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SRI LANKA: Arbitrary detention and torture of three men by the Horana police

December 15, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

15 December 2005
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UA-238-2005: SRI LANKA: Arbitrary detention and torture of three men by the Horana police

SRI LANKA: Arbitrary detention; torture; government inaction
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Dear friends,

The Asian Human Rights Commission has received information from a reliable source regarding the arbitrary detention of three men, namely Nihal Kithsiri (30) and his friends – Kumara and Sumith Haputhatri who were severely tortured following their arrest on 7 December 2005 by policemen attached to the Horana police. They have not been produced before the Magistrate’s Court nor have they been examined by the Judicial Medical Officer (JMO).

The victims were separately arrested and taken to the Horana police station. One of the victims – Nihal Kithsiri – who was first arrested was brutally assaulted by two policemen, identified as Bandara and Kaldera, while in police custody. Nihal was also suspended from the ceiling while he was beaten. The two other victims – Kumara and Sumith Haputhatri – were arrested by the same policemen in a separate incident. They were taken to the same police station where they were severely tortured.

On 11 December 2005, one of the victim’s relatives informed the Human Rights Commission (HRC) about the illegal detention and torture by calling them through their “torture hotline”. The HRC, however, have reportedly not taken any immediate action regarding the information relayed to them.

We urge your strong intervention asking for an impartial investigation into this case without delay. The three men must be released from police custody if there are no charges laid against them or any other justification for their detention. The Judicial Medical Officer (JMO) must examine the victims and conduct an inquiry on allegations of torture. The alleged perpetrators must be indicted for violation of the Convention against Torture Act No. 22 of 1994 if the allegations are found to be true.

Further, please urge the concerned Government agencies to afford medical and rehabilitation assistance to the victims without delay. The victims and their 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.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Nihal Kithsiri (30), married with one child; occupation – casual labourer; and two of his friends, namely Kumara and Sumith Haputhatri.
Date and place of incident: 7 December 2005 at the Horana Police station
Alleged perpetrators: SI Silva, PC Bandara and Kaldera, all of the Horana police station

Case Details:

On 7 December 2005, at around 10.00am, Nihal Kithsiri was arrested by SI Silva and PC Bandara of the Horana police. He was taken to the police station where policemen Bandara and Kaldera inhumanly and brutally assaulted him. He was suspended from the ceiling and was severely beaten. When Nihal’s mother, Baby Nona and a lawyer visited him at the police station, they saw innumerable injuries on Nihal’s body. He was in severe pain at the time.

Late that day, two other friends of Nihal, namely Kumara and Sumith Haputhantri, were also arrested by the same policemen, PC Bandara and Kaldera. The two men were also taken to the police station where they were severely tortured. Kumara suffered severe burn injuries on his body. The police confiscated several items from the victim’s home, including a bicycle and a radio.

On 11 December 2005 one of the victim’s brothers informed the Human Rights Commission (HRC) by calling them through their ‘torture hotline’ regarding the illegal detention and torture of the three victims. However, despite being notified, the HRC has reportedly taken no immediate action on the case.


SUGGESTED ACTION:

Please send letters to the relevant persons listed below and raise your concern regarding this case.

Suggested letter:


Dear _________,

SRI LANKA: Arbitrary detention and torture of three men by the Horana police

Name of the victims: Nihal Kithsiri (30), married with one child; occupation – casual labourer; and two of his friends, Kumara and Sumith Haputhatri
Date and place of incident: 7 December 2005 at the Horana Police station
Alleged perpetrators: SI Silva, PC Bandara and Kaldera, all of the Horana police station

I am writing to draw your attention to a case regarding three men, namely Nihal Kithsiri (30) and his friends – Kumara and Sumith Haputhatri who are presently detained at the Horana police following their arrest on 7 December 2005. It has come to my attention that the three men were allegedly severely tortured and assaulted by PC Bandara and Kaldera during their arrest.

I am appalled to learn that two of the victims - Nihal Kithsiri and Kumara – suffered severe injuries while in police custody. Nihal suffered immense pain and had traces of torture injuries all over his body while Kumara had severe burn injuries. Another victim,  Sumith Haputhantri, was also tortured.

I am deeply concerned that even though the Human Rights Commission (HRC) has been informed by one of the victims’ relatives regarding the illegal detention and severe torture of the three victims, they have reportedly failed to take immediate action. If there are no charges against the victims or justification for their detention, they must be released from police custody without delay.

I urge your strong intervention to ensure that an impartial investigation is conducted regarding this case. The Human Rights Commission (HRC) must take immediate action regarding the complaint of torture by the victim’s family. Immediate sanction and restrictions must be imposed upon the policemen involved once the investigation commences. If the allegations are found to be true, they must be indicted for violation of the Convention against Torture Act No. 22 of 1994.

Further, I urge the Judicial Medical Officer (JMO) to conduct medical examinations upon the victims. The JMO must also afford the victims with appropriate medical assistance and rehabilitation. The concerned Government agencies must likewise recommend for provision of security and protection to the victims and their family should there be threats on their life in pursuing the case.

I trust that you will take action in this case.

Yours sincerely,


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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. 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. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

6. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.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 22 917 9016 (general)
E-mail: ssyed@ohchr.org

8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-238-2005
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.