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SRI LANKA: Torture and fabricated charges laid against a man by the Ja-Ela police

April 25, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
 
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal
 
26 April 2006
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UA-137-2006: SRI LANKA: Torture and fabricated charges laid against a man by the Ja-Ela police
 
SRI LANKA: Torture; threat and intimidation; fabricated charges; arbitrary arrest and detention; collapse of rule of law
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Dear friends,
 
The Asian Human Rights Commission (AHRC) writes to inform you about a man who was tortured by the police and who is now currently languishing in prison after having had fabricated charges laid against him. Kariyawasam Peradorapage Tsuitha Ejith was first stopped by the Ja-Ela police on 10 October 2005, for alleged traffic offenses. After the victim refused to admit to any offense, a scuffle ensued resulting in the victim pushing a police officer over. As a result, the victim fled and went into hiding. When the victim’s whereabouts became known on 23 February 2006, members from the Ja-Ela police went after him and upon finding him, proceeded to torture him. Threats were then made against both the victim and his wife if they dared inform any authority about the torture. The victim was finally produced in the Magistrates Court, without legal support, and charged with assault of a police officer and bomb possession, at which point bail was denied.

On 10 October 2005, the victim, Ejith, was driving along in his vehicle (JW 3933) when stopped at about 5pm by a Police Constable from the Ja-Ela police. The Constable verbally abused the victim and accused him of having violated traffic regulations. The Constable then assaulted the victim, causing a cut on the victim’s face. When the Constable once again approached the victim, and with the victim believing that the Constable would strike him again, the victim pushed against the Constable who subsequently fell to the ground. Fearing for his safety the victim then fled the scene, informed his wife of what had happened, and went into hiding. When the police went looking for the victim at his home, they threatened to kill him once they located his whereabouts.

On 23 February 2006, the victim was apprehended when he was spotted at a garage and this was informed to the police. Police personnel from the Ja-Ela police station went to the garage and proceeded to torture the victim with sticks and clubs. In fact he was tortured to such an extent that he could no longer walk.

When the victim’s wife learnt of her husband’s arrest, she immediately went to the police station to meet with him. However, the police denied having ever arrested her husband. Later they admitted to having arrested him but informed her that they would kill him. She was also threatened that if she told anyone of this incident, there would be repercussions. Likewise, the police also informed the victim that if he informed anyone of his case, they would lay fabricated bomb possession charges against him. Therefore, when the victim was taken to a hospital to receive treatment, he remained silent about the treatment meted out to him. He was not, however, produced before a Judicial Medical Officer (JMO) and therefore no medical report was made of his injuries.

The following day the victim’s wife lodged a complaint with the Human Rights Commission of Sri Lanka. When she informed this fact to the police they stated that they did not care, that they were not afraid, and if staff from the HRC approached them, they would kill them too.

Meanwhile, the victim was detained overnight and forced to sign a statement he did not read. He was produced the following day in the Magistrates Court where he was charged with assaulting the Police Constable with an iron rod (which he in fact did not have) and bomb possession. As the latter charge is a non-bailable offense, the victim was not provided legal support and he was remanded in custody and sent to prison. Upon arriving at prison, he was taken to the prison hospital where he received treatment for his injuries for six days.

As a result of the victim’s detention, and subsequent loss of income, his wife and 18-month-old son are now struggling to survive.

SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in this case. It is imperative that an immediate investigation be launched into this case, and that those police officers allegedly involved in it, are suspended from their duties while enquiries are underway. If it is established that the charges were fabricated, the victim must be released from prison immediately, provided full protection, and afforded full compensation for the injuries and ordeal he has suffered. Legal action must then proceed against any persons alleged to have committed crimes against the victim.

Suggested letter:

Dear ______________,

SRI LANKA: Torture and fabricated charges laid against a man by the Ja-Ela police

Name of the victim: Kariyawasam Peradorapage Tsuitha Ejith
Name of the alleged perpetrator: A Police Constable and other police personnel from the Ja-Ela police station
Date of incident: 10 October 2005 and 23 February 2006

I write with disgust at yet another case of torture and the issuing of fabricated charges against a man by police personnel in Sri Lanka. Kariyawasam Peradorapage Tsuitha Ejith was first stopped by the Ja-Ela police on 10 October 2005, for alleged traffic offenses. After the victim refused to admit to any offense, a scuffle ensued resulting in the victim pushing a police officer over, after fearing that he would be struck by the police constable a second time. As a result, the victim fled and went into hiding. When the victim’s whereabouts became known on 23 February 2006, members from the Ja-Ela police went after him and upon finding him, proceeded to torture him.

After taking him into custody, the police informed the victim and his wife that they would be killed if they dared report the matter to any authority. Despite the risk, the victim’s wife approached the Human Rights Commission of Sri Lanka (HRC) and lodged a complaint. When she informed this fact to the police they stated that they did not care, that they were not afraid, and if staff from the HRC approached them, they would kill them too.

The victim was finally produced in the Magistrates Court, without legal support, and charged with assault of a police officer and bomb possession, at which point bail was denied. He currently remains languishing in prison.

Not only has justice been denied to the victim, but as a result of his detention, and subsequent loss of income, his wife and 18-month-old son are now struggling to survive.

It is imperative that an immediate investigation be launched into this case, and that those police officers allegedly involved in it, are suspended from their duties while enquiries are underway. If it is established that the charges were fabricated, the victim must be released from prison immediately, provided full protection, and afforded full compensation for the injuries and ordeal he has suffered. Legal action must then proceed against any persons alleged to have committed crimes against the victim.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

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

3. 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 

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

6. 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
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-137-2006
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.