Home / News / Urgent Appeals / SRI LANKA: Yet another innocent man was illegally arrested, tortured and forced to sing fraudulent documents after being accused of participating in a demonstration

SRI LANKA: Yet another innocent man was illegally arrested, tortured and forced to sing fraudulent documents after being accused of participating in a demonstration

August 31, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-158-2012



31 August 2012
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SRI LANKA: Yet another innocent man was illegally arrested, tortured and forced to sing fraudulent documents after being accused of participating in a demonstration

ISSUES: Illegal arrest; arbitrary detention; torture; impunity; rule of law
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Dear friends,

On 2 August 2012 around 3,000 people from Thambutthegama took part in a demonstration in front of the Thambuththegama Police Station. The demonstrators were carrying the dead body of a lady and blamed the police for bailing out a drunken driver of the vehicle that was responsible for the death of the lady. Later there was an exchange of stones between the police and the demonstrators. After that the police arrested ten persons including Mr. Randunu Pathiranalage Susil Priyankara Seneviratne accusing them of taking part in the demonstration. Priyankara was brutally assaulted and later the police officers filed a fabricated case against him, accusing him of damaging state property.

CASE NARRATIVE:

Mr. Randunu Pathiranalage Susil Priyankara Seneviratne (27) of No 411/3, Nawa Theldeniya, Galadivulwewa in Anuradhapura District is a Businessman and owns a communication center in Thambuththegama Town.

The day following the demonstration, 3 August 2012, when Priyanka opened his shop at 9 am about 10 police officers traveling in a police jeep and on several motorcycles arrived. Six of them entered Priyankara's shop. One officer by the name of Jagath caught Priyankara by his neck while another officer grabbed Priyankara's hands from behind. Then other officers, namely Prasanna Karunajeewa, Upali, Abey, Karunathilake and Wijethunga started to brutally assault Priyankara with their helmets and fists.

AHRC-UAC-158-2012-01.jpgWhen Priyankara asked them the reason for the assault one officer told him, "You assaulted police with stones" (referring to the demonstration of the previous day). Priyankara replied that he had not been anywhere and had stayed in the shop the whole day. He told them they could ask the neighbouring shop keepers for confirmation of this. The officers told him rudely, "We know everything". Then they dragged Priyankara along the floor as they continued to assault him. Priyankara suffered enormous pain and continuously pleaded with the officers to stop. The adjoining shop keepers came out and while watching scene, they told the police officers that on the day of the demonstration Priyankara had been in the shop for the whole day. They further explained to the officers that he did not go anywhere. But the police officers did not listen and pushed Priyankara in to the police jeep. In the jeep Priyankara observed that the officers had arrested three more persons from the Kuda Bilibawa, Pahalagama areas and they were also in the police jeep. They all were brought to the Thambuththegama Police Station and locked up inside a cell. The police officers ordered Priyankara to sign documents which were already written and which he was not allowed to read. Priyankara did so out of fear of further torture.

Then Priyankara was produced before the Thambuthegama Magistrate where he learned that the police had filed a fabricated case against him accusing him of damaging state property. When he was produced he denied the charges in front of the Magistrate. The Magistrate granted him bail with the condition of two surety bonds of Rs.100,000.00 each.

After he returned home Priyankara's health condition worsened and he was admitted to the Thambuththegam Government Hospital. After his admission he was transferred to the Teaching Hospital of Anuradhapura for treatment. Priyankara was treated as in door patient for three days and on 7 August 2012. During that time the Judicial Medical Officer (JMO) examined him.

Before the arrest and the torture by the police officers Priyankara was in good health. However, following the brutal and inhumane assault by the police officers he is now suffering various health ailments and has difficulty in performing his daily activities. He is still undergoing treatment. One of the injuries resulted in damage to his left ear and he is now short of hearing. He is going to get further treatment for this from the consultant medical practitioner.

Priyankara complained to the Inspector General of Police (IGP), National Police Commission (NPC), Senior Superintendent of Police (SSP) North Central Province, Assistant Superintendent of Police (ASP), Officer-in-Charge of the Police Station Thambuththegama, Director Special Investigating Unit (SIU) of Criminal Investigation Department (CID) of the Sri Lanka Police and the Attorney General (AG) regarding the violations of his rights. None of these authorities have started any investigation into his complaint. He states that his right to have his complaint investigated has been violated and he seeks justice from the state of Sri Lanka.

ADDITIONAL COMMENTS:

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

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.

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, illegal detention, torturing 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: Yet another innocent man was illegally arrested, tortured and forced to sing fraudulent documents after being accused of participating in a demonstration

Name of the victim: Mr Randunu Pathiranalage Susil Priyankara Seneviratne of No 411/3, Nawa Theldeniya, Galadivulwewa in Anuradhapura District
Alleged perpetrators:
1. Police officer Prasanna Karunajeewa
2. Police officer Upali
3. Police officer Abey
4. Police officer Karunathilaka
5. Police officer Jagath and
6. Police officer Wijethunga

All attached to the Police Station of Thambuththegama
Date of incident: 3 August 2012
Place of incident: Thambuththegama Police Station

I am writing to express my serious concern over the case of Mr. Randunu Pathiranalage Susil Priyankara Seneviratne (27) of No 411/3, Nawa Theldeniya, Galadivulwewa in Anuradhapura District. Priyankara is a Businessman and owns a communication center in Thambuththegama Town.

The day following the demonstration, 3 August 2012, when Priyankara opened his shop at 9 am about 10 police officers traveling in a police jeep and on several motorcycles arrived. Six of them entered Priyankara's shop. One officer by the name of Jagath caught Priyankara by his neck while another officer grabbed Priyankara's hands from behind. Then other officers, namely Prasanna Karunajeewa, Upali, Abey, Karunathilake and Wijethunga started to brutally assault Priyankara with their helmets and fists.

When Priyankara asked them the reason for the assault one officer told him, "You assaulted police with stones" (referring to the demonstration of the previous day). Priyankara replied that he had not been anywhere and had stayed in the shop the whole day. He told them they could ask the neighbouring shop keepers for confirmation of this. The officers told him rudely, "We know everything". Then they dragged Priyankara along the floor as they continued to assault him. Priyankara suffered enormous pain and continuously pleaded with the officers to stop. The adjoining shop keepers came out and while watching scene, they told the police officers that on the day of the demonstration Priyankara had been in the shop for the whole day. They further explained to the officers that he did not go anywhere. But the police officers did not listen and pushed Priyankara in to the police jeep. In the jeep Priyankara observed that the officers had arrested three more persons from the Kuda Bilibawa, Pahalagama areas and they were also in the police jeep. They all were brought to the Thambuththegama Police Station and locked up inside a cell. The police officers ordered Priyankara to sign documents which were already written and which he was not allowed to read. Priyankara did so out of fear of further torture.

Then Priyankara was produced before the Thambuthegama Magistrate where he learned that the police had filed a fabricated case against him accusing him of damaging state property. When he was produced he denied the charges in front of the Magistrate. The Magistrate granted him bail with the condition of two surety bonds of Rs.100,000.00 each.

After he returned home Priyanka's health condition worsened and he was admitted to the Thambuththegam Government Hospital. After his admission he was transferred to the Teaching Hospital of Anuradhapura for treatment. Priyankara was treated as in door patient for three days and on 7 August 2012. During that time the Judicial Medical Officer (JMO) examined him.

Before the arrest and the torture by the police officers Priyankara was in good health. However, following the brutal and inhumane assault by the police officers he is now suffering various health ailments and has difficulty in performing his daily activities. He is still undergoing treatment. One of the injuries resulted in damage to his left ear and he is now short of hearing. He is going to get further treatment for this from the consultant medical practitioner.

Priyankara complained to the Inspector General of Police (IGP), National Police Commission (NPC), Senior Superintendent of Police (SSP) North Central Province, Assistant Superintendent of Police (ASP), Officer-in-Charge of the Police Station Thambuththegama, Director Special Investigating Unit (SIU) of Criminal Investigation Department (CID) of the Sri Lanka Police and the Attorney General (AG) regarding the violations of his rights. None of these authorities have started any investigation into his complaint. He states that his right to have his complaint investigated has been violated and he seeks justice from the state of Sri Lanka.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, 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 state officers and for wrongful prosecution. 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. Mr. Sarath Palith Fernando
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-158-2012
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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.