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SRI LANKA: Extra-Judicial Killing -- Allegedly by officers attached to Kalutara South police station

March 7, 2003

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br />
<br />
7 March 2003 <br />
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UA-12-2003: Extra-Judicial Killing -- Allegedly by officers attached to Kalutara South police station <br />
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SRI LANKA: Extra-judicial killing, impunity <br />
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This case is about Yoga Clement Benjamin alias \&quot;Rasa\&quot; (47), married with three children, a Catholic and a Tamil of Hillview Road, Pannila, Kalutara South in Sri Lanka. He was shot and killed by the police officers of the Kalutara South Police on 26 February 2003. <br />
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BACKGROUND INFORMATION <br />
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Until the month of April 2002, Yoga Clement Benjamin was in the habit of selling illicit alcohol during which time he had given bribes to a Sub-Inspector of Police (SI) Sunil Perera, and several others at the Kalutara South Police station and the officers of the Anti-Corruption Unit of the Kalutara Police Station. <br />
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He is one of the persons who had been in the business of selling illicit alcohol with the support of the police. In addition to the selling of illicit alcohol, he has had a farm with over 40 pigs and a garage to repair vehicles. <br />
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After abandoning the selling of illicit alcohol, he had starting selling vegetables at the Colombo Manin [Vegetable] Market. Even after abandoning the sale of illicit alcohol, the police had not stopped claiming the bribes from him. A number of officers including the Sub-Inspector Perera had been getting pork from him free of charge. <br />
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On a day in June 2002, the Sub-Inspector was alleged to have come to request the free supply of pork for a wedding and which Yoga Clement Benjamin turned down. Over this incident there had been an ill feeling developed against Yoga Clement Benjamin by the police. Following this incident Yoga had decided to sell his pig farm. <br />
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Consequent to this incident, he and his family have been receiving several death threats from the police. The conflict over the payments of the bribes had also continued for quite some time. <br />
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SOME OF THE RECENT EVENTS <br />
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On 5 February 2003, two police officers from the Kalutara South Police had come to collect bribes. When the bribe was refused Yoga Clement Benjamin was beaten by them. The two officers who were in plain clothes were then threatened by Yoga Clement Benjamin and were made to kneel before a statue that was in front of the house. <br />
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About 7:30pm of the same day, the Sub-Inspector Perera arrived at his house with a group of persons and threatened Yoga Clement Benjamin. At that occasion the Sub-Inspector called him a \&quot;Dhemalaa\&quot; (a derogatory form of calling a Tamil person) and told him that he will not be allowed to reside there and threatened him with revenge. <br />
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At 10:30pm the same day a group of about ten police officers in plain clothes with another Sub-Inspector arrived at Yoga Clement Benjamin's house. They carried with them swords and wooden poles and arrived in a Fargo van. They broke open the house and abused Yoga Clement Benjami's wife and the daughter in foul language, destroyed the furniture and took away a golden chain of two sovereigns. They also broke the glass of their wedding photo and took along the picture with them. On the same day, when the wife and the daughter of Yoga Clement Benjamin arrived at the police station to lodge a complaint to the Police Authority, they were scolded, refused to register the complaint and chased away. <br />
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On the 7 February 2003, the same group of police arrived at Yoga Clement Benjamin's home again at 2:30am and entered the house from the back door and threaten the household with death. At 9:30am in the morning a complaint was made to the National Human Rights Commission by the family of Yoga Clement Benjamin. <br />
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On the same day, at 2:30pm a big crowd from the police arrived at the house and destroyed all the furniture in the house. At 5:00pm, the police crowd found Yoga Clement Benjamin and hit him with a steel pole. The officer who hit him was then in plain clothes. At that moment, in an attempt to get Yoga Clement Benjamin released from the officer in plain clothes, his son got beaten. This fight resulted in a hand of the officer being broken. When about 40 police officers approached Yoga Clement Benjamin and his family, they fled. <br />
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On 9 February 2003 Yoga Clement Benjamin and his family went with Mr. Ninda Mapalagama Godagama, attached to Galle Courts and make a complaint to the Inspector General of Police (IGP). <br />
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On 19 February 2003 Yoga Clement Benjamin's son was arrested and detained at the Kalutara South Police on a false charges. <br />
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On 21 February 2003 a statement is recorded from him at the Kalutara police authority on the request made by the IGP on 20 February. <br />
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On 22 February 2003 Yoga Clement Benjamin got involved in a land dispute with a neighbour and the neighbour went to the Kalutara South Police Station to lodge a complaint. After that about 4:30pm, the police arrived at Yoga Clement Benjamin's house in the same van of the neighbour. Besides, a police jeep and some vehicles arrived at the scene. On the same day Yoga Clement Benjamin's motorcycle bearing the number 120-5254 was taken away by the police. It is still kept at the Kalutara police station. Once the vehicles had left the scene, the neighbour had scolded Yoga Clement Benjamin and called him out. When he went out, the police personnel who were hiding in the neighbour's house came out and shot at him using a firearm. He escaped unhurt. His son was also shot at. After this incident the police had frequented Yoga Clement Benjamin's house and attempted to arrest him. The police had also searched the neighbouring houses. <br />
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On 26 February 2003 he was shot by the police while walking on the road. The explanation has been that the police shot in \&quot;self defense.\&quot; This explanation is totally unacceptable since Yoga Clement Benjamin was unarmed. He has never used a gun. Apparently the pistol of the type \&quot;galkatas\&quot; [a locally made firearm] was placed by the side of the deceased. <br />
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It is clear from the chronology of above events that it is a planned extra-judicial killing. Yoga had been killed because of his constant denial to give bribes and provide facilities to corrupt officers. The matter requires immediate, thorough and independent investigation. The officials from Kalutara South Police have already begun to threaten those who might have some information about this incident. <br />
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SUGGESTED ACTION <br />
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Write to the Prime Minister, Attorney General, Inspector General of Police and Chairman of National Police Commission expressing your concern on extra-judicial killing of Yoga Clement Benjamin by officers attached to Kalutara South Police Station, and urging the authorities to take actions to deal with the matter according to law. <br />
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SAMPLE LETTER <br />
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Dear <br />
<br />
I would like to draw your attention to the case of Yoga Clement Benjamin alias \&quot;Rasa\&quot;, aged 47 years, married with three children, a Tamil citizen; address: Hillview Road, Pannila, Kalutara South. He was shot and killed by the police officers of the Kalutara South Police on 26 February 2003. <br />
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The details of this extra-judicial killing are frightening and horrific. Prior to the killing police in a few occasions harassed and assaulted Mr. Yoga Clement Benjamin and his family members. The police have also unlawfully broken into his house, have destroyed property and unlawfully confiscated belongings of Mr. Yoga Clement Benjamin. Given the frequency and use of most cruel forms of torture and extra-judicial killing by the police, Sri Lankan police has not only acquired a name in its barbaric actions, but is making the impression that the government is failing to comply with the constitutional guarantees of rights to the people of Sri Lanka. For prevalence of \&quot;rule of law\&quot; and effective functioning of institutions of administration of justice a thorough, open and independent investigate into this matter is necessary and perpetrators be brought to justice. Sheer barbarity of the act and alleged involvement of a large number of officers is shocking. I urge that the matter is dealt with according to law immediately. <br />
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Sincerely yours, <br />
<br />
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PLEASE SEND YOUR LETTERS TO: <br />
<br />
1. His Excellency <br />
Mr. Ranil Wickremasinghe <br />
Prime Minister of Sri Lanka <br />
Cambridge Place, Colombo 7 <br />
Sri Lanka <br />
Fax: +941 682905 <br />
SALUTATION: Honorable Prime Minister <br />
<br />
2. Hon. Mr. K C Kamalasabesan <br />
Attorney General <br />
AG's Department, Colombo 12 <br />
Sri Lanka <br />
Fax: +941 436421 <br />
SALUTATION: Dear Attorney General <br />
<br />
3. Mr. Ranjith Abeysuriya PC <br />
Chairman, National Police Commission <br />
No. 4 Shavasthi Palace, Colombo 7 <br />
Sri Lanka <br />
Fax: +941 674148 <br />
SALUTATION: Dear Commissioner <br />
<br />
4. Mr. T. E. Anandrajah <br />
Inspector General of Police (IGP) <br />
New Secretariat <br />
Colombo 1, <br />
SRI LANKA <br />
Fax: +94 1 446174 <br />
SALUTATION: Dear Inspector General of Police <br />
<br />
<br />
<br />
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*** Please send a copy of your letter to AHRC Urgent Appeals: <br />
Email: &lt;ua@ahrchk.org&gt; <br />
Fax: +(852) - 26986367 <br />
<br />
Please contact the Urgent Appeals coordinator if you require more <br />
information or wish to report human rights violations. <br />
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AHRC Urgent Appeals Programme <br />
Asian Human Rights Commission <br />
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16 - 16B Argyle Street, Kowloon, HONGKONG <br />
Tel: +(852) - 2698-6339 <br />
Fax: +(852) - 2698-6367 <br />
E-mail: ua@ahrchk.org <br />
<br />
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further information or to make requests for further appeals. <br />
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Document Type :
Urgent Appeal Case
Document ID :
UA-12-2003
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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.