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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]
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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
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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
Document ID :
UP-31-2003
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.