Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the death of Mudalige Sunil Fermin Perera, who died on 6 July 2006 due to torture by prison guards (See further: UA-221-2006). Despite the victim’s death, no criminal inquiry has yet to begin looking into his murder. Although two prison officers have been interdicted due to public outcry, Linton Gamini Munaweera has stated that there were seven prison officers involved in the assault. Meanwhile, the Prison Commissioner, who is responsible for investigating the case within the prison department, claimed that the victim’s death was caused by kidney failure but not by the torture in the prison.
According to the information we have received, while admitting to media that the victim was assaulted in prison, the Prison Commissioner tried to claim that according to the medical report the death was due to kidney failure. This obviously suggests that the Commissioner cannot see the link between the assault and the kidney failure. Beside this, the fact that two persons could be assaulted inside a prison for two days without any prison officers protesting or other prisoners intervening shows that a culture of tolerating torture inside Sri Lankan prisons exists. With the callous attitude of the Prison Commissioner, there will be nothing to stop similar tragedies in prisons in the future.
Under the circumstances, the AHRC call for your strong intervention into this matter. Please write to the President of Sri Lanka urging him to order a proper and thorough inquiry into this case. Please also seek intervention from the Inspector General of Police, the Human Rights Commission of Sri Lanka, the Minister for Disaster Management and Human Rights and other Sri Lankan authorities.
Meanwhile, the AHRC also calls for the resignation of all officers related to this incident through command responsibility including the chief of the Kuruwita Remand Prison and the Prisons Commissioner himself (For details please see the AHRC’s statement on this matter: AS-164-2006).
SUGGESTED ACTION:
Please write to the President of Sri Lanka and urge him to a thorough inquiry into the case and seek the Police Commissioner’s resignation for the purpose of instilling a better system of prisons within the country. Please also write to the Police Commissioner calling for his resignation. Sample letters are attached below. We also request you to write the IGP, HRC and other relevant authorities of Sri Lanka calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
LETTER 1: To the Executive President
Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (for the secretary to President)
Email: secretary@presidentsoffice.lk
Yours Excellency,
SRI LANKA: Responsibility of prison officers for death of M.S.F. Perera and injuries to L.G. Munaweera
Name of the Victims:
1. Mudalige Sunil Fermin Perera of 55 1/A Pitakotte Kotte, aged 55, a father of three sons, an employee of Oxygen Company who made a living providing Helium balloons (killed)
2. Linton Gamini Munaweera of Makola, aged about 35, a father of two children (injured)
Alleged Perpetrators: Seven prison guards of Kuruwita prison for torture
Date of incident: Illegally arrested on 28 June 2006 and allegedly tortured between June 28 and July 3.
I am sure that you are aware of the death of M.S.F. Perera and the severe injuries to L.G. Munaweera, which has been widely publicised in the local newspapers and has also gained the attention of the international community.
What is appalling is the fact that such cold torture which lasted for two days happened without the intervention from other prison officers or even from the fellow prisoners to stop it. The absence of the fellow prisoners' intervention shows that torture must be happening in a routine manner in prisons and a fear psychosis has been created within prisons in your country.
I was also appalled at the fact that even after the two men were severely injured, no medical attention was given to them in the prison's hospital or outside until a magistrate intervened in the matter. If they had been given medical attention earlier, M.S.F. Perera may have survived. What makes the situation even worse is that up to now no credible criminal inquiry has begun into the incident and that no one has been arrested so far. Meanwhile, all traces of evidence such as blood stains and the like would have erased from the scene of the crime.
Adding insult to injury, I was shocked to know that the Prison Commissioner Mr. Vajira Wijegunawardene said that M.S.F. Perera died due to kidney failure in an attempt the distort public outrage. You must know that clearly from the officers in charge of the ward where the incident happened, all the prison officers of the command structure including the chief officer are responsible for this event. The Prison Commissioner himself neither shows any compunction about the incident or any determination to investigate the matter thoroughly and punish all the culprits. Such a Commissioner does not deserve to hold such an important post and therefore I think it is the duty of the state to seek his resignation for the purpose of instilling a better system of prisons within the country.
Further, I call for a thorough inquiry into the case including a DNA test at the scene of the crime on the clothes and other material left by the deceased and also the surviving victim. Only through a speedy inquiry, followed by a speedy prosecution and trial can a situation like this be properly addressed. Not to address such a serious situation is not only to let this terrible prison condition continue but will also cause loss of faith in the legal system amongst the people. I urge you to address this issue with the seriousness it deserves.
Thank you.
(Signature)
LETTER 2: To the Prisons Commissioner Mr. Vajira Wijegunawardene
Major General Vajira Wijegunawardene
Prisons Commissioner
Department of Prisons
Fax: 94 11 2695205
Email: prisons@sltnet.lk
Dear Mr. Wijegunawardene,
SRI LANKA: Responsibility of prison officers for death of M.S.F. Perera and injuries to L.G. Munaweera
Name of the Victims:
1. Mudalige Sunil Fermin Perera of 55 1/A Pitakotte Kotte, aged 55, a father of three sons, an employee of Oxygen Company who made a living providing Helium balloons (killed)
2. Linton Gamini Munaweera of Makola, aged about 35, a father of two children (injured)
Alleged Perpetrators: Seven prison guards of Kuruwita prison for torture
Date of incident: Illegally arrested on 28 June 2006 and allegedly tortured between June 28 and July 3.
I am morally outraged by the alleged torture that resulted in the death of M.S.F. Perera and the severe injures inflicted upon L.G. Munaweera. I am writing this letter to express my further indignation at your remarks that the death was due to kidney failure. Such remarks show utter insensitivity and lack of an understanding of your moral obligation to those who have been handed over to your custody.
Under the circumstances, I think that you would do best for the prison system as well as for the rule of law system in the country by resigning your post.
Yours truly,
(Signature)
PLEASE ALSO WRITE TO:
1. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
E-mail: ssyed@ohchr.org, tb-petitions@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
150 Baseline Rd, Colombo9
Sri Lanka
