Home / News / Urgent Appeals / SRI LANKA: Tortured to confess to a crime by the Katupotha police
 

SRI LANKA: Tortured to confess to a crime by the Katupotha police

April 25, 2006

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

Urgent Appeal
 
26 April 2006
------------------------------------------------------
UA-138-2006: SRI LANKA: Tortured to confess to a crime by the Katupotha police

SRI LANKA: Torture; threat and intimidation; arbitrary arrest and detention; collapse of rule of law
------------------------------------------------------
 
Dear friends,
 
The Asian Human Rights Commission (AHRC) writes to inform you of yet another torture case in Sri Lanka. On this occasion the victim was arbitrarily detained by the Katupotha police, who accused him of stealing jewellery and money. Though these were not found in the possession of the victim, the police proceeded to threaten and torture the victim into confessing to the crime of theft. The victim, however, maintained his innocence, which only infuriated the police further. It was not until two days later that the victim was finally released from police custody, carrying injuries from the torture inflicted upon him and minus Rs. 500 that was stolen by the police from his wallet. Following his release, the victim was hospitalised for one week to receive treatment for his injuries.

On 8 April 2006, at around 1am, Mr. Dharmasiri and his family went for a musical programme at the Colombogama School. About one hour later Mr. Dharmasiri went home to collect some clothes in a bag (because he wanted to go to Colombo the next day) and returned to the musical festival. On his return to the musical a policeman walked up to him and demanded to examine his bag.  About seven policemen followed. They escorted Mr Dharmasiri to the side of the road where he showed them the contents of his bag.

Then a policeman named Pushpakumara slapped him and told him to close his bag. He forced Mr. Dharmasiri into a police jeep nearby and took him to the Katupotha police station. At the station Pushpakumara told him, “get down, I will find the goods on you”. Then as Mr. Dharmasiri was climbing up the steps to the police station he viciously assaulted him with a club.

Inside the police station Pushpakumara and others began harassing and assaulting him. Several times they got him to empty the contents of his bag on the floor and then put them back again. It was at this time that Mr. Dharmasiri learnt that the reason for this was that he was suspected of stealing jewellery and money from a nearby home. Although he vehemently denied this accusation, they did not believe him.  Pushpakumara then grabbed him by his collar, raised him and pushed him down on the bare cement floor, where he says he slammed his spine on the floor—causing him severe pain. They then wanted to see his wallet. When Pushpakumara saw Rs. 500 inside, he demanded to know where he got the money from. Pushpakumara then took the money and promised to return it later. 

Once again Pushpakumara began slapping him into confessing to the theft. Mr. Dharmasiri was told that if he did not confess, he would be hung from the ceiling and mercilessly tortured. He was then assaulted and slapped for about 20 minutes before falling to the ground due to the force of the blows. He was told to stand up and he obeyed with the greatest of difficulty. However Pushpakumara then kicked him viciously on the right side of his chest. He then exclaimed aloud, “This devil won’t confess, no matter how hard I hit him. Now my arms are paining”. With that, Mr. Dhamasiri was locked inside a cell.

The police continued to threaten and harass him to confess to the theft. The following morning the police fingerprinted him and locked him up again. His family members also visited him and begged the police to release him, but they refused. Then, on April 10 at about 8.30pm they recorded his statement and told him to leave. He told Pushpakumara that his chest was hurting but the policeman merely told him to get some medicine.

Mr. Dharmasiri went home but as he suffered severe pains the entire night, he visited the Wariyapola hospital and was warded there for more than one week.


SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in bringing justice to this case. Of the utmost importance is 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 police did torture the victim in trying to get him to confess to the crime of theft, then full legal action must proceed against them.

Suggested letter:

Dear ______________,

SRI LANKA: Tortured to confess to a crime by the Katupotha police

Name of victim: E. P. Dharmasiri, 45 years old; married with 2 children; Occupation – Mason; Address – Kanaththeruwa, Kurunegala. 
Name of alleged perpetrators: Policeman Pushpakumara and others of the Katupotha police station
Date of incident: 8 to 10 April 2006

I write to inform you of yet another torture case in Sri Lanka. On this occasion the victim was arbitrarily detained by the Katupotha police, who accused him of stealing jewellery and money. Though these were not found in the possession of the victim, and the victim denied ever taking them, the police proceeded to threaten and torture the victim into confessing to the crime of theft. The victim, however, maintained his innocence, which only infuriated the police further. It was not until two days later that the victim was finally released from police custody, carrying injuries from the torture inflicted upon him and minus Rs. 500 that was stolen by the police from his wallet.

On 8 April 2006, at around 1am, Mr. Dharmasiri was stopped by approximately eight personnel from the Katupotha police who demanded to examine a bag, which was in the possession of the victim. After doing this a policeman named Pushpakumara slapped him and told him to close his bag. He forced Mr. Dharmasiri into a police jeep nearby and took him to the Katupotha police station.

Inside the police station Pushpakumara and others began harassing and assaulting him. Several times they got him to empty the contents of his bag on the floor and then put them back again. It was at this time that Mr. Dharmasiri learnt that the reason for this was that he was suspected of stealing jewellery and money from a nearby home. Although he vehemently denied this accusation, the police did not believe him.  Pushpakumara then grabbed him by his collar, raised him and pushed him down on the bare cement floor, where he says he slammed his spine on the floor—causing him severe pain. They then wanted to see his wallet. When Pushpakumara saw Rs. 500 inside, he demanded to know where he got the money from. Pushpakumara then took the money and promised to return it later. 

Once again Pushpakumara began slapping him into confessing to the theft. Mr. Dharmasiri was told that if he did not confess, he would be hung from the ceiling and mercilessly tortured. He was then assaulted and slapped for about 20 minutes before falling to the ground due to the force of the blows. He was told to stand up and he obeyed with the greatest of difficulty. However Pushpakumara then kicked him viciously on the right side of his chest before forcing him into a police cell.

The police continued to threaten and harass him into confessing to the theft. The following morning the police fingerprinted him and locked him up again. His family members also visited him and begged the police to release him, but they refused. Then, on April 10 at about 8.30pm they recorded his statement and told him to leave. The victim told Pushpakumara that his chest was hurting but the policeman merely told him to get some medicine.

Mr. Dharmasiri went home but as he suffered severe pains the entire night, he visited the Wariyapola hospital and was warded there for more than one week.

The number of torture cases from Sri Lanka in recent times is entirely unacceptable and requires urgent intervention. In this particular case, of utmost importance is 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 police did torture the victim in trying to get him to confess to the crime of theft, then full legal action must proceed against them; this involves complying to the provisions of the CAT Act.

Yours sincerely,

----------------
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-138-2006
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.