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SRI LANKA: Two men are beaten and tortured with leeches by Matugama police; one faces fabricated charges

July 15, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-105-2010



15 July 2010
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SRI LANKA: Two men are beaten and tortured with leeches by Matugama police; one faces fabricated charges

ISSUES: Torture; administration of justice
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the unlawful arrest and torture of a farmer by Mathugama police. The man was falsely accused of selling illicit liquor and was tortured during arrest, along with another man, in a vegetable pit filled with leeches. The police have reportedly fabricated charges against him and warned that, should he not plead guilty, the case against him would be fabricated further.

CASE NARRATIVE:

According to information received from the victim, Mr. Anthoni Ayiya Devaraj, 44, father of three, was working in his paddy field when he was approached by two policemen in plain clothes. On the pretext of asking him for directions, they beckoned him over, then handcuffed and arrested him. We are told that he was taken to Sirikadura Watta where the police arrested another man, Mr. Mannikkam Sandana, accusing him of selling arrack (a local liquor) illegally. The police mentioned that they were looking for three other suspects, but then took the two arrested men to Galkanda Watta, to a rural area with a vegetable pit. On the way one policeman broke a branch from a Ginikuru tree.

Arriving at the pit, we are told that the policemen interrogated Mr. Devaraj and Mr. Sandana about a purported liquor business. Devaraj was assaulted with the tree branch by one policeman; he was struck across his hands and buttocks, and his face was then pushed into the leech-infested pit. We are told that by the end of the interrogation both victims had been badly beaten and were covered in leeches; their hands were still cuffed behind their backs. The men were then taken to Matugama Police Station.

At the station we are told that Devaraj was violently slapped across his ear, and told that charges may be fabricated against them for the possession of five barrels of arrack. No food was provided for them that afternoon.

After his wife was able to visit with one of his sons, Devaraj was visited by a friend who worked in the police. The police officers in charge of the case allegedly offered to reduce the fabricated charges from five barrels to two bottles. That night they released Mannikam Sandana without charge.

On 8 June Devaraj was told that to avoid further trouble and more severe charges he should plead guilty in the magistrate's court. After this a female officer took his signature and finger prints on documents that he was not allowed to read, and he was released on bail.

Devaraj does not know the names of the officers who assaulted him, but is confident that he can identify them. On 9 June he made a written complaint to the Human Rights Commission of Sri Lanka, and to the Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) of Kalutara. He was called before the court on 10 June and pleaded innocent, after which he was released on surety bail (Rs 100,000). He is waiting for his allegations of torture to be addressed, and has received no assurance so far that they will be.

SUGGESTED ACTION:

Please write to the authorities to draw their attention to the grave abuses being perpetrated by police officers at Matugama police station. The victim's allegations of torture must be thoroughly and credibly investigated, as must the charges that have been taken against him. Strong legal action must be taken against any officer proven to have been involved in torture, or other such violations.

The AHRC has written a separate letter to the UN special rapporteur on the question of torture, calling for his intervention into this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

SRI LANKA: Two men are beaten and tortured with leeches by Matugama police; one faces fabricated charges

Name of victims:
1. Mr. Anthoni Ayiya Devaraj, 44, residing in Sirikadura watta, Badugama, Mathugama
2. Mr. Mannikkam Sandana
Alleged perpetrators: Police officers from Matugama police station

Date of incident: June 7, 2010
Place of incident: Sirikadura Watta, Galkanda Watta and Mathugama Police Station

I am writing to voice my deep concern regarding the unlawful arrest and torture of a farmer by Mathugama police. The man was accused of selling illicit liquor and was tortured during arrest, along with another man, in a vegetable pit filled with leeches. The police have fabricated charges against him and warned that, should he not plead guilty, the charges against him would be increased in severity.

According to information received from the victim, Mr. Anthoni Ayiya Devaraj, 44, father of three, was working in his paddy field when he was approached by two policemen in plain clothes. On the pretext of asking him for directions, they beckoned him over, then handcuffed and arrested him. We are told that he was taken to Sirikadura Watta where the police arrested another man, Mr. Mannikkam Sandana, accusing him of selling arrack (a local liquor) illegally. The police mentioned that they were looking for three other suspects, but then took the two arrested men to Galkanda Watta, to a rural area with a vegetable pit. On the way one policeman broke a branch from a Ginikuru tree.

Arriving at the pit, I am told that the policemen interrogated Mr. Devaraj and Mr. Sandana about a purported liquor business. Devaraj was assaulted with the tree branch by one policeman; he was struck across his hands and buttocks, and his face was then pushed into the leech-infested pit. I understand that by the end of the interrogation both victims had been badly beaten and were covered in leeches; their hands were still cuffed behind their backs. The men were then taken to Matugama Police Station.

At the station I am told that Devaraj was violently slapped across his ear, and informed that charges may be fabricated against them for the possession of five barrels of arrack. No food was provided for them that afternoon. After his wife was able to visit with one of his sons, Devaraj was visited by a friend who worked in the police. The police officers in charge of the case allegedly offered to reduce the fabricated charges from five barrels to two bottles. That night they released Mannikam Sandana without charge.

On 8 June Mr. Devaraj was told that to avoid further trouble and more severe charges he should plead guilty in the magistrate's court. After this a female officer took his signature and finger prints on documents that he was not allowed to read, and he was released on bail.

Mr. Devaraj does not know the names of the officers who assaulted him, but is confident that he can identify them. On 9 June he made a written complaint to the Human Rights Commission of Sri Lanka, and to the Inspector General of Police (IGP) and the Senior Superintendent of Police (SSP) of Kalutara. He was called before the court on 10 June and pleaded innocent, after which he was released on surety bail (Rs 100,000). He is waiting for his allegations of torture to be addressed, and has received no assurance so far that they will be.

The grave abuses by police officers at Matugama police station must be immediately addressed, and investigations made as to how they were able to take place unchecked. The victim's allegations of torture must be thoroughly and credibly investigated, as must the charges that have been taken against him. Strong legal action must be taken against any officer proven to have been involved in torture, or other such violations.

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

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Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-105-2010
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.