UPDATE (Sri Lanka): Inaction by the Attorney General to prosecute the torture perpetrators of Mullakandage Lasantha Jagath Kumara

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-69-2004
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the case of Mullakandage Lasantha Jagath Kumara, who was tortured to death by police officers of Payagala Police Station, has not yet been prosecuted under the Convention Against Torture (CAT) Act, No 22 of 1994.  

According to the information received, though Inspector of Police (I.P.) Wickrenaratne, has been charged with murder by the Criminal Investigation Division after studious investigations about this case, and he, along with I.P. Iddemalgoda, have been charged with infringing the fundamental rights of the petitioner in the Supreme Court (Case No. SC/FR 471/2000.), the Attorney General has failed to indict all those involved in the death of Mr Kumara, under the CAT Act, No. 22 of 1994.  Consequently, the two Inspectors of Police, together with their fellow police personnel, Vithana, Guneratne, B.A. Palitha, Sunil Ranathunga, Jayantha Pushpakumara, and W.D. Dilantha Pushpakumara, remain unpunished for their crime in accordance with the CAT Act. 

Twenty three year old solider, Lasantha Jagath Kumara, was arrested by the officers of the Payagala Police Station on 12 June 2000, and illegally detained at the police station for five days where he was subjected to torture and abuse. After being remanded in Welikada Prison, he died at the prison due to injuries caused by the torture on 20 June 2004.  (See further: http://www.ahrchk.net/ua/mainfile.php/2001/116/). 

The AHRC asks that you intervene in this case. Please write a letter to the Attorney General demanding immediate action to prosecute the perpetrators under the CAT Act.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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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 under the CAT Act.

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

SAMPLE LETTER

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

Dear Sir,

Re: Torture and death of Mullakandage Lasantha Jagath Kumara, and failure of prosecution under the CAT Act, No. 22 1994

Name of the victim: Mullakandage Lasantha Jagath Kumara
Complainant: Kotedurege Sriyani Silva, the wife of the victim, 
Address of the complaint: Pitawatte, Gomerankande, Paiyagala
Alleged Perpetrators: (served at the Payagala Police Station at the time of the incident)
1. Inspector of Police Wickrenaratne of the Kandana Police Station
2. Inspector of Police Iddemalgoda of Palali Police Station
3. Police Sergeant 1241 Vithana; C/o, S.S.P. Batticoloa 
4. Police Sergeant 1556 Guneratne of the Katuwana Police Station
5. Police Sergeant 18462 B.A.Palitha of the Paiyagala Police Station
6. Police Sergeant 13006 Sunil Ranathunga of the Meegahatenne Police Station
7. Police Constable 1040 Jayantha Pushpakumara, C/o, S.S.P. Elpitiya
8. Police Constable 27126 W.D.Dilantha Pushpakumara of the Beruwela Police Station
Date of incident: arrested on 12 June 2000; died on 20 June 2000 in Welikada Prison
Case status:  No action to prosecute the torture perpetrators 

I have learned that no criminal action has been taken by your Department against the alleged perpetrators of the illegal detention, torture and death of 23-year-old, Mullakandage Lasantha Jagath Kumara by the Payagala Police. The victim died on 20 June 2000 after being subjected to severe torture committed by police officers mentioned above.   

I am therefore writing to bring your attention to this matter. Though Inspector of Police (I.P.) Wickrenaratne, has been charged with murder by the Criminal Investigation Division after studious investigations about this case (Case No. N.S. 46635 at Kalutara Magistrate Court), and he, along with I.P. Iddemalgoda, have been charged with infringing the fundamental rights of the petitioner in the Supreme Court (Case No. SC/FR 471/2000), the Attorney General has failed to indict all those involved in the death of Mr Kumara, under the CAT Act, No. 22 of 1994.  Consequently, the two Inspectors of Police, together with the other six accused above remain unpunished for their crime in accordance with the CAT Act. 

In light of this, I urge you in your capacity as Attorney General, to indict the above mentioned perpetrators of torture under the CAT Act, so as to ensure that justice is achieved for Mr Kumara, and for other victims of such crime. 

Sincerely yours,

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Thank you.

Urgent Appeals Programme

Document Type : Urgent Appeal Update
Document ID : UP-69-2004
Countries : Sri Lanka,
Issues : Torture,