PRESS RELEASE
ALRC-PL-43-2005

International observers to attend Sri Lankan torture trial

(Hong Kong, July 6, 2005) The Asian Legal Resource Centre (ALRC) is to send two international observers for a Sri Lankan torture trial hearing set for July 13.

The two, Chong Yiu Kwong, a lecturer in law and human rights activist from Hong Kong, and Bijo Francis, an Indian human rights lawyer, will attend the hearing against Sub Inspector Silva, formerly of the Welipenna Police, in the Kalutara High Court.

"Court observance is an old practice, particularly in important cases relating to alleged gross human rights violations," said Basil Fernando, executive director of the ALRC.

"Court observers representing reputed organisations have attended courts in many cases all over the world and have submitted their reports and observations on the conduct of the trial," Fernando said.

"One of the purposes of court observance is to express a serious concern about the case and also bring it to international attention, as well as to express solidarity with the alleged victim," he said.

Silva is facing charges under Sri Lanka's Convention against Torture Act (No. 22 of 1994) of having tortured a person in his custody. If found guilty he will face a mandatory jail term of seven years and a fine of 10,000 Sri Lankan rupees (US0). He is currently indicted pending the trial.

The case has been filed under the act by the attorney general, after a special investigation unit investigated the complaint of torture made by Palitha Tissa Kumara.

Kumara alleged that he was arrested for no reason on February 3, 2004 and detained for three days, during which time the accused beat him repeatedly with a cricket post and bat and ordered him to confess to having bombs and conducting robberies.

He further alleged that the assailant told him he would slowly die from his injuries and that when he continued to deny knowledge of any crimes Silva forced a person suffering from tuberculosis to spit into his mouth.

A medical report by judicial medical officer Ajith Jayathena confirmed 32 external injuries on Kumara's head, neck, chest, abdomen and upper and lower limbs, amounting to grievous injury under section 311 of the Penal Code of Sri Lanka.

The report found that twenty-nine of these were suggestive of being beaten with a post in the manner described by the complainant. It also records that the complainant had mentioned suffering from headaches, body aches, buzzing in his left ear, loss of appetite and lack of sleep.

Curricula vitae of the two court observers follow.

Chong Yiu Kwong (LLM, Human Rights): practising solicitor, Hong Kong; Lecturer, Chinese University of Hong Kong (part time), teaching Basic Law and Human Rights; mediator; Convenor, Civil Human Rights Front (Hong Kong); Chairman, Sham Shui Po Community Association; Member, Hong Kong Human Rights Monitor; Participant, April 2005 pre-sessional meeting of the UN Committee on Economic, Social and Cultural Rights to assess the report of the Hong Kong SAR

Bijo Francis (LLM, Human Rights): human rights lawyer from Kerala, India; Programme Officer, Asian Legal Resource Centre; author of numerous articles on the effectiveness of the justice dispensation system in South Asian countries; former associate to the special prosecutor's office and former head of the legal aid committee, Kerala, India

# # #

About ALRC The Asian Legal Resource Centre holds general consultative status with the Economic and Social Council of the United Nations. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia.