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SRI LANKA: A man who tried to help his wounded friend brutally tortured by the Ja-Ela police

December 20, 2005

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ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Urgent Appeal

20 December 2005

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UA-241-2005: SRI LANKA: A man who tried to help his wounded friend brutally tortured by the Ja-Ela police

SRI LANKA: Torture; Police inaction; Rule of law
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Dear friends,

The Asian Human Rights Commission has received information that a man, Kudatanthrige Vasantha, was severely beaten with batons by policemen attached to the Ja-Ela police station on 3 December 2005. The police attacked Vasantha when he tried to help his wounded friend, Sumedha who was assaulted by the Private Security officers at a carnival by taking him to the hospital. Vasantha suffered not only severe injuries on his legs but his teeth and lips were also damaged.

According to the information, Vasantha went to a carnival together with his friends – Suresh and Sajith – when they saw Sumedha wounded and bleeding from his nose. Vasantha tried taking Sumedha to hospital for treatment. However, Police Constable (PC) Chandrananda from the Ja-Ela police who arrived arrived at the spot, started beating on his legs with baton. Another policeman, Sub Inspector (SI) Nimal repeatedly kicked Vasantha for asking them the reason of his arrest. The victim fell to the ground and was later taken to the police station where he was held.

It is also reported that when the victim’s wife – Ms. R. B. D. Sriyalatha Rupasinghe was informed of the assault, she requested the Ja-Ela police to admit her husband to a hospital. However, she was ignored. Ms. Rupasinghe and her brother-in-law then took Vasantha to the hospital for treatment and he was admitted at the Ragama Colombo North Teaching Hospital for eight days.

On December 13, the Officer-in-Charge (OIC) of the Ja-Ela police approached the victim to withdraw his complaint. The victim had earlier given statements to the Ja-Ela and Ragama police stations regarding the incident. While there are persistent efforts by alleged perpetrators for the victim to withdraw his complaint, he has not been placed under any secure protection. As a result of the abuse he suffered, the victim is unable to either manage his business or engage in any other work. Despite this, no compensation or assistance have been afforded to him.

We urge you to intervene and ensure that an independent and impartial investigation is conducted on this case. Please also urge the concerned government agencies to ensure that the victim is reimbursed for his treatment, and adequate compensation and appropriate protection is given. If allegations are found to be true, the alleged perpetrators must be indicted for violation of Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka.

Urgent Appeals programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Kudatanthrige Vasantha (31), living in No. 23 Abhinavarama Road, Ekala. He is a Buddhist and father of two children. Vasantha and his wife – Ms. R. B. D. Sriyalatha Rupasinghe – owned a small transport agency
Alleged perpetrators: Police Constable (PC) Chandrananda and Sub Inspector (SI) Nimal, both are attached to the Ja-Ela police station
Date and place of the incident: 3 December 2005 at a carnival ground in Ja-Ela

Case details:

On 3 December 2005, at around 10pm Kudatanthrige Vasantha went to a carnival together with two friends – Suresh and Sajith. While they were about to leave the grounds, they noticed a commotion some 20 meters away. Approaching to the place they saw a wounded person, identified as Sumedha, on the ground surrounded by the carnival’s private security personnel. He was believed to have been assaulted by the private security personnel manning the carnival grounds. Sumedha was bleeding from his nose. Vasantha knew Sumedha – who is a worker at Loadstar Industries in Ekala.

By then, Vasantha then tried to take Sumedha to the hospital but he was verbally abused by some of the security personnel. At the carnival’s entrance area, four policemen arrived on the scene and surrounded Vasantha. One of the policemen, identified as P.C. Chandrananda, started assaulting Vasantha by hitting him with a baton all over his body. Vasantha fell to the ground following the severe beatings.

The policemen took Vasantha to their service vehicle. The victim was forced to climb the steps of the vehicle despite having difficulty in doing so. One of the policemen inside the vehicle, Sub Inspector (S.I.) Nimal, ordered his men to take Vasantha to their police station. When Vasantha asked the police as to why he was arrested and what his offenses was, PC Chandrananda started assaulting him further. He is alleged to have told the victim: "your voice is too much" and repeatedly beat him on his buttock and on his back. As Vasantha, screamed in pain, he was assaulted by SI Nimal to keep quite. SI Nimal then started kicking Vasantha – which caused his lips to bleed and damaged his teeth.

One of the persons who gathered at the crowd – identified as Roshan immediately went to Vasantha’s place and informed his wife, Ms. R. B. D. Sriyalatha Rupasinghe of the incident. On the early hours of the morning of December 4, Ms. Rupasinghe rushed to the police station, where she saw her husband on the floor in immense pain. She pleaded to the police to take her husband to the hospital but she was ignored. Ms. Rupasinghe started yelling at the policemen responsible for the torture while Vasantha pointed out the policemen who had allegedly assaulted him.

Later Vasantha’s elder brother arrived and took the victim to the Ja-Ela Hospital. The hospital refused to admit Vasantha because of the seriousness of his injury. They were instead told to proceed to another hospital and they approached the Ragama Colombo North Teaching Hospital where Vasantha was admitted for treatment. Subsequently, Ms. Rupasinghe and her brother-in-law went to the Peliyagoda police station to report the incident, but they failed to do so because the police official was not there. They were told to come back during office hours. On returning to the Ja-Ela police station, they met PC Chandrananda, who denied any abuse but accepted that the arrest had been a mistake.

On December 6, policemen from the Ja-Ela took Vasantha’s statement while he was still at the hospital. The next day, other policemen from the Ragama police station approached the victim at the hospital and took his statement. Vasantha had to undergo an orthopedic operation for his fractured leg and was discharged from hospital on December 12. However, unfortunately, he is still unable to either manage his business or engage in any activities due to his injuries.

On December 13, the OIC of the Ja-Ela police visited Vasantha at his residence and asked him to withdraw the complaint but he declined. He was also asked not to pursue any action against the policemen involved in the incident. It is learned that the ASP of the region has taken serious note of the situation.

Meanwhile, there is no news yet on Sumedha – Vasantha’s friend whom the latter was trying to help when assaulted by the private security personnel at the carnival. Sumedha  is yet to be contacted following the incident.

SUGGESTED ACTION:

Please send letters to the addresses listed below and raised your serious concerned regarding Kudatanthrige Vasantha’s case. Vasantha’s alleged perpetrators must be indicted for violation of Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka without delay, if allegations are found to be true. The victim must likewise be afforded appropriate assistance and compensation.

Suggested letter:


Dear _________,

Re: SRI LANKA: A man who tried to help his wounded friend brutally tortured by the Ja-Ela police

Name of the victim: Kudatanthrige Vasantha (31), living in No. 23 Abhinavarama Road, Ekala. He is a Buddhist and father of two children. Vasantha and his wife – Ms. R. B. D. Sriyalatha Rupasinghe – owned a small transport agency
Alleged perpetrators: Police Constable (PC) Chandrananda and Sub Inspector (SI) Nimal, both are attached to the Ja-Ela police station
Date and place of the incident: 3 December 2005 at a carnival ground in Ja-Ela

I am appalled to hear about the brutal torture of a 31-year-old man, Kudatanthrige Vasantha, by the police attached to the Ja-Ela police station on 3 December 2005. Vasantha was assaulted and tortured by the alleged perpetrators, identified as Police Constable (PC) Chandrananda and Sub Inspector (SI) Nimal, when he tried to take his wounded friend, Sumedha, to the hospital.

According to the information received, Vasantha suffered severe injuries on his legs, hands and even his teeth and lips were damage. Vasantha was hospitalized at the Ragama Colombo North Teaching Hospital for eight days. Even though he was discharged from the hospital on December 12, he can no longer carry out other work or to manage his small business due to his injuries.

I am aware that PC Chandrananda, SI Nimal and other policemen attached to the Ja-Ela police station took the victim to the police station without any actual charges. Vasantha was once again beaten severely when he asked for the reasons of his arrest. Even though the policemen at the Ja-Ela police station – where the victim was held – were aware that Vasantha was in urgent need of medical attention, they refused to take the victim to the hospital. Had it not been for the persistent efforts of the victim’s elder brother and his wife, Ms. R. B. D. Sriyalatha Rupasinghe, he would have not been given the urgently required medical attention.

I am deeply concerned of the inadequate action by the concerned government agencies regarding this matter. I have learned that there has been effort by the involved in pressuring Vasantha to withdraw his complaints, but despite this, no appropriate protection has so far been afforded to him and his family. The victim has likewise not been given any assistance or compensation. I strongly urge the concerned government agencies in Sri Lanka to seriously take effective steps in this direction.

If the allegations are found to be true, the policemen involved must be indicted without delay for violation of Convention against Torture Act (CAT) No. 22 of 1994 of Sri Lanka. Immediate sanctions must be imposed against the policemen – they must be suspended from their duties if required, while the investigation is going on.

An inquiry must be conducted into the alleged attempts by some policemen from the Ja-Ela police station to pressure the victim to withdraw his complaints. The Government must ensure that the victim and his family are protected from any further harassment and intimidation in seeking justice and redress.
 
I trust that you will take immediate 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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-241-2005
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.