Tamil prisoners in Kalutara and Welikada resume hunger strike

Systematic torture by police

THE Asian Human Rights Commission (AHRC) says in a 3 October report titled Torture committed by police in Sri Lanka that the tacit encouragement by higher authorities, the Attorney General’s inaction to prosecute perpetrators and the absence of an established policy to compensate victims have all contributed to inordinate escalation in acts of torture. The report includes 22 case studies of extreme torture in police stations.

Nandini Herat was arrested on 8 March by police in Wariapola, 55 miles north-east of Colombo in Kurunegala District, and subjected to sexual torture. Five police officers charged with the torture still remain in their positions. Despite a warning by the magistrate, Ms Herat’s father was threatened and her lawyers were intimidated.

The World Organisation Against Torture (OMCT) has stated that it is gravely concerned over torture in Sri Lanka which it considers to be systematic as defined by the UN Committee Against Torture. AHRC has called on UN agencies to oversee an effective implementation of the Convention Against Torture and insist, as a matter of policy, on measures to eliminate torture and to reform the law enforcement agencies in Sri Lanka.

Batticaloa resident Sathasivam Rathikala was arrested under the Prevention of Terrorism Act (PTA) in November 2000, while working in Polonnaruwa District hospital. She was tortured and gang raped by police. Despite her plea, the police did not inform her family about the arrest and detention. In September, Batticaloa government Judicial Medical officer (JMO) submitted a report to the Supreme Court saying that she had become mentally disturbed because of torture in custody.

The Batticaloa High Court released Subramaniam Govindarajah in early September after the state withdrew the confession evidence. Mr Govindarajah had been arrested in May 2000 and the only evidence against him was the confession extracted from him in custody. Sinnathamby Muthulingam, arrested in December 1997, and Thiruchelvam Itheeswaran, arrested in May 1997, were also released by the High Court after withdrawal of the confession evidence.

Twelve Tamil women held in Colombo’s Welikada prison and 139 prisoners in Kalutara prison, began a hunger strike on 1 October. The prisoners ended a fast in July after Tamil politicians assured that they would discuss the issue with the government. As no apparent action was being taken, the prisoners resumed their hunger strike.

The detainees demanded a meeting with Economic Reform minister Milinda Moragoda, who is regarded as a confidant of Prime Minister Ranil Wickremasinghe. Apart from legal problems in releasing PTA detainees, sources in Colombo say that the Attorney General KC Kamalasabeysan has difficulties that are of a political nature.


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