Dear friends,
The Asian Human Rights Commission (AHRC) is happy to inform you that on 26 July 2004 the Supreme Court of Sri Lanka awarded one million rupees to the wife and three children of Mr. Lamahewage Lal Meddagoda (36) who had been tortured to death by the Negambo Prison officers on 7 November 2002. This is the biggest amount of the compensation to the torture victims in Sri Lankan history. Mr. Lamahewage Lal Meddagoda had been arrested by the Seeduwa police on charge of stealing Rs. 300 worth (about 3 US$) two bunches of bananas and remanded to Negambo Prison. AHRC had previously issued Urgent Appeal on this case on 14 November 2002. (Refer to: UA-55-2002)
Delivering the judgment, Justice Bandaranayake observed that, “Although there should be discipline and order that should be maintained with firmness, such discipline cannot invoke punishments, which are inhuman and violative of Article 11 of the Constitution.”
However, even as the Supreme Court clearly mentioned in its judgement that the alleged assault and the consequent death of Mr. Lamahewage Lal Meddagoda occurred at the Negombo Prison, this case has yet to be prosecuted under the Convention Against Torture (CAT) Act, Act No 22 of 1994. AHRC again urges you to send a strong letter to the Attorney General (AG) demanding immediate action to prosecute the responsible officers. Sample letter is attached below.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
On 26 July 2004 the Supreme Court of Sri Lanka awarded one million rupees to the wife and three children of Mr. Lamahewage Lal Meddagoda (36) who had been tortured to death by the Negambo Prison officers on 7 November 2002. The Supreme Court ordered that Rs. 925,000/- payable by the State and Rs. 25,000/-each payable by Negombo Prison Officer In Charge (OIC) Ratnayake, the Chief Jailer of Negombo Prison and the Superintendent of the Negombo Prison. The Court also ordered that these amounts should be paid within three months from the date of court order.
Delivering the judgment, Justice Bandaranayake observed that, “Although there should be discipline and order that should be maintained with firmness, such discipline cannot invoke punishments, which are inhuman and violative of Article 11 of the Constitution.” She also declared that there had been dereliction of duties by the three above officers of Negambo Prison for not being able to prevent the assault on the deceased by some of the Prison officers and therefore they, too, are responsible for the infringement of the deceased’s fundamental rights guaranteed in terms of Articles 11 and 13(4) of the Constitution.
According to the judgement, the Rs. 1 million compensation is to be divided among the wife and three children equally. The sum of Rs. 250,000/- each for the three minor children to be deposited in the National Savings Bank, Negambo Branch in the name of the children in separate accounts and the interest to be drawn monthly by the mother for the maintenance of the children. The children should be entitled to the principal sum on majority.
The family has alleged that the victim was not only hand cuffed, but also shackled and beaten many times till he died by two jailers at the Negombo prison on 7 November 2002. However, even though there is clear evidence that proves the victim died due to torture by the prison officers, the case of Mr. Lamahewage Lal Meddagoda has not yet been prosecuted under the Convention Against Torture (CAT) Act, Act No 22 of 1994. AHRC urges the Attorny General of Sri Lanka to respect the judgement of Supreme Court regarding this case and take immediate action to prosecute the perpetrators who are responsible for the brutal torture and death of Mr. Lamahewage Lal Meddagoda.
SUGGESTED ACTION:
Please send a letter, fax or an email to the Attorney General of Sri Lanka and request him to take immediate action to prosecute the perpetrators by the CAT Act.
