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SRI LANKA: Alleged forced abduction of a man and brutal action against victim's family by police

December 15, 2006

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION –

15 December 2006
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UA-401-2006: SRI LANKA: Alleged forced abduction of a man and brutal action against victim’s family by police

SRI LANKA: disappearance: ill treatment of person by police: irresponsible actions by police to victim’s family
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the forced abduction of a man from Ranala, Sri Lanka in a notorious white van incident on 23 August 2006. The family members of the victim at the location of the abduction were also beaten with rifle butts, hands and feet. Several weeks before the victim's abduction the Office-in-Charge of Navagamuwa visited the victim's family and informed them that the victim was wanted for some robbery without producing any evidence of it. After the abduction the family members went to the police station to look for the victim, but failed to locate him. The police officers have never dealt with the complaints and the family's requests to see the victim, on the contrary, they have threaten the family members and showed no willingness to conduct an investigation into the abduction.

CASE DETAILS:

On August 23 2006, I.A. Nishantha Chandrasiri was abducted while he was visiting the house of a sister by six to seven persons who had come in a white coloured van. At the moment of abduction he and his family members were beaten with rifle butts, hands and feet. The family members were blamed as to why they allowed Nishantha Chandrasiri in their house. His hands were tied with a T shirt he was wearing and he was taken out to a van.

According to the family, some weeks before the abduction on August 23, the Office-in-Charge (OIC) of Navagamuwa had visited the family house of Nishantha Chandrasiri and told them that he was wanted for some robbery. However, the family is not aware of any such involvement.

The following day, those who were subjected to the beating went to Nishantha Chandrasiri's house and informed his wife, W. Dinasha Sangeewani Kumari about what had happened. With the sufficient suspicion that the victim might have been arrested by the Navagamuwa police, the victim's wife and brother went to Navagamuwa police station. They reached the station at 9:00a.m. and complained to the OIC. The OIC shouted at them asking, "Is it now that you have thought of the police and why have you come?" The two persons explained that had come to look for Nishantha Chandrasiri.

The OIC told them that, "We have not brought him. If we get hold of him, we will kill him. Even by now there won't even be pieces of him."

The OIC did not allow a statement to be recorded from them. He told them to go to other police stations and have a look. The two family members went to the Mirihana Police, the police stations at Hanwella, Athugiriya and Pelliyagoda but could not find him. 

On the same day they visited the Human Rights Commission of Sri Lanka and informed the commission that the Navagamuwa police had refused to take a statement. An officer from the commission talked to the Navagamuwa police and thereafter the victim's family members were asked to go back again to the station. At around 8:00p.m., they went and informed the officers the reason for their coming and then a statement was recorded. They left the police station at around 10:00p.m.

After about a week having received news that he was being kept at the Criminal Investigation Unit at Dematagoda the members of the family visited the place and were shown Nishantha Chandrasiri through a small peephole, seated on a bench in a dark room. They were not told any details and thereafter despite of all attempts they were unable to obtain any further information.

The family believes that the OIC of Navagamuwa is aware of what might have happened to Nishantha Chandrasiri. They visited the one-man Commission on Abductions and Disappearances appointed to look into disappearances, which is headed by Mr. Mahanama Thilakaratne, and made a complaint. The victim's aunt who had been at the incident site recorded her evidence.

All that the family has heard about this investigation is that the investigation is over and the report on it has been forwarded to the President of Sri Lanka. Despite of all the attempts by the victim's family in making complaints to the police, the Human Rights Commission of Sri Lanka and the one-man Commission on Abductions and Disappearances the family has not been given any information on the whereabouts of Nishantha Chandrasiri.

The family requests that inquiries be held into the abduction and disappearance of the victim and that the state should find the victim, wherever he is. The family also requests the one-man Commission on Abductions and Disappearances, the police authorities and the President of Sri Lanka to let them know what has happened to Nishantha Chandrasiri.


SUGGESTED ACTION:
Please write letters to the relevant Sri Lankan authorities to urge them to conduct an immediate and impartial investigation into the case of Nishantha's abduction and arrest. Also, please urge them to establish a fair investigation mechanism in order to prevent the recurrence of abductions.

To support this appeal, please click:

Sampler letter:
 
Dear ________,

SRI LANKA: Alleged forced abduction of a man and brutal actions against victim’s family by police

Name of the victim: I.A. Nishantha Chandrasiri
Address: No. 122 Bata Pola, Ranala
Name of wife: W. Dinasha Sangeewani Kumari (same address)
Alleged perpetrators: Officer-in-Charge of Navagamuwa Police and six or seven other persons suspected to be police officers

I am writing to show my grave concern of yet another case of forced abduction of a man by people suspected to be police officers in a notorious white van which is still wandering all over Sri Lanka to pick up people and put them in jail without any formal and legal warrant.

I have been informed that on 23 August 2006, 6 to 7 persons in a white van had abducted I.A. Nishantha Chandrasiri at his sister's house. At the moment of his abduction, other family members were also beaten with rifle butts, hands and feet. The victim, Nishantha Chandrasiri was taken out to a van being bound his hands with his T shirt.

Several weeks before his abduction, the Officer-in-Charge (OIC) of Navagamuwa police visited Nishantha's family's house and informed that he was wanted for some robbery without producing any evidence.

After the victim's wife, W. Dinasha Sangeewani Kumari had learned the incident, with sufficient suspicion that the victim might have been arrested by the police of Navagamuwa, she went to Navagamuwa police station with the victim's brother to look for her husband at 9:00am on the following day.

The OIC shouted at them asking, "Is it now that you have thought of the police and why have you come?" and told them that, "We have not brought him. If we get hold of him, we will kill him.  Even by now there won't even be pieces of him."

The OIC did not record their statement and even turned them out with intimidation. The two family members went to other three police stations like the Mirihana Police, the police stations at Hanwella, Athugiriya and Pelliyagoda but could not find the victim. On the same day, they informed the Human Rights Commission of Sri Lanka that Navagamuwa police had refused to take a statement. At around 8:00pm they went to the police station to make a statement and then left the police station at 10:00pm.

Even after the victim's family made a representation to the Human Rights Commission and Navagamuwa Police, they could not obtain any further information and assistance about the victim. About a week later, the Nishantha's family members could be shown him seated on a bench in a dark room only through a small peephole at the Criminal Investigation Unit at Dematagoda. They also lodged a complaint to the one-man Commission on Abductions and Disappearances led by Judge Makanama.

So far all that the family has heard about this investigation is that the investigation is over and the report on it has been forwarded to the President of Sri Lanka. Despite of all the attempts by the victim's family in making complaints to the police, the Human Rights Commission of Sri Lanka and the one-man Commission on Abductions and Disappearances the family has not been given any information on the whereabouts of Nishantha Chandrasiri.

On behalf of Nishantha's case, we urge that:

1. OIC and the police officers of Navagamuwa Police should be investigated on this case and they should take a legal procedure and remedy for the victim and his family.
2. Navagamuwa Police, Human Rights Commission of Sri Lanka, Criminal Investigation Unit at Dematagoda, and One Man Commission on Abductions and Disappearances should find out in corporation what has happened to Nishantha Chandrasiri. Moreover, they have an obligation to inform the victim's family about all procedure of the case.
3. Both Commission on Abduction and Disappearances and Human Rights Commission of Sri Lanka should investigate the cases thoroughly, to protect the victims and their families, and to monitor the law enforcement as well as accept a complaint and summit a report.
4. Sri Lanka government should take all possible measures to stop these abductions and arbitrary arrests, and international society should give a more pressure on the government to conduct immediate action without any delay.

I am deeply concerned by the sharply escalating number of forced disappearances and abductions of ordinary people in Sri Lanka. Instead of legal criminal procedure and law enforcement, a white van is wandering all over the society and the violence by unidentified persons are prevailed in Sri Lanka. I really urge you to establish the credible criminal investigation system in Sri Lanka so as not to degenerate more and more into the society to be led by useless Commissions and corrupted law enforcement people.


Sincerely yours,


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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. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454

3. Mr. Mahinda Rajapaksa
Minister
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
SRI LANKA
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk

4. Mr. Mahinda Samarasinghe, MP
Minister of Disaster Management and Human Rights
Ministry of Disaster Management and Human Rights
383,Bauddhaloka Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 390895, 384116

5. Mahanama Thilakaratne
Commission on Abductions and Disappearances
131 Bandaranaike Memorial International Conference Hall
Bauddhaloka Mawatha,
Colombo 7
SRI LANKA

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

7. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

8. 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

9. 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

10. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ON ARBITRARY DETENTION)
 

Thank you.


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

Document Type :
Urgent Appeal Case
Document ID :
UA-401-2006
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.