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SRI LANKA: Police torture a taxi driver for the drug crimes of his passengers

August 4, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal: AHRC-UAC-093-2009



5 August 2009
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SRI LANKA: Police torture a taxi driver for the drug crimes of his passengers

ISSUES: Torture; fabricated charges; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that police officers have arrested the driver of a three-wheel taxi in Wattala and tortured him severely to force a confession. During a routine check his passengers were found to be carrying drugs, but were reportedly released after they paid bribe money. The driver is currently in remand prison charged with the crime and has twice attempted suicide.

CASE DETAILS:

Upul Palitha Mawalag is a three-wheeler taxi driver who plies his trade near the Nayakakanda church, Wattala. The vehicle was stopped for a routine search on 7 May 2009 and, according to the victim, his two passengers were found to be carrying drugs. The three were taken to Bluemendhal Police Station but the passengers were released, allegedly after paying a bribe.

According to the victim Mawalag has since been charged with transporting drugs. Though the officers first claimed that he carried drugs in the back of his vehicle, case B6425 filed in the Maligakanda Magistrate's court, states that the driver carried drugs in his pocket.

Mawalag reports having been stripped naked, tied to a chair and beaten severely with a stick by officers in a bid to force a confession.

He is currently in remand at Welikada prison where he has allegedly tried to commit suicide twice.

SUGGESTED ACTION:

Please write to the local authorities listed below and demand that an independent inquiry be made into this matter and that the charges be dropped, should they prove to have been fabricated. Please also request that legal and disciplinary action be taken against the officers responsible for torture and for making false charges.

The AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture calling for his intervention in this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

SRI LANKA: Police torture a taxi driver for the drug crimes of his passengers

Name of victim:
Upul Palitha Mawalage, 41. Married to Anoma Wijesinghe, father of two.
Resident of 253/2 Welagedara, Horampalle, Minuwangoda.
Name of alleged perpetrators:
Officers attached to Bluemendhal Police Station

Date of incident: 7 May 2009
Place of incident: Bluemendhal Police Station, Colombo North Division, Colombo Range.

I am writing to voice my deep concern regarding the arrest, torture and remand of a three-wheeler driver by officers attached to the Bluemendhal Police station on fabricated charges.

According to my information two passengers carried by driver Upul Palitha Mawalage were found to be carrying drugs in a routine check, and the three were taken to Bluemendhal station. However the passengers were allegedly released after the payment of a bribe, and the driver was tortured in a bid to extract a confession.

I am told that Mawalag has since been charged with transporting drugs himself. Case B6425 has been filed in the Maligakanda Magistrate's court and states that the driver carried drugs in his pocket.

Mawalag reports having been stripped naked, tied to a chair and beaten severely with a stick by officers, in a bid to force a confession. He is currently in remand at Welikada prison where he has allegedly tried to commit suicide twice.

This case is an example of the contemptible lengths that corrupt officers will go to, to profit from Sri Lanka's so-called system of justice. I'm horrified that the basic checks and balances are not in place to stop this kind of abuse, which I'm told happens regularly in Sri Lanka.

I wish to remind you that torture is prohibited by Sri Lankan law and that the country acceded the UN Convention Against Torture (CAT) in 1994.

I therefore request that Upul Palitha Mawalage be swiftly released and compensated for his torture and time in illegal detention; that he be given necessary medical and psychological treatment; that a legitimate investigation be conducted into the case; and that the officers allegedly guilty of torture, accepting bribes and fabricating charges be brought before the law.

I look forward to hearing you on this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1.Mr. Jayantha Wickramaratne,
Inspector General of Police (IGP),
New Secretariat, Colombo 1,
Fax: +94 11 2 440440/327877;
E-mail: igp@police.lk

2. Mr. Mohan Peris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

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 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
E-mail: sechrc@sltnet.lk

5. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Colombo North Division
SRI LANKA
Fax and tel: +94 11 2432524

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

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Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-093-2009
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.