Mr. Priyasath Dep Acting Attorney General
Attorney Generals Department
Colombo 12
SRI LANKA
Via Fax: +94 11 2 436 421
Hon. Acting Attorney General,
Re: Request to Appeal against the Judgment of the High Court Judge in Negombo (Case No. HC 259-2003, relating to torture of
The Rehabilitation and Research Centre for Victims of Torture (RCT) is a non-profit, health organisation independent of party politics, which treats refugees exposed to torture, who have been granted asylum in Denmark. RCT is funded by the Danish Ministry of Foreign Affairs and we have cooperation on rehabilitation and prevention of torture in a series of countries such as Sri Lanka.
RCT takes the liberty to write to you regarding the case no. HC 259-2003, concerning Mr. Sundara Arachige Lalith Rajapakse. In this case the High Court Judge of Negombo on the 9th October 2008 rendered a verdict of not guilty in respect of the individual accused of torture.
RCT and the international community have followed the case of Mr. S.A. Lalith Rajapakse, Case No. HC 259-2003 with particular interest and concern, as this tragedy of torture has unfolded in Sri Lanka. We are astonished and surprised with the acquittal decision of the High Court Judge in Negombo, and we submit our concern to your honourable office after having compared the judgment with the medical documentation and judicial assessment of the evidence. We find it very difficult to understand how the High Court Judge has arrived at a decision to acquit the suspects in the present case.
We are attentive to the reality that prevention of torture in Sri Lanka is a serious challenge to the justice system and for the Government of Sri Lanka. Yet, genuine efforts of the legal authorities to prevent torture in Sri Lanka would lead to enormous development dividend, not only would such efforts build the trust of the population in the justice system, but it would also be a major contribution to repairing the international reputation of Sri Lanka as a responsible state member of the international community observing the highest respect for the Rule of Law and the international conventions to which Sri Lanka is party.
I am convinced that you will agree; thorough investigation and prosecution of torture cases is of vital importance if impunity is ever to be combated. The fair and efficient administration of justice in all cases of torture sends a strong signal to would-be-perpetrators that they will be subject to the full force of the law, and in this case under the Convention against Torture and other Inhuman and Degrading Punishment Act No 22 of 1994.
Thanking for your attention to this particular case we urge the Office of the Attorney General to study the judgment of the High Court Judge and to appeal against the said acquittal. You will agree that holding perpetrators to torture to account is a key means of providing justice to the victims of torture.
Thanking you,
Yours sincerely,
Erik Wendt
Program Manager Asia
Rehabilitation and Research Centre for Torture Victims
13, Borgergade
DK-1014 Copenhagen K
Denmark
Phone: +4533760600
Fax: +4533760510
Email: ew@rct.dk
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
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