Dear __________,
SRI LANKA: Torture victim threatened to withdraw his complaint by the Mundalama police
Name of victim: A.P. Jayaweera Sandanayake, 42-years-old; occupation: private bus driver; adderess: Pubudugama, Madurankuliya
Name of alleged perpetrators: Policemen attached to the Mundalama police station
Date of incident: 14 December 2003
I am writing to you regarding the threats made against torture victim, A.P. Jayaweera Sandanayake to withdraw his complaint by the Mundalama police
According to the information I have received on 14 December 2003, Mr. Sandanayake was subjected to brutal torture by the Mundalama police with the Judicial Medical Officers (JMO) report noting 25 injuries to his body. The victim complained to the Chief Justice in writing about his violated fundamental rights and the complaint was referred to the Bar Association of Sri Lanka (BASL) legal aid foundation. A FR Case No SC (Special) 33/04 was filed in the Supreme Court. However, Mr. Sandanayake continued to be dissatisfied with the services offered by the BASL legal aid foundation and on several occasions complained in writing about the unethical and negligent behaviour of the lawyer assigned to his case. After both the AHRC and Janasansadaya took up these complaints he was afforded another lawyer by the foundation.
Thereafter, the Supreme Court granted leave to proceed in this case. The Special Investigation Unit (SIU) of the police also began to investigate into this incident and after the Human Rights Commission (HRC) investigated and inquired into the case (No. 7850/03/I (ii)), it recommended that the complainant be paid Rs. 18,500 as compensation.
Later Mr. Sandanayake complained that the police were constantly pressuring him to withdraw his complaint and the case against them. He said they were victimising him by repeatedly charging him with traffic offences and other infringements, which required him to attend court. Finally unable to withstand this pressure anymore, the victim withdrew from the case.
Thus, on 31 March 2006, before the Supreme Court was called, the lawyer for the petitioner informed the court that the petitioner (Mr. Sandanayake) had reached an out of court settlement with the respondents (the police). Accordingly the case was dismissed. It had also been mentioned that the police paid the victim Rs. 50,000 in exchange for withdrawing his fundamental rights application. Moreover, coming out of court the victim told a human rights activist that the BASL legal aid lawyer had demanded Rs. 10,000.
Therefore, I ask that you condemn the actions of the alleged perpetrators, and call for the alleged perpetrators to be prosecuted as soon as possible. As public officers such conduct should be subjected to the provisions of the Convention Against Torture Act No 22 of 1994 which states a minimum seven years sentence for torture conviction. Also, the concerned officers should be suspended or transferred from their work while the investigation is going on. The victims safety should be a priority and protection must be offered if requested. Also an investigation should establish why the lawyer from the BASL conducted negligent work and then requested money for this service. The victims fundamental rights case should be once again taken up in the Supreme Court.
I trust your intervention will be forthcoming in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. 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
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. 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
6. 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
7. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045
8. 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
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
