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SRI LANKA: Torture of a casual labourer by the Dodangoda Police

November 9, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

9 November 2007
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UA-321-2007: SRI LANKA: Torture of a casual labourer by the Dodangoda Police

SRI LANKA: Torture; illegal arrest; police assault; fabrication of charges
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a casual labourer and his friend were brutally assaulted with a copper cable by the Dodangoda Police on 31 October 2007. They were accused of cutting electrical wires, a charge they denied. The Police then allegedly fabricated a case against them in the Matugama magistrate's court.  

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

On 31 October 2007, the victim Dorairaj Jayachandran (28) together with V. Velamuni, J. Jeyaraj and another - all casual labourers - went in a lorry to collect scrap iron as usual. Around 2pm they returned to handover the collected scrap iron to a shop belonging to one 'Lasantha' along Agalawatte Road, in Matugama. While they were unloading the scrap iron from the lorry, crimes branch, Officer in Charge (OIC), Chaminda and 3 other policemen from the Dodangoda Police walked up to them. Only one policeman was in uniform. Without much ado and with no reason afforded, the policemen pushed the victim and his colleagues into a van and took them to the Dodangoda Police Station. En route, the victim and the others were questioned about 'cutting electrical wires' at Malabadawatte. The men denied any knowledge the incident.

Upon reaching the Police Station, Crimes OIC, Chaminda escorted the victim and his friends to a new but unused building within the premises of the police station. The victim was taken to a separate room. OIC Chaminda closed the door and immediately began assaulting the victim with a copper cable all over his body in an inhuman manner. OIC Chaminda stamped on the victim's feet and toes with his boots, injuring the victim's left toe. Thereafter, the men were taken to another building where Mr. Velamuni was taken inside a room and assaulted.

OIC Chaminda recorded their statements and told J. Jeyaraj and the lorry driver leave. The victim was handcuffed together with Mr. Velumuni and ordered to sit on a bench until the following day. They could not rest and were not offered any food or water. On 1 November 2007, about 10am the victim and Mr. Velumuni were taken into separate rooms and their statements recorded. According to the victim, even while his statement was recorded, OIC Chaminda repeatedly assaulted him with the copper cable causing him serious bodily injuries. The victim was then forced to sign the statement; he was not shown its contents, neither was the statement read and explained to him. About 11am the victim and Mr. Velumuni were charged with cutting electrical wires and produced before the Magistrate of Matugama where they were released on bail.

Soon thereafter, the victim and Mr. Velumuni visited the Nagoda Hospital and were admitted to ward no 11 for medical treatment for injuries caused by the police assault. The victim told the doctors about the police assault and made a complaint to the hospital police. On 6 November 2007, he was examined by the Judicial Medical Officer (JMO) to whom he also complained. He was discharged from hospital the same day while Mr. Velumuni continues to be in hospital. On November 2, the victim's father complained to the Human Rights Commission via fax about the police assault.

Subsequently, the victim also complained in writing to the Chairman, Human Rights Commission, Chairman National Police Commission, Inspector General Police (IGP), Deputy Inspector General of Police (DIG-legal) Colombo, and Matugama Senior Superintendent of Police (SSP). In the complaints, he informed them of violation of his fundamental rights by the Dodangoda Police especially OIC Chaminda who illegally arrested him, tortured him and fabricated a case against him. He also urged the authorities to investigate and take appropriate disciplinary and legal action against the alleged perpetrators.
 
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation into the illegal arrest and torture of Dorairaj Jayachandran and take necessary action against the alleged perpetrators.  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:

Suggested letter:

Dear __________,

SRI LANKA: Torture of a casual labourer by the Dodangoda Police

Name of victim: Dorairaj Jayachandran (28), married with 4 children, a casual labourer collecting and selling scrap iron
Place of residence: Malabadawatte, Matugama
Alleged perpetrators: The Dodangoda Police including crimes branch Officer in Charge (OIC) Chaminda
Date of incident: 31 October 2007
Place of incident: Within the precincts of the Dodangoda Police Station, Kalutara Dist. III, Kalutara Diviison, Western Province (South) Range

I am writing to voice my deep concern regarding the assault with a copper cable of Dorairaj Jayachandran (28) by the Dodangoda Police, especially the crimes branch OIC, Chaminda. The Police then allegedly fabricated a charge against him before the magistrate's court of Matugama.

According to information I have received, on 31 October 2007 the victim together with 3 others -- all casual labourers -- were unloading scrap iron near a shop belonging to one 'Lasantha' along Agalawatte Road, in Matugama when OIC Chaminda and 3 other policemen walked up to them. The policemen pushed them into a van and took them to the Dodangoda Police Station; no reason for arrest was given. En route, the police questioned the men about 'cutting electrical wires' at Malabadawatte, a charge they vehemently denied.

I am informed that upon reaching the police station, OIC Chaminda escorted the victim and others to an unused building within the station premises. He took the victim to a separate room, closed the door and assaulted him all over his body with a copper cable. The OIC also stamped on the victim's feet and toes with his boots, injuring the victim's left toe. Thereafter, the men were taken to another building where Mr. Velamuni was taken inside a room and assaulted.

I am also informed that after the others were allowed to leave; the victim and Mr. Velamuni were handcuffed and ordered to sit on a bench until the following day -- no food or water was given. On 1 November 2007, about 10 am the victim was taken to a room and repeatedly assaulted by OIC Chaminda while his statement was recorded. He was forced to sign the statement without being allowed to read it and without its contents been read or explained to him. About 11am the victim and Mr. Velamuni were charged before the magistrate's court of Matugama and released on bail.

According to information received, the same day, the victim was admitted to the Nagoda Hospital and medically treated for injuries sustained from the police assault. He complained to the doctors and hospital police. On 6 November 2007, he was examined by the Judicial Medical Officer (JMO) to whom he also complained. He was discharged from hospital while Mr. Velamuni continues to be warded in hospital.

Therefore, I urge you to conduct an immediate and impartial investigation and inquiry into the victim's complaint against the Dodangoda Police Station especially crimes branch OIC, Chaminda and take legal and disciplinary action the alleged perpetrators. I also urge you to afford the victim adequate compensation for the physical injuries as well as the social and economical consequences he has suffered due to 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-321-2007
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.