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| Sunday, 29 September 2002 |
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AHRC to Interior Minister : Supreme Court ruling on torture case A letter sent by the Asian Human Rights Commission (AHRC) to the Minister of Interior, dated 12 September 2002, concerning the case of a woman torture victim. Pursuant to a letter of 3 June 2002, in which it was brought to your notice that persons who should be tried for serious crimes are continuing to serve as law enforcement officers, the Asian Human Rights Commission (AHRC)-a regional non-government organization working for the promotion and protection of human rights-would like to draw your attention to the judgement of the Supreme Court in the case of Yogalingam Vijitha (Application F.R. No. 186/2001). AHRC considers the decision of the Supreme Court in this case to be of the utmost importance, as it sets a precedent in steps towards effective implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. Yogalingam Vijitha, a 27-year-old woman, was illegally detained, and horribly raped and tortured by seven officers of the Negombo Police led by Reserve SI Wijesekara from 21 to 28 June 2000. The policemen arrested her on trumped-up charges of being an LTTE suicide bomber after she refused to become a second wife to a married man. During the terrible ordeal that followed her arrest, she was beaten all over her body with a club; hit on the ears; smothered with a shopping bag containing chilli powder mixed with petrol; wrapped semi naked in a shopping bag containing chilli powder and petrol; pinned down on a table while policemen inserted pins under the nails of all her fingers and toes; assaulted with a club and wires; trampled with boots; and hung up and assaulted with a club. When she refused to sign a forced confession, she had a plantain flower soaked in chilli forced in and out of her vagina for about 15 minutes, at which point she lost consciousness. When she came to, she signed the prepared documents, as she was unable to bear the torture any longer. On June 28 she was then transferred to the Terrorist Investigation Division, where she was further assaulted under the direction of SI Saman Karunaratne. Only on September 21 was she remanded under Section 7(2) of the Prevention of Terrorism Act at the Negombo Remand Prison. By that time she was suffering from extreme physical and psychological stress that left her unable to function as a normal human being. On 23 August 2002, the Supreme Court ruled that there had been a grievous violation of Yogalingam Vijitha's fundamental rights under Article 13 (1), (2) and Article 11 of the Constitution. In awarding a sum of Rs. 250,000 in compensation and costs-out of which Rs. 150,000 is to be paid by the police officers of the Negombo Police and the balance by the State-the Court noted that the facts of this case have revealed disturbing features regarding third degree methods adopted by certain police officers on suspects held in police custody. Such methods can only be described as barbaric, savage and inhuman. They are most revolting and offend one's sense of human decency and dignity particularly at the present time when every endeavour is being made to promote and protect human rights. Most importantly, the Supreme Court for the first time directed the Attorney General "to consider taking steps under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, Act No. 22 of 1994, against the respondents and others who are responsible for acts of torture perpetrated on the petitioners". Accordingly, AHRC is writing to you to remind you of the obligation that your Ministry and the Department of the Police have to respond to this ground-breaking judgement immediately, and punish the perpetrators in a manner that the public will be satisfied that adequate action has been taken to redress such cruelty in accordance with the decision of the highest court in Sri Lanka. At this moment in history, hesitancy on you and your ministry's part will only lead to similar violations of fundamental human rights and further deterioration of public confidence in the police and the rule of law. The beneficiaries of neglect to act firmly on your part will be the criminal elements in the country and within the police force itself. I urge you to at once: 1. Punish and dismiss the police officers who have perpetrated this crime; 2. File further criminal charges against the perpetrators, who abused legal process and power by fabricating charges, irrespective of whether or not the Attorney General proceeds against them under Act No. 22 of 1994; and 3. Pay adequate compensation to the victim in acknowledgement of the State's failure to protect her. The sum ordered by the Supreme Court is only a symbolic recognition of the State's responsibility. It must now pay adequate compensation in accordance with its responsibility as a party to several international human rights treaties. It is a disgrace, nationally and internationally, to see that even after Supreme Court decisions are being handed down in Sri Lanka no action is being taken against state officers found guilty of having committed heinous violations of domestic and international laws. Until the police are rid of criminal elements, it will be impossible to control crime and to ensure security for the people of your country. Failure to act will create further disillusionment in your ministry and the rule of law in Sri Lanka. |
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