ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-173-2011

21 September 2011

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ISSUES: Extrajudicial killing; impunity; rule of law

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The Asian Human Rights Commission (AHRC) has received information that Mr. Sanchiarachchige Thushara of Keselwatte, Pitakotuwa in the Colombo District was extrajudicially killed by police officers in broad daylight on 8 September 2011. While he was talking to two of his friends on the roadside the police officers who arrived the scene opened fire wire on the victim without warning. Neither the victim nor any person at the scene, which is one of the highest populated urban areas, made any threatening gestures towards the officers nor did they obstruct them in their duties. The state’s policy of combating crime by killing suspects has encouraged the police officers to kill innocents with impunity. The fact that no proper investigation has been carried out yet is a denial of justice to the victim and his family. The case further illustrates the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Sanchiarachchige Thushara of Keselwatte, Pitakotuwa in the Colombo District was extrajudicially killed by police officers in broad daylight on 8 September 2011.

Thushara was at Grandpass, a suburb in Colombo talking to two of his friends in the morning of 8 September when a group of police officers approached the three men. Without giving any warning or demanding that he surrender the offers mercilessly shot Thushara several times. This heinous crime took place in the full view of dozens of witnesses. Grandpass, the place where the incident took place is one of the highest populated urban areas in the capital. There was no apparent reason for the shooting as neither the victim nor any of the onlookers made any attempt to harm or obstruct the officers. No arrest warrant was produced nor did the police inform the victim that he was under arrest. They simply shot him in cold blood.

If the officers had informed Thusara that he was under arrest, and correctly shown him an arrest warrant they might have had some justification in shooting him when he tried to abscond. However, that was not the case; they simply approached the victim and shot him dead.

Thushara when seriously injured but still alive when the officers admitted him to the National Hospital of Sri Lanka (NHSL) at Colombo but later succumbed to his injuries.

Several hours later the police announced that Thushara had pulled out a machine gun and aimed it at the police officers who encountered him while they were heading for Grandpass. The police also said that Thushara was talking to two persons when they saw him but could offer no explanation as to why he turned a weapon on them.

Then, in contradiction to the first statement the police later announced that Thushara had had a gun in his possession and had aimed it at the police officers when he saw them from a distance. The police officers then tried to take the gun into their custody. They went on to say that Thushara was a criminal suspect who has allegedly been involved in a number of criminal activities and that they had shot him during the melee. The police also announced that they found a loaded clip and a gun in his possession. There was no explanation as to why they had previously claimed that he was in possession of a machine gun and to a trained police officer (and anyone who watches television) there is a consider difference between a machine gun and a hand gun.

The Sri Lankan police have adopted a systematic practice of extrajudicially killing its citizens in the name of crime prevention. The innocent, even after arrest by the police, especially by the Special Task Force (STF) have been killed while in police custody. In a recent incident the police claimed that one suspect drowned while trying to escape their custody. They offered no explanation when it was pointed out to them that the ‘suspect’ had been a navy specialist and an expert swimmer.

The prevention of crime is a one of the sacred and paramount duties of the any civilized state. According to the Constitution of the country the law enforcement authorities are bound to protect the right to life of the people and their constitutionally enshrined rights. Sri Lanka, while running the country with a democratic framework is bound to support the judiciary and impose the rule of law and protect the civil liberties of the people. The killing of civilians by police officers has become a peremptory norm in the country.

Any incident in which a person is killed by a policeman should be investigated promptly, efficiently and without delay. However, in this instance the state has not shown any interest in investigating the killing and bringing the responsible police officers before the court. For many years now there has been no command responsibility in the Sri Lankan police and it is the supervisory officers that should be held primarily responsible for the killings perpetrated by the officers under their command.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of arbitrary arrest, detention, torture and extra judicial killings cases of citizens at the hands of the police which is illegal under international and local law and which have taken place at different police stations in the country over the past few years. The Asian Human Rights Commission has observed that the Sri Lankan police have used torture as an instrument to terrorize innocent persons and harass the public. Further, the country’s police are implementing a policy of eliminating criminals by killing them after arresting them without producing them to the court of law.

The Constitution of Sri Lanka has guaranteed the right freedom from torture. According to Article 11 of the Constitution ‘No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. Further, Article 13(4) “No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.” Further article 13 (5) guarantees the right of presumption of innocence until being proven guilty.

Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity.

Furthermore, the Asian Human Rights Commission has continuously exposed the way the witness and the victims are getting harassed and on some occasions even killed to suppress the justice. Furthermore we have urged the State of Sri Lanka to adopt a law for the protection of witness protection.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations extra judicial killings by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Yet another man is extrajudicially killed in broad day light by the police

Name of Victim: Mr. Sanchiarachchige Thushara of Keselwatte, Pitakotuwa in the Colombo District

Alleged perpetrators: Officers attached to the Sri Lanka Police Department

Date of incident: 8 September 2011

Place of incident: Grandpass Police Division in Colombo District

According to the information I have received Mr. Sanchiarachchige Thushara of Keselwatte, Pitakotuwa in the Colombo District was extrajudicially killed by police officers in broad daylight on 8 September 2011.

Thushara was at Grandpass, a suburb in Colombo talking to two of his friends in the morning of 8 September when a group of police officers approached the three men. Without giving any warning or demanding that he surrender the offers mercilessly shot Thushara several times. This heinous crime took place in the full view of dozens of witnesses. Grandpass, the place where the incident took place is one of the highest populated urban areas in the capital. There was no apparent reason for the shooting as neither the victim nor any of the onlookers made any attempt to harm or obstruct the officers. No arrest warrant was produced nor did the police inform the victim that he was under arrest. They simply shot him in cold blood.

If the officers had informed Thusara that he was under arrest, and correctly shown him an arrest warrant they might have had some justification in shooting him when he tried to abscond. However, that was not the case; they simply approached the victim and shot him dead.

Thushara when seriously injured but still alive when the officers admitted him to the National Hospital of Sri Lanka (NHSL) at Colombo but later succumbed to his injuries.

Several hours later the police announced that Thushara had pulled out a machine gun and aimed it at the police officers who encountered him while they were heading for Grandpass. The police also said that Thushara was talking to two persons when they saw him but could offer no explanation as to why he turned a weapon on them.

Then, in contradiction to the first statement the police later announced that Thushara had had a gun in his possession and had aimed it at the police officers when he saw them from a distance. The police officers then tried to take the gun into their custody. They went on to say that Thushara was a criminal suspect who has allegedly been involved in a number of criminal activities and that they had shot him during the melee. The police also announced that they found a loaded clip and a gun in his possession. There was no explanation as to why they had previously claimed that he was in possession of a machine gun and to a trained police officer (and anyone who watches television) there is a consider difference between a machine gun and a hand gun.

The Sri Lankan police have adopted a systematic practice of extrajudicially killing its citizens in the name of crime prevention. The innocent, even after arrest by the police, especially by the Special Task Force (STF) have been killed while in police custody. In a recent incident the police claimed that one suspect drowned while trying to escape their custody. They offered no explanation when it was pointed out to them that the ‘suspect’ had been a navy specialist and an expert swimmer.

The prevention of crime is a one of the sacred and paramount duties of the any civilized state. According to the Constitution of the country the law enforcement authorities are bound to protect the right to life of the people and their constitutionally enshrined rights. Sri Lanka, while running the country with a democratic framework is bound to support the judiciary and impose the rule of law and protect the civil liberties of the people. The killing of civilians by police officers has become a peremptory norm in the country.

Any incident in which a person is killed by a policeman should be investigated promptly, efficiently and without delay. However, in this instance the state has not shown any interest in investigating the killing and bringing the responsible police officers before the court. For many years now there has been no command responsibility in the Sri Lankan police and it is the supervisory officers that should be held primarily responsible for the killings perpetrated by the officers under their command.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of the extrajudicial killing of the victim. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon

Inspector General of Police

New Secretariat

Colombo 1

SRI LANKA

Fax: +94 11 2 440440 / 327877

E-mail: igp@police.lk

2. Ms. Eva Wanasundra

Attorney General

Attorney General’s Department

Colombo 12

SRI LANKA

Fax: +94 11 2 436421

E-mail: ag@attorneygeneral.gov.lk

3. Secretary

National Police Commission

3rd Floor, Rotunda Towers

109 Galle Road

Colombo 03

SRI LANKA

Tel: +94 11 2 395310

Fax: +94 11 2 395867

E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary

Human Rights Commission

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

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

Document Type :

Urgent Appeal Case

Document ID :

AHRC-UAC-173-2011

Countries :

Sri Lanka

Extrajudicial killings, Impunity, Rule of law

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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.