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SRI LANKA: Officers of the Thalathuoya Police Station beat and filed a fabricated charge against a soldier who rescued his friend from their assault

January 26, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-006-2012



26 January 2012
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SRI LANKA: Officers of the Thalathuoya Police Station beat and filed a fabricated charge against a soldier who rescued his friend from their assault

ISSUES: Torture; impunity; rule of law
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Dear friends,

The family members of Mr. L. M. Jagath Kumara (22), a soldier attached to the Vavuniya Army Camp are facing harassment by the OIC and officers of the Thalathuoya Police Station. On 23 December 2010 Kumara was on his way home in a bus accompanied by a friend named Ruwan Chamara. When the bus conducted started to assault Chamara Kumara intervened and some plain clothed police officers who did not identify themselves joined the melee. Kumara and his family believe that the harassment is due to Kumara's action to save his friend.

CASE NARRATIVE:

Mr. L. M. Jagath Kumara (22) is a soldier attached to the Vavuniya Army Camp. On 23 December 2010, while on vacation he went to have his hair cut at Thalathuoya town. When he was returning home with a friend by the name of Ruwan Chamara (24) from Thalathuoya in a private bus suddenly the conductor approached Chamara and tried to forced them forward so that the bus could take on more passengers. However, Chamara refused as the bus was already full. There then followed an exchange of words between them. Without cause the conductor started to assault Chamara and Kumara intervened to protect Chamara. The conductor then started to assault Kumara as well.

A few police constables in civilian clothes were travelling in the bus and these officers also started to assault Kumara and kicked him on the chest. Later these men officers identified themselves as officers attached to the Thalathuoya Police Station. Kumara and Chamara alighted from the bus when it stopped close to their houses and returned home. Three days after this incident Jagath Kumara went back to the Vavuniya Army Camp and reported for duty.

After almost two months later on 6 February 2011, some police officers attached to the Thalathuoya Police Station came to Kumara's house in search of him, and since there was nobody at his house, the police officers left a message with his mother, W Kalyani, asking for Kumara's details. His mother was asked to report the details to Constable of Police (PC) Mettananda of the Thalathuoya Police Station on the 10 of February 2011.

His mother W Kalyani went to the police along with some friends on 7, 8 and 9 February and asked as to why they were searching for her son but received no information.

On the 10 February a team of police officers came to Kumara's house and entered by force searching for Kumara, however, only Kumara’s father, mother and the wives of his brothers were at home. The police officers scolded them in filthy language and demanded details of their husbands, Kumara's brothers who were also serving in the Army. They also demanded their marriage certificates. Then two police officers by the name of Gunatilake, a sergeant and Kalpage threatened Kumara's parents that they would be killed if Kumara was not produced. Since then the police officers came at night on several occasions and knocked at the door repeatedly almost damaging it.

On the 12 February Kumara's mother Kalyani went to the Thalatuoya Police Station along with a lawyer but the Officer-in-Charge (OIC) refused to meet them. When the lawyer questioned Sargent Gunatilaka, he said that if details of Kumara were not given he would "Break the bones of the whole family and would kill them," and this was said in front of the Lawyer, Ananda Hearath. When the lawyer asked to make a complaint he was refused and the police officer, Kalpage, said they would provide the case number later.

Once again they went to the police on the 13 February to meet the OIC and Kalyani was asked to return at 1.00pm. She decided to stay at the police station until that time. Meanwhile Assistant Superintendent of Police (ASP) Mohottige arrived at the police station and Kalyani went to him and told him of the harassment that she and her family had faced. Then the ASP questioned another police officer, Ranasinghe and the OIC regarding the incidents. Ranasinghe without giving any reason for the search told the ASP that the whole family would be killed if they did not cooperate and provide Kumara's details.

Incredibly, despite the fact that this officer told his superior that he would willfully commit a criminal act the ASP did not take any action to reprimand him or make any record of his threat.

When Kalyani went to meet the Lawyer on the 14, the lawyer asked Kalyani to make a complaint at the Human Rights Commission (HRC), which they did. Later in the day the police officers gave the lawyer details about the case no B/15303 in which they stated that they have filed a case against Kumara. Further they stated that the case is supposed to be called on 21 February 2011.

On the 21 Kalyani and her family members went to the Magistrate's Court of Kandy and waited for the case to be called. However, there was no case with that number and the court officers asked them to return on the 1 March 2011. Once again they went again on the 1 March but no case was called of that number or any case against Kumara.

On 24 March, a police officer sent a note asking Kalyani to meet Sgt Rodrigo and when Kalyani met him on the 26 March 2011, he recorded a statement from her. Despite the fact that she was never allowed to read the statement of have it read to her she was forced to sign it which she did out of fear.

On the complaint made by Kalyani, the HRC regional office in Kandy notified both parties on several occasions but the police officers never turned up. Further the police officers have found the details of the Army camp where Kumara is on duty and have informed the Army officers that Jagath Kumara molested a girl in the bus and they have witnesses to prove the assault. Kumara vehemently denies the charge. Kumara states that police officers have filed this case in vengeance for opposing the officers in the bus when they assaulting his friend Chamara.

The mother of Kumara, Kalyani fears that Jagath Kumara would be arrested at anytime and she and the family members would be killed as the Thalathuoya Police officers are repeatedly threatening them.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing and filing fabricated chargers by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Officers of the Thalathuoya Police Station beat and filed a fabricated charge against a soldier who rescued his friend from their assault

Name of the victim: Mr. Mr. L. M. Jagath Kuamara
Alleged perpetrators: Police officers attached to the Thalathuoya Police Station
Date of incident: 23 December 2010
Place of incident: in the Private Bus at Thalathuoya

I am writing to express my serious concern over the case of Mr. L.M Jagath Kuamara (22).
Kumara is a soldier attached to the Vavuniya Army Camp. On 23 December 2010, while on vacation he went to have his hair cut at Thalathuoya town. When he was returning home with a friend by the name of Ruwan Chamara (24) from Thalathuoya in a private bus suddenly the conductor approached Chamara and tried to forced them forward so that the bus could take on more passengers. However, Chamara refused as the bus was already full. There then followed an exchange of words between them. Without cause the conductor started to assault Chamara and Kumara intervened to protect Chamara. The conductor then started to assault Kumara as well.

A few police constables in civilian clothes were travelling in the bus and these officers also started to assault Kumara and kicked him on the chest. Later these men officers identified themselves as officers attached to the Thalathuoya Police Station. Kumara and Chamara alighted from the bus when it stopped close to their houses and returned home. Three days after this incident Jagath Kumara went back to the Vavuniya Army Camp and reported for duty.

After almost two months later on 6 February 2011, some police officers attached to the Thalathuoya Police Station came to Kumara's house in search of him, and since there was nobody at his house, the police officers left a message with his mother, W Kalyani, asking for Kumara's details. His mother was asked to report the details to Constable of Police (PC) Mettananda of the Thalathuoya Police Station on the 10 of February 2011.

His mother W Kalyani went to the police along with some friends on 7, 8 and 9 February and asked as to why they were searching for her son but received no information.

On the 10 February a team of police officers came to Kumara's house and entered by force searching for Kumara, however, only Kumara’s father, mother and the wives of his brothers were at home. The police officers scolded them in filthy language and demanded details of their husbands, Kumara's brothers who were also serving in the Army. They also demanded their marriage certificates. Then two police officers by the name of Gunatilake, a sergeant and Kalpage threatened Kumara's parents that they would be killed if Kumara was not produced. Since then the police officers came at night on several occasions and knocked at the door repeatedly almost damaging it.

On the 12 February Kumara's mother Kalyani went to the Thalatuoya Police Station along with a lawyer but the Officer-in-Charge (OIC) refused to meet them. When the lawyer questioned Sargent Gunatilaka, he said that if details of Kumara were not given he would "Break the bones of the whole family and would kill them," and this was said in front of the Lawyer, Ananda Hearath. When the lawyer asked to make a complaint he was refused and the police officer, Kalpage, said they would provide the case number later.

Once again they went to the police on the 13 February to meet the OIC and Kalyani was asked to return at 1.00pm. She decided to stay at the police station until that time. Meanwhile Assistant Superintendent of Police (ASP) Mohottige arrived at the police station and Kalyani went to him and told him of the harassment that she and her family had faced. Then the ASP questioned another police officer, Ranasinghe and the OIC regarding the incidents. Ranasinghe without giving any reason for the search told the ASP that the whole family would be killed if they did not cooperate and provide Kumara's details.

Incredibly, despite the fact that this officer told his superior that he would willfully commit a criminal act the ASP did not take any action to reprimand him or make any record of his threat.

When Kalyani went to meet the Lawyer on the 14, the lawyer asked Kalyani to make a complaint at the Human Rights Commission (HRC), which they did. Later in the day the police officers gave the lawyer details about the case no B/15303 in which they stated that they have filed a case against Kumara. Further they stated that the case is supposed to be called on 21 February 2011.

On the 21 Kalyani and her family members went to the Magistrate's Court of Kandy and waited for the case to be called. However, there was no case with that number and the court officers asked them to return on the 1 March 2011. Once again they went again on the 1 March but no case was called of that number or any case against Kumara.

On 24 March, a police officer sent a note asking Kalyani to meet Sgt Rodrigo and when Kalyani met him on the 26 March 2011, he recorded a statement from her. Despite the fact that she was never allowed to read the statement of have it read to her she was forced to sign it which she did out of fear.

On the complaint made by Kalyani, the HRC regional office in Kandy notified both parties on several occasions but the police officers never turned up. Further the police officers have found the details of the Army camp where Kumara is on duty and have informed the Army officers that Jagath Kumara molested a girl in the bus and they have witnesses to prove the assault. Kumara vehemently denies the charge. Kumara states that police officers have filed this case in vengeance for opposing the officers in the bus when they assaulting his friend Chamara.

The mother of Kumara, Kalyani fears that Jagath Kumara would be arrested at anytime and she and the family members would be killed as the Thalathuoya Police officers are repeatedly threatening them.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture and filing fabricated chargers by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Ms. Eva Wanasundara
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

 


 

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-006-2012
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.