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SRI LANKA: State police serving criminals and organized criminal gangs and NOT the people

October 17, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal
18 October 2004
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UA-140-2004: SRI LANKA:  Police inaction, failure of law and order, corruption and victimization of complainants to serve criminals rather than the justice system

SRI LANKA: A police paid to serve the criminals and NOT the people
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Dear friends

It has come to the attention of the Asian Human Rights Commission (AHRC) that the officers at Ja Ella police station Sri Lanka and their immediate superiors have failed to take any tangible action in spite of repeated complaints against local criminals. It has been reported that the criminals involved are those who are engaged in narcotic trade and bootlegging in the locality and have high influence with ruling and opposing political factions.

The inaction on the part of local police and their superior officers show the fathoms to which the country's policing has deteriorated adding burden to the already collapsed justice dispensation system in the country. In this case the police has not only deliberately failed to take any proper action to contain the absolute failure of law and order in the locality, but also has registered cases against the relatives of those who has complained as if to put pressure upon the complainants to settle the matter without further pursuing the issue.

The AHRC is deeply concerned about such state of affairs at Ja Ella police station. Please intervene into this case immediately. We also request you to send a letter to the local authorities demanding immediate inquiry into this case and also to ensure that the victims and their rights are protected.

Urgent Appeals Desk,
Asian Human Rights Commission (AHRC)
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Complainants/victims:

1.  Kudathanthrilage Priyantaha of address: No. 04, Ganga Mawatha, Kanuwana, Ja Ella, Gampaha, Sri Lanka
2. Vineetha Dayas Wickramanayake of No: 31, Perera Rd, Kanuwana, Ja Ella, Gampaha, Sri Lanka
3. Sellapperumage Priyani Fernando of No; 27 Ekala Ja Ella, Gampaha, Sri Lanka
4. Rajapaksha Bathgamdurayalage Shiyalatha Rupasinghe of No: 23, Abinawarama Rd, Ekala, Sri Lanka
5. Kudathanthreege Mangalika of No: 23 Abinawarama Rd, Ekala, Sri Lanka
6. Baba Akka (this is her name which is use by the people not exact name) of Abinawarama Rd, Ekala, Sri Lanka

Alleged perpetrators:

1. Officer in Charge - Ja Ella Police Station, Gampaha, Sri Lanka
2. Assistant Superintendent of Police, Paliyagoda, Sri lanka
3. Rohan
4. Podi Priyantha
5. Maskat Ajith
6. Sirimal
7. Joji Ayya
8. Suresh, s/o Joji Ayya
9. Cheena
10. Kalu Gamini
11. Dilshan and Tharanga, sons of Kalu Gamini
12. Nishoka
13. Asoka
14. Lakshman
15. Mangala
16. Kumara, son in law of Joji Ayya
17. The son of Sumith, who lives in Ja Ella Bunt.
18. Ukkiya, the son of the Montana junction meat shop owner.
19. Duminda
20. Nalin, son in law of Kalu Gamini
21. Gihan, son in law of the Dalsi Akka
(Perpetrators 3 to 21 are the miscreants named in the victims' complaint with the police and are from the locality)

Date of the incident: 11 October 2004 and continuously there on

Place of incident: Ja Ella, Gampaha, Sri Lanka (within the territorial limits of Ja Ella police station)

Case details:

On10 October 2004, there was an incident where two people of the same village who were apparently drunk, exchanged words with one individual, Makalandana Appuhamilage Samarasinghe. The two drunken men had also abused a girl who was working at communication in the Ekala Junction. Makalandana and his relatives attempted to explain that such behavior was undesirable, resulting in the two men assaulting Makalandana. Although some of his friends tried to settle the issue, there was some quarrelling.

After some time on the same day, a group of about 150-200 people came to the houses of Makalandana's relatives, assaulting them and destroying property worth more than 1.5 million rupees. The victims then made a complaint to the Ja Ella police station by telephone. Although the police visited the house and were shown the criminals who committed the assault, the police merely said that it was not wise to arrest them now as they are too much cruel. The police only recorded the statements of the victims but abstained from taking any further immediate action. The complainants went to the police station the next day (October 11) and filed written complaints as well, including the names of the perpetrators.

However, the police officers subsequently arrested three of Makalandana's relatives, all of whom are still being held in remand custody. The victims then also complained to the Paliyagoda ASP office, but the officers there did not even record their complaints. They did visit the area, following which, six perpetrators were arrested, who are also in remand custody. Several other suspected criminals who were also involved in these offences have not been arrested, and are currently living free in the village. They are:

1. Rohan
2. Podi Priyantha
3. Maskat Ajith
4. Sirimal
5. Joji Ayya
6. Suresh, s/o Joji Ayya
7. Cheena
8. Kalu Gamini
9. Dilshan and Tharanga, sons of Kalu Gamini
10. Nishoka
11. Asoka
12. Lakshman
13. Mangala
14. Kumara, son in law of Joji Ayya
15. The son of Sumith, who lives in Ja Ella Bunt. He had come with a large number of companions.
16. Ukkiya, the son of the Montana junction meat shop owner.
17. Duminda
18. Nalin, son in law of Kalu Gamini, he had come in a Toyota Diana vehicle, license no. 48-7008
19. Gihan, son in law of the Dalsi Akka.

These perpetrators have made death threats to the complainants, who have had to leave their homes and property, including their vehicles, for fear of being attacked. Even though they have made further complaints to the police on 16 October 2004 regarding the death threats, the police have taken no action, allowing the perpetrators to roam freely and terrorize the victims.

The manner in which the local police and their immediate superiors have reacted to this case shows the fathoms into which the policing in Sri Lanka have deteriorated. Better policing is one of the key elements required for proper justice dispensation in any country. In Sri Lanka policing is as mentioned above which indicates that anyone could buy the police as if a commodity in open market resulting in gross violation of human rights in the country. The fact that the police has not inquired into the case properly and has even arrested the complainants' relatives so as to pressure the complainants for a compromise would also amount to torture according to the UN Convention against Torture. The very fact that the police states that the criminals are too cruel to be arrested and letting the complainants to be at the mercy of such criminals and further registering cases against the relatives of the complainants show how the policing has failed to aid the justice dispensation system, but on the contrary aidding criminals and organized crime.

SUGGESTED ACTION:

Please send a letter, fax, or an email to the addresses below and express your concern about this case.
Sample letter:

Dear Sir,

Re: Police inaction, failure of law and order, corruption and victimization for complainants to serve criminals rather than the justice system at Ja Ella Police station, Sri Lanka.

I am shocked to know about the state of affairs of policing at the Ja Ella police station in Sri Lanka. I came to know that On10 October 2004, there was an incident where two people of the same village who were apparently drunk, exchanged words with one individual, Makalandana Appuhamilage Samarasinghe. The two drunken men had also abused a girl who was working at communication in the Ekala Junction. Makalandana and his relatives attempted to explain that such behavior was undesirable, resulting in the two men assaulting Makalandana. Although some of his friends tried to settling the issue, there was some quarrelling.

After some time on the same day, a group of about 150-200 people came to the houses of Makalandana's relatives, assaulting them and destroying property worth more than 1.5 million rupees. The victims then made a complaint to the Ja Ella police station by telephone. Although the police visited the house and were shown the criminals who committed the assault, the police merely said that it was not wise to arrest them now as they are too much cruel. The police simply recorded the statements of the victims. The complainants went to the police station the next day (October 11) and filed written complaints as well, including the names of the perpetrators.

However, the police officers subsequently arrested three of Makalandana's relatives, all of whom are still being held in remand custody. The victims then also complained to the Paliyagoda ASP office, but the officers there did not record their complaints. They did visit the area, following which, six perpetrators were arrested, who are also in remand custody. Several other suspected criminals who were also involved in these offences have not been arrested, and are currently living free in the village.

The manner in which the local police and their immediate superiors have reacted to this case shows the fathoms into which the policing in Sri Lanka have deteriorated. Better policing is one of the key elements required for proper justice dispensation in any country. In Sri Lanka if policing is as mentioned above indicates that anyone could buy the police as if a commodity in open market resulting in gross violation of human rights in the country. The very fact that the police states that the criminals are too cruel to be arrested and letting the complainants to be at the mercy of such criminals and further registering cases against the relatives of the complainants show how the policing has failed to aid the justice dispensation system, but on the contrary adding criminals and organized crime.

Hence I call upon you to take immediate action in this regard through your office so that the criminals mentioned above are immediately apprehended and that the actions of the defaulting officers of the concerned police station are immediately inquired into and the officers are punished according to law. I also urge you to take immediate action so that the case is immediately dealt with and that the complaints lodged at the police station on 10/10/2004, 11/10/2004 and 16/10/2004 against the anti social elements are immediately inquired and the miscreants apprehended. I further urge you to take immediate action so that the complainants who were bold enough to lodge a formal complaint at the police station are given adequate security and protection so that their life and property is no more at risk.

Thanking you

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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. 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

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

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


Thank you
The Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-140-2004
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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.