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SRI LANKA: Immediate treatment and medicines required for a torture victim presently detained at the Kalutara remand prison

January 12, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

12 January 2006
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UA-022-2005: SRI LANKA: Immediate treatment and medicines required for a torture victim presently detained at the Kalutara remand prison

SRI LANKA: Torture; Prison conditions; Government inaction; Denial of medical treatment
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of yet another case of brutal torture of a man, D.A. Gayan Rasika (24), by the Welipenna police following his arrest on 7 January 2006.  While in police custody, his relatives reported to the Human Rights Commission of Sri Lanka (HRC) “torture hotline” seeking their intervention. However, the person whom the family talked to told them to let their lawyer inform the Court of the torture incident once he is produced before the Magistrate.

It is reported that the victim is suffering from medical ailments and is being denied medical treatment and medicines by prison authorities at the Kalutara where he is presently detained. He has been taking regular medication for this prior to his being sent to prison.

The AHRC is deeply concerned by the prison authorities’ inadequate action to have the victim adequately treated and provided with sufficient medicines. The authority’s failure to ensure the victim’s physical recovery and regular health care is totally unacceptable. Additionally, the HRC’s inadequate response to this case is appalling.

Your immediate intervention is required to request the police and prison authorities to have the victim treated and provided with sufficient medicines. The Special Investigations Unit (SIU) must initiate an inquiry and place the policemen involved at the Welipenna police under investigation. Once the investigation commences, the policemen must be suspended from their duty to prevent them from influencing the inquiry.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: D.A. Gayan Rasika (24), married, a resident of Kalavila, Beruwela. He is presently detained at the Kalutara remand prison.
Alleged perpetrators: Two policemen attached to the Welipenna police station and personnel at the Kalutara prison
Date of the incident: 7 January 2006

Case details:

On 7 January 2006, at about 3:15am two policemen attached to the Welipenna police station arrested D.A. Gayan Rasika at his house and took him to the police station where he was allegedly brutally tortured. When he was visited by his mother that evening, the victim was bleeding from his nose and mouth. He had severe injuries all over his body and could not even stand on his feet. The victim informed his mother about the torture committed against him despite having great difficulty in speaking.

Fearing for Gayan Rasika’s safety, his parents informed the Human Rights Commission’s ‘Torture Hotline’ about the arrest, illegal detention and torture of their son. Instead of being reassured that their son’s case would be investigated into, the parents were told to wait until their son was produced before the Magistrate and have his lawyer inform the Court regarding the complaint of torture. It was later learned that the victim was produced before the Matugama Magistrate that same day and was remanded to the Kalutara remand prison.

On January 8, the victim’s parents and his wife visited the victim where he was remanded. They were horrified to see the severe injuries all over the victim’s body. He could not walk and had to be assisted by prison officers. The prison officers told the victim’s relatives of the police brutality and torture. It is reported that the victim was suspended from the ceiling and assaulted all over his body. As a result, he was in immense pain.

Although the prison authorities are providing the victim with some medicine, he has not been taken to the prison hospital for adequate medical treatment. The victim a has history of suffering from severe headaches and epilepsy fits. He has been taking regular medication for this prior to his being sent to prison. His family is deeply concerned that in the absence of medicines, the victim might suffer a relapse of his ailments. The family said the prison authorities must immediately treat Gayan Rasika for his injuries and provide him sufficient medicines for his regular health issues.

SUGGESTED ACTION:

Please send letters to the relevant authorities listed below requesting them to take appropriate action regarding D.A. Gayan Rasika’s case. The prison authorities must ensure that Gayan Rasika is adequately treated for his injuries. They must also provide sufficient medicines for his health problems.

Suggested letter:

Dear _________,

Re: SRI LANKA: Immediate treatment and sufficient medicines required for a torture victim presently detained at the Kalutara remand prison

Name of the victim: D.A. Gayan Rasika (24), married, a resident of Kalavila, Beruwela. He is presently detained at the Kalutara remand prison.
Alleged perpetrators: Two policemen attached to the Welipenna police station and personnel at Kalutara prison
Date of the incident: 7 January 2006

I am writing to draw your attention to the case of a torture victim, D.A. Gayan Rasika, who is presently detained at the Kalutara remand prison. I have learned that following his arrest, he has not been treated for injuries following the brutal torture committed against him by Welipenna police on 7 January 2006. Although the prison officials are giving him medicines for the injuries he sustained, they are not providing him his regular medication, which he takes for epilepsy and severe headaches.

I am deeply concerned by the Government’s inaction, in particular the prison authorities, to have the victim treated properly to ensure his full physical recovery. Even though the prison officials are aware of the victim’s urgent need for treatment and sufficient medication, their response has completely fallen short of what is required. Such action is a complete disregard to the recommendations of the UN Committee against Torture to the Sri Lankan government in November 2005.

Additionally, I am disappointed by the inadequate action of the Human Rights Commission of Sri Lanka in responding to cases of torture that are being reported to them through their “torture hotline”. I have learned that in Gayan Rasika’s case, the HRC advised the victim’s family to request their lawyer to bring the matter up once in court. Such failure to intervene is highly unacceptable and makes a mockery of the torture hotline system.

I urge your intervention to ensure that the Special Investigations Unit (SIU) properly investigates the victim’s allegations of torture against the policemen attached to the Welipenna police station without delay. Once the investigation commences, the policemen involved must be suspended from their duty to ensure impartiality of the inquiry. If the allegations are proven to be true, appropriate charges must be laid against them in accordance with the Convention against Torture Act of Sri Lanka.

Finally, I urge the concerned agencies in Sri Lanka to ensure that the concluding observations and recommendation by the UN Committee are effectively and adequately complied with. Relevant to this is the need ‘to ensure prompt and impartial investigations’, ‘rehabilitation for the victims of torture’ and ‘review of the all places of detention’.

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 / +94 11 2446657 (this is contact for Secretary to President) 
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-022-2005
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.