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SRI LANKA: Torture to death of a young scientist

July 23, 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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24 July 2002
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UA-34-2002: Torture to death of a young scientist
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SRI LANKA: Torture to death by the police; No investigation and punishment
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- Full Name of the Victim: Maldeni Kamkanamlage Piyaratne (33)
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- Residential Address: 239/C/A, Daduwawa, Peradeniya
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- Date of Torture by police: July 3, 2002
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- Date of Death: July 3, 2002
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- Name of the Complainant: H.H.M. Nilmini Heart (wife of the victim)
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- Complainant¡¯s present address: 145, Galenbidunuwewa
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- Relevant Police Station: Peradeniya
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- Name of the Officer-in-Charge of this station: Police Inspector. K.M.S. Bovela
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- Post Mortem Inquiry conducted by: JMO-Kandy Hospital
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- The Case Report Number: B-53559/2002
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CASE DETAILS
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Maldeni Kankanamage Piyaratne was born on Nov. 18, 1969. He entered Peradeniya University in 1991 to study biological sciences and obtained a special degree in zoology in 1996. He was married in 1997 and had one daughter.
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After graduation, he joined a research project conducted by the International Water Management Institute (IIMI) in collaboration with the University of Peradeniya as a research assistant and was based in the same department where he had studied: the Dept. of Zoology of the University of Peradeniya. His supervisors were Prof. Felix Amerasinghe and Dr. Priyani Amerasinghe of the same department.
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Because Piyaratne had a fever, his wife admitted him to the Peradeniya Teaching Hospital on June 29, 2002. Before admission to the hospital, blood tests were taken at the Asiri Medical Laboratory in Bogambara, and the test reports showed that the blood was normal. After admission to the hospital, blood samples were again taken and sent for a report to the Durdens private laboratory in Bogambara. The report was received on July 3, 2002.
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Piyaratne'S wife, Nilmini Herat, had seen him at the hospital on the morning of July 3, 2002, and he had been quite normal and talked to her in the usual way. A little later a colleague of Piyaratne's, named Ranasinghe, called Nilmini Herat at about 10:30 and said that her husband was being beaten by the police near the Gatabe Temple. This colleague, who had been passing the place on a bus, had seen Piyaratne being beaten and had intervened. The colleague told the police of his and Piyaratne's identity and asked them not to beat Piyaratne. At this time, Piyaratne still had a canula attached to his hand and was wearing the sarong he had been wearing in the hospital.
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The colleague was chased away, and Piyaratne was taken to the Peradeniya police station, which was nearby, and beaten further. The colleague rushed to the university and came back to the police station with Prof. Parakkrama Karunaratne to intervene on behalf of Piyaratne. The time it took for the colleague to return with Prof. Parakkrama Karunaratne was no more than 30 minutes. When the colleague and the professor arrived, the police station was being washed, and they were told by the police that Piyaratne had been taken to the hospital. At the same time, Piyaratne's wife also arrived at the police station and saw that the police station was being washed to clean it of blood.
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Piyaratne's wife rushed to the Paradeniya Teaching Hospital and saw her husband on a trolley. There were wounds on his hands and face, and he was bleeding. His hands and feet were bound with iron cuffs. He was still alive. His wife said, &quot;the doctors had attempted to give him oxygen but were unable to do so because his hands and feet were locked.&quot; The police went back to get the keys for the locks. By the time they returned, Piyaratne was dead.
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Piyaratne's wife immediately lodged a complaint stating that the Peradeniya police were responsible for her husband's death.
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There is speculation as to how Piyaratne came to be out of the hospital not long after his wife had seen him in the hospital. It is believed that some injection, which might have been administered to him, may have caused some mental disorientation. However, there is no medically confirmed explanation on this matter. In fact, there has been no inquiry into the matter at all.
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The following factors stand out in relation to this case:
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1. The time gap between the beatings and Piyaratne's death is very short. The whole incident had taken only approximately 45 minutes and had resulted in the victim's death. This suggests extremely brutal types of assault.
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2. Injuries were on the head as well as other parts of the body.
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3. When the police had beaten him, Piyaratne still had the canula attached to his hand, which clearly indicates that he had been in the hospital.
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4. The police had not listened to Piyaratne's colleague begging them not to beat Piyaratne.
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5. When his colleague had seen Piyaratne when he was in the police station, he had been handcuffed with his hands behind him, but his dead body had been handcuffed with his hands to his front, and his feet were also cuffed.
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6. The police station had been hurriedly washed after Piyratne's body was returned to the hospital.
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7. The hospital authorities too are answerable to the charge of negligence, for not being responsible and for not looking after a patient who was in their custody.
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The victim's wife feels that no proper inquiries have been conducted, and there is an attempt to hush-up the incident.
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SUGGESTED ACTION
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Please write to the prime minister, the inspector general of police (IGP), the attorney general and the secretary of the National Human Rights Commission of Sri Lanka in order to urge them to take investigation into this tragic incident. Also send copies of your letter to the minister of health and the special repporteur of UN.
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SAMPLE LETTER
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Re.: Request for special inquiry by Criminal Investigation Dept.
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I am shocked to learn about the case of Maldeni Kamkanamlage Piyaratne, a scientist attached to a project with Peradeniya University who was allegedly beaten to death by officers of the Kandy police while he was ill and receiving treatment at the Peradeniya Teaching Hospital.
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It is difficult to believe that a patient receiving treatment in a reputed hospital died in this manner. The feelings of his young wife with a little child after this turn of events is heartbreaking to imagine. What is worse is that there seems to be a comprehensive attempt to misinform the family and public about what really happened. The State does not seem to have done what it should when such tragic events occur, which is to reveal the truth. This is the duty that the State owes to the family and the public. A closer study of the case suggests a brutal killing by the police. This has been followed by blatant lying. Will the State allow this to continue? What value is attached to life? What value is attached to public institutions, such as the hospital and police? These are very disturbing questions that one cannot but ask when confronted with such events.
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We urge you to take all of the necessary steps to see that the truth is revealed, that justice is done and that the family is compensated. The family and nation have lost a well-trained, young scientist by sheer callousness and wantonness of some public authorities.
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I am sure you will take action to investigate this matter through a special investigating team.
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Thank you for your attention.
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Sincerely yours,
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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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4. 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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Also send copies of your letter to;
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1. Hon. P. Dayaratne
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Minister of Health
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385,Suwasiripaya,
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Wimalawansha Mawatha,
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Colombo 10,
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SRI LANKA
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Tel: +941 675463
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Fax: +941 694227
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Email: dinfo@sltnet.lk
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SALUTATION: Dear Minister
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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-34-2002
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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.