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SRI LANKA: Illegal arrest and torture of a man by the Thanamalvila Police

January 3, 2006

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ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEALS PROGRAMME

Urgent Appeal

03 January 2006
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UA-001-2006: SRI LANKA: Illegal arrest and torture of a man by the Thanamalvila Police

SRI LANKA: Torture; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of yet another case of police torture in Sri Lanka. On 20 December 2005, Amila Prasad was allegedly severely tortured by several policemen attached to the Thanamalvila Police after being arrested without any charges. He is presently being treated for his injuries in hospital.

After the incident, the policemen involved allegedly fabricated stories against the people who had gathered in front of the police station to protest Amila’s arrest and torture.

This is yet one more of the most careless and senseless acts of torture perpetrated by policemen throughout the country.  The AHRC has reported hundreds of cases of the random violence police officers often mete out on civilians.  It has become part of the nature of policing in Sri Lanka for officers to behave like gang and assault people randomly.

The AHRC urges for your intervention to ensure that an immediate and independent inquiry into the incident is conducted. Appropriate charges must be filed against them and that they must be restricted from their duty once the investigation commences. The government must reimburse the victim’s medical expenses as stipulated in the Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka.


Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Amila Prasad
Date of incident: 20 December 2005
Alleged perpetrators: Some officers from the Thanamalvila Police Station (Moneragala)

Case details:

On 20 December 2005, Amila Prasad was alleged to have been arrested without any charges by policemen attached to the Thanamalvila Police Station. While in police custody, some police officers severely tortured him.

A large crowd gathered at the police station to demonstrate against the arrest and torture of this young man.  According to the police, they had gone to settle a dispute between two parties and were assaulted by person present.  However, they have not accused Amila of being that person. Furthermore, the people in the vicinity, who went to the police station to rescue Amila, stated that no such assault ever took place.  It is reported that Amila had nothing to do with any incident but was randomly arrested by the police and brutally tortured.  Meanwhile, a complaint has been made to the Officer-in-Charge of the police station and Amila is currently being treated at the hospital.

AHRC’s observations:

The arbitrary arrest and systematic torture committed by the Sri Lanka police has been brought to the notice of the Sri Lankan government and various United Nations agencies by way of large reports of documented cases, books and many appeals.  However, no change for the better can be seen.  The National Police Commission (NPC), which was attempting to take measures against such behaviour no longer functions, as the tenure of the commissioners has expired and no new members can be appointed due to the equally non-functioning Constitutional Council, which has the duty to appoint new commissioners.  The government encourages the lethargy that has set into the policing institution and thereby is responsible for this sort of behaviour which is taking place throughout the country.

SUGGESTED ACTION:

Please send letters to the addresses listed below and raise your concern regarding Amila Prasad’s case. An independent and immediate investigation must be conducted on this case.

Suggested letter:

Dear _________,

Re: SRI LANKA: Illegal arrest and torture of a man by the Thanamalvila Police

Name of the victim: Amila Prasad
Date of incident: 20 December 2005
Alleged perpetrators: Some officers from the Thanamalvila Police Station (Moneragala)

I am writing to bring to your notice the case of Amila Prasad, who was severely tortured by several policemen attached to the Thanamalvila Police Station following his arrest on 20 December 2005. I have learned that Amila was arrested without charges and was severely tortured while in police custody. He suffered severe injuries and is presently in hospital.

I am aware that the policemen involved fabricated stories against the people who gathered in front of the police station to protest Amila’s arrest and torture. The police have accused these people of assaulting them, which has been strongly denied by the people.

This is yet one more of the most careless and senseless acts of torture perpetrated by policemen throughout the country.  The AHRC has reported hundreds of cases of the random violence police officers often mete out on civilians.  It has become part of the nature of policing in Sri Lanka for officers to behave like gang and assault people randomly. Hundreds of cases have been reported of the random violence police officers often mete out on civilians.  This behaviour has been brought to the notice of the Sri Lankan government and various United Nations agencies by way of large reports of documented cases, books and many appeals.  However, no change for the better has been seen. 

I am deeply concerned that the National Police Commission (NPC), which was attempting to take measures against such behaviour no longer functions, as the tenure of the commissioners has expired and no new members can be appointed due to the equally non-functioning Constitutional Council, which has the duty to appoint new commissioners.  The government encourages the lethargy that has set into the policing institution and thereby is responsible for this sort of behaviour which is taking place throughout the country.

I urge you to ensure that an immediate and independent inquiry takes place into the incident, so that the perpetrators may be brought to justice. During the course of inquiry, the police officers should be suspended. If allegations are found to be true, charges must be filed against them. Additionally, the victim must be reimbursed for his medical expenses.

I trust that you will take action on this case.


Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk

5. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-001-2006
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.