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UPDATE (SRI LANKA): Torture victim, Lalith Rajapakse, was acquitted of fabricated charges

September 29, 2003

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 30 September 2003

[RE: UP-27-2003: Torture under Act No. 22 of 1994: but the accused police officers still function as officers18 July 2003, 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)
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UP-39-2003: SRI LANKA: Torture victim, Lalith Rajapakse, was acquitted of fabricated charges


SRI LANKA: Case of Lalith Rajapakse before the Wattala Magistrate's Court

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Dear Friends

The Asian Human Rights Commission (AHRC) is very happy to give you good news that Mr. Lalith Rajapakse, a torture victim, was acquitted of fabricated charges on 29 September 2003.

I kindly request you to write to the Government of Sri Lanka to take speedy action to bring the responsible person(s) to justice and to compensate Lalith Rajapakse for the acts of the police in fabricating charges against him. The sample letter is attached. Further, none of the perpetrators, who had tortured Lalith Rajapakse, has been punished so far.

To see our previous urgent appeals regarding Lalith Rajapakse's case, please visit:

[UP-27-2003: Torture under Act No. 22 of 1994: but the accused police officers still function as officers

UP-29-2002: Court orders Release of Lalith Rajapakse

UA-19-2002: Urgent medical help needed for torture victim]

We thank you for all your support in the past for this case.

Urgent Appeals Desk
Asian Human Rights Commission
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UPDATED INFORMATION:

Lalith Rajapakse, who was so brutally tortured by the officers from the Kandana Police, was acquitted of the fabricated charges filed against him at the Magistrate's Court of Wattala, Sri Lanka yesterday (29 September 2003). The victim had been charged of two acts of robbery. On both cases the defense maintained that the police fabricated charges after they tortured Lalith Rajapakse and took him to the hospital in an unconscious condition on 20 April 2002. Later the police filed 2 cases of robbery charges against Lalith Rajapakse before the magistrate.

In fact, actual culprits of these two cases have not been found because of the police's inability. Yesterday, at the Magistrate's Court of Wattala, the complainants in both cases stated that they have made no complaint against the victim. At this stage the attorney for Lalith Rajapakse, W.R. Sanjeewa, moved that there was no basis to proceed with the case and requested the Magistrate to acquit the charges against the victim. The Magistrate made orders to acquit Lalith Rajapaske in both cases.

AHRC has consistently pointed out that in almost all the victims of torture cases are innocent and the torture is used for the purpose of implicating innocent person(s) in unresolved crimes. The case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and due to be heard next month. A criminal case under the Torture Act (Act No. 22 of 1994) of Sri Lanka has been filed in the High Court of Negombo against several police officers who have torture Lalith Rajapakse. No date has yet been fixed for trial.

Further, nothing has been done by the state for rehabilitation of the torture victim, Lalith Rajapakse. AHRC is trying to pursue this matter before the UN Human Rights Committee. You may write to request the Government of Sri Lanka to compensate Lalith Rajapakse for the acts of the police in fabricating charges against him. A sample letter is attached.

We thank you again for all your support in the past for this case.

Send a letter to:

1 Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 1 2 682905
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 2 436 421
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 2 691 926
Fax HOME: +941 2 674148

4. National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 2 694 925 / 673 806
Fax: +94 1 2 694 924
E-mail: sechrc@sltnet.lk

Sample letter:

Dear

I am pleased to learn that Mr. Lalith Rajapakse, who was so brutally tortured by the officers attached to the Kandana Police Station, was acquitted of the fabricated charges filed against him at the Magistrates Court of Wattala, Sri Lanka on 29 September 2003.

However, nothing has been done by the state for rehabilitation of the torture victim, Mr. Lalith Rajapakse. In addition, even though criminal cases have been filed against police officers who tortured the victim, they still continue to function as police officers. Such officers are thus allowed to have opportunity to hurt others.

I urge you to intervene with relevant government authorities to compensate Mr. Lalith Rajapakse for the acts of the police in fabricating charges against him. I also urge you to work towards speedy action to punish the police officers who have tortured the victim and later even fabricated cases against him in expediting the criminal case against the police officers.

Sincerely yours

 

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Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-39-2003
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.