SRI LANKA: Male Prisoner needing urgent medical treatment for heart ailment severely tortured by Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UAC-UAC-006-2019
ISSUES: Police negligence, Police reform, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Human Rights Office Kandy that Sri Rangaraja Sudan (29) of No: 34/57, Wilfradpura, Hatton, was kidnapped by a group when he was 19 years old. While he was under the control of this group, they forcibly used him for various types of illegal activities. Even though Sudan’s mother tried to find her son, she was unsuccessful. Finally Sudan was found by his mother, in the custody of Norwood (Hatton) Police.

CASE NARRATIVE:

Sri Rangaraja Sudan was arrested by Norwood Police on suspicion of illegal possession of cocaine and charged under the Poison, Opium, and Dangerous Drugs Ordinance on 16 July 2016. He is currently in Bogambara remand prison suffering from severe heart disease as a result of a hole in the heart. According to the medical reports, his condition is becoming more severe day-by-day. Because of his heart condition he requires immediate surgery to avoid heart failure.

To add to the situation since 2017, according to medical reports, the doctor recommended several tests to be done before his surgery. He has had no opportunity to get the tests or treatment done, because the prison officers have not brought him for treatment. As a result, his health condition is rated as severe. On the other hand, according to medical reports, there are no specialists or sufficient facilities in the prison hospital for any surgery. Conditions in the prison have increased his mental stress. His diabetes causes day-to-day risk to his life. Therefore, immediate surgery is required to save his life.

The 2nd and 3rd defendants in this case have obtained bail (respectively within 3 months and 9 months). However, Sudan has been imprisoned for more than three years since 16 July 2016. He continues to suffer with a severe heart condition without proper medical treatment. The main suspect in this case has left the country with no steps taken by the Police to arrest him. Human Rights Office Kandy made bail application on behalf of Sudan based on the above circumstances. But, bail application still remains in process in the Courts without due consideration of Sudan’s dangerous and risky health condition to date.

On 17 May 2019, one of the lawyers of the Human Rights Office Kandy visited the Bogambara Prison at 1:30 pm to observe first hand Sudan’s health condition. However, the Prison Officers delayed the Lawyer from entering the prison or talking with Sudan until 2.30 pm. Even though, the Lawyer started to talk with Sudan in Tamil, the Prison Officers had seemingly not given permission by saying; there is no translator to translate the conversation.

Then, the Lawyer spoke with Sudan in Sinhala and asked “Do you have any issues in this prison?” Sudan stated that he was severely assaulted by the prison officers that morning. When the Lawyer asked the reasons for the assault, Sudan stated that “one of the prisoners who brought tobacco into the prison accused him that the tobacco was brought in with instructions from Sudan”. As result of this, Sudan was severely tortured by the Prison Officers. According to the Lawyer, as the result of such severe torture, Sudan cannot sit on a chair and suffers from severe back pain with wounds and bruises over his entire body. The Lawyer then asked him whether he was brought to the hospital by the Prison Officers to get treatment for his wounds. He said “no”. Further, according to Sudan, after this incident he was not given any prison food and continuously feels hungry.

On 19 May 2019, Sudan was brought to the Kandy Magistrate Court but not given bail and the case postponed to 24 June 2019.

Sudan was presented to the Judicial Medical officer on 22 May 2019.

The AHRC is certain that Sudan was severely tortured, deprived of justice and needs urgent intervention. The AHRC demands immediate medical treatment for Sudan. Bail must be provided so he can get better and immediate treatment in order for him to survive.

SUGGESTED ACTION:

The AHRC calls for a quick investigation into Police torture with urgent medical treatment for his heart ailment made available. The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

NEPAL: Male Prisoner needing urgent medical treatment for heart ailment is severely tortured by Police

Name of victims: Sri Rangaraja Sudan (29), resident of No: 34/57, Wilfradpura, Hatton

Name of alleged perpetrators: Police Officers attached with the Norwood (Hatton) Police

Date of incident: 16 July 2016 to the present

Place of incident: Norwood (Hatton) Police, Kandy, Sri Lanka

I am writing to voice my deep concern regarding Sri Rangaraja Sudan who was arrested by Norwood Police on suspicion of illegal possession of cocaine and charged under the Poison, Opium, and Dangerous Drugs Ordinance on 16 July 2016. He is currently in Bogambara remand prison suffering from severe heart disease as a result of a hole in the heart. According to the medical reports, his condition is becoming more severe day-by-day. Because of his heart condition he requires immediate surgery to avoid heart failure.

To add to the situation since 2017, according to medical reports, the doctor recommended several tests to be done before his surgery. He has had no opportunity to get the tests or treatment done, because the prison officers have not brought him for treatment. As a result, his health condition is rated as severe. On the other hand, according to medical reports, there are no specialists or sufficient facilities in the prison hospital for any surgery. Conditions in the prison have increased his mental stress. His diabetes causes day-to-day risk to his life. Therefore, immediate surgery is required to save his life.

The 2nd and 3rd defendants in this case have obtained bail (respectively within 3 months and 9 months). However, Sudan has been imprisoned for more than three years since 16 July 2016. He continues to suffer with a severe heart condition without proper medical treatment. The main suspect in this case has left the country with no steps taken by the Police to arrest him. Human Rights Office Kandy made bail application on behalf of Sudan based on the above circumstances. But, bail application still remains in process in the Courts without due consideration of Sudan’s dangerous and risky health condition to date.

On 17 May 2019, one of the lawyers of the Human Rights Office Kandy visited the Bogambara Prison at 1:30 pm to observe first hand Sudan’s health condition. However, the Prison Officers delayed the Lawyer from entering the prison or talking with Sudan until 2.30 pm. Even though, the Lawyer started to talk with Sudan in Tamil, the Prison Officers had seemingly not given permission by saying; there is no translator to translate the conversation.

Then, the Lawyer spoke with Sudan in Sinhala and asked “Do you have any issues in this prison?” Sudan stated that he was severely assaulted by the prison officers that morning. When the Lawyer asked the reasons for the assault, Sudan stated that “one of the prisoners who brought tobacco into the prison accused him that the tobacco was brought in with instructions from Sudan”. As result of this, Sudan was severely tortured by the Prison Officers. According to the Lawyer, as the result of such severe torture, Sudan cannot sit on a chair and suffers from severe back pain with wounds and bruises over his entire body. The Lawyer then asked him whether he was brought to the hospital by the Prison Officers to get treatment for his wounds. He said “no”. Further, according to Sudan, after this incident he was not given any prison food and continuously feels hungry.

On 19 May 2019, Sudan was brought to the Kandy Magistrate Court but not given bail and the case postponed to 24 June 2019.

Sudan was presented to the Judicial Medical officer on 22 May 2019.

I have credible information that Sudan was severely tortured, deprived of justice and needs urgent intervention. The AHRC demands immediate medical treatment for Sudan. Bail must be provided so he can get better and immediate treatment in order for him to survive.

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
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: npcgen@sltnet.lk or polcom@sltnet.lk

4. 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

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : UAC-UAC-006-2019
Countries : Sri Lanka,
Issues : Police negligence, Police reform, Torture,