Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information about the alleged unnecessary amputation of Ms. Citthi Naseeras leg by a surgeon at the Negombo General Hospital on 1 March 2005. The AHRC reported the original incident and posted several updates on this case. Please refer UA-67-2005; UP-51-2005; UP-56-2005 for background information. We were informed that a magisterial inquiry was initiated following her complaint to the Negombo police and that the case was forwarded to the Attorney General’s department for further action. We request you to write to the Attorney General demanding immediate action to institute prosecution against the alleged perpetrators. Please also urge the Sri Lankan authorities to award adequate compensation to the victim.
CASE UPDATES:
The AHRC has previously reported that the victim, Ms. Citthi Naseera from Negombo had her leg amputated her leg at the Negombo General Hospital where she went in order to receive minor medical treatment for an injury to her foot on 1 March 2005. Her leg was amputated without her consent or that of her family members allegedly due to mistaken identity.
She lodged a complaint to the Negombo District Court and sued the medical staff of the Negombo General Hospital for medical negligence, demanding Rs. 10 million in compensation for the loss of her leg and damages by negligent and unjustifiable medical action.
She also lodged a complaint to the authorities including the Ministry of Healthcare, Nutrition and Uva Wellassa Development, the Inspector General of Police and the Human Rights Commission of Sri Lanka, explaining the circumstances of the matter.
Following the incident, the Ministry of Healthcare appointed an inquiry committee comprised of three members. Moreover, a magisterial inquiry was also initiated following her complaint to the Negombo police. Subsequently, the case was forwarded to the Attorney General’s Department for his advice.
The AHRC strongly urges the Attorney General to initiate immediate prosecutory action against the alleged perpetrators and ensure that speedy and fair trial takes place relating in this case. Delivery of justice should not be further delayed as two years have already passed since the incident. We also demand the Sri Lankan authorities to ensure that assistance and adequate compensation are given to the victim, who has been suffering a gross injustice, loss and disability.
SUGGESTED ACTION:
Please immediately write to the Attorney General demanding his prosecutory action against the alleged perpetrators without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorneygen@mail.ewisl.net
Dear Mr. De Silva,
SRI LANKA: Attorney General should prosecute alleged perpetrators in Citthi Naseera’s case
Name of the victim: Ms. Citthi Naseera, aged 48 at the time of the incident
Place of the violation: Negombo General Hospital, Negombo Division, Sri Lanka
Date of the incident: 1 March 2005
I am writing this to you with a huge disappointment about the long delay of two years.
I am distressed to learn that no prosecutory action has yet been taken against the alleged perpetrators in Ms. Citthi Naseera’s case, although two years have passed since the victim’s leg was amputated at the Negombo General Hospital due to the gross negligence of the doctors on 1 March 2005. Her leg was allegedly amputated due to mistaken identity and it is revealed that the surgeon did not received any consent from her and none of her family members before surgery.
After the incident, the victim had lodged the complaints to the various government authorities including the Negombo District Court as well as the Ministry of Healthcare. I am informed that the Ministry of Healthcare appointed an inquiry committee for the case but no result of the inquiry has been reported so far.
I am also informed that a magisterial inquiry was conducted following her complaint lodged to the police and subsequently the case was forwarded to your Department for advice.
I am disappointed by the fact that there has not been provided any effective legal remedies to the victim so far, while the victim is suffering from a gross loss and disability since the incident. Despite the few actions taken by the authorities for the inquiry of the case, no legal remedies and compensations have been provided for the victim.
I therefore strongly urge you to immediately initiate the prosecution against the alleged perpetrators and bring them to justice without further delay. I also request you together with other relevant government authorities to provide all necessary assistance for the victim and ensure that the victim is awarded adequate compensation without further delay.
I look forward your immediate and sincere action to this important matter.
Yours truly,
———————-
PLEASE SEND A COPY OF YOUR LETTER TO:
1. Mr. Nimal Siripala de Silva, MP
Minister of Healthcare, Nutrition and Uva Wellassa Development
“Suwasiripaya”, No.385,
Rev. Baddegama Wimalawansa Thero Mawatha,
Colombo 10
SRI LANKA
Tel & Fax: +94 11 2 662982/ 694132/ 694227
E-mail: Minister@health.gov.Ik
2. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Secretary
Human Rights Commission of Sri Lanka
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 Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
