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SRI LANKA: Another illegal arrest and torture case where a person is declared innocent after severe torture

July 2, 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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3 July 2002
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UA-26-2002: The torture of Eric Antunia Kramer; illegally arrested and tortured by Mutuwal police
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SRI LANKA: Another illegal arrest and torture case where a person is declared innocent after severe torture
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Eric Antunia Kramer, a 43-year-old father of three children, is a welding mechanic for the Ceylon Grain Elevators Ltd., which is located at Rock House Lane, Colombo 15. He has been employed by this company since 1995. The Singaporean-owned Company, which produces poultry food, complained of an attempt to break into the company's safe by an unknown burglar.
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It appears that Eric, a Eurasian, was tortured for two days on May 28 and 29 to determine whether he was involved in this attempted burglary. When the police found out that he knew nothing about the attempted burglary, he was released without any charge being filed.
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CASE DETAILS
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At about 4:30 p.m. on May 28, 2002, Eric was asked by Mr. Piyadasa, a company security officer, to identify two oxygen cylinders that are used for welding, which Eric did. Two other members of the company, Neil Jayaweera and Stanley Christopher, and a police subinspector from the Mutuwal police station also questioned him inside an office of the company's security division about how these oxygen cylinders that could have been used in the attempted burglary were found on the fourth floor of the company. Eric responded that he did not know. He was then taken to the Mutuwal police station in a jeep at about 6:00 p.m. and began to be tortured about an hour later.
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The officer in charge (OIC) of crimes, the subinspector who arrested Eric and two other officers (who can be identified if wearing civilian clothes) began to torture him. The subinspector beat Eric with a leather belt all over his body except his head, and the OIC of crimes slapped him and kicked him twice. He was then held by his hair and taken near the window from where Stanley Christopher could see that Eric was beaten by all four of the police officers.
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Afterwards, Eric was taken to another room by the subinspector and two other officers, told to lay down and beaten on the soles of his feet and all over his body with a leather belt and wooden poles for about two hours. At about 2:00 a.m. on May 29, the OIC of the police had become drunk and put the leather belt around Eric's neck, tightened it and threatened him: &quot;Tell the truth, or you will be killed.&quot; The next day, May 30, Eric was released by the police at about 9:45 p.m.
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On June 3, Eric was taken to the Weralabadda police station where a statement was recorded by a police officer named Perera, and he was kept at the police station overnight. He was questioned by the OIC of that police station at about 10:00 a.m. on June 4. At about 5:00 p.m., this officer called Eric again and told him that he was no longer a suspect in any investigation.
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Eric of 489/1, St. Sebastian Mawatha, Katunayake, is still suffering from the torture inflicted on him as he presently cannot walk properly because of the beatings on the soles of his feet and he has heart pains. Consequently, he has gone to a private hospital where he has received medical tests, and the medical investigation is continuing. Meanwhile, Eric has made a complaint to the chief justice and other authorities.
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ANALYSIS
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The Asian Human Rights Commission (AHRC) has now reported several cases in Sri Lanka that reveal a pattern of using torture as a means to violently try to gather information related to criminal investigations. People are tested about their involvement in crimes by putting them under the test of torture. Eric¡¯s case is a continuation of this trend.
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In Sri Lanka, torture is a crime under Act No. 22 of 1994 with a minimum sentence of seven years and is also a violation of a person¡¯s fundamental rights. However, there is no proper investigation system to prosecute people for this crime, and there is no mechanism for compensating victims. After being tortured, people like Eric are simply declared innocent and are left to take care of themselves.
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The Sri Lankan authorities must be urged to investigate the common practice of torture that is being employed in the country¡¯s police stations, to take legal and disciplinary action against the perpetrators and to formally notify senior police officers to supervise their police stations. As none of these actions are presently taking place despite many complaints and protests, the Sri Lankan government must be seriously condemned for its failure to protect its citizens and its failure to honour its international obligations.
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ACTION REQUESTED
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Please write to the Sri Lankan government and urge them to take the following action:
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1. Inquire into this complaint
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2. Prosecute the officers involved under the Prevention of Torture Act No. 22 of 1994
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3. Pay for the medical costs and provide adequate compensation to the victim
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4. Urge them to implement Act No. 22 of 1994 that prescribes imprisonment for seven years for torture.
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SUGGESTED LETTER
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I strongly condemn the torture of Eric Antunia Kramer. The facts of the case reveal an extreme abuse of power and a total lack of compassion towards human beings. I urge that immediate medical attention be provided to this unfortunate victim of torture, that he receive substantial compensation for the damage done to him by state agents and that the perpetrators be prosecuted under Act No. 22 of 1994 that prescribes imprisonment for seven years for torture.
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However, this law is not of any use if it is not implemented. The number of cases that have been brought to our notice recently clearly show that the State is not taking strong action against officers who engage in torture.
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Thank you for your prompt response to this important matter.
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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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3. Hon. Mr. John Amaratunga
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Minister of Interior
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Ministry of Interior
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Colombo
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SRI LANKA
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Tel: +94 1 430-860
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Fax: +94 1 387-526 or 698 282
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SALUTATION: Dear Minister
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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. 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-26-2002
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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.