Dear _____________,
SRI LANKA: Continued harassment of torture victims by the Embilipitiya police
Names of victims: Walakadage Gamini Senadeera, 31, and his wife Kodituwakku Liyanaarachchige Ganga, Kalyani, 31, Address: Millagahahena, Bakery Road, Pallegama, Omalpe.
Names of alleged perpetrators: Police Constable (Reg No 27) Somadasa, Police Driver No 21841, Bandu Silva and four others of the Embilipitiya Police Station.
Date of incident: 21 April 2005
I write to voice my concern at the inquiry being conducted into an incident in 2005 when PC Somadasa of the Embilipitiya police is alleged to have brutally assaulted Mr. Senadheera and his wife, Kodituwakku Liyanaarachchige Ganga, who was pregnant at the time, resulting in the woman giving birth to a stillborn baby.
Following a complaint being lodged with the relevant authorities, including the Human Rights Commission, the National Police Commission, the Inspector General of Police and the Attorney General, the victims were asked to present themselves before an internal departmental inquiry against the perpetrator on 8 May 2006.
However, the ASP was not present at the inquiry. Instead Mr. Senadheera says three policemen, the perpetrator Somadasa and his defending officer was present. He also complained that though he was requested to arrive at 9am the inquiry proceedings only began one hour later. A policeman then proceeded to record his statement and obtain his signature but he was not afforded an opportunity to peruse the contents of the statement so recorded. Another policeman then scolded Mr. Senadheera for complaining about the incident to the Human Rights Commission. The defending officer asked him numerous awkward questions at the end of which he proclaimed in an intimidating manner, dont worry Somadasa. The case will be thrown out. He also says the policeman threatened and shouted at him. The police had also mentioned about what happened to his wife in a degrading and demeaning manner.
Mr. Senadheera is extremely disappointed about the response he received from the police hierarchy to the trauma caused to his family. Thus, on 17 May 2006 Mr. Senadheera informed the ASP-Embilipitiya in writing that (i) though he was summoned for a disciplinary inquiry against the perpetrator, in reality it seemed that the policemen present were using the opportunity to intimidate and insult him and (ii) that he had no faith in the said departmental inquiry.
He nonetheless requested the ASP to take immediate disciplinary and legal action against the perpetrator Somadasa (who is still serving at the Embilipitiya police) and to ensure that justice is served for the gruesome torture and irreparable loss caused to him and his wife.
In solidarity with the victims, I too ask that legal action be taken against the perpetrator and that justice be sought in this case. I understand for this to be achieved, the inquiry currently being conducted should be to establish what happened in the original incident, not to threaten and intimidate the victims in the hope that they will withdraw the case. As this is not the case, I ask that a proper and independent inquiry be launched into this matter, and that the current inquiry by the ASP-Embilipitiya be stopped. I also ask that PC Somadasa be stood down from his duties while the investigation and subsequent trial are underway.
More than a year has now passed since the incident took place and yet effectively no progress has been made in bringing the perpetrator to justice for his crimes. I therefore ask that your intervention be forthcoming so that no further delays occur and so that justice is attained for all.
Yours sincerely
_______________________
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. 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 Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
