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SRI LANKA: Acts of torture committed by Sub Inspector Ariyaratne of Nawula Police station

November 14, 2005

URGENT ACTIION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

14 November 2005
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UA-208-2005: SRI LANKA: Acts of torture committed by Sub Inspector Ariyaratne of Nawula Police station

SRI LANKA: Fabricated charges, arbitrary arrest and detention, torture and impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of Mr. Seneviratne Goshara Mudiyanselage Upali Nissanka who was arrested, detained and tortured by Sub Inspector (SI) Ariyaratne and three constables of the Nawula Police station on 21 October 2005.  Mr. Nissanka was accused of stealing the trishaw he was riding in and taken to the Nawalu Police station.  At the police station, Mr. Nissanka was slapped in the face, hit on both ears and was trampled all over his body.  When he pleaded for SI Ariyaratne to stop, he took no notice and continued the torture for another 15 minutes by which time the victim was having a fit.  The victim was taken to the Nalanda Hospital and examined by a doctor who said that the victim's eardrum was severely damaged and his ear was bleeding. 

When Mr. Nissanka told SI Ariyaratne and three other SIs from Nawalu Police station that he planned to take legal action for the alleged abuse, they threatened the victim stating that if he should tell the courts then they will put him in prison for 14 days.  Furthermore, the victim was bribed by the Kekirawa police to omit mentioning that it was a police assault when he went for treatment.  By that time the victim still had not gone to the hospital for treatment and the problem with his ear worsened and his hearing became impaired very badly.  On October 26, the victim was admitted to the Dambulla Hospital for treatment.  Later when he was discharged from hospital, the doctor advised that he needed to attend regular clinics and that the treatment for his ear was going to take as long as one year.

We request your urgent action in asking the Inspector General of the Police to ensure that the Special Investigations Unit immediately commence an investigation into the alleged conduct of SI Ariyaratne and the police officers from both Nawula and Kekirawa Police station.  If it is found that the alleged perpetrators committed crimes against Mr. Nissanka, they must be made accountable and if found guilty of torture, indicted under the CAT Act No. 22 of 1994.  Protection must also be afforded to the victim and his family during the investigation of the police officers and compensation needs to be offered to Mr. Nissanka if it is found that the charges were fabricated and also for medical treatment. 

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Seneviratne Goshara Mudiyanselage Upali Nissanka
Alleged perpetrator: Sub Inspector Ariyaratne of the Nawula Police station
Place of arrest: Near the filling station, which is 150 meters from Nawula town
Place of incident: Nawula Police station
Date of incident: 21 October 2005

Case details:

On 21 October 2005, at around 9.30 p.m. Mr. Seneviratne Goshara Mudiyanselage Upali Nissanka was going to attend a funeral house.  He travelled in a trishaw with three others, Vajira Sampath, Manel Senevirathne and Sarath Kumara.  The trishaw was checked at the police checkpoint at Nawalu town.  When they had proceeded for a further 150 meters past the checkpoint, the trishaw stopped without fuel and the three people in the trishaw went to get petrol.  Mr. Nissanka remained in the trishaw near the filling station, which was closed.  At about 10.45 p.m. Sub Inspector (SI) Ariyaratne and three constables from the Nawula Police came to the filling station in a jeep and inquired about where Mr. Nissanka was from and why he was there.  He told them that he was travelling to the funeral house in Kekirawa and the trishaw had run out of fuel.  The police officers questioned Mr. Nissanka on whether he had stolen the trishaw and said that the trishaw should be taken to the police station.  Since Mr. Nissanka was unable to drive the trishaw, it was towed by the jeep back to the police station.

After bringing Mr. Nissanka to the police station, an officer recorded his statement and went away.  Then SI Ariyaratne questioned him about his name.  When he stated his name, SI Ariyaratne accused him of lying since the name was different to that on the statement.  SI Ariyaratne then allegedly proceeded to abuse Mr. Nissanka stating that he was misleading them.  It is claimed that he slapped the victim very hard on the face and assaulted him on both ears and kept on trampling on his body.  The victim shouted very loudly for someone to help him, but his pleas were not heeded.  The pain was unbearable.  After a while, the victim felt that his fingers and toes were getting stiff and he was going into a fit.  SI Ariyaratne continued to abuse the victim for no less than 15 minutes.  That night, while still in the custody of the Nawula Police, the victim requested the officer who was in charge of the radio communication to inform his family where he was, but the police officer ignored him.

The next morning between 7.30 and 800 a.m. the victim heard that Kekirawa police had inquired about a reported missing person from Kekirawa.  Then SI Ariyaratne who had assaulted Mr. Nissanka the previous night, took him into a room and questioned him and recorded a statement. Due to the physical inability and mental stress, the victim did not know what he wrote and was in no mental state to read over what the statement contained.  The victim then signed the paper.   SI Ariyaratne called for two officers who took the victim to Nalanda Hospital in a lorry. The doctor examined Mr. Nissanka and said that his eardrum had burst.  The doctor informed the victim that he was bleeding in the ear and should be admitted to Dumbulla, Matale or Kandy Hospital.  Thereafter, the victim was taken to Kongahawela Hospital, but as it was a Saturday he was produced before the medical officer at his residence.  The doctor examined his entire body and told the police that the victim had been assaulted severely and his eardrum had burst.  SI Ariyaratne had given the two police officers a large sheet of paper and they gave it to the doctor and got entries made on it.  The doctor retained one copy and the other was given to the police.  Subsequently, at the police station, after SI Ariyaratne had read the doctor's report he asked the victim what he was planning to do about the torture.  The victim responded to SI Ariyaratne and three other SIs of the Nawula Police station that he was going to take legal action.  SI Ariyaratne then threatened that if he told the court anything about the torture then he would be put in prison for 14 days.  Thereafter a police officer filled a set of forms and forcibly obtained the victim's fingerprints. 

At about 4.00 p.m. Mr. Nissanka was produced before the Dambulla magistrate and was ordered to be released on Rs. 10,000 personal bail.  The police filed a case against the victim under the number AR1165/05 and the next scheduled hearing is November 7th. 

On October 23, while the victim was on his way to the hospital to obtain treatment, he met Siriwardena, an officer of Kekirawa Police station who gave him a piece of paper and asked him to meet either the Officer in Charge (OIC) of Nawula Police station or Sergeant Seneviratne.  The victim went to Nawula Police station and met Sergeant Seneviratne.  He invited the victim and his wife to a room where the victim's wife explained the unprovoked and unexplained assault on her husband, to the Sergeant.  He agreed saying that the attack was indeed 'without any reason'.  The Sergeant then took them to a nearby hotel and bought them lunch.  Afterwards, the OIC was called and said that action would be taken against SI Ariyaratne for allegedly torturing the victim.  He also said that he would personally help the victim attain medical treatment and when they leave the police station, an officer would give them something, which they were not to refuse.  All this in return for not mentioning the assault when the victim went for treatment. 

Eventually, when the victim left with his wife, a police officer at the gate did indeed put Rs. 2000 into the victim's pocket.  The victim still had not obtained medical treatment for the problem in his ear and the condition of his ear deteriorated resulting in his hearing becoming very badly impaired.  On October 26, the victim was admitted to Dambulla Hospital for treatment.  Later, when he was discharged from the hospital, the doctor advised him to attend the clinic regularly and said that the treatment for his ear was going to take as long as a year.

SUGGESTED ACTION:

Please write to the Inspector General of Police voicing the need to properly and independently investigate the fabricated charges and misconduct of the police against Mr. Nissanka.  

Suggested letter:
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Dear Mr. Fernando

SRI LANKA: Acts of torture committed by Sub Inspector Ariyaratne of Nawula Police station

Name of the victim: Seneviratne Goshara Mudiyanselage Upali Nissanka
Alleged perpetrator: Sub Inspector Ariyaratne of the Nawula Police station
Place of arrest: Near the filling station, which is 150 meters from Nawula town
Place of incident: Nawula Police station
Date of incident: 21 October 2005

I am writing to voice my shock and dismay that police officers can so easily fabricate charges against a man leading to his arbitrary arrest, detainment and torture.   

According to the information I have received, on 21 October 2005, Mr. Seneviratne Goshara Mudiyanselage Upali Nissanka was on his way to a funeral house with friends when they ran out of fuel.  When Sub Inspector Ariyaratne and several other police officers arrived onto the scene, they accused Mr. Nissanka of stealing the trishaw he was riding in, which he did not know how to drive, and took him to the Nawalu Police station. At the station, SI Ariyaratne allegedly began to severely torture Mr. Nissanka hitting his ears and trampling on his body.  The victim was beaten to the point that he started to have a fit, but the alleged perpetrator did not relent and continued for another 15 minutes.  The victim was taken to the Nalanda Hospital and examined by a doctor who said that the victim's eardrum was severely damaged and his ear was bleeding.

When Mr. Nissanka told SI Ariyaratne and three other SIs from Nawalu Police station that he planned to take legal action for the alleged abuse, they threatened the victim stating that if he should tell the courts then they would put him in prison for 14 days.  On October 23, the victim and his wife were invited to meet with Sergeant Seneviratne and the Officer in Charge of Kekirawa Police station, who bribed the victim with free medical treatment and Rs. 2000 if he did not mention the police assault when he went for treatment.  On October 26, the victim's injuries to his ear deteriorated and he was admitted to Dambulla hospital where the doctor advised him to attend the clinic regularly and said that the treatment for his ear was going to take as long as a year.

I urge you to take immediate action and ensure that the Special Investigations Unit commences a speedy and thorough investigation into the alleged conduct of SI Ariyaratne and the police officers from both Nawula and Kekirawa Police station.  If it is found that the alleged perpetrators committed crimes against Upali Nissanka, they must be made accountable and if found guilty of torture, indicted under the CAT Act No. 22 of 1994.  Protection must also be afforded to the victim and his family during the investigation of the police officers and compensation needs to be offered to Upali Nissanka for medical treatment.  Finally, if the charges against Upali Nissanka are really fabricated then he must be cleared of these.

Such action by a Sub Inspector who is supposed to lead by example to his lower officers is unacceptable and will lead to the further institutionalization and acceptance of torture committed by police officers.   Therefore, I also request that you and other government officials in Sri Lanka introduce legislation that will reform the law enforcement agencies to abolish the senseless and cruel act of torture by police officers.  

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: 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)

Thank you. 

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-208-2005
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.