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SRI LANKA: A man is arbitrarily arrested, detained and brutally tortured by the Thambuththegama Police, and threatened with further torture if he speaks out

July 3, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-117-2012



03 July 2012
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SRI LANKA: A man is arbitrarily arrested, detained and brutally tortured by the Thambuththegama Police, and threatened with further torture if he speaks out

ISSUES: Denial of justice; torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Meheran, a married man with two children, was arbitrarily arrested, detained and tortured for a crime that he did not commit. Several police officers attached to the Criminal Branch of Thambutthegama Police Station came into Mr. Meheran's residence at 4am, woke him up and brought him to a neighbours' house, and then to the police station. He was brutally assaulted and threatened. The officers told him that if he spoke out about the assault, they would not release him on bail. Mr. Meheran was eventually released, but is unable to work due to his severe injuries, and thus is unable to provide for his family. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. WA Pramal Meheran (29) of No:141/2 ,4th Yaya, Rajanganaya was arbitrarily arrested, detained and tortured for a crime that he did not commit. Mr. Meheran is married, and is the father of two children.

AHRC-UAC-117-2012-01.jpgOn 28 May 2012, at about 4am while Mr. Meheran was asleep, Officer Willegoda and Officer Dissanayake of the Thambuththegama Police Station came into Mr. Meheran's residence, woke him up and ordered him to come with them in their police jeep to the house of Chandrasiri, a neighbour who had recently been burgled. When they arrived at the house, Officer Willegoda put a pistol into Mr. Meheran's mouth and demanded that he tell him where he had hidden the stolen necklace. Mr. Meheran told him that he did not know anything about the stolen necklace. Officer Willegoda pointed to Mrs. Chandrasiri and said "that woman says you stole her necklace."

Inspector Laxman of the Thambuththegama Police Station made Mr. Meheran bend over and slapped him on his back and demanded to know who had the necklace. He asked "is it with you or Thusitha?"
When Mr. Meheran insisted that he was innocent, Officer Willegoda said "this will not do. We should give him some more work and see what he says."

After the police officers searched Mr. Chandrasiri's house, at about 11:30am, they brought Mr. Meheran to the Thambuththegama Police Station and locked him in a jail cell. After ten minutes in the cell, Mr. Meheren was taken out of the cell and handcuffed. Officer Willegoda and Officer Dissanayake brought Mr. Meheran to a back room. They shouted "tell us the truth, or we will not let you go home or see your children." Despite Mr. Meheran's insistence of his innocence, the police officers tied his hands and legs and together and inserted a wooden pole between his legs. They hung Mr. Meheran from a ceiling beam and beat him severely on his heels, thighs and backside with a cricket bat, shouting "where is the necklace?" After this, the officers placed a book on Mr. Meheran's head and beat the book. Shortly after this started, Mr. Meheran fainted. When he came to, he was on the floor with his hands and legs tied. He asked for some water, and the officers poured a few drops of water into his mouth and then hung him from the ceiling again and continued to beat him with a rubber hose.

Mr. Meheran was eventually untied and returned to the jail cell. Despite numerous visitation requests from his family, he was not permitted to meet with his wife, children or other relatives. The next morning, at around 9am, the officers recorded a statement from Mr. Meheran. At about 11:30am, he was taken to Thambuththegama Government Hospital in the police jeep. During the journey, the officers told Mr. Meheran that if he spoke to anyone about the torture he suffered, the police would prevent him from being released on bail. They said they would accuse him of possessing drugs or a bomb. As such, Mr. Meheran did not reveal what had happened to the doctor who examined him.

Mr. Meheran was produced before Nochchiyagama Magistrate's Courts on the accusation of stealing a necklace. The police refused to grant bail, and Mr. Meheran was in remand prison until 1 June. On 1 June, Mr. Meheran was produced before the Magistrate and granted bail. Later that day, he was admitted to the Thambuththegama Government Hospital, for treatment of his injuries. After a medical examination, Mr. Meheran was transferred to Anuradhapura Teaching Hospital. He was admitted to ward 11, then to ward 14, and was discharged on 4 June.

Although Mr. Meheran has returned home, he is unable to do any work, as he continues to suffer from his injuries. His legs and arms are numb and he suffers from severe migraines. Since Mr. Meheran is unable to work, his entire family is suffering, particularly his child who requires medical treatment for a kidney problem.

Mr. Pramal has filed a complaint with the Human Rights Commission of Sri Lanka, the Inspector General of Police (IGP), Deputy Inspector General (DIG) North Central Province, and Headquarters Inspector of Police of Thabuththegama Police Station. None of these authorities have initiated a credible, impartial investigation into the abuse he suffered at the hands of state agents, and the blatant violation of his basic rights. Mr. Pramal seeks justice and the protection of his rights enshrined in the Constitution of Sri Lanka.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of the torture of innocent people by the Sri Lankan police. These acts, which have taken place at different police stations across the country, are illegal under local and international law.

The State of Sri Lanka signed and ratified the CAT on 3 January 1994. Following state obligations, the Parliament of Sri Lanka adopted Act No. 22 of 1994, which made torture a crime that is punishable for a minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is supposed to file indictments in cases where credible evidence is found of people being tortured by state officers.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing an old person and stealing the money by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: A man is arbitrarily arrested, detained and brutally tortured by the Thambuththegama Police, and threatened with further torture if he speaks out

Name of the victim: Mr. W A Pramal Meheran (29) of No:141/2 ,4th Yaya, Rajanganaya in the Anuradhapura District
Alleged perpetrators:
1. Officer-in-Charge
2. Inspector Laxman
3. Police officer Wilegoda and
4. Police officer Dissanayake
All attached to Thambuththegama Police Station
Date of incident: 28 May 2012
Place of incident: Thambuththegama Police Division in the Anuradhapura District

I am writing to express my serious concern over the case of Mr. WA Pramal Meheran (29) of No: 141/2, 4th Yaya, Rajanganaya who was arbitrarily arrested, detained and tortured for a crime that he did not commit. Mr. Meheran is married, and is the father of two children.

On 28 May 2012, at about 4am while Mr. Meheran was asleep, Officer Willegoda and Officer Dissanayake of the Thambuththegama Police Station came into Mr. Meheran's residence, woke him up and ordered him to come with them in their police jeep to the house of Chandrasiri, a neighbour who had recently been burgled. When they arrived at the house, Officer Willegoda put a pistol into Mr. Meheran's mouth and demanded that he tell him where he had hidden the stolen necklace. Mr. Meheran told him that he did not know anything about the stolen necklace. Officer Willegoda pointed to Mrs. Chandrasiri and said "that woman says you stole her necklace."

Inspector Laxman of the Thambuththegama Police Station made Mr. Meheran bend over and slapped him on his back and demanded to know who had the necklace. He asked "is it with you or Thusitha?"
When Mr. Meheran insisted that he was innocent, Officer Willegoda said "this will not do. We should give him some more work and see what he says."

After the police officers searched Mr. Chandrasiri's house, at about 11:30am, they brought Mr. Meheran to the Thambuththegama Police Station and locked him in a jail cell. After ten minutes in the cell, Mr. Meheren was taken out of the cell and handcuffed. Officer Willegoda and Officer Dissanayake brought Mr. Meheran to a back room. They shouted "tell us the truth, or we will not let you go home or see your children." Despite Mr. Meheran's insistence of his innocence, the police officers tied his hands and legs and together and inserted a wooden pole between his legs. They hung Mr. Meheran from a ceiling beam and beat him severely on his heels, thighs and backside with a cricket bat, shouting "where is the necklace?" After this, the officers placed a book on Mr. Meheran's head and beat the book. Shortly after this started, Mr. Meheran fainted. When he came to, he was on the floor with his hands and legs tied. He asked for some water, and the officers poured a few drops of water into his mouth and then hung him from the ceiling again and continued to beat him with a rubber hose.

Mr. Meheran was eventually untied and returned to the jail cell. Despite numerous visitation requests from his family, he was not permitted to meet with his wife, children or other relatives. The next morning, at around 9am, the officers recorded a statement from Mr. Meheran. At about 11:30am, he was taken to Thambuththegama Government Hospital in the police jeep. During the journey, the officers told Mr. Meheran that if he spoke to anyone about the torture he suffered, the police would prevent him from being released on bail. They said they would accuse him of possessing drugs or a bomb. As such, Mr. Meheran did not reveal what had happened to the doctor who examined him.

Mr. Meheran was produced before Nochchiyagama Magistrate's Courts on the accusation of stealing a necklace. The police refused to grant bail, and Mr. Meheran was in remand prison until 1 June. On 1 June, Mr. Meheran was produced before the Magistrate and granted bail. Later that day, he was admitted to the Thambuththegama Government Hospital, for treatment of his injuries. After a medical examination, Mr. Meheran was transferred to Anuradhapura Teaching Hospital. He was admitted to ward 11, then to ward 14, and was discharged on 4 June.

Although Mr. Meheran has returned home, he is unable to do any work, as he continues to suffer from his injuries. His legs and arms are numb and he suffers from severe migraines. Since Mr. Meheran is unable to work, his entire family is suffering, particularly his child who requires medical treatment for a kidney problem.

Mr. Pramal has filed a complaint with the Human Rights Commission of Sri Lanka, the Inspector General of Police (IGP), Deputy Inspector General (DIG) North Central Province, and Headquarters Inspector of Police of Thabuththegama Police Station. None of these authorities have initiated a credible, impartial investigation into the abuse he suffered at the hands of state agents, and the blatant violation of his basic rights. Mr. Pramal seeks justice and the protection of his rights enshrined in the Constitution of Sri Lanka.

I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Ms. Eva Wanasundara
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
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
 

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-117-2012
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.