Dear friends,
The Asian Human Rights Commission (AHRC) has received information that the case of Chamila Bandara, a 17-year-old boy who suffered from serious injuries due to being hung and beaten at the Ankumbura Police Station from 20 to 28 July 2003, has not yet been prosecuted under the Convention Against Torture (CAT) Act, Act No 22 of 1994. Last year, the Special Investigation Unit (SIU) under the Department of Attorney General (AG) began to conduct an inquiry into Chamila’s case but until now no action has been taken by the AG’s department to prosecute the perpetrators. Chamila Bandara and his mother are currently in hiding with the help of local human rights groups after being severely threatened by the perpetrators. Chamila’s family made an application of his fundamental rights in Supreme Court. (Refer to our previous urgent appeals regarding this case: UA-39-2003; UP-31-2003, UP-38-2003)
On 6 July 2004, Nirmala David, a lawyer who is providing legal assistance to Chamila Bandara wrote a letter to the Attorney General (AG) of Sri Lanka to bring his attention to this matter. We reproduce this letter below.
We again call for your strong support in Chamila’s case. Please write a letter to the AG demanding immediate action to prosecute the perpetrators through the CAT Act.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
A letter of Nirmala David, a lawyer of Chamila Bandara to Attorney General (AG) on 6 July 2004
Re: The Inquiry under CAT Act, Act No 22 of 1994 regarding the complaint of Chamila Bandra, a torture victim by Ankumbura Police
I am writing this letter on the instruction of my client, Chamila Bandara, who is a torture victim and whose case has been inquired by the Special Investigation Unit (SIU) on instructions of your Department. My client is anxious to know the stage of the inquiry and has instructed me to inquire about this matter.
I am sure that you are aware of the findings of the Human Rights Commission (HRC) of Sri Lanka, which inquired into this case through a one-man committee. The Committee found that the complaint was true and four police officers including the Officer In Charge (OIC) (of Ankumbura Police Station) have violated my client’s rights guaranteed under Articles 11, 13(1), 13(2) and 12(1) of the Constitution. As you are aware, earlier a false report issued by an area (Kandy) coordinator of HRC, misled the Solicitor General Mr. C. R. De Silva to make an incorrect report about this matter to the UN Human Rights Committee.
My client is also aware that the UN Special Rapporteur on the Question of Torture Mr. Theo C. van Boven has made the following observations regarding my client’s complaint in his report for 2004 to the UN Human Rights Commission.
“1511. By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B G C B J and others who were taken into custody along with him and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined B.G C B J., stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney General’s Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, is now in progress.” (E/CN.4/2004/56) Add.1 dated 23 March 2004, at paragraph 1511.
Kindly let me know the progress of this inquiry.
Thank You.
Sincerely Yours
Nirmala David
SUGGESTED ACTION:
Please send a letter, fax or an email to the Attorney General of Sri Lanka and request him to take immediate action to prosecute the perpetrators by the CAT Act.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
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.netDear Sir,
Re: The inquiry under CAT Act , Act No 22 of 1994 regarding the complaint of Chamila Bandra, a torture victim by Ankumbura PoliceI have learned that no criminal action has been taken by your Department against the alleged perpetrators of the illegal detention and torture of 17-year-old Chamila Bandara. I am writing to bring your attention to this matter. Last year, the Special Investigation Unit (SIU) under your Department began to conduct an inquiry into Chamila's case but until now no action has been taken to prosecute the perpetrators. Chamila Bandara and his mother are currently in hiding with the help of local human rights groups after being severely threatened by the alleged perpetrators. They are looking for justice and the reunion of the family.
According to my understanding about this case, the Human Rights Commission (HRC) of Sri Lanka inquired into Chamila's case through a one-man committee. After the inquiry, the Committee found that the complaint made by Chamila was true and four police officers including the Officer in Charge (OIC) of Ankumbura Police Station have violated his rights guaranteed under Articles 11, 13(1), 13(2) and 12 (1) of the Constitution of Sri Lanka. I want to remind you that the Solicitor General Mr. C. R. De Silva's report to the UN Human Rights Committee actually was misled by a false report issued by a Kandy coordinator of HRC so it is an incorrect report about this matter.
I also have learned that the UN Special Rapporteur on Question of Torture, Mr. Theo C. van Boven has made the following observations regarding Chamila's complaint in his report for 2004 to the UN Human Rights Commission.
"1511. By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B G C B J and others who were taken into custody along with him and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined B.G C B J., stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney General's Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, is now in progress." (E/CN.4/2004/56) Add.1 dated 23 March 2004, at paragraph 1511.
I kindly request you respect the reports of the HRC and UN Special Rapporteur regarding this case and take immediate action to prosecute the perpetrators who are responsible for the brutal torture of Chamila Bandara.
Sincerely yours,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
