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SRI LANKA: Victim dies after being held in police custody in Meegaswela, Koswatte

October 31, 2005

URGENT ACTIION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

31 October 2005
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UA-191-2005: SRI LANKA: Victim dies after being held in police custody in Meegaswela, Koswatte

SRI LANKA: Arbitrary arrest and detention; Alleged torture; Post-custodial death; Police misconduct; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of A.D. Lalantha Fernando who was illegally arrested and later died after being held in police custody on 10 October 2005 in Meegaswela, Koswatte. Lalantha was allegedly arrested by policemen attached to the Koswatte police station over complaints of a stolen necklace and a dispute between his relatives.

Reports disclosed that Lalantha was forcibly taken from his uncle's house by the policemen, one of whom was identified as Sub Inspector (SI) Nilanga Perera. When the victim’s family proceeded to the Koswatte police station to report the matter, the police refused to take a report and instead assigned two policemen to try and locate Lalantha. When Lalantha could not be located, the policemen and the family returned to the police station. On arrival S.I. Perera and some of his colleagues also appeared at the station; all of whom were allegedly drunk. S.I. Perera informed the family that they had dropped the victim off in Tunmodera and that they should go there if they wished to collect him. When the family – accompanied by S.I. Perera – arrived at Tunmodera, the victim’s body was soon produced. Though the police were attempting to show that the body was lying semi-conscious on the ground, witnesses maintain that the body in fact was produced from the back of the van that S.I. Perera had traveled there in. Lalantha was then placed in his family’s car who immediately took him to hospital owing to his semi-conscious state and the several injuries he had sustained. Lalantha remained in the National Hospital in Colombo for nine days before succumbing to his injuries and dying on October 19. A post-mortem report concluded that Lalantha died as a result of a blunt instrument force to his head, chest and kidneys.

We request your urgent action in asking the Inspector General of the Police to order the Special Investigations Unit to immediately commence its investigation into Lalantha’s case. Immediate sanctions should be imposed against all alleged perpetrators while the investigation is in progress. If it is found that the alleged perpetrators committed crimes against the victim, they must be indicted under the CAT Act No. 22 of 1994.

Should there be threats against the complainants in the course of seeking redress for grievances, appropriate protection must be afforded by the government to them. The government of Sri Lanka, in particular the National Human Rights Commission (NHRC) should also ensure that appropriate compensation is provided to the victim’s family if it is established that the police are guilty of the victim’s death.

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

Name of the victim: A.D. Lalantha Fernando (23), living in Meegaswela, Koswatte
Date and place of incident: 10 October 2005 in Meegaswela, Koswatte
Alleged perpetrators: Sub Inspector Nilanga Perera and other policemen attached to the Koswatte police station

Case details:

On the evening of 10 October 2005, A.D. Lalantha Fernando was forcibly taken from his uncle’s house by two policemen driving a white van (bearing the number 592158). Several of Lalantha’s relatives were present at the house at the time, and therefore witnessed Lalantha being taken by the policemen.

One of the policemen was identified as Sub Inspector (SI) Nilanga Perera.  As it sped off, the vehicle went in the direction of Koswatte.  The victim's relatives followed immediately after by taking another vehicle.  However, after a considerable search they lost trace of the vehicle and instead proceeded to the Koswatte Police Station to ask for help.

When they reported the incident at the police station, the policemen on duty did not record their complaint but instead assigned two policemen to help them locate the victim. The two officers went with the family to where the abduction took place and all present saw several traces of shoe prints on the ground in front of the victim's house. The two officers radioed through information to another line and then returned to the station, along with Lalantha’s family.

Shortly after the officers and victim’s family arrived back at the police station, S.I. Perera and several other officers also appeared.  It is alleged that they appeared to be drunk. S.I. Perera inquired as to why the family had come to the police station. When the family informed him that they were looking for Lalantha, he replied that someone may have taken him.  When the family insisted that the victim must be located, they were merely told to register a complaint.

As they were doing so, S.I. Perera is alleged to have said that the victim had been dropped off at a place in Tunmodera.  The family therefore immediately proceeded to Tunmodera, and was accompanied by S.I. Perera, who followed in a police van. On arrival at the area, the family was told by the police to dim their lights, apparently to avoid detection by other criminals present in the area. However, when they did so, suddenly the victim’s body appeared on the ground nearby; it would seem however, that the body actually came directly from the back of S.I. Perera’s police van and was not previously lying on the ground, as the police were trying to suggest.

Lalantha was only semi-conscious and had many injury marks to his body. There were also bloodstains across his shirt. He was placed by the police into his family’s car and was immediately taken to the Marawilla Hospital. He was then transferred to the National Hospital in Colombo where he was placed in the intensive care unit for treatment. 

On October 19, Lalantha died while being treated at the hospital.  The Judicial Medical Officer who conducted the post mortem informed the family that the victim had died due to attacks with a blunt instrument to his head, chest and kidneys.  Parts of the body had been sent to medical laboratory for examination.

Lalantha’s death has sparked strong protest amongst the local population and the media. Under heavy pressure S.I. Perera has been transferred out of his station pending enquiries.  The other policemen involved however, have not been charged or sanctioned and have continued to report for duty as per usual.

It was learned that prior to the incident, the family of the uncle of the victim reported to the Koswatte Police to complain about a stolen necklace and dispute over land.  It is alleged that S.I. Perera made an undue suggestion to one of the family members who had gone to the police station for the enquiry, who eventually complained against the Sub Inspector.

SUGGESTED ACTION:

Please write to the Inspector General of Police voicing the need to properly and independently investigate the death of Lalantha Fernando.

Suggested letter:
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Dear Mr. Fernando

SRI LANKA: Victim dies after being held in police custody in Meegaswela, Koswatte

Name of the victim: A.D. Lalantha Fernando (23), living in Meegaswela, Koswatte
Date and place of the incident: 10 October 2005 in Meegaswela, Koswatte.
Alleged perpetrators: Sub Inspector Nilanga Perera and other policemen attached to the Koswatte police station

I am appalled to learn of yet another alleged custodial death in Sri Lanka and the apparent impunity that Sri Lanka’s law enforcers enjoy.

According to the information I have received, A.D. Lalantha Fernando was illegally arrested and later died after being held in police custody on 10 October 2005 in Meegaswela, Koswatte. Lalantha was allegedly arrested by policemen attached to the Koswatte police station over complaints of a stolen necklace and a dispute between his relatives.

Reports disclosed that Lalantha was forcibly taken from his uncle's house by the policemen, one of whom was identified as Sub Inspector (S.I.) Nilanga Perera. When the victim’s family proceeded to the Koswatte Police Station to report the matter, the police refused to take a report and instead assigned two policemen to try and locate Lalantha. When Lalantha could not be located, the policemen and the family returned to the police station.

On arrival, S.I. Perera and some of his colleagues also appeared at the station; all of whom were allegedly drunk. S.I. Perera informed the family that they had dropped the victim off in Tunmodera and that they should go there if they wished to collect him. The family therefore immediately proceeded to Tunmodera, and was accompanied by S.I. Perera, who followed in a police van. On arrival at the area, the family was told by the police to dim their lights, apparently to avoid detection by other criminals present in the area. However, when they did so, suddenly the victim’s body appeared on the ground nearby; it would seem however, that the body actually came directly from the back of S.I. Perera’s police van and was not previously lying on the ground, as the police were trying to suggest.

Lalantha was only semi-conscious and had many injury marks to his body. There were also bloodstains across his shirt. He was placed by the police into his family’s car and was immediately taken to the Marawilla Hospital. He was then transferred to the National Hospital in Colombo where he was placed in the intensive care unit for treatment. 

On October 19, Lalantha died while being treated at the hospital.  The Judicial Medical Officer who conducted the post mortem informed the family that the victim had died as a result of a blunt instrument force to his head, chest and kidneys. 

Owing to the incredibly serious nature of these allegations, I urge you to order the Special Investigations Unit to immediately commence its investigation into Lalantha’s death. Immediate sanctions should be imposed against all alleged perpetrators while the investigation is in progress. If it is found that the alleged perpetrators committed crimes against the victim, they must be indicted under the CAT Act No. 22 of 1994.

Should there be threats against the complainants in the course of seeking redress for grievances, appropriate protection must be afforded by the government to them. The government of Sri Lanka, in particular the National Human Rights Commission (NHRC) should also ensure that appropriate compensation is provided to the victim’s family if it is established that the police are guilty of the victim’s death.

I also urge you, in your capacity as the Inspector General of Police, together with the Human Rights Commission of Sri Lanka and the National Police Commission to use this case as an occasion to lay down strict guidelines on the arrest of persons at night.  Many of the most gruesome acts of torture and extra-judicial killings in the past have happened due to the ease with which officers from local police stations can go and arrest people at any time of the day. 

Virtually, the obtaining of a warrant before arresting does not take place at all.  It is suggested that the arrest of a person during the night should be done only with the express authorisation of the Deputy General Inspector of Police or a senior superintendent. 

The issue of command responsibility from the Inspector General of Police down to all officers of any rank should be enforced if such types of senseless killings by police officers abusing their power are to be prevented.

Finally, the family of the victim has expressed their dissatisfaction with the current enquiry that is going on and human rights groups believe that there is an attempt to mislead this enquiry by the police. With this in mind, I trust your intervention will be forthcoming without delay.

Yours sincerely,

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PLEASE SEND LETTERS 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: jkt13@sltnet.lk or 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 (ATTENTION: Working Group on Arbitrary Detention)
Email: urgent-action@ohchr.org (Attention: Working Group on Arbitrary Detention)

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: urgent-action@ohchr.org (Attention: Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-191-2005
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.