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SRI LANKA: A 17-year old boy is physically and sexually assaulted by intoxicated police officers at Pallama Police Station for a crime that he did not commit

July 4, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-121-2012



4 July 2012
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SRI LANKA: A 17-year old boy is physically and sexually assaulted by intoxicated police officers at Pallama Police Station for a crime that he did not commit

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 a 17-year old boy was physically and sexually assaulted by intoxicated police officers at Pallama Police Station for a crime that he did not commit. Mr. Chamara (name changed for privacy and security purposes) was accused of stealing jewelry from a neighbour. Despite repeated denials of this accusation, he was arbitrarily arrested by officers attached to the Pallama Police Station, detained and grossly assaulted, both physically and sexually. According to Mr. Chamara, the police officers who tortured him consumed liquor before and during the assault. Although Mr. Chamara has been released on bail and underwent medical treatment at Chilaw Basic Hospital, he is still suffering from the assault. His hearing has been affected, and he is unable to work. 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. R M Chamara of C/o R M Karunawathie, Periyamadu, Andigama in Puttalam District was physically and sexually assaulted by a group of intoxicated police officers for a crime that he did not commit. Mr. Chamara is 17-years old and is in training to be a motor mechanic.

On 27 May 2012 at about 7pm, Mr. Chamara's neighbour, Mr, Asoka, along with one of Mr. Asoka's relatives, visited Mr. Chamara to tell him that they could not find several pieces of jewelry (total worth Rs. 10,000) and believed that Mr. Chamara had stolen the items. Mr. Chamara denied the allegation, and his father spoke further to Asoka and his relative on Mr. Chamara's behalf.

On 28 May at about 9am, Police Officer Jayapathma (41510) of Pallama Police Station visited Mr. Chamara's home and recorded a statement regarding the theft. Later that day, at around 7:30pm, ten officers dressed in civilian clothes from Pallama Police Station visited Mr. Chamara's residence. Three of the officers arrested Mr. Chamara. As they led Mr. Chamara away from his home, one of the officers (who shall be referred to as Officer X and can be identified by the victim through an Identification Parade) put his hand around Mr. Chamara's neck and said "I have a son like you. If you tell us the truth, we will release you now." However, Mr. Chamara maintained his innocence. The officers took him to the Pallama Police Station.

On the way to the police station, the officers stopped to buy beer at a liquor shop, where another officer from Pallama Police Station was waiting on his motorcycle. According to Mr. Chamara, Officer X told the officer on the motorcycle to keep ropes, a pole and a bottle of petrol ready at the station. Officer X asked Mr. Chamara about the stolen items again, and Mr. Chamara, once again, maintained his innocence. Officer X responded that he would make him vomit the stolen items.

Mr. Chamara was taken inside the police compound by several officers who were consuming alcohol, and was told to sit on the bed. They again asked him to tell them the truth, and threatened to hang him from a ceiling beam if he did not comply. When Mr. Chamara insisted that he was innocent, Officer X removed Mr. Chamara's clothes, and tied his hands together with his sarong. He then used wooden poles to hang Mr. Chamara across two chairs. Even though Mr. Chamara pleaded for them to release him and maintained his innocence, the officers hit his heels, shoulders, backside and ears. Then, a police officer inserted the empty bottle of alcohol into Mr. Chamara's rectum. They officers tried to pour petrol into Mr. Chamara's rectum, but were dissuaded from doing so by Officer Jayapathma, who said that he knew Mr. Chamara's aunt.

Mr. Chamara's aunt and another relative tried to visit him at the police station that evening, but were turned away. According to information we have received, Officer Jayapathma assured Mr. Chamara's aunt that he would not be tortured. After Mr. Chamara's relatives had left, the police officers ordered Mr. Chamara to do exercises. However, due to the severity of his injuries, Mr. Chamara was unable to do the exercises. He was unable to sleep, or even lie on the ground, due to the extent of his injuries.

On 29 May at about 7:30am, Mr. Chamara was taken back to the room in which he was tortured, and was handcuffed to the bed. At around 10am, Mr. Chamara's parents and aunt visited the police station, and this time, the officers permitted them to see their son. Mr. Chamara told his family that he had been hung up and brutally assaulted for a crime that he did not commit. Despite his family's requests, the police officers did not release Mr. Chamaraa.

On 30 May, one of the police officers who had tortured Mr. Chamara wrote a statement on a piece of paper and told Mr. Chamara to sign it. The officer did not read the document to him, nor did he allow him to read it. Due to fear of further abuse, Mr. Chamara signed the document.

Later that day, Mr. Chamara was produced before the Puttalam Magistrate Court. He was accused of stealing his neighbours' jewelry and was remanded for seven days. He was released on bail on the seventh day. Shortly after he was released, Mr. Chamara was admitted to Chilaw Basic Hospital for medical treatment of his injuries. He has not fully recovered as yet.

Mr. Chamara's family has filed an official complaint with the Human Rights Commission of Sri Lanka (HRCSL) and the Inspector General of Police (IGP). None of these authorities have initiated a credible, impartial investigation into the abuse Mr. Chamara suffered abuse at the hands of state agents, which constitutes a blatant violation of his basic rights. Mr. Chamara and his family seek justice for the crimes committed against him. They call for his rights enshrined in the Constitution of Sri Lanka to be upheld.

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 child 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 17-year old boy is physically and sexually assaulted by intoxicated police officers at Pallama Police Station for a crime that he did not commit

Name of the victim: Actual name of the child would not be revealed for obvious reasons
Alleged perpetrators:
1. Officer-in-Charge
2. Police Constable Jayapathma (41510)
3. Several other police officers whom can be identified if there is a parade,
All attached to Pallama Police Station.
Date of incident: 28 May 2012
Place of incident: inside the Pallama Police Station

I am writing to express my serious concern over the case of Mr. R M Chamara of C/o R M Karunawathie, Periyamadu, Andigama in Puttalam District who was physically and sexually assaulted by a group of intoxicated police officers for a crime that he did not commit. Mr. Chamara is 17-years old and is in training to be a motor mechanic.

On 27 May 2012 at about 7pm, Mr. Chamara's neighbour, Mr, Asoka, along with one of Mr. Asoka's relatives, visited Mr. Chamara to tell him that they could not find several pieces of jewelry (total worth Rs. 10,000) and believed that Mr. Chamara had stolen the items. Mr. Chamara denied the allegation, and his father spoke further to Asoka and his relative on Mr. Chamara's behalf.

On 28 May at about 9am, Police Officer Jayapathma (41510) of Pallama Police Station visited Mr. Chamara's home and recorded a statement regarding the theft. Later that day, at around 7:30pm, ten officers dressed in civilian clothes from Pallama Police Station visited Mr. Chamara's residence. Three of the officers arrested Mr. Chamara. As they led Mr. Chamara away from his home, one of the officers (who shall be referred to as Officer X and can be identified by the victim through an Identification Parade) put his hand around Mr. Chamara's neck and said "I have a son like you. If you tell us the truth, we will release you now." However, Mr. Chamara maintained his innocence. The officers took him to the Pallama Police Station.

On the way to the police station, the officers stopped to buy beer at a liquor shop, where another officer from Pallama Police Station was waiting on his motorcycle. According to Mr. Chamara, Officer X told the officer on the motorcycle to keep ropes, a pole and a bottle of petrol ready at the station. Officer X asked Mr. Chamara about the stolen items again, and Mr. Chamara, once again, maintained his innocence. Officer X responded that he would make him vomit the stolen items.

Mr. Chamara was taken inside the police compound by several officers who were consuming alcohol, and was told to sit on a bed there. They again asked him to tell them the truth, and threatened to hang him from a ceiling beam if he did not comply. When Mr. Chamara insisted that he was innocent, Officer X removed Mr. Chamara's clothes, and tied his hands together with his sarong. He then used wooden poles to hang Mr. Chamara across two chairs. Even though Mr. Chamara pleaded for them to release him and maintained his innocence, the officers hit his heels, shoulders, backside and ears. Then, a police officer inserted the empty bottle of alcohol into Mr. Chamara's rectum. They officers tried to pour petrol into Mr. Chamara's rectum, but were dissuaded from doing so by Officer Jayapathma, who said that he knew Mr. Chamara's aunt.

Mr. Chamara's aunt and another relative tried to visit him at the police station that evening, but were turned away. According to information we have received, Officer Jayapathma assured Mr. Chamara's aunt that he would not be tortured. After Mr. Chamara's relatives had left, the police officers ordered Mr. Chamara to do exercises. However, due to the severity of his injuries, Mr. Chamara was unable to do the exercises. He was unable to sleep, or even lie on the ground, due to the extent of his injuries.

On 29 May at about 7:30am, Mr. Chamara was taken back to the room in which he was tortured, and was handcuffed to the bed. At around 10am, Mr. Chamara's parents and aunt visited the police station, and this time, the officers permitted them to see their son. Mr. Chamara told his family that he had been hung up and brutally assaulted for a crime that he did not commit. Despite his family's requests, the police officers did not release Mr. Chamaraa.

On 30 May, one of the police officers who had tortured Mr. Chamara wrote a statement on a piece of paper and told Mr. Chamara to sign it. The officer did not read the document to him, nor did he allow him to read it. Due to fear of further abuse, Mr. Chamara signed the document.

Later that day, Mr. Chamara was produced before the Puttalam Magistrate Court. He was accused of stealing his neighbours' jewelry and was remanded for seven days. He was released on bail on the seventh day. Shortly after he was released, Mr. Chamara was admitted to Chilaw Basic Hospital for medical treatment of his injuries. He has not fully recovered as yet.

Mr. Chamara's family has filed an official complaint with the Human Rights Commission of Sri Lanka (HRCSL) and the Inspector General of Police (IGP). None of these authorities have initiated a credible, impartial investigation into the abuse Mr. Chamara suffered abuse at the hands of state agents, which constitutes a blatant violation of his basic rights. Mr. Chamara and his family seek justice for the crimes committed against him. They call for his rights enshrined in the Constitution of Sri Lanka to be upheld.

I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into torturing child 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-121-2012
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.