AHRC has received a testimony of severe torture from a prisoner, Mr. Michael Edward (Prison No. 2143) of Kandy, who is currently being held at Bogambara Prison and previously at Kalutara Prison. He was taken as a
terrorist suspect by Talathu-oya Police on 21st May 1998. He was kept in police custody until he was produced before the magistrate on the 9th October 1998. On an application by his wife there is a court case pending in High Courts, Kandy (Case no: 1294/99).
BACKGROUND INFORMATION
The torture he has received has been extremely brutal, including beatings and genital torture. We include part of his statement here below (please be warned that it is quite shocking). AHRC’s representative in Sri Lanka has verified the accuracy of Mr. Edward’s statement regarding his torture.
More than 6 months have passed since this statement, and still there has been no action — no investigation, no redress and still no date set for his court case. The only development is that Mr. Edward’s health condition has worsened, especially his hearing, sight and use of limbs. Mr. Edward’s
wife and six children are also suffering hardship through the lack of income and the fear of the threats.
STATEMENT FROM MR. EDWARD, 13/9/99
(Prison No.2143; Case No.1294/99)
\”01.I was blindfolded and beaten like an animal. The blows dislodged one of my teeth.
02.They placed some books on my head and hit with a pole. Then they hit my head on the wall. As a result of this torture I suffer severe headaches, weakness in my eyes. My eyes tear frequently and at times my sight in quite blurred.
03.Once the squeezed my sex organs and hammered me. As a consequence of this I have severe pain when I urinate, also pass blood with my urine.
04.Once they tied me to a bench and my feet with a pole. Then they put me flat on the face and hit me with the pole thus I suffer severe pain in my feet..
05.Another time they sent in a wire through my anus and drew it out. As a result I suffer severe pain when excreting, also I bleed at such times.
06.They press Petrol bags on to my face then I faint.
07.They threatened to sexually abuse my wife and eldest daughter.\”
RECOMMEDED ACTION
Please write to the President of Sri Lanka and to the Director of Bagambara Prison (where Mr. Edward is being kept), with copies to the Sri Lanka Human Rights Commission, and to us. The addresses are written below the following sample letter, which you may use as a guide.
SAMPLE LETTER
Your Excellency President Chandika B. Kumaratunga
Presidential Residence
Colombo 3,
Sri Lanka
Fax: 94-1-333-703
24th March 2000
Your Excellency,
An extremely brutal case of prolonged torture of a prisoner in a Sri Lankan jail has come to my attention. The prisoner is Mr. Michael Edward (Prison No. 2143) of Kandy, who is currently being held at Bogambara Prison and previously at Kalutara Prison. This torture must stop immediately –
it is unconscionable that this could happen to a citizen of your country.
Because of his torture, Mr. Edward is suffering poor and declining health without medical attention. Please ensure that he can recover with the help of urgent and proper medical attention by a doctor.
I include here a statement made by him, which should not only inform you of his torture, but provide the basis for a criminal investigation into his torture, under the Sri Lankan Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. The
statement has been confirmed to be accurate by sources other than Mr. Edward. An investigation must begin immediately. The investigation should also determine how many other people in Sri Lankan prisons are also being
subjected to torture. Those responsible for the torture must be tried for the offences, according to Act No. 22.
Finally, there has still been no date set for Mr. Edward’s trial, Case No. 1294/99. Please expedite this case, so that Mr. Edward has a chance to defend himself fairly before a court of law. If this is not possible, he should be released from custody and allowed to resume a normal life.
Thank you for your prompt action on this matter. I eagerly await news of a complete cessation of the torture Mr. Michael Edward has been suffering, a significant improvement in his health, an enquiry into torture going on in Sri Lankan prisons, and of course to find out when Mr. Edward’s case will be heard.
Yours sincerely,
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SEND LETTERS TO:
1. Hon Prof. G.L.Peris,
Minister for Justice, Constitutional Affairs,
-Ethnic affairs and National Integration,
Justice Ministry,
Superior Courts Complex,
Colombo-12
Sri Lanka.
Tel: 94-1-433192
Fax : 94-1-445446
2. Commissioner General of Prisons,
Prison Department,
150, Baseline Road,
Colombo-09,
Sri Lanka.
Tel: 94-1-691976
Fax:-94-1-695206
3.Superintendent of Prisons,
Bogambara Prison,
Kandy,
Sri Lanka.
Tel: 94-8-234320, 234321
Fax: 94-8-224059
SEND COPIES TO:
Mr. O S M Seneviratne
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N W Perera Mawatha
Borella, Colombo 8
Sri Lanka
Fax: 94-1-694 924
Diplomatic representatives of Sri Lanka accredited to your country.
