Home / News / Urgent Appeals / SRI LANKA: Stop the torture of detainees at Rajangana Police Station

SRI LANKA: Stop the torture of detainees at Rajangana Police Station

July 8, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-098-2010



8 July 2010
------------------------------------------------------
SRI LANKA: Stop the torture of detainees at Rajangana Police Station

ISSUES: Torture; police negligence; corruption; fabricated charges
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received reports that police officers at Rajangana police station are using torture; four incidents have taken place at the police station in the last number of months. The police officers responsible have also broken the law and violated their code of conduct on various other levels, by reportedly blocking visitors to the victims, tampering with medical reports and fabricating charges to arrange detention orders.

Despite complaints having been lodged, the victims have been told of no inquiries into their maltreatment and torture. All four continue to face unfair trials .

CASE NARRATIVE:

According to the information we have received, at least four cases of torture took place at Rajangana police station between in April and May. None of the victims were able to get assistance or relief, though two reported the torture to the local magistrate and all were seen by the Anuradhapura judicial medical officer (JMO). We are told that on some of these occasions police colluded with a doctor at Rajangana hospital to file false medical forms claiming that the detainee was unhurt, before he appeared in court.

Suba Hewage Samantha Bandara, 23, was disabled during the war and has since been working for Yakkala Apparel. On 8 May 2010 he was reportedly badly beaten by police in his home and later at the police station, where we are told that he was hung by the hands from a Kohoba tree behind the police station and beaten, sustaining lasting damage to his foot. Police, including one officer Jayasundera also entered his house and arrested him, and allegedly verbally abused his mother and kicked his pet dog. Suba was illegally detained and produced before a magistrate three days later on 11 May 2010, when he was released on bail and warded at Anuradhapura Hospital.

Two other men, Dissanayake Mudiyanselage Nishantha Dissanayake, 27, have also reported being tortured in the same manner – suspended from a tree – and sustained severe injuries to his right hand, which he is currently unable to use. He was arrested on 21 April 2010 by officers, and illegally detained for more than a week at the station, during which his wife was blocked from seeing him. She complained to the Human Rights Commission on 28 April and shortly after, on 30 April, Nishantha was issued with detention orders by the Nochchiyagama magistrate. He was detained for more than a month, until 27 May 2010. We are told that he was taken to Anuradhapura Hospital for treatment, but is not aware of a medical report. His wife has also complained to the Inspector General of Police, yet he remains in remand with no reported investigation into his abuse and torture.

We are told by another detainee, 27-year-old Mannikawasagar Thawadan, that he was also injured during a police beating at the station after he was arrested on 21 April 2010, and was also tortured while suspended from a tree. He was able to tell the Thabuththegama magistrate about the police assault, who recorded his statement and ordered him to be produced before a JMO. Thawadan is in the Anuradhapura remand prison, and we are not aware of investigations being done into his torture.

We have been able to get limited information about the torture of a fourth man, Mangala Prabath, from Thambuththegama on Rajina junction, who was also strung up and assaulted during this period, and was injured critically. He is now allegedly in Anuradhapura remand prison and told the Thabuththegama magistrate of the torture.

ADDITIONAL INFORMATION:

With four such incidents taking place within the space of a month, it appears that there is either no effective chain of command at Rajangana police station, or that its senior officers are condoning and thus encouraging the use of torture during interrogations. These incidents must not go uninvestigated. Torture is prohibited under article 11 of the 1978 constitution chapter (111) on fundamental rights, and has been illegal since the passing of the CAT Act of 1994, which holds that:

2. (1) Any person who tortures any other person shall be guilty of an offence under this Act.
(2) Any person who -
(a) attempts to commit;
(b) aids and abets in committing;
(c) conspires to commit, an offence under subsection (1), shall be guilty of an offence under this Act.

(3) The subjection of any person on the order of a competent court to any form of punishment recognized by written law shall be deemed not to constitute an offence under subsection (1).

(4) A person guilty of an offence under this Act shall on conviction after trial by the High Court be punishable with imprisonment of either description for a term not less than seven years and not exceeding ten years and a fine not less than ten thousand rupees and not exceeding fifty thousand rupees.

(5) An offence under this Act shall be a cognizable offence and a non-bailable offence, within the meaning, and for the purposes, of the Code of Criminal Procedure Act, No.15 of 1979.

If a victim reports having been tortured during an interrogation it is the legal responsibility of the court to have the claims investigated by a senior police officer, or to request that the police hand over the investigation to the Criminal Investigation Division. If the victim's claims are upheld, charges must be taken against those implicated in their torture, and a thorough, independent investigation must be conducted into the charges against the victim.

The Asian Human Rights Commission has documented countless cases of torture being used unchecked as a replacement for competent, skilled investigation into crime, most recently: An officer assaults a witness to police violence outside his home; no investigation is taken up; A man is badly beaten by Kolonna police officers but denied a judicial remedy and A man is tortured by police and held without bail for two years.

Law enforcement officers and members of the judiciary continue to overwhelmingly shirk their responsibility to protect detainees from illegal arrest, detention and torture, as proven by the infrequency of investigations against police, resulting in credible, legal forms of punishment. Torture therefore remains a popular recourse during investigations in Sri Lankan police stations across the country, and will continue to be so until public officials are held accountable by their superiors, and the law.

SUGGESTED ACTION:

Please write to the authorities listed below inquiring as to how the use of torture is able to take place repeatedly at Rajangana Police Station, and demanding an independent inquiry.  

The AHRC has written to the Special Rapporteur on the Question of Torture, requesting his intervention into this case.
To support this appeal please click here:

------------------------------------------------------

SAMPLE LETTER:

Dear __________,

SRI LANKA: Stop the torture of detainees at Rajangana Police Station

Names of victims:
1. Suba Hewage Samantha Bandara, 23, disabled during the war and employee of Yakkala Apparel; resides at 11 Rajangana yaya; spent time on ward number 14 of Anuradhapura hospital
2. Dissanayake Mudiyanselage Nishantha Dissanayake, 27; resides at Vavuniya, Nelukuluma
3. Mannikawasagar Thawadan, 27; from Vavunia, Nelukkuluma
4. Mangala Prabath; from Thambuththegama at Rajina junction
Alleged perpetrators:
Officers at Rajangana police station, Anuradhapura devision, North Central Range, including an officer Jayasundera
A doctor at Rajangana Hospital

Date of incident: April and May 2010
Place of incident: Rajangana Police Station

I am writing to voice my deep concern regarding reports that police officers at Rajangana police station are using torture. The police officers responsible have also allegedly broken the law and violated their code of conduct on various other levels, by reportedly blocking visitors to the victims, tampering with medical reports and fabricating charges to arrange detention orders. I urge that this be immediately and competently addressed.

According to the information I have received, at least four cases of torture took place at Rajangana police station between in April and May. None of the victims were able to get assistance or relief, though at least three reported the torture to the local magistrate and all were seen by the Anuradhapura judicial medical officer (JMO). We are told that on some of these occasions police colluded with a doctor at Rajangana hospital to file false medical forms claiming that the detainee was unhurt, before he appeared in court. These are claims that, as you're aware, can be easily substantiated.

Suba Hewage Samantha Bandara, 23, was disabled during the war and has since been working for Yakkala Apparel. On 8 May 2010 he was reportedly badly beaten by police in his home and later at the police station, where I am told that he was hung by the hands from a Kohoba tree behind the police station and beaten, sustaining lasting damage to his foot. Police, including one officer Jayasundera also entered his house and arrested him, and allegedly verbally abused his mother and kicked his pet dog. Witnesses believe that they were drunk. Suba was illegally detained and produced before a magistrate three days later on 11 May 2010, when he was released on bail and warded at Anuradhapura Hospital.

Dissanayake Mudiyanselage Nishantha Dissanayake, 27, has also reported being tortured in the same manner – suspended from a tree – and sustained severe injuries to his right hand, which he is currently unable to use. He was arrested on 21 April 2010 by officers, and illegally detained for more than a week at the station, during which his wife was blocked from seeing him. Although she complained to the Human Rights Commission on 28 April, shortly after, on 30 April I am told that Nishantha was issued with detention orders by the Nochchiyagama magistrate. He was detained for more than a month, until 27 May 2010. He was taken to Anuradhapura Hospital for treatment, but is not aware of having seen a medical report. His wife has also complained to the Inspector General of Police, yet he remains in remand with no reported investigation into his abuse and torture.

I understand that another detainee, 27-year-old Mannikawasagar Thawadan, was also injured during a police beating at the station after he was arrested on 21 April 2010, and was also tortured while suspended from a tree. He was able to tell the Thabuththegama magistrate about the police assault, who recorded his statement and ordered him to be produced before a JMO. Thawadan is in the Anuradhapura remand prison, and I am not aware of investigations being done into his torture.

A fourth man, Mangala Prabath, from Thambuththegama on Rajina junction, who was also strung up and assaulted during this period, was injured critically and is now allegedly in Anuradhapura remand prison, after informing the Thabuththegama magistrate of the torture.

As you must be fully aware, torture is prohibited under article 11 of the 1978 constitution chapter (111) on fundamental rights, and has been illegal since the passing of the CAT Act of 1994.
If a victim reports having been tortured during an interrogation it is the legal responsibility of the court to have the claims investigated by a senior police officer, or to request that the police hand over the investigation to the Criminal Investigation Division.

With four such incidents taking place within the space of a month, it appears that there is either no effective chain of command at Rajangana police station, or that its senior officers are condoning and thus encouraging the illegal use of torture during interrogations. These incidents must not go uninvestigated.

The Asian Human Rights Commission and other NGOs have documented countless cases of torture being used unchecked as a replacement for competent, skilled investigation into crime.

Law enforcement officers and members of the judiciary continue to overwhelmingly shirk their responsibility to protect detainees from illegal arrest, detention and torture, as proven by the infrequency of investigations against police, resulting in credible, legal forms of punishment.
Torture therefore remains a popular recourse during investigations in Sri Lankan police stations across the country, and will continue to be so until public officials are held accountable by their superiors, and the law.

Yours sincerely,


----------------

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mahinda Balasuriya
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. Judicial Service Commission Secretariat
Hulfsdrop,
Colombo 12
Fax: +94 11 2 433 119

6. Senior Superintendent of Police
Office of the Senior Superintendant of Police
Anuradhapura
SRI LANKA
Fax: +94 25 2222 113

-------------------------------------
Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-098-2010-1
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.