UN Reports on Sri Lanka – (Year 2003)
Report of the Working Group on Enforced or
Involuntary Disappearances
E/CN.4/2004/58 (21 January 2004)
268. During the period under review, the Working Group transmitted 1 new case of disappearance to the Government of Sri Lanka, which occurred in 2003 and was sent under the urgent action procedure. At the same time, the Working Group clarified 875[i] cases on the basis of information provided by the Government on which no observations were received from the source. In all these cases, death certificates had been issued and/or compensation granted or was in the process of being granted.
269. The 12,297 cases reported in the past are alleged to have occurred in the context of 2 major sources of conflict in that country: the confrontation between Tamil militants and Government forces in the north and north-east of the country and that between the People’s Liberation Front (JVP) and Government forces in the south. Between 1987 and 1990, the disappearances occurred mainly in the southern and central provinces and coincided with extreme violence on the part of both security forces and the JVP. The cases reported to have occurred since 11 June 1990, the date of resumption of hostilities with the Liberation Tigers of Tamil Eelam (LTTE), have been confined primarily to the eastern and north-eastern provinces of the country.
270. The newly reported case concerns a man who was allegedly arrested by police officers and last seen by his parents at the Watthegama Police Station in the Kandy District.
271. The Working Group undertook 3 field missions to Sri Lanka, in 1991, 1992 and 1999. The recommendation to the Government was the establishment of an independent body with the task of investigating all cases of disappearance which had occurred since 1995 and to accelerate its efforts to bring the perpetrators to justice. The Working Group also recommended the setting up of a central register of detainees as provided for in article 10 (3) of the Declaration. It also pointed out that all families of disappeared persons should receive the same amount of compensation and that the procedure for issuing death certificates in cases of disappearances should be applied in an equal and non-discriminatory manner. The Working Group further noted that the Prevention of Terrorism Act and the Emergency Regulations have not been abolished or harmonized with internationally accepted standards of human rights and recommended that the prohibition of enforced disappearance be included as a fundamental right in the Constitution of Sri Lanka.
272. According to its records, the Government has so far provided information in respect of a total of 11,654 outstanding cases. The Working Group has so far considered the replies relating to 8,151 outstanding cases. In 53 cases, the Government informed that death certificates had been issued, compensation granted, or was in the process of being granted. The Working Group decided to apply the six-month rule to these cases. In 3,847 cases, the Government informed that it had not been possible to establish the whereabouts of the persons concerned inasmuch as the addresses provided were incorrect or unclear or because the family had left the area; no person by the name had disappeared from the address provided; cases were pending in courts of law; family members had not requested or had declined death certificates or compensation; the persons were reported to be alive or the disappearance had not been reported to a government.
273. Of the 4,803 cases clarified by the Working Group, 4,764 were clarified on the basis of information provided by the Government and 39 on the basis of information provided by the source. At the current stage of the processing exercise, however, it must be borne in mind that the statistical figures indicated in the present section as well as in the statistical tables annexed to the present report in respect of the number of cases reported to the Working Group, cases that have been clarified and those still outstanding, reflect only an estimate and are, as such, subject to change.
274. The Working Group wishes to express its appreciation to the Government of Sri Lanka for the amount of information that it has provided and for its efforts to investigate and clarify the fate of the many thousands of persons who disappeared in the past.
275. It wishes to remind the Government of its obligation under article 2 of the Declaration not to practice, permit or tolerate enforced disappearances.
Report of the Special Rapporteur on the independence of judges and lawyers – Mr. Leandro Despouy
E/CN.4/2004/60/Add.1 (4 March 2004)
Sri Lanka
Communications to the Government
72 On 7 February 2003, the Special Rapporteur sent an urgent appeal concerning threats made against two district judges, the former President of the Bar Association, Desmond Fernando, and editor Victor Ivan Ravaya. According to the information received, on 24 January 2003 posters with slogans against the two district judges and Mr. Ravaya were pasted to buildings in the premises of the Supreme Court. There was concern that this threatening act might be related to the legal action instituted by the two district judges against the Chief Justice and the Judicial Service Commission on the grounds that they had obstructed the holding of the 60th anniversary celebrations of the Judicial Service Officers' Association as the posters were displayed on the same day as this case was being heard before the court.
73 On 4 April 2003, the Special Rapporteur sent a letter requesting a mission to Sri Lanka.
Communications from the Government
74 On 3 January 2003, the Government provided further information to the Special Rapporteurs’ joint urgent appeal of 13 September 2002 (E/CN.4/2003/65/Add.1, paras. 174 and 175) regarding the case of Nandani Sriyalantha Herath. This response followed interim observations transmitted by the Government on 10 October 2002. According to the Government’s response an investigation was initiated by the Criminal Invetigations Department (CID) on 21 June 2002. The investigation revealed that Ms. Herath was arrested by the Wariyapola Police on 8 March 2002 and was allegedly tortured while in custody. On the advice of the Attorney-General, Ms. Herath was medically examined by a number of medical officers. The Attorney-General further instructed CID to conduct an investigation into the alleged threat to Priyantha Gamage, the counsel of Ms. Herath, and Nishanta Kumara, human rights activist, by the Wariyapola Police. Ms. Herath’s lawyer allegedly stated that on or about 2 September 2002, four unknown persons had come to his house and enquired whether he was appearing for the case of Ms. Herath. He therefore allegedly believed that these persons had come to threaten him but did not make a complaint to the police as information available was not sufficient. Investigations were also reportedly conducted into the allegation of assault on Mr. Kumara. He reportedly only stated that, when he was returning home by bus on the night of 10 July 2002, a person called Sunil pointed a knife at him threateningly, asking whether he was the one working for Ms. Herath. Investigations were also conducted into the allegation of threats against two other lawyers who had previously appeared on behalf of Ms. Herath. The lawyer who had withdrawn from handling Ms. Herath’s case is said to have stated that his client did not carry out his instructions properly and that therefore he, on his own initiative, withdrew from handling the case. He further allegedly informed that there were no threats or intimidation whatsoever from anyone in this respect. It was finally stated that the Attorney General was considering the possibility of pressing criminal charges against those responsible for the alleged torture of Ms. Herath.
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Report of the Special Rapporteur on the right to freedom of opinion and expression - Ambeyi Ligabo
E/CN.4/2004/62/Add.1 (26 March 2004)
Sri Lanka
Communications sent
679 On 23 May 2003, the Special Rapporteur sent an urgent appeal regarding Ponnaiah Manikavasagam, a correspondent for the Tamil-language daily Veerakesari and for the Tamil service of the BBC World Service. According to the information received, Ponnaiah Manikavasagam allegedly received a telephone threat on the evening of 7 May, a few minutes after the BBC broadcast his interview with Anton Balasingham. Further information received indicates that Ponnaiah Manikavasagam has now left Vavuniya and gone into hiding. Fears have been expressed for his safety.
680 On 7 August 2003, the Special Rapporteur sent an urgent appeal, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding the case of Lasantha Wickrematunga, editor of the weekly Sunday Leader. Reports indicate that, on 27 July 2003, Fisheries Minister Mahinda Wijeskera threatened Lasantha Wickrematunga in front of several witnesses, including Water Management Minister Lakshman Seneviratne. The minister's death threat followed the newspaper’s publication of articles accusing him of corruption. It is reported that the minister Wijeskera would have claimed he had the Prime Minister's support in making the threat. Lasantha Wickrematunga and The Sunday Leader, which often investigates corruption, have reportedly been the target of frequent harassment and numerous libel suits since 1995.
681 On 25 September 2003, the Special Rapporteur sent a communication jointly with the Special Rapporteur on the question of torture regarding Michael Colin David, a 33-year-old resident of Trincomalee and a member of the Eelam People’s Democratic Part (EPDP), who was reportedly arrested on 20 July 2002 in Trincomalee by the Criminal Investigations Department from Colombo. He was reportedly taken to the Police Headquarters in Colombo, where the police allegedly asked him to sign a document in Sinhalese, a language he did not understand. It is alleged that as he refused to sign the document, police officers forced him to lie on a bench, closed his mouth and poured water into his nostrils. The police officers allegedly threatened to inject him with a lethal substance if he did not sign the document. As a result, he reportedly signed it. He was reportedly taken before the Jaffna Magistrate on 2 August 2002, and complained that he had been severely assaulted by the police. The Magistrate reportedly ordered that Michael Colin David should undergo medical examination by the Judicial Medical Officer of the Jaffna Teaching Hospital and that the acting superintendent of Jaffna prisons should provide maximum security to the suspect.
682 On 26 September 2003, the Special Rapporteur sent a communication jointly with the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, regarding Sathasivam Rathykala, a 22-year-old woman held in detention in Batticaloa since 23 July 2002. She was reportedly arrested on 24 November 2001 by police officers from the Methirigirya police station on the basis of being a member of the Liberation Tigers of Tamil Eelam (LTTE). She was reportedly taken to the office of the Criminal Investigation Department (CID) in Polonaruwa and put alone in a cell, where it is alleged that officers from the Methirigirya police station and the Polonaruva CID threatened to shoot her with a gun, put chili powder all over her body, suspended her from the ceiling, slapped her ears and cheeks repeatedly, kicked her on the back, beat her with rope, and burned her all over with cigarettes. She was then allegedly raped by 12 police officers while in the custody of CID. On 26 November 2001, she was reportedly transferred to the Kaduruwella police station where she was held for one month. It is believed that she was presented to a magistrate on 29 November 2001 and reportedly remanded to the Anuradapura Prison where she was held for another month before being transferred to Welikada prison for one month. She was reportedly transferred to Batticaloa prison on 23 July 2002 and granted bail on 19 September 2002. It is reported that she has suffered acute mental trauma and that the Batticaloa Judicial Medical Officer (JMO), who reportedly examined her on 30 August 2002 by order of the High Court of Batticaloa, submitted a report to the Eastern High Court on 18 September 2003 in which it is recommended that counselling and rehabilitation should be provided to her. It is reported that the inquiry on her case has been postponed by the Eastern High Court.
683 On 31 October 2003, the Special Rapporteur sent a communication regarding the following alleged cases of violation of the right to freedom of opinion and expression:
(a) The Special Rapporteur was informed that, on 3 December 2002, a number of journalists – Wijitha Ranaweera, SLRC and Dinamina correspondent; Roshan Garusingha, correspondent for Lakbima; and Jagath Kalansooriya, ITN correspondent – were reportedly assaulted by thugs during the Wallavaya Titarama Palatha Corporative election. Wijitha Ranaweera and Jagath Kalansooriyan had reportedly to be taken to the hospital after the incident. According to information received, the Wallavaya Predesheeya Shaba chairman, who is a member of the governing United National Front (UNF), knowing the cooperative election results would not be favourable to UNF, had allegedly incited his thugs to disrupt the election process. The latter reportedly assaulted the journalists who were covering the elections. It is reported that the police officials who were present at the scene did not take any steps to stop the attackers;
(b) The Special Rapporteur was informed that, on 8 October 2002, Uvindu Kurukulasooriya, a journalist with Ravaya newspaper, was assaulted by the police. According to information received, Uvindu Kurukulasooriya was on his way home when he reportedly noticed that police officers were assaulting a man and a woman. Kurukulasooriya reportedly got out of his car and noted down the numbers of the police officers involved. The latter asked him why he was doing this and who he was; Kurukulasooriya showed his media accreditation card. The police officers then allegedly assaulted and insulted him. It is reported that Kurukulasooriya went to the police station to lodge a complaint, and it is alleged that he was submitted to verbal abuse within the police premises and was remanded on the charge of assaulting the police officers and disrupting their work. He was reportedly presented to court the next morning and was released on bail;
(c) It is reported that, in July and August 2002, Nishanta Kumara, journalist with Ravaya newspaper, was threatened and harassed after he reported on the plight of Nandani Herat, a woman who was allegedly tortured while she was being held for questioning at the police station in Wariyapola. On 10 July 2002, three men reportedly threatened to kill Nishanta Kumara. He was then reportedly followed every day by two men. The journalist reportedly filed two complaints, on 10 July and 5 September 2002, with the Inspector-General of police in Colombo, the police in Kurunegala and the Sri Lanka Human Rights Commission, but it seems that no investigation was undertaken. Other journalists who were trying to cover the case of Nandani Herat were reportedly harrassed. It is reported that a crew of the Swarnawahini television station was barred from the courtroom in Wariyapola. Reports indicate that, when the crew tried to film from their vehicle, they were accosted by 25 plainclothes police officers, who allegedly searched their vehicle. The journalists were reportedly threatened with arrest, and were reportedly followed by a van after they left the court.
684 On 23 December 2003, the Special Rapporteur sent an urgent appeal regarding Michael Anthony Fernando, who was recently released from jail after a 10-month period of imprisonment for contempt of court, after an allegedly unfair judicial process, which reportedly followed his petition to the Supreme Court concerning a human rights application. It is reported that, on 27 November 2003, Mr. Fernando received death threats from an unidentified person, who asked him to withdraw his three complaints for human rights violations. The next day, unidentified persons presented themselves at Fernando's home and allegedly threatened to harm his family if he did not withdraw his complaints. Two of the complaints, one relating to allegations of torture in prison and the other against two prison guards who had allegedly tortured him in prison, will reportedly be heard on 6 February 2004 by the Supreme Court. The third complaint is reportedly pending before the Human Rights Committee of the United Nations, and relates to Fernando's imprisonment for contempt of court and torture in prison.
Communications received
685 By a letter dated 5 June 2003, the Government replied to the Special Rapporteur’s communication of 28 September 2001 (E/CN.4/2002/75/Add.2, para. 221), and provided information regarding A.S.M. Fasmi, Iqbal Athas and S.M. Gopalaratnam. Concerning A.S.M. Fasmi, the Government indicated that the Human Rights Division of the Department of Police conducted an investigation that revealed that Fasmi was arrested by the Sri Lanka Army and handed over to the Mannar Police, which recorded a statement and released him subsequently. Fasmi has made a complaint to the Superintendent of Police, stating that there were numerous calls threatening him with death. There was no possibility to investigate the matter further, as there was no way to trace the calls. At the time of inquiry, Fasmi was no longer receiving any threatening calls. He continues to perform his profession as a journalist without any further difficulties. Concerning Iqbal Athas, the Government reported that as a result of confidential inquiries conducted by the Criminal Investigation Department (CID), two persons were taken into custody. Both Athas and his wife were able to identify the persons involved in the incident. The accused were prosecuted and sentenced to seven years and two years, respectively. Both accused have appealed against their conviction and sentence. The appeal is pending. Concerning S.M. Gopalaratnam, the editor of Thinakathir, the Government reported that Gopalaratnam, along with his sub-editor K. Rosthanthan, was summoned to the Sri Lanka Army camp where they were accused of supporting the Liberation Tigers of Tamil Eelam (LTTE). The investigation revealed that Gopalaratnam and Roshanthan had made no complaint about the said incident to any police station. The Government reported that there was no allegation that they were either threatened or tortured at the army camp.
686 By a letter dated 5 June 2003, the Government replied to the Special Rapporteur’s communication of 1 October 2001 (E/CN.4/2002/75/Add.2, para 222), and provided information regarding Rohana Kumara. The Government reported that the investigations into the murder of Mr. Kumara were still pending.
687 By a letter dated 5 June 2003, the Government replied to the Special Rapporteur’s communication of 10 October 2001 (E/CN.4/2002/75/Add.2, para 223), and provided information regarding Namal Perera and Sinha Ratnatunga. Concerning Namal Perera, the Government reported that investigations revealed that no complaint was made to the police by Namal Perea or anyone else regarding this incident. The said censorship laws had been in force only temporarily and have ceased to be in force. Regarding Sinha Ratnatunga, the Government reported that Ratnatunga had stated that he was prepared to make a statement which would be tendered to Court maintaining that he was not the writer of the impugned publication and that the words in question were not meant to be defamatory. He further stated that there was no malicious intent whatsoever by him to defame the President and he expressed regret for the said error. The Supreme Court ordered on 19 August 2002 that the conviction against Ratnatunga be set aside and it discharged him.
688 By a letter dated 28 October 2003, the Government replied to the Special Rapporteur’s communication of 10 October 2001 ((E/CN.4/2002/75/Add.2, para. 223), regarding Elmo Fernando and reported that he requested the Sri Lanka Police to abandon their investigations into the said complaint. The Government reported that, as a result of the said letter, no further investigations will be conducted.
689 By a letter dated 8 December 2003, the Government replied to the Special Rapporteur’s communication of 28 September 2001 (E/CN.4/2002/75/Add.2, para. 221), and provided information regarding Saman Wagarachchi, Sujeewa Gamage, P. Seevagan, Roy Denish and D. Sivaram. The Government reported, in a letter dated 21 October 2003, that Saman Wagarachchi, on behalf of the others and on his own behalf, stated that they were compelled to leave Sri Lanka because of the threat to their lives at that time, but that the situation changed and it is not necessary to continue with the investigations.
690 On 8 December 2003, the Government replied to the Special Rapporteur’s urgent appeal dated 23 May 2003 concerning Ponnaiah Manikavasagam, reporting that it provided security to Manikavasagam. In a letter dated 30 July 2003, Manikavasagam reportedly stated that there was no open threat to his personal or family security.
Observations
691 The Special Rapporteur thanks the Government of Sri Lanka for its replies, but awaits responses to his communications dated 7 August, 25 and 26 September, 31 October and 23 December 2003.
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E/CN.4/2004/66/Add.1 (3 March 2004)
140 On 24 September 2003, the Special Rapporteur sent a joint communication with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the question of torture regarding the case of S.R. (f), aged 22, held in detention in Batticaloa since 23 July 2002. She was arrested on 24 November 2001 by four male police officers from the Methirigirya police station on the basis of being a member of the Liberation Tigers of Tamil Eelam (LTTE), and was reportedly taken to the office of the Criminal Investigation Department (CID) in Polonaruwa. At about midnight, she was put alone in a cell, where it is alleged that officers from the Methirigirya police station and the Polonaruva CID threatened to shoot her with a gun, put chili powder all over her body, suspended her from the ceiling, slapped her repeatedly, kicked her back, beat her with a rope, and burnt her all over with cigarettes. She was then allegedly raped by 12 police officers while in custody of CID. On 26 November 2001 she was reportedly transferred to the Kaduruwella police station where she was held for one month. It is believed that she was presented to a magistrate on 29 November 2001, and reportedly remanded to the Anuradapura Prison where she was held for another month before being transferred to Welikada prison for one month. She was reportedly transferred to Batticaloa prison on 23 July 2002 and granted bail on 19 September 2002. It is reported that she has suffered acute mental trauma and that the Batticaloa Judicial Medical Officer (JMO), who reportedly examined her on 30 August 2002 by order of the High Court of Batticaloa, has submitted a report to the Eastern High Court on 18 September 2003 in which it is recommended that counselling and rehabilitation should be provided to S.R.. According to the information received, the Eastern High Court has postponed the inquiry on this case.
141 On 24 September 2003, the Special Rapporteur sent a joint communication with the Special Rapporteur on the question of torture regarding I.S. (f), who was arrested on 25 September 2002 at 11.30 a.m. by the police and taken to Vavuniya prison, along with four other individuals, in connection with the murder of her husband. On the day of her arrest she was allegedly punched, kicked and beaten with sticks. It is also alleged that two police officers threatened to strip her naked if she did not tell the truth. That evening she was reportedly brought before a magistrate. On 26 September 2002, she was reportedly taken to hospital, but she allegedly did not receive proper medical treatment. It is reported that due to her injuries she was unable to move one of her hands properly. The names of the alleged perpetrators of the above-mentioned acts of torture or ill-treatment are known to the Special Rapporteur. S.H. (f), aged 39, was reportedly taken to the Wariyapola police station in Kurunegala district on 8 March 2002 for questioning in connection with a robbery at a local temple. She was allegedly kept in police custody for two days, during which the police allegedly abused her sexually.
142 On 8 July 2003, the Government responded to a joint communication sent by the Special Rapporteur with the Special Rapporteur on the question of torture dated 16 September 2002 regarding the case of Ms. Yogalingam Vijitha. Ms. Vijitha was arrested on suspicion of terrorist activities and detained at Negombo police station before being transferred to the Terrorist Investigation Division in Colombo on 26 June 2000. She was reportedly indicted under the Prevention of Terrorism Act in the High Court of Negombo. An investigation was ordered into allegations that she was raped while in detention. Sri Lanka’s Supreme Court have heard the case on a fundamental rights application, and judged in her favour. The Court ruled that her rights under articles 11 and 13, paragraphs 1 and 2, of the Constitution had been violated and awarded compensation. The Court has reportedly directed the Attorney-General to pursue the possibility of criminal prosecution against those responsible for the violation of her fundamental rights. Though the presence of a petitioner in Sri Lanka is not required to file a fundamental rights application in the Supreme Court, under Sri Lankan law, the police require a statement from the victim to initiate the police investigation into a criminal act. The Government said it had exhausted all avenues to record the victim’s statement. Therefore, the Attorney-General decided that it was not possible to proceed with further investigations and instructed the police to terminate investigations unless Vijitha made a formal statement to the police.
143 By letter dated 24 December 2003, the Government responded to a joint communication sent on 16 September 2002 with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture. It reported that the Special Investigations Unit of the police (SIU) investigated the allegations that Ms. S Umadevi was abducted, raped and murdered on 12 September 2001. SIU concluded that the police had duly recorded the complaint and conducted investigations into the murder. Therefore, no disciplinary action has been taken against the police officer concerned. It reported that SIU also investigated the case of Ms. Jeyanthi Veerasingham, alleged to have been raped and killed on 17 February 2000 while in custody at Sanasa transit camp. It responded that she was arrested by army personnel of Sanasa camp, and was handed over to the 211 field headquarters for further investigation. She is said to have taken a cyanide capsule and was taken to hospital, where she died. SIU did not find any evidence that she was raped or subjected to torture prior to her suicide. However, SIU forwarded extracts of the investigation to the Attorney-General’s Department for advice, and were waiting for the reply.
144 By letter dated 24 December 2003 the Government responded to a joint communication sent on 16 September 2002 with the Special Rapporteur on the question of torture. An investigation was ordered into the allegations that Herath Nandani Sriyalatha was subjected to sexual abuse and torture in police custody. On 21 June 2002, the Attorney-General ordered the Criminal Investigation Department to take over the investigation. The Attorney-General, after having examined the material, decided to indict the accused police officers under the Torture Act. Indictments were sent by the Attorney-General to the High Court of Kurunegala, and the case was taken up on 5 November 2003. The trial is scheduled for 16 February 2004. The Police Department has taken action to suspend the suspected police officers. In regard to allegations that Velu Arshadevi was raped at a checkpoint in Colombo on 24 June 2001 by policemen, the Government responded that four suspects had been identified, arrested and remanded in custody within 48 hours of the incident. On the advice of the Attorney-General, the police instituted non-summary proceedings in the Magistrates Court against the suspects, two police constables and three army personnel. The Magistrate committed the accused to stand trial in the high court. As a result of the committal, the accused army personnel were suspended. The Supreme Court awarded compensation payable by the State to the victim for the violations of her rights guaranteed by article 11 (right to freedom from torture) and article 13, paragraph 1 (right to be free from arbitrary detention), of the Sri Lankan Constitution. The Supreme Court held for the first time that rape amounted to torture. An undertaking was given by the State to the Court to institute criminal proceedings against the suspects. Regarding Poomany Saravanai, two suspected army personnel have been arrested and were produced before the Jaffna Magistrates Court. They were charged in court for rape, and non-summary proceedings of this case are in progress. Regarding the 33-year-old mother, who was reportedly taken into custody by officers of CID on 27 June 2000 and ill-treated, the information provided was insufficient to commence investigation and take further action. The Government requested further information on the identity of the victim. The Government also requested more information about the identity of the mother of two children who was reportedly raped by a STF commando at Cheddipalayam in Batticaloa district on 5 February 2001.
145 The Special Rapporteur thanks the Government of Sri Lanka for its response and its willingness to cooperate with the mandate.
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Report of the Special Rapporteur, on extrajudicial, summary or
arbitrary executions – Ms. Asma Jahangir
E/CN.4/2004/7/Add.1 (24 March 2004)
Sri Lanka
Urgent appeals
526 On 7 August 2003, the Special Rapporteur as well as the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression sent an urgent appeal to the Government of Sri Lanka regarding the case of Lasantha Wickrematunga, editor of the weekly The Sunday Leader. Reports indicated that on 27 July 2003, the Fisheries Minister, Mahinda Wijeskera, threatened Wickrematunga in front of several witnesses, including Water Management Minister Lakshman Seneviratne. The Minister's death threat followed the newspaper’s publication of articles accusing him of corruption. It was reported that Minister Wijeskera claimed that he had the Prime Minister's support in making the threat. Mr. Wickrematunga and The Sunday Leader, which often investigates corruption, have been the targets of frequent harassment and numerous libel suits since 1995.
527 On 30 October 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture and the Special Representative of the Secretary-General on human rights defenders, sent an urgent appeal to the Government of Sri Lanka in connection with information received regarding Chamila Bandara, aged 17, and his family, whose case was included in an allegation letter sent by the Special Rapporteur on torture on 25 September 2003. Policemen threatened to kill Chamila Bandara who was allegedly on his way to Geneva, Switzerland, in connection with the current proceedings of the United Nations Human Rights Committee and with the support of human rights non-governmental organizations. According to the information received, in July 2003, Chamila Bandara was strung up by his thumbs and beaten by officers of the Ankumbura police station, Kandy, resulting in a permanent disability. Since he filed a complaint of torture, he has reportedly been forced into hiding. His mother also reportedly received death threats on 29 October 2003 from a group of police officers who intercepted her as she was going to the magistrate's court where her son’s case was being heard.
528 On 6 November 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent an urgent appeal to the Government of Sri Lanka concerning Hikkaduwa Liyanage Saundun Kumara, aged 16. He reportedly went to Rathgama police station on 12 September 2003, as he had learned the police were looking for him. He was questioned for several hours about goods which were allegedly stolen from his employer. He was reportedly released and told to come back the following day. On 13 September 2003, the relatives of his employer took him back to the Rathgama police station and handed him over to a sub-inspector, whose name is known to the Special Rapporteur. Hikkaduwa Liyanage Saundun Kumara was reportedly severely tortured for three days. His mother was reportedly allowed to see him for the first time since his arrest on 17 September 2003. According to the information received, he could hardly walk, and he had a black eye, swollen feet and wounds on his elbows and knees. His mother’s request for medical assistance for him was reportedly denied. Later that day, he was allegedly beaten and kicked again. He reportedly appeared before a court on 19 September 2003 and was sent to the Kithulampitiya Remand Home. He was transferred to the Karapitiya Teaching Hospital on 21 September 2003. Upon appearing before the Galle Magistrate’s Court on 24 September 2003, he was released on bail and he and his family reportedly filed complaints with the National Human Rights Commission and the Supreme Court. The Supreme Court allegedly gave leave to proceed and ordered the National Police Commission to conduct a disciplinary inquiry into the case. Since then, he and his family have been receiving death threats from the alleged perpetrators. Officers alleged to have been involved in the events continue to serve at the same police station. Fears were expressed for the life and physical integrity of Hikkaduwa Liyanage Saundun Kumara and his family if no adequate measures are taken to ensure their safety.
Communication sent
529 On 17 October 2003, the Special Rapporteur sent a communication to the Government of Sri Lanka regarding the following individual cases.
530 T.A. Premachandra, a 46-year-old man was reportedly shot and killed on 1 February 2003. He was allegedly driving his vehicle home from work with two companions in the back seat when two officers of the police traffic unit, Kalutara South, riding on a motorcycle, reportedly overtook the vehicle on the left and shot him in the head at close range with a T56 handgun, resulting in his death. He allegedly died instantly. His body was reportedly taken to the hospital and the two injured men were taken to the police station and arrested. Acting Superintendent of Police Jayantha Kulathilaka took charge of the case on the orders of Acting Magistrate Siri Perera. He headed the post-mortem investigation and, in an effort to justify the killing, he allegedly said that it was perfectly within the law to act as the police did. The two police officers allegedly responsible for the killing said that the driver was shot because of his refusal to stop the vehicle when ordered to do so. They also reportedly stated at the post-mortem investigation that they had fired at the tyre of the vehicle but because of the ruts on the road it went astray, and that they had no intention of killing anyone.
531 Yoga Clement Benjamin, a 47-year-old Catholic Tamil of Hillview Road, Pannila, Kalutara South in Sri Lanka was reportedly shot and killed by police officers of the Kalutara South Police on 26 February 2003. It is reported that until April 2002, he illicitly sold alcohol and was believed to have bribed police officers from the Kalutara South Police Station in order to have been able to continue his illegal activities. In addition, he had a farm with over 40 pigs and ran a vehicle repair shop in his garage. According to the information received, even after he had abandoned the sale of illicit alcohol the police did not stop claiming bribes from him. In June 2002, a policeman said to be known as Perera, unsuccessfully demanded a free supply of the product from Mr. Benjamin. After this incident, Mr, Benjamin reportedly decided to sell his farm. He then started receiving several death threats from the police and was also beaten. His wife and daughter repeatedly tried to file a complaint to the police authorities in February 2003. Mr. Benjamin subsquently got involved in a land dispute with a neighbour who reportedly lodged a complaint with the police. The police reportedly arrived at Mr. Benjamin’s house, with the neighbour in a van. After the vehicles left the scene, his neighbour scolded him and coaxed him out of his house. Once he appeared, police personnel who were reportedly hiding in the neighbour’s house emerged and fatally shot him while his son managed to escape the scene. The police claimed that they had fired in self-defence. However, it is reported that Mr. Benjamin was unarmed and never used a gun. According to information received, the officials from Kalutara South Police threatened to harm anyone who had any information about this incident.
Communications received
532 On 16 December 2002, the Government of Sri Lanka responded to a communication sent by the Special Rapporteur, jointly with the Special Rapporteur on torture and the Special Rapporteur on violence against women, regarding the case of Sarathambal Saravanabavananthakurukkal who was allegedly raped and murdered allegedly by members of the army. In its response, the Government stated that the Criminal Investigation Department of the Sri Lanka Police (CID) had conducted a comprehensive investigation into the alleged incident. The Government reported that the investigations conducted so far had not borne any fruit in terms of positively identifying the perpetrators of the crime. On 17 August 2002, the Attorney-General’s Department advised CID that a criminal prosecution could not be launched and that there would be no need to conduct further investigations into this case. However, 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.
533 On 3 January 2003 the Government of Sri Lanka replied by letter to a joint appeal dated 13 September 2002 sent by the Special Rapporteur, along with the Special Rapporteur on torture, the Special Rapporteur on the independence of judges and lawyers and the Chairperson-Rapporteur of the working group on arbitrary detention, regarding the case of Nandani Sriyalantha Herath, who was arrested by the Wariyapola Police on 8 March 2002 and was tortured while in custody. This letter followed interim observations transmitted by the Government on 10 October 2002. The Government reported that on 21 June 2002, the CID ordered an investigation of the case. The police officers responsible were subsequently identified while Nandani Herath was examined by a judicial medical officer. The Attorney-General also instructed CID to conduct criminal investigations into the alleged threat to Priyantha Gamage, Ms. Herath’s counsel, and the alleged assault of Nishanta Kumara, human rights activist, by the Wariyapola Police. The Government stated that the Attorney-General was considering the possibility of filing criminal charges against those responsible for the alleged torture of Herath.
534 On 1 December 2003, the Government of Sri Lanka responded to a communication sent jointly by the Special Rapporteur, the Special Rapporteur on torture and the Special Representative of the Secretary-General on human rights defenders on 30 October 2003, and regarding the case of Chamila Bandara Jayaratna, his cousin Upali, as well as Bandula Padmakumara, who were subjected to torture by police personnel attached to the Ankumbura Police Station after being taken into custody on suspicion of theft. The Government reported that the Special Investigation Unit (SIU), which is a specialized unit of the Sri Lanka Police established to investigate allegations of torture, had conducted an investigation into the allegation. The Government informed the Special Rapporteur that, after being released on bail, Jayaratne was admitted to the Kandy General Hospital on 31 July 2003 and received treatment for six days. The Judicial Medical Officer of Kandy Hospital who examined him allegedly reported to SIU that the patient had grievous injuries caused by a blunt weapon. Finally, the Government submitted that SIU had almost completed its investigations and that it would forward extracts of the investigation notes to the Attorney-General’s Department for further action. The Government further indicated that, in the interim, upon a complaint received, an inquiry was conducted by the regional office of the National Human Rights Commission in Kandy where the incident took place. The inquiry officer’s finding was that the complaint was unfounded. Subsequently, representations were made on behalf of the victim to the Chairperson-Rapporteur and she ordered a fresh inquiry, which was in progress at the time of the communication.
535 On 4 December 2003, the Government of Sri Lanka responded to the communication jointly sent by the Special Rapporteur and the Special Rapporteur on torture on 2 September concerning the following individual cases.
536 W A P Jayaratne, reportedly died during interrogation by the military police. The Government’s response indicated that Mahawela police conducted investigations into the incident based on information provided by Dr. Rajakaruna (female) of the Nalanda Hospital that a person wearing an army uniform and several others brought a body to Nalanda Hospital on 20 June 2001, without introducing themselves or disclosing any details as to the cause of death. The deceased was in army uniform and there were injuries to the body. Mahawela police duly reported the incident to Magistrate Paldeniya on 21 June 2001 and a post-mortem was conducted on his order. The Government reported that five army personnel who were on duty at the Koholanwala army camp on the day of the incident were subsequently arrested by police and made to appear before the Magistrate’s Court. They were charged under case No. 15 519 at the Paldeniya Magistrate’s Court and were later indicted in the High Court for murder.
537 Kandaiyan Udayakumaran, was reportedly taken into custody by the Navy on 28 February 2001 and whose body was taken to Mannar Hospital on 1 March 2001. SIU conducted investigations into the incident, and the Government reported that Udayakumaran had been taken into custody by the Navy to be questioned in connection with terrorist activities. He was taken to Mannar Hospital by navy personnel and pronounced dead upon arrival. Mannar police initiated investigations into the incident and a magisterial inquiry was held subsequently. The District Medical Officer of Mannar who conducted the post-mortem examination on the order of the Mannar Magistrate reported that death was caused by strangulation. The Magistrate accordingly returned a verdict of homicide and ordered the police to arrest the suspects and bring them before the Mannar Magistrate’s Court. Sub-Lieutenant W R S Harischandra and sailor G A Sanjeewa Kumara, who had taken the victim into custody, were subsequently arrested and made to appear before the Magistrate’s Court. They were later indicted in the Anuradhapura High Court and the case was still pending before the High Court at the time of the communication.
538 Mullakandage Lasantha Jagath Kumara, was reportedly arrested by Payagala police on 12 June 2000 and who died at Welikada prison on 20 June 2000 as a result of severe beatings. The Government reported that the Assistant Superintendent of Police for Kalutara had conducted an investigation into this incident. Mullakandage Lasantha Jagath Kumara was arrested by a police team led by Inspector Wickramaratne of Payagala police on 12 June 2000 and was detained illegally until 16 June 2000. He was beaten while in police custody. The Government reported that the Acting Superintendent forwarded an extract of the investigation notes to the Attorney-General’s Department for advice. The latter decided to initiate criminal proceedings against Inspector Wickramaratne who subsequently appeared before the Kalutara Magistrate’s Court. The case was pending at the time of the communication.
539 Jayakodige Anura Wijesiri, was allegedly beaten by Ingiriya police after being taken into custody on 10 January 2001 on suspicion of theft. After two days, he was found hanging inside a police cell. His father filed a complaint to the Attorney-General’s Department on 21 November 2001, requesting that an investigation be conducted. The post-mortem report indicated that the cause of the death at the Ingiriya Police Station cell was suicide. Thus, the Attorney-General’s Department decided not to take further action against anyone.
* * * * *
Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment – Mr. Theo van Boven
E/CN.4/2004/56/Add.1 (23 March 2004)
1461 By letter dated 25 September 2003, the Special Rapporteur advised the Government that he had received information on the following cases. By letter dated 4 December 2003, the Government responded to some of the cases.
1462 Hetti Kankanamalage, Chandana Jagath Kumar, aged 23, and Ajith Shantha Kumana Peli, aged 32, were reportedly arrested on 13 May 2003, at around 2.30 p.m. by six policemen from the Biyagama police force. The detention of the above-mentioned persons reportedly occurred following a fight instigated by six drunken policemen. It is alleged that Chandana Jagath Kumar was severely beaten with rifle butts and sustained a head injury which required eight stitches. It is alleged that Hetti Kankanamalage, Chandana Jagath Kumar and Ajith Shatha Kumana Peli were taken to the hospital only when their injuries worsened. Upon his release the policemen threatened Chandana Jagath Kumar, saying that he would be produced in court with a bomb ensuring a long jail sentence.
1463 On 20 July 2003, in relation to a theft enquiry, B. G. C. B. J., a 17-year-old resident of Dolaphilla, was reportedly taken to a police jeep where a sergeant allegedly hit him 10 times on the face and body. B. G. C. B. J.’s cousin, U., and B. P. K., aged 14, were reportedly brought to the jeep too. One of the policemen reportedly held a gun to his U.’s head and threatened to kill him if B. G. C. B. J. did not confess. The three were allegedly taken to the Ankumbura police station at about 6 p.m., where it is alleged that the Inspector of Police hit B. G. C. B. J. and kicked him on the spine and in the face. He was allegedly handcuffed to a bed. B. G. C. B. J. was reportedly released. He was brought back the next day taken to a room with a bed and told to take off his shirt and lie down. It is reported that one officer sat on his back and held him down, while he was beaten on his feet by the officer-in-charge (OIC). Another officer allegedly hit B. G. C. B. J. on the soles of his feet with a cricket stump, cane and pole. It is reported that when he refused to confess he was hit further. A polythene bag which contained petrol was allegedly tied to his face and he was threatened with being burned and killed. The OIC reportedly told the officer to hang him up. He allegedly had his arms tied behind his back by thumbs and was hung from the ceiling while he was continuously beaten. As a result, his arms became numb. It is believed that, as a result of the treatment received, B. G. C. B. J. informed who his friends were, and confessed to the thefts. Furthermore, it is reported that on 27 July 2003 he was obliged to sign an empty report. On 30 July B. G. C. B. J. was taken to a court, given bail and told to report weekly to Ankumbura police station. It is also believed that starting 31 July 2003 he received treatment in a hospital in Kandy for six days. The medical examination report allegedly stated that he has lost the use of his left arm permanently. It is alleged that his legs were swollen, and his hands numb and that he had headaches. A complaint was reportedly filed with the hospital police and the Ankumbura police station. B. P. K. is reported to have been held in detention at the police station for eight days. It is reported that his family was not allowed to visit him. B. P. K.’s brother, S. K., aged 17, was reportedly arrested at home on 22 July 2003 at about 7 p.m. and held in detention at the police station with his brother until 28 July 2003. While in detention, he was allegedly hung by his thumbs and his legs were allegedly pulled down while he was in that position. Later, he was allegedly positioned in the manner reportedly known as Dharma Chakkara—tying of the hands in a way to cover the knees, putting a poll between the two arms and turning the person while being beaten on the soles. It is further reported that the two brothers were forced to make false statements. B. P. K. was reportedly implicated in 13 fabricated cases, and S. K. on 12 charges. On 28 July 2003 they were reportedly brought to the magistrate and remanded in custody, until their release on bail on 15 August 2003.
1464 Ramiya Saravanarajah, aged 26, Ramiya Dhanapala Singham, aged 23 and Murugaiya Prabhakaran, aged 25, tea plantation workers, residents of Chapelton Estate, Bogawanthalawa. They were reportedly beaten by the police on 7 July 2003 at around 5.30 p.m. on their way from the Bogawantalaw police station after making a complaint against a three-wheeler driver who allegedly knocked down R. Dhanapala Singham. The three persons named above were beaten with sticks and kicked by three people in civilian clothing, who were believed to be police officers at the Bogawantalawa police, including its officer-in-charge (OIC). They were reportedly taken to the police station, where they were subjected to further forms of torture or ill-treatment. Ramiya Saravanarajah was allegedly visited by a doctor but previously warned by the OIC not to tell the doctor that he had been assaulted by him but rather by the above-mentioned three-wheeler driver. It is further alleged that while he was being examined by the doctor, the OIC held a pistol against his brother, Muragaiya Prabhakaran, and threatened to shoot him if he told the doctor that he had been assaulted by him. It is reported that the doctor did not ask Ramiya Saravanarajah anything and did not examine his wounds or his brother’s injuries. The three men were reportedly obliged to sign a document which was later submitted to the magistrate in Hatton. It is said that their lawyer denounced the treatment allegedly received before the Magistrate on 8 July 2003, but this complaint was allegedly ignored. It is believed that, after 14 days of detention ordered by the Magistrate, they were released from prison and hospitalized at the Nuwara Eliya Hospital for four days. The police reportedly made a complaint against Ramiya Saravanarajah, Ramiya Dhanapala Singham, and Murugaiya Prabhakaran accusing them of having assaulted the above-mentioned three-wheeler driver. It is reported that efforts made by the three above-named persons to make a complaint to the Superintendent of Police, regarding the alleged failure of the police to inquire into their alleged acts of torture, met with no success. It is reported that the alleged victims were finally able to make a complaint through the mediation of the Kandy Justice, Peace and Human Development committee. The Assistant Superintendent of Police allegedly refused to accept their complaint but later, on the evidence provided, reportedly recorded separate statements from each of the three above-named individuals. It is also alleged that no investigation had been conducted regarding this complaint.
1465 Michael Anthony Fernando was reportedly assaulted by police officers while being held in prison, on 17 February 2003. As a result of the attack, Michael Anthony Fernando reportedly sustained severe injuries, including a fractured spinal cord. According to the information received, he was taken to National Hospital in Colombo, where police officers guarding him as well as a prison guard allegedly denied him family visits.
1466 S. I. M. Nazer, aged 36, was reportedly arrested by Hinkurathoda police on 3 December 2002 at 10 p.m., in connection with a forgery investigation. It is reported that he was assaulted by four police officers before being taken to Hinkurathoda police station. That night the officers allegedly assaulted him using a wire and pipe. In addition, S. I. M. Nazer was allegedly denied any medical treatment at the time. Representatives of the Vavuniya district office of the National Human Rights Commission (NHRC) reportedly visited the Hinkurathoda police station on 4 December 2002. It is believed that the NHRC representatives reported that he “blood-coloured patches” all over his body, and an injury to his eye.
1467 J. Tahsleem, aged 33, was reportedly arrested by Hinkurathoda police on 3 December 2002 at 8 p.m., in relation to a forgery investigation. He was reportedly assaulted upon arrest. That night, two officers allegedly beat his hands and feet using sticks and belts. He was allegedly denied any medical treatment at that time. Representatives of the Vavuniya district office of NHRC reportedly visited the Hinkurathoda police station on 4 December 2002. It is also believed that the NHRC representatives reported that A.J. Tahsleem had visible injuries on his neck and on the lower part of one of his legs.
1468 Sellathurai Kanthen, aged 20, was reportedly arrested on 24 December 2002 and taken to Vavuniya police station, in relation to a robbery investigation. He was allegedly tied and hung off the ground by several police officers while in custody. It is also alleged that he was denied medical treatment. He reportedly remained in police custody until he received a visit by the representatives of the Vavuniya district office of the NHRC. It is believed that the NHRC representatives reported that Sellathurai Kanthen had injuries to the lower part of one of his legs, and was experiencing difficulty walking.
1469 Thankarajaha Thanapalan, aged 20, was reportedly arrested on 20 December 2002 and taken to Vavuniya police station, in relation to a robbery investigation. He was reportedly tied and hung off the ground by several police officers while in custody. In addition, police officers allegedly took him to several unknown locations, where he was threatened and asked questions not related to his detention. He was allegedly been denied medical treatment. It is believed that NHRC representatives reported that Thankarajaha Thanapalan had injuries to one of his legs, including bleeding, and was experiencing difficulty walking.
1470 Manokaran Prakalatharan, aged 24, was reportedly arrested on 26 December 2002 and taken to Vavuniya police station, in relation to a robbery investigation. While in police custody he was allegedly tied and hung off the ground. In addition, police officers allegedly took him to several unknown locations, where he was threatened and asked questions not related to his detention. He was allegedly denied medical treatment. He is reported to have remained in police custody until he received a visit by representatives of the Vavuniya district office of the NHRC. It is believed that NHRC representatives reported that Manokaran Prakalatharan had injuries on the lower upper part of one of his legs, and was experiencing difficulty walking.
1471 Mahooroff Musamil, aged 20, was reportedly arrested on 26 December 2002 on suspicion of murder. It is alleged that he has been tied and hung off the ground by several police officers while in custody. It is also alleged that he was taken to several unknown locations by several police officers, who allegedly also threatened him. It is also reported that he remained in police custody until a visit by representatives of the Vavuniya district office of NHRC. It is believed that NHRC representatives noticed injuries on the lower upper part of one of his legs, and that he was experiencing difficulty in walking.
1472 A. D. Ajith Rohana Chandrakumara, resident in Ganemulla, was reportedly arrested and held in detention at the Meegaswatte police station on 2 November 2002. The Supreme Court reportedly declared on 5 June 2003 that an Inspector, Officer in Charge of the Special Investigations Unit of the Peliyagoda police station was guilty of torturing J.A.D. Ajith Rohana Chandrakumara, and was ordered to pay compensation.
1473 Paskaran, aged 25, was reportedly arrested on 30 September 2001 by army personnel in Vakarai, Batticaloa district, on suspicion of being a “terrorist”, and kept in the Vakarai army camp for three days. He was allegedly struck on the hands and feet with sticks and a cricket bat and subsequently denied medical treatment. He was reportedly transferred to the custody of the Batticaloa police who took him before a magistrate. Following this hearing, he was reportedly transferred to Anuradapura Prison where he was provided with medical treatment. It is believed that NHRC representatives in Vavuniya noticed black marks on the lower part of one of his legs and on his back.
1474 T. Tharmarajan, aged 20, was reportedly arrested on suspicion of murder by Vavuniya police on 17 May 2002 and kept in police custody for more than three days, during which time he was allegedly assaulted and beaten with poles by police personnel. It is alleged that he was denied medical treatment. He was reportedly later brought before a magistrate.
1475 V. Rajandran was reportedly arrested on 26 October 2002 at 8 p.m. on suspicion of holding an unlicensed gun. While in police custody, presumably at Murankan police station, Vavuniya, he was allegedly punched and kicked by a sub-inspector. V. Rajandran was allegedly not provided with medical treatment for the injuries he sustained on his back. It is also reported that he was brought before Murankan Magistrate Court on 27 October 2002, where he talked with representatives of the Vavuniya district office of NHRC.
1476 V. S., S. J., S. S. and K. J., aged between 14 and 16, and originally from the Killinochi district. They were reportedly arrested on 30 October 2002 at Poonthoddam Refugee Camp, Vavuniya, on suspicion of stealing money. They were allegedly punched, kicked and beaten with sticks by the police in the refugee camp, including the police officer in charge of the camp. They were reportedly taken to Vavuniya police station. They reportedly complained of having neck pains from the beatings they received. It is alleged that they were denied medical treatment.
1477 Santhirlinkam Inpasanthiran was reportedly arrested on 26 September 2002 at 8 p.m., on suspicion of involvement in a murder. He was reportedly held at Vavuniya police station where it is alleged that he was made to strip naked, was punched, kicked and beaten with sticks. It is believed that representatives of the Vavuniya district office of NHRC noticed an injury to his upper leg. It is also alleged that he did not receive any medical treatment for this injury until the following day, when he was treated in a hospital. On 27 September 2002, at 9.45 p.m., he was reportedly brought before a magistrate. It is reported that after the hearing the police took him back to the police station, where he was held on remand.
1478 Arumugam Manookaran was reportedly arrested on 28 September 2002, at 3 p.m., on suspicion of involvement in a murder. He was reportedly taken to Vavuniya police station where he was allegedly punched and kicked by police officers. He was allegedly denied any medical treatment for the injuries he received to his stomach. He was reportedly brought before a magistrate on the night of 28 September 2002.
1479 Gunanayagam Kitnamoorthi, resident of Poonagar, Muthur, Trincomalee district, was reportedly arrested on 5 September 2002 on suspicion of murder. He was reportedly taken to Alioluwa police station, where he was subjected to the so-called “Dharma Chakkara method” (the detainee is tied up and suspended from a wooden pole which is attached to the roof) by the Officer in charge. It is also alleged that a plastic bag was put over his head and tied at the neck. He was allegedly denied medical treatment. It is said that his mother was also taken to the police station but was released the same day. Gunanayagam Kitnamoorthi reportedly remained in police custody for one day, and was later taken to appear before a magistrate. He was reportedly transferred to Trincomalee Remand Prison. It is also reported that representatives of the Trincomalee branch of the Human Rights Task Force (NHTF) visited Gunanayagam Kitnamoorthi and reported that he had wounds on the back of his left thigh and on his right foot. His right foot was allegedly bleeding. He was reportedly taken to a hospital, where he spent four days.
1480 L.M. Lalith Deshapriya, a Navy officer at Welisara Naval Base, was reportedly arrested on duty along with six other officers. They were reportedly brought to Kandana police station, Gampaha district, and handed over to a captain and taken back to the Naval Base. He complained to the Supreme Court that he was blindfolded, a heated iron was placed on his back, barbed wire was reportedly inserted into his anus, and chili powder put into his nose, penis and anus. He also alleged that he was tied up and suspended from a wooden pole which was attached to the roof (a torture method known as Dharma Chakkara method—the victim is then revolved around the pole). In his fundamental-rights violation petition, he cited several superior officers as being responsible. It is reported that in February 2003 the Supreme Court ordered Lalith Deshapriya to be produced before the Ragama Judicial Medical Officer for examination. At that time, Lalith Deshapriya was reportedly being held at the Navy Welisara camp.
1481 W.D. Nihal Wijesiri, a constable reportedly attached to the Presidential Security Division (PSD), Colombo. He was reportedly forcibly dragged away from his home on 18 April 2002 by an inspector and other officers of the Criminal Investigation Department. He was allegedly blindfolded and driven to the CID office at Gregory’s Road, Colombo. It is alleged that he was threatened by the inspector to admit that he had been involved in a number of murders, that he had been involved in burning the house of a film star, assaulting journalists, and also involved in the so-called “Cricket Board incident”. W.D. Nihal Wijesiri reportedly denied all those allegations. He was reportedly brutally assaulted by the inspector and threatened that he would be dumped in the river Diyawanna Oya and killed unless he admitted to the crimes. He was allegedly forced to sign statements written by the inspector. He is reported to have been later taken to the General Hospital in Colombo and examined by a doctor. It is also reported that he was then taken to the Kesbawe Magistrate and remanded. The petitioner was reportedly granted bail by the High Court of Panadura on 24 September 2002. The Supreme Court reportedly granted leave to proceed with his fundamental rights violation application.
1482 The Government reported that the Special Investigation Unit (SIU), which is a specialized unit of the Sri Lanka Police established to investigate allegations of torture, commenced an investigation into this allegation. It forwarded extracts of the investigation notes to the Attorney-General's Department on 24 July 2003.The matter is under review by the Attorney-General at present.
1483 Aruna Sharon Suranga Wijewardane, a 27-year-old resident of Batagama South, Kandana, Colombo. He was reportedly handed over to the Criminal Investigation Department (CID) headquarters in Colombo on 26 August 2002. He was allegedly hung up, struck with poles and had his genitals sprayed with high pressure water hoses. It is also alleged that as a result of the treatment, he sustained severe swelling and the inability to urinate for a week. He was reportedly taken before the Gampaha magistrate on 27 August 2002, who ordered the police to produce him at the Gampaha Magistrate Court and to bring him before a Judicial Medical Officer (JMO) for examination and treatment. It is believed that the acting JMO directed him to be given immediate treatment at the Ragama hospital, where he reportedly received adequate treatment, before being returned to detention. It is also alleged that his father was questioned by the police for four hours, and was threatened that he would also be arrested if he tried to pass on information about his son’s case to anyone.
1484 The Government informed that upon the incident being reported to the Attorney-General's Department, on 9 September 2002, the SIU recorded statements of the alleged victim and the suspected CID officers and forwarded extracts of the investigation notes to the Attorney-General's Department for decision. At the same time, there is a fundamental rights violation case filed by the alleged victim before the Supreme Court of Sri Lanka. The Attorney-General has decided to wait till the Supreme Court case is over in order to decide whether to institute criminal proceedings against the suspected officers.
1485 Arthur Vithanage, aged 60, and his daughter, Anusha Vithanage, aged 20, both residents of Ovitigala, Kalutara district, were reportedly assaulted by the police on 30 June 2002, at approximately 1 p.m. A group of police officers reportedly arrived in a jeep at Arthur Vithanage’s house, and he was beaten with a club and dragged to the back of the house. Anusha Vithanage was reportedly beaten with a baton and threatened with rape and the killing of her father. Arthur Vithanage was reportedly taken to the police station and put in a cell. It is reported that he was threatened that his son’s hands and legs would be broken. He was allegedly ordered to sign a statement and then put back in the cell. The same day, Arthur Vithanage was reportedly taken before a magistrate and charged with helping a suspect escape. The magistrate reportedly released him on bail. It is reported that Arthur Vithanage entered hospital the same day and remained there until 3 July 2002. He is said to have made complaints to the police, to the Assistant Superintendent of Police, Kalutara, to the Inspector General of Police and to NHRC.
1486 The Government reported that the Special Investigation Unit (SIU) recorded statements of the alleged victims and the suspected police officers. Arthur Vithanage and Anusha Vithanage stated that some police officers attached to Matugama police visited their home on 30 June 2002 to arrest Jayantha, the son of Arthur Vithanage. Jayantha argued with the police officers and left the home.
The police officers then assaulted Arthur Vithanage and abused him and his daughter. However, the two alleged victims have not identified the alleged perpetrators by names or designations. The Judicial Medical Officer who examined Arthur Vithanage afterwards, confirmed in his report that the middle finger of his right hand was dislocated and there was a fracture, and that there was an abrasion on his right leg. The suspected police officers have denied the torture allegation. SIU, after completing its investigations, forwarded an extract of the investigation notes to the Attorney-General's Department for advice. On the advice of the Attorney-General, an identification parade was held on 24 July 2003 where Arthur Vithanage did not identify any suspect, but Anusha Vithanage identified one of the suspects. SIU forwarded a report on the identification parade on 1 August 2003 for further advice, which is awaited.
1487 S. and A. T., two Tamil youths residents of Alankerni and Thaha Nagar, respectively, in Trincomalee district. They were reportedly arrested under the Prevention of Terrorism Act (PTA) in January 2002. It is alleged that while in detention by Sri Lankan security forces, police officers tied a nylon rope to A. T.’s genitals and dragged him along the floor during interrogation. He was reportedly taken to hospital by the police but was not examined by the District Medical Officer (DMO). It is reported that the DMO issued a medical report without examining them. It is also reported that they were brought before the Trincomalee magistrate on 15 January 2002, who ordered that the two men should be examined by the Colombo Judicial Medical Officer.
1488 Padukkage Nishantha Thushara Perera, a 23-year-old man, was reportedly arrested by four police officers on 7 September 2003 at around 4.30 a.m. He was reportedly brought to the Divulapitiya police station, where he is believed to have been beaten on his spine and back. It is reported that that Padukkage Nishantha Thushara Perera had not received prompt and adequate medical treatment. His father reportedly attempted to visit him on 8 September 2003 but was arrested and kept at the same police station. The father was reportedly released on the following day, allegedly following the intervention of a local politician. It is further reported that Padukkage Nishantha Tushara Perera had been taken to a Magistrate with allegedly false charges and remanded in prison.
1489 D. P., aged 14, was reportedly arrested on 1 September 2003 at around 10.30 p.m., by about six police officers dressed in civilian clothes. He was allegedly said to confess to the theft of a chain, and taken to Saliyawewa police post where his hands were reportedly tied behind him. It is reported that he was hung on a beam and subjected to torture and other forms of ill-treatment. D. P. was reportedly released on 2 September 2003. He was reportedly taken to General Hospital of Putlam on 3 September. On 5 September police officers allegedly forced D. P. to leave the hospital. It is reported that D. P. fell very ill at home but, due to alleged police pressure the hospital would not admit him. Attempts to get help from the child welfare office also reportedly failed for their alleged fear of the police. A human rights organization reached the family and tried to take the child to a hospital outside the area. Meanwhile the Child Rights Authority, reportedly took D. P. to a hospital in Colombo where he was reportedly treated. It was reported that D. P.’s family was pressured by the police to stop transmitting complaints against the police officials.
1490 Mohamad Ameer Mohamad Riswan, aged 23, Suppaiya Ravichandran and Abdul Karim Mohamad Roshan Latief, aged 30, were on 30 August 2003 reportedly forced into a van, blindfolded, and taken to the Wattala police station. On the night of 31 August 2003 the three men were reportedly taken to the office of the Deputy Inspector General, North Colombo at Paliyagoda. There, Mohamad Ameer, Suppaiya Ravichandran and Abdul Karim were allegedly handed over to a senior officer who allegedly beat them with a brick and other objects on their legs, stomachs, chests, and hands. It is reported that they were forced to confess to involvement in a robbery. As a result of the treatment, the three above-named persons reportedly suffered multiple injuries of differing levels of severity. They were reportedly brought back to the Wattala police station on 1 September 2003. It is reported that, following a complaint, the three men saw a Judicial Medical Officer and appeared before a Magistrate.
1491 Sunil Hemachandra, a 28-year-old rubber tapper, was reportedly arrested at his home on 24 July 2003 at approximately 12.15 a.m. by police officers from the Moragahahena station. It is reported that when the family went to the police station on 25 July 2003, they found him lying in a police cell, unconscious and bleeding from the nose. It is reported that he was brought to the Horana Hospital, and that he died on 26 July 2003, after having been transferred to the General Hospital in Colombo. According to the information received, several days before his arrest, Sunil Hemachandra was approached by police officers who allegedly attempted to extort money from him. It is believed that an officer from the station reported to the BBC Sinhala correspondent that Sunil Hemachandra had developed epilepsy and collapsed upon his arrival. However, it is also reported that Sunil Hemachandra had no history of illness. It is said that a complaint made to the Assistant Superintendent of Police (ASP) of Horanam regarding Sunil Hemachandra has not yielded any results. It is reported that ASP has been assigned to investigate the case along with the officers from the Moragahahena station who are reportedly suspected of causing Sunil Hemachandra’s death. The ASP has allegedly made statements exonerating the police. Complaints have reportedly been made to the National Human Right Commission, the National Police Commission and other judicial agencies.
1492 The Government informed that SIU conducted an investigation into the allegation and forwarded the investigation notes on 15 September 2003 to the Attorney-General's Department, which is receiving the attention of the Attorney-General.
1493 Ajith, from Ganemulle, Gampaha district, aged 18. He was reportedly arrested on 15 June 2002 by the officer-in-charge of the Ganemulla police and detained without charges at Ganemulla police station. He was allegedly subjected to torture and other forms of ill-treatment. It is reported that his mother complained to the Supreme Court that her son had died during the time he was held at the Ganemulla police station. According to the information received, on 17 June 2002 the police informed Ajith’s mother that her son had committed suicide by jumping in front of a train.
1494 Garlin Kankanamge Sanjeewa, a 25-year-old soldier, was reportedly arrested by police officers from the Kadawatta police station under suspicion of robbery on 27 August 2003. On 28 August 2003, the police reportedly found Sanjeewa dead in his cell. The authorities reportedly claimed that Sanjeewa hung himself with the belt of his trousers because he was so ashamed to be in detention. However, it is reported that a Garlin Kankanamge Sanjeewa’s relative, who allegedly saw his body, noticed a wound on one arm and blood flowing from the lower part of his body.
1495 Okanda Hevage Jinadasa, on 5 September 2003, was allegedly stopped by two Grama Arakshaka personnel, reportedly paramilitaries attached to the Okkampitiya police post. It is alleged that they beat him and brought him to the Okkampitiya police post. He was allegedly beaten with fists and poles and had his neck and testicles squeezed until reportedly he died. It is reported that police personnel took his corpse to the Okkampitiya government rural hospital, allegedly pretending that he was unconscious. The doctor who examined the body reportedly stated that he had died before being brought to the hospital. It is reported that the police said that he died as a result of falling from a chair. The Monaragala magistrate who reportedly held the inquiry on 7 September 2003 is said to have ordered the body be sent to Karapitiya (Galle) Teaching Hospital for an autopsy. The Judicial Medical Officer (JMO) who reportedly did the autopsy told the magistrate that he found injuries on the victim's body caused by blunt weapons, but that the victim's death was not due to these injuries. The JMO has reportedly reserved his decision on the cause of death till further investigation is completed. The Monaragala Assistant Superintendent of Police (ASP) has reportedly arrested two Grama Arakshaka personnel for questioning.
1496 Kurupanawa Gamage Nihal, from Katagoda, Udugama, was reportedly stopped on 17 August 2003 by six individuals in civilian clothes. One of the men, reportedly identified as a sub-inspector, allegedly beat Kurupanawa Gamage Nihal with a pole until it broke. He reportedly fell to the ground and was kicked by the sub-inspector all over his body, particularly the legs, face, and back. He was reportedly beaten on the cheeks until his left cheek began to bleed. The other officers accompanying the sub-inspector reportedly participated in those acts. Kurupanawa Gamage Nihal was then reportedly taken to the Udugama police station and transferred to the District Hospital afterwards, accompanied by three police officers. While the Kurupanawa was in the hospital, the above-mentioned sub-inspector and another officer reportedly forced him to put his thumbprint on a bottle and to sign some documents. It is also alleged that Kurupanawa Gamage Nihal was forced to leave the hospital on the next day and that two police officers brought him before a magistrate, who is alleged to have ordered his detention for 14 days. When he was reportedly taken to the detention prison at Galle, he was allegedly denied access to medical treatment. It is also reported that Kurupanawa Gamage Nihal was released on bail on 21 August 2003. It is believed that according to the medical report by the judicial officer, he sustained, among other things, a 3-centimetre horizontal laceration on the left side of the parietal region, and a 6-centimetre circular swelling on the left parietal region.
1497 L. aged 17, was reportedly arrested on suspicion of murder by Cheddikulam police on 28 August 2002. It is alleged that police officers, verbally abused, punched and kicked her at the time of arrest. It is alleged that police officers severely assaulted her brother in front of her while in custody. It is reported that L.’s mother, M. Shantbythevi, aged 38, was also arrested and that police personnel assaulted her daughter and son in front of her. On 29 August 2002 the two women were reportedly brought before a magistrate.
1498 By the same letter, the Special Rapporteur advised that he received further information regarding Nandini Herath, whose case was included in a joint urgent appeal sent jointly on 13 September 2002,with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the independence of judges and lawyers, to which the Government responded by letter dated 10 October 2002 (see E/CN.4/2003/68/Add.1, paras. 1628 and 1629). It is reported that as of 2 June 2003, the case was still with the Attorney-General’s Department and Nandini Herath’s relatives were reportedly still being subjected to intimidation and harassment by members of the police force. Five police officers were reportedly transferred out of the Waraiyapola police station. It is reported that the officer-in-charge of Wariyapola police station, who is said to have been severely implicated in the torture practices and was charged, had not been transferred.
1499 Saliva Padma Udava Kumara, aged 26, was reportedly arrested by police officers from Wathegama police station in Kandy District around 4 p.m. on 26 August 2003. It is alleged that he was seriously ill-treated on 26 and 27 August. On 28 August 2003, Saliva Padma Udava Kamara was reportedly moved from the police station. His parents allegedly have not been able to learn of his whereabouts. It is reported they made the complaints to the National Human Rights Commission, the National Police Commission and other authorities.
1500 By letter dated 25 September 2003, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur advised the Government that he had received information concerning Michael Colin David, a 33‑year-old resident of Trincomalee, and a member of the Eelam People’s Democratic Party (EPDP). He was reportedly arrested in Trincomalee by the Criminal Investigations Department (CID) from Colombo on 20 July 2002. He was reportedly taken to the fourth floor of the Police Headquarters in Colombo, where the police allegedly asked him to sign a document in Sinhalese, a language he did not understand. It is alleged that, as he refused to sign the document, police officers forced him to lie on a bench, closed his mouth and poured water into his nostrils. The police officers allegedly threatened to inject him with a lethal substance if he did not sign the document. As a result, he reportedly signed it. He was reportedly taken before the Jaffna Magistrate on 2 August 2002, and complained that he had been severely assaulted by the police. The magistrate reportedly ordered that Michael Colin David undergo a medical examination by the Judicial Medical Officer (JMO) of the Jaffna Teaching Hospital and that the acting Superintendent of Jaffna prisons should provide maximum security to the suspect.
1501 By letter dated 25 September 2003, sent jointly with the Special Representative of the Secretary-General on human rights defenders, the Special Rapporteur advised the Government that he had received information concerning W.A. Dhanapala Perera, an astrologer from Panadura, Kalutara District. It is reported that on 15 September 2002, a sub-inspector and a sergeant, along with other police officers, came to his residence at and took him into to Kalutara police station. There he was reportedly stripped naked and his hands and wrists tied together with a rope. His knees were also reportedly bent towards his chest, and his tied hands were placed below the bent knees. An iron bar was allegedly put through under his bent knees. It is reported that the ends of the bar were placed on two tables, thus suspending him above the ground. He was allegedly hit with batons and poles and accused of murdering the student. His mouth, nostrils and eyes were allegedly sprayed with chili powder. The Supreme Court reportedly held that the fundamental rights of W.A Dhanapala Perera had been violated by these officers, and ordered the perpetrators to pay compensation and costs. In addition, the court reportedly ordered that the Superintendent of Police and the Inspector General of Police (IGP) to take appropriate action against these officers.
1502 By letter dated 26 September 2003, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Rapporteur on violence against women, the Special Rapporteur advised the Government that he had received information concerning Sathasivam Rathykala, a 22-year-old woman held in detention in Batticaloa prison since 23 July 2002. She was reportedly arrested on 24 November 2001 by four male police officer from the Methirigirya police station and taken to the office of the Criminal Investigation Department (CID) in Polonaruwa. At about midnight, she was reportedly put alone in a cell, where it is alleged that officers from the Methirigirya police station and the Polonaruva CID threatened to shoot her with a gun, put chili powder all over her body, suspended her from the ceiling, slapped her ears and cheeks repeatedly, kicked her back, beat her with rope, and burned her all over with cigarettes. She was then allegedly raped by 12 police officers. On 26 November 2001, she was reportedly transferred to the Kaduruwella police station where she was held for one month. It is believed that she was presented to a magistrate on 29 November 2001, and reportedly remanded to the Anuradapura prison where she was held for another month before being transferred to Welikada prison for one month. She was reportedly transferred to Batticaloa prison on 23 July 2002 and granted bail on 19 September 2002. It is reported that she suffered acute mental trauma. The Batticaloa Judicial Medical Officer (JMO), who reportedly examined her on 30 August 2002 and reported to the Eastern High Court on 18 September 2003 that counselling and rehabilitation should be provided to Sathasivam Rathykala. The inquiry on this case has reportedly been postponed by the Eastern High Court.
1503 By letter dated 26 September 2003, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur advised the Government that he had received information concerning the cases listed in the following paragraphs.
1504 Indrani Silva, was reportedly arrested on 25 September 2002 at 11.30 a.m. and taken to Vavuniya prison, along with four other individuals, in connection with the murder of her husband. She was allegedly punched, kicked and beaten with sticks. It is alleged that two police officers threatened to strip her naked if she did not tell the truth. That evening she was reportedly brought before a magistrate. On 26 September 2002, she was reportedly taken to hospital, but did not receive proper medical treatment. It is reported that due to her injuries she was unable to move one of her hands properly.
1505 Siriyalatha Herath, aged 39, was reportedly taken to the Wariyapola police station, Kurunegala district, on 8 March 2002 for questioning in connection with a robbery at a local temple. She was allegedly kept in police custody for two days, during which she was allegedly sexually abused by the police.
1506 By letter dated 8 October 2003, the Special Rapporteur reminded the Government of a number of cases transmitted in 2002 for which no responses had been received.
1507 On 9 April 2003, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, concerning K. T. Kumarasinghe, a 33-year-old member of the Sri Lankan army. He was reportedly arrested on 1 April 2003 at 10.40 p.m. on charges of theft, and taken to the Galagedara police station. He is believed to have been assaulted with belts and iron bars, and beaten severely on his feet, buttocks, and other parts of his body. It is reported that he was hung from a beam and beaten. It is alleged that on 4 April 2003, a lawyer visited the Galagedara police station to inquire about K. T. Kumarasinghe. However, the officer-in-charge reportedly told him that he had been transferred from the police station. The officer is believed to have admitted to having used torture on the detainee and to have claimed that torture was the only way to investigate the theft charges. In view of his alleged incommunicado detention in an unknown place, fears were expressed that K. T. Kumarasinghe may be at risk of torture or other forms of ill-treatment.
1508 By letter dated 4 December 2003, the Government reported that SIU had commenced investigations into the alleged assault. A statement of K.T. Kumarasinghe was recorded on 9 August 2003, in which he confirmed that his brother made a complaint to the Human Rights Commission of Sri Lanka on his arrest and alleged assault. However, he categorically stated that he does not want any legal action against any police officer. He also sought to withdraw the complaint made by his brother and stated that he will inform his brother, accordingly. Subsequently, on 10 August 2003, K.T. Kumarasinghe filed an affidavit to the Human Rights Commission of Sri Lanka to this effect. In the circumstances, no action will be taken to frame charges against Galagedara police on the alleged incident.
1509 On 16 October 2003, the Special Rapporteur sent an urgent appeal concerning Lalith Rajapakse. He was reportedly severely tortured during his detention at the Kandana police station in April 2002. An urgent appeal was sent in connection with this case on 16 May 2002, to the Government responded (E/CN.4/2003/68/Add.1, paras 1625 and 1627). A criminal action was reportedly filed under the 1994 Torture Act against a sub-inspector and other officers. The case is reportedly now pending before the Negambo Magistrates Court. A case is also reportedly pending before the Supreme Court and is scheduled to be heard on 23 October 2003. The above-mentioned sub-inspector reportedly continues in his post as officer-in-charge of the Kandana police station. It is alleged that Lalith Rajapakse, his relatives as well as several persons from human rights groups who have assisted him have been pressured and intimidated into not proceeding with the cases.
1510 On 30 October 2003, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary execution and the
Special Representative of the Secretary-General on human rights defenders, concerning B. G. C. B. J., aged 17, and his family, whose case was included in an allegation letter sent by the Special Rapporteur on the question of torture on 25 September 2003. B. G. C. B. J.’s mother reportedly received death threats on 29 October 2003 by a group of police officers, who intercepted her as she was going to the Magistrates Court where her son’s case was being heard. It is alleged that the policemen also threatened to kill B. G. C. B. J., who was said to be on his way to attend the proceedings of the United Nations Human Rights Committee.
1511 By letter dated 1 December 2003, the Government reported that SIU conducted an investigation into the allegation. SIU recorded statements of B. G. C. B. J. and others who were taken into custody along with him, and of 20 witnesses. The Judicial Medical Officer (JMO) of Kandy Hospital, who examined B. G. C. B. J., stated to SIU that the patient had grievous injuries caused by a blunt weapon. This was confirmed by another JMO. SIU has almost completed its investigations, at the conclusion of which it would forward an extract of the investigation notes to the Attorney-General’s Department for further action. An inquiry by the regional office of the National Human Rights Commission in Kandy, came to the finding that the complaint was unfounded. Representations were made on behalf of the victim, and the Chairperson of the National Human Rights Commission, has ordered a fresh inquiry and this inquiry, which is now in progress.
1512 On 6 November 2003, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, concerning H. L. S. K., aged 16. On 12 September 2003 it is reported that he was questioned for several hours about a theft at his employer’s. On 13 September 2003, at Rathgama police station, H. L. S. K. was reportedly kicked, hung up on a tree and then dropped on to the ground by the sub-inspector. He was reportedly taken to a cell where he was handcuffed to an iron railing on a bed. He was reportedly given some food but no water. On 14 September 2003, he was reportedly taken to another small building where, according to the information received, he was forced to remove his clothes and chili powder was applied on his genitals. It is alleged that the police subsequently wrapped his head and face with his T-shirt and then repeatedly poured water on his face, which allegedly caused him to nearly suffocate. It is alleged that he was subsequently forced to face a wall and beaten on the back, buttocks and legs with wooden sticks. According to the information received, he was later taken by the police to a cemetery in front of the navy camp, Boossa, ordered to dig a grave, and was immersed in a water pit. Upon being returned to the police station one hour and half later, he was allegedly subjected to further ill-treatment. On 15 September 2003 he was allegedly assaulted again. On the evening of that day, he was allegedly taken to a beach, ordered to run and threatened with being shot. He was reportedly beaten again with sticks. His mother was reportedly allowed to see him for the first time since his arrest on 17 September 2003. It is reported that he could hardly walk, he had a black eye, swollen soles and wounds to the elbows and knees. The request of his mother for medical assistance for him was reportedly denied. Later on that day, he was allegedly beaten and kicked again. H. L. S. K. was reportedly produced before a court on 19 September 2003 and sent to the Kithulampitiya Remand Home. He was transferred to the Karapitiya Teaching Hopistal on 21 September 2003. Upon release on bail after being produced before the Galle Magistrate’s Court on 24 September 2003, he and his family reportedly filed complaints to the National Human Rights Commission and the
Supreme Court. The Supreme Court reportedly issued leave to proceed in a fundamental rights application and ordered the National Police Commission (NPC) to conduct a disciplinary inquiry into the case. It is reported that since then, he and his family have been receiving death threats by the alleged perpetrators. It is reported that officers alleged to be involved in the above-described treatment continue to serve at the same police station. Fears were expressed for the life and physical integrity of H. L. S. K. and his family if no adequate measures were taken to ensure their safety.
1513 By letter dated 1 December 2003, the Government provided further information concerning a letter sent on 2 September 2002 (E/CN.4/2003/68/Add.1, para. 1487).
1514 Concerning Mahendranathan Shankar (ibid., para. 1488), the officers of the Special Investigations Unit (SIU) , the specialized unit of the Sri Lanka Police, established to investigate allegations of torture, visited Jaffna on 7 April 2003 to record a statement of the alleged victim. According to his statement, he was arrested by army personnel on 4 July 2001 and was taken to Uralu army camp where he was detained for six days. He was then handed over to Kankesanthurai police and detained for about a month and was further remanded for about nine months on a court order. He filed an application to the Supreme Court and was released subsequently. He also made a complaint to the National Human Rights Commission with a view to getting compensation. However, the alleged victim stated that he does not want further investigations into this incident to be conducted. The alleged victim has been requested to produce an affidavit to this effect in order to terminate investigations. He is yet to file his affidavit. If his request to withdraw is proven by an affidavit, then SIU will have no alternative but to terminate the investigation. As at present, investigations are continuing.
1515 Concerning Krishnasamy Thiviyan (ibid., para. 1490), SIU recorded a statement on the alleged incident by Krishnasamy Thiviyan on 9 April 2003. SIU recorded a statement of a doctor of the District Hospital Thelippalai, who stated that she examined Krishnasamy Thiviyan on 15 July 2001 and that she observed bruises on the lower lip and on the right cheek, which could have been about a week old and could have been caused due to an assault or a fall. Krishnasamy Thiviyan complained to the doctor that he was assaulted by army personnel but he did not mention any names. Statements of the army unit which arrested Krishnasamy Thiviyan said that when he was arrested he fell from a bicycle which caused the bruise on the lower lip, the alleged perpetrators were unknown; that the Vice Chancellor and students of the Jaffna University visited him, and he was handed over to the Kankasanthurai police station. According to the senior police officer there, he did not complain of any assault, but admitted that a bruise was caused as a result of falling from the bicycle. The Kankasanthurai police conducted further investigations and uncovered information that Krishnasamy Thiviyan was a member of LTTE. After its investigation, SIU on 15 September 2003 forwarded the investigation notes to the Attorney-General's Department for advice on further action. The matter is receiving the attention of the Attorney-General.
1516 Concerning Alagaiah Murugathas (ibid., para. 1491), according to SIU, he stated that he was arrested by the Thirukovil Special Task Force (STF) on 14 June 2001 and subjected to acts of torture. On 4 July 2001 he was examined by the District Medical Officer of the Thirukovil Hospital, who reported that there were no external wounds. It was revealed that he was handed over to Amparai Police Special Unit on 1 August 2001 and detained for further 90 days on detention orders under the Emergency Regulations. He was released on 15 October 2001 on the advice of the Attorney General that the evidence against him was insufficient to indict him. The officers of the Thirukovil STF stated in their statements that Alagaiah Murugathas was taken into custody on 3 July 2001 by STF on information received from an informant. He was handed over to Amparai Police Special Unit on the following day. They did not know what happened to him thereafter. The officers of STF stated that they did not beat the suspect while in their custody. After the investigations, SIU has forwarded the investigation notes to the Attorney-General's Department on 24 September 2003, seeking advice on further action. Such advice of the Attorney-General's Department is awaited.
1517 Concerning Ponnapillai Sivanasan (ibid., para. 1493), according to SIU, after various attempts it has been unable to trace the victim for a statement, and 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 his arrest, detention and torture before the trial Court. The Government reported that assistance of the Special Rapporteur in locating Ponnapillai Sivanasan and obtaining a statement was sought.
1518 Concerning Sivalingam Sathiskumar (ibid., para. 1495), according to the SIU investigation the medical superintendent of Ampara Hospital stated that Sivalingam Sathishkumar was produced before him on 17 May 2001 by STF. He discovered external injuries on the body of the alleged victim. These could have been caused by a blunt weapon or as a result of a fall when running. He was again examined on 13 and 25 of June 2001 and 7 and 16 July 2001. He did not have external or internal injuries at that time. According to the STF officers who arrested Sivalingam Sathishkumar, they denied that he was subjected to torture. Officers of Ampare Counter Subversive Unit, who took over Sivalingam Sathiskumar from the STF, denied any assaults. After completing investigations, SIU forwarded an extract of the investigation notes to the Attorney-General's Department for advice. The Attorney-General's Department decided not to take legal action against STF personnel, as the alleged victim had not identified which officer had assaulted him. However, the Attorney-General's Department decided to indict the suspected officers of CSU under the Torture Act. Indictments will be sent to the relevant High Court in due course.
1519 Concerning Thangarasa Sathan (ibid., para. 1497), according to the SIU investigation, Thangarasa Sathan filed a fundamental rights violation case in the Supreme Court of Sri Lanka and it decided that the alleged victim's fundamental rights had been violated. The first respondent was ordered to pay Sri Lanka rupees 5,000 as compensation. The Police Department subsequently initiated a disciplinary inquiry against the respondents. Notwithstanding, SIU collected statements from Thangarasa Sathan, including another person who was taken into custody along with him on 5 March to a police post. Thangarasa Sathan stated that he was subject to acts of torture at the police post. He later received treatment at Vavuniya Hospital. The police personnel denied that any of them assaulted the suspect while in their custody. The Medical Officer of the Vavuniya Hospital, who examined Thangarasa Sathan on 27 March 2001 stated in his statement that there were the wounds could have been inflicted around the beginning of March. SIU on 18 September 2003 forwarded the investigation notes to the Attorney-General's Department seeking advice on further action. The advice of the Attorney-General's Department is awaited.
1520 Concerning R. Wigneshwaran (ibid., para. 1499), according to SIU, after various attempts it has been unable to trace the victim for a statement, and 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 his arrest, detention and torture before the trial court. The Government reported that assistance of the Special Rapporteur in locating R. Wigneshwaran and obtaining a statement was sought.
1521 Concerning L. P. Maithreepala Senadira (ibid., para. 1501), according to SIU’s investigation, the alleged victim stated that he made a complaint to the National Human Rights Commission, received Sri Lanka rupees 15,000 as compensation from the police and agreed to settle the case. L. P. Maithreepala Senadira stated to SIU that he did not want further investigations or legal action against the police. In the statement to SIU, the police had denied there was a settlement as indicated by L.P. Maithreepala Senadira. SIU after its investigations, forwarded extracts of investigation notes to the Attorney-General's Department for advice, which decided to indict the two suspected police officers under the Torture Act. However, when the case was called at Anuradhapura High Court on 16 September 2003, it was withdrawn by agreement of the two parties; as the victim stated, they had already come to a settlement before the Human Rights Commission and he did not desire any further action.
1522 Concerning Nadarajah Thiruchelvan (ibid., para. 1503), the Government informed that the Criminal Investigation Department initiated investigations into this allegation on 25 April 2001. The records of the Terrorism Investigation Department (TID) indicated that a person named Nadarajah Thiruchelvam had not been arrested by TID. In the circumstances, further investigations cannot be continued unless further details were provided.
1523 Concerning Sarojinidevi Thawarajah (ibid., para. 1505), SIU commenced investigations on the alleged incident, however the alleged victim has subsequently withdrawn the complaint and stated that she does not wish to pursue further action against the TID officers concerned. She has submitted an affidavit to this effect. On the basis of the alleged victim's withdrawal of the complaint, the investigations were terminated.
1524 Concerning Nadarajah Rasalingam (ibid., para. 1507), SIU conducted an investigation into the alleged incident and sought the advice of the Attorney-General's Department on further action. The Attorney-General's Department, after examining the investigative material, decided to indict the suspected police officer under the Torture Act. Indictments were sent to Ampara High Courts on 15 September 2003, and the case is pending.
1525 Concerning Muniyandi Selvarajah (ibid., para. 1509), the Government repolrted that there was a fundamental rights violation case in the Supreme Court of Sri Lanka where a number of police officers were found guilty, in this regard. They were also ordered to pay Sri Lanka rupees 5,000 as legal charges and compensation. When statements of the suspected police officers were recorded they mentioned that some detainees filed affidavits claiming that Muniyandi Selvarajah and some other suspects inflicted wounds on themselves in order to get compensation from the officers of CSU. Four such detainees have confirmed this in their statements. After completing its investigation, SIU has forwarded the investigation notes to the Attorney-General's Department, for advice on further action. The Attorney-General Department after examining the investigation material, decided to indict the suspected police. They will be indicted in the High Court shortly.
1526 Concerning Anthonipillai Reginold (ibid., para. 1511), according to SIU’s investigations the alleged victim said that he was subjected to torture by the officers of the Amparai CSU after being taken into custody. He was also detained at the Boosa detention camp, and Badula and Baticaloa prisons, until his release on 10 October 2002. The alleged victim was produced before District Medical Officer of the Amparai Hospital on 2 October 2000 while in custody. The doctor indicated that he had not complained of any illness and no injuries were found upon examination. He was again examined by the same medical officer on 7 and 8 October 2000 but there were no complaints of illness or beatings by the police. When examined by the District Medical Officer of the Karapitiya Hospital on 6 June 2002, while being detained at the Boossa Detention Camp, the medical officer noticed 13 scars in his body. On that occasion he told the medical officer of his beatings. The medical officer has observed that the injuries could be at least six months old. One was a grievous injury while the rest were not. Anthonipillai Reginold subsequently filed a fundamental rights violation against the police officers, and the Supreme Court ordered the respondents to pay Sri Lanka rupees 5,000 as compensation and the Government to pay legal charges. After completing its investigation, SIU forwarded the investigation notes to the Attorney-General's Department on 19 May 2003 for advice on further action. Such advice is awaited.
1527 Concerning Muruthiah Yogarajah (ibid., para. 1513), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator, it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government informed that assistance of the Special Rapporteur in locating Muruthiah Yogarajah and obtaining a statement was sought.
1528 Concerning Murugesupillai Santhanarasa (ibid., para. 1515), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator, it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that assistance of the Special Rapporteur in locating Murugesupillai Santhanarasa and obtaining a statement was sought.
1529 Concerning Anthonypillai Jayakanthan (ibid., para. 1517), SIU has indicated that in the course of its investigations the alleged victim has stated that he did not complain of assault, but rather his mother made the complaint. The alleged victim stated that, even though he was beaten by officers of the Kirulapana police, he did not suffer serious injuries and also he could not identify the officers. As he was planning to go abroad, he did not want any inquiry. As investigation cannot be conducted without the cooperation of the alleged victim, SIU has terminated the investigation.
1530 Concerning Selvarajah Thamilselvan (ibid., para. 1519), SIU reported that it commenced investigations into the alleged incident of torture and recorded a statement from Selvarajah Thamilselvan on 17 June 2003. He stated that he was taken into custody on 22 June 2000 by officers of TID, and subsequently tortured. After being detained at TID for a few months, he was produced before Hultsdorf Magistrate Court on 12 February 2001 and was further detained first at Welikada Prison, and later at Boossa Detention Camp. During that time, he made a complaint to the National Human Rights Commission, and by a decision of the Supreme Court, he was released on 21 September 2001. However, when he made the statements to SIU, Selvarajah Thamilselvan categorically mentioned that he did not want any lawsuits against the TID officers concerned. He has produced an affidavit, authenticated by the Divisional Secretary of the area to this effect.
1531 Concerning Subramaniam Kannan (ibid., para. 1521), the Attorney-General's Department directed the Criminal Investigation Department (CID) to conduct an investigation into this incident. CID recorded a statement from the alleged victim. However, he stated that he did not know the names of the persons who took him into custody or perpetrated torture on him. He further stated that he could not identify them if he sees them again. In the circumstances, the Attorney-General's Department has advised CID that it is not possible to initiate a criminal prosecution on this alleged act of torture.
1532 Concerning Thushan Silva (ibid., para. 1523), the Criminal Investigation Department on 22 July 2002 commenced a criminal investigation into the complaint and after completing its investigations forwarded extracts of its investigation notes to the Attorney-General's Department for a decision. The Attorney-General has decided to institute indictments against accused police officers. Indictments will be filed in the relevant court shortly.
1533 Concerning Nagaraja Vamaneswaran (ibid., para. 1525), SIU investigations have revealed that it has not received any evidence against any army or police officers. It has forwarded the investigation notes to the Attorney-General's Department on 15 September 2003 seeking advice on further action. The Attorney-General, after examining the investigation material, decided on 4 November 2003 that there is no substantial evidence to initiate criminal proceedings.
1534 Concerning a man known as “old father” (ibid., para. 1527), SIU indicated that the information provided is insufficient to commence an investigation and to take further action. The Government of Sri Lanka cannot undertake a criminal prosecution based on the facts as recounted in the communication, and would welcome any information from the Special Rapporteur on details of the incident.
1535 Concerning Sivaguru Ravaneethan (ibid., para. 1528), SIU indicated that the individual is now in France and it is making efforts to contact him to obtain a statement on the alleged torture incident.
1536 Concerning Mohamed Farik Sanoos (ibid., para. 1530), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that the assistance of the Special Rapporteur in locating Mohamed Farik Sanoos and obtaining a statement was sought.
1537 Concerning Ratnam Mahendran (ibid., para. 1532), SIU conducted investigations into the incident, and in his statement the alleged victim said that while he was at Vavuniya town on 23 May 2000 he was taken to Kadiyiruppu Junction army camp in a three-wheeled vehicle, blindfolded, and beaten at Kadiyiruppu Junction and Joseph army camps, and released on 28 May 2000. He has not identified the persons who beat him. The doctor who examined him following his release confirmed that he obtained treatment for wounds at Vavuniya Family Rehabilitation Centre. The army headquarters in Colombo informed SIU that neither the Vavuniya base nor its units have any records of an arrest of this person. There are no records of an officer called Corporal Rajapakse, either. After the investigations, SIU sought the advice of the Attorney-General's Department on further action. The Attorney-General's Department has instructed that there cannot be any further action on this incident due to lack of evidence.
1538 Concerning Kathiravelu Jegathas (ibid., para. 1534), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that the assistance of the Special Rapporteur in locating Kathiravelu Jegathas and obtaining a statement was sought.
1539 Concerning Navaratnam Sureshkaren (ibid., para. 1536), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that the assistance of the Special Rapporteur in locating Navaratnam Sureshkaren and obtaining a statement was sought.
1540 Concerning Balachandralal Piratheepan (ibid., para. 1538), the SIU recorded a statement of the alleged victim on 7 Apri12003, where he stated that he does not want further investigations to be conducted and requested his complaint be withdrawn. Subsequently, the alleged victim has been requested to produce an affidavit to this effect. SIU has also requested both the Divisional Secretary and the Senior Superintendent of Jaffna to obtain an affidavit from the alleged victim. He is yet to file his affidavit. If his request to withdraw is proven by an affidavit and it is confirmed by the Divisional Secretary that he is doing so of his own free will, then SIU will have no alternative but to terminate the investigation. At present, investigations are continuing.
1541 Concerning Sinnathurai Vijayaruban (ibid., para. 1540), SIU recorded the statement on 27 September 2002 of an army captain, who confirmed that a team led by him took Sinnathurai Vijayaruban to Uralu Camp and detained him for six days on detention orders. Captain Kapugamage denied that the alleged victim was subjected to torture while under their detention. He also stated that there were no army personnel at Uralu Camp with the names identified by the alleged victim. The alleged victim was examined by the Judicial Medical Officer (JMO) of Jaffna Hospital on 30 May 2001. SIU is waiting to record the statement of JMO to continue its investigations
1542 Concerning Selvarasah Nandakumar (ibid., para. 1542), in his statement, the alleged victim said that he was taken from his home by about 9 or 10 officers to Uralu army camp. He stated he was blindfolded and assaulted there and later subjected to torture at the Nirveli camp. After three days, he was handed over to his mother and was asked not to go to the hospital or to ICRC, and asked to report to the camp every five days. He stated that even though he was blindfolded he recognized the perpetrators’ voices. On 3 February 2000, when he was at home, six army personnel came to his house and asked him to come to the Uralu camp, but he could not say whether they were the same personnel who arrested him earlier. Representatives of ICRC visited him when he was detained in the camp but he did not inform them about the assault. After three days he was handed over to his mother and the officers issued a certificate to his mother about his arrest. They also obtained a letter from the victim saying that he was not assaulted. Six officers came to his house on 2 May 2002 and took him to the Uralu camp. The officers who came earlier to arrest him were among them. They kept him there for four days and continued to assault him. SIU requested the suspected army officers to come to SIU on 9 September 2003 to record statements but they did not report on that date. SIU is waiting for the JMO report and the suspected army officers to come and record their statements and to continue investigations.
1543 Concerning Marakandu Srivasagam (ibid., para. 1544), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator, it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that the assistance of the Special Rapporteur in locating Marakandu Srivasagam and obtaining a statement was sought.
1544 Concerning Rasaiah Baleshwaran (ibid., para. 1546), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator, it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial Court. The Government reported that the assistance of the Special Rapporteur in locating Rasaiah Baleshwaran and obtaining a statement was sought.
1545 Concerning Periyathambi Kuhanathan (ibid., para. 1548), according to SIU, in his statement the alleged victim stated that he was arrested by army officers on suspicion of being a LTTE member. He was taken to Varani army camp and detained for four days. He was subjected to torture during the interrogation. After four days he was handed over to Kankasanthurai police and later he was treated at Thelippalai hospital for wounds, before being produced in court and further remanded. The doctor who examined the alleged victim, on 26 January 2000 at Thelippalai hospital, confirmed that his injuries could be due to beatings by the army personnel as alleged. The police officers attached to the Terrorism Investigation Unit of the Kankasanthurai police, who took over the alleged victim from the army on 25 January 2000 have said in their statement that they did not notice any injuries at the time of assuming custody nor had the victim stated that he was beaten. SIU recorded statements of three army personnel identified by the alleged victim as the alleged perpetrators. The fourth person has subsequently left the army and his whereabouts are unknown. SIU forwarded the investigation notes to the Attorney-General's Department on 16 September 2003 seeking advice on further action. The advice of the Attorney-General's Department is awaited.
1546 Concerning Stephen Pius Romulus (ibid., para. 1550), according to SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator, it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reorted that the assistance of the Special Rapporteur in locating Stephen Pius Romulus and obtaining a statement was sought.
1547 Concerning Kadiravel Kamalarasan (ibid., para. 1552), he presented himself at SIU office on 10 Apri12003, and stated that he was unwilling to give a statement on the arrest. Therefore, SIU has terminated investigations.
1548 Concerning B. Manivannan and Babu (ibid., para. 1554), the Government reported that there is no recorded evidence of any such incident having taken place in January 2000, and that the information supplied by the Special Rapporteur is insufficient to initiate an investigation.
1549 Concerning Balasubramaniam Subaharan (ibid., para. 1555), the Criminal Investigation Department initiated an investigation into this allegation. He responded to a request by CID for a statement, by letter dated 7 January 2002, that through Supreme Court case No 426/2000, he had been compensated and he does not want any further investigations. In view of subsequent unsuccessful attempts to obtain a statement, the Attorney-General advised to conclude the investigation, as it was apparent that the complainant was no longer interested in pursuing his complaint of torture.
1550 Concerning Rajaratnam Thevaratnam (ibid., para. 1557), he stated to SIU that he was arrested by the personnel of the Kalmunai Special Task Force (STF) on 11 October 1999, and subjected to torture by them. However, Rajaratnam Thevaratnam had not identified the perpetrators by name, and has yet to respond to this request. SIU is unable to continue its investigations until his second statement is provided to them, and unless he can identify the perpetrators.
1551 Concerning Ratnam Sivakumar (ibid., para. 1559), SIU commenced investigations into this alleged incident and recorded a statement from Ratnam Sivakumar on 7 Apri1 2003. He requested his case be withdrawn, and produced an affidavit dated 5 August 2003 to this effect, stating that he withdraws all the complaints made by him for his own personal reasons.
1552 Concerning four young fishermen (ibid., para. 1561), SIU conducted an investigation into the incident and recorded statements of four witnesses, as well as the suspected police officers. After completing its investigations, SIU sought the advice of the Attorney-General's Department, which decided to indict the two police officers under the Torture Act. They were produced before the Negombo Magistrate and were released on bail. They were ordered by the Magistrate to appear in High Court when noticed.
1553 Concerning Kumaravel Perinbanathan (ibid., para. 1563), SIU conducted investigations into the incident. According to the alleged victim's statement given to SIU, he was arrested by police officers on 25 June 2001 and taken to Koddaveli Police Post. There, he was assaulted. He received treatment at Mannar and Vavuniya Hospitals as a result of the assault. He was later discharged by Mannar Magistrate. The District Medical Officer, who examined the alleged victim, reported that Kumaravel Perinbanathan received treatment from 28 June to 7 July 2001 for injuries which were not grievous. The police officers of the Koddaveli police post, in their statements, denied the assault. SIU, after its investigation, forwarded the investigation notes to the Attorney-General's Department for advice, which is awaited.
1554 Concerning Periyakarupan Tharshaman (ibid., para. 1565), according to the SIU, after various attempts it has been unable to trace the victim for a statement, and the proceedings of the investigation have been suspended. To successfully prosecute the alleged perpetrator it is essential that the victim give evidence recounting the details of his arrest, detention and torture before the trial court. The Government reported that the assistance of the Special Rapporteur in locating Periyakarupan Tharshaman and obtaining a statement was sought.
1555 Concerning Kanthappan Sarojini (ibid., para. 1567), CID commenced an investigation and recorded statements of the alleged victim and the Assistant Judicial Medical Officer (AJMO) of Colombo. In her statement to CID, Kanthappan Sarojini did not make any allegation of rape, but of sexual harassment. The AJMO had not observed any evidence of rape, but two scars on her body which may have been caused by an assault with a blunt weapon. She was also examined at least on nine occasions by the District Medical Officer of the Amparai Hospital and again by a doctor of the Badulla hospital while she was under remand custody in Badulla prison. She had not complained of rape or sexual harassment to the medical officers on those occasions. CID, after completion of its investigations, forwarded extracts of investigation notes to the Attorney-General's Department. After perusal of the material, the Attorney-General's Department concluded on 28 October 2003 that it was not possible to institute criminal proceedings against anybody due to the lack of available evidence and the inconsistency of the statements made by the alleged victim.
1556 Concerning Lalith Rajapakse (ibid., para. 1625), CID established that he had been arrested on 19 Apri1 2002 by the Kandana police, regarding a case of housebreaking and theft. The victim in his statement said that he was arrested by four officers of the Kandana police on the night of 18 Apri1 2002 and that they assaulted him at the time of arrest, as well as after being taken to the police station. He was put in the police cell where he became unconscious and when he regained consciousness he found himself at the Colombo National Hospital. Statements of several other persons who were in remand together with the victim on the same day have been recorded. The Assistant Judicial Medical Officer of the Colombo National Hospital, who examined the victim, reported that there were 10 injuries caused by a blunt weapon on his body. After completing the investigations, CID forwarded extracts to the Attorney-General's Department for advice. The Attorney-General's Department has decided to indict the suspected police officers and indictments were filed in the Negombo High Court.
1557 Concerning W. Gerard Mervyn Perera (ibid., para. 1571), in his statement to CID, he said that he was arrested by police officers in civilian clothes on 3 June 2002 at Gonagaha and was taken to the Wattala police, where he was questioned about a murder, then assaulted. The Assistant Judicial Medical Officer of Colombo, who examined the victim, confirmed that he had sustained injuries. The suspected police officers in their statements said that the alleged victim fell down when attempting to escape arrest, and they had to apprehend him using minimum force. They denied the allegation of torture. After completing investigations, CID forwarded extracts to the Attorney-General's Department for advice, which decided to indict the suspected police officers under the Torture Act. They will be indicted shortly at the Negombo High Court.
1558 Concerning Nimal Silva Gunaratne (ibid., para. 1573), he stated to CID that he was arrested on 8 July 2000 by the Rapid Expansion Unit (REU) of the Panadura police on suspicion of a killing, and subsequently subjected to torture. The witnesses who were present at the time of his arrest have confirmed that he was beaten by the police officers. Two eye surgeons who examined the alleged victim have reported that the injury to his right eye may have been caused by a blunt weapon or as a result of a fall. The Judicial Medical Officer who examined him on 10 November 2000 reported that he had injuries not older than six months on his body. CID forwarded extracts of its investigation notes to the Attorney-General's-Department for a decision, which is awaited.
1559 Concerning Kodituwakku Arachchige Samarasinghe (ibid., para. 1575), SIU recorded statements of the victim, some witnesses and the suspected police officers. According to the victim, two police officers visited his home on 10 November 2001 in relation to a murder investigation, and he was beaten over the following days by the sub-inspector. In his statement, the sub-inspector said no one by the name of Kodituwakku Arachchige Samarasinghe was asked to report to the police to record a statement on 11 November 2001 or subjected to torture thereafter. He stated that the police, at the request of his mother, assisted to take to the above-named to the Mental Hospital, which refused to accept the patient, who was then admitted to Nagoda Hospital. It was stated that, due to an oversight, this incident could not be recorded in the police books. Two other police officers have also made similar statements. After
completing its investigation, SIU has forwarded the investigation notes to the Attorney-General’s Department for advice on further action, which is awaited.
1560 Concerning Hewage Ranjani Rupika (ibid., para. 1577), according to SIU, she said in her statement that she was arrested on 14 September 2001 on suspicion of possessing illicit liquor by officers of the Matugama police, and was assaulted by the inspector. Hewage Ranjani Rupika, who was pregnant at the time, lost her child due to the assault and had to obtain treatment from 15 to 18 September 2001 and again from 23 to 25 September 2003. The inspector, in his statement, denied any assault of the alleged victim by him. After completing investigations, SIU forwarded an extract of investigation notes to the Attorney-General's Department for advice, which decided to indict Inspector S.A. Samarasinghe under the Torture Act. Subsequently, indictments were filed in Kalutara High Court and the case was taken up on 15 July 2003. He was released on bail and the next date of the trial is 17 December 2003.
1561 Concerning H. Fonseka (ibid., para. 1579), according to the investigations of SIU, the statements by the alleged victim to various authorities are inconsistent and insufficient to prove beyond doubt that the suspected police officer assaulted him. Nevertheless, SIU forwarded an extract of the investigation notes to the Attorney-General's Department for advice, which is awaited.
1562 Concerning Rajapakse Pathirage Kavinda (ibid., para. 1581), SIU conducted investigations into the incident and sought the advice of the Attorney-General's Department, which advised it to indict the suspected police officers. They will be indicted in the High Court shortly.
1563 Concerning Amarasinhage Morris Elmo de Silva (ibid., para. 1583), SIU, after recording the statements of the alleged victim, some witnesses and the suspected police officers, sought the advice of the Attorney-General's Department on whether it was possible to initiate legal action against the suspected police officers. A response is awaited.
1564 Concerning Namal Fernando (ibid., para. 1585), SIU forwarded an extract of the investigation notes to the Attorney-General's Department for advice, which decided to indict the suspected police officers. They were ordered to appear in Chilaw High Court on 22 July 2003. Indictments were served on that day and they were released on bail. The next trial date of the case in High Court is 19 January 2004.
1565 Concerning Ajith Navaratne Bandara (ibid., para. 1587), CID recorded statements of the alleged victim as well as the suspected police officers. He stated that, on 2 May 2001, he was assaulted by two persons in civilian clothes and taken to Keselwatte police station. There, he was beaten and an impression of his thumb was taken. He was brought before the magistrate on a charge of possessing heroine and was remanded. After he was released on bail, he received treatment at the hospital on 4 May 2001. The suspected police officers stated that, on a routine patrol on 2 May 2001 in Keselwatte area, they searched a person by the name of Ajith Navaratne Bandara, who behaved in a suspicious manner, and they recovered 80 milligrams of heroine in his possession. He was then taken into custody and brought to the police station. He was produced before the Panadura Magistrate on the same day and he further remanded him. The police officers who arrested him denied any assault at the time of the arrest or while in police custody. After completing the investigations, CID forwarded extracts of investigation notes to the Attorney-General's Department for advice, which is awaited.
1566 Concerning Vijitha Dissanayake (ibid., para. 1589), CID’s investigations revealed that the Judicial Medical Officer (JMO) at Nagoda hospital, who examined Vijitha Dissanayake on 22 March, 2001, had reported that the burn marks and the cut injuries of the forefinger of the left hand were self-inflicted. Despite repeated requests by CID to the victim to appear before the consultant JMO Colombo in order to examine the complainant along with the medical report, he failed to appear. In the circumstances, pursuing further action on this matter became impossible. The file was forwarded to the Attorney-General on 25 July 2002, who is to file an action against Vijitha Siriwardena for making a false complaint.
1567 Concerning Amarasinghe Arachchige Maithripala (ibid., para. 1591), CID conducted investigations into the incident and sought the advice of the Attorney-General's Department on 4 March 2003.The Judicial Medical Officer (JMO), who conducted the post-mortem, reported that it was a natural death caused by the enlargement of the liver and related illnesses. A police departmental inquiry was conducted in order to ascertain if there was any lapse on the part of the police. The only available evidence that Amarasinghe Arachchige Maithripala was beaten is the statement of deceased's mother, which was nearly 22 months after the incident. However, she has not identified any officer. The Attorney-General, having perused the investigation notes, has decided that there is no evidence to prove that Amarasinghe Arachchige Maithripala died as a result of anything other than natural causes.
1568 Concerning Bandula Rajapakse (ibid., para. 1593), an identification parade was held on 11 September 2002 at the Katuwana Mobile Magistrate Court. Out of 16 police officers, the victims identified four officers as assailants. Further investigations were conducted by CID and, after concluding, the investigations’ extracts were forwarded to the Attorney-General's Department for a decision. It decided to institute criminal proceedings against the suspected police officers. Subsequently, indictments were filed in the Negombo High Court. The date of the trial has not yet been fixed, but the trial will be conducted in due cause.
1569 Concerning Angeline Roshana Micheal (ibid., para. 1594), CID recorded the statement of the alleged victim on 20 March 2002 in which she stated that she was arrested by an inspector and constable of Narahenpita police on 3 December 2000 at her home on suspicion of theft of a wristwatch. She was taken to the police station and subjected to torture and was produced before the Magistrate's Court at Hultsdorf on 5 December 2000. CID investigations revealed that the victim was not been produced before a magistrate within 24 hours as stipulated by law. The victim informed the magistrate of the assault by police officers who ordered that she be examined by a medical officer. The Colombo Judicial Medical Officer who examined her reported that she sustained non-grievous injuries that may be attributed to beating. Other suspects detained at the Narahenpita police station on 3 and 4 December 2000 also confirmed that she was beaten. CID forwarded the investigation notes to the Attorney-General's Department on 11 April 2002, which decided on 4 June 2002 to indict the two suspected police officers under the Torture Act. The Supreme Court on 2 August 2002 ordered a sum of Sri Lanka rupees 30,000 as compensation, with cost to be paid personally to the victim by the inspector. The constable was produced before the Magistrate's Court of Hultsdorf on 19 June 2002 and released on a bail of Rs 5,000 and instructed to appear in High Court of Colombo when noticed. The two suspects were later indicted in the Colombo High Court and the case is now pending.
1570 Concerning Eric Antunia Kramer (ibid., para. 1596), SIU’s investigations revealed that the above-named was taken into custody by police on 28 May 2002 on suspicion of attempted theft. It is alleged that he was subjected to assault at the police station. He was released on 30 May 2002 without being produced in a court. The alleged victim was admitted to a private hospital on 7 June 2002 where he was examined by a doctor, who reported that Eric Antunia Kramer had a number of bruises in his body as well as swollen legs. These could have been as a result of a beating with a blunt item. SIU, after the completion of its investigation, sought the advice of the Attorney-General on whether legal action could be taken against the suspected police officers. The Attorney-General forwarded indictments against the alleged perpetrators under the Torture Act. The alleged victim also filed a fundamental rights violation case in the Supreme Court of Sri Lanka. This case was dismissed due to discrepancies in the affidavits given to the Human Rights Commission and the Supreme Court.
1571 Concerning Hiran Rasika and Kasun Madusanka (ibid., para. 1598), in the course of the investigation, SIU recorded statements of the victims, their parents and other witnesses and the suspected police personnel. After the investigations, SIU forwarded the investigation notes to the Attorney-General's Department seeking advice on further action, which decided to indict the suspected police officers. Indictments are currently under preparation. Earlier, the police department conducted disciplinary inquiries, independent from the investigations carried out by SIU, against the suspected police officers and they were punished according to departmental procedures.
1572 By letter dated 3 January 2003, the Government provided further information concerning a joint urgent appeal sent on 13 September 2002 with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the independence of judges and lawyers, concerning Nandini Herat, (E/CN.4/2003/68/Add.1, para. 1628). The Government reported that CID initiated an investigation on 21 June 2002, before the receipt of the Special Rapporteur’s communication. The investigation, which included medical examinations by various authorities, revealed that Ms. Herat was arrested by the Wariyapola Police on 8 March 2002 and tortured while in custody. Investigations also examined the alleged threats to Priyantha Gamage and Nishantha Kumara. The Attorney-General is considering the possibility of framing criminal charges against those responsible for the torture of the complainant Nandini Herat.
1573 By letter dated 8 July 2003, the Government provided further information concerning a joint letter sent on 16 September 2002 with the Special Rapporteur on violence against women.
1574 Concerning Yogalingam Vijitha (E/CN.4/2003/68/Add.1, para. 1609), the Government reported that Sri Lanka's Supreme Court, having heard the case on the basis of a fundamental rights application, held that her rights under the Constitution had been violated, granted Yogalingam Vijitha compensation of Rs. 250,000, and directed the Attorney-General to pursue the possibility of criminal prosecution of the perpetrators. As Yogalingam Vijitha has left the country, the Government, despite its efforts, has exhausted all possible avenues to record the victim's statement. Therefore, the Attorney-General decided that it was not possible to proceed with further investigations and instructed the police to terminate the investigations unless and until Yogalingam Vijitha is in a position to make a formal complaint to the Sri Lanka police.
Observations
1575 The Special Rapporteur considers it appropriate to draw attention to the concerns expressed by the Human Rights Committee (CCPR/CO/79/LKA, 1, para. 9) about persistent reports of torture and cruel, inhuman or degrading treatment or punishment of detainees by law-enforcement officials and members of the armed forces. The restrictive definition of torture in the 1994 Convention against Torture Act continues to raise problems in the light of article 7 of the Covenant. The Committee regrets that the majority of prosecutions initiated against police officers or members of the armed forces on charges of abduction and unlawful confinement, as well as on charges of torture, have been inconclusive due to lack of satisfactory evidence and unavailability of witnesses, despite a number of acknowledged instances of abduction and/or unlawful confinement and/or torture. Very few police or army officers have been found guilty and punished. The Committee also notes with concern reports that victims of human rights violations feel intimidated from bringing complaints or have been subjected to intimidation and/or threats, thereby discouraging them from pursuing appropriate avenues to obtain an effective remedy (art. 2 of the Covenant).
1576 Moreover, the Special Rapporteur considers it appropriate to draw attention to the concerns expressed by the Committee on the Elimination of Discrimination against Women (CEDAW, A/57/38 (Part I), paras. 256-302) about the high and severe incidence of rape and other forms of violence targeted against Tamil women by the police and security forces in the conflict areas. While recognizing the prohibition of torture in the Constitution and the establishment of the interministerial working group to counter these acts of violence, the Committee is concerned that victims in remote areas might be unaware of their rights and of the manner in which to seek redress.
1577 The Special Rapporteur also draws attention to the concerns expressed by the Committee on the Rights of the Child (CRC/C/15/Add.207, para. 28) that male child offenders may be sentenced to whipping or caning under the Corporal Punishment Ordinance of 1889, and that the Education Ordinance of 1939 permits corporal punishment to be used as a disciplinary measure for boys and girls in schools and that many teachers and principals consider corporal punishment to be an acceptable form of discipline.