
Sri Lanka urged to ensure safety of detained former asylum-seekers
Two of the men were detained on Christmas Island before their forced return to Sri Lanka
© Robyn Stevenson
3 September 2010
Amnesty International has called on the Sri Lankan government  to ensure the safety of three men who have been tortured and jailed  following their forced return from Australia in 2009.
Two of the  men, Sumith Mendis and Lasantha Wijeratne, were transferred to a  hospital to be examined by a judicial medical officer on 1 September  amid claims that they were beaten and tortured following an alleged new  attempt to migrate to Australia. It is not clear if they are still in  hospital or have returned to prison.
All three are at risk of  further abuse from guards and prisoners when they are returned to prison  where Sumith's brother, Indika, is already being held.
"This is  an appalling situation that calls into question the actions of both the  Sri Lankan and Australian governments," said Madhu Malhotra, Amnesty  International's Deputy Director for Asia.
"Both governments are  culpable in the forced return and mistreatment these men have endured,  and both must bear responsibility for the results of their policies and  procedures."
Sumith Mendis and Indika Mendis were detained in  2009 at the Christmas Island detention centre after the boat they were  crew members on was stopped by Australian authorities and found to be  carrying Sri Lankan asylum-seekers.
They were deported to Sri Lanka and promptly arrested and handed over to the Central Investigative Department (CID).
Sumith  Mendis was released, but Indika Mendis was tortured in CID custody,  sustaining severe ear injuries before being transferred to the notorious  Negombo prison where he was held for eight months.
On 14 August  2010, the brothers were arrested again, apparently on suspicion that  they were again planning to migrate to Australia. Sumith Mendis was then  tortured by the CID for six days, experiencing beatings and  psychological abuse.
On 22 August, the brothers were taken to  Negombo prison, along with Lasantha Wijeratne, another Sri Lankan who  had also been deported from Australia and tortured in custody.
Following examination by a judicial medical officer, Sumith Mendis and Lasantha Wijeratne were transferred to the hospital.
They  now face the risk of abuse by both prisoners and guards when they are  again taken to Negombo prison unless authorities take the necessary  steps to ensure their safety.
"The Sri Lankan Authorities must  ensure that all three men are not subject to any more torture or  ill-treatment, either at the hands of the CID or prisoners or guards in  Negombo prison," said Madhu Malhotra.
"The Australian government  must re-examine its claims that asylum-seekers returned to countries  they are fleeing from are not subjected to torture and mistreatment."
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