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SRI LANKA: A criminal investigation is needed into the paralysis of a man in custody

November 27, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-164-2009



27 November 2009
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SRI LANKA: A criminal investigation is needed into the paralysis of a man in custody

ISSUES: Torture; police negligence; prison conditions
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a man has become critically ill and partially paralysed after time in the custody of Gampola Kuruduwatte police. He is reportedly tied to his bed and under constant guard in hospital, but was in a healthy condition before his arrest. His relatives have been unable to get a credible explanation for his paralysis and are extremely concerned for his future safety.

CASE DETAILS:

According to the information we have received, Christopher Pakiam, a three-wheeler driver, was admitted to the Bogambara Kandy Remand Prison infirmary on 16 September while waiting for the court hearing of his case (B 2985/2009). He was admitted to Kandy Hospital, ward no. 28, two days later. Those concerned about his welfare, including his family, have not been able to speak with him privately to find out how his condition deteriorated; he was unconscious for long periods of time and is being kept tied to his bed under constant guard.

Though he was well when he was arrested by the Gampola Kuruduwatte police, he is now reportedly paralysed below the waist, and has been transferred to Digana Hospital. His family are concerned that his condition is due to torture or maltreatment, but police and prison wardens have not offered them an explanation. Bail has also been refused by the Kandy High Court.

Under domestic law, if a person is arrested in good health and released with a severe condition, the responsibility for explaining it falls to those in charge of his or her detention. The Office in Charge of the Gampola Kuruduwatte police station and the Kandy prison authorities must be held accountable. In the absence of a credible explanation, it is their duty to launch an investigation and to keep the family of the victim informed of their findings, along with the necessary legal steps. Should this be a case of torture, as the family of Mr. Pakiam fears, any delay in this investigation damages the physical evidence. The patient's statement must immediately be taken.

It is important for Mr. Pakiam to be granted bail so that his family can have control over his medical treatment, and the hospital authorities must in the meantime, arrange for the best available treatment. As a witness in a criminal investigation, he and his family must be provided with protection.

Pakiam was a three-wheeler driver and was arrested after he drove three customers from Dickoya to Gampola Dolosbage who got involved in a fight, in which a man died.

SUGGESTED ACTION:

Please request the intervention of authorities listed below. The AHRC writes a separate letter to UN special rapporteur on the Question of Torture informing him of this case.

To support this appeal please click here:
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SAMPLE LETTER:

Dear __________,

SRI LANKA: A criminal investigation is needed into the paralysis of a man in custody

Name of victim: Christopher Pakiam
Name of officials responsible: Those connected to Bogambara Kandy Remand Prison and the Gampola Kuruduwatte Police, Matale Division, Central Range (West)
Date of incident: 21 May 2009
Place of incident: Gampola Dolosbage

I am writing to express my concern for the health and security of a man, who I have been reliably informed has become paralysed after time in police custody and in remand prison.

I understand that Christopher Pakiam, a three-wheeler driver, was admitted to the Kandy remand prison infirmary on 16 September while waiting for the court hearing of his case (B 2985/2009). He was admitted to Kandy Hospital, ward no. 28, two days later. Those concerned about his welfare, including his family, have not been able to speak with him privately to find out how his condition deteriorated; he was unconscious for long periods of time and is being kept tied to his bed under constant guard.

Though he was well when he was arrested by the Gampola Kuruduwatte police, he is now in a severe condition and has been transferred to Digana hospital. His family are concerned that his condition is due to maltreatment or torture. Police and prison wardens have not offered them an explanation, and bail has been refused by the Kandy High Court.

If a person is arrested in good health and released with a severe condition, the legal responsibility for explaining it falls to those in charge of his or her detention. The Officer in Charge of the Gampola Kuruduwatte police station and the Kandy prison authorities must be held accountable. In the absence of a credible explanation, it is also their duty to launch an investigation and to keep the family of the victim informed of their findings, among other legal steps. Should this be a case of torture, as the family of Mr. Pakiam fear, any delay in this investigation is damaging to the physical evidence. The patient's statement must immediately be taken.

Finally it is important for Mr. Pakiam to be granted bail so that his family can be in control of his medical treatment, and for the hospital authorities in the meantime to arrange for the best available treatment. As witnesses in a criminal investigation, he and his family must be provided with protection.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

Mr. Mahinda Balasuriya
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
E-mail: igp@police.lk

Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

Secretary, National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

Registrar of the Supreme Court
Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534

Superintendent
Bogambara Prison
Kandy
SRI LANKA
Fax:94 11 2695204

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-164-2009
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.