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SRI LANKA: Innocent man was severely tortured by Dompe Police

October 21, 2011

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-215-2011

20 October 2011
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SRI LANKA: Innocent man was severely tortured by Dompe Police

ISSUES: Torture; right to justice; impunity; rule of law
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Dear friends,

On 28 September 2011, Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District was illegally arrested, detained and tortured. He was tortured on two occasions; he was hung from a ceiling beam and beaten with pipes and poles by three officers, including the Officer-in-Charge (OIC) of the crime branch Inspector of Police (IP) Mayadunne and police officer Gunawardana. Buddhika bled from his thighs, buttocks and knees. He was forced to confess to stealing a water pump, a crime that he has repeatedly denied having any involvement in. Soon after, he saw GA Gayan Saranga being brought into the police station and tortured in a similar manner. Gayan was pronounced dead later that night. A number of civilians came to the station the next morning and brought Buddhika to Dompe Government Hospital for treatment of his injuries. He was then transferred to Gampaha General Hospital for further treatment. An investigation has not been started into Buddhika's or Saranga's cases. Saranga's case is yet another in a long list of extrajudicial killings by the Sri Lanka police.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District was illegally arrested, detained and severely tortured by the police officers of the Dompe Police Station on 28 September 2011.

Buddhika lives with his mother Ms. Hingurangala Arachchige Rupa Herath (44) and his younger sister. On 27 September 2011 the mother of another friend in the village, Indika, informed Buddhika that a police officer from the Dompe Police Station had requested his presence at 9am the following day at the police station. The next morning, Buddhika went to the police station. Upon arriving at the police compound, he saw his friend Indika sitting on a bench and enquired why he had been summoned to the station. Indika replied that he did not know. Then, Officer Gunawardana of the Crime Investigation Branch of the police station called them into a room. He tied both of their hands behind their backs and questioned them about the theft of a water pump. Both Buddhika and Indika denied involvement in the crime. Officer Gunawardana then proceeded to punch and kick Buddhika and Indika. He hit Buddhika's face and then had him bend over so that he could hit his back. Buddhika and Indika were then brought to a jail cell.

A half hour later, Buddhika was brought to the back of the police station building and asked to remove his clothes. Two police officers in civilian clothes were also present. Buddhika was then asked to lie on his stomach on a bench. One of the officers tied Buddhika's hands together with a rope underneath the bench, and tied fabric through his mouth so that he could not speak. Then an officer used a Kithul pole to beat Buddhika, while two others beat him with a hose pipe. The officers repeatedly asked him about the theft of a water pump; Buddhika maintained his innocence. Buddhika began to bleed from his thighs and buttocks. The officers then untied his hands and asked him to stand up and climb onto the bench. They tied him to a ceiling beam. The officers then beat Buddhika with pipes and poles. Buddhika fell unconscious, and the officers took him down. He asked for some water, which he was provided with. When he placed the cup of water on the table, an officer threw its remaining contents in Buddhika's face and took him back to his cell.
The next morning, 29 September 2011, Buddhika's mother came to the police station to enquire after her son. Buddhika told her that he had been badly assaulted by the police officers and asked her to request his release. At 3pm that day, the Officer-in-Charge (OIC) of the crime branch and the Inspector of Police (IP) Mayadunne came to his cell and escorted Buddhika to the back of the building. IP Mayadunne ordered Buddhika to lie on the bench again. His hands were tied underneath the bench and he was severely beaten with a pole. After 30 minutes, the officers untied his hands and asked him to stand up. When he acquiesced, they beat his knees with a Kithul pole and they began to bleed.

Several hours later, Buddhika saw another villager, GH Gayan Saranga, had been brought to the station, Soon after his arrival, IP Mayadunne and another officer dragged Saranga by his hair to the back of the police station building, where Buddhika had been tortured. He heard the sounds of Saranga being beaten by the officers and heard him saying: "Ammo Ammo Gahanna Epa, Mama Danne Ne" (Mother! Mother! Do not beat me. I did not take anything.)

The next morning, Buddhika learnt from other police officers that Saranga had died while he was being tortured. He noticed that there were a considerable number of police officers present. Soon after, a crowd of people came to the police station. He was unable to stand up due to his extensive injuries and lay on the ground. A member of the crowd entered the police station and with the assistance of others, broke down the door of the cell and brought Buddhika out. Buddhika was admitted to the Dompe Government Hospital for immediate treatment. The doctors at the hospital then transferred him to the General Hospital of Gampaha for further treatment.

Buddhika states that he was illegally arrested, detained and severely tortured by the police officers. An investigation has not been initiated and justice has been denied.

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: Innocent man was severely tortured by Dompe Police

Name of Victim: Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District
Alleged perpetrators:
1. IP Mayadunne, OIC Crime Branch, Dompe Police Station
2. Police officer, Gunawardana, Dompe Police Station
3. Two other officers attached to the Dompe Police Station
Date of incident: 28 September 2011
Place of incident: Dompe Police Station

According to the information I have received Mr. Battharamulla Gamage Susantha Buddhika (19) of No: 243/3, Pelahela, Dekatana, Dompe in Gampaha District was illegally arrested, detained and severely tortured by the police officers of the Dompe Police Station on 28 September 2011.

Buddhika lives with his mother Ms. Hingurangala Arachchige Rupa Herath (44) and his younger sister. On 27 September 2011 the mother of another friend in the village, Indika, informed Buddhika that a police officer from the Dompe Police Station had requested his presence at 9am the following day at the police station. The next morning, Buddhika went to the police station. Upon arriving at the police compound, he saw his friend Indika sitting on a bench and enquired why he had been summoned to the station. Indika replied that he did not know. Then, Officer Gunawardana of the Crime Investigation Branch of the police station called them into a room. He tied both of their hands behind their backs and questioned them about the theft of a water pump. Both Buddhika and Indika denied involvement in the crime. Officer Gunawardana then proceeded to punch and kick Buddhika and Indika. He hit Buddhika's face and then had him bend over so that he could hit his back. Buddhika and Indika were then brought to a jail cell.

A half hour later, Buddhika was brought to the back of the police station building and asked to remove his clothes. Two police officers in civilian clothes were also present. Buddhika was then asked to lie on his stomach on a bench. One of the officers tied Buddhika's hands together with a rope underneath the bench, and tied fabric through his mouth so that he could not speak. Then an officer used a Kithul pole to beat Buddhika, while two others beat him with a hose pipe. The officers repeatedly asked him about the theft of a water pump; Buddhika maintained his innocence. Buddhika began to bleed from his thighs and buttocks. The officers then untied his hands and asked him to stand up and climb onto the bench. They tied him to a ceiling beam. The officers then beat Buddhika with pipes and poles. Buddhika fell unconscious, and the officers took him down. He asked for some water, which he was provided with. When he placed the cup of water on the table, an officer threw its remaining contents in Buddhika's face and took him back to his cell.

The next morning, 29 September 2011, Buddhika's mother came to the police station to enquire after her son. Buddhika told her that he had been badly assaulted by the police officers and asked her to request his release. At 3pm that day, the Officer-in-Charge (OIC) of the crime branch and the Inspector of Police (IP) Mayadunne came to his cell and escorted Buddhika to the back of the building. IP Mayadunne ordered Buddhika to lie on the bench again. His hands were tied underneath the bench and he was severely beaten with a pole. After 30 minutes, the officers untied his hands and asked him to stand up. When he acquiesced, they beat his knees with a Kithul pole and they began to bleed.

Several hours later, Buddhika saw another villager, GH Gayan Saranga, had been brought to the station, Soon after his arrival, IP Mayadunne and another officer dragged Saranga by his hair to the back of the police station building, where Buddhika had been tortured. He heard the sounds of Saranga being beaten by the officers and heard him saying: "Ammo Ammo Gahanna Epa, Mama Danne Ne" (Mother! Mother! Do not beat me. I did not take anything.)

The next morning, Buddhika learnt from other police officers that Saranga had died while he was being tortured. He noticed that there were a considerable number of police officers present. Soon after, a crowd of people came to the police station. He was unable to stand up due to his extensive injuries and lay on the ground. A member of the crowd entered the police station and with the assistance of others, broke down the door of the cell and brought Buddhika out. Buddhika was admitted to the Dompe Government Hospital for immediate treatment. The doctors at the hospital then transferred him to the General Hospital of Gampaha for further treatment.

Buddhika states that he was illegally arrested, detained and severely tortured by the police officers. An investigation has not been initiated and justice has been denied.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of the extrajudicial killing of the victim. 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 Wanasundra
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-215-2011
Countries :
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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.