Home / News / Urgent Appeals / UPDATE (Sri Lanka): Urgent protection is necessary for the torture victim
 

UPDATE (Sri Lanka): Urgent protection is necessary for the torture victim

October 3, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
4 October 2004

(UA-122-2004: SRI LANKA: Second torture of a torture victim who was kidnapped by the perpetrator issued on 22 September 2004)
---------------------------------------------------------------------
UP-54-2004: SRI LANKA: Urgent protection is necessary for the torture victim

SRI LANKA:  Continuous attempts on a victim's life
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the safety of a torture victim, Mr. Channa Prasanka Fernando, and urges the local authorities to provide full protection to him.

According to the updated information we have received, Mr. Channa Prasanka Fernando went into hiding in order to safeguard his life. On 27 September 2004, he went to the Ragama Teaching Hospital due to severe head pains which resulted from an alleged blow to his forehead with a pistol butt by Sergeant Subasinghe. Mr. Fernando informed to a local human rights NGO that in the afternoon of September 28, he saw a close associate of Sergeant Subasinghe who was accompanied by a group of persons hovering around the ward which made him fear that a third attack upon him was imminent. Thereafter, instead of seeking treatment he went into hiding in order to safeguard his life.

Mr. Channa Prasanka Fernando was allegedly tortured by Sergeant Subasinghe on 13 June 2004. After the incident, Mr. Fernando made several complaints against the Sergeant Subasinghe about his torture. Mr. Fernando further alleges that he was kidnapped and taken to an unknown place on 15 September 2004 by a group of people including the said Sergeant Subasinghe, and over the next two days Sergeant Subasinghe visited him, tortured him and finally forced him to provide a letter withdrawing the charges against him and a further letter to his mother stating that he was committing suicide of his own free will. He could barely escape from the house where he was kept. (Refer to: UA-122-2004) He stayed in a shelter out of fear after the incident but due to severe head pains he entered the Ragama Teaching Hospital on the morning of September 27.

Despite all these incidents, no inquiry has been conducted against Sergeant Subasinghe and no arrest has been made. Mr. Fernando's mother, A.A. Winifreda Fonseka, wrote to the Chairperson of the National Human Rights Commission (NHRC) of Sri Lanka on September 28 asking for the protection of her son's life.

The AHRC urges the government of Sri Lanka to ensure that a prompt inquiry is held into the allegations of Mr. Fernando, resulting in the arrest and prosecution of the culprits as under the Criminal Procedure Code of Sri Lanka and international law if Mr. Fernando's allegations are found to be sufficient to establish a prima facie case.

A translation of a letter written by Mr. Fernando's mother to the NHRC, asking for the protection of her son's life, is attached below.

[The victim's mother's letter to the NHRC of Sri Lanka]

The Chairperson
National Human Rights Commission of Sri Lanka
Kinsey Road
Colombo 8

SEEKING PROTECTION FOR LIFE

This has reference to my letter of 20 September 2004 and the Complaint Number HRC2666/04/1(VII)

Dear Chairperson,

My eldest son S.Channa Prasanna Fernando informed on 20 September 2004 both by fax and letter that several officers of the Negombo police including Sergeant Subasinghe abducted him, kepthim hidden and tortured him for three days during which time he was  forced to give letters to the effect that he was withdrawing the complaints made by him against the said officer and that he was committing suicide of his own accord.

Since a  severe headache resulting in shock due to the torture required immediate medical attention in a place that provided protection, we decided to have him admitted to the Ragama General Hospital on 27 September 2004,  not to the Base Hospital in Negombo.

But the following day, 28 September 2004, due to the appearance of a suspicious person at ward 7 where he was warded (a cousin of the police officer who was accused of torturing Channa Prasanna Fernando), we were compelled to get him discharged from the hospital. Consequent to the abduction and torture and due largely to security fears of our son, we have refrained from informing either his whereabouts to our relatives or keeping  him at home. When we came to know that the information about our son was provided by the police personnel at the Ragama General Hospital to the police in Negombo, we strongly felt that the relative of Seargeant Subasinghe must have come to the ward on his instructions.

It is quite frustrating and disheartening to see these things being repeated despite the complaints made to the proper authorities regarding all the previous incidents. Since we sought legal protection for our son we were just able to save his life this the second time. Now I beg of you to intervene before it happens the third time, both to safeguard his life and to conduct a speedy and impartial inquiry into all these incidents   

Thank you.
 
Yours faithfully,

(Signed)

Amarasinghage Alan Winifreda Fonseka


SUGGESTED ACTION:
Please send a letter to the addresses below and urge them to provide full protection to Mr. Fernando, conduct a prompt inquiry into the allegations of Mr. Fernando, and prosecute the culprits if the allegations are found to be true.

Sample letter:

--------

Dear Sir,

Re: SRI LANKA: Urgent protection should be provided to the torture victim, Mr. Channa Prasanka Fernando and a prompt investigation into Mr. Fernando's allegations must be launched

I am writing to bring to your urgent attention the safety of a torture victim Mr. Channa Prasanka Fernando.

Mr. Channa Prasanka Fernando was allegedly tortured by Sergeant Subasinghe of the Negombo police on 13 June 2004. Mr. Fernando further alleges that he was kidnapped on 15 September 2004 by a group of people including the said Sergeant Subasinghe, and tortured by Sergeant Subasinghe who finally forced him to provide a letter withdrawing the charges against him and a further letter to his mother stating that he was committing suicide of his own free will. He could barely escape from the house where he was kept for almost three days on September 27.

Even though he needed urgent medical attention, he stayed in a shelter out of fear, but due to severe head pains he entered the Ragama Teaching Hospital on the morning of September 27. However, I was informed that Mr. Channa Prasanka Fernando feared a third attack and went into hiding in order to safeguard his life in the afternoon of September 28 after he saw a close associate of Sergeant Subasinghe, accompanied by a group of persons, hovering around the hospital ward.  Thereafter, instead of seeking treatment he went into hiding in order to safeguard his life.

Based on the circumstances, I strongly urge you to provide full protection to Mr. Fernando immediately. I also urge you to order a prompt inquiry into the allegations of Mr. Fernando, and prosecute the culprits if the allegations are found to be true.

Thank you for your attention into this matter.


-----------------

Send a letter to:

1. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

6. Mr. Leandro Despouy
Special Representative on the Independence of judges and lawyers
OHCHR-UNOG, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9175727
Fax: +41 22 9179006

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-54-2004
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.