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SRI LANKA: Brutal torture of a fisherman by Weligama police

September 28, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

29 September 2006
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UA-323-2006: SRI LANKA: Brutal torture of a fisherman by Weligama police

SRI LANKA: Torture; police brutality and corruption; illegal arrest; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest and brutal torture of Mr. P. Gnanasiri and the vicious assault of members of his family, by officers of the Weligama police in Matara district II, Matara division, Sri Lanka on 13 September 2006.

Mr. Gnanasiri, a fisherman in the southern coastal town of Weligama, was internally displaced by the tsunami of December 2004. Since then, he, his wife Mallika and their five children have been living in the ramshackle Weligama camp for internally displaced persons (IDPs).

On 13 September 2006, Mr. Gnanasiri had a heated argument with one of his neighbours in the camp. That same evening, at around 7:30pm, two policemen attached to the Traffic Division of the Weligama Police Station visited his tent. The officers verbally abused him, using foul and offensive language, and then arrested him- without producing a valid warrant.

Mr. Gnanasiri claims that he requested the officers not to use such abusive and offensive language in the presence of his family. In response, one of the policemen is reported to have said; "We will teach you a lesson not in word, but by deed", and started to severely beat Mr. Gnanasiri. The policemen then handcuffed him to a tent pole, and continued in their inhumane assault of Mr. Gnanasiri for a period of around 20 minutes. Then, Mr. Gnanasiri claims that he saw one of the policemen making a telephone call to the Weligama Police Station. A few minutes later, several policemen arrived at the scene, in police jeeps, and joined in the brutal assault of Mr. Gnanasiri.

Mr. Gnanasiri's wife Mallika, seeing this merciless attack on her husband, began to weep profusely, begging the police officers to desist in their assault. In response, one of the officers viciously assaulted Mrs. Gnanasiri, kicking her hard on her spinal cord. Seeing their parents being viciously beaten by so-called law-enforcement officers, their children too began to cry. The police officers then allegedly assaulted the children; one of their daughters, a twelve-year-old girl was also kicked in her spine and then thrown over a table to the ground, while their nine-year-old son was aggressively slapped several times on his face.

Mallika's sister, Chandralatha, seeing this inhumane assault, bravely questioned the police officers as to what her sister and family could possibly have done to deserve such a brutal attack. An officer then began to beat her severely, and dragged her by her hair into one of the police jeeps. They then forced Mr. Gnanasiri into the jeep, before proceeding to the nearby Weligama Police Station. Inside the jeep, Mr. Gnanasiri claims that he was pushed to the ground while several officers aggressively trampled and kicked him with their heavy boots- all the way to the station.

At the station, Chandralatha, was forced to sit on a bench and witness the further brutal attack and torture of her brother-in-law; this time with heavy wooden poles. Apparently, Mr. Gnanasiri repeatedly told the officers that he was still slowly recovering from prior injuries suffered in a motorcycle accident, but they continued in their wreaking of terror and torture nonetheless.

The police officers later removed Mr. Gnanasiri's handcuffs and pushed him into a police holding-cell overnight, where he was deprived of food, water and medication. In addition, the police did not allow any of his family members to visit him- even though they had come to the station with that very same purpose.

The next day- 14 September 2006- at around 10:00am, officers took both Mr. Gnanasiri and Chandralatha to the Matara Magistrate's Court, by police van. On their way to the Magistrate's court, they passed by Mr. Gnanasiri's wife and told her to also get into the vehicle- but officers later demanded money from the wife for the van journey.

At the Magistrate's court, Mr. Gnanasiri was fined Rs. 5000 (USD 50) by the Magistrate. But he insists that at no time during his arrest, torture, detention and court-visit, was he informed of the charges filed against him, nor was he asked at the Magistrate's court whether he wanted to plead guilty, or not-guilty; two of the most basic fundamental rights of any civilian facing legal prosecution. Meanwhile, his sister-in-law, Chandralatha was charged with 'obstruction of police duty'; her case is scheduled for 17 January 2007.

On 15 September 2006, Mr. Gnanasiri's condition took a turn for the worse, and he was rushed to the nearby Matara Hospital, where he was warded in Ward no. 22, for a period of several days. That same night, his statement in which he detailed his ordeal, was recorded by the Matara Hospital Police. The Judicial Medical Officer (JMO) also recorded his statement, but did not perform any further medical examination of Mr. Gnanasiri's torture-inflicted injuries. His wife, Mallika was also warded in the same hospital for the grievous assault-injuries caused to her by the accused Weligama police officers.

Mr. Gnanasiri is adamant that the reason for his torture and unwarranted arrest is because the neighbour with whom he had had a dispute in the Weligama IDP camp, has close personal associations with officers of the Weligama police. Thus, he believes that the police officers of the Weligama Police Station manipulated their positions of state-appointed authority and power in settling a personal score, on behalf of their close, personal friend.

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and ethical denunciation of the brutish abuse and perversion of state-appointed authority by the accused officers of the Weligama police, in their unwarranted arrest, fabrication of charges and subsequent malicious and brutal torture of Mr. P. Gnanasiri, as well as their vicious assault of members of his family, including his five children.

To support this appeal, please click:  

Sample letter:

Dear __________,

SRI LANKA: Brutal police torture of a fisherman by Weligama police

Name of victim:
1. Mr. P. Gnanasiri; a 44-year-old local fisherman, now resident of the Weligama camp for internally displaced persons (IDPs)of the 2004 tsunami
2. Ms. Chandralatha, the victim 1's sister-in-law
3. Ms. Mallika, the victim 1's wife
4. A twelve-year-old daughter and a nine-year-old son of the victim 1
Alleged perpetrators:
1. Officers attached to the Weligama Police Station in Matara district II, Matara division, Sri Lanka
2. Unidentified resident of the Weligama camp for IDPs with whom Mr. Gnanasiri had had a disagreement
Date of incident: 13 September 2006
Place of incident: Weligama camp for IDPs and Weligama Police Station

I am writing to voice my deep concern regarding illegal arrest and subsequent brutal torture of Mr. P. Gnanasiri and the vicious assault of members of his family, by officers of the Weligama Police Station in Matara district II, Matara division, Sri Lanka on 13 September 2006. Mr. Gnanasiri, a fisherman in the southern coastal town of Weligama, who was internally displaced by the tsunami of December 2004, has been living with his wife Mallika and his five children in the Weligama camp for internally displaced persons (IDPs). This incident took place soon after the victim had a heated argument with one of his neigbours in the Weligama camp, who has allegedly close personal associations with the Weligama police.

To describe details of the incident, at around 7:30pm on the same evening after having an argument with his neighbour, two policemen attached to the Traffic Division of the Weligama Police Station came to his tent, verbally abused him and arrested him- without producing a valid warrant. When the victim asked the officers not to use such abusive language in the presence of his family, the policemen brutally assaulted him, saying “We will teach you a lesson not in word, but by deed”.  Soon after, several policemen arrived at the scene, in police jeeps, and joined in the brutal assault of the victim. 

I was also informed that Mr. Gnanasiri's wife Mallika, his sister-in-law Chandralatha, and his five young children were also viciously attacked by the accused police officers, when they attempted to intervene on Mr. Gnanasiri's behalf. They then took Mr. Gnanasiri and his sister-in-law Chandralatha to the Weligama Police Station. Inside the jeep, the victim was again assaulted by several officers all the way to the station. At the station, Mr. Gnanasiri was further brutally tortured by the police with heavy wooden poles. He repeatedly told the officers that he was still slowly recovering from prior injuries suffered in a motorcycle accident, but they did not stop the beating. The police then put him into a police lock-up overnight, where he was deprived of food, water and medication. In addition, the police did not allow any of his family members to see him.

On the next day (September 14) at around 10am, Mr. Gnanasiri and Ms. Chandralatha were produced before the Matara Magistrate's Court, where the magistrate fined Mr. Gnanasiri Rs. 5000 (50 USD). But he insists that at no time during his arrest, torture, detention and court-visit, was he informed of the charges filed against him, and nor was he asked at the Magistrate's Court whether he wanted to plead guilty, or not-guilty. He further insists that the police implicated him with fabricated charges. Meanwhile, Ms. Chandralatha was charged with ‘obstruction of police duty', and her case is scheduled for 17 January 2007.

After his release, as his condition became worse, on September 15, Mr. Gnanasiri was warded in the Matara Hospital, where he was treated for several days. That same night, the Matara Hospital Police and the Judicial Medical Officer (JMO) recorded his statement regarding the incident. His wife was also warded in the same hospital for the injuries caused by the Weligama police.

I am utterly appalled and disgusted by the monstrous behaviour demonstrated by the accused officers of the Weligama police in this incident, and am deeply disturbed by their flagrant abuse of their state-appointed positions of authority, and of domestic legislative procedure, in what amounts to nothing more than the settling of a personal score.

The fabrication of criminal charges, illegal arrest and torture of a person on the basis is in direct violation of the UN Convention against Torture, to which Sri Lanka is a State party. It is my understanding that the total abuse of the Law and State-appointed authority by the police is not an exception, but rather a routine reality in Sri Lanka. This is simply unacceptable.

Therefore, I strongly urge you to adopt all necessary measures in ensuring that Mr. Gnanasiri's case receives the prompt and proper investigation that it deserves. The alleged perpetrators must be charged under CAT Act No. 22 of 1994 and be suspend from their duties while the investigation is pending. Also, the alleged fabricated charges (of which Mr. Gnanasiri is still uninformed) against Mr. Gnanasiri should be dropped without delay, and Mr. Gnanasiri and his family, should be provided adequate compensation for the grievous physical and mental trauma inflicted upon them.

Torture has been recognized as a criminal offense of the highest severity under the UN Convention against Torture; and should therefore be treated as such. I look forward to your prompt and effective response in this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk

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

3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.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. 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

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-323-2006
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.