Home / News / Urgent Appeals / SRI LANKA: Baduraliya police illegally arrest and fabricate charges against a rubber tapper

SRI LANKA: Baduraliya police illegally arrest and fabricate charges against a rubber tapper

December 11, 2009


ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal: AHRC-UAC-173-2009



11 December 2009
------------------------------------------------------
SRI LANKA: Baduraliya police illegally arrest and fabricate charges against a rubber tapper

ISSUES: Arbitrary arrest and detention; fabrication of charges
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received the information that Baduraliya Police have illegally arrested and detained a rubber tapper, and fabricated charges against him by taking his thumbprint signature on an unknown statement. The victim has pleaded not guilty and was released on bail, but is currently facing charges of harbouring illegal alcohol. His case is due to be called on 22 January 2010.

CASE DETAILS:

On the 2 November 2009 Ukwatta Arachchige Piyadasa, a 56-year-old labourer on a rubber estate was visiting the house of his employer, Neville Atukorale, when two police officers in civilian dress entered the house, at around 10am. They said that they were from the Baduraliya Police station and they accused Piyadasa with selling illicit liquor produced by a neighbour, which he denied.

According to our information an officer then picked up a branch from the roadside and threatened to hit Piyadasa if he did not tell them where his illegal alcohol stock was kept. When he proclaimed innocence, the officers placed him in between them on their motorcycle and detained him in a cell at Baduraliya police station. They had no warrant for his arrest.

At around 8pm another police officer asked Piyadasa if he had previous convictions, and appeared to record the statement before telling him to sign the paper using his finger prints; the officer did not read the statement to the detainee or allow him to read it. Piyadasa was released on bail after 24 hours and was told to be present at the Mathugama Magistrates Court on 6 November 2009. Arriving at the court that day, Piyadasa found out that the officers had fabricated charges against him of harbouring five bottles of illicit liquor. He was released on bail again and told to attend court on 22 January 2010 (case number 50678). He has angered local police by refusing to plead guilty and pay the customary fine, and he now fears for his security.

SUGGESTED ACTION:

Please write to the local authorities listed below and demand that the charges against the victim be dropped by the police due to the corruption of legitimate procedure. Please call for due disciplinary and legal action to be taken against the Baduraliya officers involved.

To support this appeal please click here:

------------------------------------------------------.

SAMPLE LETTER:

Dear __________,

SRI LANKA: Baduraliya police illegally arrest and fabricate charges against a rubber tapper

Name of victim: Ukwatta Arachchege Piyadasa, 56; married with 2 children; manual labourer; resident of Hadigalla Settlement, Puwakdola, Baduraliya.
Name of alleged perpetrators: Officers attached to Baduraliya Police Station, Kalutara Divison, Western Province (South) Range
Date of incident: 2 November 2009
Place of incident: Baduraliya

I am writing to voice my deep concern regarding the alleged illegal arrest, custody and fabrication of charges against a rubber estate worker by the Baduraliya police on 2 November 2009. The man was picked up by officers in civil clothes, threatened with violence and detained for 24 hours. I am told that he was instructed to sign a paper with his finger prints by officers but did not have the statement read to him and was not allowed to read it. At the Mathugama Magistrates Court on 6 November 2009 Mr. Piyadasa found out that he faced fabricated charges for the supposed harbouring of five bottles of illicit liquor (case 50678).

I expect a swift inquiry into this matter. If police procedure has been violated, the charges against the accused must be dropped and disciplinary and legal action must be taken against the Baduraliya officers involved in his framing. Security must also be provided for Mr. Piyadasa who has decided to pursue justice. In similar situations underprivileged Sri Lanka civilians tend to plead guilty and pay a fine – on or off the record – to be released. His resistance to this must be appreciated, as must his vulnerability to harassment by officers in the area.

Yours sincerely,


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

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: 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

Senior Superintendent of Police
Office of the Senior Superintendant of Police
Kalutara Division
Fax: +94 34-2222146

-----------------------------
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-173-2009
Countries :
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.