UPDATE (Sri Lanka): The torture victim acquires tuberculosis by the direct action of the police 

Dear friends

The Asian Human Rights Commission has just know learned that Mr. K.P.Tissa Kumara, who was severely tortured by the Sub Inspector (S.I.) Silva of the Wellipenna Police Station on 3 February 2004, has been diagnosed by doctors as suffering from tuberculosis. In our previous urgent appeal issued on 13 February 2004, we reported that S.I. Silva had forced a tuberculosis patient to spit into the victim’s mouth. It was reported that S.I. Silva allegedly said to the victim that he would die within two months of the same disease. (Refer to: UA- 18-2004: Severely injured torture victim need urgent medical treatment)

On 29 April 2004, the victim was taken to the Nagoda General Hospital, as he was sick with severe cough and blood in his saliva. The medical officer had diagnosed that he is suffering from tuberculosis. He is being held in Kalutatra Remand Prison on fabricated charge of possessing a bomb. We request your urgent solidarity. Please send a letter to the Sri Lankan authorities and request them release the victim from the Kalutatra Remand Prison and give him an immediate and adequate medical attention on urgent basis. Please also request the Sri Lankan government to conduct a special inquiry into this case and bring the perpetrator to justice. We attach AHRC open letter to the chairman of the National Police Commission (NPC) of Sri Lanka that was sent to NPC by Basil Fernando, AHRC executive director, today.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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30 April 2004

Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA

AHRC open letter to the chairman of the National Police Commission (NPC)

Dear Mr. Abeysuriya,

Re: Victim Acquires Tuberculosis by the Direct Action of the Police – The case of Koralaliyanage Palitha Tissa Kumara

I bring to your notice the letter written to you by the AHRC dated 13 February 2004 regarding this case. The AHRC has just now learned that Mr. K.P.Tissa Kumara about whom and Urgent Appeal was made by the AHRC on 13 February 2004 (UA-18-2004) has been diagnosed by doctors as suffering from tuberculosis. In our Urgent Appeal we reported that S.I. Silva of the Wellipenna Police had got a tuberculosis patient to spit into his mouth. On 29 April 2004, he was taken to Nagoda General Hospital, as he was sick with severe cough and blood in his saliva. The medical officer had diagnosed that he is suffering from tuberculosis.

The AHRC wishes to record its utter dissatisfaction into the manner in which your Commission has dealt with the numerous cases of torture we have brought to your notice. Had you taken a sufficiently serious approach to the issue of torture incidents such as the one suffered by Koralaliyanage Palitha Tissa Kumara could have been prevented. In this particular case we made our complaint to your Commission on 13 February 2004. We further reported this case in a special report entitled ‘Endemic torture and the collapse of policing in Sri Lanka’ at page 57-60 in our publication Article 2 which was published in March and shared a copy with your Commission. Despite such complaints made by us and others this despicable police officer, one S.I. Silva who did this most cruel act, is still on active duty as a police officer. Neither your Commission nor anybody else seems to care or have the courage and leadership to rid the police service of this sort of extreme cruelty and inhumanity. We are compelled to state your Commission has failed the expectations of the human rights community. Even at this late stage we urge you not to abdicate the constitutional and the moral responsibilities that have been place on your Commission.

We further urge you to take the following action, that:

a. Mr. K.P. Tissa Kumara be given immediate and adequate medical attention on an urgent basis.

b. That he be released from Kalutatra Remand Prison where he is being held on fabricated charges after being subjected to severe torture and cruel and inhuman treatment.

c. That your Commission holds a Special Inquiry into this case and brings the perpetrator to justice forthwith.

Thank you.

Yours sincerely,

Basil Fernando
Executive Director
Asian Human Rights Commission (AHRC)

BRIEF REMINDER:

Mr. Tissa Kumara is a well-known and competent artist engaged in painting and sculpting. He was arrested by the police on 3 February 2004 because he gave food to a person who is currently accused of some serious crimes. However, this person, who was also arrested, was not assaulted at all as he bribed to the police. Mr. Tissa Kumara was kept at the Welipenna Police Station of Kathutrara District until 6 February 2004.

At the police station, the victim was severely assaulted by the Sub Inspector (S.I.) Silva S.I. Silva. The S.I. assaulted him all over the body with cricket post (wicket), particularly on the neck, back, ears, head, hands, buttocks, ankles and knees. Due to the torture, Mr. Tissa Kumara could not stand and has serious injuries on the left side of the head. His right hand was handcuffed to the iron rails of the police cell and S.I. Silva pulled him up and down with it many times, injuring the victim’s wrist severely. S.I. Silva also hit the victim’s chin several times with a pistol. One of the most extraordinarily cruel acts during the torture was to get a tuberculosis patient, who was also under police custody at the time, to spit into the mouth of Mr. Tissa Kumara. S.I. Silva then allegedly said to the victim that he would die within two months of the same disease.

Mr. Tissa Kumara was produced before a Magistrate on 6 February 2004. Before being taken to the Magistrate, Mr. Tissa Kumara was forced to place his thumbprint on a grenade given by S. I. Silva. According to the victim, the grenade looked new and the police unpacked it and forced him to place his fingerprint on it. His is currently in the Kalutatra Remand Prison, where he is unable to get proper medical care.

SUGGESTED ACTION:
Please send a letter to the addresses below and express your concern about this serious case. You can access the contact information (address, tel/fax no, email address) of the Nepalese authorities in our previous urgent appeals mentioned above.

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