ASIAN HUMAN RIGHTS COMMISSION   URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-015-2009

 <http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009>

18 February 2009

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SRI LANKA: Suspicious death after being assaulted in prison

ISSUES: Custodial death; torture

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information
regarding the assault and subsequent death of a man in Wariyapola
prison on December 22, 2008. He was severely assaulted by prison
guards and left without medical attention even though he had
sustained serious injuries. He was transferred to another prison
where he was admitted to hospital but died shortly thereafter.

CASE DETAILS: (based on the testimony of the victim's father Adikari
Arachchilage Wickramadasa, 49)

Mr. Adikari Arachchilage Ruwan Sampath Wickramasinghe, 23, an army
officer, had been detained in Wariyapola prison for being a deserter
and was scheduled for transfer to the Bogambara Prison on December
22, 2008.

Around December 18, prison officers in the Wariyapola Prison
assaulted Ruwan. They left him alone providing no medical treatment
for three days despite sustaining serious injuries from the assault.
He was then transferred to Bogambara prison where he was admitted to
the Kandy Teaching Hospital and died thirty minutes after admission.

Informed of their son's death, Ruwan's parents rushed to the hospital
but were not allowed to view their son's body in the immediate
aftermath of his death. They claimed that even though the cause of
their son's death, recorded by the Judicial Medical Officer, was not
clear, no official or doctor explained anything to them.

Ruwan's father claims that the officers in the prison must take
responsibility for his son's death and be punished accordingly. He
made a complaint to the National Human Rights Commission on January
7, 2009.

ADDITIONAL INFORMATION

Mr. Adikari Arachchilage Ruwan Sampath Wickramasinghe, 23, left home
to join the armed forces in 2008. He had been stationed in the front
lines of defense. While serving as a Lance Corporal (No. 415649)
attached to the 7th Gamunu Regiment of the Sri Lanka Air Force, he
was shot and seriously wounded in a battle on June 28, 2008. After
being shot, he dragged himself on his stomach for miles back to the
safety of his camp.

He was then sent to hospital where doctors were unable to immediately
remove the bullets from his body. Ruwan spent 21 days in hospital
recovering physically and mentally from this ordeal. He was finally
discharged from hospital and told that the bullets would be removed
at a later date. He was given a few days of medical leave to visit
his home.

When he returned to duty on July 27, 2008, he found that he was once
again stationed in the front lines of defense. He informed his
superiors that he found it difficult to function in the same manner
as before because of the bullets lodged in his body. However, he was
not afforded any concessions. Within a month, Ruwan again took leave
to go home being instructed to report back for duty on September 28,
2008.

During his time on leave, Ruwan met with his superiors at army
headquarters in Panagoda requesting a transfer due to his physical
disability. However, he received no positive response. Ruwan told his
parents that since it was almost impossible for him to function in the
front lines in his prevailing physical condition, he would not report
back for duty.

On October 25, he was arrested at his home, taken into custody and
charged as a deserter. He was sentenced to three months imprisonment
on November 19 and confined in Wariyapola prison.

SUGGESTED ACTION:

Please write to the relevant authorities to investigate this incident
and take due disciplinary and legal action against the offenders

Please be informed that the AHRC has also written a separate letter
to the UN Special Rapporteur on the question of torture calling for
intervention in this case.

To support this appeal, please click here:
<http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009>

SAMPLE LETTER:

Dear __________,

SRI LANKA: Suspicious death after being assaulted in prison

Name of victim: Mr. Adikari Arachchilage Ruwan Sampath
Wickramasinghe, 23, deceased; Lance Corporal (No. 415649) attached to
the 7th Gamunu Regiment of the Sri Lanka Army; residence of 459/1,
Kiriobunegama, Polpithigama

Name of alleged perpetrators: Prison Officers of the Wariyapola
prison.

Date of incident: on December 22, 2008

Place of incident: Wariyapola prison

I am writing to voice my deep concern regarding the assault and
subsequent death of Adikari Arachchilage Ruwan Sampath
Wickramasinghe, a Lance Corporal (415649) attached to the 7th Gamunu
Regiment of the Sri Lanka Army.

According to information received, Ruwan was shot and injured in
battle on June 28, 2008 but managed to drag himself back to the camp
where he received medical treatment. However, the bullets were not
removed at this time. Even though he found it difficult to function
with bullets lodged inside his body, he was again assigned to the
front lines. After informing his superiors about his condition his
new assignment was not changed. He finally decided not to return to
duty and stayed at home where he was arrested as a deserter on
October 25. He was sentenced to three months imprisonment on November
19 and incarcerated in Wariyapola prison.

I am informed that Ruwan was assaulted by Wariyapola prison officials
on December 2008. Although he was seriously injured in the assault, he
was not provided any medical attention. On December 22, he was
transferred to Bogambara Prison, admitted to the Kandy Teaching
hospital, and died thirty minutes after admission.

I am further informed that his parents were not allowed to see his
body in the immediate aftermath of the death nor were they given any
details regarding the circumstances of their son's death.

Under these circumstances, I urge you to investigate the assault by
the prison guards in Wariyapola Prison. After collecting all possible
evidence and obtaining testimony from other relevant officials inside
the prison, you will be able to insure that those responsible for the
assault are properly prosecuted and punished according to the law. I
also urge you to look into the reason for Ruwan's parents being
prevented from viewing the body of their son. The authorities must
take transparent and full responsibility for their actions.

I would like to remind the government of the fact that since Ruwan
was fully under the control of prison authorities, the government
cannot shirk its responsibility of thoroughly investigating this
case.

In addition, I urge you to examine the process by which he was again
stationed in the front lines even though the bullets lodged in his
body from an earlier battle rendered him unable to carry out his
official duties.

Yours sincerely,

-----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mahinda Rajapakse

President

Socialist Democratic Republic of Sri Lanka

C/- Office of the President

Temple Trees

150, Galle Road

Colombo 3

SRI LANKA

Fax: +94 11 2472100 / 2446657

E-mail: [email protected]

2. Secretary

Ministry of Defence, Public Security, Law and Order

15/5, Baladaksha Mawatha

Colombo 03,

SRI LANKA

Fax: +94 11 2 446300 / 421529

Tel: +94 11 2 430860-9, 430878-9 or 435879 (for the secretary)

E-mail: [email protected]

3. Commissioner General of Prisons

Department of Prisons

150, Baseline Road

Colombo 09

SRI LANKA

Fax: +94 11 2695205

Tel: +94 11 2695204

E-mail: [email protected]

4. Mr. Jayantha Wickramaratne

Inspector General of Police

New Secretariat

Colombo 1

SRI LANKA

Fax: +94 11 2 440440 / 327877

E-mail: [email protected]

5. Mr. Mohan Peris

Attorney General

Attorney General's Department

Colombo 12

SRI LANKA

Fax: +94 11 2 436421

E-mail: [email protected]

6. Secretary

Human Rights Commission

No. 36, Kynsey Road

Colombo 8

SRI LANKA

Fax: +94 11 2 694 924 / 696 470

Tel: +94 11 2 694 925 / 673 806

E-mail: [email protected]

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission ([email protected] <mailto:[email protected]> 
<[email protected]>
)

 <http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009 >
<http://www.ahrchk.net/ua/support.php?ua=UAC-015-2009>



-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367



-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401134314

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