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SRI LANKA: A man suffers hearing loss after being tortured by the Ayagama police

January 6, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

06 January 2006
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UA-009-2006: SRI LANKA: A man suffers hearing loss after being tortured by the Ayagama police

SRI LANKA: Torture; Inadequate government action; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the torture of a man, M.H. Priyantha Minipura (25), by policemen attached to the Ayagama police post following his arrest for allegedly possessing prohibited liquor on 24 December 2005. The victim’s left ear sustained severe injuries, resulting in complete hearing loss after he was severely beaten by the policemen.

Although the victim lodged a formal complaint against the alleged perpetrators, identified as Sub Inspector (SI) Jayatissa and other policemen at the Ayagama police post before the Assistant Superintendent of the Police (ASP), the case has not shown any progress. Additionally, despite the victim having been interviewed and examined by the hospital police and Judicial Medical Officer (JMO) attached to the Ratnapura Government Hospital, no further action has been taken to prosecute the perpetrators.

Your immediate intervention is required to call upon the Inspector General of the Police (IGP) to take adequate action in this case. The IGP must order the Special Investigations Unit to commence an investigation. The policemen involved must be indicted if the allegations are found to be true for violation of the Convention against Torture Act of 1994. Once the investigation commences, the alleged perpetrators must be suspended from their duty and restrictions imposed on them.

Finally, please urge the concerned government agencies in Sri Lanka, in particular the National Human Rights Commission (NHRC) to provide reimbursement for the victim’s medical expenses, and to ensure that appropriate compensation is afforded to him. Any government intervention or assistance must ensure the victim’s full recovery.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: M.H. Priyantha Minipura (25), single and a farmer by occupation living in Ayagama
Alleged perpetrators: Sub Inspector (SI) Jayatissa and other policemen attached to the Ayagama police post
Date of incident:  24 December 2005

Case Details:

On 24 December 2005, at around 2:30pm Police Constable (PC) Upali Dissanayake, home guard Gunasekera and another policeman attached to the Ayagama police post arrested M.H. Priyantha Minipura with an open warrant. Minipura was kept with Gunasekera while the other police officers started searching for Kasippu, a type of liquor that is prohibited, around the village. At around 6:30pm, the policemen returned. They then took the victim to their police post.

Upon arrival at the police post, Sub Inspector (SI) Jayatissa, who was the officer in charge of the post, demanded Kasippu from Minipura. When the victim denied possessing Kasippu, SI Jayatissa hit him with a strong blow to his left ear. As a result, the victim’s left eardrum was damaged and he subsequently fell to the ground. Minipura was later handcuffed to a bed. Half an hour later his handcuffs were removed and the police started beating him with a cane. The police repeatedly hit him on his buttocks and back. Afterwards, he was again handcuffed to the same bed until the next morning. The police later removed his handcuffs but detained him at the police post the whole day.

On December 26, at about 10am Minipura was released on bail after he was taken to the Ratnapura Magistrate Court. The next day, he lodged a complaint against his torturers before the Assistant Superintendent of Police (ASP). He was given a letter and was advised to proceed to the Ayagama hospital for medical attention. Since the Ayagama hospital did not have proper equipment to treat ear ailments, Minipura was advised to seek treatment at the Ratnapura Government Hospital.

On December 28, Minipura went to the Ratnapura Government Hospital where he was treated and confined at the Ear Nose Throat (ENT) ward for five days. He was also seen by the Judicial Medical officer (JMO).  According to Dr. Kirihena, an ENT Surgeon at the Ratnapura Government Hospital, the victim suffered a severe earache and loss of hearing in the left ear as a result of the traumatic perforation of the ear due to assault.

After the finding was released, the victim reported the assault allegedly perpetrated by the police to the hospital police at the Ratnapura Government Hospital. After he was discharged from the hospital he was instructed to have a regular check up with the ENT clinic for further treatment.

SUGGESTED ACTION:

Please send letters to the relevant persons listed below and raise your concern regarding M.H. Priyantha Minipura’s case.


Suggested letter:


Dear ________,

Re: SRI LANKA: A man suffers hearing loss after being tortured by the Ayagama police

Name of the victim: M.H. Priyantha Minipura (25), single and a farmer by occupation living in Ayagama 
Alleged perpetrators: Sub Inspector (SI) Jayatissa and other policemen attached to the Ayagama police post
Date of incident:  24 December 2005

I am writing to draw your attention to the case of M.H. Priyantha Minipura who was allegedly tortured by policemen attached to the Ayagama police post following his arrest on 24 December 2005. Minipura was arrested with an open warrant for allegedly possessing prohibited liquor. The police, however, failed to produce the liquor they accused him of having.

It is reported that Minipura was beaten by Sub Inspector (SI) Jayatissa on his left ear, which eventually resulted in the loss of his hearing and a severe ache to his ear. While being investigated in police custody, Minipura was handcuffed to a bed and repeatedly beaten. Additionally, he was held at the Ayagama police post for two days.

I am aware that even though Minipura lodged a complaint on December 27 against the alleged perpetrators before the Assistant Superintendent of the Police, the case has not shown any progress. Likewise, the Judicial Medical Officer (JMO) and the hospital police attached to the Ratnapura Government Hospital have taken no further action to prosecute the alleged perpetrators despite having recorded the victim’s statement.

I am deeply concerned by the government’s inadequate action, in particular the offices of the ASP and JMO regarding Minipura’s case. I strongly urge these concerned offices to immediately resolve Minipura’s complaint against his alleged perpetrators, and indict the alleged perpetrators for violation of the Convention against Torture (CAT) Act No 22 of 1994 if the allegations are found to be true. I am aware that no suspension or restriction has been imposed as yet on the policemen involved in this case.

Finally, the concerned government agencies must consider reimbursing Minipura’s medical expenses. Likewise, he must be afforded compensation and placed in an adequate rehabilitation programme.

I trust that you will take immediate action in 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

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-009-2006
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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.