The Asian Human Rights Commission (AHRC) has received information that S.L. Kulatunga had serious head injuries after being tortured by the Nivithigala police and died at the Genral Hospital of Colombo on 12 November 2003.
After his death, thousands of persons gathered around the police station to express their anger about his death. According to the past experience of similar instances, the people are worrying that the police will hush up the case in the end and the perpetrators will not be punished. Your urgent action is required to correct this matter immediately.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victim: S.L. Kulatunga
Name of the perpetrator: Some Officers of the Nivithigala Police Station
Date of incident: 10 November 2003
Case details:
On 12 November 2003, S.L. Kulatunga, who was arrested with another person by the Nivithigala police was hospitalized with serious head injuries and died at the General Hospital of Colombo.
The victim was arrested by four persons in civilian clothes. He was arrested with another person who was later released. At the police station he was assaulted and suffered serious head injuries. Later he was admitted to the Watupityi Hospital on the 11 November. He was then transferred to the General Hospital in Colombo where he died on the 12 November.
The assault on this person provoked an area-wide protest when thousands of persons gathered around the police srtation, cut down trees, barricaded the road and burnt tires to express their anger. The protesters, reported to be about one thousand persons, also gathered around the hospital where the victim was warded to protest.
The police authorities have transferred four police officers and promised inquiries. However, past experience of similar instances show that though some actions are taken to calm down the crowds who protest immediately after the incident, what generally happens is that high ranking police officers manipulate inquiries to try and protect the culprits.
On the 6 November 2003, the UN Human Rights Committee in their concluding observations made the following recommendations (among several other recommendations):
‘The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.’
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities and express your concern of this serious case.
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Shaveendra Fernando
Senior State Counsel
Torture Prosecution Unit
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 327 765
4. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148
5. Dr. Radhika Coomaraswamy
Director
National 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
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
7. Ms. Asma Jahangir
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: 92 42 5763 234
Fax: 41 22 917 9006 / 92 42 5763 236
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Tortured to Death; the Case of S.L. Kulatunga who was Tortured by some Officers of the Nivithigala Police Station
Name of the victim: S.L. Kulatunga
Name of the perpetrator: Some Officers of the Nivithigala Police Station
Date of incident: 10 November 2003
I am writing to condemn the killing of this victim by a number of policemen.
Judging by the reports received regularly from human rights organizations, custodial deaths are a common occurrence in Sri Lanka. Though complaints are made about serious acts of torture constantly the Sri Lankan authorities have failed to take any serious action on such cases. The allegation that high ranking police officers act in a manner to cover up such cases makes the situation even worse and there is no deterrence to stop such activities perpetrated by the police.
I urge you to intervene in this matter and to ensure that genuine inquiries are conducted as urgently as possible and that the perpetrators be brought to justice. I also bring to your notice the recommendations made by the UN Human Rights Committee on the 6November in their General Comments on the Report of the Government of Sri Lanka the said Committee.
On the 6 November, the UN Human Rights Committee in their concluding observations made the following recommendations (among several other recommendations):
'The State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 7 and 9 of the Covenant, and ensure effective enforcement of the legislation. It should ensure in particular that allegations of crimes committed by state security forces, especially allegations of torture, abduction and illegal confinement, are investigated promptly and effectively with a view to prosecuting perpetrators. The National Police Commission complaints procedure should be implemented as soon as possible. The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases The capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations should be strengthened.'
Thank you for your attention.
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Thank you.
Kim Soo A
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
