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SRI LANKA: Torture of children by the police and abuse of children's rights

July 15, 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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16 July 2002
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UA-30-2002: Police torture children in Hiniduma
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SRI LANKA: Torture of children by the police and abuse of children's rights
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- Names: T. K. Hiran Rasika (10 years old) and E. A. Kasun Madusanka (12 years old)
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- Date: Arrested on July 9, 2002/tortured on July 9 and 10, 2002/released at noon on July 10
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- Perpetrators: Two police officers from the Hiniduma police station
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CASE DETAILS
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Two children studying at Millika Mahavidyala School in Hiniduma, Sri Lanka, were arrested by officers attached to the Hiniduma police station who were investigating a theft which had taken place in the school canteen. One 10-year-old child was in Grade 5, T. K. Hiran Rasika, and the other 12-year-old child was in Grade 8, E. A. Kasun Madusanka.
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At the police station, they were asked to admit their involvement in the theft. To force them to confess, they were hung on beams by their legs and beaten, their hair was pulled with pliers and pins were inserted under their fingernails. Because of this torture by two police officers in the Hiniduma police station, the boys have been hospitalized.
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The incident created a great deal of media attention and was reported on TV and in other mass media. A leading newspaper, Divayina, devoted an editorial to the issue and called for an inquiry. The editorial questioned why this incident of theft was investigated by the police and not the school authorities. It recalled the incident in Ambilipitiya where 28 school children disappeared after a school principal conspired with some soldiers to interfere into a private dispute.
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The Asian Human Rights Commission (AHRC) wishes to point out that this type of situation in which even children are being tortured in Sri Lanka can only occur because the discipline of the police has collapsed and there is widespread use of very gruesome forms of torture practised at police stations throughout the country. Now the habitual use of torture has even been applied to children.
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Higher police officials have not acted fast enough nor with seriousness to the issue of torture. They have instead stated that they await investigations. For an incident like this, an inquiry could have been conducted in a few hours, and actions could have been taken. Instead, the two officers have been transferred to another police station. This reaction is merely to avoid public condemnation and protests.
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Sri Lankan law relating to torture is contained in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act (Act 22 of 1994). This act has incorporated into Sri Lankan law the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was signed in New York on Dec. 10, 1984. By an instrument of accession dated Dec. 14, 1993, and deposited with the secretary-general of the United Nations on Jan. 3, 1994, Sri Lanka has acceded to this convention, and the convention entered into force in Sri Lanka on Feb. 2, 1994.
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A person guilty of an offence under Act 22 of 1994 shall, on conviction after trial by the High Court, be punishable with imprisonment for a term not less than seven years and not exceeding 10 years and a fine not less than 10,000 rupees and not exceeding 50,000 rupees. An offence under this act shall be a cognisable offence and a non-bailable offence within the meaning, and for the purposes, of the Code of Criminal Procedure Act 15 of 1979. The Prosecution of Torture Perpetrators Unit functions under the Dept. of the Attorney General.
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SUGGESTED ACTION
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Please write to the prime minister, attorney general, the minister of education and the National Human Rights Commission of Sri Lanka to condemn use of torture against children and to call for reform of the police force and the entire law enforcement system that can permit such an act to take place.
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SUGGESTED LETTER
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Dear Sir,
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Re.: Torture of children - T. K. Hiran Rasika (10 years old) and E. A. Kasun Madusanka (12 years old) by two officers of the Hiniduma Police Force
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I am really shocked that even children as young as 10 and 12 are being tortured in Sri Lanka. It is even more shocking that even after the exposure of these acts these officers continue to work as police officers.
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We urge you to complete inquiries against these police officers as promptly as possible and to prosecute them as soon as possible under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act (Act 22 of 1994). We also urge that the State bears the cost of the full medical treatment of these children and that they be given the best treatment possible. I further urge the government to compensate the children substantially and adequately. This kind of torture indicates a very deep malaise of the system. I urge that a thorough reform of the system be undertaken to ensure a credible and trustworthy police force.
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Action should also be taken against the school principal and any teachers who have handed over these children to the police. They bear a heavy responsibility for all that has happened. Anyone who could do this type of action against children does not deserve to be a teacher.
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Sincerely yours,
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PLEASE SEND A LETTER BY FAX OR EMAIL TO;
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1. Hon. 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 682905 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: +941 436421
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SALUTATION: Dear Attorney General
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3. Hon. Dr. Karunasena Kodituwakku
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Minister of Human Resources Development, Education and Cultural Affairs
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Isurupaya,
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Sri Jayawardhanapura Kotte,
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Battaramulla, Colombo
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SRI LANKA
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Tel: +941 784832 or 784807
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Fax: +941 784325
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Email: secedu@sltnet.lk (Secretary to the Minister)
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SALUTATION: Dear Minister
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4. 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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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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Document Type :
Urgent Appeal Case
Document ID :
UA-30-2002
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.