Home / News / Urgent Appeals / SRI LANKA: The Nikaweratiya Police use severe torture to extract a confession from an innocent man, then offer him a cup of tea; hospital staff proscribe paracetamol

SRI LANKA: The Nikaweratiya Police use severe torture to extract a confession from an innocent man, then offer him a cup of tea; hospital staff proscribe paracetamol

July 31, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-090-2009



31 July 2009
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SRI LANKA: The Nikaweratiya Police use severe torture to extract a confession from an innocent man, then offer him a cup of tea; hospital staff proscribe paracetamol

ISSUES: Torture; arbitrary arrest and detention; police negligence
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a father of three was arbitrarily picked up and tortured by police, first in a wood then at a police station, to force a confession of theft. They did not inform the family of his arrest and denied that he was being held at the station. After four days they pronounced him innocent, after which police and hospital staff have delayed and mishandled his treatment in a strategic manner. The case clearly shows the difficulties torture victims face when trying to get medical treatment and redress.

CASE DETAILS:

According to information received by Janasansadaya, a local NGO, Mr. Rankoth Pedige Wikrama Nimalsiri was arrested on his way to work on 14 July 2009. Sub-Inspector (SI) Ashoka and another officer of the Nikaweratiya police accused him of buying stolen property, and demanded a confession.

According to our reports, the two policemen cuffed Wickrama's hands behind him, beat him and threw him into the police jeep, where they dipped cloth bundles filled with ground kohchi chilli into water and squeezed the chilli juice into his eyes, nose and ears, burning and blinding him. Afterwards he was taken from the van into a forest and strung up by his thumbs to a tree branch. He was beaten by the men for much of the day, until early evening. According to Wikrama, he could hear someone else being tortured nearby in the same manner.

At around 7:30pm he was taken to a building behind the Nikaweratiya police station, where the abuse continued until the next evening by seven officers: these included Sub-Inspectors Ashoka,  Jayantha  and Jayathilake. One of Wikrama’s shoulders dislocated and the police took him briefly to Nikaweratiya Hospital where it was reset by a doctor, before he was brought back to the station.

Meanwhile Wikrama's family had been searching for him and had made complaints to the Putlam, Wanathavilluwa and the Nikaweratiya police stations, where officers denied that Wikrama having him in their custody. When Chandrika, his daughter, traced him there and met with the Officer-in-Charge (OIC) at Nikaweratiya, the OIC claimed that he was unable to keep track of who was being kept where, but instructed an officer to take them to the victim.

Chandrika found her father in a critical condition in a building behind the main station office. She reports that he was in severe pain, his body swollen and bruised, and that he was unable to move one arm. He was limping badly and his thumbs were particularly injured. She saw three other men in a similar condition.

At this point the OIC admitted that the police had been mistaken about Wikrama's guilt; but claimed that they: 'had to assault him to find out the truth. There is no other way. But your father denied it continuously and we now know that he is not connected with this crime'.

The officer assured the family that the injured man wouldn't be produced in court, said that he couldn't yet be released. He claimed that a statement was needed and that he couldn't make such decisions himself, since he hadn't been involved during the man's arrest and torture. He eventually agreed that WIkrama could be released on the following day. Reportedly Officer Ashoka, the main perpetrator of the torture, then advised that Wikrama be taken for Ayurvedic homeopathic treatment and offered the victim a cup of tea.

An Ayurvedic physician examined Wikrama, diagnosing him with severe nerve damage and predicting lengthy treatment. The next day (19 July) Wikrama fell very ill but the police still denied the need to arrange medical treatment. On 20 July 2009 Wikrama's family admitted him to Putlam Hospital, telling doctors about his torture. X-rays were taken but he was given only paracetamol until 23 July. The hospital police did not visit the victim as is customary, but sent word that he should visit them, though he found it difficult to walk. After this got covered by a local TV station, Sirasa, the Hospital Police decided to take a statement and Wikrama was transferred to the General Hospital of Colombo on 25 July, where he is now being treated in a neurology ward.. 

ADDITIONAL COMMENTS:

In 1994 Sri Lanka acceded the Convention Against Torture (CAT) and torture is also banned under Sri Lankan law, yet here again we see how entrenched and how common the use of torture is among police in Sri Lanka. The torture took place in the knowledge of at least seven others, it was brutal and creative. Details, such as its location in a forest and the use of chilli juice, make it clear that the role of police officers in Nikaweratiya has degenerated from that of law enforcer to basic thug. That no checks and balances are in place from superiors – who were openly reluctant to get involved – and that medical staff and police appear to protect those who commit torture, lays out just how large a problem it is in cities across the country. As does the comment from the Nikaweratiya OIC: 'We had to assault him to find out the truth. There is no other way.'

SUGGESTED ACTION:

Please send letters to the authorities listed below condemning the conduct of the Nikaweratiya Police and demanding an immediate inquiry into their use of torture. Please also call for compensation and redress to be awarded to Rankoth Pedige Wikrama Nimalsiri and his family.

The AHRC is also sending a letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment regarding this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear Sir,

SRI LANKA: The Nikaweratiya Police use severe torture to extract a confession from an innocent man then offer him a cup of tea; hospital staff proscribe paracetamol

Name of victim:
1. Rankoth Pedige Wikrama Nimalsiri, 52, a driver and father of three children (including daughter
2. Rankoth Pedige Chandrika Nimalsiri, 31 years old; a witness in the case). Resident of Bandaranayake Pura, Wanathawiluwa, Puttalam. 

Names of alleged perpetrators:
1. Sub-Inspector (SI) Ashoka, Nikaweratiya Police Station
2. SI Jayantha, Nikaweratiya Police Station
3. SI Jayathilake, Nikaweratiya Police Station
And three other officers.
4. Officer-in-Charge (OIC), Nikaweratiya Police Station
5. Negiligent hospital staff at Nikaweratiya
6. Negligent Hospital Police and medical staff at Putlam Hospital

Date of incident: 14 to 23 July, 2009
Place of incident: Nikaweratiya Division Police Station, North-western Range

I am writing to voice my shock and concern for the case of torture, police assault and negligence reported from Nikaweratiya.

Wickrama was on his way to work when he was arrested by two officers, cuffed with his hands behind him, beaten and thrown into the police jeep, where cloth bundles filled with ground kohchi chilli were dipped into water and squeezed into his eyes, nose and ears. Afterwards he was taken from the van into a forest and strung up by his thumbs to a tree branch and beaten until evening, alongside another victim, until he was taken to a building behind the Nikaweratiya police station. Here he was subject to further torture by seven officers: these included Sub-Inspectors Ashoka,  Jayantha  and Jayathilake.

One of Wikrama’s shoulders dislocated and the police took him briefly to Nikaweratiya Hospital where it was reset by a doctor, before he was brought back to the station. Further details can be found on the website of the Asian Human Rights Commission.

Once family members had tracked the victim down, the station OIC admitted that the police had been mistaken about Wikrama's guilt, but he was kept for another day before being released. The police officers involved have since refused to take the family's complaints or request for medical treatment seriously, while medical staff and hospital police have been shockingly negligent.

After the case was covered by a local TV station, Wikrama was transferred to the General Hospital of Colombo on 25 July. He is receiving treatment there now in a neurology ward. 

I am aware that all of these incidents are clear violations of universal human rights and that they breach Sri Lankan law, and the UN Convention Against Torture ratified by Sri Lanka in 1994. Yet here again we see how entrenched the use of torture is among police in Sri Lanka. Details, such as its location in a forest and the use of chilli juice, make it clear that the role of police officers in Nikaweratiya in particular, has degenerated from that of law enforcer to basic thug. That no checks and balances are in place from superiors – who were openly reluctant to get involved – and that medical staff and police appear to protect those who commit torture, lays out just how extensive a problem it is – as does the comment from the Nikaweratiya OIC: 'We had to assault him to find out the truth. There is no other way.

I demand that:

1. An immediate and thorough inquiry be held into the incident;
2. The victims be offered full compensation for his ordeal;
3. The victim be provided with all necessary medical treatment, and physical and psychological rehabilitation;
4. The perpetrators be suspended from active duty immediately and be properly prosecuted and punished by the law in court upon being proven guilt and that
5. The victim, his relatives and his involved lawyers be provided with adequate police protection to ensure their security;
1. An investigation should also be carried out into possible negligence by medical staff and hospital police at Nikaweratiya and Putlam hospitals, and action taken accordingly.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Mohan Peiris
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
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk 

5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Kalutara
SRI LANKA
Fax: +94 37 2260344

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Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-090-2009
Countries :
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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.