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URGENT Appeal

AHRC-UA-07-2001: 33 year-old Tortured to Death by Police SriLANKA - extrajudicial killing and torture by police

UCHITHA THUSSARA KUMAEA, 33 years old, married and the father of two children, was tortured to death by Police at Ja-ela Police station, Sri Lanka on 24th March, 2001. Mr. Kumaea was arrested by the officers from Ja-ela police station on the morning of 24th March, using a warrant for a minor offence. Mr. Kumaea was sent to the remand prison in Negambo on the evening of the same day.On the 26th, when his family made inquires about him, they learned that he had died and that remand authorities had informed Ja-ela police about the death, with an instruction to inform the family. To this date, no such communication has yet been made by the police.The Magistrate of the area visited the remand prison to see the body and made an order for the body to be sent for examination by the judicial medical officer of the Ragama Hospital. This examination has been completed and the sealed report has been sent to court. The family, on making inquiries, have found that the medical officers' report states that the death was due to internal injuries. The family is of the view that the injuries were caused at the police station before the prisoner was handed over to remand custody. Prison authorities have a responsibility to examine the person before receiving him.An urgent and thorough inquiry is required at this stage if justice is to be done in this case. The offences involved are Murder under the Penal Code and Torture under the 'Convention Against Torture' Act no.22 of 1994.

SUGGESTED ACTION
Please write urgently to the Inspector General of Police and the President of Sri Lanka, and send copies to the Human Rights Commission of Sri Lanka and the UN Special Rapporteurs on Torture and on Extrajudicial Killings. The sample letter is provided below, along with the necessary contact details.

SAMPLE LETTER

Dear Inspector General
RE: UCHITHA THUSSARA KUMAEA, 33, tortured to death by Police at Ja-ela
Police station, Sri Lanka on 24th March, 2001.

We draw your attention to the above-mentioned case, the reported details of which are given below. We urge that a through inquiry be undertaken and that the culprits be brought to justice. The relevant offences are of Murder under the Penal Code and of Torture under the 'Convention Against Torture' Act no.22 of 1994.

The details are as follows:
- Mr. Kumaea was arrested by the officers from Ja-ela police station on the morning of 24th March, using a warrant for a minor offence.
- Mr. Kumaea was sent to the remand prison in Negambo on the evening of the same day.
- On 26th March his family made inquires about him, and learned that he had died and that remand authorities had informed Ja-ela police about the death, with an instruction to inform the family. To this date, no such communication has yet been made by the police.
- The Magistrate of the area visited the remand prison to see the body and made an order for the body to be sent for examination by the judicial medical officer of the Ragama Hospital. This examination has been completed and the sealed report has been sent to court.
- The family, on making inquiries, have found that the medical officers' report states that the death was due to internal injuries. [Prison authorities have a responsibility to examine the person before receiving him.]
- The family are of the justifiable opinion that Mr. Kumaea was tortured to death by the police at Ja-ela police station.
Please use every means available to you to ensure that this matter is addressed expeditiously and with the full force of the legislation available to you, and that it will not be repeated.

Yours sincerely
________________

CC - President of Sri Lanka
     - Chair, Human Rights Commission of Sri Lanka
     - UN Special Rapporteur on Torture
     - UN Special Rapporteur on Extrajudicial Killings
     ---------------------------------------------------------
SEND LETTERS (preferably by fax) TO
Mr. B.L.V. Kodituwakku
Inspector General of Police
New Secretariat
Colombo 1,
SRI LANKA
FAX: +941 446 174
SALUTATION: Dear Inspector General
Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 3
SRI LANKA
FAX: +941 333 703
SALUTATION: Your Excellency

SEND COPIES OF YOUR LETTER TO
Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N W Perera Mawatha
Borella, Colombo 8
SRL LANKA
FAX: +941 694 924
SALUTATION: Dear Mr. Musthapa

Sir Nigel Rodley
Special Rapporteur of the Commission on Human Rights on the question of torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Fax: +41 22 917-9016
EMAIL: webadmin.hchr@unog.ch
Please mark "URGENT ATTENTION: SIR NIGEL RODLEY"

Ms. Asma Jahangir
Special Rapporteur of the Commission on Human Rights on extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Fax: +41 22 917 9016
EMAIL: webadmin.hchr@unog.ch
Please mark "URGENT ATTENTION: MS. ASMA JAHANGIR"

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