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SRI LANKA: Gross human rights violence against woman - Arbitrary arrest, sexual abuses and torture by police

June 12, 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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13 June 2002
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UA-22-2002: Torture case of Herat Pathirannehelage Nandani Sriyalatha Heart in Sri Lanka
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SRI LANKA: Gross human rights violence against woman - Arbitrary arrest, sexual abuses and torture by police
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Herat Pathirannehelage Nandani Sriyalatha Herat is a 39-years-old Sri Lankan woman who is not married and is a virgin. She was arrested by several police officers from Wariapola in civilian clothes on March 8, 2002. She was arrested at her home in the presence of her family and was kept for two days in the Wariapola police station during which she was severely tortured.
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The forms of torture included stripping her naked and inserting a pipe-like object in her vagina, which made her bleed and caused immense pain. Once produced in court, she complained to the magistrate who ordered an inquiry. This inquiry, however, has not taken place yet.
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We reproduce below a translation of her own hand-written statement.
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The following is a translation from a hand-written statement by Ms. Herat Pathirannehelage Nandani Sriyalatha Herat written in her mother tongue, Sinhala.
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I was brought to the Wariapola Police Station on the 8th of March 2002 around 6:15 p.m. They came to our home in a white coloured vehicle. There were four people dressed in civilian clothes. Because I was bathing at the time, they asked my father if Nandani was at home. Hearing that I peeped from the wall near the well. Because I saw someone known to me I wrapped a towel above by bathing clothe and went there. One of them was examining my younger sister¡¯s identity card. His name is Warnakulasuriya. He said they needed to record a statement by me. When I asked about what, they did not tell me. Warnakulasuriya, the Officer in Charge of Crimes and a person I do not know came inside our house. They did not give me room to put on my clothes. When I asked Rathnatileke who was standing at the door to move away as I wanted to dress he did not do so.
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My mother came to the vehicle to accompany me. But they did not allow her to get into the vehicle. When I was getting into the vehicle I saw a person with his head covered in a white sheet. I did not know who he was. They brought me and made me sit on a bench. At that time there was no woman present. 10-15 minutes later an elderly woman arrived. Between 7:15 and 7:30 p.m. Ananda arrived. He was dressed in a ¡®gurupata¡¯ (?) trousers and a white tee shirt. He said today is good for the bite. I asked that I be taken home. I was not given any food or drink that evening. I asked several times why I was brought but I was not told the reason. Around 8:30 p.m. Ananda, Rathnatileke and Warnakulasuriya arrived. I heard the reserve policeman calling out to some individuals and to a woman. Those three were very drunk. Warnasuriya first beat me with a pole. I felt my left arm becoming lifeless. I felt faintish. Ananda removed my clothes. I asked him not to remove my clothes. I screamed. After my clothes were removed. Someone struck me a blow from behind. I could not recognise who it was. Ananda put something like a tube into my vagina. Warnakulasuriya kept my mouth shut with his hand. Rathnathileke stood by the front door and watched. At that time the back door was closed. [He said] ¡°This is only a foretaste. It is tomorrow that the job will be done¡±.
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Blood was pouring from my vagina and I felt a sharp pain in my underbelly. The blood was dripping on to the cement floor. Ananda called a woman and said cut a piece from my towel and bring it. The woman brought the towel. Ananda tore it in half and gave me one piece. I wore it. With the other piece he wiped the blood on the floor. After that he asked Rathnatieleke something. I did not hear what he said. I heard Rathnatileke say ¡°Put it in cupboard 4 of the Crimes Division. Tomorrow let us throw it far away¡±. A little while later because I felt sick I slept there itself. I vomited around 5.30 am. The officer in charge asked a woman to wash the vomit, ¡°Can¡¯t say if the ASP might come round¡± he said. I asked the OIC for medicine and to send me to hospital. He paid no attention to that but gave me a blow. He scolded me in raw filth. After a short while I went to the OIC¡¯s room and asked again why I was brought there. Then Rathnaileke said, ¡°You have no house to go now they have given it the works also¡±. I could not think about anything at that time. Around 10:30 that morning the OIC beat me again with a large pole. At that time I was terribly sick. The OIC Crimes asked him not to beat me. After that I was not beaten. By that time I was in a semi-conscious state.
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The following night the woman who was locked up with me gave me a tea and two short eats, from what had been brought for her. There were some others also locked up. I cannot remember who they were. I heard them talking I have no memory of what was said. The next morning Warnakulasuriya took me to the Crimes Section opened a big book and told me, ¡°Sign your statement¡±. At that time no statement from me had been recorded. Therefore I hesitated to sign it. But because WPC 2212 kicked me hard from behind and because I could not endure any more pain and because I was terribly hungry, I thought whatever might happen it does not matter and signed the statement.
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Around 12:30 that day I was forcibly taken again in a white coloured vehicle. I refused to get in and did not get in. I was forced into the vehicle. Inside the van was the driver of the vehicle and Warnakulasuriya dressed in civilian clothes. Rathnatileke was dressed in uniform. There was another constable in civils. The vehicle went along the Nikaveratiya Road. It stopped near a large Mara tree and Rathnatileke and Warnakulasuriya went there. There were officers in civilian clothes standing by he door of the vehicle. After that I was taken to the Wariapola courts. While I was in the van Warnakulasuriya went inside the courthouse. He came back after 5 to 10 minutes. I remember that he had a paper in his hand. After that I was taken to the Wariapola hospital. I told a doctor about my sick condition. Though he asked me to sit down there was nothing there to sit on. Rathnatileke and Wranakulasuriya were there all the time. On the way to Kurunegala the vehicle near several shops.
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I was handed over to the Kurunegala prison. Till I came to the prison I had had nothing to eat. They gave me food brought from Kurunegala. On the 10th of March I was taken to hospital. [Then after making a complaint to Warden of prison] On March 13-14-15, I was taken to hospital for visit. On the 17th around 3 p.m. I was examined in the orthopedic section of the hospital. I am still being taken to hospital. On the day I was brought to court I made a public statement to the lady magistrate.
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During the time I was in the police station none of my home people were allowed to visit me. Only after I was brought here did I come to know what the charge against me is.
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End of Statement
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Herat Pathirannehelage Nandani Sriyalatha Herat made a similar statement to the magistrate of the Wariapola magistrate¡¯s court, who issued the following order:
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While the police have the right to arrest an accused and investigate and take a statement from him about the relevant happenings, the police have no power to inhumanely assault anyone. I order Deputy Inspector General Wayaba to investigate this matter and submit a complete report to this court. I order the registrar of this court to send a copy of this order to the deputy inspector general of police.
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Call the case soon on 2002-04-05.
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Signed
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Padma Pahihakkara
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Magistrate Court
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22.03.05
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ACCORDING TO REPORTS AHRC HAS RECEIVED,
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1. Nandani Herat is very unhappy that she has not been unable to have a proper medical examination.
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2. Nandani Herat herself is unable to go to private doctors or to pursue investigations into the case as she is being kept in prison in remand.
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3. She has not been able get proper medical attention because she in is remand and can only have remand prison hospital treatment.
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4. The father of Nandani has been severely threatened by the local police and higher officers not to pursue the complaint.
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5. This is a remote village, and thus, most lawyers do not want to actively help the victim¡¯s family because of fear of repercussions.
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SUGGESTED ACTIONS TO THE SRI LANKAN GOVERNMENT
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1. Immediately investigate this case as the allegations come under serious crimes committed under Act No. 22 of 1994, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act;
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2. Bring the victim to a judicial medical officer for a medical examination and report;
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3. Make provisions for private medical treatment;
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4. Provide protection to the victim¡¯s family; and
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5. Provide compensation to the victim based on international standards.
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SUGGESTED LETTER
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I have learned with immense shock and sadness the story of torture and severe sexual abuse of Herat Pathirannehelage Nandani Sriyalatha Herat in Sri Lanka. It is simply unbelievably cruel! At a time when there is an international consensus on the need for special protection for women, I urge you to immediately investigate this case, whose allegations fall under serious crimes under Act No. 22 of 1994, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act.
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I also urge you to immediately bring the victim before a judicial medical officer for a medical investigation and that the judicial medical officer issues a report. The victim should also be allowed to seek private medical treatment for her injuries. Lastly, I ask that protection be provided to the victim¡¯s family and that compensation, based on international standards, be given to the victim.
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Thank you.
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Sincerely yours,
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PLEASE SEND A LETTER BY FAX OR EMAIL TO;
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1. 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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Fax: 941 682-905 or 542919 (Secretary to the PM)
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Email: secpm@sltnet.lk (Secretary to the PM)
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SALUTATION: Hon. Prime Minister
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2. 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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Also send a copy of your letter to;
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1. 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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2. Ms. Radhika Coomaraswamy
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Special Rapporteur of the Commission on Human Rights on violence against women
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Tel: +941 698048 or 685085
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Email: radhika@sri.lanka.net
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3. Secretary
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Human Rights Commission of Sri Lanka
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Kynsey Road, Borella, Colombo 8
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SRL LANKA
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Fax: +941 694 924
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Email: sechrc@sltnet.lk
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Document Type :
Urgent Appeal Case
Document ID :
UA-22-2002
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.