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SRI LANKA: Police brutality, threat and torture against civilians

July 21, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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22 July 2002
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UA-33-2002: The case of police brutality and threat
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SRI LANKA: Police brutality, threat and torture against civilians
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- Names of victim: Arthur Vithanage (60) and Anusha Vithana (20), father and daughter, No. 504, Aluthgampara, Ovitigala, Matugama
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- Date of the incident: 30 June 2002
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- Perpetrators: Officers attached to Matugama Police Station, including Sub-Inspector Thennekone, Sergeant Ajith Vithana, PC 26166 Liyanage and PC 13543 Anil in the presence of about 15 others.
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CASE DETAILS
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At about 1:00pm the group of police officers arrived at the house of Arthur Vithanage in police jeep no. GB-8466. Only the driver wore a uniform. Sub-Inspector Thennekone entered the property saying, &quot;You prostitute dog ('Tho vesa balla'), where is Jayantha?&quot; [Jayantha is the son of Arthur Vithanage]. Arthur was beaten with a club and was dragged to the back of the house. While he was dragged he fell down several times. He was pulled up each time he fell down and was beaten up. As the father was been beaten his daughter Anusha ran towards him. Sergeant Vithana beat her with a baton saying, &quot;Go, prostitute girl, find your brother&quot; ('Palayan vesa kelle, ayyawa gihin hoyapan').
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Arthur was dragged into the back of the house and beaten by both Sub Inspector Thennekone and Sergeant Ajith Vithana. The officers remarked, &quot;Let us beat and break the leg of this old felllow, then his son will come running from where ever he is&quot;. When his daughter again intervened saying, &quot;Do not hit my father&quot;, Sub Inspector Thennekone beat her and pushed her. Arthur was then dragged while being beaten to the police jeep by Sergeant Vithana, who shouted, &quot;Get in, you son of a prostitute.&quot; and pushed him inside the police jeep. He was beaten inside the police jeep also, and his head was pushed onto an iron bar. Sergeant Vithana further threatened Anusha, &quot;This old fellow and you, both will be put inside the house and will be burned.&quot; Sub-Inspector Thennekone threatened to rape and kill her and said, &quot;We will kill her after playing with her.&quot;
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Sergeant Vithana further beat Arthur after taking him to the police station. Then he was put inside a police cell. He was taken out only on July 1 at about 12:30pm. He was threatened that his son's hands and legs would be broken. He was told to sign a statement and then put back in the police cell again.
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Authur was produced before a magistrate at about 2:00pm the same day, with the charge of helping a suspect escape, and the magistrate gave him bail.
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Arthur entered the hospital the same day and was hospitalized till July 3. While in hospital he made a complaint to the hospital police. Later he made complaints to the Assistant Superintendent of Police, Kalutara, the Inspector General of Police and the Human Rights Commission of Sri Lanka. However, no action has been taken by any of them regarding this complaint.
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According to the medical report issued by the Medical Officer (Medico Legale) at Kalutara General Hospital, Arthur has the following injuries.
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External injuries
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Ex (1) 2'2&quot; contusion situated back of the right leg
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Internal injuries
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Int (1) Fracture and dislocation of distal pholanx of middle finger of right hand
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SPECIAL INVESTIGATIONS (X-RAY ETC)
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X-ray right hand (19202)
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OPINION
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Fracture and dislocation of distal pholanx of middle finger
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1, Non grievous injuries (Nos) Ex (1)
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2. Grievous injuries (Nos) Int (1) Limb under section 311 of penal code (g)
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3. Injuries sufficient in the ordinary course of nature to cause death (nos)
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4. Injures caused by (a) Blunt Weapon, Nos - Ex (1) Int (1)&quot;
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Anusha has taken Ayurvedic treatment for her injuries and pains.
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The treatment of both Arthur and Anusha is one more instance of Torture, Cruel, Inhuman and Degrading Treatment and Punishment by the Sri Lankan police. Sri Lanka's law against Torture (Act No. 22 of 1994) remains only in the books, and meanwhile police officers behave brutally against civilians.
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The Asian Human Rights Commission condemns (AHRC) both the police and the Government of Sri Lanka for this incident and many other similar incidents routinely occurring in the country. That police officers who commit such acts remain law enforcement officers is not just surprising but truly shocking. Before anything else, the Sri Lankan government must rid its law enforcement agencies of persons who do such barbaric acts and blatantly violate the law. A heavy burden lies with the country's Attorney General - under who there is branch to prosecute torture perpetrators - to act decisively.
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ACTION REQUESTED
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Please write to the prime minister, the inspector general of police (IGP), the attorney general and express your concern about the practice of torture in criminal investigations by the police and to urge them to investigate immediately, and to arrest the perpetuators of this case.
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SAMPLE LETTER
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Dear
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Re: Torture of Authur Vithanage and Anusha Vithana (Father and Daughter) by the Matugama Police
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I draw your attention to one more case of Torture in Sri Lanka. In this case, torture of the father and the daughter has been for the purpose of arresting another family member.
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The treatment of both Arthur and Anusha is one more instance of Torture, Cruel, Inhuman and Degrading Treatment and Punishment by the Sri Lankan police. Sri Lanka's law against Torture (Act No. 22 of 1994) remains only in the books, and meanwhile police officers behave brutally against civilians.
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I condemn both the police and the Government of Sri Lanka for this incident and many other similar incidents routinely occurring in the country. The police officers who commit such acts remain law enforcement officers is not just surprising but truly shocking. Before anything else, the Sri Lankan government must rid its law enforcement agencies of persons who do such barbaric acts and blatantly violate the law.
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I urge you to take action to bring the perpetrates to bring to justice, compensate the victims and to reform the police.
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Thank you for your attention.
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PLEASE SEND LETTERS BY FAX OR EMAIL TO;
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1. Hon. Prime Minister
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Mr. Ranil Wickremasinghe
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Cambridge Place
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Colombo 7
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SRI LANKA
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Fax: 941 682905 or 542919 (Secretary to the PM)
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Email: secpm@sltnet.lk (Secretary to the PM)
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SALUTATION: Hon. Prime Minister
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2. Hon. Mr. K.C. Kamalasabesan
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Attorney General
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Attorney - General's Department
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Colombo 12
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SRI LANKA
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Fax: +941 436421
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SALUTATION: Dear Attorney General
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3. Mr. B.L.V. Kodituwakku
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Inspector General of Police
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New Secretariat,
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Colombo 1,
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SRI LANKA
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Fax: +94 1 446174
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Also send a copy of your letter to;
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1. Secretary
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Human Rights Commission of Sri Lanka
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Kynsey Road, Borella, Colombo 8
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SRL LANKA
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Fax: +941 694 924
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Email: sechrc@sltnet.lk
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2. Mr. Theo C. van Boven
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Special Rapporteur of the Commission on Human Rights on the question of torture
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OHCHR-UNOG
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8-14 Avenue de la Paix
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1211 Geneva 10,
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Switzerland
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Fax: +41 22 917-9016
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E-mail: secrt.hchr@unog.ch
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Please mark &quot;URGENT ATTENTION: MR. VAN BOVEN&quot;
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Document Type :
Urgent Appeal Case
Document ID :
UA-33-2002
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.