Case No. 1
The case of BHAVANI
Bhavani was 45 years old when she was tortured to death. She was a widow, her husband having being dead for 17 years. She belonged to Pulaya a dalit community. She was a worker with three children. It was her determination to get her children educated and in fact her son is an under-graduate and the two daughters are pre-university students. She had no property and lived in a poor hut without even a proper door. In the locality where she lived there were six families belonging to another separate caste. The members from these families often raped dalit girls and perpetrated other forms of violence. There was no point in complaining against them; in fact no one dared to complain against them. However, Bhavani was an exception. Her courage led her to the police stations to make complaints against such activities. In fact over a period of two years she had made seventy two complaints against these persons. She had carefully kept photocopies of these complaints.
Under normal circumstances her complaints would have come under SC (schedule caste) and ST Prevention of Atrocities ACT. Under the provisions of these Acts these complaints should have been inquired into by a Deputy Superintendent of Police, Dy SP, without delay and the offences are non-bailable. However no investigation has been made regarding any of these complaints and consequently no action has been taken.
On the 1st of January 2000 while Bhavani was returning by bus from work, she realized that there were persons in the bus who intended to harm her. She refused to get down from the bus but was dragged out of the bus by about four persons and was assaulted. She was attacked with the stones taken from a heap of granite kept for road repairs. Later she was dragged to a casheu nut plantation and a big piece of wood was pushed through her private parts. She was left unconscious with severe bleeding.
After some time, having gained some consciousness she dragged herself to a nearby house and asked for some water from the woman in the house. She was given water and Bhavani narrated to this woman all that occurred to her giving even the names of the assailants. The woman then telephoned the police, who arrived a little later and took her to the hospital. At this stage too, Bhavani narrated her story to the police. At the hospital the authorities realizing how serious she was, informed the police to take her to the medical college hospital, which the police refused. She was not given any treatment at the hospital either. At the hospital she narrated her story.
The family, having received the news late, arrived at the hospital about 11 am next day. The family then took her in a car to the medical college and on the way she died in the arms of her children.
Despite the complaints, the police did not take up this case under the Atrocities Act, as they should have done. The local newspapers did not give adequate publicity to the incident. It was only after the attempted suicide by the youngest daughter in sheer frustration and after a local NGO had taken up the case that the police began to move on the matter. However the police action up to date remains thoroughly inadequate.
- The police had failed to act on her complaint. Had they done so, this tragedy would not have happened.
- The police failed to take the wounded person from the local hospital to the medical college hospital as advised by the hospital authorities.
- The hospital authorities did not attend to the victim; not even first aid was administered which would have saved the life of the woman and this amounts to gross medical negligence.
- The local police are apparently protecting the accused. They have deleted the name of NO.1 accused in the FIR, and have deliberately omitted relevant sections to save the accused.
Case No. 2
Massacre of 50 persons in August 1989 in the village Mahawatta,Kandy, Sri Lanka.
During the 1988 to 92 period over 30,000 persons according to official figures have disappeared in Sri Lanka. Unofficially the figure is over 60,000. During this period in Kandy the vigilante groups colluding with the police attacked one village causing over 50 deaths. In fact the actual figure is not known even to date. All the bodies were taken in trucks during curfew times and buried.
This incident has not been properly investigated even up to date. No person has yet been prosecuted and no legal action taken against anyone.
Religious (Nuns) Promoting Human Rights – sharing of experiences
An example of grass-root involvement with some of the most oppressed groups in India, was shared by Sister L.C. Maria, Franciscan Sisters of Aloysius Gonzaga, where the sisters of her congregation work among the dalits, fisherfolk, and the tribal communities.
The experience of the Sisters is one of participating in a process where the people themselves learn to resolve their problems and thereby gain independence and the confidence to face society in their own terms. Particularly among the women folk, gaining of such self confidence and assertion of independence is found to be very difficult as they are oppressed by the male dominated society and the members of the higher castes. Their work among the dalits, the tribals and the fisherfolk has led to the formation of Sangams which are strong enough to resist attempts even by the police to Torture their members. Despite the harassment coming from the upper castes, they went on working among the low castes and the bonded laborers to get their land and to become freed from their bondage to the landlords.
Recognizing the importance of educating the Dalits, the tribals and the fisherfolk, programs were drawn up to educate them both formally and informally.
The study of human rights has become an integral part of their studies in the schools. The children and the parents now feel strong enough to assert themselves and defend their basic rights.
For their work they have been able to tap the resources made available by the government without being dependent on the foreign funding agencies. Besides, the sangams have been able to collect a good amount of money as a result of their savings and now the sangams run their own cooperative bank as well. Besides, they are able to get loans and other assistance from the Governments Banks in the locality.
Buddhist Monk Promoting Human Rights for Minorities – Sri Lanka
A few among a majority of individuals who are daily subjected to various forms of torture at the hands of the Sri Lankan Police that has tasted unlimited power under the prolonged Emergency Regulations, would approach the judiciary. Under the prevailing circumstances it was even possible for the police officers to settle personal scores. Corruption and injustices have become rampant.
In the present circumstances, the situation in the villages is considerably worse than that of the cities. While the military confrontation between the army and the LTTE is poised in the North and the North East, insecurity is experienced by all but particularly the members of the Tamil community who are often concentrated in a few areas in the city of Colombo, the plantations and the Sinhalese/ the Muslims living in the border villages. The ordinary people who are exposed to hazards like bombs are often the targets of harassment by the police.
It is apparent that the ordinary people are making enormous efforts to ensure their safety.
But it should never be permitted for any section of the society to be exposed to unfair and extreme forms of injustice and harassment particularly when they are the poor and the marginalised. Of the latter, the Tamils are an easy target. A greater surveillance of the Tamil people on grounds that some of them may have been coaxed to join the LTTE is understandable. But if they are harassed, imprisoned, humiliated and searched simply because they are Tamils, then there is no truth in the saying that the war is against LTTE and not against the Tamil people. Moreover, if the citizens of the country are equally silent about it………
Some discernible trends that emerged, following the search operations conducted after April 19 in and around Colombo:
Houses and the Lodges being Searched
The frequent search operations in the areas of Bambalapitiya, Wellawatta, Dehiwala, Kotahena, Kochchikade where the majority of the tamils reside, are generally conducted at night.
While the search operations are conducted by the combined forces of the local police, the CID, army intelligence units, they come either in their uniforms or civilian clothes. Addressing the people decently and revealing their identity should not become a problem to their search operations.
While the occupants are huddled into one room during these search operations, there have been instances of reported loss of jewellery. Ladies in their night dresses being questioned and at times being taken to police stations for further questioning without being allowed to wear normal dresses has led to embarrassment and humiliation.
Since it has been a requirement that the Tamils living in the cities report their presence to the nearest police station, any failure regarding this matter can allow them to be picked up by the police. Any suspicion regarding the ID can see them end up in the police station. The time period required for their search and release can vary. The persons thus taken in are often kept with the detainees and it is not uncommon that they are harassed or beaten. Even though it is a technical requirement that on arrest they are issued a notice, it rarely happens.
Vehicle Checks and Detention (on the road?)
The public buses that ply in the areas of majority Tamils, eg. Numbers 102, 112, 155, 168 are often searched. On such occasions the Tamil persons are kept behind while the others are allowed to continue their journey; and it is very rare that the ladies searched by the lady police officers.
Since the reporting requirements can vary from officer to officer the Tamils are often at a loss to know what to report. What is worse is that in case they are taken for further questioning, there is no way to inform their kith and kin about their whereabouts, despite the fact that it is the responsibility of the detaining officer to do so. In the absence of such provisions, the chances of disappearances are obvious. Not many in fact are aware of this provision. Even in cases where it is known, it is rarely used. Therefore it is the responsibility of the detaining officer to attend to this matter.
Tutories, Kovil and the Lodge Checks
It is been reported that the youth at tutories, Kovils and the lodges are questioned and detained.
The lodges that are being frequented by the long distance travellers and the late comers are often checked. When they are questioned, instead of recognizing the fear resulting from ignorance or the poor knowledge of Sinhalese, the obvious attempt has been at instilling further suspicion and fear. It is the perception of the Tamils while they are in Colombo they should be subject to any form of harassment. This feeling in fact has been exploited by some unscrupulous persons.
Confining the Suspects to Prison Protection
There is no accepted time line or a system for the suspects to be produces before the magistrate. This has paved the way for bribery. These suspects who are sent to prisons like Mahara where the common criminals are housed, are often exposed to all forms of ill treatment. There are even reports of sexual harassment.
There is a tendency to release these suspects on bail. But hardly anyone would be prepared to pay the bail. This has provided the setting for the emergence of persons/groups with vested interests.
Such mishaps are generally faced by the Tamils who lack political patronage. The outcome is nothing other than the harassment of ordinary Tamils which will eventually lead to further deterioration of the relationship between the two communities.
Let not the persons taken into custody
for security reasons be treated like criminals
We recommend:
1. Alternative places be found for their detention,
2. The adoption of speedy procedures and their registrations in investigations,
3. Conduct inquiries in a manner that safeguards their dignity particularly of the women,
4. Strict observance of the procedures laid out by the government in the detaining of persons,
To ensure their speedy implementation;
Our Action:
a) possibility of discussions with the police,
b) formation of citizens committees that can look into these matters,
c) contacts be established either by phone or by visits to the police stations once the reports of arrests are reached – It is our intention to form such a committee.
The least expected from the committee would be to get the following information from the police:
� Verification of the claims of arrest,
� Verification of the arrest,
� Whether there are any papers relating to the arrest,
� The date on which she/he would be produced before the magistrate.
