Home / News / Urgent Appeals / SRI LANKA: Social Worker tortured by police
 

SRI LANKA: Social Worker tortured by police

October 25, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
<br>
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
<br>
26 October 2001 <br>
<br>
--------------------------------------------------------------------- <br>
UA-36-2001: Social Worker tortured by police <br>
<br>
SRI LANKA: Denial of Freedom from Torture, Cruel and Inhumane Treatment <br>
--------------------------------------------------------------------- <br>
<br>
There has been another instance of severe torture of a 'suspect' at the hands of the Sri Lankan police on the 6th of October. The person who suffered the torture was Mr. Namal Fernando, 37, a fulltime social worker and father of three from Pitipana Duwa, Negombo, 32 km from Colombo. It appears to have been a case of mistaken identity - he has now been released from without charge and has been recovering in hospital. We are asking you to write letters on behalf of the torture victim. Details of the incident are as follows: <br>
<br>
CHRONOLOGY OF EVENTS <br>
<br>
On the 6th of October at about 8pm, three police officers and some others in uniform came to the house of Namal Fernando in a white van. Inside the van was Sunanda Appuhamy, who identified Namal. The police took Namal away, saying it was their \&quot;Rajakariya\&quot; (duty to the state) to do so. The police gave neither Namal nor his family any reason for his arrest. At this stage Namal’s wife Fatima Rajan Fernando and brother Gerard also got into the van and they were driven to the house of Herman Sarath Fernando, a friend of Namal, at Wennupuwa. As Sarath Fernando was not at home the police guarded the house and waited for about three hours. At this stage Chaminda Silva, Attorney-at-Law, arrived and took down the numbers of all police officers. The Officer in Charge was Mr. Mathew of the Mundalama police. After that, Namal was put into another police van and taken to Puttlam. <br>
<br>
At about 12.45 the Van was stopped at Madampe and the police drank liquor inside the van. At this stage someone in civil dress hit Namal on the face three times with his fist, causing him to shout in pain. Then the Van was driven to Mundalama police station, about 70km away from Negombo, where one police officer used his hand and foot to assault Namal and then put him inside the police cell. <br>
<br>
At this stage a Catholic priest Gerard Jayawardene came to the police station with a group of others and inquired the reason for Namal’s arrest and the police officer who assaulted Namal said that Namal had threatened him by putting a pistol against his head. Then Namal was put back inside the cell and kept there for another half an hour. After that the Officer in Charge of the police and four other police officers got into a jeep and took Namal to Wennupuwa. They stopped the Jeep near Sarath Fernando’s house and took Namal out towards the house and assaulted him. Then Namal was pressed to the ground by two police officers who then put their feet on both sides of Namal’s shoulders while another officer pointed a gun at him. Another officer shouted \&quot;YAKKO [you devil] unload that gun.\&quot; Then the officer holding the gun said that if the gun fired he would say he had shot because the prisoner had tried to escape. <br>
<br>
Again they put Namal back into police jeep and took him to Green Villa Guest House at Haldaduwana. The officer in charge got out of the jeep there and other police officers took Namal to another house and hit his chest and knees with the butt of the T-56 (firearm). Due to severe pain Namal involuntarily evacuated his bowels. Thereafter he was taken to the office of the Senior Police Superintendant at Chilaw and on the 7th October taken back to Mundalama police station. Later Sarath Fernando was also brought to the police station and a Catholic nun, Sister Benedict, visited Namal at the police station. <br>
<br>
After that the Police Officer In Charge showed a statement to Namal and Sarath, which they signed in fear though the content was not read to them. At 2.30pm Namal was taken to the Hospital at Mundalama and a female doctor examined him. At 3.30pm a police officer took statements from Namal and Sarath and told them that they had been taken into custody regarding a robbery that had taken place at Marrinawatte. It is only at that stage that Namal was informed of the charges for the first time. <br>
<br>
At 8.30pm, Namal was produced before the Magistrate and was remanded. Namal was released the next day without charge. [It appears that Namal was arrested on mistaken identity.] Then Namal entered Ragama Hospital for treatment. <br>
<br>
RIGHTS VIOLATED <br>
<br>
The following constitutional rights have been violated: Protection from Toture and Other Inhuman Treatment; Illegal Arrest; and Arrest Without Informing the Reason for Arrest. The crime of Torture is international recognised as a crime 'jus cogens', that is a crime that the state has an international responsibility to prosecute, regardless of the circumstances. <br>
<br>
SUGGESTED ACTION <br>
<br>
Please write directly to the President of Sri Lanka and also to the Inspector General of Police to alert them to this case and call for the immediate arrest and prosecution of the police officers responsible for this torture. <br>
<br>
SAMPLE LETTER <br>
<br>
Your Excellency <br>
<br>
I have learned of the torture of Mr. Namal Fernando, 37, of Pitipana Duwa, Negombo on 6-7 October 2001. He was tortured under Mr. Mathew, the Officer in Charge at Mundalama (Mundel) police and was intimidated to make a confession, and later released and all charges dropped. But the dropping of charges, though necessary, is not enough to absolve the offending police nor the state of this horrendous and all-too-common crime. There must be justice for this latest victim, in the form of the immediate arrest and full prosecution of the police involved and also full compensation for Mr. Namal Fernando. The legislation in Sri Lanka relating to torture is among the best in the world, but unless it is applied it is completely meaningless. I urge you to ensure these laws are used to bring justice in the case of Mr. Namal Fernando. <br>
<br>
Sincerely <br>
___________ <br>
---------------------------------------------------------------- <br>
<br>
SEND LETTERS TO <br>
<br>
Her Excellency President Chandrika B. Kumaratunga <br>
Presidential Residence <br>
Colombo 03 <br>
SRI LANKA <br>
Fax: +941 333 703 <br>
SALUTATION: Your Excellency <br>
<br>
Mr. B.L.V. Kodituwakku <br>
Inspector General of Police <br>
New Secretariat <br>
Colombo 1, <br>
SRI LANKA <br>
Fax: +941 446 174 <br>
SALUTATION: Dear Inspector General <br>
<br>
SEND A COPY OF YOUR LETTER TO: <br>
<br>
Mr. Fais Musthapa <br>
Chairperson <br>
Human Rights Commission of Sri Lanka <br>
No. 50, Dr. N.M. Perera Mawatha <br>
Borella, Colombo 8 <br>
SRI LANKA <br>
Fax: +941 696 470 <br>
Email: sechre@sltnet.lk <br>
SALUTATION: Dear Mr. Musthapa <br>
<br>
<br>

Document Type :
Urgent Appeal Case
Document ID :
UA-36-2001
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.