[RE: UA-141-2004: SRI LANKA: A man arbitrarily assaulted by the SI of the Horana Police Station without any reason and UP-051-2006: SRI LANKA: Justice continues to evade victim one and a half years after his assault]
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SRI LANKA: Torture; Impunity; Lack of reparation
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Dear friends,
The Sri Lankan authorities are failing to prosecute the alleged perpetrator of torture against Mr. Rathnasiri Senadheera, despite a pledge by the Inspector General of Police (IGP) made in a letter dated 29.03.2006 to the AHRC. In this letter, the IGP stated that a case against Superintendent (SI) of Police Saliya, the former Officer-in-Charge of the Horana police station, would be filed in the Magistrate’s Court of Horana under section 314 of the Penal Code (causing simple hurt). Neither the victim nor AHRC have received any information concerning the filing of such a case at present.
Furthermore, although no legal or disciplinary measures have been taken against the perpetrator in the two years since the incident, the Human Rights Commission (HRC) conducted an inquiry into the incident (inquiry no. HRC/5048/04/I(iv)). On 04.07.2006 the HRC recommended that (i) the respondent, SI Saliya, pay Rs. 5000 (approximately US $ 50) to the petitioner (Mr. Senadheera) as compensation and (ii) that a copy of the recommendation be sent to the Attorney General (AG), IGP and National Police Commissioner (NPC) for suitable disciplinary action to be taken against the respondent. To date, no such action has been taken and the perpetrator continues to enjoy complete impunity.
Mr. Rathnasiri Senadheera complained to the HRC, the NPC and AG that on 29.09.2004 he had been illegally arrested, tortured and subjected to degrading treatment by the Horana police when he visited his brother in custody at the Horana police station. As a result, he had to be hospitalised for 5 days at the Horana hospital. Further background information concerning this case can be found at UA-141-2004 and UP-051-2006.
While welcoming the findings of the HRC, the AHRC is shocked to note that the amount of compensation deemed appropriate by the HRC is a mere Rs. 5000. The AHRC recalls that Rathnasiri Senadheera was badly injured as a result of the beating he received, with the victim’s vertebra having been damaged and his having to be fixed with a catheter and remain in hospital for five days. Regardless of any differences in standards of living, the compensation for acts of torture should be reasonable, proportional to the injuries suffered and meet international standards. The HRC’s proposed compensation would likely not even be sufficient to cover Rathnasiri Senadheera’s medical bills. The AHRC urges the HRC to revise its recommendation in the case of Rathnasiri Senadheera and all other cases of torture to come in line with acceptable international standards.
SUGGESTED ACTION:
Please write a letter to the relevant officials listed below and urge them to take immediate action to ensure that the alleged perpetrator, SI Saliy of the Horana police, is immediately made to pay adequate compensation to the victim, in line with international standards. The Human Rights Commission should re-evaluate its recommendation for this and other cases to ensure that adequate standards of reparation are in place. Furthermore, the authorities must be urged to ensure that a criminal case is filed against SI Saliya in the Magistrate’s Court of Horana. The IGP and NPC must take immediate disciplinary action against SI Saliya as well as the police station’s Officer in Charge (OIC).
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SAMPLE LETTER
Dear __________,
SRI LANKA: Authorities fail to prosecute perpetrator, while the HRC recommends derisory compensation
Name of victim: Rathnasiri Senadheera; a casual labourer
Name of alleged perpetrator: SI Saliya, former OIC of the Horana police station
Date of incident: 29 September 2004 to date
I am writing to you with deep concern regarding the failure by the Sri Lankan authorities to prosecute the alleged perpetrator of torture against Mr. Rathnasiri Senadheera, despite a pledge by the Inspector General of Police (IGP). It has come to my attention that the IGP has stated that a case against Superintendent (SI) of Police Saliya, the former Officer-in-Charge of the Horana police station, would be filed in the Magistrate's Court of Horana under section 314 of the Penal Code (causing simple hurt). The victim has still received no information as to the filing of such a case.
Furthermore, although no legal or disciplinary measures have been taken against the perpetrator in the two years since the incident, the Human Rights Commission (HRC) conducted an inquiry into the incident (inquiry no. HRC/5048/04/I(iv)). On 04.07.2006 the HRC recommended that (i) the respondent, SI Saliya, pay Rs. 5000 (approximately US $ 50) to the petitioner (Mr. Senadheera) as compensation and (ii) that a copy of the recommendation be sent to the Attorney General (AG), IGP and National Police Commissioner (NPC) for suitable disciplinary action to be taken against the respondent. To date, no such action has been taken and the perpetrator continues to enjoy complete impunity.
Rathnasiri Senadheera complained to the HRC, the NPC and AG that on 29.09.2004 he had been illegally arrested, tortured and subjected to degrading treatment by the Horana police when he visited his brother in custody at the Horana police station. As a result, he had to be hospitalised for 5 days at the Horana hospital.
While welcoming the findings of the HRC, I am shocked to note that the amount of compensation deemed appropriate by the HRC is a mere Rs. 5000. I note that Rathnasiri Senadheera was badly injured as a result of the beating he received, with the victim's vertebra having been damaged and his having to be fixed with a catheter and remain in hospital for five days. Regardless of any differences in standards of living, the compensation for acts of torture should be reasonable, proportional to the injuries suffered and meet international standards. The HRC's proposed compensation would likely not even be sufficient to cover Rathnasiri Senadheera's medical bills. I urge the HRC to revise its recommendation in the case of Rathnasiri Senadheera and all other cases of torture, to come in line with acceptable international standards.
I hereby urge you to take immediate action to ensure that the alleged perpetrator, SI Saliy of the Horana police, is immediately made to pay adequate compensation to the victim, in line with international standards. I urge the Human Rights Commission to re-evaluate its recommendation for this and other cases to ensure that adequate standards of reparation are in place. Furthermore, I urge you to ensure that a criminal case is filed against SI Saliya in the Magistrate's Court of Horana. The IGP and NPC must take immediate disciplinary action against SI Saliya as well as the police station's Officer in Charge (OIC).
Yours truly,
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PLEASE SEND YOUR LETTERS TO:
1. His Excellency the Hon. 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
Email: secretary@presidentsoffice.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
4. Secretary
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. Secretary
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: npcgen@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
