[RE: UP-03-2005: SRI LANKA: Further threat to the life of torture victim Channa Prasanna Fernando, UP-01-2005: SRI LANKA: Police officers interdicted regarding three torture cases of Gerald Perera, Lalith Rajapakse and Channa Prasanna Fernando; UP-54-2004: SRI LANKA: Urgent protection is necessary for the torture victim; UA-122-2004: SRI LANKA: Second torture of a torture victim who was kidnapped by the perpetrator issued on 22 September 2004]
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding torture victim Channa Prasanka Fernando. Channa Prasanka had previously been tortured on 13 June 2004 by Police Sergeant Subasinghe who again abducted and tortured him between 15 and 17 September 2004, in an effort to suppress his evidence relating to the torture case (See further: UP-03-2005, UP-01-2005, UP-54-2004, UA-122-2004).
According to the information we have received, subsequent to an inquiry on the complaint lodged by Channa Prasanka, the Human Rights Commission (HRC) of Sri Lanka has held that the Respondent E.M.P. Subasinghe (P.S. 31545) has violated the rights of Channa Prasanka guaranteed under Article 11 of the Sri Lankan Constitution, which prohibits torture and cruel and inhuman treatment. The inquiry into the complaint of Channa Prassanga (Complaint No.: HRC/2666/04/I(viii)) was conducted by a retired high court judge P.W. Edisuriya and the recommendations were made after the inquiry was communicated to Channa Prasanka by Nimal Punchihewa, the Director of Inquiries and Investigations of the HRC.
The HRC’s order is dated 21 August 2005. In this order, the HRC has instructed the said police officer to pay to the complainant Rs. 25,000= (USD 250). The AHRC was informed by the victim’s lawyers that they would pursue the matter for compensation under the civil procedure of Sri Lanka at an appropriate district court. A copy of the HRC’s order has been also sent to the Inspector General of Police (IGP), the Chairperson of the National Police Commission (NPC) and the Attorney General (AG) to urge appropriate action against the police officers responsible for Channa Prasanka’s torture.
The AHRC welcomes the HRC’s decision. We also request that the IGP and the AG file cases against the culprit police officer E.M.P. Subasinghe under the Convention Against Torture Act (Act No. 22 of 1994).
We urge you to write an appeal letter to the AG and the IGP requesting to bring the prosecution of this matter before a High Court as early as possible.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Sir,
Re: SRI LANKA: Human Rights Commission has held that Channa Prasanka had been tortured; Prosecution against responsible police officer is required
I am happy to learn that the Human Rights Commission of Sri Lanka has held an inquiry into the alleged torture of Channa Prasanka and has held that, in fact, such torture has been committed by Police Sergeant Subasinghe of the Negombo Police Station.
From earlier communication on this matter, I am aware that the torture perpetrated on Channa Prasanka was extremely brutal. He was even abducted and tortured again by the same police sergeant due to his complaint about the first act of torture. Sergeant Subasinghe forced the victim to write letters withdrawing complaints against him.
In particular, the sergeant forced the victim to write a letter addressed to his mother stating that he was committing suicide on his own free will, before the sergeant beat him unconscious with a pistol. The sergeant then left him alone in a room in a remote house thinking that he was dead. The second act thus, would constitute an allegation of attempted murder.
I therefore urge you to take appropriate action so that the immediate prosecution of this officer is made under the CAT Act of Sri Lanka. The police authorities must dismiss such persons from the position of law enforcement officers so as to restore confidence in the policing system in the country.
Yours truly,
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SEND A LETTER TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
SEND A COPY TO:
Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
