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SRI LANKA: Man dies in police custody under suspicious circumstances

May 16, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

17 May 2005
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UA-80-2005: SRI LANKA: Man dies in police custody under suspicious circumstances

SRI LANKA: Custodial torture; Custodial death; Police intimidation; Inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of a man while in police custody at the Rakwana Police Station, Sri Lanka. Helwala Langachcharige Susantha Kulatung, a father of four, was taken into custody by five officers from the Rakwana Police on 18 April 2005. The officers allegedly began torturing the victim during his arrest and continued to do so after he was taken to their station.

On April 19 the officers warned the victim's children that they would not see their father alive again. On the same day, they also approached the victim's mother and enquired into his whereabouts - despite all evidence to suggest that he was still within their custody. The following day, the victim's brother visited him at the police station. Soon after leaving, the brother was informed that the victim had hung himself in his cell, despite being taller than the height of the cell itself. A post mortem was carried out on the victim, which revealed no injuries to the neck, but found, more than 107 injuries spread over most parts of the victim's body.

Following the lodging of an official complaint by the victim's brother and sister, an inquest into the death began at the Magistrate's Court of Ratnapura on 27 April 2005 (Case No. 251/05). To date however, no action has been taken against the police officers, all of whom continue to work in their pervious capacity.

We therefore urge you to write to the relevant authorities listed below and demand immediate action in this case. A full and impartial investigation should compliment the case taking place in court. If persons are found guilty of the murder of the victim, they must be brought to justice for their crime. Whilst investigations and the court case are taking place, full and adequate protection must be provided to the family, who have already allegedly received threats by the police. As regards those police who are allegedly involved in this case, they must be suspended from their duties until the findings are concluded. Finally, the family of the victim should be indemnified for their loss and the suffering they have endured.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Helwala Langachcharige Susantha Kulatunga, 30, single father of four (wife deceased), resident of RajaMahavihara, Athgalawatte, Atakalampanna, Madampe, Sri Lanka
Alleged perpetrators: Police personnel attached to the Rakwana Police Station
Place of incident: Rakwana Police Station
Date of incident: 20 April 2005

Case Details:

The victim had been wanted by the police and two warrants issued against him. On 18 April 2005, at around noon, about five officers from the Rakwana Police went to where the victim was - at a nearby house - and arrested him. The police severely tortured him when taking him into custody and continued to do so all the way to the police station, as well as once there.

On April 19, two policemen visited the victim's house and told his elder two daughters, aged 11 and 8, that they would not see their father again, so they had best go and visit him for the last time. On the same day, the police also approached the victim's mother and enquired into his whereabouts. When the mother replied that the victim was in police custody, the policemen denied arresting him. The mother, however, insisted that they had taken him away.

On April 20, the victim's brother visited his brother in custody at the Rakwana Police Station and also took him food to eat. Thereafter he left the station and caught a bus to return home. Soon after catching the bus, however, a motorcyclist stopped the bus and informed the brother that the victim had hung himself in the police station. The brother immediately got down from the bus and rushed to the police station. There he saw the victim hanging from a strip of cloth (apparently torn from his sarong), which was attached to the grill of the cell door. He also saw that, as the deceased was almost 6 feet tall and taller than the height of the holding cell, his knees were on the floor and his hands at his back.

Thereafter the body of the victim was taken by the police to the Rakwana Hospital, but the hospital refused to accept it. Then the police took the body to the Ratnapura Hospital where, on April 22, the post mortem was held. According to the victim's sister, though the deceased was alleged to have committed suicide by hanging himself, the post mortem revealed no injury to his neck. The post mortem did reveal, however, more than 107 injuries spread over most parts of the victim's body.

On April 21, the victim's brother and sister made their statements to the Assistant Superintendent of Police at Ratnapura. The inquests into the death began at the Magistrate's Court of Ratnapura on April 27 (Case No. 251/05). The case was heard before the court again on May 4 and May 11.

During the April 27 hearing, the daughters of the victim told the Magistrate what they were told by the policemen who visited their house on April 19. They also pointed out the policemen in court who had said this. The children also reported that they were threatened by the policemen who said that they would suffer the same fate as their father if they mentioned them again. When the case was called on May 4, this fact was brought to the attention of the Magistrate, who warned the policemen against similar behaviour in the future.

Despite these hearings, to date no action has been taken in this case. The police have not admitted their part in this death, and nor has the court found this. Furthermore, there has been no disciplinary action instituted against those responsible for the victim's death and to all intents and purposes, they continue to serve in their same posts.


SUGGESTED ACTION:

Please send a letter to the following relevant authorities voicing your concern regarding this case.

Sample letter:

Dear ____________,

SRI LANKA: Man dies in police custody under suspicious circumstances

Name of the victim: Helwala Langachcharige Susantha Kulatunga, 30, single father of four (wife deceased), resident of RajaMahavihara, Athgalawatte, Atakalampanna, Madampe, Sri Lanka
Alleged perpetrators: Police personnel attached to the Rakwana Police Station
Place of incident: Rakwana Police Station
Date of incident: 20 April 2005

I write to voice my serious concern about the death of a man while in police custody at the Rakwana Police Station, Sri Lanka. Helwala Langachcharige Susantha Kulatung, a father of four, was taken into custody by five officers from the Rakwana Police on 18 April 2005. The officers allegedly began torturing the victim during his arrest and continued to do so after he had been taken to their station.

On April 19 the officers warned the victim's children that they would not see their father alive again. On the same day, they also approached the victim's mother and enquired into his whereabouts - despite all evidence to suggest that he was still within their custody. The following day, the victim's brother visited him at the police station. Soon after leaving, the brother was informed that the victim had hung himself in his cell, despite being taller than the height of the cell itself. A post mortem was carried out on the victim, which revealed no injuries to the neck, but found, more than 107 injuries spread over most parts of the victim's body.

Following the lodging of an official complaint by the victim's brother and sister, an inquest into the death began at the Magistrate's Court of Ratnapura on 27 April 2005 (Case No. 251/05). Two hearings have been heard since. To date however, no action has been taken against the police officers, all of whom continue to work in their pervious capacity.

I therefore urge you to take steps to ensure that immediate action is taken in this case. A full and impartial investigation should compliment the case taking place in the court. If persons are found guilty of the murder of the victim, then they must be brought to justice for their crime. Whilst investigations and the court case are taking place, full and adequate protection must be provided to the family, who have already allegedly received threats by the police. As regards those police who are allegedly involved in this case, they must be suspended from their duties until the findings are concluded. Finally, the family of the victim should be indemnified for their loss and the suffering they have endured.

Yours sincerely,

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SEND A LETTER TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

3. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk 

4. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk 

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-80-2005
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.