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UPDATE (SRI LANKA): Two people tortured to death, another young man tortured by the police of the same police station

November 28, 2002

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

28 November 2002
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UP-67-2002 (UA-59-2002: A 70-year-old man tortured to death by police)

UPDATE (SRI LANKA): Two people tortured to death, another young man tortured by the police of the same police station
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The Asian Human Rights Commission (AHRC) has been informed that a 25-year-old man was tortured by the police at the Kirindiwela police station - the same police station where a 70-year-old man, P. A. Piyadasa, was tortured to death (see our previous appeal at http://www.ahrchk.net/ua/mainfile.php/2002/379/; please note that his correct age is 70, not 78).

According to the information we have received, Mr. Nalinda Senaratne from Wahalmaluwa of Kirndiwela was assaulted and taken into police custody by the police attached to the Kirndiwela police station on Nov. 16, 2002. He was arrested on suspicion of stealing chickens. Later he was admitted to the Ragama Hospital and underwent an operation to assess the internal injuries to his stomach. The doctor then referred his case to the judicial medical officer (JMO) of the hospital and sent him to the prison hospital. He is still supposed to stay there. Unfortunately, no further information has been received at the present time about his condition.

As we informed you earlier, the Kirndiwela police have been accused of torturing to death Mr. P. A. Piyadasa. Thereafter, two police officers, Inspector Premasiri and Subinspector Priyahtha Jayakody, have been appointed to conduct inquires regarding the incident. Meanwhile, the officer in charge (OIC) of the Kirindiwela police station, Ranjuth Mahimkanda, and six other policemen have been transferred pending the completion of the investigation.

In addition to these cases of torture allegedly committed at the Kirindiwela police station, it has been learned that the police officers of the same station have also been accused of another case of torturing a person to death the previous month. The mother of the victim has complained that her son, Ranjuth Karunaratne, was allegedly tortured to death by the same police officers at the same police station. Presently, this is all the information that is available on this case.

Thus, at the present time, the police of the Kirindiwela police station are accused of two cases of torturing prisoners to death and one case of torture.


SUGGESTED ACTION

Please send letters to the minister of interior, attorney general and inspector general of police (IGP) of Sri Lanka, expressing your concern at the increasing number of deaths in police custody and urging them to conduct immediate and impartial investigations into all alleged torture cases.


SAMPLE LETTER (You may use your own words or use the following as a sample)

Dear

Re: Two cases of alleged torture to death and the torture case of Mr. Nalinda Senaratne

I am writing to express my grave concerns about the increasing number of people dying in police custody in Sri Lanka and to urge you to immediately initiate impartial investigations into all alleged torture cases, especially by the police of the Kirindiwela police station.

During the last few days, I have been shocked to learn that two people have allegedly been tortured to death and a 25-year-old young man, Mr. Nalinda Senaratne, was tortured to such an extent that he required an operation in the hospital to assess his internal injuries caused allegedly by torture.

Even though members of the international human rights community have expressed extreme concerns about the widespread use of torture to you and have urged you to take concrete steps to stop these crimes against humanity, no actions have been taken and no perpetuators of torture have been brought to justice at the present time.

Therefore, once again, I strongly urge you to take action to stop these crimes and to urgently begin immediate and impartial investigations into all alleged torture cases. Because the State and responsible agencies continue to be negligent in undertaking their obligations, many more innocent lives will be lost at the hands of "the protectors of the law."

I look forward to leaning about your action to stop these crimes against humanity.


Sincerely yours,

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PLEASE SEND YOUR APPEALS TO:

1. Minister of Interior
Mr. John Amaratunga
Ministry of Interior
P.O. Box 572, No. 15/5, Baladaksha
Mawatha, Colombo 3
SRI LANKA
Fax: 941 389 021
E-mail: interior@sltnet.lk
SALUTATION: Dear Minister

2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436-421
E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
SALUTATION: Dear Attorney General

3. Mr. T. E. Anandrajah
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 1 446-174
SALUTATION: Dear Inspector General of Police

Document Type :
Urgent Appeal Update
Document ID :
UP-67-2002
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.