AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 3 July 2002, Maldeni Kamkanamlage Piyratne died shortly after Peradeniya police severely beat him. Mr. Piyratne was a zoologist, working at the Department of Zoology of the University of Peradeniya. His wife, Nilmini Herat, took him to a local hospital on 29 June because he had a high fever. Mrs. Herat had visited him early in the morning on 3 July and said that her husband had been quite normal and that nothing was out of the ordinary.

A colleague of Mr. Piyratne, Ranasinghe, called Mrs. Herat at about 10:30 later that morning, to say that he had been riding a bus near the Gatabe Temple, where he saw police beating Mr. Piyratne. Ranasinghe attempted to intervene by pleading with the police to stop the abuse, but he was chased away, whereupon Mr. Piyratne was taken to the Peradeniya police station. Ranasinghe went to the university to recruit another colleague to help intervene on behalf of Mr. Piyratne. By the time the two men arrived at the police station half an hour later, police were washing blood off the floor. Mr. Piyratne was taken back to the hospital, where he died before doctors could give him oxygen.

It is not clear why Mr. Piyratne did not remain in the hospital that morning. There is speculation that he suffered from some mental disorientation as a result of an administered injection, but there has not been an inquiry into this matter. The victim's wife feels that an adequate investigation has not been conducted and that police have attempted to hush up the incident.

It is also not clear why Peradeniya police targeted Mr. Piyratne. The incidence of torture is among the most common human rights violations reported in Sri Lanka, according to Amnesty International. The Peradeniya policemen's violent actions are in direct violation of several international human rights standards, including the International Covenant on Civil and Political Rights, to which the government acceded in 1980, and the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, which Sri Lanka ratified in 1994. Also in 1994, Sri Lanka's parliament passed Torture Act No. 22, which makes torture punishable by imprisonment for a term of not less than seven years and not more than ten years and a fine. To this date no one has been punished under the Torture Act.

(Sources of information for this case include: Amnesty International and the Asian Human Rights Commission.)

RELEVANT HUMAN RIGHTS STANDARDS

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
• Article 14: Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.

International Covenant on Civil and Political Rights

• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Calling on the authorities to conduct a full and impartial investigation into the death of Mr. Piyratne and ensuring that those responsible are held accountable for their actions; and
• Expressing your concern that police are not upholding national law and international human rights standards by subjecting people to torture and degrading treatment.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: 94 1 682905 or 542919
secpm@sltnet.lk
Salutation: Dear Mr. Prime Minister

Mr. K.C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: 94 1 436421
Salutation: Dear Attorney General

Mr. B.L.V. Kodituwakku
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: 94 1 446174
Salutation: Dear Inspector:

Human Rights Commission of Sri Lanka
Kynsey Road, Borella, Colombo 8
SRL LANKA
Fax: 941 694 924
sechrc@sltnet.lk
Salutation: Dear Human Rights Commission:

COPIES SENT TO:

Mr. Theo C. van Boven
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
secrt.hchr@unog.ch (Attn:Mr. Van Boven in Re Line)
Salutation: Dear Mr. Van Boven

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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