|
I. Introduction: A Message to AHRC "The work that you and others have done is getting results. The ASP Attapattu has called the three people who were beaten up for an inquiry and had taken their statements. The ASP has told that they have been pulled up by higher authorities because questions have been posed to the higher rank by some foreign organizations. IP SooriyaKumar has been transferred from Jaela police station to Paliyagoda. When we went to Biyagama police station on one of our NIVEKA campaigns we met one ASP and he praised our work against torture and he said that Sooriyakumar has been transferred and the inquiry against him has begun. We were asked by Chitral to pressure Up Neetipathi to file a case against Sooriyakumar under the torture act. We have prepared the affidevit and sending it to the chief justice to file the human rights case. so the wheels have started to role. I will keep you informed about the other developments also." Kalapaye Api- Sri Lanka.
The background to the message above can be found in this press release issued by AHRC and a letter sent to police authorities in Sri Lanka. AHRC PRESS RELEASE :Instruments of Torture must be removed from Sri Lankan Police Station lt is a crowded town situated by the Negombo road, just a few kilometres away from Colombo, on the way to the airport. These days there is lot of talk about what is happening at its police station. Acts of torture and other forms of cruel punishment are attracting public attention and causing serious criticism. AHRC MEDIA RELEASE 01 March 2002 MR-03-2002 AHRC has called for the removal of instruments of torture from the Ja-ela Police Station after the latest instances of police torture sparked mass protests outside Colombo. Ja-ela The latest incident was the torture of four workers on the 19th and 20th of February. This led even to picketing in front of the police station by about 1000 persons, organised by the trade union movement. The names of the tortured workers are: Bandula Rajapakse (forklift operator); R.P. Sampath Rasika Kumara (in charge of the stores); Mr. Ranaweera (security guard); and Chaminda Dissanayake (an Executive Officer). The assault was allegedly at the instigation of the Officer In Charge (OIC) of Crimes Mr. Suriyakumara, and was carried out by two police officers who have not yet been identified. The manner of assault was as follows: the Policemen attacked the three suspects using rubber hose and PVC pipes on the backsides for 15 minutes. Before the attack the suspects were asked to keep their hands on the wall; when Rasika turned the other way he got blows on the knees and fingers as well. Ranaweera got blows only from the PVC pipe; Chaminda was spared of much assault but was kicked by a Policeman. Bandula was not given even a glass of water. Rubber hose is apparently used to avoid making marks on the bodies of the persons. Once popular pressure mounted, the suspects were taken to a District Medical Officer at night, and thereafter produced before the magistrate. Four lawyers appearing for the suspects moved for bail, which the Magistrate granted and then ordered that the suspects be produced before a Judicial Medical Officer. The cause for arrests was the discovery that 46 rolls of cloth were missing from the stores of a Company named North Pole Lanka (Pvt) Ltd. The assaults were the result of the denial of any involvement by the four persons, even after several days of detention. The trade unionists are of the view that the management is trying to shift the blame onto the workers, rather than accept responsibility personally. AHRC spokesman, Mr. Park Jae-man Mr. Park continued, "We have requested the Deputy Inspector General of Police in Sri Lanka Mr. B.M. Liyanage to conduct a criminal investigation to use Act No. 22 to prosecute the culprits in this case. We have also asked that OIC Suriyakumara, who is the alleged instigator of this and many other regular acts of torture taking place at Ja-ela Police Station, be suspended pending the results of the inquiry." Regarding the implements of torture being used at the stations, Mr. Park said, "Rubber hoses, PVC pipes and all other instruments of torture must be removed from the police station. Police at Ja-ela station have shown that they are cannot be trusted to have these objects at their disposal. "Finally, we have requested that the DIG of Police not only remove these instruments of torture, but implement a compulsory training course for all police on Act No. 22 and it's implications for police and law enforcement officers, in keeping with the UN Convention Against Torture." Amnesty International issued a report last month on custodial torture detailing many such instances. said today, "Torture, cruel and inhuman punishment is a crime in Sri Lanka, punishable by a minimum period of seven years under Act. 22 of 1994. However, to date no one has been punished under this Act, despite a huge number of complaints, including complaints of rape in custody." |
March 1, 2002 Mr. B. M. Liyanage Deputy Inspector General of Police DIG's Office Colombo, SRI LANKA Fax: 941 328-874 Dear Sir, RE: A Compliant Regarding Torture, Cruel and Inhuman Treatment by IOC of Crimes Suriyakumara and Others at Ja-ela Police Station We wish to draw your attention to a complaint received by the Asian Human Rights Commission (AHRC) about the illegal detention and use of torture, cruel and other inhuman punishment by several police officers on the orders of OIC of Crimes Suriyakumara on four people who were arrested, namely, Bandula Rajapakse, a forklift operator; R. P. Sampath Rasika Kumara, who was in charge of the stores; Mr. Ranaweera, a security guard; and Chaminda Dissanayake, an executive officer. All of the people are associated with the North Pole Lanka (Pvt.) Ltd. The incidence of torture is alleged to have taken place on February 19 and 20, 2002. It has been reported to us that the policemen attacked the three suspects with a rubber hose and PVC pipes, hitting them on their backs for 15 minutes. Before the attack, the suspects were asked to keep their hands on the wall. When Rasika turned the other way, he was hit on his knees and fingers. Ranaweera received blows only from the PVC pipe. Chaminda was spared much of the assault but was kicked by a policeman. Bandula was not even given a glass of water. The use of rubber hoses is said to avoid leaving any marks on the bodies of those who are struck. The alleged reason for police involvement in this case is bribery of the police. As you are aware, torture, cruel and other inhuman punishment is a serious crime leading to a minimum period of seven years in prison under Act No. 22 of 1994. We request that a criminal investigation be conducted with the view to prosecute the culprits under Act No. 22 of 1994; that OIC of Crime Suriyakumara, who is alleged to be the chief instigator of torture in this and other cases that are believed to be regularly taking place at the Ja- ela police station, be suspended until the end of the inquiry; that the hoses, PVC pipes and all other instruments of torture be removed from the police station; and that all police officers be instructed about Act No. 22 of 1994 and its implications for police officers and law enforcement. We trust you will take appropriate action on this matter. Thank you. Yours sincerely, PARK Jae-man Programme Officer |
AHRC's LETTER TO POLICE AUTHORITIES: III. STAGES of the Campaign A group of Activists belonging to an Associate NGO of AHRC - Kalapaye API- received the information that four persons, of whom three were workers, were arrested by the police. They immediately visited the police station and found that the four arrestees had been assaulted by the police. Several activists then remaind in police station to guard the interests of the detainees while the others went out to get the message to others.
The message was transmitted to other activists of the network and also AHRC.
Other members of the Network contacted the National Human Rights Commission.
The National Human Rights Commission immediately visited the police station. Its representatives talked to the detainees and the police. They also made necessary entries in the books maintained by the police.
The activists sought the intervention of the community. About 900 -1000 persons demonstrated in front of the police station demanding the release of the detainees. About 900-1000 people demonstrated in front of the police station - Under pressure the police took the detainees to a District Medical Officer and then produced them before a magistrate. Four lawyers also went the Magistrate on a voluntary basis. The Magistrate recorded the complaint of torture and other cruel and inhuman treatment made by lawyers on behalf of detainees. He ordered the release of the detainees on bail and that they should be produced before a judicial medical officer.
- The report of detention and torture was made by AHRC to the police authorities and a Press Release was issued. The Press Release called for immediate action including proceedings against the perpetrators
- The Press release was picked up by One world net, which interviewed AHRC over the telephone and published the report. This report appeared also in Lanka Academic.
- Kalapeye Api published a report in a local publication.
- The Police Authorities conducted an investigation and recorded the statements of the detainees. They also immediately transfered the police officer who is alleged to be the chief perpetrator.
- The detainees filed a fundamental rights application before the Supreme court of Sri Lanka. They were assisted by activists and lawyers.
- The detainees also wanted criminal proceedings to be filed against the perpetrators.
- The Activists will take the lesson of this campaign to others to demonstrate how to act in the future in similar situations.
- There is sprit of enthusiasm generated due to the campaign.
IV. Suggested Activity Compare this with similar situations known to you. What are lessons you can learn? What are the improvements you can suggest?
|
