Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned by the safety of a torture victim, Mr. Channa Prasanka Fernando, and urges the local authorities to provide full protection to him.
According to the updated information we have received, Mr. Channa Prasanka Fernando went into hiding in order to safeguard his life. On 27 September 2004, he went to the Ragama Teaching Hospital due to severe head pains which resulted from an alleged blow to his forehead with a pistol butt by Sergeant Subasinghe. Mr. Fernando informed to a local human rights NGO that in the afternoon of September 28, he saw a close associate of Sergeant Subasinghe who was accompanied by a group of persons hovering around the ward which made him fear that a third attack upon him was imminent. Thereafter, instead of seeking treatment he went into hiding in order to safeguard his life.
Mr. Channa Prasanka Fernando was allegedly tortured by Sergeant Subasinghe on 13 June 2004. After the incident, Mr. Fernando made several complaints against the Sergeant Subasinghe about his torture. Mr. Fernando further alleges that he was kidnapped and taken to an unknown place on 15 September 2004 by a group of people including the said Sergeant Subasinghe, and over the next two days Sergeant Subasinghe visited him, tortured him and finally forced him to provide a letter withdrawing the charges against him and a further letter to his mother stating that he was committing suicide of his own free will. He could barely escape from the house where he was kept. (Refer to: UA-122-2004) He stayed in a shelter out of fear after the incident but due to severe head pains he entered the Ragama Teaching Hospital on the morning of September 27.
Despite all these incidents, no inquiry has been conducted against Sergeant Subasinghe and no arrest has been made. Mr. Fernando’s mother, A.A. Winifreda Fonseka, wrote to the Chairperson of the National Human Rights Commission (NHRC) of Sri Lanka on September 28 asking for the protection of her son’s life.
The AHRC urges the government of Sri Lanka to ensure that a prompt inquiry is held into the allegations of Mr. Fernando, resulting in the arrest and prosecution of the culprits as under the Criminal Procedure Code of Sri Lanka and international law if Mr. Fernando’s allegations are found to be sufficient to establish a prima facie case.
A translation of a letter written by Mr. Fernando’s mother to the NHRC, asking for the protection of her son’s life, is attached below.
[The victim’s mother’s letter to the NHRC of Sri Lanka]
The Chairperson
National Human Rights Commission of Sri Lanka
Kinsey Road
Colombo 8
SEEKING PROTECTION FOR LIFE
This has reference to my letter of 20 September 2004 and the Complaint Number HRC2666/04/1(VII)
Dear Chairperson,
My eldest son S.Channa Prasanna Fernando informed on 20 September 2004 both by fax and letter that several officers of the Negombo police including Sergeant Subasinghe abducted him, kepthim hidden and tortured him for three days during which time he was forced to give letters to the effect that he was withdrawing the complaints made by him against the said officer and that he was committing suicide of his own accord.
Since a severe headache resulting in shock due to the torture required immediate medical attention in a place that provided protection, we decided to have him admitted to the Ragama General Hospital on 27 September 2004, not to the Base Hospital in Negombo.
But the following day, 28 September 2004, due to the appearance of a suspicious person at ward 7 where he was warded (a cousin of the police officer who was accused of torturing Channa Prasanna Fernando), we were compelled to get him discharged from the hospital. Consequent to the abduction and torture and due largely to security fears of our son, we have refrained from informing either his whereabouts to our relatives or keeping him at home. When we came to know that the information about our son was provided by the police personnel at the Ragama General Hospital to the police in Negombo, we strongly felt that the relative of Seargeant Subasinghe must have come to the ward on his instructions.
It is quite frustrating and disheartening to see these things being repeated despite the complaints made to the proper authorities regarding all the previous incidents. Since we sought legal protection for our son we were just able to save his life this the second time. Now I beg of you to intervene before it happens the third time, both to safeguard his life and to conduct a speedy and impartial inquiry into all these incidents
Thank you.
Yours faithfully,
(Signed)
Amarasinghage Alan Winifreda Fonseka
SUGGESTED ACTION:
Please send a letter to the addresses below and urge them to provide full protection to Mr. Fernando, conduct a prompt inquiry into the allegations of Mr. Fernando, and prosecute the culprits if the allegations are found to be true.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Sir,
Re: SRI LANKA: Urgent protection should be provided to the torture victim, Mr. Channa Prasanka Fernando and a prompt investigation into Mr. Fernando's allegations must be launched
I am writing to bring to your urgent attention the safety of a torture victim Mr. Channa Prasanka Fernando.
Mr. Channa Prasanka Fernando was allegedly tortured by Sergeant Subasinghe of the Negombo police on 13 June 2004. Mr. Fernando further alleges that he was kidnapped on 15 September 2004 by a group of people including the said Sergeant Subasinghe, and tortured by Sergeant Subasinghe who finally forced him to provide a letter withdrawing the charges against him and a further letter to his mother stating that he was committing suicide of his own free will. He could barely escape from the house where he was kept for almost three days on September 27.
Even though he needed urgent medical attention, he stayed in a shelter out of fear, but due to severe head pains he entered the Ragama Teaching Hospital on the morning of September 27. However, I was informed that Mr. Channa Prasanka Fernando feared a third attack and went into hiding in order to safeguard his life in the afternoon of September 28 after he saw a close associate of Sergeant Subasinghe, accompanied by a group of persons, hovering around the hospital ward. Thereafter, instead of seeking treatment he went into hiding in order to safeguard his life.
Based on the circumstances, I strongly urge you to provide full protection to Mr. Fernando immediately. I also urge you to order a prompt inquiry into the allegations of Mr. Fernando, and prosecute the culprits if the allegations are found to be true.
Thank you for your attention into this matter.
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Send a letter to:
1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877
2. 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.net3. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail:
polcom@sltnet.lk4. Dr. Radhika Coomaraswamy
Chairperson
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.lk5. 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
6. Mr. Leandro Despouy
Special Representative on the Independence of judges and lawyers
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9175727
Fax: +41 22 9179006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
