(Kandy High Court case number 231/2005); and request for an inquiry regarding it
The case of Mr. Chamilla Bandara was taken up yesterday, that is on 25 April 2006 at the Kandy High Court. The accused police officers did not appear for the case. The primary witness, the victim who was allegedly tortured by the accused was present in court and he was also represented by his lawyer when the case was taken up.
When the case was taken up it was revealed that the indictment against the accused facing charges of torture under the CAT Act, 1994 were not served with the indictment and thus did not appear in the court. The first accused Inspector Mr. Uvindasiri is currently serving as the Officer in Charge of Traffic at Kandy and other officers are also still serving at various stations. By law an officer facing charges of torture and facing trial after been served with an indictment is to be interdicted and suspended from active police duties pending the trial. Obviously, it could only be concluded that the purpose of not serving the indictment to the accused was to prevent the accused from being interdicted. It is apparent that a clear conspiracy to protect these police officers is underway within your department.
You must be aware about this case since the case had faced several complications at your department at the time of investigation and also during its later stages. It is in this case the Solicitor General Mr. C. R De Silva in a Session in Geneva at the UN while the report filed by Sri Lanka was being considered at the Human Rights Committee made a false statement to the Committee that the entire allegation against the police in this case was false. However, later the SG promised the Human Rights Committee to further look into the matter.
It was soon revealed that while a report was filed by the Kandy office of the Human Rights Commission in favour of the police, the Special Investigating Unit of the police itself investigated the case and filed a report that the allegations are supported by credible evidence. Later the Human Rights Commission of Sri Lanka inquired into the matter through a special investigator and found that the police officers did torture the victim Mr. Chamila and has thus violated his rights. A request on this basis for prosecution of the perpetrators was also made by the Human Rights Commission of Sri Lanka to your department.
Still, there was a delay at your department in filing the indictment and this time it was on the basis that there were two conflicting medical reports, one from the DMO and the other from the JMO at Peradeniya Medical Hospital. There was quite a delay on this issue and finally the Deputy Inspector General – Legal Cell was requested to interview the medical officers and to file a report. The D.I.G Mr. Thangavelu inquired into the matter and filed his report. It was after all these unnecessary confusion the indictments were filed at the Kandy High Court.
From the very beginning of this case all human rights agencies in the country and the UN agencies has repeatedly intervened with the Government of Sri Lanka. The Government of Sri Lanka has reported to the UN Rapporteur against torture, the CAT Committee and other UN agencies that investigation has been conducted in this case and the indictment has been filed.
However, after the indictment was filed it appears that the same confusion, which is apparently intentional, is going on and obviously there is some interested party within your department who is trying to safeguard the interest of the accused and resorting to illegal attempts to protect the perpetrators who are the accused in this case.
It also appears that some politician is also involved in this case putting undue pressure and influence with officers within your department to safeguard the interest of the accused thereby stalling the process of justice. Even after Human Rights Commission of Sri Lanka found the accused to be guilty of the charges leveled against them these officers still continue in service, and the first accused has even been made the OIC of Traffic in Kandy. At early stages of the investigation into this case the Kandy co-ordinator of the Human Rights Commission of Sri Lanka itself was protecting the perpetrators and was later punished by the Human Rights Commission of Sri Lanka for this. Thereafter, it seems that the same interferences seems to be continuing within your department against this case and in favour of the police officers.
These types of activities to protect perpetrators of crime were reported to have happened in the past within your department and actions were taken against some corrupt officials within your department. I therefore urge you once again to investigate and to take action against the culprits who act from within your department to protect the perpetrators.
As it has been pointed out to you as the Chief Legal Officer and also to other authorities in Sri Lanka the victim in this case is living in fear all the time and lives far away from their native village for reasons of security. The entire family had also to leave their native village due to pressure from the police. The issue of witness protection in this case has been raised by the UN agencies also. The delay in the prosecution is having serious repercussions on the victim and his family.
There is an inherent cruelty which is manifest in such deliberate delays in prosecutions. The resultant loss of confidence by the people naturally contributes to lawlessness in the country.
I am certain that you are also aware that when the fundamental rights case regarding the same cause of action was taken up at the Supreme Court on the date of the final hearing, the case was adjourned by the Supreme Court with an observation that the case will be only taken up after the disposal of the criminal trial at Kandy High Court. The Supreme Court also had made an observation that the trial at the High Court must be completed without delay. It is even after the order from the Supreme Court that this mishandling of the case is continuing within your department.
The case at the Kandy High Court stands adjourned to 1st June 2006. I urge you to investigate into this matter and to take action against the culprits and to ensure that the indictment is served on the accused before this date.
Sincerely
Bijo Francis
South Asia Desk
The Asian Human Rights Commission
Copy to:
1. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
Sri Lanka
Fax: 94 11 2 694 924 / 696 470
2. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
3. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: 41 22 917 9016
4. Mr. Shavindra Fernando
Additional Solicitor General
Attorney Generals Department
Sri Lanka
5. Ms. Maria Francisca Ize-Charrin
Chief, Treaties and Commissions Branch
Office of the United Nations Commissioner for Human rights
Palais des Nations
CH 1211
Geneva 10
Fax: 41 22 917 9011
