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SRI LANKA: Four persons, including a mentally retarded boy, tortured by Mahawela police

November 25, 2005

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ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAM

24 November 2005
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UA-220-2005: SRI LANKA: Four persons, including a mentally retarded boy, tortured by Mahawela police

SRI LANKA: Arbitrary arrest, torture, threats and intimidation, maltreatment and deprivation from receiving medical treatment in hospital
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that a mentally retarded boy along with three other persons were allegedly tortured by police attached to the Mahawela police station. The policemen intended to implicate the boy in a theft case, which took place in a nearby village.
He was assaulted at the scene of his arrest and brutally beaten again by the policemen at their station. The victim sustained considerable injuries to his body.

Meanwhile, the police intimidated the victim visiting the Matale District Hospital where he was hospitalised and influenced the authorities there to discharge him before the completion of his treatment.

The other victims were also tortured during their arrest and currently remain detained at the Mahawela police station.

The AHRC is calling upon you to write letters to the relevant authorities in Sri Lanka, in particular the Inspector General of Police and the National Police Commission, urging them to take immediate disciplinary and legal action against the errant policemen of the Mahawela police station. The necessary compensation and arrangement of medical treatment for the victims must be met.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of victims: W.G. Mahesh Kumara Samaranayaka, a mentally retarded boy living in no. 147, Galaliyadda, Mhawela, Matale
Three other boys were also allegedly tortured and detained by the Mahawela police
Name of the accused: Police officers attached to the Mahawela police station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005

On 11 November 2005, W.G. Mahesh Kumara Samaranayaka who has been taking treatment from birth for his mental disability left his home for Yatawatta hospital to receive an injection. On his way he met three of his village friends and stopped a while to have a chat with them.

Suddenly three civil-dressed police officers bearing numbers 12862, 34897, R34311 came there and arrested them regarding a theft that took place in a nearby village. The persons denied the accusations of theft, stating that they were merely chatting and on theri way to the hospital. The policemen, ignoring any sort of justification for the victims' gathering, assaulted all four boys with a pole and arrested them for connection with the theft.

On the same day, when the father of the victim heard that his son had been taken to the Mahawela police station, he rushed there and claimed that his son was innocent and was unable to commit such a crime due to his mental disability. But without listening to him, the policemen proceeded too beat the boy again in front of his father. Since the father could not bear to see his son treated in this manner, he rushed home and sent his wife (the mother of the victim) to the police station. She was able to convince the police of her son's innocence and then only he (Mahesh Kumara) was released from custody. The other three persons remain in custody
to date.

Meanwhile, Mahesh informed his parents of the brutal treatment he was subjected to by the policemen before arriving at the police station. He explained that he had screamed out in pain and that he was vomiting blood. On the same day, at about 02:00 a.m. the victim had been taken to Matale District hospital. After examinations and testing the doctors on duty admitted him there in ward number 14.

On the next day (November 14), the police officer who assaulted the victim came to see the parents of the victims and forced them to get Mahesh discharged from the hospital. Further the victim had been intimidated by some police officers in the hospital. On November 15, when the parents of the victim went to the hospital to see their child, they found that he was discharged and later learnt that the wife of the perpetrator, who is a nurse in the Matale hospital, had come with her husband (bearing number 12862) to the hospital and persuaded the hospital authorities to discharge the victim, though he was not fully recovered. The victim is currently admitted to the Kandy General Hospital in ward number 10 where he is receiving treatment for his injuries.

BACKGROUND INFORMATION:

Unfortunately, this is not an isolated case. As reported in previous appeals by the AHRC, custodial torture in Sri Lanka is rampant amongst law enforcement officers in the country (for examples please refer to UA-207-2005, UA-208-2005, UA-204-2005, UA-199-2005). These cases demonstrate the pattern of violence, torture, and the complete break down of rule of law that is occurring in many police stations across Sri Lanka.

SUGGESTED ACTION:

Please send a letter immediately to the Inspector General of Police and the other relevant authorities listed below expressing your concern about the torture and arbitrary arrest of the four persons including one mentally disabled boy. Please urge them to take prompt action in investigating the conduct of the police and to ensure that justice is attained for the victims.

Suggested Letter:

Dear _______________,

SRI LANKA: Four persons, including a mentally retarded boy, tortured by Mahawela police

Name of victims: W.G. Mahesh Kumara Samaranayaka, a mentally disabled boy living in no. 147, Galaliyadda, Mhawela, Matale
Three other boys were also allegedly tortured and remain detained at the Mahawela police station
Name of the accused: Police officers attached to the Mahawela police
station (bearing numbers 12862, 34897, R34311).
Date of incident: 11 November 2005

I am writing to express my deep concern regarding the alleged incident involving policemen attached to the Mahawela police station torturing four persons including a mentally retarded boy. To my knowledge, this case was one involving arbitrary arrest, torture, maltreatment and deprivation from receiving medical treatment in hospital.

According to the information I have received, on 11 November 2005, W.G. Mahesh Kumara Samaranayaka, who has been taking treatment from birth for his mental disability, left his home for Yatawatta hospital to receive an injection. On his way he met three of his village friends and stopped a while to have a chat with them. Suddenly three civil-dressed police officers bearing numbers 12862, 34897, R34311 came there and arrested them in regards to a theft that had taken place in a nearby village. The victims denied the accusations of theft, stating that they had merely gathered to chat on their way to the hospital. The policemen, ignoring any sort of justification for their gathering proceeded to assault Mahesh and the others with a pole and arrested them for connection with the theft.

On the same day, when the father of the victim heard that his son had been taken to Mahawela police station, he rushed to the station and claimed that his son was innocent and was unable to commit such a crime due to his mental disabilities. Despite the further pleas, the policemen began to beat the boy again in front of his father. Since the father could not bear to see his son beaten, he rushed home and sent his wife (the mother of the victim) to he police station. She was able to convince the police about her son's innocence at which point the police released Mahesh. The other three persons remain in custody to date.

Meanwhile, Mahesh informed his parents of the brutal treatment he received by the policemen before arriving at the police station. He explained that he had screamed out in pain and was vomiting blood throughout the attack. On the same day, at about 02:00 a.m. the victim was taken to Matale District Hospital. After examinations and testing the doctors on duty admitted him there in ward number 14.

On the next day (November 14), the police officer who assaulted the victim came to see the parents of the victims and forced them to get Mahesh Kumara discharged from the hospital. Further the victim had been intimidated by some police officers in the hospital. On November 15, when the parents of the victim went to the hospital to see their child, they found that he was discharged and later learnt that the wife of the perpetrator, who is a nurse in the Matale hospital, had come with her husband (bearing number 12862) to the hospital and persuaded the hospital
authorities to discharge the victim, though he was not yet fully recovered. The victim was admitted to the Kandy General Hospital at ward number 10 to recover from his injuries.

Accordingly, I urge you to take measures to ensure that an independent investigation is conducted into this arbitrary arrest and torture and in particular, I ask you to ensure that immediate legal action be taken against the errant policemen attached to the Mahawela police station. Please also ensure the release of the three other persons still in custody if it is established that there is no evidence against them involving the theft charge. I would request you to arrange necessary medical treatment and costs to any of the victims requiring this. I also request that you ensure the protection and safety of the victims while investigations and any subsequent trial is under way. If the allegations against the police are found to be true, the policemen involved must be indicted for violation of the Convention against Torture Act No. 22 of 1994.

I trust that you will take action in this case.

Sincerely yours,

________________

PLEASE SEND LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421

3. 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

4. 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

5. Prof. Harendra De Silva
Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

6. Bo Viktor Nylund
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2  551 333
E-mail: colombo@unicef.org

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 22 917 9016 (general)
E-mail: ssyed@ohchr.org

8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Email: urgent-action@ohchr.org (Attention: Committee on the Rights of the
Child)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-220-2005
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.