UPDATE (Sri Lanka): Rohitha remains in chains in hospital due to legal technicalities 

The Asian Human Rights Commission (AHRC) has received further information about torture victim, Rohitha Upali Liyanage (Case No. 600/2005 at Wattegame Magistrates’ Court). As requested in our previous appeal, Rohitha remains in a hospital bed with one leg bandaged and connected to an external fixator while the other is chained to his bed by prison authorities because he could not go to the court to sign the book due to his injuries. (See further: UA-136-2005, UP-97-2005)

Rohitha’s case was brought before the Wattagama Magistrates’ court on 15 August 2005. The permanent magistrate was not present and an acting magistrate presided over the case instead.  When the matter relating to Rohitha was raised, the court requested the senior lawyers present and Rohitha’s lawyer to assist the court to resolve the problem, which it said had not come before the court in any other case.

The issue is that Rohitha is hospitalized in a facility outside the jurisdiction of the Wattagama Magistrates’ court. The court has been requested to facilitate his release by sending an officer of the court with the case record to be signed by Rohitha at the hospital so that he can be released and unchained as he is unable to do so due to his injuries.  However, it was questioned whether the court could send an officer to have Rohitha sign the book at the hospital as the hospital is outside its territorial jurisdiction. The court could not find an answer to this question of territorial jurisdiction.

The next issue that was raised was whether the prison authorities could remove Rohitha’s chain on their own.  The most senior remand officer was called by the court and asked as to whether Rohitha was still being held in chains.  The prison officer replied that he was. Then the court asked him whether the chains could be removed by the prison authorities.  The officer replied that it was not possible for the prison authorities to do so as there were no legal provisions for such action.  When asked whether there was any security consideration for not removing the chain, he replied that in all cases where prisoners were concerned there was a possibility of escape. Rohitha’s case was then postponed until August 17 for the matter to be taken up once again before the permanent magistrate.

The AHRC has, in letters to the Secretary of the Judicial Service Commission and all Supreme Court judges, stated that the present situation causes severe pain and inconvenience to the torture victim who is already suffering due to the severe injuries to his right leg.  It has also been pointed out that the issue of his inability to go to court for medical reasons should be resolved by the proper interpretation of the law. We have informed the relevant UN authorities about the matter.

We call for your urgent intervention in this matter again so that Rohitha is released immediately and can receive medical treatment without further inconvenience and pain.

SUGGESTED ACTION:
Please send a letter to the Secretary of the Judicial Service Commission of Sri Lanka and the Commission of Prisons of Sri Lanka and express your concern about this case.