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UPDATE (SRI LANKA): Update on torture of 17-year-old boy, Chamila Bandara, by Ankumbura police
August 19, 2003
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Updated Appeal 20 August 2003 [UA-39-2003: SRI LANKA: Torture of 17-year-old boy on August 11, 2003] ------------------------------------------------------------ UP-31-2003: SRI LANKA: Update on torture of 17-year-old boy, Chamila Bandara, by Ankumbura police
SRI LANKA: Doctors declare permanent loss of use of one arm -----------------------------------------------------------
Dear Friends,
Doctors informed Chamila Bandara and his family on Aug. 19, 2003, that Chamila Bandara has lost the use of his left arm permanently. Chamila Bandara is at present being treated at the Paradeniya Teaching Hospital in Sri Lanka.
He was illegally arrested and detained from July 20 to 28, 2003, at the Ankumbura police station and was severely tortured. The Asian Human Rights Commission (AHRC) issued a detailed urgent appeal and statement regarding his case on Aug. 11, 2003.
In this statement, among other things, Chamila stated, "Then they put my hands on my back and tied my thumbs together with a string, and they put a fibre string between the thumbs and hung me on a beam on the ceiling. One officer pulled the fibre string so that I was raised from the ground. When I was raised, my hands turned, and they became numb. Then the OIC [officer in charge] kept hitting me on my legs and soles with a cricket wicket. He hit me on my thighs. While hitting me in this manner, he asked me who my friends were. Because of the extreme pain, I said, "One is Roshan Deepal, and the other is Salier." Because of the unbearable pain, I said, "Though I did not do any thefts, I am willing to admit to anything." Then I requested that the police bring me down and untie me.
The OIC said, "That won¡¦t do till you tell us about all the thefts you have done - one by one. We will keep you hanging. We will tie a stone on your legs."
In the earlier case of Gresha de Silva of Galle where Gresha was hung in a similar manner, Prof. Nereealla made a similar finding to the effect that Gresha had lost the use of both arms; and in the similar case of Gerald Perera, who was awarded 800,000 rupees (US$9,555) in compensation by the Supreme Court, the medical reports revealed serious injuries to both arms.
Your urgent action is required to correct this matter.
SUGGESTED ACTION - SEND LETTERS/E-MAILS/FAXES TO:
1 Chandrika B. Kumaritunga President Presidential Residence, Colombo 3, SRI LANKA Fax: +941 333 703
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 or counsel@sri.lanka.net
3 Mr. Ranjith Abeysuriya PC Chairman National Police Commission 69-1 Ward Place, Colombo 7 Sri Lanka Fax: +94 1 691 926 Fax HOME: +94-1-674-148
4 National Human Rights Commission of Sri Lanka No. 36, Kynsey Road, Colombo 8 SRI LANKA Tel: +94 1 694 925 / 673 806 Fax: +94 1 694 924 E-mail: sechrc@sltnet.lk
5 Mr. Theo C. van Boven Special Rapporteur of the Commission on Human Rights on the Question of Torture OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneva 10, Switzerland Fax: +41 22 917-9016 E-mail: secrt.hchr@unog.ch
and at:
International Relations Maastricht University The Netherlands Tel. 31-43-3883233 (Assistant: Chantal Kuipers) Email : th.vanboven@ir.unimaas.nl
6 Mr. Jean Nicolas Beuze Room 3-052 Office of the United Nations High Commissioner for Human Rights, Palais Wilson,
Rue des Paquis 52, Geneva Switzerland tel: 41 229179174 fax: 41 22 9179 006 email: jnbeuze.hchr@unog.ch
SUGGESTED LETTER:
Dear Sir:
Case of B. G. Chamila Bandara Jayaratne (17 years old)
Brutal torture of a 17-year-old and others causing permanent injuries; illegal arrest; illegal detention for eight days by the ANKUMBURA police
I am writing to protest against the brutal torture of a young person. The case is only one more addition to a cruel practice that is being allowed to go on in police stations throughout Sri Lanka. I urge you to investigate, arrest and prosecute the offenders. Please issue special instructions for arrests, particularly for children. We strongly urge you to discipline the police so that they desist from torture, from the fabrication of cases and from registering false cases.
I also urge the Sri Lankan government to provide medical assistance to this young person so that he may have treatment for the permanent injury caused to his left arm as a result of being hung up by his thumbs and tortured.
Please take some immediate and genuine steps to stop torture!
Yours faithfully,
-----------------------------------
Thank you.
PAMELA APPS Urgent Appeals Programme Asian Human Rights Commission
Document Type :
Urgent Appeal Update
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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.
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