UPDATE (Sri Lanka): Supreme Court granted leave to proceed in a brutal torture case filed by Chamara Nimantha 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the torture case of Chamara Nimantha who was brutally tortured and had fabricated charges laid against him by the police officers of the Poddala Police in Galle district on 1 August 2005 (See further: UA-182-2005). According to the information we have received, on 16 February 2006, the Supreme Court of Sri Lanka granted leave to proceed in a fundamental rights application filed by Chamara Nimantha. The AHRC welcomes this decision by the Supreme Court which we hope brings Chamara Nimantha one step closer to attaining justice.

On 1 August 2005, a brutal, inhuman and humiliating torture was committed against Chamara Nimantha. Mr. Nimantha was tied, stripped, severely assaulted, hung from the ceiling with a rope and had high-pressured water sprayed into his face at the Poddala police station. Following this Mr Nimantha was detained on the fabricated charge of theft and taken to the Additional Magistrate Court in Galle. Upon release, Mr. Nimantha was taken to the Karapitiya Hospital where he was hospitalised for three days. He continues to suffer from pain as a result of the torture he endured.

Subsequently, and in accordance with the provisions of the Sri Lankan Constitution, Mr. Nimantha wrote to the Chief Justice regarding his brutal torture. The Supreme Court forwarded his petition to the Legal Aid Foundation of the Bar Association (BASL) and Attorney at Law Piyadasa was appointed to appear for Mr. Nimantha in a fundamental rights petition before the Supreme Court.

However, as soon it became apparent that Mr. Nimantha was not being afforded efficient service from the Legal Aid Foundation, he received permission from the Supreme Court to privately retain another lawyer. Thereafter, Mr. Nimantha approached Janasansadaya where with a help of the Asian Human Rights Commission, he retained the services of lawyers, Viran Corea and Sharmain Gunaratne to appear before the Supreme Court on his behalf.

Finally, on 16 February 2006, the Supreme Court of Sri Lanka granted leave to proceed in a fundamental rights application for Mr Nimantha, after hearing the horrendous details of the case. The bench was comprised of Acting Chief Justice, Nihal Jayasinghe and two other judges. The court was fixed for inquiry on 4 June 2006.

While the AHRC welcomes this news, we hold grave concerns for the safety and well-being of Mr Nimantha. In Sri Lanka it is common that victims receive severe threats and intimidation following their complaints to the courts. The situation is always worse when the police officers are involved in those cases. The AHRC has previously reported other similar cases of the intimidation against victims who lodged complaints against their perpetrators (Refer to: UP-027-2006, UP-023-2006,and UP-037-2006).

SUGGESTED ACTION:

Please write letters to the concerned authorities listed below and urge them to investigate into Chamara Nimantha’s case based on the Supreme Court’s decision to take proper action, in particular for the Attorney General to prosecute the alleged perpetrators as soon as possible. Please also ask them to suspend the concerned officers for the security of the victim while the investigation and High Court trial are going on. The victim’s safety should be of the highest priority and protection should be afforded to him if requested. To bring justice to this case, the High Court trial should proceed without delay.

Please also urge the Sri Lankan government to take immediate steps to appoint commissioners to the National Police Commission, which was given power of disciplinary control over the police by way of the 17th Amendment to the Sri Lankan Constitution. Otherwise, crime and corruption will continue to increase, constituting a national menace and threat to people’s security in a country where ordinary citizens continue to suffer from torture and ill-treatment committed by the police.

 

 

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