Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the assault and subsequent death of a man in Wariyapola prison on December 22, 2008. He was severely assaulted by prison guards and left without medical attention even though he had sustained serious injuries. He was transferred to another prison where he was admitted to hospital but died shortly thereafter.
CASE DETAILS: (based on the testimony of the victim’s father Adikari Arachchilage Wickramadasa, 49)
Mr. Adikari Arachchilage Ruwan Sampath Wickramasinghe, 23, an army officer, had been detained in Wariyapola prison for being a deserter and was scheduled for transfer to the Bogambara Prison on December 22, 2008.
Around December 18, prison officers in the Wariyapola Prison assaulted Ruwan. They left him alone providing no medical treatment for three days despite sustaining serious injuries from the assault. He was then transferred to Bogambara prison where he was admitted to the Kandy Teaching Hospital and died thirty minutes after admission.
Informed of their son’s death, Ruwan’s parents rushed to the hospital but were not allowed to view their son’s body in the immediate aftermath of his death. They claimed that even though the cause of their son’s death, recorded by the Judicial Medical Officer, was not clear, no official or doctor explained anything to them.
Ruwan’s father claims that the officers in the prison must take responsibility for his son’s death and be punished accordingly. He made a complaint to the National Human Rights Commission on January 7, 2009.
ADDITIONAL INFORMATION
Mr. Adikari Arachchilage Ruwan Sampath Wickramasinghe, 23, left home to join the armed forces in 2008. He had been stationed in the front lines of defense. While serving as a Lance Corporal (No. 415649) attached to the 7th Gamunu Regiment of the Sri Lanka Air Force, he was shot and seriously wounded in a battle on June 28, 2008. After being shot, he dragged himself on his stomach for miles back to the safety of his camp.
He was then sent to hospital where doctors were unable to immediately remove the bullets from his body. Ruwan spent 21 days in hospital recovering physically and mentally from this ordeal. He was finally discharged from hospital and told that the bullets would be removed at a later date. He was given a few days of medical leave to visit his home.
When he returned to duty on July 27, 2008, he found that he was once again stationed in the front lines of defense. He informed his superiors that he found it difficult to function in the same manner as before because of the bullets lodged in his body. However, he was not afforded any concessions. Within a month, Ruwan again took leave to go home being instructed to report back for duty on September 28, 2008.
During his time on leave, Ruwan met with his superiors at army headquarters in Panagoda requesting a transfer due to his physical disability. However, he received no positive response. Ruwan told his parents that since it was almost impossible for him to function in the front lines in his prevailing physical condition, he would not report back for duty.
On October 25, he was arrested at his home, taken into custody and charged as a deserter. He was sentenced to three months imprisonment on November 19 and confined in Wariyapola prison.
SUGGESTED ACTION:
Please write to the relevant authorities to investigate this incident and take due disciplinary and legal action against the offenders
Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the question of torture calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Suspicious death after being assaulted in prison
Name of victim: Mr. Adikari Arachchilage Ruwan Sampath Wickramasinghe, 23, deceased; Lance Corporal (No. 415649) attached to the 7th Gamunu Regiment of the Sri Lanka Army; residence of 459/1, Kiriobunegama, Polpithigama
Name of alleged perpetrators: Prison Officers of the Wariyapola prison.
Date of incident: on December 22, 2008
Place of incident: Wariyapola prison
I am writing to voice my deep concern regarding the assault and subsequent death of Adikari Arachchilage Ruwan Sampath Wickramasinghe, a Lance Corporal (415649) attached to the 7th Gamunu Regiment of the Sri Lanka Army.
According to information received, Ruwan was shot and injured in battle on June 28, 2008 but managed to drag himself back to the camp where he received medical treatment. However, the bullets were not removed at this time. Even though he found it difficult to function with bullets lodged inside his body, he was again assigned to the front lines. After informing his superiors about his condition his new assignment was not changed. He finally decided not to return to duty and stayed at home where he was arrested as a deserter on October 25. He was sentenced to three months imprisonment on November 19 and incarcerated in Wariyapola prison.
I am informed that Ruwan was assaulted by Wariyapola prison officials on December 2008. Although he was seriously injured in the assault, he was not provided any medical attention. On December 22, he was transferred to Bogambara Prison, admitted to the Kandy Teaching hospital, and died thirty minutes after admission.
I am further informed that his parents were not allowed to see his body in the immediate aftermath of the death nor were they given any details regarding the circumstances of their son’s death.
Under these circumstances, I urge you to investigate the assault by the prison guards in Wariyapola Prison. After collecting all possible evidence and obtaining testimony from other relevant officials inside the prison, you will be able to insure that those responsible for the assault are properly prosecuted and punished according to the law. I also urge you to look into the reason for Ruwan’s parents being prevented from viewing the body of their son. The authorities must take transparent and full responsibility for their actions.
I would like to remind the government of the fact that since Ruwan was fully under the control of prison authorities, the government cannot shirk its responsibility of thoroughly investigating this case.
In addition, I urge you to examine the process by which he was again stationed in the front lines even though the bullets lodged in his body from an earlier battle rendered him unable to carry out his official duties.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / 2446657
E-mail: secretary@presidentsoffice.lk
2. Secretary
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha
Colombo 03,
SRI LANKA
Fax: +94 11 2 446300 / 421529
Tel: +94 11 2 430860-9, 430878-9 or 435879 (for the secretary)
E-mail: secdef@sltnet.lk
3. Commissioner General of Prisons
Department of Prisons
150, Baseline Road
Colombo 09
SRI LANKA
Fax: +94 11 2695205
Tel: +94 11 2695204
E-mail: prisons@sltnet.lk
4. Mr. Jayantha Wickramaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
5. Mr. Mohan Peris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
6. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Fax: +94 11 2 694 924 / 696 470
Tel: +94 11 2 694 925 / 673 806
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia).
