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Sri Lanka
1483. By letter dated 14 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
1484. Dehiwatte Gedera Jayathilaka, a 45- year-old man from Golangala Village, Egodamulla, Devilla, Yatawatte. He was arrested on 9 March 2004 by police officers from Yatawatte Police Security led by a sub-inspector (whose name is known to the Special Rapporteurs), and was accused of possessing illegal liquor. He was taken to Mahawela Police Station. Some hours later, his son went to the police station to pay the bail. Dehiwatte Gedera Jayathilaka told his son that he had been severely assaulted while in custody and that he was in severe pain. He died some hours after his release. His body was taken to Kandy Hospital, where the Judicial Medical Officer certified the presence of broken ribs and bruises. A complaint was made at the Mahawela Police Station but it is thought that the statement was not properly recorded.
1485. Muthuthanthrige Chamal Ranjith Corrad, a 30-year-old saw mill worker from Egodauyana, Moratuwa. He was arrested 17 April 2004 on suspicion of theft on and taken to Modera (Moratatuwa) Police Post where he was severely tortured before being handed over to Moratuwa Police Station, where he was again beaten and kicked. On 18 April 2004, he was brought before a judge and transferred to Welikada Prison, where he was assaulted again. He did not receive medical treatment. He was released on bail on 19 April 2004 in critical condition. His relatives immediately took him to Panadura Government Hospital, but he died on the way. The following day an autopsy was performed at the hospital, which revealed that he died from injuries resulting from the assaults. A man named Dinesh who was taken to Mortuwa Police Station at the same time as Muthuthanthrige Chamal Ranjith Corrad reportedly witnessed the assaults and was himself subjected to a similar treatment.
1486. Senarath Hettiarchchilage Abeysinghe, a 39-year-old constable at the Trincomalee Police Station. He told the National Human Rights Commission that he had been tortured by his colleagues at Trincomalee Police Station and subsequently admitted to a hospital for treatment in April 2004. He died on 17 May 2004. Although he apparently died from natural causes, it is alleged that the circumstances of his death were suspicious. He was buried without an autopsy. On 23 June 2004, a Trincomalee judge ordered an exhumatiom in order to conducting a post-mortem.
1487. By letter dated 15 July 2004, the Special Rapporteur notified the Government that he had received the following allegations, to which the Government provided information by letter dated 26 November 2004:
1488. Kurukulasuriya Pradeep Niranjan, a 30-year-old resident of Negombo Lagoon. He was arrested by the police on 13 May 2001 in the context of a murder investigation. He was taken to Negombo Police Station, where his hands and fingers were reportedly mutilated. He was hung upside down with his legs tied together. While in this position, he was reportedly beaten with cricket wickets on his back, legs and soles of the feet by four police officers (whose names are known to the Special Rapporteur). The police officers allegedly acted under the supervision of a police inspector (whose name is also known to the Special Rapporteur). He was later taken to Negombo Remand Prison, where he was reportedly beaten while restrained naked on a table. He was taken to a court and a magistrate recorded his statement. The Central Intelligence Bureau (CIB) subsequently took over the investigation and he was taken to Police Headquarters in Colombo, where his statement was recorded again. He was declared innocent and released on 21 February 2003.
1489. The Government informed that investigations by the Special Investigations Unit (SIU) are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available. The Attorney General is the officer responsible for prosecuting the perpetrators. A judicial authority decides if compensation to the victim or his family should be provided. Imposition of penal or disciplinary sanctions will be decided on the completion of the inquiry.
1490. Kebbeduwa Gamage Prabhath Neel Chaminda, a three-wheeler driver, aged 28. He was taken to Kelaniya Police Station on 1 December 2002. In the office of the Officer in Charge (OIC), he was handcuffed, pushed on the ground and severely kicked, especially in the face. The OIC stepped on his back, which resulted in spinal injuries. While being interrogated, needles were stuck under his nails. When he was brought before a judge on 2 December 2002, the latter noted the prisoner’s poor physical condition and ordered that he be given medical treatment. He was charged with three counts of burglary and remanded to prison. His relatives complained to the National Human Rights Commission. However, they were threatened by the OIC, who told them that the whole family would be eliminated if they approached human rights organizations.
1491. The Government informed that investigations by the SIU are in progress. An inspector was identified by the victim as the perpetrator. The medical examination indicated non-grievous contusions caused by a blunt weapon.
1492. W. M. S. P. W., a 7-year-old boy from Moregollagame. His mother was ordered by the police to bring him and his sister to Polpithigame Police Station on 30 July 2003, in connection with a robbery. At the police station, a constable questioned the two children for a whole morning. Later the boy told his mother that he had been beaten and threatened by the OIC. In the afternoon, a 13-year-old boy was arrested and W. M. S. P. W.’s sister was released. He and the other boy were locked in a cell. The next morning, their relatives again went to the police station, where they were told that the two boys would be released if they paid for the stolen goods, which they refused to do. Following the intervention of a lawyer, the OIC agreed to bring the two boys before the Mahava magistrate, who ordered their release on bail.
1493. The Government informed that investigations by the SIU are in progress. The identity of the perpetrator has not been confirmed. To date the outcome of the medical examinations are not available.
1494. Mahadura Pandula Sri Tharminda, a retail fruit seller. He was arrested on 11 August 2003 by police officers from Kandi Police Station and subjected to severe torture. A case against the responsible police officers was filed at the Supreme Court. On 2 November 2003, a police officer warned him that he would be killed or implicated in a drugs or bomb case if he did not withdraw the complaint. These threats allegedly took place at Kandy Central Market. A complaint regarding this incident was lodged with the Human Rights Commission Office in Kandy. On 10 November 2003, the same police officer threatened him again. When Mahadura Pandula Sri Tharminda still refused to withdraw the complaint, he was beaten by the police officer and subsequently taken to Kandi Police Station, where he was assaulted again. He was accused of possessing a bomb and forced to sign a confession that had been prepared by the police. On the following day, he was brought before a judge, who ordered that he be produced before a court on 24 November 2003. While in detention at Kandy Remand Prison, he began to bleed from the nose and mouth and to urinate blood. He was admitted in critical condition to Kandy General Hospital on 15 November 2003 and underwent neurosurgery.
1495. The Government informed that investigations by the SIU are in progress. A subinspector of the Kandy Police was identified by the victim as the perpetrator. The prison doctor reported contusions on the victim’s left eye and on the left side of the chest. The Medical Officer from the General Hospital, Kandy, reported a fracture contusion, caused by a blunt weapon, and of a grievous nature. A statement of the suspect is to be recorded.
1496. Conganige Pradeep Surendra, a 29-year-old mechanic, and Christopher Junius Lafaber, a 23-year-old hairdresser. They were arrested without a warrant by four police officers from Mutwal Police Station on 5 September 2003, after they complained that two drunk police officers had created a disturbance at their stand during a musical show at St John’s School playground. On their way to Mutwal Police Station, they were beaten and kicked until they fell down. Conganige Pradeep Surendra was beaten by a sub-inspector (whose name is known to the Special Rapporteur) with a pistol, resulting in a broken nose. They were later taken to the government medical officer in Ragama and to the National Hospital in Colombo. Despite doctors’ advice that Conganige Pradeep Surendra should be hospitalized, both men were taken back to Mutwal Police Station. Their relatives were told that they were not being held there. They were released on bail on the following day. A complaint was filed on this case and on 24 September 2003 the Assistant Superintendent of the Police in charge of the area initiated an inquiry.
1497. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1498. Raman Pillai Kesam Nayar Ashokan, a 42-year-old resident of Kandy, working as a cashier in a wine store. He was arrested by police officers from Katugastota Police Station on 6 September 2003, after he was attacked by a group of unidentified individuals who stole money from the store. He was accused by the police and the owner of the store of having stolen the money himself. He was assaulted by police officers while being interrogated on this matter. He was later taken to Katugastota hospital, where a District Medical Officer said that a chemical like chloroform had been administrated to him and that he should be taken to another better-equipped hospital. However, he was taken back to Katugastota Police Station and put in a cell. His clothes were removed and he was blindfolded and ordered to lie down. It is reported that he was severely beaten with a pole, hit on the soles of his feet and subsequently forced to jump up and down, as well as threatened with death. Later, he was again forced to lie down and three persons sat on his back while he was beaten again on the soles of his feet. He was later forced to sign a statement that he could not read and without being told what it contained. A magistrate ordered him remanded. He had difficulties in breathing and suffered from severe pain in his back and on the soles of his feet. He was released on bail on 16 September 2003 and received some medical treatment on 17 and 18 September. However, as his condition became critical, he was hospitalized at Peradeniya General Hospital on 22 September 2003. A complaint was filed with the police. While he was in the hospital, his family received threats from unknown persons, which are believed to have originated with the police.
1499. The Government informed that he submitted an affidavit dated 23 June 2004 [a copy of which was provided to the Special Rapporteur by letter dated 1 December 2004] to the SIU, which had commenced an investigation, affirming that he did not require any action against the police. The inquiry was suspended since the victim did not wish to cooperate with the investigators.
1500. Dope Pathiranyalayage Lasantha Priyankara, a 33- year-old day labourer. He went to Bentota Police Station on 22 October 2003 at the request of the police. Once there, he was directed by the OIC, whose name is known to the Special Rapporteur, and two other policemen to a back room of the police station without being given any explanation. In the room, he was beaten with a cricket bat, wooden clubs and a rubber hose. He was accused of a robbery. When he denied the charges, the OIC and others stripped him, tied his thumbs together and hung him up by his thumbs. While in this position he was beaten again with clubs, a rubber hose and a cricket bat, and forced to admit that he had broken into a house. He was threatened with death by the OIC, who nearly suffocated him by pressing his clothes to his face. Later, his arms were twisted behind his back, his thumbs tied together and he was hung up again. He was also stabbed in the stomach with a broken bottle, and fell unconscious. He was later taken to a rural hospital, administered a saline injection and brought back to the police station. Once there, he was ordered to go back home. His relatives immediately took him in a very critical condition to the Kalutara General Hospital.
1501. The Government informed that the Senior Superintendent of Police conducted an investigation. An inspector, officer-in-charge, and five policemen of the Bentota Police were identified as the perpetrators. The medical examinations indicated the victim suffered five injuries on his body, as well as a stab wound on the stomach. The Attorney General’s opinion on whether to proceed with a prosecution is pending.
1502. Bamunuarachchi Pathiranalage Sathkumara. He was arrested in Derenagama village on 1 November 2003 by two plain-clothes police officers from the Kuliyapitiya Police Station. At the police station, he was interrogated about a burglary. He was severely beaten with a wooden pole and hit on the soles of his feet for ten minutes. He was then forced to jump up and down and to run. His hands were tied behind his back and he was hung from a beam in the ceiling by a nylon rope. He was then swung for 45 minutes, causing severe pain to shoulders and arms. While in police custody he was not given any food. Upon his release that same day, he was warned not to seek medical treatment in a hospital. However, he was hospitalized at Kuliyapitiya Hospital on 4 November 2003. The police working at the hospital took a statement from him about the treatment received in the police station. A Judicial Medical Officer examined him. A complaint was made to the District Inspector General of Police of Kurunegala. The latter said that the case should be reported to the Assistant Superintendent of Police.
1503. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1504. S. L. Kulatunga. He was arrested with another person by the Nivithigala police on 10 November 2003. At the police station he was assaulted and suffered serious head injuries. On the following day he was admitted to the Watupityi Hospital and transferred to the General Hospital in Colombo, where he died on 12 November 2003. His death was followed by massive demonstrations in front of the police station and the General Hospital. The police authorities transferred four police officers and announced that an inquiry would be opened. 1505. The Government informed that investigations by the SIU are in progress. According to the statements received so far, when he was taken to the hospital to obtain a medical report, he jumped out of the jeep and sustained fatal head injuries. Report of the medical examination has been received. The relevant file will be forwarded to the Attorney General for consideration of criminal charges.
1506. N. K., a 15-year-old boy. He was taken away from his home on 3 December 2003 by four police officers from Bulathsinhala Excise Station. He was interrogated about an illegal liquor seller and taken to a nearby forest where he was beaten, in particular on one of his hands. Later on, he and his father, who had also been taken to the forest, were forced to sign documents without being told what they contained. On the same day he was admitted to Pimbura Government Hospital, where he stayed for three days. When he was discharged, his hand had not yet healed. A complaint about this incident was lodged with the police.
1507. The Government informed that the Senior Superintendent of Police has completed his investigations. A statement of the victim was recorded. According to the report of the District Medical Officer, Nagoda, there were no injuries on the victim’s body. Four persons of the Matugama Excise Station were identified as the perpetrators. The case was reported to the Magistrates’ Court, Matugama, and the file has been forwarded to the Attorney General for his advice.
1508. Shiron Jeewantha Pallekanda, a 22-year-old resident of Pallewatta, Pitawala, Nawalapitiya. As requested by the police, he reported to Kekirawa Police Station on 7 December 2003. He was kept there for more than six hours and later taken to Katugastota Police Station and arrested on suspicion of stealing a vehicle. It is reported that he was severely beaten at the second police station. Although the law requires that arrested persons be produced before a judge within 24 hours, on 9 December 2003, his father was told by the police that Shiron Jeewantha Pallekanda could not be produced before a judge because the investigation had not yet been completed. When his father complained about the treatment received by his son while in custody, he was told that his son would be remanded if he came again to the police station.
1509. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1510. Tennakoon Mudiyanselage Gunesekera, a 39-year-old waiter. On 31 December 2003, he was severely beaten with wooden bats near the Chandrasena Hotel, Mahiyanganaya, by six policemen from the Mahiyangana ya Police Station. On 1 January 2004, he was found by his wife lying on the ground at a nearby market. When she went to the Mahiyanganaya Police Station to file a complaint, the police tried to bribe her not to make the incident public and refused to register the complaint. In the meantime, Tennakoon Mudiyanselage Gunesekera was hospitalized in Mahiyagama. He had difficulties breathing and sustained damage to his ribs. His statement about the incident was recorded by policemen at the request of the DMO.
1511. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1512. Ashoka Pradeep Kumara, aged 20, S. P., aged 17, R. M. Newton Ratnayaka, aged 29, W. P. Piyadasa, aged 70, Nilantha Kumar Rajapakse, Chaminda Sureshkumar, U. N. Jayantha Premial, Samurdhi Niyamaka, and other residents of Baddegama village, Madahapola. On 31 December 2003, four police officers from Gokarella Police Station went to Baddegama village seeking information about illegal liquor. Ashoka Pradeep Kumara and S. P. were severely assaulted when they could not tell the police officers where to find the alcohol. Both were hospitalized in a rural hospital in Polgolla. S. P. was admitted to Kandy Hospital on 6 January 2004. His lower abdomen was injured and he sustained blows to the head causing dizziness. Following this incident, S. P.’s mother went to the Gokarella Police Station to lodge a complaint. There she found about 200 policemen and retired policemen having an end-of- year party. Upon being made aware of the complaint, the policemen rushed to the village and assaulted residents with poles and bicycle chains. R. M. Newton Ratnayaka, who is disabled, was thrown on the ground and policemen trampled on his stomach. He was arrested and sent to Kegalle Prison. W. P. Piyadasa, secretary of the organization the Disappeared Mothers and Children of Kurunegala District, was dragged on the ground and injured on his knees and hands. He also sustained wounds to his face. Nilantha Kumar Rajapakse and U. N. Jayantha Premlal were arrested and later admitted to Kegalle Prison Hospital. The arrested villagers were charged with obstructing the police from carrying out their duty to take action against illegal brewing. They were released on bail on 8 January 2004. A complaint about this incident was filed with the National Police Commission and the National Human Rights Commission. It is alleged that following reports about the incident in newspapers, the police threatened the villagers and the bus service to the village was stopped. 1513. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have been identified by the victims as the officer- in-charge and an inspector of the Gokeralla Police. Medical examination results are awaited from the Government Medical Officer of the Gokeralla Hospital.
1514. D. G. Premathilaka. He was severely beaten by police officers on 8 January 2004, allegedly because he gave up his illegal liquor business. He was hit on his head and face, pulled into a van and driven away. On 9 January 2004, his wife was informed that he had been taken to Katugastota Police Station. His brother- in-law went there and found him lying on the floor of a cell, unable to stand. Upon his release that same day, D.G. Premathilaka was taken by his family to Kandy Public Hospital, where he was admitted. However, on 10 January 2004, he was forcibly discharged from the hospital on the grounds that he had no serious injuries, despite the wounds on his legs and arms and his claim that he was suffering from a severe headache and was unable to move his neck. He was later admitted to Peradeniya Hospital.
1515. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. The medical legal report of the judicial medical officer indicated non-grievous abrasions caused by a blunt weapon on the victim’s body.
1516. Embathanthirige Amal Fernando, aged 22, owner of a farm at Hirigalgodella, Nagahaduwa, Payagala. He was assaulted on 19 January 2004 at his farm by three individuals in plain clothes who allegedly identified themselves as police officers. They interrogated him about who produced illegal liquor in the area. When he did not reply, he was beaten on the hand, chest, legs, and back with wooden and iron bars. He was later put in a police vehicle and driven to four places in Maggona before being taken to Kalutara North Police Station. He was examined by a JMO who did not ask him any questions. He was released the same day. As a result of the treatment received, his right hand was swollen. He was admitted to Nagoda hospital, where he reported that he had been assaulted by the police. On the following day, a police officer attached to the Hospital Police Post took his statement. He was examined by a second JMO on 21 January 2004. His complaint was reportedly registered by the NHRC.
1517. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1518. D.G. Athula Saman Kumara, a businessman. He was arrested on 16 February 2004 and taken to Katugastota Police Station, Kandy. He was not informed about the reason for his arrest. When his wife visited him there, he was severely injured as a result of the treatment he received while in custody. She lodged a complaint with the NHRC and the NPC in Colombo.
1519. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1520. W. R. Terrance Fernando, a security guard and resident of Aluth Wewa, Polonnaruwa. He was arrested on 21 February 2004 after he was asked to report to the Kaduruwela Police Station. He was accused of a double murder that had taken place in the neighbourhood where he was on duty. He was beaten and locked in a cell. Later that day he was taken to the criminal branch of the police station and beaten again. He was subsequently taken to the police staff room, tied up and beaten for several hours by two inspectors, a constable, and another officer. On 23 February 2004, he was produced before a judge. His lawyer informed the court of the treatment he had received while in police custody and a complaint was recorded. The judge ordered W. R. Terrance Fernando to be remanded in custody and to be given medical attention. He was sent to the General Hospital at Polonnaruwa, where the JMO documented his injuries on his right buttock, right and left feet and left leg and an abrasion along the pelvic area. As a result, he was initially unable to move and he suffered from these injuries throughout his time in remand prison. He was released on bail on 25 June 2004. Three days later, an assistant superintendent of police reported to him that the police had found the real culprit. In early July 2004, W. R. Terrasse Fernando asked for all charges against him to be formally withdrawn. He also filed a fundamental rights case with respect to his arrest and detention and the treatment he received while in custody.
1521. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1522. Bellanavithanage Sanath Yasaratne, a 22-year-old man from Gorakagahagodella, Bellana, Agalawatte. He was beaten with a baton by a police constable (whose name is known to the Special Rapporteur) on 22 February 2004, while he was in a shop. When he attempted to run away, other police officers who were also present shot him. The police left without helping him. He was later taken by his brother to Wattaewa Hospital and then transferred to Colombo General Hospital. He died on the way. A post-mortem was conducted by the JMO of Nagoda Hospital, which confirmed that his death was due to gunshot wounds.
1523. The Government informed that investigations by the Criminal Investigations Department have been completed. Judicial proceedings have been filed at the Magistrates’ Court, Matugama against a police constable of the Baduraliya Police. A non-summary inquiry is in progress, and actions have been taken to initiate a disciplinary inquiry against the perpetrator. According to the report of the Judicial Medical Officer of the General Hospital, Kalutara, the cause of death was due to excessive bleeding following a bullet injury to the femoral artery of the left groin.
1524. John Pollage Udays Saman Jayasuriya, a driver from Urapola, Pilimathalawa, and his two sons, U. G. Nandana Amarasooriya and Tilakasiri. The men were stopped near the Giragama Tea Factory by police officers in plain clothes on 9 March 2004. John Pollage Udays Saman Jayasuriya was punched several times by the inspector of police of Peradeniya Police Station (whose name is known to the Special Rapporteur). He and U.G. Nandana Amarasooriya were pulled out of the car and hit on their faces with helmets; however, they manage to escape and returned home. As John Pollage Udays Saman Jayasuriya was about to go to the hospital to seek treatment for his injuries, the police officers arrived and attacked him again. He was beaten with a pipe in front of his wife and son, who was also attacked. John Pollage Udays Saman Jayasuriya and Tilakasiri were taken to Kadugannawa Police Station where the father was severely beaten with a pipe and kicked, injuring his left eye and head. He eventually fainted and was taken to Kadugannawa rural hospital. The following day he was transferred to Peradeniya Teaching Hospital and later to Kandy Hospital, where he underwent two operations. He was kept under close surveillance and chained to the bed. He was released on bail on 25 March 2004. His relatives reported the case to the President of Sri Lanka, the Inspector General of the Police, the District Inspector General of the Central Province Police, and the NPC in Colombo, and the Human Rights Commission in Kandy.
1525. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1526. Halnetthige Nelsan Perera and Halnetthige Lenith Nuwan Peiris. On 13 March 2004, they were assaulted by two members of the traffic branch of the Panadura Police (whose names are known to the Special Rapporteur). They were beaten on their faces, chests and hands. A police vehicle then approached with seven or eight police officers inside, including the OIC and a constable of the Pinwatta Police Post. The officers beat the two men with an iron bar. Halnetthige Nelsan Perera began to bleed from the head and collapsed. Halnetthige Lenith Nuwan Peiris was also injured, especially on the left leg. The police attempted to assault witnesses who tried to intervene. The two men were put in a police vehicle, taken away, and assaulted in the vehicle. They were brought to the Panadura Police Station, where they collapsed. They were later admitted to the Panadura Base Hospital. They were examined, given emergency treatment and admitted to Ward No. 1. Halnetthige Nelsan Perera was later transferred to Ward No. 24 and Halnetthige Lenith Nuwan Peiris to Ward No. 26. Halnetthige Nelsan Perera was discharged on 15 March 2004, with marks of injuries on his chest, back, head, face, hands, legs and elsewhere on his body. Halnetthige Lenith Nuwan Peiris was admitted to the National Hospital of Sri Lanka for special treatment and underwent surgery for various fractures. He was discharged on 31 March 2004 and was issued a Diagnosis Ticket indicating that he had a compound fracture of the left lower leg bone as a result of the assault. Halnetthige Nelsan Perera filed a petition with the Sri Lankan Supreme Court. Complaints have also been lodged with the NHRC, NPC, Inspector General of Police, Deputy Inspector General of Police (Colombo South), the Senior Superintendent and the Assistant Superintendent of Police (Panadura). An inquiry was begun in regard to his case on 23 March 2004.
1527. The Government informed that the SIU commenced an investigation, however the victims submitted affidavits dated 15 June 2004, affiriming that they did not wish to take any action against the police. Therefore the inquiry has been suspended since the victims do not wish to proceed with investigations.
1528. Ukwatte Liyanege Don Sumith Chandana, a 29-year-old tour guide at Robolgoda, Bentota. He was summoned to Bentota Police Station and went there on 16 April 2004, accompanied by his mother. His mother was asked to leave and he was detained. He was taken to a room near a kitchen and told to remove his clothes and lie on a bench, where he was restrained. He was beaten on the soles of the feet with a bar for approximately 30 minutes. He was released the following morning but ordered to return in the afternoon. Both he and his mother were threatened with death if they filed a complaint. When he returned to the police station he was kept until the following day. On 19 April 2004 he was produced before a judge in connection with a theft charge. He was released on bail and told to appear in court on 17 August 2004. His lawyer informed the judge about the treatment he had received while in custody. After his release, he was admitted to Nagoda General Hospital.
1529. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1530. Aththana Gamaralalage Ravindra, a 26-year-old man from Katupotha. On 13 May 2004, he was arrested along with three other persons by policemen in plain clothes at a relative’s shop. They were taken to Katupotha Police. At the time of the arrest, he was assaulted by an inspector of police (whose name is known to the Special Rapporteur), as a result of which he lost a toenail. At the police station, he was assaulted again when he asked why he had been brought there. He was later taken to Kalupotha Hospital, where a DMO issued a report without examining him. He was taken back to Kalupotha Police Station, where he was beaten with a wooden pole, punched and kicked by the same Inspector of Police. As a result, he sustained severe damage to his left ear. He was charged with unlawful assembly and causing a disturbance in a public place. He was released on bail and told to appear at Warriyapola Magistrate’s Court on 23 May 2004. After his release, he received medical treatment at Kurunegala Teaching Hospital and filed a complaint with the DIG of Wayamba and the Senior Superintendent of Police of Kulyapitya.
1531. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1532. Punchi Kankanamge Ninal, a 37-year-old casual worker residing in Kekulaliya, Poruwadanda. He was summoned to the Horana Police Station on 6 June 2004. There, he was severely assaulted while being questioned about a lost motor at his workplace. He was hit on the face, ears, buttocks and thighs with a rubber hose for about 10 minutes. He was ordered to kneel down and was slapped for about 15 minutes. He was also ordered to remove his clothes and kicked on the thighs and lower abdomen. Although he fainted twice, he continued to be kicked and beaten. He was threatened with being charged with possessing a bomb if he did not say what he knew about the theft. After the threats he was beaten again with a rubber hose and forced to sign a document. He was later released on bail and taken to Ingiriya Government Hospital by his relatives on 7 June 2004. The incident was reported to the Assistant Superintendent of Police of Horana on 10 June 2004. No statement about the incident was taken from him and he was not examined by a JMO.
1533. The Government informed that investigations by the SIU are in progress. An inspector of the Horana Police has been identified as the perpetrator. The report of the District Medical Officer is awaited.
1534. M. A. D. D., a 17-year-old student, Gurutalawa. He was arrested at his home on 7 June 2004 by six officers from Panadura Police Station, taken to the crimes branch and handcuffed. He was beaten on the face, head and back. He was accused of breaking into a police officer’s house. He was locked into a cell and not fed until the following day. On 8 June 2004, a sergeant (whose name is known to the Special Rapporteur), handcuffed him with one hand over his shoulder and the other behind his back. While in this position, he was beaten with a rubber hose on the head, the lower abdomen, buttocks, legs and toes for about 45 minutes. He was ordered to confess to the burglary. He was subjected to similar treatment on various occasions during the day. Later on he was told to sign a statement. On the morning of 9 June 2004, he was fingerprinted and assaulted again. He was released in the afternoon. He had pain all over his body and bled from the nose. He was admitted to Kalubovila Government Hospital and examined by a JMO on 10 June 2004.
1535. The Government informed that officers of Panadura Police Station were summoned to the CID to record their statements, and the advice of the Attorney General will be sought pending the completion of the inquiry. The medical examinations indicated that the victim sustained psychological trauma, and presently the victim has no injuries to his nose. Investigations are ongoing.
1536. J. S. Chaminda, aged 21, B. W. L. Ajith Kumara, a 30- year-old driver, Ananda Baas, a mason, M. K. Gnanawathi, aged 58, and Roshan Wijekoon, her son. J. S. Chaminda, B. W. L. Ajith Kumara and Ananda Baas were stopped by seven police officers from Badureliya Police Station on 27 June 2004, when they were on their way home in a three-wheeler belonging to B. W. L. Ajith Kumara. They were dragged out of the vehicle and assaulted by the police officers, including by an OIC (whose name is known to the Special Rapporteur). They were asked about the whereabouts of a man named Ananda Wijekoon and taken to Badureliya Police Station. They were later taken to Badureliya Government Hospital, where the DMO issued medical certificates without conducting proper examinations. It is also reported that the DMO issued a false report stating that B. W. L. Ajith Kumara was drunk at the time of the arrest. On the same day, the same police officers went to the house of M. K. Gnanawathi, who is the wife of Ananda Wijekoon, and assaulted her and Roshan Wijekkon. On 28 June 2004, J. S. Chaminda and Ananda Baas were released on bail. No charges were filed against the m. B. W. L. Ajith Kumara was charged with driving under the influence of alcohol and produced before the Matugama Magistrate’s Court. According to the information received, before he was produced in court, he was threatened with the permanent confiscation of his three-wheeler if he did not plead guilty. He eventually admitted that he was driving under the influence of alcohol, and he was made to pay a fine and subsequently released.
1537. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1538. Jayasekara Vithanage Saman Priyankara and his relatives (cited in a previously transmitted communication). According to new allegations received, on 7 July 2004, he was taken with his brother, Susil Chinthaka, to Matale Police Station. The NHRC and the NPC were immediately informed about their situation by local human rights organizations. Police higher authorities immediately made inquiries about the matter and instructed Matale police to take Jayasekara Vithanage Saman Priyankara to a hospital. However, he was taken to a doctor with strict instructions that he should not reveal anything. Afterwards, he was taken back to the Matale Police Station. He was produced before a court on 8 July at 11 am. He made a detailed statement on the circumstances of his arrest and the treatment received to the judge, who recorded it and ordered that he be be produced before a JMO and taken to the Army Headquarters, as the police alleged that he was an army deserter. He was later released on bail. Susil Chinthaka was also released on bail. He was admitted to hospital. It is also reported that Jayasekara Vithanage Saman Priyankara’s wife has been harassed by unknown telephone callers who have been threatening to kill her and her husband.
1539. The Government informed that investigations by the SIU are in progress. The identities of the perpetrators have not yet been confirmed. To date the outcome of the medical examinations are not available.
1540. By letter dated 8 September 2004, the Special Rapporteur notified the Government that he had received the following allegations, to which the Government responded to some of them by letter dated 26 November 2004:
1541. Kurundukarage Eranjana Sampath, a 28-year-old businessman from Rannagala, Neboda. On 2 January 2004, he was arrested by the Officer-in-Charge (OIC) of the Thebuwana Police and taken to the police station, where he was kept in a cell until the following day. On 5 January he was taken to the office of the OIC, who reportedly slapped and beat him with a wooden pole on the soles, elbows, knees, fingers and toes. His mother went to the police station and pleaded to the OIC to stop beating him. However, she was in turn forced to beat her son with the pole. Kurundukarage Eranjana Sampath was produced before a judge on 6 January, although the law provides that a detainee should be produced before judicial authorities within 24 hours after the arrest. He was released on 7 January and admitted to Nagoda hospital. He was discharged on 9 January 2004. He sent a complaint to the Senior Superintendent of Police, the Inspector General of Police, the National Human Rights Commission and the National Police Commission. He also filed a fundamental rights application with the Supreme Court. After his case was filed, he was threatened to withdraw the complaint. He was also threatened by the above-mentioned OIC with being taken into custody and charged with fabricated allegations. He was arrested again on 22 May 2004 and handed over to the Thebuwana police on grounds that he had stolen a kitchen sink. He was produced before the Mathugama magistrate on 24 May 2004, who ordered him to be remanded until 1 June 2004.
1542. The Government informed that investigations by the SIU are in progress.
1543. Thusev Kamal Priyantha, a 25-year-old man from Magala North, Uragasmanhandiya, and Matarage Sudhrsana Priya Kumara, a 23-year-old man from “Lucky Sevena” Padagoda, Beruwala. On 26 April 2004, they were assaulted in the street in Beruwala by several police officers attached to the Aluthgama Police Station. They were beaten and kicked on the head, face, neck and genital organs. The police officers were allegedly inebriated. The two men were subsequently admitted in Ward No. 11 at the Nagoda General Hospital, Kalutara. Both sent a complaint to the Assistant Superintendent of Police on 26 April 2004. On 14 May 2004, the OIC of Aluthgama Police Station summoned them to the police station. He informed them that no measures could be taken because it was not possible to identify the perpetrators, and offered them Rs. 2,000 each to settle the case.
1544. The Government informed that investigations by the SIU are in progress.
1545. Ms. M. Piyawathi, aged 48. On 31 May 2004, three plain-clothes policemen came to her house and asked for a bottle of Kasippu (illicit liquor). It is reported that when she replied that she had none, the three men slapped her in the face, severely hit her on the hands, and kicked her in the chest. They searched her house and took Rs. 13,720 (about US$ 137) and a gold ring. Ms. Piyawanthi, her 16-year-old son and her 22-year-old sister were taken to Baduraliya Police Station. There, a doctor examined Ms. Piyawathi and gave her treatment for the cont usions she suffered. The Baduraliya Police charged them with obstructing police duty and brought them before the Matugama Magistrate courts. The magistrate ordered Ms. Piyawathi to be remanded for 10 days. The other two persons were released on bail. After her release on bail from prison, she lodged a complaint about the incident with the National Human Rights Commission and the National Police Commission.
1546. The Government informed that investigations by the SIU are in progress.
1547. Nanumuralage Roshan Jayaeera, a 26-year-old man from Welawa. He was summoned to Wariyapola Police Station on 14 July 2004. He was taken to a separate room and slapped several times by an officer from the crimes branch. The officer allegedly pulled his hair and questioned him about his whereabouts on 18 and 19 June 2004. The detainee was subsequently beaten with a belt. Afterwards, he was handed over to two other police officers who assaulted him for about 15 minutes. He was released on the same day. On 15 July, Mr. Jayaweera returned to the Wariyapola Police Station and complained to the Officer in Charge (OIC) about his assault by the police on the previous day. However, the OIC ignored Mr. Jayaweera’s allegations and his complaint was not recorded. On the same day, Mr. Jayaweera was admitted to Kurunegala General Hospital for treatment. During his stay, the police posted at the hospital took his statement, and a Judicial Medical Officer examined him.
1548. The Government informed that investigations by the SIU are in progress.
1549. Halneththi Susil Indrajith Silva, a 24-year-old carpenter from Paiyagal. On 20 July 2004, a group of police officers from Paiyagala Police Station entered his house and dragged him out. He was taken to the garden, where he was hit and kicked, including in the genitals, by the Officer–in-Charge. He fell to the ground and other officers forced him to stand and hit him with wooden sticks. He was dragged to a jeep and driven to the Paiyagala police station where he was placed in a cell. On 21 July 2004 at around 3:30 pm, he was brought before the Kalutara Magistrate on charges of possessing cannabis. His lawyer informed the magistrate that he had been beaten and subjected to other forms of torture and ill-treatment by Paiyagala police. The magistrate recorded Mr. Silva’s statement, documented his wounds and contusions, remanded him and gave orders to prison officials that he should receive necessary medical treatment and that a JMO report on his health conditions should be submitted. The incident was later reported to the National Human Rights Commission.
1550. The Government informed that investigations by the SIU are in progress.
1551. B. S., aged 17, M. N. S., aged 17, and Anthonysamy Anandakumar, aged 19, all from Tawalankoya, Ukuwela. On 22 July 2004, B. S. and M. N. S. were arrested without a warrant and taken to Matale Police Station. They were accused of having broken into a police officer’s house and stolen Rs. 12,000. During the detention, the two men were stripped of their clothes and blindfolded. They were beaten with iron rods, slapped and kicked by several police officers. B. S. was beaten on his chest and soles of his feet with cricket wickets, made to lie down flat on his face and beaten on the back and thighs. On 23 July 2004, Anthonysamy Anandakumar, a close friend of B. S. and M. N. S., was also taken to the police station. He was beaten and kicked, especially on the lower abdomen. The three detainees were later taken to a District Medical Officer (DMO), but were not provided with medical attention. The three of them were produced before a judge, released on bail on 24 July 2004 and immediately admitted to Matale Hospital. Although they informed the JMO and the DMO of Matale Hospital about the treatment subjected to while in custody, they were not examined properly.
1552. L. A. P. K., aged 14, and L. C., aged 15. On 7 August 2004, they were arrested by police officers of the Ambalangoda Police Station and taken to the station without their parents. At the station, the two children were stripped naked, blindfolded and beaten with wooden poles. The police told the parents that if they did not pay Rs. 3,000 the police would prosecute the two children and remand them for 14 days. The two boys were released on 9 August 2004 after their families paid the amount requested by the police. They were severely bruised and both suffered from contusions and depression. They were admitted to Balapitiya Government Hospital where they received medical treatment.
1553. Wijesekara Pathiranage Lionel Weerasinghe, a 33-year-old mason from Waguruhena, Matalapitiya, Walawela Matale. On 16 July 2004 at around 11 am, he was arrested by six plain-clothes officers from Yatawatta Police Station at work at a cinnamon plantation. He was put in a van and taken to his house without being given any explanation. There, he was beaten on the back with a wooden pole. He was later taken to Yatawatta Police Station, where he was told that he was accused of stealing cinnamon worth Rs. 80,000. He was ordered to squat and put his tied hands in front of his knees. The police inserted a pole between the back of his knees and his arms. He was lifted and suspended in this position. He was then severely beaten on the buttocks and the soles of his feet with an iron bar for about 90 minutes, while he was being made to turn like a wheel. He was later ordered to lie down on the floor and to take two tablets that the Officer–in-Charge gave him without telling him what they were for. Later the same day, some police officers pricked the tips of his left thumb and little finger with two needles and coerced him to make a false confession. As he denied the charges, the officers pricked the tips of his left toes with two needles. Afterwards, he was beaten again with a wooden pole for several hours. On the following day, he was subjected to similar treatment. While in police custody, he was provided with no medical attention. At around 8:30 pm on 17 July, he was taken to Matale Police Station. On the following day, he was produced before Matale magistrate court, which remanded him to Kandy Remand Prison. He was released on bail on 17 August 2004 and ordered to report to Matale Police Station every month. After his release, he made a complaint to the National Human Rights Commission and the National Police Commission about his case.
1554. B. G. C. B. J. (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, paras. 1463, 1510-1511). According to the new information received, the National Human Rights Commission opened an inquiry into this case. It found that the complaint made by the child was true and that four police officers of Ankumbura Police Station had violated his constitutional rights. However, no criminal action has been taken against the alleged perpetrators. The child and his mother are currently in hiding with the help of local human rights groups.
1555. By letter dated 16 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1556. Kadawatha Gedara Dharmasiri, aged 32, Ulpathagama village, Ella, Hasalaka. On 2 August 2004, near a shop in the village, he was accused of making illicit liquor and beaten by a policeman of the Hasalaka Police Station (whose name is known to the Special Rapporteur). He was injured seriously on the left hand, left arm, left rib cage, back and head. An official complaint with the Kandy Police Station, the National Police Commission and the National Human Rights Commission was filed. He has undergone treatment for his injuries at the Kandy General Hospital, including surgery on his left hand. He is still in pain from the injuries he suffered. On 17 October, the day before the hearing for the illicit liquor charge before the Mahiyangana Magistrate Court, he was visited by policemen of the Hasalaka Police Station, threatening him to drop the complaints made against the policeman and not to attend the court hearing. He was threatened by them again the next morning. At the hearing he pleaded not guilty, was released on bail, and the case was scheduled for a hearing on 13 December. He has reportedly been harassed by the local police since then.
1557. Heeralu Mohottalalage Punchi Banda, aged 39, a farmer, Himbiliyagahawatte, Weheragoda, Halpe, Balangoda. On 26 August 2004 at about 4.30 pm, he was dragged out of his house by a sub-inspector and sergeant of the Samanalaweva Police Post, Balangoda (whose names are known to the Special Rapporteur). He was hit on the head, including with a wooden pole, and kicked all over the body by the officers, who were searching for a trap gun. The sub-inspector wound a nylon rope around his head until his neck bled. Mr. Punchi Banda’s hands were bound behind his back with nylon rope and taken 1km inside a wooded area to search for the gun. He was brought back to the road near his house, boarded onto a bus and taken to the Samanalaweva Police Post, where they arrived at 8.30 pm. Inside, he was handcuffed to a table leg and forced to sit on a mat until 6am the next day. He was not provided medical attention. He was taken by the sub-inspector to the Oluganthota Government Hospital, and threatened not to say anything about the beatings. On 27 August he was produced before the Balangoda Magistrate Court, his statement about the police assault was recorded, and he was remanded in custody. He is released on bail. He is suffering from pain in his neck, head and chest as a result of the treatment suffered.
1558. Rathnasiri Senadheera, aged 42, Akkara, Ilambe Junction, Horana. On 29 September 2004, he went to the Horana Police Station to bring his brother, who was in police custody, some lunch. The sub-inspector (whose name is known to the Special Rapporteur) seized him by the neck and dragged him inside the station. Rathnasiri Senadheera was hit by the sub-inspector against a wall several times in front of his brother. He was beaten with fists on his abdomen and chest for 15 minutes until another policeman intervened. He was admitted to Horana District Hospital for five days.
1559. Welgama Ralalage Wijitha Herath, aged 40, a business man. On 5 September 2004 at 4 pm, he was kicked and beaten from behind as he went to visit persons detained at the Polgahawela police station. He was taken to the Officer-in-Charge’s (OIC) room, where the OIC beat him with a Kitul tree pole. After around nine strokes, he was ordered to the police station compound and told to remove his shirt and fold his sarong. The OIC struck him with the pole around 15 times, and ordered him to crawl around the compound. He was kicked repeatedly and later taken to a cell and beaten for about 15 minutes. Mr. Wijitha Herath was taken by the police to the Polgahawela Government Hospital and produced before a doctor, who without examining him provided a report. He was returned to the police station, released on bail, and taken by his family back to the hospital for treatment.
1560. Horathelpedige Vijitha Dammika Nimalasiri, aged 25. At about 2 am on 5 September 2004, he was taken by four plain-clothes police officers and a uniformed officer (whose names are known to the Special Rapporteur) to Veyangoda Police Station without being informed of the reason for his arrest. He was beaten by the policemen on the chest, stomach and buttocks before boarding the vehicle, and once inside, he was beaten with rifle butts and trampled. At the station he was taken to a dark room and ordered to take off all his clothes. Four policemen ordered him to lie on a wooden box, face downwards and raise his legs. They began to hit the soles of his feet with wooden sticks for about 15 minutes. After that, he was turned face up and struck on his soles, knees and genitals. He was then turned face down, and forced to inhale from a plastic bag containing petrol that was tied to his neck. This process continued three times and he fell unconscious. When he regained consciousness at about 6 am, he was beaten by the police driver until he fell unconscious. He was put in the lock-up and at around 10 am released after a statement was recorded. He was hospitalized at the Gampaha Hospital on 10 September.
1561. Ranawaka Arachchige Hemasiri, aged 40. On 19 September 2004, he was detained by officers from the Kuruwita Police Station. At 2.10 am on the morning of 20 September 2004, he was beaten by two police officers (whose names are known to the Special Rapporteur). Through the iron bars of the cell he was held by one officer while another beat him on his lower abdomen with a broomstick. After four or five beatings, he fell to the floor in pain and remained there throughout the night without any medical assistance. When his wife went to the police station on the morning of 20 September, the victim informed her that the police had tortured him. On the same day at 4 pm, after he signed a statement that he had not read, he was taken to the Ratnapura General Hospital. He was examined by a doctor in the presence of a policeman and told him of the torture. He was later brought before the Ratnapura Magistrate, who remanded him in custody. At 7 pm his leg was shackled to a bed by a prison guard. By 21 September, because he could not pass urine, a catheter was inserted. He remained like this until 24 September, when he was transferred to Kuruwita prison, then to Welikade Prison Hospital, where he received treatment until 29 September. On 30 September, he was taken to Ratnapura Magistrate Court. His lawyer entered a guilty plea, despite not having received instructions to do so, and did not inform the court of the torture, he was found guilty of illegal possession of liquor, and fined.
1562. Herman Quintus Perera, aged 40. On 3 October 2004, two police officers of the Pollonawa Police Station arrived at the restaurant where he was working and asked for a bottle of liquor. Herman Quintus Perera refused because it was illegal to sell alcohol on that day. The officers left the restaurant, returned with a police jeep loaded with policemen and assaulted Herman Quintus Perera and other employees of the restaurant. He and three other employees were taken away in a jeep. On 4 October, the assistant manager was informed at the Pollonawa Police Station by the arrested employees that Herman Quintus Perera was not with them in the cell. He was later found in the morgue. The assistant superintendent of police claimed that the police raided the restaurant for illegal alcohol and that Herman Quintus Perera was killed in the ensuing fighting. It is reported that the officers involved did not corroborate this version of events.
1563. By letter dated 30 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1564. Pushparaj Kanagaraj, aged 20, Arnest Place, Rawathawatta, Moratuwa. On 23 September 2004, he was arrested at his workplace by four officers from the Pussellawa police station on suspicion of criminal damage of a bus. He was taken by van to the police station. En route, he was beaten by the officers. He was brought to the station at 9 pm, and a police officer entered his cell and beat him on the buttocks, back and legs with a wooden pole. He was ordered to sit down and beaten on the soles and hands while he was holding his knees in a bent position. During the beating he was accused of stealing a CD player. The beating continued until 1 am on 24 September. At 5 pm he was produced before the Gampola Magistrate and remanded in custody at the Kandy prison. No treatment for his injuries was provided at the prison. He was released on bail on 7 November. No investigations have been carried out.
1565. Edirisuriyage Ravindra Kumara, aged 23, Diyagama, Galpatha. On 14 October 2004 at 1.45 pm, he was arrested near his home at the Diyagama junction by several officers, including a sub-inspector, of the Kalutara North police station. He was taken to a residence where some items had been stolen, and was beaten by the sub-inspector when he denied knowledge of the stolen items. He was then taken by police jeep to the police station and placed in a cell. Some time later, the sub-inspector took him to the station’s kitchen and was beaten. He was ordered by several officers to kneel on the ground and his hands were bound behind his back. The officers began to bite and kick him. Then his hands were untied and he was forced to lie on the floor. The officers began to hit him with an iron bar, beating the soles of his feet, his legs, and his buttocks. During the beating the officers yelled at him to confess to the theft. On 15 October 2004, he went before the Kalutara Magistrate, testified that he was assaulted by the police officers, and showed the injuries that had sustained. He was charged with the theft and remanded in custody at the Kalutara prison. When he arrived at the prison, he was beaten by the police. On 19 October, he was taken to the Nagoda Hospital where a doctor examined him and was then returned to the prison. On 28 October 2004, he was discharged from prison. Despite his complaints of ill-treatment no investigations have been conducted.
Urgent appeals
1566. On 16 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding Michael Anthony Emanuel Fernando (cited in previously transmitted communications, E/CN.4/2004/56/Add.1, paras. 1465 and E/CN.4/2004/62/Add.1, para. 684). Mr. Fernando has complained on several occasions about serious threats to his life in reprisals to the complaints of human rights violations he has made to Sri Lankan courts as well as to the United Nations Human Rights Committee. On 9 January 2004, the Committee has issued interim measures requesting the State party, while the communication is under consideration by the Committee, ‘to adopt all measures necessary to protect the life, safety and personal integrity’ of Mr. Fernando and his family members ‘so as to avoid irreparable damage to them’. According to the allegations received, on 2 February 2004, he was admitted unconscious to the Kalubowila Hospital after he was sprayed in the face with chloroform. Mr. Fernando was discharged from the hospital on 7 February 2004. He was accompanied home by the two policemen who were guarding him in the hospital. A request for further protection has yielded no outcome, and he was forced into hiding.
1567. By letters dated 2 and 3 December 2004, the Government informed that a police investigation is in progress. On 2 February 2004 a statement was recorded from him. He was unable to name the suspects or provide the police with the license number of the vehicle that the perpetrators came in. Action will be taken against any credible evidence into the alleged threats. His residence is under police surveillance. He is currently residing in Hong Kong. In the past, complaints of security threats have been made by asylum seekers to bolster their asylum applications outside Sri Lanka.
1568. On 3 May 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to health, regarding Koraleliyanage Palitha Tissa Kumara. According to the allegations received, he is held at the Remand Prison, Kalutara, where he is not provided with adequate medical attention for injuries he sustained as a result of torture in detention. He was arrested on 3 February 2004 and detained at Welipenna Police Station, Kalutara district, until 6 February. The sub-inspector (whose name is known to the Special Rapporteur) assaulted him with a cricket post on the neck, back, ears, head, hands, buttocks, ankles and knees; injuries which are reportedly visible on the body. Mr. Kumara reportedly cannot stand and has injuries on the left side of his face, which prevents him from sleeping on that side. His right wrist was severely injured as a result of being handcuffed to the iron rails of the cell and pushed around. The sub- inspector hit Mr. Kumara on his chin with a gun. Another detainee, who had tuberculosis, was forced to spit into Mr. Kumara’s mouth. He is reported to have experienced vomiting, as well as coughing up blood. Mr. Kumara initially was denied medical treatment for his injuries. Before he was taken to a magistrate, Mr. Kumara was forced by the sub- inspector to place his thumbprint on a grenade. On 12 February, he was sent to the Judicial Medical Officer of Colombo for examination.
1569. By letter dated 29 November 2004, the Government informed that investigations by the SIU are in progress.
1570. On 4 June 2004 the Special Rapporteur sent an urgent appeal regarding Vidanalage Dinesh Tharinda de Mel, 21 years old. According to the allegations received, around 9pm on 1 June 2004, the Moratuwa Police arrested him at Laxapathiya. The reason for his arrest is unknown. When the victim’s mother went to the Moratuwa Police Station to see her son on 2 June 2004, Vidanalage Dinesh Tharinda de Mel told her that the police tortured him; his right hand was broken, and he was unable to walk because of beatings on the soles of his feet. When she returned at 5 pm to take her son on the instructions of the OIC, the officer who had arrested her son chased her away. She waited until 9.45 pm outside the police station but her son was neither released nor produced before a magistrate. On 3 June, when she went to the police station again, she discovered that her son was taken to the Dehiwala Police Station as the officer who arrested him was from there. There she was told no such person was brought there despite sighting him at the station.
1571. On 8 July 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions regarding Koralaliyanage Palitha Tissa Kumara (cited in a previously transmitted communication). According to the allegations received, a fundamental rights case is pending before the Supreme Court concerning torture, illegal arrest and detention. It is however reported that the alleged perpetrator continues to work at the Wellipena Police Station. On 16 June 2004, Koralaliyanage Palitha Tissa Kumara was informed that he would receive 500,000 rupees from the police if he withdrew his complaint about the treatment received in custody. He also received another message according to which his wife and child would be crushed to death by a vehicle if the complaint was not withdrawn. On 4 July 2004, a police constable believed to belong to the Wellipena Police Station came to his house and told his wife to withdraw their complaints against the police or they would not live very long. The NPC and the NHRC have been informed about these reported threats.
1572. On 8 July 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on extrajudicial, summary or arbitrary executions regarding Mr. Jayasekara Vithanage Saman Priyankara, a 32-year-old poultry farm owner. According to the allegations received, on 5 January 2004, he was arrested at his place by police officers in plain clothes from Matale Police Station. At the time of his arrest, he was hit on the cheek and back. In Matale Police Station, boiling water was poured over his right thigh and genitals. He was kept in a cell for a whole night without being given food, water or medication other than some oil for his burns. On the following day, he was asked to leave the police station by the rear door and warned that he would be killed if he reported the incident or sought medical assistance. Although he first complied with these instructions, he went to Kandy General Hospital on 21 January 2004. He also filed a complaint with Kandy Police Station. On 31 January 2004, his statement was taken at Matale Police Station. A fundamental rights application was filed with the Supreme Court on 2 February 2004. On 7 July 2004, about ten policemen from Matale Police Station went to his house and reportedly beat him severely. He was taken to Matale Police Station, where he is currently held.
1573. On 24 September 2004, the Special Rapporteur sent an urgent appeal, regarding S. Channa Prasanka Fernando, a 27-year-old man from Negombo. According to the allegations received, on 13 June 2004, he was severely assaulted by police officers at Negombo Police Station. He subsequently filed a complaint with the Inspector General of Police. Following his complaint, he reportedly received a series of threats by a sergeant (whose name is known to the Special Rapporteur). He also informed the Inspector General of Police about the threats made against him. On 15 September 2004, he was abducted, and put in a van by a group of people. In the van, the above- mentioned sergeant threatened him and hit his head with a pistol, as a result of which he lost consciousness. He woke up on the following day in an unknown place, with his hands tied and his mouth stuffed with cloth. Later that day, the sergeant came in the room and assaulted and threatened him to withdraw his complaint. On 17 September, he repeated the same threat until S. Channa Prasanka Fernando wrote a letter stating that he withdrew all complaints against the sergeant. He was also forced to write a letter to his mother stating that he wanted to voluntarily commit suicide. Upon writing these two documents, he was beaten on the head, as a result of which he lost consciousness again. He was later released. He filed a complaint with a nearby police station and was taken to Negombo Hospital, where he was treated for two days. According to medical reports, he presented numerous marks on his body suggesting that he had been beaten with a cable and that he had been hit on the forehead with another object.
1574. By letter dated 26 November 2004, the Government informed that investigations by the SIU are in progress.
1575. On 8 November 2004, the Special Rapporteur sent a joint urgent appeal with the the Specia l Rapporteur on extrajudicial, summary or arbitrary executions, regarding H. L. S. K., and his mother (cited in a previously transmitted communications, E/CN.4/2004/56/Add.1, para. 1512). According to the allegations received, the fundamental rights application by H. L. S. K. against the police officers allegedly responsible for his torture is scheduled to be heard on 10 December 2004 by the Supreme Court. Threats by the perpetrators against him and his family to withdraw the case have intensified. 1576. On 22 November 2004, the Special Rapporteur sent an urgent appeal, concerning Gerald Mervin Perera (cited in previously transmitted communications, E/CN.4/2003/68/Add.1, para. 1571, and E/CN.4/2004/56/Add.1, para. 1557). According to the allegations received, on 21 November 2004 around 11.15 am, he was shot and seriously injured while travelling to work at the Colombo dockyards. After he boarded the bus at Welisara, an unidentified person, who was riding in a car bearing licence plate No. 65-68-39, also boarded the bus. He walked to where Gerald Mervin Perera was sitting in the back row and shot him. The gunman then fled in the same car. The bus driver drove directly to Ragama General Hospital, and after some treatment Gerald Mervin Perera was dispatched to the Colombo main hospital for emergency services. His condition is reportedly critical. On 4 April 2003, Gerald Marvin Perera reportedly obtained the highest compensation payout for a fundamental rights application from a Supreme Court decision, in relation to a claim of torture by police officers of the Wattala Police station. He is currently the complainant in the criminal case at the Negombo High Court against the officers. In recent weeks, Gerald Mervin Perera has been harassed to withdraw the case. Family sources say that a group of policemen visited his house recently to pressure him to withdraw the case. The defendants have been visiting other persons known to Gerald Perera to ask them to have him withdraw the case. A provincial council member of Mabole has also visited his house for this purpose.
Follow-up to previously transmitted communications
1577. By letter dated 16 December 2002, the Government provided information concerning Sarathambal Saravanbavananthakurukal (E/CN.4/2001/66, para. 958). The Government informed that the Criminal Investigation Department (CID) had conducted a comprehensive investigation into the alleged incident, which so far had not resulted in the identification of the perpetrators. On 17 August 2002, the Attorney General’s Department advised the CID that a criminal prosecution could not be launched and that there would be no need to conduct further investigations into this case. However, the CID was further advised that if any new information on other material relating to the perpetration of this offence was received, investigations should be recommenced.
1578. By letter dated 24 December 2003, the Government provided information concerning Velu Arshadevi (E/CN.4/2003/75/Add.2, para. 176). The Government informed that soon after the victim made a complaint to the police, immediate action was taken to investigate the incident. Four suspects were identified, arrested and remanded within 48 hours. Further, the Attorney General appointed a State Counsel to advise the police in the investigation. At an identification parade conducted by the Maligakanda Magistrate the victim identified two of the suspects arrested, both of whom were Reserve Police Constables. Consequently, steps were taken to demobilize both of them. The police concluded the investigations and have sent the investigative material to the Attorney General to institute criminal proceedings against the suspects. The police on the advice of the Attorney General instituted non-summary proceedings in the Magistrates Court against two police constables and three army personnel. After having reviewed all the evidence presented to him, the Magistrate committed the three accused to stand trial in the High Court. As a result of the committal, the Army personnel who stood accused were suspended from service. The Supreme Court awarded Rs.150, 000 as compensation payable by the State to the victim for the violations caused to her rights. The significance of this judgement lies in the fact that the Supreme Court for the first time held that rape amounted to torture. An undertaking was given to the Court by the State that criminal proceedings would be instituted against the suspects.
1579. Poomany Saravanai (E/CN.4/2003/68/Add.1, para. 1614). The Government informed that the Kopay police conducted investigations into the incident on a complaint received from the victim. The stolen jewellery was recovered and handed over to her by the Court. Two suspected army personnel have been arrested and were produced before the Jaffna Magistrate’s Court. They were charged in court for rape and non-summary proceedings are in progress.
1580. A 33-year-old mother (ibid, para. 1613). The Government informed that it cannot undertake a criminal prosecution since the identity of the victim cannot be ascertained with the information given. The Government welcomes further details of the incident from the Special Rapporteur.
1581. A mother of two children (ibid, para. 1611). The Government informed that it cannot undertake a criminal prosecution since the identity of the victim cannot be ascertained with the information given. The Government welcomes further details of the incident from the Special Rapporteur.
1582. Nandini Herat (E/CN.4/2003/68/Add.1, paras. 1628, and E/CN.4/2004/56/Add.1, para. 1498, 1572). The Government informed that the Attorney General decided to indict the accused police officers under the Torture Act. The case was taken up on 5 November 2003 at the High Court, Kurunegala. The next trial date is 16 February 2004.
1583. By letter dated 24 December 2003, the Government provided information concerning:
1584. Kandaiyan Udayakumaran (E/CN.4/2003/68/Add.1, para. 1620). The Government informed that he was taken into custody by the navy to be questioned in connection with terrorist acitivities. He was pronounced dead when admitted to Mannar hospital by the navy personnel. Mannar police initiated investigations into the incident and a magisterial inquiry was held. The District Medical Officer of Mannar who conducted the post-mortem reported that the death was caused by strangulation. Accordingly, the suspects were later indicted in the Anuradhapura High Court and the case is pending.
1585. W. A. P. Jayaratne (ibid, para. 1619). The Government informed that Mahawela police conducted investigations into the incident on information provided by Nalanda Hospital. It was reported that a person in an army uniform and several others brought a body to the hospital on 20 June 2001. They did not identify themselves or disclose the cause of death. The deceased was in an army uniform and there were multiple injuries on his body. The police reported the incident to Paldeniya Magistrate on 21 June, and a post-mortem was conducted. Five army personnel at the Koholanwala army camp were arrested, charged and later indicted in the High Court for murder.
1586. Jayakodige Anura Wijesiri (ibid, para. 1623). The Government informed that the Attorney General’s Department received a complaint on 21 November 2001 from the father of the alleged victim. The Assistant Superintendent of Police of Horana, who conducted the investigation, forwarded the file to the Attorney General’s Department on 1 April 2002. According to the post- mortem report, the death at the Ingiriya police station was due to a suicide, and therefore no further action was taken. On the direction of the Inspector General of Police, the Special Investigations Unit conducted investigations into the alleged assault of the victim prior to his suicide. The decision by the Attorney General not to institute criminal proceedings was again arrived at upon an examination of the findings.
1587. By letter dated 24 December 2003 the Government provided information concerning:
1588. Jeyanthi Veerasingham (ibid, para. 1616). The Government informed that the SIU established that she was arrested by army personnel of the Sanasa army camp while the y were doing a check on civilians on 17 February 2001. She was handed over to the 211 field headquarters for further investigations. When the army personnel were about to check her she swallowed a cyanide capsule, a well-known modus operandi of the Liberation Tigers of Tamil Eelam (LTTE). She was rushed to Vavuniya Hospital where she died. The post-mortem report concluded that the death was caused due to cyanide poisoning. There was no evidence of torture or rape. Four bruises were found on the left and right cheeks of her face, which were reportedly as a result of attempts by a female soldier to prevent Jeyanthi Veerasingham from swallowing the capsule. A verdict of suicide was returned. The SIU found no evidence to allege that she was raped or subjected to torture prior to her suicide. Its report is forwarded to the Attorney General’s Department for advice.
1589. S. Umadevi (ibid, para. 1617). The Government informed that the SIU recorded a statement of the accused police officer, who stated that on 13 September 2001, a complaint was duly recorded and dispatched to nearby police stations. However, the victim’s father stated that when he went to make a complaint, the police officer suggested that his daughter might have eloped and that he should return in two days if she did not reappear. The police officer recorded the complaint after he insisted. The same evening the victim’s body was found at Mallanda bridge. Suspects for the murder were produced before the court on 9 January 2002 and the case is proceeding. The SIU concluded that there was no evidence to justify disciplinary action against the police officer, and none was taken by the police department.
1590. By letter dated 23 March 2004, the Government provided information concerning W. A. Dhanapala Perera (E/CN.4/2004/56/Add.1, para. 1501). The Government informed that the Supreme Court ordered the perpetrators to pay compensation and costs to W. A. Dhanapala Perera, and ordered the Superintendent of Police and the Inspector General of Police to take appropriate action against the officers. Furthermore an initial inquiry was initiated by the Senior Superintendent of Police, Kaluthara. Charges were brought against the concerned officers for torture on 22 July 2003, and the relevant inquiry is in progress. Simultaneously, the Special Investigations Unit forwarded extracts of its investigation notes to the Attorney General’s department on 11 January 2004 seeking advice as to whether there is a possibility to consider charges against the officers under the Convention aga inst Torture Act. The matter is under consideration at present.
1591. By letter dated 23 March 2004, the Government provided information concerning Indrani Silva (E/CN.4/2004/56/Add.1, para. 1504). The SIU is conducting an investigation into the case. Steps will be taken in due course to record statements by the witnesses. 1592. By letter dated 23 March 2004, the Government provided information concerning Sathasivam Rathykala (E/CN.4/2004/56/Add.1, para. 1502). The Government informed that the SIU commenced an investigation into the allegation and forwarded extracts of the investigation notes to the Attorney General’s department seeking advice on the institution of criminal proceedings against the police officers under the Convention Against Torture Act. The matter is under consideration by the Attorney General at present.
1593. By letter dated 23 March 2004, the Government provided information concerning Velmurugu Thanalauxmi, Velmurugu Thangeswaray and Thamotharam Yokampikai (E/CN.4/2003/68/Add.1, para. 1612). The Government informed that the three women in their statements to the SIU categorically denied that they were raped. They further stated that it was a report published to bring disrepute to the Sri Lankan Army. The Grama Niladhari (Village Officer) of the area where the women were living confirmed that such an incident did not take place, and the SIU decided to terminate the investigation.
1594. By letter dated 23 March 2004, the Government provided information concerning W. Sujeewa Priyadarshana (E/CN.4/2003/68/Add.1, para. 1621). The Government informed that he was admitted to Nagoda General Hospital for treatment as he suddenly fell ill where he died. According to the post-mortem conducted by the JMO of the hospital on 1 February 2001, it was revealed that the cause of death was epilepsy. The findings were confirmed by JMO of Colombo. According to the reports there was no evidence that the victim had been assaulted or injured while in custody. The Attorney General’s department advised the Special Investigations Unit that it was not possible to initiate a criminal prosecution, and the investigation was terminated.
1595. By letter dated 23 March 2004, the Government provided information concerning:
1596. Hetti Kankanamalage, Chandana Jagath Kumar, and Ajith Shantha Kumana Peli (E/CN.4/2004/56/Add.1, para. 1462). The Government informed that the SIU commenced an investigation into this allegation and forwarded extracts of the investigation notes to the Attorney General’s Department on 12 December 2003. The matter is under consideration by the Attorney General at present.
1597. Ramiya Saravanarajah, Ramiya Dhanapala Singham and Murugaiya Prabhakaran (ibid, para. 1464). The Government informed that the SIU conducted an investigation into this case. The three men attacked the three-wheeler and its driver. The police arrested them for their wrongful conduct and produced them before the Hatton Magistrate Court. Ramiya Saravanarajah, Ramiya Dhanapala Singham and Murugaiya Prabhakaran were remanded on 15 July 2003 and later released on bail. After three days they lodged a complaint with the Assistant Superintendent of Police on 18 July 2003, and were admitted to the Nuwara Eliya Government hospital. However they had not complained to the Hatton Magistrate of the alleged treatment in detention at the Hatton Police Station despite the opportunity to do so. There was no evidence that the police officers assaulted the victims during the period of detention. The District Medical Officer’s report revealed that at the time of the arrest the above-named persons were under the influence of alcohol. The notes of the investigation were sent to Attorney General’s Department for advice and the matter is under consideration.
1598. Michael Anthony Fernando (ibid, para. 1465). The Government informed that he submitted a communication under the Optional Protocol to the International Covenant on Civil and Political Rights to the Human Rights Committee in relation to the alleged infringement of his rights. The Government has submitted its response on the admissibility and the merits of the communication, and the matter is pending before the Committee.
1599. S. I. M. Nazer (ibid, para. 1466). The Government informed that arrangements are being made by the SIU to go to Kantale to trace the alleged victim and record a statement.
1600. J. Tahsleem (ibid, para. 1467). The Government informed that the SIU took action to record his statement on the alleged incident, but so far all attempts have been unsuccessful. By letter dated 3 December 2004, the Government informed that attempts to locate the victim have failed, including through newspaper notices [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur], and therefore the SIU is unable to proceed further.
1601. Sellathurai Kanthen (ibid, para. 1468). The Government informed that the SIU made several attempts to trace the victim through the Sri Lanka Monitoring Mission as he is reportedly living in an uncleared area; under the control of the LTTE. No responses to the letters of the Monitoring Mission have been received. The SIU is unable to proceed with further investigations at this stage. By letter dated 3 December 2004, the Government informed that attempts to locate the victim have failed, including through newspaper notices [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur], and therefore the SIU is unable to proceed further.
1602. Thankarajaha Thanapalan (ibid, para. 1469). The Government informed that the SIU made attempts to trace the victim, without success, and therefore the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator it is essential that the victim gives evidence recounting the details of the incident before the trial court. The Government seeks further information from the Special Rapporteur to locate Thankaraja Thanapalan and to obtain a statement from him.
1603. Manokaran Prakalatharan (ibid, para. 1470). The Government informed that the SIU made several attempts to trace the victim, including through the Sri Lanka Monitoring Mission as he is reportedly living in an uncleared area. However, no responses to the letters of the Monitoring Mission have been received. Since all attempts to trace his whereabout have failed, the SIU is unable to proceed with further investigations. By letter dated 3 December 2004, the Government informed that attempts to locate the victim have failed, including through newspaper notices [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur], and therefore the SIU is unable to proceed further.
1604. Mahooroff Musamil (ibid, para. 1471). The Government informed that the SIU is investigating the case, and arrangements are being made to record a statement from the victim.
1605. A. D. Ajith Rohana Chandrakumara (ibid, para. 1472). The Government informed that the SIU commenced an investigation into this allegation and on completion, forwarded extracts of the investigation notes to the Attorney General’s Department, where it is under consideration.
1606. Paskaran (ibid, para. 1473). The Government informed that the SIU commenced an investigation into this allegation, and visited the police division of Batticaloa, Vakarai to locate his whereabouts. Regrettably all the official documents were destroyed due to a terrorist attack on 11 December 2001 and there are no documents left to trace Paskaran. The Government is therefore unable to undertake a criminal investigation as the identity of the victim cannot be ascertained with the information given by the Special Rapporteur. Further details of the incident to enable the relevant authorities to conduct an investigation is welcomed.
1607. T. Tharmarajan (ibid, para. 1474). The Government informed that the SIU is making arrangements to record a statement by the alleged victim, the Judicial Medical Officer and the accused police officers. Statements have been recorded by witnesses to the alleged incident. By letter dated 3 December 2004, the Government informed that attempts to locate the victim have failed, including through newspaper notices [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur], and therefore the SIU is unable to proceed further.
1608. V. Rajandran (ibid, para. 1475). The Government informed that the SIU recorded his statement on 28 November 2003. He stated that he does not want an investigation into this allegation and has further given an affidavit to this effect. Therefore, the SIU was advised to terminate the investigations. By letter dated 3 December 2004, the Government provided the Special Rapporteur with a copy of his affidavit.
1609. V. S., S. J., S. S. and K. J. (ibid, para. 1476). The Government informed that the SIU has recorded statements of V.S. and K. J. Attempts are being made to locate S.J., who is reported to be living in an uncleared area. Further investigations revealed that S. S. is evading arrest in connection with a burglary and therefore it is not possible to commence any investigation into this inc ident. By letter dated 3 December 2004, the Government informed that S. S. withdrew his complaint by submitting an affidavit, affirming that he had not been tortured or assaulted by any police official. The SIU has been unsuccessful in locating S.J. to record a statement, including through notices in the newspaper [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur].
1610. Santhirlinkam Inpasanthiran (ibid, para. 1477). The Government informed that the SIU has recorded his statement and obtained documents from Vavuniya Police. Further investigations are underway.
1611. Arumugam Manookaran (ibid, para. 1478). The Government informed that the SIU has obtained relevant documents from the Vavuniya Police Station, and further investigations are underway.
1612. Gunanayagam Kitnamoorthi (ibid, para. 1479). The Government informed that the SIU has been sent to the Senuwara Police Station to record statements by the alleged victim and witnesses.
1613. L. M. Lalith Deshapriya (ibid, para. 1480). The Government informed that the SIU is making arrangements to record a statement from the alleged victim.
1614. S. and A. T. (ibid, para. 1487). The Government informed that the SIU had gone to Trincomalee to record statements by the alleged victims. By letter dated 3 December 2004, the Government informed that attempts to locate the victims have failed, including through notices in the newspapers [copies published in September 2004 in four different Tamil newspapers were provided to the Special Rapporteur], and therefore the SIU is unable to proceed further.
1615. Padukkage Nishantha Thushara Perera (ibid, para. 1488). The Government informed that the SIU commenced an investigation and forwarded extracts of the investigation notes to the Attorney General’s Department on 23 December 2003, where it is under consideration.
1616. D. P. (ibid, para. 1489). The Government informed that the SIU commenced an investigation and upon completion, forwarded extracts of the investigation notes to the Attorney General’s Department on 13 November 2003, where it is under consideration. 1617. Mohamad Ameer Mohamad Riswan, Suppaiya Ravichandran and Abdul Karim Mohamad Roshan Latief (ibid, para. 1490). The Government informed that the SIU has recorded statements of the alleged victims, and arrangements are being made to record the statements of witnesses.
1618. Ajith (ibid, para. 1493). The Government has informed that it cannot undertake a criminal investigation as the identity of the victim cannot be ascertained with the information given. Further details of the incident to enable the relevant authorities to carry out an investigation would be welcomed from the Special Rapporteur. By letter dated 18 May 2004 the Government requested the Special Rapporteur to provide his full name to assist in locating the alleged victim.
1619. Garlin Kankanamge Sanjeewa (ibid, para. 1494). The Government informed that the SIU conducted an investigation into this case and concluded that the evidence revealed that the death was a suicide. It has forwarded extracts of the investigation notes to the Attorney General’s Department, where the matter is under consideration.
1620. Okanda Hevage Jinadasa (ibid, para. 1495). The Government informed that the SIU is conducting an investigation into this case. Some of the body parts were sent to Government’s analyst for further investigations.
1621. Kurupanawa Gamage Nihal (ibid, para. 1496). The Government informed that the SIU recorded statements from the alleged victim, from several witnesses and the District Medical Officer of the Udugama Hospital. Arrangements are being made to record a statement by the suspected police officers.
1622. L. and M. Shantbythevi (ibid, para. 1497). The Government informed that the SIU commenced an investigation into this allegation and forwarded extracts of the investigation notes to the Attorney General’s Department on 12 January 2004, where it is under consideration.
1623. Saliva Padma Udava Kumara (ibid, para. 1499). The Government informed that the SIU recorded statements of the victims, his parents and other witnesses and the suspected police personnel. Saliva Padma Udava Kumara stated that he was never arrested nor assaulted by any officer of the Wattegama police. After the investigations, the SIU forwarded the investigation notes to the Attorney General’s Department seeking advice on further action. The investigations conducted revealed that the complaint was false and made by the relatives due to a family dispute.
1624. By letter dated 6 July 2004, the Government provided further information concerning Vijayaratnam Subashini (E/CN.4/2003/68/Add.1, para. 1605-1606). The Government informed that following her release on bail, she had given her address in an area not controlled by the security forces. All attempts made to trace the victim have failed, and the authorities have been compelled to suspend the investigations.
1625. By letter dated 6 July 2004, the Government provided further information concerning:
1626. Rajaratnam Thevaratnam (E/CN.4/2003/68/Add.1, para. 1557, and E/CN.4/2004/56/Add.1, para. 1550). The Government informed that because it has been unable to contact him for a second statement to identify the perpetrators, it has been compelled to suspend the investigations.
1627. Sivaguru Ravaneethan (ibid, para. 1528, and E/CN.4/2004/56/Add.1, para. 1535). The Government informed that he left the address provided by his relatives, and that his present whereabouts are unknown. Therefore it has been compelled to suspend the investigations.
1628. Krishnasamy Thiviyan (ibid., para. 1490, and E/CN.4/2004/56/Add.1, para. 1515). The Government informed that the Attorney General has decided that the evidence was not sufficient to institute criminal proceedings against any suspected officer. However he has advised the Crimes Directorate to undertake disciplinary action against the officer who arrested Krishnasamy Thiviyan, as it was revealed that he suffered some injuries.
1629. By letter dated 26 November 2004, the Government provided information concerning Michael Colin David (E/CN.4/2004/56/Add.1, para. 1500). The Government informed that investigations by the SIU are in progress.
1630. By letter dated 2 December 2004, the Government provided information concerning B. C. B. J., U. and B. P. K. (E/CN.4/2004/56/Add.1, para. 1463). The Government informed that the SIU has almost completed its investigation. Statements were taken from those taken into custody and of 20 witnesses. The Judicial Medical Officer of the Kandy Hospital reported that B. C. B. J. had grievous injuries caused by a blunt weapon, which was confirmed by a subsequent examination by another Judicial Medical Officer. Once the investigation has been completed the report will be forwarded the Attorney-General for further action.
Observations
1631. By letter dated 22 April 2004, the Government responded to the observations of the Special Rapporter in his report, E/CN.4/2004/56/Add.1, paras. 1575-1577. The Government stated that the concluding observations made by the Special Rapporteur with reference to Sri Lanka are based on selective quotations from human rights treaty bodies without due reference to the responses sent by the Government. For instance, the periodic report by Sri Lanka to the Committee on the Elimination of Discrimination against Women, which is quoted by the Special Rapporteur, refers to the third and fourth periodic reports and do not reflect current positive developments as a result of the peace process which has continued without interruption for the last two years. The observations on the issue of corporal punishment also quote pre-independence colonial legislation dating back to 1889 and 1939 and does not take into account current administrative practice and recent positive developments (i.e. 30 March 2001 circular). Further, the Government refuted the contention of a restricted definition of torture in its legislation. The Sri Lankan courts have a tradition of giving liberal interpretation to domestic legislation expanding the scope of fundamental rights and giving effect to Sri Lanka’s obligations under relevant international instruments. The courts have also read into domestic legislation provisions of the relevant international legal covenants dealing with human rights.
1632. By letter dated 19 May 2004, the Government provided information on a directive issued by the Human Rights Commission, entitled “Zero tolerance policy on torture”, issued on 19 April 2004. The elements of the policy included, among other things, the setting up of a 24-hour special unit for torture and emergency cases; investigation into torture cases within 24 hours of the incident being reported; in the case of an adverse medical report, summoning before the Human Rights Commission the officer-in-charge of the police station where the death in custody took place; and discussions with the Police Commission to secure the interdiction of police officers found guilty of torture by the Human Rights Commission or the Supreme Court.
1633. By letter dated 22 July 2004, the Government inquired whether the Special Rapporteur on torture, the Special Rapporteur on violence against women, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on the right to freedom of opinion and expression could accept as final replies to cases of alleged human rights violations, on instances where the investigations are completed and the Attorney General of Sri Lanka has sent an indictment to the relevant Court to initiate criminal proceedings. It noted that once judicial proceedings begin, the State has no control over them, which may sometimes take a long time to issue the final verdict.
1634. By letter dated 23 September 2004, the Special Rapporteurs responded that even in
instances where investigations are completed and where criminal proceedings have been
initiated, they needed additional information (i.e. details of conclusions of inquiries, judicial
or other proceedings, reports of penal or disciplinary sanctions imposed on the perpetrators, as
well as an indication of whether compensation and assistance were provided to the victims or
their families) to thoroughly assess the specific situation and to be able to draw conclusions.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.