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SRI LANKA: Torture of two young persons and fabrication of charges by Ankumbura Police

August 21, 2003

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

22 August 2003

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UA-41-2003: SRI LANKA: Torture of two young persons and fabrication of charges by Ankumbura Police


SRI LANKA: Torture; illegal arrest; illegal detention
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Dear Friends

Torture of two young persons and fabrication of charges by Ankumbura Police; Illegal arrest; Illegal detention for 8 days

Victims: Bandula Padma Kumara (14 years old) and Saman Kumara (17 years old)

Address: c/o M.G. Karunawathie (Mother), Godahena, Dolaphihilla

Dates of incident: from 20 July to 28 July 2003 (Bailed out on 15 August)

Perpetrators: Officer in charge and other officers at the ANKUMBURA Police Station


Details:
(based on the statement from the victims)

Bandula Padma Kumara and Saman Kumara are brothers. Their parents are poor and their father works as a natamy (a workman carrying heavy loads for hire).

On 20 July, Bandula (14 years old) was arrested on suspicion of stealing a bunch of bananas. He was assaulted severely and kept in the police station for eight days. His mother went to the police station to see him but was not allowed in to see him.

Bandula's brother, Saman, was arrested while he was at home at about 7.00 pm on 22 July. He was kept at the police station with his younger brother until 28 July 2003. While at the police station he was hung by his thumbs by the officer in charge of the police and his legs were pulled down by a police officer while he was in that position. Later, he was positioned in the manner known as Dharma Chakkara - tying of hands in a way to cover the knees, putting a poll between the two arms and turning the person while being beaten on the soles.

The boys were forced to admit to offences that they knew nothing about.

Bandula has been implicated in 13 fabricated cases and Saman in 12 charges. On 28 July they were brought to the Magistrate and remanded in custody. They were only released on bail on 15 August.

We urge that the matter be investigated immediately and the perpetrators be brought to justice. Furthermore, we request that the fabrication of charges be investigated also, and the two young boys released from the charges which have been made falsely against them.

The earlier case of Chamila Bandara, who has now lost the use of his left arm after being tortured, happened at the same police station.

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SUGGESTED ACTION - SEND LETTERS/EMAILS/FAXES TO:

1 Chandrika B. Kumaritunga
President
Presidential Residence, Colombo 3,
SRI LANKA
Fax: +941 333 703

2 Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3 Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 691 926
Fax HOME: +94-1-674-148


4 National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 694 925 / 673 806
Fax: +94 1 694 924
E-mail: sechrc@sltnet.lk

5 Mr. Theo C. van Boven
Special Rapporteur of the Commission on Human Rights on the Question of Torture
OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneva 10, Switzerland
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch

and at:

International Relations
Maastricht University
The Netherlands
Tel. 31-43-3883233 (Assistant: Chantal Kuipers)
Email : th.vanboven@ir.unimaas.nl

6 Mr. Jean Nicolas Beuze
Room 3-052
Office of the United Nations High Commissioner for Human Rights,
Palais Wilson,

Rue des Paquis 52, Geneva
Switzerland
tel: 41 229179174
fax: 41 22 9179 006
email: jnbeuze.hchr@unog.ch

SUGGESTED LETTER:

Dear Sir

Case of Bandula Padma Kumara (14 yrs old) and Saman Kumara (17 yrs old)

Illegal arrest, Illegal detention for 8 days and Torture of two young persons and fabrication of charges by the ANKUMBURA Police

I am writing to protest against this brutal torture of two young boys. More seriously, the earlier case of Chamila Bandara, who has now lost the use of his left arm, happened at the same police station. It clearly shows that a cruel practice of torture is going on, and being allowed, in police stations.

On 20 July, Bandula Padma Kumara (14 yrs old) was arrested on suspicion of stealing a bunch of bananas. He was assaulted severely and kept in the police station for eight days. His brother, Saman Kumara (17 yrs old) was arrested on 22 July and he was kept at the police station until 28 July. While at the police station he was severely tortured and both the boys were forced to admit to offences that they knew nothing about. They have been implicated in 13 fabricated cases for Bandula and 12 charges for Saman. On 28 July they were brought to the Magistrate and remanded in custody. They were only let out on bail 15 August.

We urge you to investigate this case immediately and bring the perpetrators to justice. Please issue special instruction of arrests, particularly of children. We also urge you to investigate the fabrication of charges, and that the two young boys be released from the charges falsely made against them. We further urge you to discipline the police so that they desist from torture; from the fabrication of cases; and from registering false cases.

Torture is an all too common practice, which must be eradicated. Please take some genuine steps and strong action to stop torture.

Yours faithfully


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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-41-2003
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.