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SRI LANKA: A young student brutally tortured by police

October 22, 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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23 October 2002
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UA-49-2002: A young student brutally tortured by Sri Lankan police
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SRI LANKA: Arbitrary arrest and torture by police
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Name: Hettitantrige Lasitha Sameera Madusanga, 17 years old, a student of Gurukula MV studying in Grade 12 A/Level class in the Science stream
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Address: No. 245, Dias Place, St. Francis Mawatha, Dalugama, Kelaniya. Tel 907804.
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The Date of the Police Assault: 17th Oct 2002 after 4.00 p.m. up to 18th Oct 2002 Morning
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Alleged Perpetrators: Crime Branch of Peliyagoda Police
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A neighbour of Sameera reportedly lost some money and personnel of the Crimes Branch approached the residence of Sameera in a very friendly manner and told Sameera's mother that he would be required to make a statement. She was not told that her son was considered a suspect.
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He was escorted to the police vehicle with their arms round him in a cheerful way. No one suspected any thing serious. As soon as they entered the vehicle, the friendly mood changed and the police became very hostile and asked several questions that Sameera had no clue about. Policemen in both civilian clothes and also in uniform asked questions regarding the theft; he denied any involvement because he knew nothing about it. They showed a bunch of keys and asked whether he recognised them, to which he replied negatively. From then on he was assaulted, starting with slapping, then body blows and later kicking, while in the vehicle. Some of his friends saw this assault while being taken from his house in the vehicle, and reported the matter to his parents.
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At Peliyagoda Police Station he was taken to the Officer in Charge (or OIC), Mr. Wanigasekera. Under his charge, those who were on duty at that moment began to torture him. He was taken to a room and while several people held him, pins were pricked into his ears, nose and lips. He then was tied up by his legs and hands and beaten repeatedly with clubs, which severely damaged his fingers and toes. After a few hours he was taken to a cell, but did not have time to rest there. He was taken out and told to walk. He found it difficult and when he stopped a boy attacked him with a stick.
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Having heard that Sameera was taken to the station and assaulted this way, his brother went to look for him but was chased away by police saying that he had come to look for a thief. Then his father intervened, and through a lawyer known to the police officers had him released without any charge on the October 18 at about 10.30 a.m. Once released, he was taken to the Accident Ward of the National Hospital in Colombo. The doctors admitted him to Ward 72. He had several injuries on his legs and hands, including a broken toe and swollen legs.
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At the very inception of the medical examination, Sameera informed the doctors that policemen of the Peliyagoda Police Station had been responsible. He made a statement to the police post, which he read and signed. On the October 19 he was discharged. On October 20, complaining of severe chest pain, his parents again admitted him to Ward 72 of the National Hospital.
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SUGGGESTED ACTION: Write to the Prime Minister, Attorney General, and Inspector General of Police
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Honourable 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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Tel/Fax: +94 1 682905
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Email: secpm@sltnet.lk
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SALUTATION: Hon. Prime Minister
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Mr. T. E. Anandrajah
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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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SALUTATION: Dear Inspector General of Police
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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: +94 1 436 421
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SALUTATION: Dear Attorney General
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SAMPLE LETTER
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Dear [Honourable Prime Minister]
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Torture of Hettitantrige Lasitha Sameera Madusanga by Peliyagoda Police
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The above-named 17-year-old boy was allegedly brutally assaulted by several offices of the Crime Branch of Peliyagoda Police, with the knowledge and participation of the Officer In Charge of the police station. The police hit the boy with their hands and sticks, kicked him and tortured him with pins. He has several injuries on his legs and hands, and has now developed severe chest pains.
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I am aware that the Asian Legal Resource Centre on issued a report on October 3, 2002, detailing 22 cases of torture in Sri Lanka's police stations, recommending measures to stop this widespread practice. However, the case of this young boy shows that torture by the police in Sri Lanka continues with the same brutality and impunity. I urge you to inquire into this matter urgently and to bring the perpetrators to justice.
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Thank you.
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Document Type :
Urgent Appeal Case
Document ID :
UA-49-2002
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.