Dear friends,
The Asian Human Rights Commission (AHRC) has received update information regarding the alleged brutal assault of Mr. Dhanawardena by inmates and trainees of the police training college in Ketapola on 27 March 2006 (please see UA-121-2006and UP-110-2006 for more details about the case). The fundamental rights case before the Supreme Court regarding the torture case of Mr. Dhanawardena was concluded on 5 April 2007 and the Court ordered that the victim be paid compensation for the violation of his fundamental rights.
According to information received, the fundamental rights case (SC/FR/149/06) filed on behalf of the petitioner, Mr. Dhanawardena was concluded on 5 April 2007. In its order the Supreme Court held that the fundamental rights of Mr. Dhanawardena had been violated and that he was entitled to compensation of Rs. 25,000 (USD 226) for the injuries he received from the torture. The case was supported before the Supreme Court on18 May 2006 and leave to proceed with the case was obtain on the same date.
According to the information, all the respondents named in the petition to court, including the Officer in Charge of the police training college at Ketapola were found to have violated the Petitioners’ fundamental rights. In addition, a case has also been filed under the Penal Code against the 6 inmates who assaulted the victim in the training collage at Ketapola, before the Elpitiya Magistrate’s Court (Case No 375726). The case is currently being heard before the said court.
Although the AHRC welcomes the conclusion of the case before the Supreme Court, we are concerned about the petty amount of compensation awarded to the victim. We consider that Rs. 25,000 is not commensurate with the enormity of suffering, both physical and mental, undergone by the torture victim due to the brutal actions of the alleged perpetrator; neither does it reflect the gravity and heinousness of the acts of torture. Thus it is our opinion that the victim is entitled to receive a sufficient amount of compensation.
Therefore, the AHRC demands that the prosecution of the alleged perpetrators of this case before the Magistrate’s Court be speedily heard and concluded and that the accused be brought to justice as soon as possible. This is considering the fact that the alleged perpetrators have already been found by the Supreme Court to be responsible for breaching the fundamental rights of the victim.
We therefore urge the Sri Lankan authorities to take all necessary action to speed up the criminal case against the alleged perpetrators who assaulted the victim at the training college. Also we urge the Sri Lankan authorities to adequately compensate this unfortunate victim of torture, considering the negligible amount of compensation awarded by the Supreme Court.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to speed up the criminal prosecution against the alleged perpetrators without further delay. Please also urge them to give the victim and their family appropriate compensation which is higher than court designated amount.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________
SRI LANKA: Compensation granted to the torture victim by the Supreme Court while criminal prosecution against perpetrators delayed
Name of the victim: ODK Kithsiri Dhanawardena, 32 year-old, not married, three wheel cab driver
Alleged perpetrators:
1. Trainers and trainees attached to the Ketapola police training college
2. Inmates detained in the Ketapola police training college at the time of the incident
Date of incident: 27 March 2006
I am writing to you today to show my deepest concern about the alleged brutal assault against Mr. Dhanawardena by inmates and trainees in the Ketapola police training college on 27 March 2006.
According to the information I have received, the Supreme Court concluded a case of the assault of Mr. Dhanawardena on 5 April 2007 (case number SC/FR/149/06). The court concluded that the victim’s fundamental rights have been breached and the victim is entitled to be warded compensation of amount of Rs. 25,000 (USD 226) for the damage that the victim received.
I was further informed that all the respondents including the Officer in Charge of the police training college at Ketapola were found to be responsible in violation of the Petitioners’ fundamental rights. In addition, the case against 6 inmates who assaulted the victim in the training collage at Ketapola has also been filed under the Penal Code at the Elpitiya Magitrate’s court (case number 375726). The case has been under the process to be heard before the court.
I welcomed the fact that the Supreme Court admitted that the victim is entitled to receive financial compensation for the damage he received, and it also held the incident as the breach of the victim’s fundamental rights. I further welcome the court decision that held the all alleged perpetrators accountable to the breach of the victim’s fundamental rights. However, to my regret, the criminal procedures of all those perpetrators are not being held and it is still being under the process to be brought before the court.
I was further informed that the amount of compensation awarded to the victim is not sufficient enough and it does not reflect the gravity of the sufferings that the torture victim had been inflicted from the brutal actions of the alleged perpetrators. I believe that the victim is entitled to receive sufficient amount of compensation which is more than Rs. 25,000.
I therefore urge the authorities of Sri Lanka to speed up the criminal prosecution against the all alleged perpetrators including the Officer in Charge of the police training college at Ketapola and bring them before justice immediately. I also urge the Sri Lankan authorities to offer sufficient amount of compensation which is more than Rs. 25,000.
I look forward to your immediate and sincere action to this case.
Yours truly,
———————-
PLEASE SEND YOUR LETTER TO:
1. Mr. Mahinda Rajapaksa
Minister
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
SRI LANKA
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk
2. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
4. 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
5. 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)
