UPDATE (Sri Lanka): The police threatened the victims of the police attack in Baddegama village, Madahapola

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-06-2004
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned about the police intimidation against the victims of the police attack in Baddegama village, Madahapola. On 31 December 2003, the Baddegama village people were brutally attacked by the 200 drunken policemen and their supporters. (Refer to: UA-02-2004: Brutal attack of the police on the people in Baddegama village in Madahapola who campaigned against crime) After the incident has been highlighted, the police have threatened the village people to withdraw the complaints and stop the bus service to the village.

AHRC requests you to write a letter to the local authorities to ensure the security of the victims and investigate the police intimidation against the village people. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
—————————————————— 

UPDATED INFORMATION:

After the incident was reported to the National Police Commission (NPC) and the National Human Rights Commission (NHRC) in Colombo, the officials of the NHRC came to Baddegama village to inquiry the incident and have fixed up further inquiry in Colombo on 26 January 2004. When the incident was highlighted in various newspapers, the police at the Gokarella Police Station have reacted violently to these reports. They continue to come to the village and have threatened the village people to withdraw the complaints. The bus service to the village was stop by the police. Some villagers reported the incident to the District Inspector General (DIG)-North Western Province in Kurunegala and he appointed Assistant Superintendent of the Police (ASP) Mr. Charles Wijewardene for further inquiry.

Update on the arrested three villagers during the police attack: 
Based on the statements of Jayantha Premalal, Nilantha Kumara and S. A. Somaratne, who were arrested by the police on 31 December 2003. The police falsely charged them with obstructing the police duty against illicit brewing. The statements were recorded on 18 January 2004. 

After being arrested by the police on 31 December 2003, Jayantha Premalal, Nilantha Kumara and S. A. Somaratne, who were seriously injured during the police attack, were taken to a private medical centre at Ibbagamuwa. The doctor who examined them told the police that the condition of Jayantha Premalal and Nilantha Kumar were bad and recommended them to admit the victims to a hospital. Inspector of the police (IP) Mr. Weeraratne took the three to the Gokarella Police Station and locked up S. A. Somaratne and took the other two to the rural hospital at Polgolla in Ibbagamuwa. The next day the police produced Somaratne to magistrate and remanded him at the Kegalle Prison.

The doctor at Polgolla hospital did not want to admit Jayantha Premalal, Nilantha Kumara as their condition was serious and she gave the hospital ambulance and requested the police to go to the Teaching Hospital in Kurunegala. The victims were taken with police guard and admitted at the ward 3 of the Teaching Hospital. On 1 January 2004, Jayantha Premalal was operated at 1:00 p.m. and sent to ward 26. Nilantha Kumara had a damage on his right ear but has received no proper treatment. On 2 January 2004, the Kurunegala magistrate came to the Teaching Hospital and ordered them to be remanded at the Prison Hospital in Kegalle, where they were sent after that. On 8 January three of them were produced at a Kurunegal Magistrate Courts and grated bail (Case no. B/10/04). The next hearing will be held on 25 March 2004.

After they were released, Jayantha Premalal re-entered the Teaching Hospital at Kurunegala for better care. He was beaten on the stomach and has a pain in his shoulders as well. Nilantha Kumara went to the centre in Colombo for examining his injury on the ear because of the lack of facilities in the district hospital. 

SUGGESTED ACTION:
Please send a letter, fax, or email to the addresses below and express your concern about this case.

1. Hon. Mr. Ranil Wickremasinghe 
Prime Minister 
Cambridge Place, Colombo 7 
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Hon. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC 
Chairman National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 128 / 691 926 
Fax HOME: +94 11 2 674148

4. Dr. Radhika Coomaraswamy
Chairperson 
National 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

5. Mr. Shavindra Fernando
Senior State Counsel 
Torture Perpetrators Investigation Unit 
Attorney General’s Department 
Colombo 12 
SRI LANKA
Tel/Fax: +94 11 2 327 765 
Email: Prsec@visual.lk or savifdo@yahoo.co.uk

6. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016 

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

SAMPLE LETTER

Dear

Re: The police threatened the victims of the police attack in Baddegama village, Madahapola

I am writing to bring to your attention the police intimidation against the victims in Baddegama village, Madahapola, the Kurunegala District. 

According to the information I have received, the police at the Gokarella Police Station have reacted violently after the villagers lodged complaints about the police attack to the National Police Commission (NPC) and the National Human Rights Commission (NHRC). On 31 December 2003, the Baddegama village people were brutally attacked by the 200 drunken policemen and their supporters after the torture victim’s mother went to the Gokarella Police Station to lodge a complaint. The police continue to come to the village and have threatened the village people to withdraw the complaints. They also stop the bus service to the village. I am very concerned of the security of the victims in Baddegama village.

Therefore, I strongly urge you to take action on this matter immediately and assure the security of the victims in Baddegama village. I draw your attention to the observations made by the UN Human rights Committee on 6 November 2003 which strongly recommended to the Sri Lankan government that “The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases.” (CCPR/CO/79/LKA (future) HUMAN RIGHTS COMMITTEE Seventy-ninth session).

I also urge you to investigate the police intimidation against villagers and arrest the responsible person(s) and punish them. The officers, who were involved in attacking and intimidating the villagers, must be suspended from their service while the investigation is going on. I further urge you to assist the victims, who were severely injured during the police attack, in accessing full medical treatment.

Sincerely yours,

————————–

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-06-2004
Countries : Sri Lanka,
Issues : Torture,