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SRI LANKA: Panwila police neglect a young man's case of assault

February 18, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-013-2010



18 February 2010
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SRI LANKA: Panwila police neglect a young man's case of assault

ISSUES: Rule of law; judicial system; police negligence
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that police in Kandy have failed to adequately investigate an unprovoked attack on a young man in Madalkelle.

CASE DETAILS:

According to information we have received, on 2 October 2009 at 7pm Christopher David was walking home from his job at the youth movement, ‘Prajashakthi’ when he was assaulted by two men in front of the Parameshwara Tamil Maha Vidiyalaya. He was allegedly beaten with a pole and he sustained injuries to his head. David was able to hold on to one of his attackers until a passer-by came to his assistance, and has identified his attackers as M. Saman Dissanayake and D.M. Sarath Dissnayake, who are related to each other. One of the suspects told him that the attack was a case of mistaken identity.

The victim was admitted to the Madalkelle hospital and transferred to Kandy hospital due to the seriousness of his injuries, which include a fractured forehead and a laceration above his eye. He was examined there by a judicial medical officer. His father, Ambrose David, made a complaint to the Panwila police station that night at around 9pm but he claims that no action was taken until after he had made a second complaint to the OIC (Officer in Charge) of the station the next day. The suspects were arrested at 1pm on 3 October 2009 but were released on bail by the Teldeniya magistrate shortly after. The victim was released from hospital on 16 October.

The AHRC would like to draw attention to the fact that no eyewitnesses have been called to make statements and that there has been little further investigation seen. In court the police have failed to produce evidence in relation to the crime and significantly, have not arranged for the victim’s medical records to be presented, which would establish the seriousness of his injuries.

The victim continues to suffer from the attack, which has affected his eyesight and left him with constant headaches that cause him difficulties at work.

The AHRC urges a professional and full investigation into the crime, which includes arranging the testimony of eyewitnesses. An investigation into any obstruction of due process must also take place since there appears to have been a deliberate subversion of justice by Panwilla police officers.

The case (B 774/09) will be heard next on 25th Feb 2010 in the Panwila court.

SUGGESTED ACTION: 


Please write to the local authorities listed below urging them to ensure an impartial and transparent investigation into the crime, followed by a fair trial; disciplinary and legal action must be taken against any officer shown to have willing obstructed due process.

To support this appeal please click here:  
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SAMPLE LETTER:

Dear __________,

SRI LANKA: Police show wilful negligence in dealing with a case of violent assault

Name of victim: Christopher David, 24; son of Ambrose David; resident of the new housing scheme in Mudulkelle Lower Division, Mudulkelle
Name of alleged perpetrators:
1. M Saman Disanayake of Mudulkelle
2. D.M Sarath Dissnayake of Kaludella
3. The OIC and other officers of Panwilla Police Station, Kandy Division, Central Range (West)

Date of incident: 2 October 2009
Place of incident: In front of the Parameshwara Tamil Maha Vidiyalaya, Madalkelle

I am writing to voice my deep concern regarding the lack of investigation into an attack on a young man in Madalkelle 2 October 2009. The 24-year-old was walking home from work at 7pm when two men allegedly attacked him with a pole. While the victim was able to identify his attackers and was taken to hospital with serious injuries, his father was forced to complain to the OIC a day after his initial complaint before moves were made to arrest the suspects.

I am informed that after being admitted to the Madalkelle hospital the victim was transferred to Kandy hospital where he remained until 16 October, and where he was seen by a JMO. His injuries included a fractured forehead and a laceration above his eye, which now cause him trouble at work. The suspects have been released on bail by the Teldeniya magistrate.

The case (B 774/09) will be heard next on 25th Feb 2010 in the Panwila court, however I am told that there is evidence that the police are obstructing due process and that neither an impartial investigation nor a fair trial is taking place. No statements have been taken from eyewitnesses, police have failed to produce evidence to the court in relation to the crime, and significantly, have not arranged for the victim’s medical records to be presented in court, which would establish the seriousness of his injuries.

I expect an immediate inquiry into this matter in accordance with the country's laws and procedures. Please ensure that a thorough, impartial investigation is conducted into both the crime and the possible obstruction of justice by the OIC and other responsible officers at Panwilla Police Station. Please also ensure that all necessary disciplinary and legal action is taken against those proven to be involved.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

Mr. Mahinda Balasuriya 

Inspector General of Police (IGP), 

New Secretariat, 

Colombo 1, 

SRI LANKA 

Fax: +94 11 2 440440 

Email: igp@police.lk 



Mr. Mohan Peiris 

Attorney General 

Attorney General's Department, 

Colombo 12, 

SRI LANKA 

Fax: +94 11 2 436421 



Secretary,
National Police Commission, 

3rd Floor Rotunda Towers, 

109 Galle Road, 

Colombo 03, 

SRI LANKA 

Tel/Fax: +94 11 2 395960 

Email: polcom@sltnet.lk 



Secretary,
Human Rights Commission of Sri Lanka, 

No 108 Barnes Place,
Colombo 07 

SRI LANKA 

Tel: +94 11 2 694 925 / 673 806 

Fax: +94 11 2 694 924 / 696 470 

Email: sechrc@sltnet.lk 



Senior Superintendent of Police (SSP) 

Office of the Senior Superintendant of Police 

Kandy 

SRI LANKA 

Fax: +94 81 2233004 

Tel: +94 81 2222228 


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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-013-2010
Countries :
Issues :
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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.