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SRI LANKA: Matale police torture a man but no investigation is conducted

October 26, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

26 October 2007
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UA-308-2007: SRI LANKA: Matale police torture a man but no investigation is conducted

SRI LANKA: Police assault; torture; fabrication of charges; no investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture and fabrication of charges, of a man by the Matale police in Sri Lanka, on 26 February 2007. He was brutally kicked and beaten by the police and fabricated charges were laid against him. Despite making a complaint to the Human Rights Commission of Sri Lanka regarding the police torture, no action has been taken.

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

On the night of 26 February 2007, A.A.D.I.A. Attanayake, was quarrelling with his wife over some financial matters. His sister-in-law, Ms. Nilanthi Chaturani Silva, reported their argument to the police by calling the Emergency Hotline. Officers from Matale police station, including Sergeant Ekanayake, Sergeant 54332 Gunawardene, Police Constable 57156 Jayatilaka and a number of village security guards then forcibly entered Mr. Attanayake's house, bound his hands and dragged him to a (police) jeep. While Mr. Attanayake was being taken to the jeep, he was forced to lie on the floor and was severely kicked on his chest, by the policemen with their boots.

Additionally, he was beaten by another officer with a wooden pole, at which point he lost control of his bowels. The victim was then taken to a doctor at the Matale hospital, who examined him for marks of torture. Following his complaint, the doctor made a sketch of the injuries and admitted the victim to the hospital for treatment for the wounds on his body following which Mr. Attanayake was then taken in the same jeep to the Matale police station, where he was again beaten. The victim was not given any food. He was then taken to the minor complaints section and a statement was taken. According to him, he mentioned the police torture but it was recorded in the statement that he was remanded for trespassing and stealing 15,000 rupees (USD 133) on 26 February 2007 and for threatening behaviour on 25 February 2007.

On being admitted to the section for prisoners in the Matale prison, Mr. Attanayake told a Sergeant Major of the torture inflicted by the Matale police. Consequently, the Sergeant Major examined the victim on the understanding that he would also take a statement. In Mr. Attanayake's statement, he included that three members of the Matale police, including Sergeant Ekanayake, had severely beaten him. That night, he was taken to the Kandy prison on Raja Weediya and at around 8:30pm was examined by the Sergeant Major. After giving a statement, under section 761, the victim was then taken to the Bogambara prison. The victim was then taken to the pre-trial detention section, after being produced before the courts with the complaint number B/138/2007, on 26 February 2007, where he was remained until 5 March 2007. After his release, the photos of torture marks on his body were taken immediately. To see the photos, please click photo 1, photo 2, photo 3, photo 4 and photo 5.

The victim has complained to the Human Rights Commission of Sri Lanka regarding the torture by the police but to-date no action has been taken.

The AHRC is gravely concerned by the torture of Mr. Attanayake by the Matale police station. He was beaten by the police at that time of arrest in his house, while taken to the Matale police station in a jeep and inside the police station. This case indicates how poorly trained the police are in dealing with a person. The AHRC is also concerned by the inaction in the investigation even though the victim has complained to the relevant authorities. Immediate investigation should be started without further delay.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation without delay and take immediate legal and disciplinary action against the alleged perpetrators who tortured the victim and fabricated charges against him. Please also urge them to ensure that he is paid appropriate compensation for the injuries caused and also for the violation of his fundamental rights.

To support this appeal, please click here:

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Suggested letter:

Dear __________,

SRI LANKA: Matale police tortured a man but no investigation conducted

Name of victim: A.A.D.I. A. Attanayake, married, resident of No. 39/1, Navajanapadaya Wariyapola, Katudeniya, Matale
Name of alleged perpetrators:
1. Sergeant Ekanayake
2. Sergeant 54332 Gunawardene
3. Police constable 57156 Jayatilaka and a number of unidentified village security guards
Date of incident: 26 February 2007
Place of incident: Matale police station, Matale Dist. I, Matale Division

I am writing to voice my deep concern regarding the alleged fabrication of charges and torture of A.A.D.I. A. Attanayake, by the Matale police, including Sergeant Ekanayake. According to the victim, on the night of 26 February 2007, A.A.D.I.A. Attanayake, was quarrelling with his wife over some financial matters. His sister-in-law, Ms. Nilanthi Chaturani Silva, reported their argument to the police, by calling the Emergency Hotline. The police from Matale police station including Sergeant Ekanayake, Sergeant 54332 Gunawardene, Police Constable 57156 Jayatilaka and a number of village security guards then forcefully entered Mr. Attanayake's house, bound his hands and dragged him to a (police) jeep. While Mr. Attanayake was being taken to the jeep, he was forced to lie on the floor and was severely kicked on his chest, by the policemen with their boots.

I am informed that he was beaten by another officer by a wooden pole, at which point he lost control of his bowels. The victim was then taken to a doctor at the Matale hospital, who examined him for marks of torture. Following his complaint, the doctor, made a sketch of the injuries and admitted the victim to the hospital for treatment for the wounds on his body.

I am also informed that Mr. Attanayake was then taken in the same jeep to the Matale police station, where he was beaten again. The victim was not given any food. He was then taken to the minor complaints section and a statement was taken. Mr. Attanayake included the torture inflicted by the police in his statement. According to him, he mentioned the police torture but the statement only recorded that he was remanded for trespassing and stealing 15,000 rupees (USD 133) on 26 February 2007 and for threatening on 25 February 2007. With this complaint, he was remanded till 5 March 2007.

Even though the victim has complained to the government authorities regarding this police torture, no action has been taken by any authorities till now. Therefore on behalf of this victim of police brutality, I urge that you to conduct an immediate and impartial investigation and inquiry into the victim's complaint against the Matale police without further delay 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 and mental consequences he has suffered and continues to suffer as a result of this police brutality.

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


Yours sincerely,


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PLEASE SEND YOUR LETTER 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
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-308-2007
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.