UPDATE (Sri Lanka): Tissa Kumara receives further death threats 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of further death threats to torture victim and tuberculosis patient Koralaliyanage Palitha Tissa Kumara, since he has been released on bail.

Yesterday, 4 July 2004, a police constable Nishantha, (probably from the Wellipena Police Station) came to Kumara’s home and told him and his wife to withdraw their complaints against the police, or they would not live very long. The constable added that because of Kumara, SI Silva (the main perpetrator of torture against him) and other police officers could be in trouble, and so Silva and other officers have informed their people underground (Mafia) and asked them to do what is needed.

Kumara has also been pressurized by local monks and politicians to withdraw the fundamental rights case pending in the Supreme Court regarding his torture, illegal arrest and detention, where a TB victim was forced to spit into his mouth.

The victim and his family have been continuously threatened and Kumara was even offered money to withdraw his case. The National Police Commission has been informed about yesterday’s threats, and the commissioner has spoken to the IGP. The National Human Rights Commission hotline has also been informed. Tissa Kumara is to appear for a number of inquiries in the coming days and the necessary steps for his protection must be taken.

AHRC calls for your urgent intervention to pressure the Sri Lankan government and local authorities to ensure the security of the victim and his family, and to suspend the responsible police officers from their service while the case is being investigated.

To see our previous appeals on this case, please visit:

UA-18-2004: http://www.ahrchk.net/ua/mainfile.php/2004/614/
UP-21-2004: http://www.ahrchk.net/ua/mainfile.php/2004/669/
UP-22-2004: http://www.ahrchk.net/ua/mainfile.php/2004/670/

UP-28-2004: http://www.ahrchk.net/ua/mainfile.php/2004/713/

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

Koralaliyanage Palitha Tissa Kumara has recently been released from prison on bail where he was severely tortured by Sub Inspector (S.I.) Silva of the Wellipena Police Station on 3 February 2004. During the torture, S.I. Silva had forced a tuberculosis patient to spit into Kumara’s mouth, resulting in him acquiring TB.

Kumara and his family have received several death threats regarding their complaints against the responsible police officers. On 16 June 2004, Kumara was visited by a socially important person who carried a message from the police: he would receive 500,000 rupees (USD 922) if he withdraws the cases that have been filed based on his complaints.

In a separate incident, Kumara received a message that his wife and their child would be crushed to death by a vehicle if the complaint against the perpetrator, Sub inspector (SI) Silva was not withdrawn. This message was also conveyed through a third party.

Most recently, on 4 July 2004, a police constable named Nishantha, (probably from the Wellipena Police Station) came to Kumara’s home and told him and his wife to withdraw their complaints against the police, or they would not live very long. The constable added that because of Kumara, SI Silva and other police officers could be in trouble, and so Silva and other officers have informed their people underground (Mafia) and asked them to do what is needed.

A fundamental rights case is pending in the Supreme Court regarding the torture, illegal arrest and detention of Kumara. At the preliminary hearing, the state counsel, appearing for the attorney general, said that he was satisfied that the allegation by the victim was 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 Wellipena 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 safety. AHRC urges the Sri Lankan government, the attorney general, the National Police Commission (NPC) and the National Human Rights Commission (NHRC) to act urgently to provide security to Kumara and his family, ensure that due process is observed and suspend the responsible police officers from police service while the case is pending.

SUGGESTED ACTION:
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