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SRI LANKA: Brutal torture of a man and subsequent filing of fabricated charges against him by the Thambuththegama police

January 10, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

10 January 2006
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UA-012-2006: SRI LANKA: Brutal torture of a man and subsequent filing of fabricated charges against him by the Thambuththegama police

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

The Asian Human Rights Commission (AHRC) writes to inform you that a man was brutally tortured by the police, who subsequently filed fabricated charges against him on 23 December 2005. The victim, P.K.G. Jayawardena (46), was tortured by policemen attached to the Thambuththegama Police Station following his arrest. The policemen, one of whom was identified as Sub Inspector Mendis, repeatedly hit the victim with a pole all over his body.

After the incident, the victim filed a complaint against the policemen involved before the Thambuththegama Police Station – the same station where the victim was detained and where the alleged perpetrators are assigned. Even though the police recorded the victim’s statements, the AHRC is deeply concerned that any investigation into this case will not be impartial if the same allegedly persons responsible for the attack are also to inquire into it.

Your urgent intervention is required to request for an impartial and independent investigation by the Special Investigations Unit regarding Jayawardena’s case. All the records and documents on his case must also be turned over to them. Additionally, the charges against the victim in Court must be dropped unconditionally.

Finally, please urge the concerned government agencies in Sri Lanka to take effective and adequate steps on Jayawardena’s case in accordance with the Convention against Torture Act No. 22 of 1994. Appropriate compensation and reimbursement of the victim’s medical expenses must be afforded to him without delay.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: P.K.G. Jayawardena (46), married, Rajanganaya Gemunupura
Alleged perpetrators: Sub Inspector Mendis and three policemen attached to the Thambuththegama police station (near Anuradhapura)
Date of incident:  23 December 2005

Case Details:

On 23 December 2005, at around 10:30pm four policemen wearing plain clothes, one of whom was Sub Inspector Mendis, arrived at the house of P.K.G. Jayawardena. The police searched Jayawardena’s house and subsequently arrested him. The police also took a sword being kept by the victim from his house.

According to the victim, the policemen started assaulting him after his arrest. He was taken to a nearby boutique and was forced to return the goods he allegedly stole. All the four policemen repeatedly hit him with poles. The torture lasted for about two hours. When the victim’s mother and his siblings went to the place and tried to stop the police, they were set upon by the police, who threatened to torture them as well. The victim’s relatives ran for safety.

After that, the police took the victim to a nearby cemetery where he was again severely beaten for about half an hour. He was then taken to a nearby school where the police forcibly dragged him out of the police vehicle they were riding in. At around 2am the next day, he was taken to the Thambuththegama police station where he was briefly detained.

At about 5pm the police took him to the Thambuththegama hospital. The victim then told the doctor at the hospital that he was tortured by the policemen. He was taken to the Magistrate’s official residence and the lawyer who represented him informed the Magistrate of the torture committed by the policemen against the victim. The victim was released on bail.

Following his release, at around 6:30pm the victim went back to the Thambuththegama police station – the same police station where he was detained and the policemen who tortured him were assigned. He lodged a complaint against the alleged perpetrators. It was recorded as 70/377/ CIB – 2005/12/24. A policeman assigned to his complaint case gave him a hospital form and told him to proceed to the hospital. At around 8pm, he was transferred to the Anuradhapura hospital where he was admitted for treatment for two days.  He is adamant that he was falsely accused of a crime and that the police fabricated charges against him in order to conceal their crimes of torturing him.

SUGGESTED ACTION:

Please send letters to the relevant persons listed below and raise your concern regarding P.K.G. Jayawardena’s case.


Suggested letter:


Dear _________,

Re: SRI LANKA: Brutal torture of a man and subsequent filing of fabricated charges against him by the Thambuththegama police

Name of the victim: P.K.G. Jayawardena (46), married, Rajanganaya Gemunupura
Alleged perpetrators: Sub Inspector Mendis and three policemen attached to the Thambuththegama police station (near Anuradhapura)
Date of incident:  23 December 2005

I am writing to draw your attention to the case of P.K.G. Jayawardena who was allegedly brutally tortured and subsequently charged with a fabricated case by policemen attached to the Thambuththegama police station on 23 December 2005. The victim was tortured following his arrest over allegations of theft.

I have learned that four policemen from the Thambuththegama police station, one of whom was identified as Sub Inspector Mendis, arrested Jayawardena at his residence. He was taken to different places where he was brutally tortured by being beaten with poles. The victim’s mother and his siblings were also harassed and threatened when they tried to stop the policemen from torturing him. The victim was then taken to the police station where he was briefly detained.

While I appreciate the effort of the Thambuththegama police station to record the victim’s complaint against their fellow policemen, I am deeply concerned that an impartial and independent investigation cannot be guaranteed if they are to conduct the inquiry themselves. Additionally, the records and documents relating to the victim’s complaint would be at risk of possible tampering or destruction since the alleged perpetrators are still working at the said police station.

I therefore urge your immediate intervention to ensure that the complaint is investigated by the Special Investigations Unit to ensure its independence and impartiality. The records and documents relating to the case must also be forwarded to them. Charges against the victim filed by the police must be dropped. Once the investigation commences, the policemen involved must be suspended from their duty. Indictment for violation of the Convention against Torture (CAT) Act No 22 of 1994 must be filed against them if the allegations are found to be true.

I also urge the government agencies concerned to ensure that the victim is afforded with appropriate compensation and rehabilitation and is reimbursed for his medical expenses in accordance with the CAT Act of Sri Lanka.

I also take this opportunity to remind the Government of Sri Lanka of the conclusions and recommendations provided to it by the Committee against Torture at their 35th session in November 2005. Relevant to this case is the need for a prompt and impartial investigation (article 12), protection from intimidation and threats (article 13), and the providing of appropriate rehabilitation (article 14).

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. His Excellency the Hon. Mr Mahinda Rajapakse
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / 2446657
Email: secretary@presidentsoffice.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-012-2006
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.