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SRI LANKA: An officer assaults a witness to police violence outside his home; no investigation is taken up

July 2, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-095-2010



2 July 2010
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SRI LANKA: An officer assaults a witness to police violence outside his home; no investigation is taken up

ISSUES: Police assault; police negligence; administration of justice
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a man in his late forties was beaten by a policeman with a pole after he witnessed a group of officers assaulting handcuffed men outside his house. His hand is broken and his livelihood has been affected, but his complaint against the policeman is not being taken up. He fears further intimidation.

CASE NARRATIVE:

According to the information we have received, Mallawa Arachchige Gamini Sisira Kumara, 47, is married with two children and is a craft worker. On 24 April 2010 while at home, Mr. Kumara heard shouting at around 10:30pm and found around five police officers beating two handcuffed persons on the road in front of his house. He reports that a few of the officers warned him to go back inside, using abusive language. As he turned to go, a uniformed Akmeemana officer called Sarathchandra (badge No. 59111) attacked him with a pole, striking his left hand. At Karapitiya Hospital later that evening shortly after midnight, he was examined and told that his hand was broken.

Later that day Gamini had his statement recorded by hospital police, and the following day he was examined by a judicial medical officer; x-rays were taken and his hand put in plaster. He was discharged on 29 April.

Having not been told of any inquiry or action, Gamini has made a complaint at the office of the Deputy Inspector General (DIG) in Galle but after more than two months he has yet to be told of any legal or disciplinary action taken against Officer Sarathchandra. This violates his legal rights.

We urge that his case be taken up immediately and an investigation be conducted so that the victim can obtain legal redress. Compensation should also be arranged; Gamini requires the use of both hands for his work and his livelihood has been affected.

The victim reports that he has been approached by the abusive officer on several occasions, who has asked him to withdraw the complaint. Because he has refused to do so he fears further intimidation. In Sri Lanka it is commonplace for persons making complaints against police to be harassed, both by the accused officer and his colleagues. This has effectively stemmed such complaints, to the severe detriment of the country, its civilians and its rule of law.

To protect Gamini and encourage civilians to complain about abusive police officers, it is important that this case is not settled out of court, but that it is investigated and tried as soon as possible, with the perpetrator punished accordingly. Protection should be offered to the victim, should he come to need it.

SUGGESTED ACTION:

Please write to the authorities listed below to support the complaint of this victim of police abuse, requesting that he be compensated and given legal redress.

To support this appeal please click here:
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SAMPLE LETTER:

Dear __________,

SRI LANKA: An officer assaults a witness to police violence outside his home; no investigation is taken up

Name of victim: Mallawa Arachchige Gamini Sisira Kumara, 47, married with two children, craftsperson. Resides at No. 226 Craftwork place, Godadenagama, Thalgasyaya, Akmeemana
Name of alleged perpetrator: Officer Sarathchandra, badge No. 59111, of the of the Akmeemana police, Galle Division, Southern Range
Date of incident: 24 April 2010
Place of incident: Godadenagama, Thalgasyaya, Akmeemana

I am writing to voice my deep concern regarding the assault of a witness to police brutality by a police officer, and the lack of response to the victim's complaint by the Galle DIG.

I understand that on 24 April 2010 while at home, Mr. Kumara heard shouting at around 10:30pm and found around five police officers beating two handcuffed persons on the road in front of his house. He reports that a few of the officers warned him to go back inside, using abusive language. As he turned to go, a uniformed Akmeemana officer called Sarathchandra (badge No. 59111) attacked him with a pole, striking his left hand. At Karapitiya Hospital later that evening, shortly after midnight, Mr. Kumara was examined and told that his hand was broken.

Later that day he had his statement recorded by hospital police, and the following day he was examined by a judicial medical officer; x-rays were taken and his hand put in plaster. He was discharged on 29 April.

Having not been told of any inquiry, Mr. Kumara has made a complaint at the office of the Deputy Inspector General (DIG) in Galle but he has yet to learn of any legal or disciplinary action taken against Officer Sarathchandra. This violates his legal rights. Mr. Kumara also requires the use of both hands for his work and his livelihood has been affected.

The victim reports that he has been approached by the abusive officer on several occasions, who has asked him to withdraw the complaint. Because he has refused to do so he fears further intimidation.

As you are no doubt aware, in Sri Lanka it is commonplace for persons making complaints against police to be harassed, both by the accused officer and his or her colleagues. This has effectively stemmed such complaints, to the severe detriment of the country, its civilians and its rule of law. To protect Mr. Kumara and encourage civilians to complain about abusive police officers, it is important that this case is not settled out of court but that it is investigated and tried as soon as possible, with the perpetrator punished accordingly. Police abuse must no longer be tolerated in Sri Lanka.

I urge you to act swiftly in support of the complaint of this victim of police abuse, to arrange for compensation and legal redress. Protection should be offered to the victim, should he come to need it.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

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

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

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

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

Senior Superintendent of Police
Office of the Senior Superintendant of Police
Galle Division
SRI LANKA
Fax: +94 91 223 4499

Registrar
Galle Magistrate's Court
Galle
Tel: +94 91223 4291
Tel/Fax: +94 91 223 4723

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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-095-2010
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.