UPDATE (Sri Lanka): Supreme Court granted to leave to proceed in a torture case for the compensation filed by S.A. Akila Chaturanga 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-031-2006
ISSUES: Administration of justice,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding a torture victim S.A. Akila Chaturanga who was arbitrarily tortured by the Horana police on the allegation of stealing cattle on 22 December 2005 (See further: UA-006-2006). According to the latest information we have received, the Supreme Court of Sri Lanka granted to leave to proceed in a fundamental rights application filed by the victim for the compensation on 10 February 2006. The AHRC welcomes the decision of the Supreme Court however considerable concern should be paid to the victim as he is most likely expected to face intimidation by the perpetrators.

On 10 February 2006, the Supreme Court of Sri Lanka granted leave to proceed in a fundamental rights application filed by a farmhand S.A. Akila Chaturanga. He had previously filed his case before the Supreme Court claiming that due to the torture he was not able to perform his normal work, that his fundamental rights had been violated and wanted the court to grant him compensation. The respondents in his application are Sergeant Kaldera, two police constables R 1768 and 31288, the Officer in Charge of the Horana police, the Inspector General of Police and the Attorney General.

As the Court allowed proceeding in this case, a notice is to be issued to the respondents and they have to file objections within six weeks from February 10 and a counter affidavit within two weeks thereafter. The next hearing is scheduled for April 28. The Bench comprising Justices Shiranee Thilakawardena, N.K. Udalagama and N.E Dissanayake also directed the Kalutara General Hospital, where the victim was hospitalized for two days from 24 to 26 December 2005, to submit the bed head ticket and all reports relating to the examination and treatment of the victim. The victim further complained to Human Rights Commission of Sri Lanka, the National Police Commission, the Deputy Inspector General of Legal Division and the Bar Association president regarding his torture case.

The false theft charges against Chaturanga framed by the police still remain as he was released on bail. According to the victim, the Horana police inhumanly tortured him but when they could not get any confession from him despite the torture, the police suggested him that they would not object to his bail in the court only with the condition that he should remain silent about what had happened at the police station.  Accordingly he was bailed out on the next day.

The Attorney General’s Department should launch an investigation into this case based on the Supreme Court’s decision and prosecute those responsible as soon as possible. Also, the security of the victim is another concern as he is expected to face intimidation by the perpetrators. In Sri Lanka, it is very common that victims receive severe threats and intimidation following their complaints to the courts. The situation is worse when the police officers are involved in those cases. The case of Gerald Perera, who was shot dead 2 weeks before giving his statement to the court is an example (Refer to: www.ahrchk.net/gerald). The AHRC has previously reported other similar cases of the intimidation against the victims who lodged complaints against the perpetrators (Refer to:UP-027-2006UP-023-2006,and UP-80-2005).

SUGGESTED ACTION:

Please write the letters to the concerned authorities listed below and urge them to investigate into S.A. Akila Chaturanga’s case based on the Supreme Court’s decision and take a proper action, in particular for the Attorney General, to prosecute the alleged perpetrators as soon as possible. Please also ask them to suspend the concerned officers or transfer them to another region for the security of the victim while the investigation is going on and drop the false charge against him. Please also urge the Sri Lankan government to take immediate steps to appoint the commissioners of the National Police Commission, which was given power of disciplinary control over the police by way of the 17th Amendment to the Sri Lankan Constitution. Otherwise, crime and corruption will continue to increase, constituting a national menace and threat to people’s security in a country where a lot of ordinary citizens will continue to suffer from torture and ill-treatment committed by the police.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

SRI LANKA: Supreme Court granted to leave to proceed in a torture case for the compensation filed by S.A. Akila Chaturanga

Name of alleged victim:
 S.A. Akila Chaturanga, 22, unmarried; Occupation: farmhand
Names of alleged perpetrators: The Officer-in-Charge of Horana Police Station, Sergeant Kaldera and Police Constables R 1768 and 31288
Date of alleged incident: 22 December 2005 
Place of alleged incident: Horana Police Station

I am pleased to learn that the Supreme Court of Sri Lanka, on 10 February 2006, granted leave to proceed in a fundamental rights application filed by victim S.A. Akila Chaturanga for compensation. Chaturanga had been arbitrarily arrested and tortured by the Horana police Station on the allegation of stealing cattle on 22 December 2005. 

However, the false theft charges against Chaturanga still remain. According to the victim, when the victim kept insist his innocence despite brutal torture, the police then falsely framed the charges against him and suggested him that they would not object to his bail in the court on the condition that he should say nothing about what happened at the police station. This is the typical way for the Sri Lankan police to hush up their illegal act and intimidate the victims for the further harassment. I therefore urge you to take immediate steps to withdraw the false charges against him. 

I also urge you, in particular the Attorney General’s Department, to thoroughly investigate this case according to the Supreme Court’s decision and ensure that those responsible are prosecuted as soon as possible. I am also deeply concerned by the security of the victim because it is very common that the victims receive severe threats and intimidation following their complaints to the courts in Sri Lanka. The situation is worse in particular when the police officers are involved in those cases. I therefore urge you to take action with regard to the concerned officers or transfer them to another region for the security of the victim while the investigation is going on. 

Lastly, I strongly urge the Government of Sri Lanka to take immediate steps to appoint the commissioners of the National Police Commission (NPC), which was given power of disciplinary control over the police by way of the 17th Amendment to the Sri Lankan Constitution without further delay. I firmly believe that the functioning NPC will significantly contribute to establish a strict discipline within the police force and eliminate the deeply rooted practice of torture in police stations in the country. 

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421 

2. Mr. Chandra Fernando. 
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

5. Mr. Mahinda Rajapakse
President 
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

6. 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)
E-mail: ssyed@ohchr.org


Thank you. 

Urgent Appeals Programme (ua@ahrchk.org
Asian Human Rights Commission (ahrchk@ahrchk.org)
Document Type : Urgent Appeal Update
Document ID : UP-031-2006
Countries : Sri Lanka,
Issues : Administration of justice,