[UA-38-2002: SRI LANKA: Torture victim has not been produced before the JMO even after a magistrate’s order; UP-07-2004: SRI LANKA: Michael Anthony Fernando attacked; UP-49-2003: Michael Anthony Fernando receives death threats, UP-45-2003: Michael Anthony Fernando freed and given an Asian human rights award, UP-26-2003: Update on Mr Michael Anthony Emmanuel Fernando (‘Tony’), UP-19-2003, UP-14-2003, UA-09-2003: Human rights defender tortured and denied the fundamental right to a fair hearing]
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding two previous Urgent Appeal cases.
In the case of Mr. Sharon Wijewardene, who had been tortured by officers of the Central Investigations Department (CID) in 2002, his four torturers were found guilty in the Supreme Court of Sri Lanka on 27 May 2005.
In the case of Tony Fernando, the United Nations Human Rights Committee in its decision on 31 March 2005 held that Sri Lanka, as a state party to the Optional Protocol of the International Covenant on Civil and Political Rights (ICCPR), violated his rights by arbitrarily detaining him for one year for alleged contempt of court. The Committee further held that the Sri Lankan state is obliged to provide remedy, including compensation to Tony Fernando and instructed legislative changes to prevent similar violations in the future.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
ON THE CASE OF SHARON WIJEWARDENE:
Victim: Mr. Brahmanage Aruna Sheron Suranga Wijewardene of 444B Batagama South, Kandana.
Perpetrators: Officers of the Central Investigations Department (CID) Methsen Ampawila, Anura Silva, Roshan Masimbula, and WPC Dharmalatha.
Date of incident: 26 August 2002
Date of verdict: 27 May 2005
Case Status: The four officers have been found guilty in a Fundamental Rights Application to the Supreme Court (Case Number: SC553/2002) by Chief Justice Sarath Nanda Silva, Justices Justice Raja Fernando and N. Dissanayake.
Case Details:
The Fundamental Rights Application filed to the Supreme Court in 2002 (See further: UA-38-2002; UP-02-2004) was given a final determination on 27 May 2005 which was in favor of the victim Mr. Sharon Wijewardene, whose case was argued by Mr. Saliya Peiris. The four abovementioned CID officers were found guilty and ordered to pay limited compensation to the victim. Methsen Ampawila, Roshan Masimbula and Anura Silva who has left the CID and is now an officer of the Special Task Force – were ordered to each pay Rs 5,000 and bear the legal costs of the trial. WPC Dharmalatha was ordered to pay compensation of Rs 2,000, while the state will bear the legal costs in his case. The trial was presided by Chief Justice Sarath Nanda Silva, Justice Raja Fernando and N. Dissanayake.
An inquiry is to be conducted by the Police Headquarters Administration Department. A letter sent to Mr. Wijewardene by Senior Superintendent Mr. Ashoka Galgamuwa stated that the inquiry is aimed at establishing whether justice has been rendered to him.
The CID has requested Mr. Wijewardene to give evidence about the case on 11 June 2005.
Mr. Wijewaredene was severely tortured by the four officers on 26 August 2002 after being handed over to the CID by his uncle Mr. Lenard Nonis. Mr. Wijewardane was hung and severely beaten by the CID-officers, who had also used a high power hose to spray water onto the genitals of Mr. Wijewardane, which had inflicted enormous pain on him and caused his genitals to swell. Subsequently, he filed the Fundamental Rights Application with the Supreme Court.
ON THE CASE OF MR TONY FERNANDO:
In the case Mr. Michael Anthony (Tony) Fernando (See Further: UA-09-2003; UP-14-2003; UP-19-2003; UP-26-2003; UP-45-2003; UP-49-2003; UP-07-2004; UP-08-2004), the United Nations Human Rights Committee has held that Sri Lanka, as a state party to the Optional Protocol of the International Covenant on Civil and Political Rights, violated one of its citizen’s rights by arbitrarily detaining him for one year because of alleged contempt of court. The Committee, in its decision on 31 March 2005, communicated in writing on April 29 (CCPR/C/83/D/1189/2003), held that while it was the Sri Lankan judiciary that violated the rights of Mr. Fernando, responsibility lies with the state as a whole.
The 14 members of the Committee held that the state party is obliged to provide Mr. Fernando with legal remedy, including compensation, and has also instructed legal changes to prevent similar violations in the future. It has given the Government of Sri Lanka 90 days to report back to it, and has also requested the government to publish the Committees views.
Mr. Fernando made an application in June 2003 to the Human Rights Committee under the Optional Protocol of the Covenant, which entitles individual citizens of state parties to lodge complaints where all domestic remedies have been exhausted. In it he complained that he was sentenced to one year’s rigorous imprisonment for alleged contempt of court, and that he was subjected to torture while in prison.
As opposed to the assertion of the contempt of court by the state party, the Committee held that a fine or similar penalty by the court would have been sufficient under the circumstances. The committee also contradicted the state partys argument that it could not intervene into a decision made by the judiciary, which was said not to be under the states control. However, the committee asserted the responsibility of the state party as a whole for an act breaching the ICCPR.
The AHRC welcomes these successes and would like to thank you for your support for Mr. Wijewardene and Mr. Fernando. It will continue its activities in these two cases and update you on new developments.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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