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SRI LANKA: A young man unable to walk due to torture by police

December 4, 2002

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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4 December 2002
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UA-62-2002: A young man unable to walk due to torture by police
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SRI LANKA: Widespread practice of torture; inhuman treatment but no justice
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- Name of the victim: Mohamed Najeed Rukshan
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- Perpetrator: The police of Gokarella police division
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- Date of torture: November 14, 2002
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Mr. Mohamed Najeed Rukshan (28), a development officer of the Hevanegedera Samurdi Society is living in the village of Dethilianga of the Gokarella police division. An officer of the police of Gokarella has beaten him in an inhuman manner in the early morning of 14 Nov. 2002.
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According to Dr.M. B. Almeda, a specialist, that following his examination after the admission of the victim to the Emergency Section of the Kurunegala Base Hospital, severe beatings to the surface of the foot has resulted in bones and cartilage being broken. He has lodged complaints about this inhuman treatment with both human rights organization and the office of the deputy inspector general (DIG) in Kurunegala.
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According to the victim, the story is;
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When tenders were called for the beef stall (temporary booths to sell beef in village) at Dethilianga for the year 2003 by the Ibbagamuwa Pradeshiya Sabha. He offered his tender and it was for two hundred and ten thousand rupees. A person from the same village made an offer of one hundred and eighty thousand rupees (180,000 LKR/1,866 USD). The person who offered the low tender was all the time forcing him to withdraw his tender. But Rukshan had refused to withdraw his tender.
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Later he was informed that the tender for the beef stall was accorded to the person who had made the low offer. But later the stall made out of cadjan was set on fire and a complaint was made at the police station against him. He then, for fear of being beaten up by the police, instead of going alone, surrendered himself with a lawyer on 13 Nov. 2002. However, on the 14th from 3 in the morning, he was beaten up so inhumanely he was no longer able to walk.
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Later he was produced before the Kurunegala Magistrate and on the orders of the Court he was admitted to the Kurunegala hospital. He said, &quot;even though I was discharged on the 18th of November, I am unable to walk. I seek justice against this crime.&quot;
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Due to severe beating to the sole of one foot, the bones and the cartilage are so damaged that walking has become impossible.
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SUGGESTED ACTION
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Please send your letters to the minister of interior and attorney general and inspector general of police (IGP) of Sri Lanka, expressing your concern about the widespread practice of torture and inhuman treatment by police, also urging them to conduct investigation into this case.
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SAMPLE 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 inhumane treatment by the police of Golarella; Mr. Mohamed Najeed Rukshan can no longer lead a normal life.
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I am writing this letter to draw your attention about the inhuman treatment by the police, which has resulted in a young ordinary man not being able to lead a normal life. I am so sad to learn that Mr. Mohamed Najeed Rukshan (28), a development officer of the Hevanegedera Samurdi Society was beaten so severely by the police of Gokarella on November 14, 2002. As a result, the bones and cartilage of his foot are broken and he is unable to walk properly.
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I have learnt that for the last few years, a large number of cases of torture and brutal treatments have been committed by the Sri Lankan police. However, despite Sri Lanka's obligations under international treaties and under its own Constitution and laws (Act No. 22 of 1994), no perpetrators have been punished properly, so the widespread practice of torture still goes on.
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Therefore, I urge you to investigate immediately into the above case and to punish the perpetrator and to take concrete measures to stop the widespread practice of torture in Sri Lanka.
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Thank you for your attention.
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Sincerely yours,
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PLEASE SEND YOUR APPEALS TO:
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1. Minister of Interior
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Mr. John Amaratunga
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Ministry of Interior
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P.O. Box 572, No. 15/5, Baladaksha
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Mawatha, Colombo 3
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SRI LANKA
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Fax: 941 389 021
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E-mail: interior@sltnet.lk
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SALUTATION: Dear 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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E-mail: 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
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New Secretariat
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Colombo 1
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SRI LANKA
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Fax: +94 1 446-174
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SALUTATION: Dear Inspector General of Police
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Document Type :
Urgent Appeal Case
Document ID :
UA-62-2002
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.