Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that no action has been taken by the authorities in Sri Lanka to arrest or prosecute those police officers allegedly responsible for the custodial death of a 53-year-old man. As reported to you through our urgent appeals programme on 6 June 2005 (UA-90-2005), Mr. Lelwala Gamage Nandiraja died after allegedly being severely and repeatedly tortured while under police custody following his arrest on 29 May 2005. We also noted that an attempt to conceal the circumstances behind the victims death was also reported when police did not properly inform his relatives that the victim was dead.
On June 1 a postmortem was performed on the body by the Judicial Medical Officer of Ragama who certified that death was due to injuries caused by a blunt instrument.
Complaints about the case have already been lodged and the circumstances surrounding the victims death have received considerable media attention due to the substantial intervention by local human rights organizations. Yet despite this, the alleged perpetrators have not been arrested nor has any action been taken under the Crimes against Torture Act.
This is yet another case of a death caused by torture at a police station in Sri Lanka. Repeatedly, appeals have been made to the Inspector General of Police and other Sri Lankan authorities to take measures to stop torture at police stations and also to bring to an end this type of death caused at police stations. However, no policy decisions have been made by the police department on this matter, nor has the National Police Commission tried to work out a strict system of discipline of the police for the purpose of preventing such deaths. A total indifference and carelessness prevails over the issue of torture and death at police stations across the country.
We ask therefore, that you please write to the relevant authorities once more, stressing their obligation to remedy this situation, both in this particular case as well as custodial deaths across Sri Lanka.
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SAMPLE LETTER
Dear ____________,
SRI LANKA: Government and police authorities fail to respond to the custodial death of a man
Name of the victim: Lelwala Gamage Nandiraja (53), of Ambana, Kahaduwa in Elpitiya in Southern Province in the District of Galle
Date and place of arrest: 29 May 2005 at 8:30p.m in Ambana, Kahaduwa in Elpitiya
Police who took victim into custody: Weliweriya Police Station, about 30 km from Colombo in the District of Gampaha, Western Province
Alleged perpetrators during the arrest: Unnamed policemen from the Weliweriya Police Station and Pitigala Police Station. Two of them wore police uniforms while the others wore civilian clothes
I write to you to voice my frustration at the inaction by government and police authorities in Sri Lanka over the alleged custodial death of a man whilst in the custody of Weliweriya and Pitigala police stations.
I am aware that during Lelwala Gamage Nandirajas arrest, he was severely and repeatedly beaten with clubs all over his body. The police did not provide Nandiraja, or his family, reasons as to why he was being arrested. The victim was dragged naked towards a service vehicle and taken into custody. On 29 May 2005, while still in custody, Nandiraja died. On June 1 a postmortem was performed on the body by the Judicial Medical Officer of Ragama who certified that death was due to injuries caused by a blunt instrument.
Complaints about the case have already been lodged and the circumstances surrounding the victims death have received considerable media attention due to the substantial intervention by local human rights organizations. Yet despite this, the alleged perpetrators have not been arrested nor has any action been taken under the Crimes against Torture Act.
This is yet another case of a death caused by torture at a police station in Sri Lanka. Repeatedly, appeals have been made to the Inspector General of Police and other Sri Lankan authorities to take measures to stop torture at police stations and also to bring to an end this type of death caused at police stations. However, no policy decisions have been made by the police department on this matter, nor has the National Police Commission tried to work out a strict system of discipline of the police for the purpose of preventing such deaths. A total indifference and carelessness prevails over the issue of torture and death at police stations.
I therefore write to you stressing your obligation to remedy this situation, both in this particular case as well as custodial deaths across Sri Lanka. I ask that you ensure that an independent and proper investigation be conducted into Nandirajas murder. I further ask that immediate sanctions be placed against all police personnel involved in this case so as to avoid any interference in the investigation itself.
Further I urge that the court ensure the immediate filing of murder and torture charges against the policemen involve without delay. In addition to these charges, the Pitigala police should also be investigated over allegations of attempts to conceal the custodial death.
Nandirajas death is yet another case of custodial death by the police in Sri Lanka. Such a practice must be stopped and it is the responsibility of the Government of Sri Lanka to initiate policy to ensure this. I therefore call upon the government to implement policy that will prevent further custodial deaths from occurring.
I trust that you will take action on this serious case.
Yours sincerely,
_______________________________
PLEASE 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
Email: attorney@sri.lanka.net or
counsel@sri.lanka.net
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. 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.lk
PLEASE SEND COPIES TO:
1. 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.lk
2. 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)
3. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG1211
Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
