SRI LANKA: Human Rights Defender tortured in public to death by Special Task Force of police

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that human rights defender Mr. Perumal Sivakumara (32) of Kalpitiya Road, Norochchole in the Puttalam District has died after being tortured in public by officers attached to the Special Task Force of the Sri Lanka Police. Perumal a well-known civil rights activist had gone to the town along with a friend to buy some medicine. At that time a large number of people had gathered at the church because a stranger had been terrorizing the village. When Perumal approached the gathering police officers arrived and started to beat some of the people. Despite the pleadings of Perumal he was severely tortured and later admitted to the Puttalam Base Hospital where he later died. No investigation has been started into the torture and extrajudicial killing of Perumal. This case is yet another illustration of 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. Perumal Sivakumara (32) of Kalpitiya Road, Norochchole in the Puttalam District was a father of three children. He was a leaf vender by profession. 

Perumal was a human rights defender and worked very closely with many civil rights protection movements and organizations in the area. Perumal first started to work with the ‘Right to Life Human Rights Secretariat’ in Katunayaka and till his death he was one of the most active human rights activists working with the Right to Life Organizations to achieved its objectives. He further worked with many people’s councils and forums works for the promotion and protection of human rights. Perumal was directly involved with many individual human rights violations cases and did his best to assist the individual victims to get justice for their violations. Perumal was instrumental to many human rights organizations to organize demonstrations and protests against human rights violations in the area. He was highly recognized and respected by the people of the area and the society as a whole as a social worker and the civil rights defender. Perumal played a pivotal role in building the Human Rights Defenders Group for Nerochchole with the large people’s gatherings in year 2006. 

In 2006 Perumal was diagnosed with heart disease and underwent surgery following which he was continuously under treatments. 

On 22 August 2011 he wanted to buy some medicine prescribed by his doctor and went to the Kalpitiya Town at 5 pm. He went with one of his friends, Mr. Janaka Pradeep. Perumal was a Roman Catholic by religion. 

While he was in town he heard that the bell of the church ringing. Janaka and Perumal after identifying the special need of the church for the people’s interventions went there. Then he so around five hundred people gathered at the church. Perumal questioned the crowed the reason for being there. 

Then he learned that a strange person has come to the area and the scared people had come to the church for protection. This was the publicly well known factor that strangers coming to the village are called ‘Grease Devils’, who try to terrify the people and abuse women and girls. The people have gathered and have sought the protection from the authorities. 

Within a few moments a large number of police officers attached to the Special Task Force (STF) came to the church in a police jeep. They all had wooden sticks in their hands. Without inquiring anything or giving any warnings the STF officers started to beat the people who were at the church who tried to run away. Then several police officers approached Perumal and mercilessly assaulted him with sticks. Perumal pleaded with the officers not to assault him as he is a heart patient. Without listening to his pleadings the officers continuously assaulted Perumal who also tried to escape. Finally Perumal fell to the ground. With the help of other people he was able stand up again and started to walk. 

Perumal suffered ten injuries on his legs and hands and was in great pain. With difficulty he was able to came to his home where he informed his family of the situation. 

Several hours later his condition became severe. The relatives brought Perumal to the Base Hospital of Puttalam at 9.30 pm. Then the doctor who examined advised him to be admitted for further treatment and he was subsequently admitted to the ward number 6 of the hospital. 

While he was undergoing treatment his condition deteriorated and he passed away at 10 am on 23 August 2011. 

Shortly following his death several senior police officers approached his relatives and warned them that they should not state that the death of due to the assault which happened at the church compound. They further warned the relatives not to take any legal proceedings against the killings. They told the relatives that if the assured that there would not be any further legal proceedings against the police then they can make necessary steps to handed over the death body that day itself. The officers requested a statement to the affect that there would be no action against the police but the relatives did not agree. 

Human rights organizations along with the relatives of Perumal complained to the law enforcement agencies seeking justice against the public torture of Perumal and for an impartial, prompt and effective investigation into his death. But the relatives and the civil society groups’ states that still none of these law enforcement agencies have started any investigation unto the incident. Justice has been denied. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

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 of torturing by the police perpetrators. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers. 

Please note that the AHRC has also written a separate letter to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; on Extra-judicial, Summary, or Arbitrary Executions; and on the Situation of Human Rights Defenders on this regard.

To support this case, please click here: SEND APPEAL LETTER