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SRI LANKA: A journalist assaulted by police and charges fabricated

November 19, 2002

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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19 November 2002
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UA-56-2002: A journalist assaulted by police and charges fabricated
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SRI LANKA: Assault, fabrication of charges by police, and an attack on freedom of expression
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- Name of the Victim: Mr. Uvidu Kurukulasuriya
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- Date of the Incident: November 15, 2002
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- Assaulted by: Police of the Maharagama police station
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CASE DETAILS
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Uvidu Kurukulasuriya, a journalist from the well known Sinhala newspaper, Ravaya was assaulted by some officers of the Maharagama police station on the night of the 15th November, 2002, as he tried to note down the numbers of policemen beating a couple near the clock tower at Maharagama. The journalist returning home saw the beating taking place, stopped and watched for some time but the beating did not stop.
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He then took down his notebook and tried to take down the details of the officers. Then the officers approached him and wanted to know who he was. He said he was a citizen of the country and on request produced the national identity card. The police officer pulled out his shirt pocket and took the papers that included his identity card as a journalist. Shouting that "this fellow (mu) is going to report us", the police officer abused him. The journalist proceeded to the nearby police station to report the matter and when asked about the officers responsible for the station, he was promptly told that it was they who had been beating up the couple.
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Thereafter, the journalist was arrested and taken in a van to a medical doctor to test whether the journalist was drunk. The doctor was satisfied that the journalist was quite sober. The charges were then filed against the journalist for trying to obstruct the duties of the police. The journalist has in the meantime filed a complaint with the police against the violation of his rights. He told this story to the BBC Sinhala Service on the 16th November. The police headquarters inspector when questioned by the BBC tried to justify the arrest and the charges.
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Despite so many complaints being filed against the police and so many reports by the international human rights groups, the police brutality continues unabated. In most cases assaults are followed by fabrication of charges. Often the victims have to go to court several times before they are released by the court when police are unable to proceed with the case. How vicious can this be was amply demonstrated when not only the victim but also his lawyer was charged in the Ratnapura incident which was subject of an earlier appeal.
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SUGGESTED ACTION
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Please send your letters to the Prime Minister, Attorney General and Inspector General of Police (IGP) of Sri Lanka.
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SUGGESTED LETTER (You may use your own words or use the following as a sample)
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Dear
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Re: THE CASE OF UVIDU KURUKULASURIYA
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I draw your attention to another complaint of torture this time by a journalist from the reputed journal Ravaya. The incident once more points to the systemic torture practiced by Sri Lankan police, which many international organizations have reported on. What is unique to this case is that the victim is a journalist who happened to pass by a place where two persons were publicly beaten by some police officers.
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His attempt to take down the numbers of the police personnel engaged in this act, led to the treatment complained of, including fabrication of charges. The police behavior has thus become a threat to the security of people including those engaged in media work, despite the existence of Act No 22 of 1994, which makes Torture a crime punishable with seven years minimum sentence.
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I urge that this matter be investigated and purported be brought to justice.
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Thank you.
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PLEASE SEND YOUR LETTERS TO;
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1. Honorable 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: +94 1 682905
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Email: secpm@sltnet.lk or bradmanw@slt.lk
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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: +94 1 436 421
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Email: attorney@sri.lanka.net or counsel@sri.lanka.net
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SALUTATION: Dear Attorney General
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3. Mr. T. E. Anandrajah
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Inspector General of Police (IGP)
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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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Document Type :
Urgent Appeal Case
Document ID :
UA-56-2002
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.