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SRI LANKA: Kalutara South police tortured a man in order to fabricate charges

October 22, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 October 2007
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UA-303-2007: SRI LANKA: Kalutara South police tortured a man in order to fabricate charges

SRI LANKA: Torture; inhuman and degrading treatment; police assault; threats
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the prolonged and brutally torture of a man by the Kalutara South police, Sri Lanka on 14 October 2007. The police took him to the police station where started assaulting with a wooden baton, suffocating him by slamming water from a hosepipe onto his face, trying a bag filed with petrol over his face and applying balm on his wounds, penis and anus. While torturing the victim, they demanded him to confess to possessing arms, which he strongly denied.

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

On 14 October 2007 about 12:30pm M.I. Fausil Ameen (27) and another man named Gratian were riding a motorcycle when they were stopped for a traffic offence by about 8 policemen also on motorbikes. The policemen searched them and had allegedly discovered a gold chain in Gratian's trouser pocket. The two were then taken to the Kalutara South police station where Sub Inspector (SI) Tennakoon of the Traffic Branch interrogated them and recorded their statement. Thereafter the victim was locked in a police holding cell.

According to Mr. Ameen, around 9pm that day Officer in Charge (OIC) Udayanga ordered a policeman named Palitha to escort him to the OIC's office. Then OIC Udayanga instructed him to remove his clothes and accordingly he had removed his vest and T-shirt. OIC Udayanga then took a baton pole about 1 ½ feet in length and brutally assaulted the victim several times on his back and neck - pulling the victim head down in front - before each blow. Due to the severity of the assault, the victim says he fell down several times. But each time, the OIC forced him to stand up and continued the assault. After some time, the victim felt faintish and lost count of how many times he was assaulted. Eventually the victim had been dragged back to the holding cell by policeman Palitha who told him to put on his clothes.

But his ordeal was not over. According to the victim, around midnight another policeman visited his cell. The victim was handcuffed and taken down a flight of steps to what looked like a bathing room. Again, OIC Udayanga was present this time accompanied by 5 other policemen. OIC Udayanga removed the victim's handcuffs, forced him to strip completely naked and lay face upwards, on a bench. Taking rope, he then tied the victim's body to the bench and cuffed his feet together. On OIC Udayanga's instructions one policeman fixed a hosepipe to a water tap. The OIC then tied the victim's face and head with his vest and slammed water from the hosepipe onto his face. The victim struggled desperately as he found himself suffocating under the water pressure on his face, nose and mouth. Soon he lost consciousness.

This treatment continued each time he regained consciousness. After a while OIC Udayanga had removed the clothing covering the victim's face and head and inserted the hosepipe into his mouth. Another policeman tightened the victim's lips around the hose while the water tap was opened - choking the victim and making blood and phlegm spurt out of his nose and mouth. Once again the victim became unconscious. This time when he regained consciousness, he was kicked and assaulted all over his body by the policemen around him. The police proceeded to yet another stage of torture by filling a shopping bag with petrol and tying it around the victim's head. Again the victim fell unconscious and when he awoke they struck him many times with a cane. Finally the victim was untied and told to wear his clothes. He was handcuffed and dragged out of the police station from the rear exit. The victim also says that throughout his torture, the police continuously demand he confess to possessing weapons - he did not have.

Outside the station, the victim says he was thrown into a police jeep and driven to a lonely place. He was told to kneel down on the ground and a pistol-like object was forced into his hands. The police then told him to run. But the victim resisted - partly because he was unable to and partly because he was suspicious of the policemen's motives. So they took him to the Kalutara Bridge and told to jump into the river below. Again, the victim had refused. Finally, the police had taken him back to the police station and he was locked up. According to the victim, he was quite disoriented by then and is unable to say exactly what time all these events took place.

Next morning, October 15, the victim says he was again taken to the bathroom and forced to re-live the terrible ordeal of the previous day. That is, he had been once again stripped and tied to the bench with his feet cuffed. Again his head and face was tied and water from the hose was splashed on his face - choking and suffocating him. Again a shopping bag filled with petrol was tied around his head and face and he fell unconscious. When he regained consciousness, he had been untied from the bench but his hands were still cuffed. This time however the policemen applied 'Siddhalepa' ointment (a strong balm similar to Chinese Tiger balm) on his wounds as well as his penis and anus. The water hose was once again focused in full force on his body. The pain caused by the ointment and water pressure was unbearable and he had screamed in agony.

Finally after what seemed a never-ending nightmare, his handcuffs were removed and he was told to put his trousers on. But even while he dressed, he was continuously hit and kicked. Again the victim became disoriented and is unable to tell at what time or for how long the torture continued. But he says this time; about 6 policemen were involved.

The police took the victim to the Crimes Branch office, forced him to sit on the floor and handcuffed him to a table leg. From time to time, OIC Udayanga kicked him. One time, according to the victim, OIC Udayanga brought petrol in a bottle and threw it into his face. His fingerprints were taken and he was then produced in court about 2:30pm. Luckily, his family members had managed to retain a lawyer to appear on his behalf and he was released on bail. However not a word about the terrible torture inflicted on his person was mentioned in court. That same evening the victim visited the Kalubowila Teaching Hospital and was admitted to the accident service ward. On October 17, he was transferred to Ward 26 of the same hospital and continued to receive medical treatment for the many injuries he had sustained. (For the torture marks on his body, please see the photo 1, photo 2, photo 3, photo 4, photo 5, photo 6 and photo 7)

Despite his physical and mental injuries caused by the police torture, the victim has already complained in writing to all the relevant authorities including the Chairman, Human Rights Commission of Sri Lanka, Chairman National Police Commission (NPC), Inspector General of Police (IGP), Deputy Inspector General (DIG-Legal branch) and the Senior Superintendent of Police (SSP), Kalutara. The victim has urged these authorities to immediately investigate and inquire into the incident and take appropriate disciplinary and legal action against OIC Udayanga and the other policemen of the Kalutara South Police Station for the enormous pain and suffering caused to him and for the breach of his fundamental rights guaranteed under the constitution.

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 severely and brutally subjected the victim to the most hideous and degrading forms of torture and thereby caused his serious injuries. Please also urge them to ensure 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: Kalutara South police tortured a man in order to fabricate charges

Name of victim: Mohamed Ibrahim Fausil Ameen (27), married, a tour guide by occupation, residence of  20/8, Cooray Road, Wettumaka Kada Handiya, Kalutara South in the Kalutara District, Sri Lanka
Name of alleged perpetrators: Officer In Charge (OIC) Udayanga and other policemen of the Kalutara South police station, Kalutara Dist I, Kalutara Division
Place of incident: Within the precincts of the Kalutara South police station
Date of incident: 14 and 15 October 2007

I am writing to you to express my deep concern about the alleged brutal torture and attempted murder of 27-year-old M.I. Fausil Ameen by the Kalutara South Police including Officer in Charge (OIC) Udayanga who repeatedly subjected the victim to some of the most inhuman and degrading methods of torture. According to the victim among other things, he was assaulted with a wooden baton on his back and neck, suffocated by having water slammed onto his face and by being forced to inhale petrol fumes. The police had also allegedly attempted to kill him by coercing him to jump from the Kalutara Bridge.

Accordingly to information I have received, on 14 October 2007 about 12.30 pm the victim was riding a motorbike with another man when they were stopped for a traffic offence by about 8 policemen who searched them and found a gold chain in the other man's pocket. The victim had been taken to the Kalutara South Police Station where his statement was recorded and he was locked in a cell. According to the victim, around 9pm Officer in Charge (OIC) Udayanga had the victim escorted to his office room where he instructed the victim to remove his clothes. Then, taking a baton pole about 1 ½ feet in length he assaulted the victim several times on his back and neck - pulling the victim head down in front before each blow. And though the victim fell down several times, the OIC forced him to stand up and resumed the assault. The victim was then dragged back to the cell.

According to information received, around midnight again the victim was handcuffed and taken down a flight of steps to a bathing room. OIC Udayanga was present this time accompanied by 5 other policemen. The OIC removed the victim's handcuffs, forced him to strip completely naked and lay face upwards, on a bench. OIC Udayanga tied the victim's body to the bench with rope and also cuffed his feet. The OIC tied the victim's face and head with his vest and slammed water from a hosepipe onto his face. The victim struggled as he found himself suffocating under the water pressure on his face, nose and mouth and soon lost consciousness. This treatment continued each time he regained consciousness.  After a while OIC Udayanga had removed the clothing covering the victim's face and head and inserted the hosepipe into his mouth - choking the victim and making blood and phlegm spurt out of his nose and mouth. Once again the victim became unconscious. When he regained consciousness, he was kicked and assaulted all over his body by the policemen around him.

I am informed that thereafter the policemen filled a shopping bag with petrol and tied it around the victim's neck - forcing him to breathe in the fumes. Again the victim fell unconscious and when he awoke they struck him many times with a cane. Throughout his ordeal the police demanded he confess to possessing weapons - he strongly denied having. He was dragged out of the police station from the rear exit and thrown into a police jeep. According to the victim was taken to a lonely spot where the police put a pistol-like object into his hands and told him to run. But he did not. They then took him to the Kalutara Bridge and told to jump - which again he refused. He was taken back and locked up.

I am also informed that on 15 October 2007 the victim was once again taken to the bathing room, stripped naked and tied to the bench. Again his face was tied and water from the hose was slammed onto his face. Again, a petrol-filled bag was tied around his head and face and he fell unconscious. Thereafter the policemen untied him from the bench and applied 'Siddhalepa' ointment (a strong balm similar to Chinese Tiger balm) on his wounds as well as his penis and anus.  The water hose was once again focused in full force on his body. The pain caused by the ointment and water pressure had been unbearable causing him to scream in agony. Finally his handcuffs were removed he was told to put his trousers on - but the beating and kicking continued.

According to information received, the victim was taken to the Crimes Branch office and his fingerprints were taken and then about 2:30pm he was produced in court and released on bail. That same evening the victim was admitted to the Accident Service of the Kalubowila Teaching Hospital. On October 17 he was transferred to Ward 26 of the same hospital and continued to receive medical treatment for the many injuries he had sustained. However he managed to complain in writing to the relevant authorities about the terrible torture he had endured at the Kalutara South Police Station.

Therefore on behalf of this victim of horrific and unspeakable police brutality, I urge that you to conduct an immediate and impartial investigation and inquiry into the victim's complaint against the Kalutara South Police—especially OIC Udayanga and thereafter take severe disciplinary and legal action against the alleged perpetrators. I also urge you to afford the victim adequate compensation for the physical, mental, economic and social consequences he has suffered and in fact continues to suffer 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-303-2007
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.