[RE: UP-040-2006: SRI LANKA: Supreme Court granted leave to proceed in a brutal torture case filed by Chamara Nimantha; UA-182-2005: SRI LANKA: Brutal torture and fabricated charges laid against the victim by the Poddala Police, Galle District]
———————————–
UP-055-2006: SRI LANKA: Torture victim faces threats to withdraw his fundamental rights case
SRI LANKA: Torture; ineffective witness protection; threat and intimidation; collapse of rule of law
———————————–
Dear friends,
In August 2005, the Asian Human Rights Commission (AHRC) reported on the brutal, inhuman and humiliating torture committed on Chamara Nimantha by officers of the Poddala police. Mr. Nimantha complained that on 1 August 2005 he was stripped, severely assaulted, hung from the ceiling with a rope and had water slammed into his face while detained at the Poddala police station.
Thereafter, Mr. Nimantha, with the assistance of AHRC and Janasansadaya retained lawyers and filed a fundamental rights petition before the Supreme Court (case number SC 47/05). Then on 16 February 2006 the case was supported and after hearing the horrendous details of the incident, the Supreme Court granted leave to proceed in the case. The inquiry into the case before the Supreme Court was fixed for 4 June 2006.
However, the AHRC has now learned that Mr. Nimantha has complained that the respondent in the Supreme Court case the Officer-in-Charge (OIC) of the Poddala police station is constantly harassing and coercing him to withdraw his case from the courts. Recently, a person claiming to be a friend of the OIC visited Mr. Nimanthas homes, while Mr. Nimantha was at work and inquired about him. This same person, who called himself Kelum, has also phoned Mr. Nimantha on several occasions and made similar requests.
Furthermore, it has also been learned that the OIC has even telephoned the lawyers representing Mr. Nimantha Piyal Kariyawasam (instructing attorney) and Viran Corea (Counsel) and requested them to withdraw the said case.
Therefore, Mr. Nimantha urges the relevant authorities to take immediate action to stop the alleged perpetrator from harassing him as well as his lawyers to withdraw his case, especially since he has already obtained leave to proceed in his case before the Supreme Court.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their immediate intervention in ensuring the safety of Mr. Nimantha. An independent investigation must inquire into the recent conduct of the Officer-in-Charge of the Poddala police station, and if the allegations are found true, legal action must be taken against him without delay. In the meantime, full and adequate protection must be provided to Mr. Nimantha and his family. Furthermore, to properly ensure Mr. Nimanthas safety, all officers who are respondents in the Fundamental Rights Application 47/05 must be immediately transferred from the Poddala Police Station.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Torture victim faces threats to withdraw his fundamental rights case
Name of victim: Chamara Nimantha (25) married with one child; occupation: Backo (excavator) machine operator; Address: Diyagaha, Matara.
Name of alleged perpetrators: Policemen attached to the Poddala police station (Galle).
Date of original incident: 1 August 2005
Name of alleged perpetrator of recent threat and intimidation: Officer-in-Charge of Poddala police station
I write to you having recently learned of the threat and intimidation being made against a victim of torture by the Officer-in-Charge (OIC) of the very same station from where the torture took place. On 1 August 2005, Mr. Chamara Nimantha was stripped, severely assaulted, hung from the ceiling with a rope and had water slammed into his face while detained at the Poddala police station.
Thereafter, Mr. Nimantha, with the assistance of human rights organisations, retained lawyers and filed a fundamental rights petition before the Supreme Court (case number SC 47/05). Then on 16 February 2006 the case was supported and after hearing the dreadful details of the incident, the Supreme Court granted leave to proceed in the case. The inquiry into the case before the Supreme Court was fixed for 4 June 2006.
However, since then Mr. Nimantha has complained that the respondent in the Supreme Court case the OIC of the Poddala police station is constantly harassing and coercing him to withdraw his case from the courts. Recently, a person claiming to be a friend of the OIC visited Mr. Nimanthas house, while Mr. Nimantha was at work and inquired about him. This same person, who called himself Kelum, has also phoned Mr. Nimantha on several occasions and made similar requests.
Furthermore, it has also been learned that the OIC has even telephoned the lawyers representing Mr. Nimantha, Piyal Kariyawasam (instructing attorney) and Viran Corea (Counsel) and requested them to withdraw the said case.
Needless to say Mr. Nimantha is now living in fear as a result of these incidents and is concerned of what may happen next. I do not need to remind you of other cases in Sri Lanka where harm has come to victims awaiting court cases for crimes committed against them. As a person with the authority to intervene, I call on you to ensure that Mr. Nimantha is not added to this list.
I therefore ask that you take measures to ensure that an independent investigation inquire into the recent conduct of the Officer-in-Charge of the Poddala police station. If the allegations are found true, legal action must be taken against him without delay. In the meantime, full and adequate protection must be provided to Mr. Nimantha and his family. Furthermore, to properly ensure Mr. Nimanthas safety, all officers who are respondents in the Fundamental Rights Application 47/05 must be immediately transferred from the Poddala Police Station.
I trust that this intervention will precede any further incidents of harassment against Mr. Nimantha.
Yours sincerely,
-----------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
3. Mr. Chandra Fernando.
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
4. 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
5. 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
6. 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
7. 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
Asian Human Rights Commission (ahrchk@ahrchk.org)
