A/HRC/25/60/Add.2
excede situaciones aisladas”. Además, recuerda los dos casos resueltos por la Corte
Europea de Derechos Humanos en el año 2010 relativos a la cancelación de procesos de
extradición a Kazajistán debido a riesgos justificados de tortura y/o malos tratos. El Relator
Especial insta al Gobierno de España a adoptar todas las medidas necesarias para asegurar
los derechos del Sr. Alexandr Pavlov y a que no se le extradite.
Sri Lanka
(a)
JAL 07/03/2013 Case No. LKA 2/2013 State Reply: 19/06/2013 Alleged deaths in
custody of Mr. Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath,
and Mr. Chandrasiri Dasanayaka by police beatings.
136. The Special Rapporteur thanks the Government of Sri Lanka for its reply, dated 19
June 2013, to this communication in reference to the alleged deaths in custody of Mr.
Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath, and Mr.
Chandrasiri Dasanayaka. It is reported that Mr. Samanthilake jumped out of a moving
police vehicle after being arrested for drug possession. However, it is alleged that the
injuries he sustained to his head were not caused by jumping out of the police vehicle, but
by police beatings while in custody. It is alleged that witnesses fear testifying because of
reprisals by the police. Mr. Priyanath was arrested for possessing marijuana and the police
alleged that he hit his head, causing his death. However, the only corroborating evidence
provided was allegedly a falsified statement by Mr. Priyanath’s sister, while a Judicial
Medical officer report asserted Mr. Priyanath received lethal injuries from police beatings.
Mr. Dasanayaka was allegedly arrested for possessing two marijuana cigars, but was a key
witness in a case against the Officer-in-Charge at the Wadduwa Police Station. Reportedly,
Mr. Dasanayaka’s son visited his father while he was in detention, and saw his father had
sustained injuries to his face. The next day it was reported that he was taken to the hospital
and was declared dead on arrival. In its reply, the Government of Sri Lanka explains that
Mr. Samanthilake died from injuries to the head, and that an internal investigation was
conducted by a senior police officer. Disciplinary measures are being issued against the
responsible officers for “neglect of duty.” The Government does not address whether these
officers beat the detainee, or if the death was caused by the officers. The Government
alleges that Mr. Priyanath died of cardiac arrest, and after collapsing in his cell he was
immediately brought to the hospital but could not be saved. The Government accepts that
Mr. Dasanayaka’s death was caused by blunt trauma to the chest, and the case has been
forwarded to the Magistrate’s Court Panadura, Case b/ 04561/12. The Special Rapporteur
thanks the Government for the reply, but notes that it does not show that these
investigations of deaths in custody were made under conditions of impartiality and
independence. In addition, disciplinary proceedings for “neglect of duty” do not satisfy the
State’s obligation to investigate, prosecute and punish allegations of torture and of deaths in
custody under alleged mistreatment. He reminds the Government of Sri Lanka that the
obligations to investigate, identify those responsible and bring them to justice arise under
articles 7 and 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, which the Government of Sri Lanka acceded to on 3 January
1994. The Special Rapporteur urges the Government to carry out an expeditious,
independent and transparent inquiry into the circumstances surrounding the deaths Mr.
Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath, and Mr.
Chandrasiri Dasanayaka, with a view to taking all appropriate disciplinary and
prosecutorial action and ensuring accountability of any person guilty of the alleged
violations, as well as to compensate the victims’ families. In this respect the Special
Rapporteur notes that Human Rights Council Resolution 16/23, paragraph 7(b), urges
States to hold responsible not only those who perpetrate torture, but also those “who
encourage, order, tolerate or perpetrate such acts [...], to have them brought to justice and
99
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents