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UPDATE (SRI LANKA): Torture under Act No. 22 of 1994; but the accused police officers still function as officers

July 20, 2003

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 18 July 2003
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UP-27-2003: SRI LANKA: Torture under Act No. 22 of 1994; but the accused police officers still function as officers (RE: UP-29-2002: Court orders Release of Lalith Rajapakse - 17 May 2002 and UA-18-2002: Urgent medical help needed for torture victim - 13 May 2002)

SRI LANKA: Case of Lalith Rajapakse case before the Wattala Magistrates Court; case of Kusumawathi case before the Kalutara Magistrates Court
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Dear Friends

Following is an update on the cases of Mr. Lalith Rajapakse and A.M Kusumawathi, torture victims in Sri Lanka. Though cases for torture have been filed, the accused officers still continue to work as police officers. Your urgent action is required to pressure the Sri Lanka government to correct this situation.

Urgent Appeals Desk
Asian Human Rights Commission
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TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse-- Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court

Though cases for Torture have been filed the accused officers still continue to work as police officers. In both of these cases the UN Rappoteur Against Torture, Mr. Theo Van Bovan, has made representation. There has also been representations locally and internationally. Cases have been investigated under the instructions of the Attorney General.

The Jurisdiction to hear the cases is with the high courts. Thus, filing cases in magistrates court is not based on any law, except in the cases such as identification parades. The hearing of a case gets delayed due to their being filed in magistrates court. Meanwhile, the government files reports before the UN and international agencies stating that cases have already been filed. Such reports are in fact misleading. Besides, Torture, according to the Act, is a Non-bailable offence. However, the prosecuting police officers agree to grant bail. After getting bail, the accused officers go back to work.

So long as these officers remain in duty they can harm the witnesses. This is a further reason for not allowing these officers to function officially pending their criminal trials.

Under the 17th Amendment, the disciplinary control of police is in the hands of the National Police Commission (NPC). It is the duty of the Commission to issue instructions to interdict the officers pending the conclusion of the trial. However, the NPC has not issued such instructions. It is the duty of the Attorney General to direct the prosecuting officers to file courts in High Court. It is only when a case is produced before the high court that the process leading to trial begins.

We urge you to write to the National Police Commission (NPC) and the Attorney General.

SUGGESTED LETTERS:

To Chairman
National Police Commission (NPC)

Dear Sir,

Re: TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse-- Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court

I have learned that Criminal Cases have being filed against police officers in the above mentioned cases. However, they still continue to function as police officers. Such officers are thus allowed to have opportunity to hurt others. Besides, victims remain under pressure from these officers. In any case, someone who has been accused of torture being allowed to continue as a law enforcement officer, is a mockery of justice. It does not manifest any respect for the human rights guaranteed in the Constitution and in International instruments to which Sri Lanka is a party.

We urge the National Police Commission to correct this situation.

Sincerely yours

****
___________


To The Attorney General

Re. TORTURE UNDER ACT NO. 22 of 1994; But the Accused Police Officers Still Function As Officers
Case of Lalith Rajapakse-- Case Before the Wattala Magistrates Court; Case of Kusumawathi Case Before the Kalutara Magistrates Court

I have learned that Criminal Cases have being filed against police officers in the above mentioned cases. However, the proper court to file these case is the High Court. Only the high court has the right to hear these cases. Except in exceptional situations, such as holding identification parades, there is not no justification for filing these cases in the Magistrates Courts. As a result of filing cases in the Magistrates Courts, the cases get delayed. When filing of cases in this manner is reported to UN officers and others agencies a wrong impression is also created about the actual situations. None of this helps to achieve the ends of justice.

We urge to correct this situation urgently.

Meanwhile the accused officers continue to work as police officers. Thus such officers are thus allowed to have opportunity to hurt others. Besides, victims also can under pressure of these officers. Any way, some one accused for torture being continuing as a law enforcement officer is a mockery of justice. It does not manifest any respect for human rights Guaranteed in the Constitution and in International instruments to which Sri Lanka is a party. I urge you as the Chief Prosecutor of the country to take steps to correct this situation.

Sincerely yours

****
____________


Send a letter to:

1. Mr. Ranjith Abeysuriya PC
Chairman
National Police Commission
69-1 Ward Place
Colombo 7
Sri Lanka
Fax: +94 1 691 926

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


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-27-2003
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.