Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Kandy Human Rights Office, a human rights organization, regarding the case of torture of a man by a prison officer in last December and early January. Even though this case was informed to the Prison Commissioner on February 19 but, to date no investigation has been conducted. His family worries about his safety in the prison.
CASE DETAILS: (Based on the victim’s testimony)
B.G. Premasiri surrendered himself to the Divisional Police Office in Asgiriya, Kandy escorted by a priest on 18 May 2007 as police accused him of being involved in a murder case. After being surrendered, he was produced before Magistrate’s court and remanded at the Bogambara prison. Since it was reported that there were attempts to poison him in the prison, he was transferred to Raja Veediya prison in Kandy later 2007.
According to the information received, in Raja Veediya prison, Wijesinghe, a prison officer, took him to a room and slapped and assaulted him on the pretext of questioning on November 17. In another occasion, when Premasiri returned from a court at around 3pm on 28 January 2008, the officer again called him and forced him to face to the wall of a room and assaulted him till he bled from his mouth and nose.
A non-governmental organization, the Kandy Human Rights Office, wrote to the prison commissioner regarding this incident on February 19 after being informed by Premasiri’s wife. However to date, no investigation has been conducted.
ADDITIONAL COMMENTS:
This case indicates how a prisoner can be easily targeted inside a prison. Due to the lack of regular complaint receiving mechanisms from prisoners regarding the alleged torture or ill treatment by prison officers, it has hardly been known to outside. Even though the prison regulation says that every prisoner can inform the alleged torture or ill treatment by written letter to the government authority, prison authority can also read the contents of the letter according to the same regulation.
There are also other methods to inform the alleged torture or ill treatment by prisoners such as to members of the Human Rights Commission or judges and lawyers when visiting. However it does depend on their visits to prisons, which it hardly happens. This is why most of cases like torture, ill treatment or death in prison are revealed much later than the incident occurred.
The AHRC has recently reported another custodial torture of 16-year-old in Hambanthota prison on January 24. (See further AHRC-UAC-030-2008). Recently, the Police Headquarters responded to the appeal saying that Senior Inspector General of Police (Range II) has been directed to get this inquired and submit a report by 10 March 2008, which was issued on February 28.
Even the case of custodial death is reported, Commissioner General of Prison, who is responsible for investigation, does not thoroughly conduct a thorough investigation. (See further UP-140-2006)
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to investigate the alleged torture and take immediate legal and disciplinary action against the alleged perpetrator.
Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an immediate intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Alleged torture of man by prison officer in Kandy
Name of victim: B.G.Premasiri, 40 years old, a father of three children, residing at Meekanuwa, Ampitiya; currently detained in Raja Veediya remand prison, Kandy
Name of alleged perpetrator: Wijesinghe, a prison officer from the Raja Veediya remand prison, Kandy
Date of incident: on 17 November 2007; at 3pm on 28 January 2008
I am writing to voice my deep concern regarding the alleged torture of B.G. Premasiri by a prison officer named Wijesinghe in Raja Veediya remand prison, Kandy in two occasions.
According to the information I have received, the prison officer slapped and assaulted him on November 17 and the officer further assaulted him till he bled from his mouth and nose when he came back from a court on January 28. It is reported that this incident was informed to the Prison Commissioner on February 19 for investigation but to date no investigation has been conducted.
There is no doubt to say that as far as a person is completely controlled by the government authority, whenever an abuse is reported, the government has responsibility to thoroughly investigate the allegation of torture, ill treatment or custodial death and prosecute those responsible. However the Police Commissioner has not fulfilled its responsibility even though this case is reported at about one and half month ago.
Prisoners can inform the abuse of their rights to the government authorities according to the prison regulation, but same regulation has also says that prison authority can read the contents of the letter written by prisoners.
I call upon you that immediate investigation into the alleged torture be conducted. This case must be dealt under the CAT Act No. 22 of 1994 so that the responsible can be prosecuted if found guilty. I also urge that the government has to ensure his integrity and security in the prison. The compensation must be given to the victim as well.
I take this opportunity to urge that proper mechanism to receive complaints from prisoners must be developed so that other government authority does not simply depend on the prisoner’s letter, which can be monitored by prison authority, but prisoners can have access to inform their being tortured and ill treated. In this regards, I urge that the government ratify the Optional Protocol to the Convention Against Torture.
I earnestly look forward to your prompt action into this matter.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTER TO:
1. Major General (Rtd) Vajira Wijegoonawardene
Commissioner General of Prisons
Department of Prisons
150, Baseline Road, Colombo 09
SRI LANKA
Tel: +94 11 2695204
Fax: +94 11 2695205
E-mail: prisons@sltnet.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net
3. Secretary
Human Rights Commission
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
4. 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 / +94 11 2446657
E-mail: secretary@presidentsoffice.lk
5. Secretary
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
SRI LANKA
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
