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SRI LANKA: Police assault on a man for refusing to pay bribe

October 21, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 October 2007
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UA-302-2007: SRI LANKA: Police assault on a man for refusing to pay bribe

SRI LANKA: Police assault; inhuman and degrading treatment; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault on a man by several policemen of the Rakwana police allegedly for refusing to pay a bribe solicited from him on 9 October 2007. Accordingly, when he was travelling on his motor bicycle with a friend, the policemen stopped him and accusing him of traffic violations, asked him for a bribe in return for letting him go. When he refused, he was brutally assaulted with fists and boots - the beating continuing at the Rakwana police station. He was locked up overnight without food or drink. As a result, the victim was hospitalised for 3 days. He later complained about the police assault to the Magistrate and the Judicial Medical Officer.

CASE DETAILS: (based on the victim's testimony)

Mr. M.A. Prasantha Ruwan Kumara (35), being a Lance Corporal (S/404896) in the Sri Lankan Army took seven days leave on 3 October 2007 and went home. At about 9pm on 9 October 2007 he visited his friend Nandana's home, consumed a few beers and together with Nandana took his motor bicycle to a garage nearby to attend to a minor bike repair. The victim admits he was neither wearing a helmet nor carrying his motorbike licence with him - in contravention of traffic law - mainly because he only intended to travel the little distance to and from the garage.  

On route Kumara and his friend were stopped by 5 policemen including Police Constables (PCs) Amarasiri, Benet and another wearing 'No 42706' at Atakalampanna Madampe. The police demanded to know why they were without their helmets. Mr. Kumara tried to explain that as he was only going to a garage nearby he was not carrying his licence nor wearing a helmet. He says, the policemen then shouted at him in obscene and rude language. He requested them not to insult him as he too was an officer of the state - like the police.

One policeman walked up to him and whispered in his ear that if he was willing to pay a small bribe to the policemen, he would be allowed to proceed without any trouble. But Kumara staunchly refused to do any such thing and told them to let him know of their decision. Consequently, another man in civvies came forward and repeated the request. But the victim still refused.

According to Kumara, no sooner had he refused to pay the bribe, policemen Benet, Jayalath and 'No. 42706' pulled him from his bike, threw him on the road and mercilessly assaulted, kicked and trampled him. The victim, Kumara, requested them to stop assaulting him and repeatedly reminded them that he was an army soldier. But the policemen only retorted that the victim's official duties are limited to his area of duty and that this area was under police jurisdiction, thus the victim was 'under' the police. The victim also says the policemen acted as if intoxicated and he had got a strong stench of alcohol. Several people of the area also witnessed the assault while his friend too watched helplessly until the police chased him away.

Subsequently, the policemen confiscated the key of his motorbike and forced the victim into a whitish coloured lorry. They pushed him onto the floor and sat on his body - one policeman even trampling his neck with his boots. The victim was taken a short distance in the lorry, then transferred to a police jeep and taken to the Rakwana police station where about 11pm he was locked up in a cell. A little while later the police took him to the Rakwana District hospital to ascertain whether he was intoxicated. He was returned to the station and locked up. On the return journey, the victim says, PC Benet repeatedly and savagely assaulted him all over his body.

Again around 12:30pm the victim heard the voices of the policemen who had brought him in demanding: "'where is that fellow, take him out". Immediately the cell door was opened and the other inmates of the cell were taken to another place. The policemen walked in and cruelly twisting his arm proceeded assault him. He remembers PC Benet bending him forward and striking his spine and neck with his elbow. PC Amarasiri kicked him on his back. The others too had attacked him with their fists and boots repeatedly, after which he was locked up again. The police did not afford him any food or drink, whilst in detention. Towards morning when he requested the police to bring him some tea with his own money, they still refused. Neither did they allow him to inform his family about his whereabouts.

At about 8am on 10 October 2007, the victim was taken outside the cell and allowed to sit on a bench. The Office in charge (OIC) of the police station came in a little later and informed the victims' family that he was in police custody. PC Benet then recorded the victim's statement and forced him to sign it without allowing him an opportunity to read it or explaining its contents. About 11am the victim was taken to the Rakwana Magistrate's Court and charged with driving under the influence of liquor and for not wearing a helmet. The victim informed the Magistrate that he was assaulted by the police. He was released on bail and the next court date was fixed for 12 December 2007. That same day, the victim went back to the Rakwana police station and obtained possession of his motor bicycle and keys.  

On October 11, the victim was admitted to ward No 6 at the Ratnapura hospital seeking medical treatment for the injuries sustained from the police assault. He also informed hospital authorities that he was assaulted by the police. On October 13 he was examined by the Judicial Medical Officer (JMO) who he also informed of the police assault. The victim was discharged from hospital on the same day.

The victim has now complained in writing to the relevant authorities including the Chairman, Human Rights Commission of Sri Lanka, Chairman, National Police Commission (NPC), Inspector General of Police (IGP) and Deputy Inspector General (DIG-Legal branch). The victim has urged these authorities to immediately investigate and inquire into the incident and take appropriate disciplinary and legal action against the Rakwana police for the severe assault on his person and also for breaching his fundamental rights guaranteed under the constitution. He has also mentioned that if he had committed any offence the police should have taken due legal action instead of attempting to bribe him and then assaulting him.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate legal and disciplinary action against the alleged perpetrators, who allegedly attempted to bribe the victim and when he refused, repeatedly assaulted him causing him physical injuries. Please also urge them to ensure that that he is paid appropriate compensation for injuries caused and also for the violation of his fundamental rights.    

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Sample letter:

Dear __________,

SRI LANKA: Police assault on a man for refusing to pay bribe

Name of victim:  M.A. Prasantha Ruwan Kumara (35), unmarried, A Lance Corporal (S/404896) of the Sri Lanka Army, residence of Horamula, Demuwatha, Rakwana in the Ratnapura District, Sri Lanka
Name of alleged perpetrators: Police Constables (PCs) Benet, Amarasiri, Jayalath, 'No 42706' and other policemen of the Rakwana police station, Ratnapura Dist. II, Ratnapura Division
Place of incident: On the road at Atakalampanna, Madampe and within the precincts of the Rakwana police station
Date of incident: 9 and 10 October 2007

I am writing to you to express my deep concern about the alleged assault of M.A. Prasantha Ruwan Kumara a 35-year-old Army Lance Corporal by Police Constables (PC) Benet, Amarasiri, Jayalath and others of the Rakwana Police - allegedly for refusing to pay a bribe. The victim had been punched with fists and kicked and trampled by boots - the assault continuing at the Police Station. The assault necessitated him to be hospitalised for 3 days at the Ratnapura Hospital where he informed doctors of the assault.

Accordingly to information I have received, on 9 October 2007 around 9 pm the victim together with a friend, was travelling on his motor bicycle to a garage nearby, when they were stopped by 5 policemen of the Rakwana Police including Police Constables (PCs) Benet, Amarasiri and 'No 42706'. The victim admits at the time, he was not wearing a helmet and did not have his licence with him - in contravention with traffic law. The policemen demanded to know why they were sans their helmets. The victim tried to explain that he was only going to a garage nearby to attend to a minor repair on his motorbike but the policemen had shouted in obscene language.

I am informed that then; one policeman walked up to him and whispered that if he paid a small bribe, he would be allowed to proceed unhindered. The victim refused despite repeated request to do so. As a result, policemen Benet, Jayalath and 'No. 42706' pulled the victim from his bike, threw him on the road and mercilessly assaulted, kicked and trampled him. The victim reminded them that he was an army soldier and to stop assaulting him. But policemen retorted he was not under police jurisdiction and continued their assault. The victim also says that the policemen were intoxicated and he got a strong stench of alcohol. Several people of the area also witnessed the assault while his friend too was watching helplessly until the policemen chased him away. Finally the policemen confiscated the key of his motorbike.

I am also informed that subsequently the victim was taken to the Rakwana Police Station and en route the policemen sat on his body and trampled his neck with their boots. About 11pm he was locked in a cell. Later he was taken to hospital to ascertain whether he was intoxicated but during the return journey, the victim says, PC Benet repeatedly and savagely assaulted him all over his body. Again, around 12:30 pm the policemen returned and pulling him out of the cell repeated their assault. PC Benet allegedly bent his head forward and struck his neck and spine with his elbow while PC Amarasiri had kicked him on his back. The others too had attacked him with their fists and boots repeatedly, after which he was locked up again. He was not afforded any food or drink and neither was he allowed to inform his family about his whereabouts.

According to information, on 10 October 2007, about 8 am the victim was taken outside the cell and PC Benet recorded the victim's statement and forced him to sign it without allowing him an opportunity to read it and without explaining its contents. Thereafter he was produced before the Rakwana Magistrate's Court and charged with driving under the influence of liquor and without wearing a helmet. He informed the Magistrate of the police assault and was released on bail. He then returned to the Rakwana Police Station and took possession of his motor bicycle and keys.  

I am also informed that on 11 October 2007 the victim was admitted to ward No 6 at the Ratnapura Hospital where he informed authorities including the Judicial Medical Officer (JMO) who examined him of the police assault. He spent 3 days in hospital.

Therefore on behalf of this victim of needless police brutality, I urge that you to conduct an immediate and impartial investigation and inquiry into the victim's complaint against the Rakwana Police and thereafter take appropriate disciplinary and legal action against the alleged perpetrators. I also urge you to afford the victim adequate compensation for the physical injuries he has suffered and as a result of this police brutality.

I earnestly look forward to your prompt action into this matter.

Yours truly,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

2. Mr. C.R. De Silva
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk

4. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-302-2007
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.