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SRI LANKA: Brutal torture of a young man by the Kurunegala police after being arbitrarily detained

July 4, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

5 July 2006
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UA-217-2006: SRI LANKA: Brutal torture of a young man by the Kurunegala police after being arbitrarily detained

SRI LANKA : Torture; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding a brutal torture of a 24-year-old man named D Chamara Lanka by the Kurunegala police during his arbitrary detention from 27 to 30 May 2006. He was arrested on the allegation of his involvement in a theft case. The manner he was tortured by the police is very brutal and he was illegally detained about 3 days in violation of the law. According to the Sri Lankan law, the police must produce a person before court within 24 hours after the arrest. The victim claims that the police implicated him with fabricated charges. During his detention at the police station, the victim had not received any medical attention despite his serious injuries due to torture. He was released on bail on June 4.

On 27 May 2006 two policemen from the Kurunegala Police Station came to the house of Mr. D Chamara Lanka, 24-year-old three wheel driver, in Puttalam Road, Kurunegala, Sri Lanka. As Chamara Lanka was not at home at that time, the policemen left a message for him to come to the police station. After receiving the message upon his return home, he went to the police station at around 5:30pm according to the police's instruction. As the police also ordered his parents to accompany him they also went along with their son to the police station.

The Officer-in-Charge (OIC) of crimes branch then accused Chamara of being involved in a theft at a nearby house. Even though Chamara denied this accusation and claimed that he knew nothing about the incident, the OIC simply turned down his claim and instructed a policeman to detain him. Accordingly, this policeman handcuffed Chamara to a bar of a window at the police station and chased his parents away.

Chamara remained handcuffed to a bar of the window for several hours until about 9:00pm to 10:00pm that night. Thereafter another policeman in civilian clothes walked up to Chamara and began questioning him about the theft. He also assaulted him with a pole whilst questioning him. Although Chamara denied his involvement, the policeman continue to brutally beat the whole of his body, especially on his feet, buttocks and back for about half an hour. He then left him handcuffed to the window bar until the following morning (May 28).

At around 2:30pm on May 28, several policemen took him to another room at the police station. They forced him to lie on the ground and placed his arms and feet together. They then inserted an iron pole between his arms and legs and suspended the pole between two tables. Due to this,  Chamara was left precariously dangling by his limbs on the pole (this method of torture commonly used by Sri Lankan police is called the "Dharma Chakraya"). They then began to assault him all over his body, while demanding him to confess where he hided the stolen goods. Chamara screamed helplessly due to unbearable pain but the policemen did not stop torturing him. After that, the policemen poured water on his face causing him to almost suffocate.  Despite the fact that he was severely injured and unable to walk, they put him into the lock-up without giving any medical attention.

Chamara was taken to the Kurunegala General Hospital only in the afternoon of the following day (May 29). He reported the doctors, who examined him, that he was brutally tortured by the police. However he was brought back to the police station after receiving inadequate medical treatment. The police then recorded his statement and forced him to sign a document the contents of which he was not informed of.

Even though a person arrested must be brought before a magistrate court within 24 hours after his/her arrest, Chamara was only produced before the Kurunegala Magistrate's Court only on May 30 (three days after his arrest) with charges of theft. However, the victim insists that the charges were fabricated by the police. The court ordered to release him on bail. However no one was present at the court to pose bail for him as the police did not properly inform the victim's family of his appearance in court. Subsequently, Chamara was remanded until June 4 on which date he was released on bail. As soon as he was released, Chamara was rushed to the Cooperative Hospital in Kurunegala where he obtained medical treatment for his serious injuries.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and ask that an impartial investigation be launched into this matter without delay. The alleged perpetrators must be restricted from their duty once the investigation commences and appropriate charges must be filed against them under the Convention against Torture Act (Act No. 22 of 1994) if the allegations are found to be true.

Please also urge the concerned Government agencies to afford medical and rehabilitation assistance to the victim without delay. The victim and his relatives must also be provided with appropriate protection if the situation requires. They must be protected from any harassment and intimidation should they file charges in a court of law against the perpetrators.

To support this appeal, please click:

Suggested letter:

Dear ____________,

SRI LANKA: Brutal torture of a young man by the Kurunegala police during his arbitrary detention

Name of the victim: D Chamara Lanka, aged 24, unmarried; a three wheel driver by occupation, resides in Puttalam Road, Kurunegala, Sri Lanka
Alleged Perpetrators: Officers attached to the Kurunegala Police Station
Date of incident:  27-30 May 2006

I am writing to bring to your urgent attention a brutal torture of a young man by the Kurunegala police after being arbitrarily detained.

According to the information I have received, Chamara(24) was accused of being involved in a theft at a nearby house. Even though Chamara denied this accusation and claimed that he knew nothing about the incident, the OIC simply turned down his claim and instructed a policeman to detain him. Accordingly, this policeman handcuffed Chamara to a bar of a window at the police station. He was interrogated, assaulted and tortured by police officers. They then inserted an iron pole between his arms and legs and suspended the pole between two tables. The police continued with their torture and poured water on his face causing him to almost suffocate.  They then put him into the lock-up without giving any medical attention.

Even though a person arrested must be brought before a magistrate court within 24 hours after his/her arrest, Chamara was only produced before the Kurunegala Magistrate's Court only on May 30 (three days after his arrest) with charges of theft.

The court ordered to release him on bail. However no one was present at the court to post bail for him as the police did not properly inform the family of the victim's appearance in court. Subsequently, Chamara was remanded until June 4 on which date he was released on bail. As soon as being released, Chamara was rushed to the Cooperative Hospital in Kurunegala where he obtained medical treatment for his serious injuries.

I therefore urge you to use your authority to ensure that an impartial investigation be launched into this disgraceful incident without delay. That adequate legal action is taken against the perpetrators under the Anti - Torture Act 22 of 1994.
 
I also urge you to take immediate disciplinary action against the police responsible for the brutal torture of Chamara Lanka. The victim must also be provided with compensation for his pain of mind and body.

Your urgent action would be highly appreciated.

Yours truly,

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SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

2. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

3. Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
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. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President) 
Email: secretary@presidentsoffice.lk

7. 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 9179016 (general)
E-mail: ssyed@ohchr.org/ urgent-action@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-217-2006
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.