Dear _____________,
SRI LANKA: Failure by the police and other authorities to investigate the brutal assault of an elderly man
Name of victim: Mr. K Victor Fernando, 76-years-old; address: Wekada Panadura
Name of alleged perpetrator: Police Constable Ratwatte of the Panadura South police station
Place of incident: Panadura South police station
Date of incident: 13 February 2005
I am writing to you with deep concern regarding the delay in launching an investigation into a complaint lodged by 76-year-old Mr. K Victor Fernando. The victim was brutally assaulted by Police Constable Ratwatte of the Panadura South police station on 13 February 2005.
According to the information I have received, on 13 February 2005, Mr. Fernando visited the Panadura South police station to complain against the harassment meted out to him by his neighbours, Monika and her children. He was accompanied by his daughter and her husband. When they arrived at the police station PC Ratwatte, who was recording Monikas statement, shouted at him, get out, get out. However, before Mr. Fernando could do so, PC Ratwatte brutally shoved, slapped, kicked and hit him. Though Mr. Fernando attempted to lodge a complaint regarding the incident he was prevented from doing so.
On the same day (February 13), Mr. Fernando was admitted to the Nagoda hospital for three days as a result of the brutal assault. At the hospital Mr. Fernando complained about the assault to the doctors, hospital police as well as the Judicial Medical Officer (JMO). A few days later a Police Constable from the Panadura South police station also recorded his statement.
About a month later, the Assistant Superintendent of Police (ASP) summoned Mr. Fernando. However, when Mr. Fernando went to meet the ASP, the latter voiced his disbelief of the incident saying: If you had been assaulted, you would have fallen down dead. Later Mr. Fernando also complained in writing to the Human Rights Commission, the National Police Commission, the Inspector General Police, the Attorney General and the Deputy Inspector General.
Despite these complaints having been lodged and that a year has now passed since the incident took place, the police have failed to investigate the victims complaint, charge the perpetrators in court or even institute a disciplinary inquiry into the matter. Only the National Human Rights Commission is conducting an inquiry into this case. Such inaction by the police and other relevant authorities is entirely unacceptable and should be rectified without delay.
I therefore am calling on you to ensure that an investigation is launched immediately into this matter and that charges are accordingly laid. All concerned officers should be suspended from their duty during this time and protection should be afforded to the victim. If the alleged perpetrator is found to have committed this offence then full legal action must be taken against him. I also request that you ensure adequate compensation to the victim.
Finally, a review should be lodged into why this and so many other cases in Sri Lanka have been ignored despite all the relevant authorities in the country being aware of them.
I trust your intervention will be forthcoming in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
2. Mr. Chandra Fernando.
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk
4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk
5. 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 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
6. 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)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
