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SRI LANKA: Torture resulting in loss of the use of both hands

May 28, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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29 May 2002
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UA-20-2002: Torture resulting in loss of the use of both hands
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SRI LANKA: Frequent and cruel tortures by the police - Urging actions to prevent torture and implement the law with participation of UN Agencies
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The Asian Human Rights Commission (AHRC) wishes to draw your attention to the following torture case.
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CASE DETAILS
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- Torture resulting in loss of the use of both hands (likely for the rest of his life).
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Name of victim: Mr. Girissa De Silva (32)
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Address: E. Perera Mawatha, Magalla, Galle, Sri Lanka
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Date of violation: March 22, 2002
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Tortured at: Habaraduwa Police Station
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Suspect police officers: O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes
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Girissa De Silva was the manager of Green Garden Hotel, Katugoda. He was taken into police custody on 22nd March 2002, together with one Buddhika, a relative of his while travelling in a three wheeler taxi, by police officers from Habaraduwa police station. Both of them were taken to the Habaraduwa police station in a police jeep. Both were asked to sit on a bench and the Officer In Charge - OIC of the police station talked to some one over the telephone. Girissa heard, the O.I.C. telling, ¡°We have brought in Griissa¡¦ O.K. Sir¡¦Right Sir¡±
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Then Girissa was told, ¡°Tell the truth, if you want to be saved. ¡°The officer was talking about a murder, which took place on the 9th March. Grissa answered ¡°on that day I was with a group of tourist at Nuwara-Eliya. I do not know anything about this.¡±
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Then the OIC took Girissa to the police barrack at Ahangama. Girissa¡¯s cloths were removed by force. His hands were tied from the back. He was hung on the beams. He was beaten with wooden poles and S-Lon pipes by O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes. He was hung and beaten five times the same way by the same persons. He was also hung by the fingers. He asked for water and was told, ¡°when you tell the truth, the water will be given,¡± He asked, ¡°How can I tell something that I do not know¡±? He was not given water.
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He was brought back to Habaraduwa police station. Buddhika has been released then. Girissa found his hands to be numb and he could not even take any food with his hands. Buddhika was told by some sympathetic officers that he was assaulted on the ¡°orders from above¡±. Girissa was visited by Attorney Chandrika Ranmalla on the same night and Girissa told the whole story to his lawyer.
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Girissa was released on the noon of 23rd March.
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Girissa was hospitalized from 23rd March to 11th April. He was examined by Professor Niriella, a well-known forensic specialist in Sri Lanka and was told that the loss of the use both had is unlikely to be recovered.
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Girissa has made a complaint to the police station at Galle through his lawyer Kumara Bandara. A representative from Deputy Inspector General recorded a statement from him while he was in hospital.
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Under the law in Sri Lanka, torture is a crime punishable with a minimum of 7 years imprisonment. The Convention Against Torture Cruel And Inhuman Treatment Act. No 22 of 1994, has defined torture as a crime, with no defense, to be tried in high court. The filing of indictments rests with the Attorney General (AG). AG¡¯s office has a special unit to investigate crimes committed under Act No.22 of 1994.
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THE STATE OBLIGATIONS;
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1. Investigate the crime immediately and prosecute offenders. There is a Special unit in Attorney General¡¯s Department for investigations. Under the criminal procedure code the suspects of the crime must be immediately taken into police custody and produced before a magistrate.
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2. The Inspector General police is under obligation to initiate disciplinary inquiries and pending finalization of such inquiries to interdict the suspect officers
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3. State is under obligation to provide special medical help and if necessary even provide specialist treatment for examination to see the possibility of recovery of the victim.
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4. Provide protection to the victim and family and endure the suspect police officers or their agents do not interfere with the victim or his family.
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5. Compensate the Victim in terms of international standard to be observed on measuring such compensation.
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6. Given the frequency and the horrific nature of torture taking place in Sri Lanka, the State must address the general issue of prevention of torture and implementation of its own law (Act. No 22 of 1994) and for that purpose start an inquiry with participation of UN agencies concerned.
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SUGGESTED ACTION
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Write letters to the Sri Lankan authorities, requesting an urgent investigation into this torture case and asking them to prosecute the suspected police officers. Please send copies to the UN Special Rapporteur on Torture and the Chairman of the Sri Lankan Human Rights Commission.
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SAMPLE LETTER
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Dear
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Re: Torture resulting in loss of use of both hands (likely for rest of life)
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Name of victim: Mr. Girissa De Silva (32)
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Address: E. Perera Mawatha, Magalla, Galle, Sri Lanka
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Date of violation: March 22, 2002
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Tortured at: Habaraduwa Police Station
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Suspect police officers: O.I.C. Satisgamage, S. I. Ariyaratne, S.I. Lekamvasam, Sergeant Chandra Soma and others in civilian clothes
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I am shocked to hear Girissa De Silva¡¯s case and the brutal and inhume treatment of this young man. I am requesting you immediate inquiries under Sri Lanka law against Torture (Act No 22 0f 1994), immediate arrest of the suspected officers, quick prosecution of the case, disciplinary action against suspect officers and their suspension from office pending finalization of inquiries, and also adequate medical treatments, protection and compensation to the victim and family in terms of international standards.
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Further, I request an inquiry by the state into so frequent and cruel torture taking place in Sri Lanka, with participation of UN Agencies.
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Hope to hear your quick responses.
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Thank you.
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Sincerely yours,
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CC: UN Special Rapportuer on Torture
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The Chairman of the Sri Lankan Human Rights Commission
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SEND LETTERS TO;
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Honourable Prime Minister
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Mr. Ranil Wickremasinghe
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Cambridge Place
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Colombo 7
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Sri Lanka
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Tel/Fax: +94 1 682905
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Email: ranilwickremesinghe@www.com
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SALUTATION: Hon. Prime Minister
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Hon. Mr. K.C. Kamalasabesan
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Attorney General
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Attorney - General's Department
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Colombo 12
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SRI LANKA
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Fax: +94 1 436 421
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SALUTATION: Dear Attorney General
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SEND A COPY TO;
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Mr. Fais Musthapa
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Chairperson
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Human Rights Commission of Sri Lanka
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No. 50, Dr. N. m. Perera Mawatha
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Borella, Colombo 8
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SRI LANKA
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FAX: +941 694 924
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E-mail: sechrc@sltnet.lk
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SALUTATION: Dear Mr. Musthapa
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Mr. Theo C. van Boven
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Special Rapporteur of the Commission on Human Rights on the question of torture
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OHCHR-UNOG
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8-14 Avenue de la Paix
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1211 Geneva 10,
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Switzerland
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Fax: +41 22 917-9016
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E-mail: secrt.hchr@unog.ch
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Please mark &quot;URGENT ATTENTION: MR. VAN BOVEN&quot;
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Document Type :
Urgent Appeal Case
Document ID :
UA-20-2002
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.