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UPDATE (SRI LANKA): Woman Torture Victim Vindicated by Supreme Court

August 1, 2002

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

2 August 2002
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UP-51-2002 (RE: UA-42-2001: Angeline Roshana case - AG fails to prosecute one year after police torture)

UPDATE (SRI LANKA): Woman Torture Victim Vindicated by Supreme Court
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On Aug. 2, 2002, the Supreme Court of Sri Lanka declared a judgement in favour of Angeline Roshana, a 25-year-old woman who complained to the court of being tortured, illegally arrested and illegally detained by Inspector Selvin Saleh, officer in charge (OIC) of the Crimes Division of the Narahenpita police. The court held that her rights guaranteed under Articles 11, 13(1) and 13(2) of the Constitution of Sri Lanka had been violated by the police. The court in the judgement delivered by Justice Mark Fernando awarded her compensation of 100,000 rupees (US,172).

Angelina went to court under the procedures existing in Sri Lankan law to file an action before the Supreme Court for a fundamental rights violation. Fundamental rights are defined in terms of the country's Constitution.

In Angeline's petition, she claimed that she was arrested by a group of policemen led by Inspector Selvin Saleh who came to her home in a private vehicle and were not wearing police uniforms. She was then taken to the private residence of a wealthy family where Angeline used to do part-time domestic work. The lady of the house had sought the help of Inspector Seleh to recover a gold watch that she claimed she had lost and that Angeline had taken. When Angeline declared her innocence, she was verbally abused and kept in the house for several hours. Later she was taken to the Narahenpita police station where Inspector Saleh and another officer severely tortured her and verbally threatened and abused her. She was held at the police station for two days.

While she was held at the police station for two days and tortured, several people approached by her parents visited her in the police station and inquired about the treatment she was receiving at the hands of the police. Through these interventions, she was produced before a magistrate to whom she complained of being tortured. The magistrate ordered her to be produced before a judicial medical officer (JMO), who recorded several injuries. All of the people who saw her submitted affidavits to the court describing what they had seen.

Inspector Selah denied that he had tortured her or otherwise violated her rights.

The petitioner, Angeline Roshana, was represented in court by W. Rasik Sanjeewa. The Asian Human Rights Commission (AHRC) assisted her in her efforts to file and pursue her complaint.

In an earlier case filed against Angeline by the Narahenpita police for the theft of a gold watch, she was released by the magistrate in the magistrate's court in Colombo.

The Prosecution of Torture Victim's Unit under the Dept. of the Attorney General has inquired into Angeline's compliant and has filed an indictment against Inspector Seleh and another officer. Meanwhile, Inspector Seleh has left the country and gone to an unknown destination.

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Urgent Appeal Update
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UP-51-2002
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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.