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SRI LANKA: A man is badly beaten by Saliyawewa police during an illegal arrest and is denied medical treatment

July 15, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case AHRC-UAC-103-2010



15 July 2010
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SRI LANKA: A man is badly beaten by Saliyawewa police during an illegal arrest and is denied medical treatment

ISSUES: Arbitrary detention and arrest; corruption; torture.
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned of the illegal arrest, detention and assault of a man by police from Saliyawewa Police Station. The victim was badly beaten by police on his arrest, was transported between police stations by bicycle, and was denied sufficient medical treatment. The charges against him appear to have few grounds, and his assault was not reported to hospital police or the judicial medical officer at the local hospital.

CASE NARRATIVE:

According to the information that we have received, on 11 May 2010 around 10:00am two officers from Saliyawewa Police Station wearing civilian clothes arrived at Mr. Undiya Ralalage Premaratne's house located at 1073 Nelabamma, Saliyawewa Junction. The officers arrived on a bicycle, which the victim recognized as belonging to another civilian resident in Neelabamma, called Pradeep. The officers asked Premaratne how many gold necklaces he owned, took the two that he had, and handcuffed him. After this an officer called Illangasinghe reportedly kicked him to the ground and kicked and beat him to the upper body and head for around ten minutes while the second policeman stood by.

Premaratne reports he was taken to Giriulla Police Station between the two men on the bicycle. When they arrived at the station the victim alleges that he was put in a cell and cuffed by his ankle to a table, where he sat on the floor for two and half hours.

It is reported that around 2:30pm Mr. Premaratne was taken to Saliyawewa Police Station, again by bicycle, and put in a cell. However he reports that his condition deteriorated due to the beating he had received. At around 10pm the police officers told him that they were taking him to Puttalam Hospital, but instead took him in a jeep to Police Post 9 on Anuradhapura Road, in Tuttalam, and then to a Government Dispensary on Post 17 in Aluthgama. There he was able to tell a doctor about his assault and show his injuries. However after a short meeting with police, the doctor returned and performed a number of simple coordination tests (to walk in a line and to touch his nose) which led the victim to believe that he was being tested for drunkenness. The doctor then filled in a Medico Legal form, which the victim did not see before he was returned to the cell at the Saliyawewa station.

At around 2pm on 12 May we are told that Premaratne was taken before the magistrate in Puttalam and released on cash bail (Rs. 1,500) and surety bail (Rs. 50,000). He took himself to the Puttalam Government Hospital and was admitted for three days, to be treated for injuries relating to the assault. We are told that although Premaratne disclosed the assault to the doctors, they were reluctant to report the issue further. The hospital police were not summoned and he was not seen by a Judicial Medial Officer; however he reports that his signature was taken before he was discharged.

The victim alleges that fabricated charges have been taken against him. It is imperitive that his assault and the flouting of procedure during his arrest be thoroughly investigated, along with the charges against him.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and calling for an investigation.

To support this appeal please click here:

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SAMPLE LETTER:

Dear ________,

SRI LANKA: A man is badly beaten by officers during an illegal arrest and denied medical treatment

Name of victim:
Mr. Undiya Ralalge Premaratne, 58; farmer and resident at 1073 Nelabamma, Saliyawewa junction.
Alleged perpetrators:
Officer Illangasinghe and another policeman attached to Saliyawewa Police Station.
Date of Incident: 11 May 2010
Place of Incident: Giriulla Police Station and Saliyawewa Police Station.

I am writing to express my concern about the illegal arrest, detention and assault of a man by police from Saliyawewa Police Station. The victim was badly beaten by police on his arrest, was transported between police stations by bicycle, and was denied sufficient medical treatment. The charges against him appear to have few grounds, and his assault was not reported to hospital police or the judicial medical officer at the local hospital.

According to the information that I have received, on 11 May 2010 around 10:00am two officers from Saliyawewa Police Station wearing civilian clothes arrived at Mr. Undiya Ralalage Premaratne's house located at 1073 Nelabamma, Saliyawewa Junction. The officers arrived on a bicycle, which the victim recognized as belonging to another civilian resident in Neelabamma, called Pradeep. The officers asked Premaratne how many gold necklaces he owned, took the two that he had, and handcuffed him. After this an officer called Illangasinghe reportedly kicked him to the ground and kicked and beat him to the upper body and head for around ten minutes while the second policeman stood by.

Premaratne reports he was taken to Giriulla Police Station between the two men on the bicycle. When they arrived at the station the victim alleges that he was put in a cell and cuffed by his ankle to a table, where he sat on the floor for two and half hours. It is reported that around 2:30pm Mr. Premaratne was taken to Saliyawewa Police Station, again by bicycle, and put in a cell. However he reports that his condition deteriorated due to the beating he had received. At around 10pm the police officers told him that they were taking him to Puttalam Hospital, but instead took him in a jeep to Police Post 9 on Anuradhapura Road, in Tuttalam, and then to a Government Dispensary on Post 17 in Aluthgama. There he was able to tell a doctor about his assault and show his injuries. However after a short meeting with police, the doctor returned and performed a number of simple coordination tests (to walk in a line and to touch his nose) which led the victim to believe that he was being tested for drunkenness. The doctor then filled in a Medico Legal form, which the victim did not see before he was returned to the cell at the Saliyawewa station.

At around 2pm on 12 May I am told that Premaratne was taken before the magistrate in Puttalam and released on cash bail (Rs. 1,500) and surety bail (Rs. 50,000). He took himself to the Puttalam Government Hospital and was admitted for three days, to be treated for injuries relating to the assault. I understand that lthough Premaratne disclosed the assault to the doctors, they were reluctant to report the issue further. The hospital police were not summoned and he was not seen by a Judicial Medial Officer; however he reports that his signature was taken before he was discharged. 

The victim alleges that fabricated charges have been taken against him.

I urge that an immediate inquiry be initiated into the charges made against Mr. Premaratne, and that his allegations of police assault be thoroughly investigated, with disciplinary and legal action taken against the police officers proven to be responsible.

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
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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-103-2010
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.