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UPDATE (Sri Lanka): Inaction by the Attorney General to prosecute the torture perpetrators of Mullakandage Lasantha Jagath Kumara

November 12, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal

12 November 2004

[RE: UA-20-2001: SRI LANKA: Cases of torture and extra-judicial killings]
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UP-69-2004: SRI LANKA: Inaction by the Attorney General to prosecute the torture perpetrators of Mullakandage Lasantha Jagath Kumara

SRI LANKA: Delay in delivering justice to torture victim
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the case of Mullakandage Lasantha Jagath Kumara, who was tortured to death by police officers of Payagala Police Station, has not yet been prosecuted under the Convention Against Torture (CAT) Act, No 22 of 1994. 

According to the information received, though Inspector of Police (I.P.) Wickrenaratne, has been charged with murder by the Criminal Investigation Division after studious investigations about this case, and he, along with I.P. Iddemalgoda, have been charged with infringing the fundamental rights of the petitioner in the Supreme Court (Case No. SC/FR 471/2000.), the Attorney General has failed to indict all those involved in the death of Mr Kumara, under the CAT Act, No. 22 of 1994.  Consequently, the two Inspectors of Police, together with their fellow police personnel, Vithana, Guneratne, B.A. Palitha, Sunil Ranathunga, Jayantha Pushpakumara, and W.D. Dilantha Pushpakumara, remain unpunished for their crime in accordance with the CAT Act.

Twenty three year old solider, Lasantha Jagath Kumara, was arrested by the officers of the Payagala Police Station on 12 June 2000, and illegally detained at the police station for five days where he was subjected to torture and abuse. After being remanded in Welikada Prison, he died at the prison due to injuries caused by the torture on 20 June 2004.  (See further: http://www.ahrchk.net/ua/mainfile.php/2001/116/).

The AHRC asks that you intervene in this case. Please write a letter to the Attorney General demanding immediate action to prosecute the perpetrators under the CAT Act.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SUGGESTED ACTION:
Please send a letter, fax or an email to the Attorney General of Sri Lanka and request him to take immediate action to prosecute the perpetrators under the CAT Act.

Suggested Letter:

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

Dear Sir,

Re: Torture and death of Mullakandage Lasantha Jagath Kumara, and failure of prosecution under the CAT Act, No. 22 1994

Name of the victim: Mullakandage Lasantha Jagath Kumara
Complainant: Kotedurege Sriyani Silva, the wife of the victim,
Address of the complaint: Pitawatte, Gomerankande, Paiyagala
Alleged Perpetrators: (served at the Payagala Police Station at the time of the incident)
1. Inspector of Police Wickrenaratne of the Kandana Police Station
2. Inspector of Police Iddemalgoda of Palali Police Station
3. Police Sergeant 1241 Vithana; C/o, S.S.P. Batticoloa
4. Police Sergeant 1556 Guneratne of the Katuwana Police Station
5. Police Sergeant 18462 B.A.Palitha of the Paiyagala Police Station
6. Police Sergeant 13006 Sunil Ranathunga of the Meegahatenne Police Station
7. Police Constable 1040 Jayantha Pushpakumara, C/o, S.S.P. Elpitiya
8. Police Constable 27126 W.D.Dilantha Pushpakumara of the Beruwela Police Station
Date of incident: arrested on 12 June 2000; died on 20 June 2000 in Welikada Prison 
Case status:  No action to prosecute the torture perpetrators

I have learned that no criminal action has been taken by your Department against the alleged perpetrators of the illegal detention, torture and death of 23-year-old, Mullakandage Lasantha Jagath Kumara by the Payagala Police. The victim died on 20 June 2000 after being subjected to severe torture committed by police officers mentioned above.   

I am therefore writing to bring your attention to this matter. Though Inspector of Police (I.P.) Wickrenaratne, has been charged with murder by the Criminal Investigation Division after studious investigations about this case (Case No. N.S. 46635 at Kalutara Magistrate Court), and he, along with I.P. Iddemalgoda, have been charged with infringing the fundamental rights of the petitioner in the Supreme Court (Case No. SC/FR 471/2000), the Attorney General has failed to indict all those involved in the death of Mr Kumara, under the CAT Act, No. 22 of 1994.  Consequently, the two Inspectors of Police, together with the other six accused above remain unpunished for their crime in accordance with the CAT Act.

In light of this, I urge you in your capacity as Attorney General, to indict the above mentioned perpetrators of torture under the CAT Act, so as to ensure that justice is achieved for Mr Kumara, and for other victims of such crime.

Sincerely yours,



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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-69-2004
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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.