Court orders Release of Lalith Rajapakse – 17 May 2002 and UA-18-2002: Urgent medical help needed for torture victim – 13 May 2002)
SRI LANKA: Case of Lalith Rajapakse case before the Wattala Magistrates Court; case of Kusumawathi case before the Kalutara Magistrates Court
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Dear Friends
Following is an update on the cases of Mr. Lalith Rajapakse and A.M Kusumawathi, torture victims in Sri Lanka. Though cases for torture have been filed, the accused officers still continue to work as police officers. Your urgent action is required to pressure the Sri Lanka government to correct this situation.
Urgent Appeals Desk
Asian Human Rights Commission
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TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse– Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court
Though cases for Torture have been filed the accused officers still continue to work as police officers. In both of these cases the UN Rappoteur Against Torture, Mr. Theo Van Bovan, has made representation. There has also been representations locally and internationally. Cases have been investigated under the instructions of the Attorney General.
The Jurisdiction to hear the cases is with the high courts. Thus, filing cases in magistrates court is not based on any law, except in the cases such as identification parades. The hearing of a case gets delayed due to their being filed in magistrates court. Meanwhile, the government files reports before the UN and international agencies stating that cases have already been filed. Such reports are in fact misleading. Besides, Torture, according to the Act, is a Non-bailable offence. However, the prosecuting police officers agree to grant bail. After getting bail, the accused officers go back to work.
So long as these officers remain in duty they can harm the witnesses. This is a further reason for not allowing these officers to function officially pending their criminal trials.
Under the 17th Amendment, the disciplinary control of police is in the hands of the National Police Commission (NPC). It is the duty of the Commission to issue instructions to interdict the officers pending the conclusion of the trial. However, the NPC has not issued such instructions. It is the duty of the Attorney General to direct the prosecuting officers to file courts in High Court. It is only when a case is produced before the high court that the process leading to trial begins.
We urge you to write to the National Police Commission (NPC) and the Attorney General.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
To Chairman
National Police Commission (NPC)
Dear Sir,
Re: TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse-- Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court
I have learned that Criminal Cases have being filed against police officers in the above mentioned cases. However, they still continue to function as police officers. Such officers are thus allowed to have opportunity to hurt others. Besides, victims remain under pressure from these officers. In any case, someone who has been accused of torture being allowed to continue as a law enforcement officer, is a mockery of justice. It does not manifest any respect for the human rights guaranteed in the Constitution and in International instruments to which Sri Lanka is a party.
We urge the National Police Commission to correct this situation.
Sincerely yours
****
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To The Attorney General
Re. TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse-- Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court
I have learned that Criminal Cases have being filed against police officers in the above mentioned cases. However, the proper court to file these case is the High Court. Only the high court has the right to hear these cases. Except in exceptional situations, such as holding identification parades, there is not no justification for filing these cases in the Magistrates Courts. As a result of filing cases in the Magistrates Courts, the cases get delayed. When filing of cases in this manner is reported to UN officers and others agencies a wrong impression is also created about the actual situations. None of this helps to achieve the ends of justice.
We urge to correct this situation urgently.
Meanwhile the accused officers continue to work as police officers. Thus such officers are thus allowed to have opportunity to hurt others. Besides, victims also can under pressure of these officers. Any way, some one accused for torture being continuing as a law enforcement officer is a mockery of justice. It does not manifest any respect for human rights Guaranteed in the Constitution and in International instruments to which Sri Lanka is a party. I urge you as the Chief Prosecutor of the country to take steps to correct this situation.
Sincerely yours
****
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Send a letter to:
1. Mr. Ranjith Abeysuriya PC
Chairman
National Police Commission
69-1 Ward Place
Colombo 7
Sri Lanka
Fax: +94 1 691 926
2. Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
Email: attorney@sri.lanka.net
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
