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SRI LANKA: A woman tortured by police undergoes surgery

November 22, 2002

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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22 November 2002
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UA-57-2002: A woman tortured by police undergoes surgery
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SRI LANKA: The widespread practice of torture; Illegal arrest, torture and fabrication of charges by police
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- Name of the victim: A.M. Kusumawathie (37), mother of three children in Uppuwatte, Warapitiya, Darganagaraya
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- The date of torture: October 22, 2002
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- Tortured by: Aluthgama Police
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CASE DETAILS
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Kusumawathie was assaulted by police with clubs when she failed to provide information about some people who had engaged in gambling in the neighborhood of the house she was visiting. A group of four policemen led by the Sub Inspector of police named Nishantha belonging to Aluthgama police station, conducted a raid in some gambling places but as they arrived the gamblers fled.
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Kusumawathie who was visiting a house near the place that the raid took place, was asked to identify the names of the gamblers and she denied any knowledge of them. The Sub-inspector then allegedly had beaten her hand and back with a club. Her handbag with four thousand and eight hundred Rupees (Rs.4800, about 500 USD) was also been stolen by the police. The reason for her arrest and assault, the woman thinks, is for their amusement of the police after the gamblers had fled.
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Kusumawathie was then arrested with four other women in the neighborhood and taken to Beruwela police station. At the night of October 22, 2002, she was taken to Beruwela Hospital. Though she insisted on being accompanied by a woman, the male police group took her alone. The lady doctor bandaged her hand and instructed her to be taken to Nagoda, Base Hospital. However, she was not been taken to the Base Hospital. No food or water was given to her or the other women during the night. The next day, the bandage on her hand was removed by the police and she was produced in court with other four women, on fabricated charges of gambling. The court ordered bail.
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She made immediately a complaint to the Assistant Superintendent's office at Kalutara but no action has been taken so far. On 25th of October, due to severe pain she had gone to Nagoda, Kalutara, Base Hospital and there she was told that the bones of her hand is fractured and she was subjected to surgery. Though she was discharged from Hospital two days after the surgery, she was readmitted on November 14 and is still undergoing treatment.
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In this case, the victim alleges torture, illegal arrest, fabrication of charges, refusal to be accompanied by woman warden, inhumane treatment by way of refusal to have her hospitalized according to the medical advise and the refusal to give food and water.
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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 torture of Kusumawathie by Aluthgama police
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I draw your attention to this case, where a 37 year old woman, mother of three children been tortured by police and having to undergo surgery. The reason for her illegal arrest, assault and further ill treatment is her alleged failure to provide information about some gamblers.
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The case is one of many cases of torture routinely practiced by the Sri Lankan police. The failure on the part of the Attorney General's Department and the government of Sri Lanka to take effective action to prevent torture has resulted in the systematic use of torture in the most casual manner.
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I urge that Sri Lanka's Anti-Torture Law (Act No.22 of 1994) be enforced and the perpetrators of torture in this case and others be brought to justice.
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Thank you.
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Sincerely yours,
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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-57-2002
Countries :
Issues :
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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.