[UA-67-2005: A woman’s healthy leg was amputated at the Negombo General Hospital due to mistaken identity; UP-51-2005: No investigation has yet been conducted into the mistaken amputation of a woman’s leg; UP-56-2005: Hospital authorities’ attempt to obtain false declaration from victim to escape liability]
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding attempts by a group of doctors to prevent police from investigating the case of Ms. Citthi Naseera (48), a woman whose healthy leg was mistakenly amputated (see further our previous appeals: UA-67-2005, UP-51-2005, UP-56-2005). The Government Medical Officers’ Association (GMOA) challenged the police competence and capability to initiate an investigation.
In a report published on 26 May 2005 by the Daily Mirror, Dr. Udhita Hewage, GMOA spokesperson, questioned the police capability to initiate such an investigation. The AHRC, however, believes that any attempt to interfere with the investigation of a crime is obstruction to justice. The police is pursuing its investigation as provided in the Criminal Procedure Code of Sri Lanka.
The GMOA also threatened to initiate trade union action in an attempt to put pressure upon the investigating agency to stop the investigation into this case. By so doing, such effort to protect one’s membership compromising public health and safety is totally unacceptable, and not only against the law but also a breach of basic medical ethics. It also poses serious threat to poor patients seeking medical relief from public hospitals.
We urge your immediate intervention to ensure that the Negombo Police would initiate a proper and independent investigation. Please also ask the Ministry of Healthcare, Nutrition and Uva Wellassa Development, to initiate necessary actions regarding reported attempts by doctors to stop the investigation. Future actions that would seriously affect the public health care, by threatening or initiating trade union action, must be dealt with accordingly.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear__________,
Re: A group of doctors challenge police competence over attempt to prevent the investigation
Name of the victim: Citthi Naseera, aged 48
Date and Place of the violation: 1 March 2005, Negombo General Hospital, Negombo Division, Sri Lanka
Case status: The Negombo police has started its investigation but the Government Medical Officers' Association (GMOA) challenged its capability in an attempt to prevent the course of investigation.
I am deeply concerned regarding the reported attempts by the Government Medical Officers' Association (GMOA) to prevent the Negombo police from investigating the case of Citthi Naseera (48), a woman whose healthy leg was mistakenly amputated by doctors at Negombo General Hospital, on 1 March 2005.
I learned that the spokesperson of GMOA, Dr. Udhita Hewage, has challenged the capability of the Negombo Police to investigate the case instead of closely cooperating with them in the process of investigation. The GMOA also threatened to initiate trade union action should the investigation continues.
Such an act by the GMOA directly interferes with police duty to initiate an investigation of an alleged crime, which is tantamount to obstruction to justice.
I further understand that the GMOA reportedly threatened to initiate trade union action that may result to a stoppage of work. As much as I understand the doctors right to initiate trade union actions, however, any actions taken in the future in expressing their grievances should fall within the limits of law. The public health care should not be compromised as a result of any effort to protect ones membership and obstruct the course of justice.
I urge your office immediately intervene to ensure the conduct of independent and proper investigation by the Negombo Police in this case. The Ministry of Healthcare, Nutrition and Uva Wellassa Development, should also ensure that the publics health care must not be compromised as a result of this investigation.
I look forward to your immediate action in this case.
Yours truly,
_____________
PLEASE SEND A LETTER TO:
1. Mr. Nimal Siripala de Silva, MP
Minister of Healthcare, Nutrition and Uva Wellassa Development
"Suwasiripaya", No.385,
Rev. Baddegama Wimalawansa Thero Mawatha,
Colombo 10
SRI LANKA
Tel & Fax: +94 11 2 662982/ 694132/ 694227
E-mail: Minister@health.gov.Ik
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. Dr. Radhika Coomaraswamy
Chairperson
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. Paul HUNT
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
