UPDATE (Sri Lanka): Police pressure the torture victim to withdraw case by threatening his family 

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned at the death threats to the family of torture victim Koralaliyanage Palitha Tissa Kumara.

According to the information received, Tissa Kumara received a message through a third party that his wife and their child will be crushed to death by a vehicle if his complaint is not withdrawn against Sub Inspector (SI) Silva. In a separate incident, he also was offered 500,000 rupees (US$4,922) from the police (also through a third party) if he withdraws the case on 16 June 2004.

A fundamental rights case is pending in the Supreme Court regarding the torture, illegal arrest and detention of Tissa Kumara who was subjected to the most inhuman cruelty when a TB victim was forced to spit into his mouth after being severely tortured with a cricket stump. Tissa Kumara is still in jail awaiting completion of the formalities to release him on bail. The alleged perpetrator, SI Silva, continues to work at the police station.

AHRC calls for your urgent intervention to pressure the local authorities to provide security to the victim’s family and remove the culprits from police service.

To see our previous appeals on this case, please visit:
UA-18-2004: http://www.ahrchk.net/ua/mainfile.php/2004/614/
UA-21-2004: http://www.ahrchk.net/ua/mainfile.php/2004/669/
Ua-22-2004: http://www.ahrchk.net/ua/mainfile.php/2004/670/

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Koralaliyanage Palitha Tissa Kumara is still in jail awaiting completion of the formalities to release him on bail. He was severely tortured by the Sub Inspector (S.I.) Silva of the Wellipenna Police Station on February 3. At the time of torture, S.I. Silva had forced a tuberculosis patient to spit into his mouth and he has been diagnosed by doctors as suffering from tuberculosis on April 29.

On 16 June 2004, he had a visit from a socially important person who carried a message from the police: he would receive 500,000 rupees (US$4,922) if he withdraws the cases that have been filed based on his complaints.

Meanwhile, in a separate incident, he received a message that his wife and their child will be crushed to death by a vehicle if the complaint is not withdrawn against the perpetrator, Subinspector (SI) Silva. This message was also conveyed through a third party.

A fundamental rights case is pending in the Supreme Court regarding the torture, illegal arrest and detention of Tissa Kumara who was subjected to the most cruel type of punishment when a TB victim spit into his mouth after he had been severely tortured with a cricket stump.

At the preliminary hearing, the state counsel, appearing for the attorney general, said that he is satisfied that the allegation by the victim is true and that a special investigation unit (SIU) is conducting an inquiry to prosecute the perpetrator under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Act, or Act 22 of 1994. Later the SIU obtained permission from the magistrate to record statements from all of the police officers attached to the Welipenna police station. However, the alleged perpetrator, SI Silva, still continues to work at the police station.

Under these circumstances, local human rights NGOs supporting the family expressed concern for their safely. AHRC urges the Sri Lankan government, the attorney general, the National Police Commission (NPC) and the National Human Rights Commission (NHRC) to urgently act to provide security to the family and remove the culprits from the police service.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your concern about this serious case.

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