info@humanrights.asia

Advanced Search
Home / News / UPDATE (Sri Lanka): Murdered torture victim’s family demands speedy justice 

UPDATE (Sri Lanka): Murdered torture victim’s family demands speedy justice 

Urgent Appeal Update |Sri Lanka | March 27, 2006

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-059-2006
ISSUES: Administration of justice,

Dear friends,

In 2001, the Asian Human Rights Commission (AHRC) reported on the death of Mr. Lasantha Jagath Kumara, who after five days of illegal detention and brutal torture at the hands of the Payagala police, finally succumbed to his injuries on 20 June 2000.

After a long delay in investigations and a further delay by the Attorney General to give his advice regarding the case, a non-summary inquiry began towards the end of 2001 in the Magistrate’s Court of Kalutara. However, six years have now passed since Mr. Kumara’s death, and the non-summary inquiry has only just concluded with the Magistrate finding sufficient evidence to commit the case to the High Court.

Though the AHRC welcomes this news, we hold strong concerns for the degree of justice that can be served in this case given that the accused, Inspector of Police Wickremaratne, has absconded and may have in fact left the country. Owing to the undue and prolonged delay in the non-summary inquiry IP Wickremaratne has disappeared, along with his family, and therefore the case is being conducted in his absence. What this means for the final outcome of this case remains to be seen, but his absence raises many concerns should he be found guilty of the crimes he is alleged to have committed.

During the non-summary inquiry, the lawyer who represented the victim requested the court to obtain all medical reports pertaining to the deceased and accordingly the Magistrate made an order to obtain them. However, the prison authorities informed the court that the relevant medical reports had been misplaced. The state counsel informed the court that if the concerned doctor accepted the contents of the photocopies of the said report, the problem of the missing documents could be temporarily solved. The state counsel also promised that investigations would continue despite the non-summary inquiry being completed.

Earlier in the fundamental rights case filed before the Supreme Court, the court found in favour of the Petitioner (the deceased’s wife) and in a landmark judgment ordered that the Petitioner be paid the sum of nearly Rs. 800,000 as compensation.

Currently two civil cases have also been filed against the police and the medical practitioner who it is alleged submitted a false medical report regarding the deceased. The incident was also report to the Medical Council who verbally disciplined the said doctor.

The victim’s family urged the Attorney General not to delay for another six years but to file an indictment in the High Court and take all possible steps to ensure justice is done in the shortest possible time. The family further notes that one witness has already died and the accused has absconded due to the unreasonably long delay in the case. They therefore insist that the High Court trial be commenced so that even a semblance of justice may be done for all the suffering they have endured over the past six years.

SUGGESTED ACTION:
Please write to the Attorney General and other relevant authorities calling for a speedy trial in the case of murdered torture victim, Lasantha Jagath Kumara.

 

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

SAMPLE LETTER

Dear Mr. Kamalasabesan,

SRI LANKA: Murdered torture victim’s family demands speedy justice

Name of victim/deceased: Lasantha Jagath Kumara, 23 at the time he was killed, married with one child; occupation: ex-soldier; address: Weragala, Payagala
Name of alleged perpetrators: Policemen attached to the Payagala police station
Date of incident: 12 June 2000

I write to you regarding murdered torture victim Mr. Lasantha Jagath Kumara. As you will no doubt be aware, after a long delay in investigations and a further delay by the Attorney General’s department to give advice, a non-summary inquiry began towards the end of 2001 in the Magistrate’s Court of Kalutara regarding this case. Now, almost six years after Mr. Kumara’s death, the non-summary inquiry has finally concluded with the Magistrate finding sufficient evidence to commit the case to the High Court.

While I welcome this news very much, I call on you in your capacity as the Attorney General to ensure that a speedy trial is conducted in this case. Already, the family of the deceased has waited six years to seek justice for the crimes committed against Mr. Kumara and the terrible loss they have faced; they should not have to wait any longer. Therefore, I request that you please ensure that this case goes to trial in the High Court without delay and that justice is reached for all involved.

I am aware that the accused in this case, Inspector of Police Wickremaratne has gone missing and may have in fact fled the country in an attempt to escape the crimes he is alleged to have committed. If full justice is to be achieved in this case, then IP Wickremaratne’s whereabouts must be established and he must be made to face the court and answer to the allegations made against him. If he and the other alleged perpetrators are found guilty of the crimes laid against them, then the provisions of the Crimes Against Torture Act, No. 22 of 1994 must be observed.

I trust that your intervention will be forthcoming.

Yours sincerely,

-----------------------

PLEASE SEND YOUR LETTERS TO:

Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421

PLEASE SEND COPIES TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Dr. Radhika Coomaraswamy
Chairperson 
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 

3. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

4. 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

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

7. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Atten: Lydie Ventre 
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

 
 
Document Type : Urgent Appeal Update
Document ID : UP-059-2006
Countries : Sri Lanka,
Issues : Administration of justice,

News Filter

News

Get Involved

Journals & Magazines

Contact Information

Asian Human Rights Commission
G/F, 52 Princess Margaret Road
Ho Man Tin, Kowloon
Hong Kong
Tel: +(852) 2698 6339
Fax: +(852) 2698 6367

Copyright 2024 © Asian Human Rights Commission. All rights are reserved. Powered by Intersmart