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SRI LANKA: An innocent man was illegally arrested, tortured and laid with a fabricated charge

February 3, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-016-2012



3 February 2012
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SRI LANKA: An innocent man was illegally arrested, tortured and laid with a fabricated charge

ISSUES: Illegal arrest; arbitrary detention; torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Kanahipadi Kankanamge Nalin (29) of Dodamgo, Kaluthara is married and a businessman by profession. He was arrested illegally and severely tortured before being laid with a fabricated charge by officers of the Dodangoda Police Station as he had complained about an officer who was harassing him and his young wife. The complaint resulted in the officer's transfer and it is believed that the arrest and torture was done in revenge.

CASE NARRATIVE:

Mr. Kanahipadi Kankanamge Nalin (29) of Dodamgo, Kaluthara is married and a businessman by profession. On 20 November 2011 Nalin went to see the newly opened expressway from Colombo to Galle. He went with his wife, Ms. Wickramasinghe Kankanamge Nadika Lakmali (26), one of his drivers Kalu Malli and the driver's daughter. They went by a Tipper numbered, WP 484959 belonging to Nalin.
After seen the road while they were on their way home the child wanted to eat an ice cream so the vehicle was stopped in front of the Gurukanda Restaurant near the Thudugala Junction. Then the driver went with his daughter to buy the ice cream while Nalin and his wife waiting at the vehicle.

Two police officers who were in uniform approached them and ordered them to remove the vehicle from that place as it was in front of the restaurant. Nalin told the officers that as the driver went into the restaurant he needed to wait for him to return. Then the police officers later identified Kamalasiri and Wickramasinghe attached to the Dodangoda Police Station in Kalutara, dragged Nalin out of the vehicle and started to beat him with. Then Nalin's wife Nadika came to the officers and pleaded with them not to assault her husband but the officers continued to assault him. Nalin suffered a hemorrhage due to the beating. Another group of police officers who had been notified by the first officers approached by a three wheeler and they also beat Nalin. Then they dragged Nalin into the three-wheeler and brought him to the Dodangoda Police Station.

At the police station the Officer-in-Charge (OIC) of the station came to him and told him "I waited till you were brought to me". Then the officers brought Nalin to the Traffic Branch of the police compound and there also he was assaulted. Nalin identified Sub Inspector (SI) Mahinda, Kamalsiri, Ishantha and Civil Defence Force officer Wickramasinghe as some of the officers who assaulted him.

Then Nalin pleaded with the officers to take him for medical treatment as he bleeding heavily. Then the officers brought him to the Wilpatha Rural Hospital. While the doctors were treating him he explained that he was severely tortured by the police officers. The doctor advised the officers to admit him for further treatment. He was admitted but Nalin observed the police officers talking to the doctor in a confidential manner.

During the night several of Nalin's relatives came to visit him but the police officers who were on watch did not allow them to do so. When Nalin asked for permission for them to visit one of the officers beat Nalin even at the hospital.

On the next morning Nalin was discharge from the hospital despite pleading with the staff not to discharge him as he still suffering severe pain. But the doctor who was on service worked with the police officers and allowed them to take Nalin back to the police station where he was locked in a cell.

Later the OIC called Nalin to his room and then he was threatened with a fabricated charge and prosecution in the High Court. He further threatened him that his throat would be cut and he would not be allowed to live. Then late in the evening he was produced him before the Magistrate of Kalutara. Later Nalin learned that he was charged with obstructing the official duties of the police. Nalin vehemently denies the charge and states that police officers fabricated the charge against him.

Nalin further states that police officers tortured him and filed the fabricated charge against him because as when he was working in South Korea a police officer named Manju, who was attached to the Dodangoda Police Station attempted to have an extramarital affair with his wife which she refused. He further states that after he returned to Sri Lanka and started several businesses police officer Manju started to harass them. He made a complaint to the Police Headquarters and later under the supervision of an Assistant Superintendent of Police (ASP), an inquiry which resulted in Manju being transferred to another police station. Later Nalin learned that the OIC stated that he wanted to take revenge on Nalin.

Nalin states that he was illegally arrested, detained, tortured and laid with fabricated charges thereby violating his fundamental rights.

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 illegal arrest, illegal detention, torturing 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: An innocent man was illegally arrested, tortured and laid with a fabricated charge

Name of the victim: Mr. Kanahipadi Kankanamge Nalin (29) of Dodamgo, Kaluthara
Alleged perpetrators:
1. Police officer Kamalasiri
2. Civil Defence Force Officer Wickramasinghe
3. Sub Inspector (SI) Mahinda
4. Police Officer Kamalsiri
5. Police Officer Ishantha
6. Officer-In-Charge (OIC)

All are attached to the Dodangoda Police Station

Date of incident: 20 November 2011
Place of incident: Dodangoda Police Station

I am writing to express my serious concern over the case of Mr. Kanahipadi Kankanamge Nalin (29) of Dodamgo, Kaluthara. Nalin is married and a businessman by profession. On 20 November 2011 Nalin went to see the newly opened expressway from Colombo to Galle. He went with his wife, Ms. Wickramasinghe Kankanamge Nadika Lakmali (26), one of his drivers Kalu Malli and the driver's daughter. They went by a Tipper numbered, WP 484959 belonging to Nalin.
After seen the road while they were on their way home the child wanted to eat an ice cream so the vehicle was stopped in front of the Gurukanda Restaurant near the Thudugala Junction. Then the driver went with his daughter to buy the ice cream while Nalin and his wife waiting at the vehicle.

Two police officers who were in uniform approached them and ordered them to remove the vehicle from that place as it was in front of the restaurant. Nalin told the officers that as the driver went into the restaurant he needed to wait for him to return. Then the police officers later identified Kamalasiri and Wickramasinghe attached to the Dodangoda Police Station in Kalutara, dragged Nalin out of the vehicle and started to beat him with. Then Nalin's wife Nadika came to the officers and pleaded with them not to assault her husband but the officers continued to assault him. Nalin suffered a hemorrhage due to the beating. Another group of police officers who had been notified by the first officers approached by a three wheeler and they also beat Nalin. Then they dragged Nalin into the three-wheeler and brought him to the Dodangoda Police Station.

At the police station the Officer-in-Charge (OIC) of the station came to him and told him "I waited till you were brought to me". Then the officers brought Nalin to the Traffic Branch of the police compound and there also he was assaulted. Nalin identified Sub Inspector (SI) Mahinda, Kamalsiri, Ishantha and Civil Defence Force officer Wickramasinghe as some of the officers who assaulted him.

Then Nalin pleaded with the officers to take him for medical treatment as he bleeding heavily. Then the officers brought him to the Wilpatha Rural Hospital. While the doctors were treating him he explained that he was severely tortured by the police officers. The doctor advised the officers to admit him for further treatment. He was admitted but Nalin observed the police officers talking to the doctor in a confidential manner.

During the night several of Nalin's relatives came to visit him but the police officers who were on watch did not allow them to do so. When Nalin asked for permission for them to visit one of the officers beat Nalin even at the hospital.

On the next morning Nalin was discharge from the hospital despite pleading with the staff not to discharge him as he still suffering severe pain. But the doctor who was on service worked with the police officers and allowed them to take Nalin back to the police station where he was locked in a cell.

Later the OIC called Nalin to his room and then he was threatened with a fabricated charge and prosecution in the High Court. He further threatened him that his throat would be cut and he would not be allowed to live. Then late in the evening he was produced him before the Magistrate of Kalutara. Later Nalin learned that he was charged with obstructing the official duties of the police. Nalin vehemently denies the charge and states that police officers fabricated the charge against him.

Nalin further states that police officers tortured him and filed the fabricated charge against him because as when he was working in South Korea a police officer named Manju, who was attached to the Dodangoda Police Station attempted to have an extramarital affair with his wife which she refused. He further states that after he returned to Sri Lanka and started several businesses police officer Manju started to harass them. He made a complaint to the Police Headquarters and later under the supervision of an Assistant Superintendent of Police (ASP), an inquiry which resulted in Manju being transferred to another police station. Later Nalin learned that the OIC stated that he wanted to take revenge on Nalin.

Nalin states that he was illegally arrested, detained, tortured and laid with fabricated charges thereby violating his fundamental rights.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. 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-016-2012
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.