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SRI LANKA: Cases of torture and extra-judicial killings

June 18, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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19 June 2001 <br>
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UA-20-2001 <br>
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SRI LANKA: Cases of torture and extra-judicial killings <br>
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The Asian Human Rights Commission brings to your notice the following 3 cases of torture and extra-judicial killings, committed by the police in Sri Lanka. These 3 cases demonstrates blatant violations of right to be protected from torture and other cruel, inhuman or degrading punishment. In the international law, torture is considered one of the gravest crimes. However, torture by the law enforcement officers in Sri Lanka is rampant. <br>
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On June 26, on the UN international day in support of victims of torture, AHRC appeal to you to draw your attention to the gravest crimes like following cases and to join the campaign to stop torture in the world as well as in Asia. <br>
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CASES <br>
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1. Death As Result of Torture <br>
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Name: W. Sujeewa Priyadarshana (31) <br>
Tortured by: Officers and personnel of Thebuwana Police <br>
Date of Death: 30-01-2001 while in remand custody <br>
Action so far: No inquiry; No arrests <br>
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2. Tortured to Death <br>
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Victim: Mullakandage Lasantha Jagath Kumara (23) <br>
Tortured by: Officers and personnel of Payagala Police <br>
Date of death: 20-06-2000 <br>
Action so far: No one arrested yet. <br>
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3. Illegal arrest and torture <br>
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Name: R. M. Ajith Nawaratne Bandara (37) <br>
Violations by: Officers and personnel of Keselwatte Police, Sri Lanka <br>
Date of Violation: 02-05-2001 <br>
Action so far: No action against culprits <br>
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DETAILS OF CASES <br>
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1. Death As Result of Torture: W. Sujeewa Priyadarshana <br>
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Age: 31 years. <br>
Occupation: Labourer. <br>
Civil Status: Married. <br>
Number of Children: 01 <br>
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01. The above was taken into custody by Sub-Inspector Karunaratne and Thabrew of Thebuwana Police on 15. 01. 2001 at around 1.30 p.m. <br>
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02. After taking into custody, he was mercilessly assaulted by the two using their hand and legs. <br>
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03. On the same night too Sujeewa was subjected to severe assaulting by these policemen. <br>
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04. He was produced before court on 16. 01. 2001 and remanded. <br>
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05. A complain has been made to the Matugama A. S. P. on both 15th and 16th January 2001, but the entry was not entertained. <br>
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06. The charge against Sujeewa was, illegal possession of 5 grams of ganja (Marijuana). It was SI Thabrew who came to the house and took ganja out of his pocket and introduced. <br>
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07. He was again produced before court on 30. 01. 2001 and was remanded for further 6 days due to non-availability of reports. <br>
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08. Received information about his death on 30. 01. 2001 at 12.40 at night. <br>
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09. Since the report of Judicial Medical Officer (JMO) was not available on Magisterial enquiry at (31. 05. 2001_ the verdict on his death was not given. <br>
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10. Police is evading an enquiry into this lapse. <br>
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2. Tortured to Death: Mullakandage Lasantha Jagath Kumara <br>
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Age: 23 yrs. <br>
Civil Status: Married. <br>
Number of Children: 01 <br>
Address: 315 A, Weragala, Payagala. <br>
Occupation: Soldier. <br>
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01. He was taken into custody by Payagala Police on 12.06.2000, illegally detained for 5 days till 17.06.2000 and was subjected cruel and inhuman torture during the period. <br>
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02. He was produced before Kalutara Magistrate on 17. 06. 2000 and remanded. <br>
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03. As a result of severe assaulting, he died at Welikada Prison on 20. 06. 2000. <br>
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04. The Judicial Medical Officer (JMO) at the autopsy ruled that the death was due to damages caused to muscles and tissues by blunt weapon which rendered the kidneys ineffective. <br>
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05. The magistrate who held the enquiry into the death was of the opinion that this was a homicide. <br>
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06. An enquiry into this death was held at Colombo Magistrate's Court (Hall No. 02) under B/901/2000. Police failed to appear in court for 6 months to undertake the investigation into the case. <br>
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07. Subsequently, the investigation was handed over to Deputy Inspector General (DIG) South. Suspects named are police personnel belonging to Payagala Police Station. Police officers who investigated into this murder and presented materials before court are all doing so in order to save these police personnel who are involved in this murder. They have invariably presented incorrect materials before court. Evidence given by witnesses has not been recorded while some witnesses have been threatened. <br>
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08. Presently, the police have submitted a report on this murder to the Attorney General. This report too contains full of incorrect material. No response has been received from the Attorney General’s Department as yet. <br>
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09. The Magistrate is acting to appease the police in this particular case. He doesn't issue orders to arrest the suspects. <br>
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10. The Payagala Police personnel who are responsible for this murder case are as follows: <br>
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i. Police Inspector Iddamalgoda. (Officer-In-Charge - OIC) <br>
ii. Police Inspector Prasanna Wickramaratne. <br>
iii. Police Sergeant Somaratne. <br>
iv. Police Sergeant Gunaratne. <br>
v. Police Constable Nimal. <br>
vi. Police Constable Chandrasiri. <br>
vii. Police Constable Saman. <br>
viii. Police Constable Ratnasiri. <br>
xi. Police Constable Sanath <br>
x. Security Assistant Ananda. <br>
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3. Illegal arrest and torture: Ajith Nawaratne Bandara <br>
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Age: 37 years. <br>
Occupation: Motor mechanic. <br>
Civil Status: Married. <br>
Address: 19/ 08, Sriya Mawatha, Keselwatte, Panadura. <br>
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01. Ajith Nawaratne Bandara was taken into custody by the Keselwatte Police personnel on 02. 05. 2001 at around 12.30 p.m. <br>
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02. He had since been subjected to assault. <br>
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03. Keselwatte Police Officer-in-Charge (OIC) Prasanna Silva, Sergeant Palitha Perera, Assistant (SA) Sunil and Jeep Driver Upasiri were among those who assaulted him. <br>
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04. Subsequently, Ajith Nawaratne Bandara was taken to Panadura Hospital Distric Medical Officer’s (DMO's) official residence, but the doctor had not examined him. Police sergeant Palitha, Jeep driver Upasiri and Assistant (SA) Sunil are the police personnel who took him to the DMO. <br>
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05. A particular form given by the DMO was duly filled in by the police personnel by placing it on the root of the car parked in front of the doctor's bungalow and handed over to the DMO. <br>
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06. Ajith Nawaratne Bandara was then taken to a house at Wellabeda (Panadura) leaving him in the company of the assistant outside, other two had gone inside the house and came out with a document. That house turned out to be the bungalow of the Magistrate. <br>
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07. The magistrate had not examined Ajith Nawaratne Bandara nor questioned him. Later, he was taken to the remand cell. <br>
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08. On 04. 05. 2001 Ajith Nawaratne Bandara was presented before the Court on false charges of possessing heroin and was bailed out with a cash bail of SLRs. 3,000 (Sri Lanka Rupees three thousand). <br>
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09. He entered Kalubowila Hospital on the same day i.e. 04. 05. 2001 and took treatment for 05 days as an inpatient. <br>
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10. Complaints made to the OIC of Panadura police and to the Human Rights Commission of Sri Lanka to take action against this unlawful act have met with no success or response up-to-date. <br>
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SUGGESTED ACTION <br>
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Please write to the President, Inspector General of Police and Attorney General of Sri Lanka, urging them to prosecute police officers responsible for these cases and send copies to the chairperson of the Human Rights Commission of Sri Lanka and Special Rapporteurs of the Commission on the Human Rights on the question of torture and extrajudicial, summary or arbitrary executions. <br>
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SAMPLE LETTER (for example only please do not copy and paste this letter!) <br>
<br>
Dear <br>
<br>
I have learned of the following 3 cases of torture and extra-judicial killings in Sri Lanka and am so shocked by the fact, to say nothing of a proper investigation, that the police officers who have committed these crimes have not yet been arrested or brought before a court. <br>
<br>
CASES <br>
<br>
1. Death As Result of Torture <br>
Name: W. Sujeewa Priyadarshana (31) <br>
Tortured by: Officers and personnel of Thebuwana Police <br>
Date of Death: 30-01-2001 while in remand custody <br>
Action so far: No inquiry, No arrests <br>
<br>
2. Tortured to Death <br>
Victim: Mullakandage Lasantha Jagath Kumara (23) <br>
Tortured by: Officers and personnel of Payagala Police <br>
Date of death: 20-06-2000 <br>
Action so far: No one arrested yet <br>
<br>
3. Illegal arrest and torture <br>
Name: R. M. Ajith Nawaratne Bandara (37) <br>
Violations by: Officers and personnel of Keselwatte Police, Sri Lanka <br>
Date of Violation: 02-05-2001 <br>
Action so far: No action against culprits <br>
<br>
In the international law, torture is considered one of the gravest crimes. Under Act No. 22 of 1994, which has incorporated the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment into Sri Lanka law, these cases are serious crimes against the UN Convention. <br>
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It is sad that the Sri Lankan law enforcement agencies have acquired a very low reputation in Sri Lanka and aborad. I appeal to you to bring the culprits of these crimes to justice and bring about a change in the most despicable record. <br>
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I urge you to take legal action in these cases as required under the Convenion Against Torture Act No. 22 of 1994 to render justice to victims and to guarantee the human rights of your citizens. <br>
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Yours sincerely, <br>
<br>
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SEND LETTERS TO: <br>
<br>
Her Excellency President Chandrika B. Kumaritunga <br>
The President of Sri Lanka <br>
Presidential Residence <br>
Colombo 3, <br>
SRI lANKA <br>
Fax: +941 333 703 <br>
SALUTATION: Your Excellency <br>
<br>
Mr. B.L.V. Kodituwakku <br>
Inspector General of Police <br>
New Secretariat <br>
Colombo 1, <br>
SRI LANKA <br>
Fax: +941 446 174 <br>
SALUTATION: Dear Inspector General <br>
<br>
Hon. Mr. K. C. Kamalasabesan <br>
attorney General <br>
Attorney General's Department <br>
Colombo 12 <br>
SRI LANKA <br>
FAX: +941 436 421 <br>
SALUTATION: Dear Attorney General <br>
<br>
SEND COPIES OF YOUR LETTER TO: <br>
<br>
Mr. Fais Musthapa <br>
Chairperson <br>
Human Rights Commission of Sri Lanka <br>
No. 50, Dr. N. m. Perera Mawatha <br>
Borella, Colombo 8 <br>
SRI LANKA <br>
FAX: +941 694 924 <br>
E-mail: sechrc@sltnet.lk <br>
SALUTATION: Dear Mr. Musthapa <br>
<br>
Sir. Nigel S. Rodley <br>
Special Rapporteur of the Commission on Human Rights on the question of torture <br>
OHCHR-UNOG <br>
8-14 Avenue de la Paix <br>
1211 Geneva 10, <br>
Switzerland <br>
Fax: +41 22 917-9016 <br>
E-mail: aparra.hchr@unog.ch <br>
Please mark \&quot;URGENT ATTENTION: SIR. S. NIGEL RODLEY\&quot; <br>
<br>
Dr. (h.s.) Asma Jahangir <br>
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions <br>
c/o H. Stenman <br>
Room 3-072 <br>
OHCHR-UNOG, 1211 Geneva 10, <br>
Switzerland <br>
Fax: +41 22 917 9006 <br>
E-mail: stenman.hchr@unog.ch or pespinella.hchr@unog.ch <br>
Please mark \&quot;URGENT ATTENTION: DR. ASAMA JAHANGIR\&quot;

Document Type :
Urgent Appeal Case
Document ID :
UA-20-2001
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.