[RE: UA-39-2003: Torture of 17-year-old boy; UP-31-2003: Update on torture of 17-year-old boy, Chamila Bandara, by Ankumbura police; UP-38-2003: The security of the torture victim and his mother is severely threatened by the perpetrators; UP-39-2004: No action by the Attorney General to prosecute the torture perpetrators of Chamila Bandara’s case; UP-57-2004: Case of Chamila Bandara; the issue of the Kandy Coordinator and the rights of the people in Kandy for human rights protection; UP-66-2004: Human Rights Commission of Sri Lanka decided to transfer the Kandy coordinator]
Dear Friends,
On 23 March 2005 there was a court hearing regarding the Fundamental Rights Application of Chamila Bandara’s case in Supreme Court. When the government was questioned as to why the accused have not been prosecuted, the government stated that the Special Investigating Unit (SIU) had almost completed its investigations and indictment of the accused would follow soon. However, this same answer has been repeated by the government for about a year and to date, no indictment has been filed.
We urge you to send a letter to the Attorney General of Sri Lanka and the UN Special Rapporteur on the Question of Torture urging them to take immediate action to ensure that the perpetrators are prosecuted.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
On 23 March 2005 when the Fundamental Rights Application of Chamila Bandara, a young boy who suffered injuries at the hands of some officers of the Ankumbura Police, came before the Supreme Court of Sri Lanka, the Court questioned why the inquiries by the Special Investigating Unit (SIU) had not been completed and the case not prosecuted. Previously, on 1 December 2003, the government of Sri Lanka had written to the UN Special Rapporteur on the Question of Torture stating that the SIU had interviewed twenty witnesses and two medical officers confirmed that the patient had suffered grievous injuries caused by a blunt weapon. The government further stated that the SIU had nearly completed its investigations. However, to date, no indictments have been filed in this case. The government’s response mentioned above is quoted in the Special Rapporteur on the Question of Torture’s report dated 23 March 2004, exactly a year before the case was taken up at the Supreme Court, reproduced below:
“1511. By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B G C B J and others who were taken into custody along with him and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined B G C B J, stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney General’s Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, is now in progress.” (E/CN.4/2004/56) Add.1 dated 23 March 2004, at paragraph 1511.
On 6 July 2004, a lawyer for Chamila Bandara wrote to the Attorney General inquiring as to when the indictment regarding the case would be filed. Needless to say, the victim’s lawyer has yet to receive a reply.
Due to undue and unexplained delays, Chamila Bandara’s rights to a fair and speedy trial guaranteed under Article 11, 13(1), 13(2) and 12(1) of the Constitution as well as under the ICCPR are being violated. Thus, the failure to prosecute the perpetrators even after SIU investigations have been made leads to the denial of redress to a victim of above.
The entire matter is in the hands of the Attorney General’s Department. The AHRC strongly urge the Attorney General’s Department to expedite this matter and file the indictment.
SUGGESTED ACTIJON:
Please send a letter to the Attorney General and UN Special Rapporteur on the Question of Torture and urge them to take appropriate action to prosecute the perpetrators as soon as possible.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
1. Letter to: Attorney General
Dear Mr. Kamalasabesan,
Re: SRI LANKA: The case of Chamila Bandara Delay in filing of indictment under the CAT Act
I am bringing to your notice that when the Fundamental Rights Application of Chamila Bandara came before the Supreme Court on March 23, the Court queried as to why indictments relating to this case have not yet been filed despite a Special Investigation Unit (SIU) having conducted inquiries into this matter. Previously the Sri Lanka government reported to the UN Special Rapporteur on the Question of Torture on this matter and stated on March 23 2004, that the Special Unit's inquiries were almost complete. This matter is reported in the UN Rapporteur's report for the year 2004 as follows:
"1511. By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B G C B J and others who were taken into custody along with him and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined BG C B J, stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney General's Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, is now in progress." (E/CN.4/2004/56) Add.1 dated 23 March 2004, at paragraph 1511."
It is obvious that this young torture victim may suffer grave injustice due to the failure on the part of your department to file indictments in this case on an urgent basis. As you are also aware due to many letters written to your department on this case, the torture victim and his family have been chased away from their family home in Ankumbura since this incident and are living in different places in a helpless situation. They are living constantly under the threat of the perpetrators. Under these circumstances I urge you to ensure that this matter be dealt with in an expedient manner.
Yours sincerely,
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2. Letter to UN Special Rapporteur on the Question of Torture
Dear Prof. Manfred Nowak,
Re: SRI LANKA: the Case of Chamila Bandara Delay in filing of indictment under the CAT Act
I refer you to the report made by your office regarding the prosecution of the perpetrators in the case of Chamila Bandara, quoted below:
"1511. By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B G C B J and others who were taken into custody along with him and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined B.G C B J., stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney General's Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, is now in progress." (E/CN.4/2004/56) Add.1 dated 23 March 2004, at paragraph 1511."
This case came before the Supreme Court on 23 March 2005 (Bearing No. 422/2003) and the Court questioned as to why the investigations by the Special Investigation Unit had not led to the filing of indictments by the Attorney General's Department in this case. The response was that the investigations were yet to be completed, even though one year previously the Sri Lankan government started they were 'almost completed'.
I would urge you as the UN Special Rapporteur on Question of Torture to take this matter up with the state party in terms of your earlier correspondence in this matter. As things stand, Chamila Bandara's rights to a fair and speedy trial guaranteed under Article 11, 13(1), 13(2) and 12(1) of the Constitution as well as under the ICCPR are being violated. Thus, the failure to prosecute the perpetrators due to the negligence on the part of the Attorney General's Department leads to the denial of redress to a victim of above.
Yours sincerely,
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SEND A LETTER TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email:
attorney@sri.lanka.net or
counsel@sri.lanka.net2. 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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
