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SRI LANKA: Alleged illegal detention and torture of a man by officers at Kuruwita Police

October 11, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

12 October 2004
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UA-135-2004: SRI LANKA: Alleged illegal detention and torture of a man by officers at  Kuruwita Police

SRI LANKA: Illegal arrest and torture; Fabrication of charges
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Dear friends,
 
The Asian Human Rights Commission (AHRC) has received information of the alleged torture of Mr. Ranawaka Arachchige Hemasiri (40) by Police Constable Sunil and another police constable (who can be identified if seen again) at the the Kuruwita Police Station on 19 September 2004. Due to the brutal torture inflicted upon the victim by PC Sunil and the other officer, the victim was hospitalised for a period of nine days. 

Officers involved in the case informed the victim that an arrest warranted had been issued against him.  No such warrant was every produced however, suggesting that the victim was illegally arrested and detained. 

It is alleged that the victim was prosecuted on false charges, as police are said to have fabricated that the victim was in possession of 6 bottles of illicit liquor. Though the victim acknowledges his previous involvement in illegal liquor sales, he has confirmed that he is no longer in this business.  In past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. The illicit liquor business is often of great benefit to police officers, as such business can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra-income.

The AHRC calls for your urgent intervention into this case. Please send a letter to the Sri Lankan authorities and urge them to immediately inquire into this case. Please also request them to take legal/disciplinary action against the police officers that are responsible for the torture and fabrication of charges against the victim.  An inquiry should also be established towards the Ratnapura Magistrate for his negligence in remanding a person who had not even appeared before him.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Ranawaka Arachchige Hemasiri; 40 years old; casual laborer, married with four children
Alleged perpetrators: 1) PC Sunil (R 62071) of Kuruwita Police Station, 2) Police constable attached to the same police station who can be identified by the victim, 3) Officer in Charge (O.I.C.) of the Kuruwita police station
Period of illegal detention and torture: 19-20 September 2004
Place of incident: Kuruwita Police Station

Case details: (Based on the account of the victim)

On the night of September 19, 2004, officers from the Kuruwita Police Station took Ranawaka Arachchige Hemasiri into custody, where he was told that a warrant had been issued for his arrest. No such warrant was every produced however, suggesting that the victim was illegally arrested and detained. 

R.A. Hemasiri believes he was prosecuted on false charges, as police are said to have fabricated that he was in possession of 6 bottles of illicit liquor. Though R.A. Hemasiri acknowledges his previous involvement in illegal liquor sales, he has confirmed that he is no longer in this business.  In the past the AHRC has reported several cases in which former illicit liquor sellers, who gave up such a business, were punished by police officers. The illicit liquor business is often of great benefit to police officers, as such business can only be carried out by paying bribes to the police. When the sellers of liquor give up their business, some police officers lose a source of extra-income.

At 2:10am on the morning of 20 September 2004, whilst R.A. Hemasiri was still in custody, PC Sunil (R 62071), requested his attention.  When he did not respond, another PC put his hands through the iron bars of the cell, and dragged R.A. Hemasiri forward.  R.A. Hemasiri told this PC that he did not believe that an arrest warrant had been issued against him, and that he was not in possession of illicit liquor, as the police alleged.  In response, PC Sunil scolded R.A. Hemasiri and warned him that the police can fabricate charges in situations such as this.

At this point, PC Sunil asked the other constable to hold R.A. Hemasiri.  PC Sunil then proceeded to beat him extremely hard in the lower part of the abdomen, using a broomstick as his weapon.  After four or five beatings, R.A. Hemasiri fell to the floor in pain.  PC Sunil, upon seeing the extent of the injuries he had inflicted, asked for the cell to be opened.  The Reserve Police Constable in charge of the cell keys, however, refused this request and therefore the cell remained locked.  Despite cries for help by R.A. Hemasiri throughout the night, no medical assistance was provided.

When R.A. Hemasiri's wife went to the police station on the morning of September 20, the victim informed her that the police had tortured him.  On the same day, at approximately 1:30pm, O.I.C Kapila Abeynayake arrived at the station.  R.A. Hemasiri notified the O.I.C of the torture and told him that his condition was serious.  The O.I.C then removed the victim from his cell, and asked a WPC (woman police constable) to record his full statement.  R.A. Hemasiri signed this statement, though he did not directly write it, nor was he allowed to read its contents.

Later that afternoon, at approximately 4:00pm, the police took R.A. Hemasiri to the Ratnapura General Hospital, where he was taken to ward number 6.  R.A. Hemasiri told the doctor, who examined him, that the police had tortured him the previous night.  A police constable was present throughout this entire process. 

At this point of the proceedings, the Ratnapura Magistrate remanded R.A. Hemasiri in custody, despite the victim having never been presented before him.  Following this action, and at approximately 7:00pm on the same evening (September 20), a prison officer took charge of the victim whereupon he chained one of the victim's legs to the bed. 

By September 21, R.A. Hemasiri could not pass urine, and therefore a catheter had to be inserted.  He remained in this state until September 24.  On September 24, R.A. Hemasiri was taken to Kuruwita prison.  Upon arrival, and on the instructions of the prison doctor, he was then transferred to Welikade Prison Hospital, where he received treatment until September 29.  On the morning of September 30, R.A. Hemasiri was taken to Ratnapura Magistrate Court.  A lawyer who appeared on behalf of R.A. Hemasiri demanded a fee of Rs. 1000 from the victim's wife.  Once in court, the lawyer entered a guilty plea, despite not having received instructions by the victim, nor his wife, to do so.  R.A. Hemasiri was found guilty of his charge, and fined Rs. 11,000.  R.A. Hemasiri paid Rs. 5,000 of this fine, and was released on condition that the balance be paid at a later date.    

Apart from the police torture and the illegal detention of R.A. Hemasiri, based on fabricated charges, the Ratnapura Magistration remanded the victim without even having seen him.  Additionally, the victim's lawyer did not inform the court that the victim had been brutally tortured by police officers whilst in custody.  Furthermore, the lawyer told the court that the victim was pleading guilty, despite having received no instructions to do so. 

The AHRC is deeply concerned by this alleged brutal torture of R.A. Hemasiri by Police Constable Sunil and another police constable (who can be identified if seen again) at the Kuruwita Police Station. Even if there were any particular valid charges against the victim, the Kuruwita police should have investigated the case according to due process instructed by law. However, the police used their common method of brutality to harass R.A. Hemasiri instead.

In light of the above, the AHRC strongly requests the government of Sri Lanka to order an immediate and impartial investigation into this case. The policemen who are responsible for the torture of Mr. Hemasiri must be prosecuted and brought to justice. Likewise, the O.I.C should be investigated for his apparent failure to properly report the victim's allegations of torture by his officers.  The magistrate who remanded Mr Hemasiri in custody, despite the victim having never appeared before him, should also be questioned regarding this matter. 


SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and urge them to take immediate legal/disciplinary action against the alleged perpetrators who are responsible for this serious case.

Sample letter:

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Dear Sir,

Re: SRI LANKA: Alleged illegal detention and torture of a man by the Kuruwita police

Name of the victim: Ranawaka Arachchige Hemasiri; 40 years old; casual laborer, married with four children
Alleged perpetrators: 1) PC Sunil (R 62071) of Kuruwita Police Station, 2) Police constable attached to the same police station who can be identified by the victim, 3) Officer in Charge (O.I.C.) of the Kuruwita police station
Period of illegal detention and torture: 19-20 September 2004
Place of incident: Kuruwita Police Station
 
I am writing to you concerning the case of the illegal detention and torture of Ranawaka Arachchige Hemasiri by the Kuruwita Police.

On 19 September 2004, R.A. Hemasiri was taken into custody by officers from Kuruwita Police Station.  Upon arrival at the station, Mr Hemasiri was informed that an arrest warrant had been issued against him, though there was no evidence to support this allegation.  Despite this, and the subsequent allegations of the police fabricating the victim's charges of liquor possession, the police detained R.A. Hemasiri and placed him in a cell.  At 2.10am on the same night of apparent "arrest", R.A. Hemasiri was severely tortured by PC Sunil and another officer at the Kuruwita Police Station.  The injuries R.A. Hemasiri sustained were so serious, that he required hospitalisation for a period of nine days, in order to receive the necessary medical treatment.

This case reminds me of several other cases in Sri Lanka where similar arbitrary arrest, detention and torture have taken place for a long time. During the last few months, I have also been informed of several other cases of torture against innocent civilians by Sri Lankan police officers. Unfortunately, laws such as the CAT Act No 22 of 1994, which makes torture a crime punishable with serious consequences, remain only in the books and the practice of torture continues with impunity throughout Sri Lanka. It is high time that the government of Sri Lanka deals with the endemic torture and careless arrest and detention taking place all over the country.

I strongly urge you to order an immediate and impartial inquiry into this case and file action against those officers who tortured R.A. Hemasiri, under the Convention Against Torture (CAT) Act.  Similarly, the O.I.C should be investigated for his apparent failure to properly report the victim's allegations of torture by his officers.  The alleged perpetrators should be suspended from service while the investigation is going on. I also request you to take legal/disciplinary action against the Magistrate and lawyer involved in this case, for their negligence in failing to follow proper procedures regarding their role in this matter. The victim must be exonerated from charges made against him and be paid compensation for his illegal detention and torture.

Yours sincerely,

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Send a letter to:

1. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

5. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

7. Mr. Leandro Despouy
Special Representative on the Independence of judges and lawyers
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9175727
Fax: +41 22 9179006


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-135-2004
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.