Home / News / Urgent Appeals / SRI LANKA: Panwila Police illegally arrested, detained and tortured an innocent civilian

SRI LANKA: Panwila Police illegally arrested, detained and tortured an innocent civilian

September 1, 2010

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-126-2010

 

1 September 2010

------------------------------------------------------
SRI LANKA: Panwila Police illegally arrested, detained and tortured an innocent civilian

ISSUES: Illegal arrest; arbitrary detention; torture; impunity; rule of law.
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that police officers attached to the Panwila Police Station have illegally arrested, detained and tortured an innocent civilian. He was later released on police bail without being produced before a Magistrate.

CASE NARRATIVE:

Mr. Jesu Andrew (28) of Holankanda, Mudulkelle in the district of Kandy is married and his wife is expecting a baby. Andrew is engaged in a small business in the Wattegama area.

On 23 August 2010 Andrew was returning home from Wattegama to Mudulkelle by bus. Since there was a crowd Andrew helped a girl in the bus to carry her bag as he knew her previously from his school days.

At Maussa, the bus halted as the road was not passable so the girl collected her bag, got into a three-wheeler and proceeded home while Andrew also returned to his home.

In the evening at around 5pm the girl, along with her family members and police officers from the Panwila Police Station came and arrested Andrew saying that he had stolen jewelry from her bag. Andrew was then taken to the Panwila Police Station where he was tortured severely by the officers.

First, Andrew was slapped in front of the girl who made the complaint at the moment he was taken to the police station. Then, he was stripped naked. He was forced to lie down on a bench and was beaten severely with a pole over various parts of his body. The officers also rubbed chilli powder on his genitalia.

While he was being tortured the officers tried to force a confession from him that he had stolen the jewelry. However, when he refused to plead guilty he was thrown into a police cell and beaten again.

On 25 August his uncle arrived at the police station and offered a bottle of Arrack (liquor) to the police officers to get Andrew released. Subsequently Andrew was released later that day on police bail after having been illegally detained at the police station since 23 August. Prior to his release he was forced to sign a document written in Sinhala, the contents of which he had no knowledge of, as he cannot read or write Sinhalese. The police officers, when asked, refused to read or explain the document to him. After his release due to the pain in his joints he was treated at Panwila Hospital on 26 August.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of arbitrarily arrest, torturing while in detention by the Sri Lankan police which are illegal under international and local law which have taken place at different police stations in the country over the past few years.

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the Constitution no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Further Article 13 (1) has stated that 'No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest'.

The Supreme Court of Sri Lanka
In the case of Amal Sudath Silva vs. Kodituwakku Inspector of Police and others (1987) 2 SLR119, as Per Atukorale, J.:
"Article 11 of our Constitution mandates that no person shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment. It prohibits every person from inflicting torture some, cruel or inhuman treatment on another. It is an absolute fundamental right subject to no restrictions or limitations whatsoever. Every person in this country, be he a criminal or not, is entitled to this right to the fullest content of its guarantee. Constitutional safeguards are generally directed against the State and its organs……….
………This court cannot, in the discharge of its constitutional duty, countenance any attempt by, any police officer however high or low, to conceal or distort the truth induced perhaps, by a false sense of police solidarity. The facts of this case have revealed disturbing features regarding third degree methods adopted by certain police officers on suspects held in police custody. Such methods can, only be described as barbaric, savage and inhuman. They are most revolting to one's sense of human decency and dignity particularly at the present time when every endeavour is being made to promote and protect human rights. Nothing shocks the conscience of a man so much as the cowardly act of a delinquent police officer who subjects a helpless suspect in his charge to depraved and barbarous methods of treatment within the confines of the very premises in which he is held in custody. Such action on the part of the police will only breed contempt for the law and will tend to make the public lose confidence in the ability of the police to maintain law and order. The petitioner may be a hard core criminal whose tribe deserve no sympathy. But if constitutional guarantees are to have any meaning or value in our democratic set up, it is essential that he be not denied the protection guaranteed by our Constitution."

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

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 illegal arrest, torture and detention by the police perpetrators. If found guilty they must be punished with imprisonments after prosecuted under the Convention against Torture Act No. 22 of 1994. The officers involved must also be subjected to internal investigations for the breach of the departmental orders as issued by the police department.

Please note that the Asian Human Rights Commission has already written separate letters to the Special Rapporteur on the Question of Torture, on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Panwila Police illegally arrest, detain and tortured an innocent civilian

Name of victim: Mr. Jesu Andrew (28), living in Holankanda Mudulkelle

Alleged perpetrators: Police officers attached to the Panwila Police Station in Central province

Date of Incident: 23 August 2010
Places of Incident: Panwila Police Station in Central province

I am writing to voice my concern regarding the arbitrary arrest, detention and torture by the officers attached of the Panwila Police Station in the Central province Sri Lanka. According to the information that I have received, Mr. Jesu Andrew (28) of Holankanda, Mudulkelle was returning home from Wattegama to Mudulkelle by bus. Since there was a crowd Andrew helped a girl in the bus to carry her bag as he knew her previously from his school days.

At Maussa, the bus halted as the road was not passable so the girl collected her bag, got into a three-wheeler and proceeded home while Andrew also returned to his home.

In the evening at around 5 pm the girl, along with her family members and police officers from the Panwila Police Station came and arrested Andrew saying that he had stolen jewelry from her bag. Andrew was then taken to the Panwila Police Station where he was tortured severely by the officers.

Andrew was stripped naked and forced to lie down on a bench. He was then beaten severely with a pole over various parts of his body. The officers also rubbed chilli powder on his genitalia.

While he was being tortured the officers tried to force a confession from him that he had stolen the jewelry. However, when he refused to plead guilty he was thrown into a police cell and beaten again.

On 25 August his uncle arrived at the police station and offered a bottle of Arrack (liquor) to the police officers to get Andrew released. Subsequently Andrew was released later that day on police bail after having been illegally detained at the police station since 23 August. Prior to his release he was forced to sign a document written in Sinhala, the contents of which he had no knowledge of, as he cannot read or write Sinhalese. The police officers, when asked, refused to read or explain the document to him.

After his release due to the pain in his joints he was treated at Panwila Hospital on 26 August.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, detention and torture 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 officer. Those who are responsible for torturing should be prosecuted under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. 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,

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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-126-2010
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.