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SRI LANKA: A young man tortured allegedly in revenge for his parent's campaign against the illicit liquor trade

January 12, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

12 January 2006
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UA-021-2006: SRI LANKA: A young man tortured allegedly in revenge for his parent’s campaign against the illicit liquor trade

SRI LANKA: Arbitrary detention; Torture; Police misconduct; Corruption
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Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that a 21-year-old man was tortured by police personnel attached to the Horana police station on 5 January 2006. The police raided the victim’s house and took him into custody without providing any arrest warrant or giving any reason for his detention. The victim spent one day in detention, where he claims he was tortured by some police officers, including Sergeant Rajapakse and Police Constable Chandraratne. On his release, the victim was taken to the Horana hospital where he was warded for several days. To date the victim has not been informed by the police as to whether he is suspected of having committing a crime. His parents however, claim that their son was detained and tortured in response to their recent campaign against the illicit liquor trade.

Your urgent intervention is required to have the victim’s allegation of arbitrary detention and torture perpetrated by the policemen investigated thoroughly as stipulated in the Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka. The policemen involved must be suspended from their duty once the investigation commences. An inquiry should also be conducted into who instructed the police to detain the victim in the first instance.

Please also urge the concerned government agencies in Sri Lanka to reimburse the victim of his medical expenses. Additionally, the victim must be placed in a rehabilitation programme for adequate medical and trauma treatment.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victim: R.D. Kanishka Gayan, 21-years-old, unmarried; Occupation: mechanic; Address: Wewala, Horana.
Name of alleged perpetrators: Sergeant Rajapakse, PC Chandraratne and others from the Horana police
Date of incident: 5 January 2006

On 5 January 2006 around 1.00am there was shouting and banging on the front door of G. Anulawathi’s home. The callers identified themselves as the police and demanded that they open the door. Anulawathi’s daughter, Tamarasi opened the door. Three policemen armed with guns barged into their home and demanded to see her brother, Kanishka Gayan. Tamarasi said he was sleeping. One policeman, Chandrarathne (reg. no 31288) went into the room in which the victim was sleeping. The other two policemen went into the rooms in which four girls were sleeping and began to search the room. They dragged the victim outside and readied themselves to take him to the police station. His mother queried as to why they were arresting her son but the only reply she got was a barrage of filthy language. They even threw stones at her. They then put the son into a private vehicle in which they had arrived and went away.

Around 4.00am Kanishka Gayan’s father and brother-in-law went to the Horana police station in search of him. They arrived home around 10 that same morning and said that the boy had been severely assaulted at the police station. They had been told to return to the police station around 11.00am. Therefore, at 11 they returned to the police station, along with the mother. They met with the Officer-In-Charge, Inspector Irasinghe who said the boy would be released in the evening. Around 5pm Kanishka Gayan returned home. He complained that he had been tortured at the police station and was feeling ill. He also said that Sergeant Rajapakse brutally assaulted him and that he could recognise the other perpetrators if seen again. Later, the family took him to the Horana hospital where he was warded for several days. To date the victim has not been informed by the police as to whether he is suspected of having committing a crime.

But according to Anulawathi, her and her husband had recently organised a group of villagers to stand up against the use of illicit liquor in their village. At the first meeting the husband and wife spoke strongly against this growing menace. They suspect that their son was illegally arrested and tortured as revenge by those who had been adversely affected by their campaign. That is, the traffickers as well as the police who live off the takings from this lucrative business. Anulawathi also suspects that the private van in which the police came to arrest her son belonged to one of these illicit liquor traders.

SUGGESTED ACTION:
Please write to the authorities below and demand that criminal proceedings be instituted against the responsible officers, and they be suspended from their duty in the meantime. Adequate compensation must also be provided to the victim.

Sample letter:

Dear______,

SRI LANKA: A young man tortured allegedly in revenge for his parent’s campaign against the illicit liquor trade

Name of victim: R.D. Kanishka Gayan, 21-years-old, unmarried; Occupation: mechanic; Address: Wewala, Horana.
Name of alleged perpetrators: Sergeant Rajapakse, PC Chandraratne and others from the Horana police
Date of incident: 5 January 2006

It has come to my attention that Kanishka Gayan was tortured by police officers from the Horana police station on 5 January 2006. I am gravely concerned by this incident.

The police raided the victim’s house and took him into custody without providing any arrest warrant or giving any reason for his detention. The victim spent one day in detention, where he claims he was tortured by some police officers, including Sergeant Rajapakse and Police Constable Chandraratne, from the Horana police station. On his release, the victim was taken to the Horana hospital where he was warded for several days. To date the victim has not been informed by the police as to whether he is suspected of having committing a crime. His parents however, claim that their son was detained and tortured as revenge for their recent campaign against the illicit liquor trade. That is, the traffickers as well as the police who live off the takings from this lucrative business wanted the family punished for their campaign activities. The victim’s mother also suspects that the private van in which the police came to arrest her son belonged to one of these illicit liquor traders.

In light of this, I write to you now seeking your urgent intervention to have the victim’s allegation of arbitrary detention and torture perpetrated by the policemen investigated thoroughly as stipulated in the Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka. The policemen involved must be suspended from their duty once the investigation commences. An inquiry should also be conducted into who instructed the police to detain the victim in the first instance.

I also urge the concerned government agencies in Sri Lanka to reimburse the victim of his medical expenses. Additionally, the victim must be placed in a rehabilitation programme for adequate medical and trauma treatment.

I would like to also remind the authorities in Sri Lanka of the many reported human rights violations at the Horana police station in recent months. Until authorities intervene in these matters and bring legal and disciplinary action against those police officers from the Horana police who believe it acceptable to illegally arrest, detain and torture suspects, then human rights violations by these persons will only continue.

Finally, I would like to remind the Sri Lankan government of the recent conclusions and recommendations of the Committee Against Torture submitted by the UN Office of the High Commissioner for Human Rights, in particular, the need for prompt and impartial investigations (article 12) and protection from intimidation and threats (article 15).
I look for your urgent attention in this matter.

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. 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 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk

6. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption
36, Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045

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-021-2006
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.