UA-18-2001: The case of H. B. Sriyawathie – Torture of a Pregnant Woman
SRI LANKA: Torture of a Pregnant Woman by police
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The Supreme Court of Sri Lanka decided on May 29, 2001, that the fundamental rights of H. B. Sriyawathie have been violated by the Mirihana police. She had been illegally arrested, wrongfully detained and tortured while she was in police custody. She was pregnant at the time of her arrest. The court upheld her application and ordered that 150,000 rupees (about US$2,000) be paid to her as compensation.
Torture, cruel and inhuman are treatment are offences in Sri Lanka that are punishable by a minimum sentence of seven years. It is surprising that the police officers who have committed these crimes have not yet been arrested or brought before a court. Under Act No. 22 of 1994, which has incorporated the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment into Sri Lankan law, the treatment of Ms. Sriyawathie constitutes a serious crime. Under international law, such acts fall under jus cogens. The failure to prosecute this case is a violation of the rights of H. B. Sriyawathie to be treated as an equal before the law.
It is sad that the Sri Lankan police force has acquired a very low reputation in Sri Lanka and abroad. One of the very serious reasons for this is the failure to prosecute these cases. We thus urge you to take legal action in this case as required under Act No. 22 of 1994 to render justice to the victim and as a step toward restoring the reputation of the Sri Lankan police.
SUGGESTED ACTION
Please write letter to the Attorney General of Sri Lanka and send copies to the chairperson of the Human Rights Commission of Srl Lanka and Special Rapporteur of the Commission on Human Rights on the question of torture.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney Generals Department
Colombo
Sri Lanka
Dear Attorney General,
RE: The case of H. B. Sriyawathie Torture of a Pregnant Woman
(decided by the Supreme Court of Sri Lanka)
The Need for Prosecution under Act No. 22 of 1994
The Supreme Court of Sri Lanka decided on May 29, 2001, that the fundamental rights of H. B. Sriyawathie have been violated by the Mirihana police. She had been illegally arrested, wrongfully detained and tortured while she was in police custody. She was pregnant at the time of her arrest. The court upheld her application and ordered that 150,000 rupees (about US$2,000) be paid to her as compensation.
Torture, cruel and inhuman are treatment are offences in Sri Lanka that are punishable by a minimum sentence of seven years. It is surprising that the police officers who have committed these crimes have not yet been arrested or brought before a court. Under Act No. 22 of 1994, which has incorporated the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment into Sri Lankan law, the treatment of Ms. Sriyawathie constitutes a serious crime. Under international law, such acts fall under jus cogens. The failure to prosecute this case is a violation of the rights of H. B. Sriyawathie to be treated as an equal before the law.
It is sad that the Sri Lankan police force has acquired a very low reputation in Sri Lanka and abroad. One of the very serious reasons for this is the failure to prosecute these cases. We thus urge you to take legal action in this case as required under Act No. 22 of 1994 to render justice to the victim and as a step toward restoring the reputation of the Sri Lankan police.
Yours sincerely,
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SEND LETTERS TO:
Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney Generals Department
Colombo 12
SRI LANKA
FAX: +(941) 436 421
SALUTATION: Dear Attorney General
SEND COPIES OF YOUR LETTER TO:
Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N. W. Perera Mawatha
Borella, Colombo 8
SRL LANKA
FAX: +941 694 924
SALUTATION: Dear Mr. Musthapa
Sir Nigel Rodley
Special Rapporteur of the Commission on Human Rights on the question of torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Fax: +41 22 917-9016
EMAIL: webadmin.hchr@unog.ch
Please mark URGENT ATTENTION: SIR NIGEL RODLEY
