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SRI LANKA: Brutal and inhuman torture committed separately by the Matara and Hikkaduwa police

October 28, 2005

URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

28 October 2005
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UA-189-2005:  SRI LANKA: Brutal and inhuman torture committed separately by the Matara and Hikkaduwa police

SRI LANKA: Inhuman torture; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has just received information on two cases of inhuman police torture committed separately by the Matara police and Hikkaduwa police.  In the first case, Mr. Damith Vijitha Kumara, was arrested by the Matara police at his workplace along with his mother and sister.  He was stripped naked and inhumanly tortured and accused of possessing weapons, which he denies.  His sister and mother have been released on bail, but Damith Vijitha still remains remanded.    We are very concerned that if Damith Vijitha remains in the custody of the police he could be subjected to more brutal torture.

The second case concerns the inhuman torture of Prasad Madurganga (known as Chuti) by the Hikkaduwa Police.  Four policemen arrested Prasad and accused him of stealing cattle, which he denies stating that he was hired on the date when the cattle were missing which can be witnessed by several people.  The police ignored this and proceeded to brutally torture him; hitting his ears, his head and humiliating him by forcing him to crawl on the floor imitating cattle.  Upon release by the magistrates court, the victim was taken to hospital suffering from severe body pains, vomiting and extreme earache.  The victim maintains his statement that he has not committed any crime.

We call upon you to write to the relevant authorities requesting their intervention in these cases.  In particular we ask you to urge the Inspector General of Police to order a full and speedy investigation and a disciplinary inquiry into any persons found to have committed crimes against the victims and charges under the Convention against Torture Act should be laid against them.  While the investigation is in operation the perpetrators need to be suspended from service and full protection must be provided to the victim and his family.  Compensation needs to be granted to the victims for injuries suffered and medical treatment administered.  Finally, regarding the first case, please call for the immediate release of Damith Vijitha, who was falsely charged.  

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

CASE 1: Brutal torture by the Matara Police

Victims (All are of Midigama, Ahangama):
1. Mr. J.V. Damith Vijitha Kumara, security guard
2. Ms. VK Nandawathi, victim 1's mother  
3. Ms. JV Gayani Deepanjali (18), victim 1's sister
Alleged Perpetrators:
1. Police Headquarters Inspector (HQI)
2. Police Constable Pushpakumara
3. Other policemen attached to the Matara Police Station
Date of incident:  18 August 2005
 
At around 7:00pm on 18 August 2005, several policemen of the Matara Police Station arrested J.V. Damith Vijitha Kumara at his workplace and brought him to his house where they also took his mother and sister in custody. The police then began to inhumanly assault Damith Vijitha in front of his mother and sister. The policemen also stripped the victim during the torture. Damith Vijitha was accused of possessing weapons by the policemen but he denied the charges.

After that the victim, together with his mother and sister, was taken to the Matara Police station where he was again tortured with fists and poles by the police. Damith Vijitha has said that he was forcibly stripped naked even at the police station before being tortured. Later Damith Vijitha and his mother and sister were produced before the magistrates court where they were ordered to be remanded. Subsequently, the mother and sister were released on bail while Damith Vijitha remains remanded.

According to the victim's sister, when she met Police Constable Pushpakumara at the court house, he warned her not to reveal what had happened at the police station. He further threatened to harm Damith Vijitha and her father at home if she would do so.


CASE 2: Brutal torture by the Hikkaduwa Police

Name of the victim: M.V. Prasad Maduranga (known as Chuti), the vehicle driver by occupation, married with one child
Address of the victim: 22 Kahatagahawatte, Hikkaduwa, East Gonapinuwela, Sri Lanka
Alleged Perpetrators:
1. Sub Inspectors Mohotti, Mendis and Gunthilaka
2. Other police officers attached to the Hikkaduwa Police Station
Date of incident:  13-14 October 2005.
Place of incident: Hikkaduwa Police Station
 
At around 11:35pm on 13 October 2005, about four policemen arrived at M.V. Prasad Maduranga's house and asked for Chuti. As Prasad was also known as Chuti at home, he came forward. The policemen then arrested him and told his wife to come to the police station next morning.

The policemen held Prasad by his neck and dragged him to the road. They then accused him of stealing cattle and told him to tell where they were. They threatened to assault him mercilessly if he would not confess. Prasad insisted on his innocence saying that he was hired on the date when the cattle were missing and that there were several witnesses to prove his story. However, the policemen did not listen to him and started to brutally assault him with wooden planks, which they removed from a nearby fence.

Thereafter, Prasad was taken to the Hikkaduwa Police station where he was again forced to confess the theft. As he kept denying the charge, Sub Inspectors Mohotti and Gunathilaka tortured him with wooden poles. The victim pledged his innocence and begged them not to assault him but the assault continued unabated. After that, they put him in the lock-up.  
 
At about 7:00am on the next morning (October 14), Sub Inspector Mendis dragged Prasad out of the lock-up and hit him hard on both his ears and also hit his head with an iron rod. Another policeman joined in assaulting the victim. Then the police ordered the victim and two other detainees to tie their sarongs between their legs and forced them to crawl on the floor making noises similar to cattle, for about one hour. During this time, all the three were kicked and beaten by the policemen. Again Prasad was forced to confess, which he refused to do.

Prasad's brother visited the police station later that day but the police threatened him and chased him away. When the brother came to the police station again with his mother, Prasad told them everything that had happened to him. When the mother and brother requested the police not to torture the victim, Sub Inspector Gunathilaka allegedly replied, "If you give me 40,000 rupees (USD 393), we might be able to save him."
 
At about 11:00am on October 15, the victim and the two other detainees were put in the police jeep and taken to the Arachchikanda hospital. However as the Medical Officer of the Hospital (MOH) was not in the hospital, they were brought back to the police station. The victim suffered from severe body pains and vomited several times. At about 3:30pm of the same day, he was taken to the Galle Magistrate's Court where he was released on bail. However, Sub Inspector Gunathilaka allegedly threatened the victim saying, "As long as I am at the Hikkaduwa Police Station, I will never allow you to do any work."
 
On October 16, the victim again vomited several times and was taken to a private hospital, where he was adviced to go to the government hospital.  On October 18, he began to have severe earache and went to the Karapitiya hospital with his mother. He was examined by a Judicial Medical Officer (JMO) to whom he reported the details of the police torture. The victim maintains his statement that he has not committed any crime.

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Suggested letter:

Dear __________,

SRI LANKA: Two inhuman police torture committed separately by the Matara police and Hikkaduwa police

CASE 1: Brutal torture by the Matara Police

Victims (All are of Midigama, Ahangama):
1. Mr. J.V. Damith Vijitha Kumara, security guard
2. Ms. VK Nandawathi, victim 1's mother  
3. Ms. JV Gayani Deepanjali (18), victim 1's sister
Alleged Perpetrators:
1. Police Headquarters Inspector (HQI)
2. Police Constable Pushpakumara
3. Other policemen attached to the Matara Police Station
Date of incident:  18 August 2005

CASE 2: Brutal torture by the Hikkaduwa Police

Name of the victim: M.V. Prasad Maduranga (known as Chuti), the vehicle driver by occupation, married with one child
Address of the victim: 22 Kahatagahawatte, Hikkaduwa, East Gonapinuwela, Sri Lanka
Alleged Perpetrators:
1. Sub Inspectors Mohotti, Mendis and Gunthilaka
2. Other police officers attached to the Hikkaduwa Police Station
Date of incident:  13-14 October 2005.
Place of incident: Hikkaduwa Police Station

I am writing to voice my deep concern regarding the brutal and inhuman torture that was committed separately by the Mattara and Hikkaduwa police.  In the first case, on 18 August 2005, several policemen from the Matara Police arrested Mr Damith Vijitha Kumara at his workplace.   He was then taken to his house where they also arrested his mother and sister into custody.  The police then began to assault the victim with wooden planks, stripped him and accused him of possessing weapons, which he denied.  

They were taken to the Matara Police Station where again the victim was tortured, this time with fists and poles by the police.  Throughout this period, the victim testifies that he was forcibly naked.  Later, Damith Vijitha and his mother and sister were taken before a Magistrate court where they were ordered to be remanded.  Subsequently, the mother and sister were released on bail while the victim remains, to this day, in the custody of the police.  According to the victim's sister, when she met Police Constable Pushpakumara at the court house, he warned her not to reveal what had happened at the police station.  He further threatened to harm Damith Vijitha and her father at home if she did say anything.

The second case, equally as distressing, concerns the brutal torture of Prasad Madurganga (known as Chuti) by the Hikkaduwa Police.  On the 13 October, four policemen arrested Prasad and accused him of stealing cattle and they demanded he reveal the whereabouts of the stolen goods.  Prasad insisted his innocence and said that he was hired on the date when the cattle were missing which several people can be witness to.  The police ignored this and started to assault him with wooden planks.  At the Hikkaduwa Police Station, Prasad continued to plead his innocence yet the police persisted with their onslaught of torture this time with wooden poles.  At 7.00am the next morning, the victim was again tortured by the police via means of hitting his ears, his head with an iron rod and humiliating the victim through forcing him to crawl on the floor while making cattle noises.

The victim was visited by his brother and mother, they pleaded with the police to stop torturing him but the alleged reply given by Sub Inspector Gunathilaka was "If you give me 40,000 rupee (USD 393), we might be able to save him".  Upon release on bail by the Magistrates Court, the victim was taken to a private and then a government hospital suffering from severe body pains, vomiting and acute earache.  He was examined by a Judicial Medical Officer (JMO) to whom he reported the details of the police torture.  The victim maintains his statement that he has not committed any crime.

In light of the details in both cases, I urge you to intervene in these cases without delay.  You must order a full and speedy investigation into the conduct of both the Matara and Hikkaduwa police.  A disciplinary inquiry should be initiated and charges under the Convention against Torture (CAT) Act No. 22 of 1994 should be laid against any persons found to have committed crimes against the victims.  While the investigation is in operation the perpetrators need to be suspended from service to prevent any further abuses of their positions of power.  Full protection must be provided to the victim and their families during the investigation process.  Compensation needs to be granted to the victims for injuries suffered and to pay for medical treatment.  Finally, regarding the first case, I call for the immediate release of Damith Vijitha who was falsely charged.  

I trust that you will take action in these cases,

Yours sincerely,


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

PLEASE SEND COPIES TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421

2. Mr. Ranjith Abeysuriya
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax Home: +94 11 2 674148
E-mail: polcom@sltnet.lk

3. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
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. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk  or bradmanw@slt.lk

6. 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

7. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006

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


Document Type :
Urgent Appeal Case
Document ID :
UA-189-2005
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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.