SRI LANKA: Human Rights Commission officers obstructed from carrying out their duties by the police 

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned of the information that several officers of the Human Rights Commission (HRC) of Sri Lanka has been harassed and intimidated by the officers at the Paiyagala Police Station at least on two occasions in June 2004. According to the information we have received, when the HRC officers visited the Payagala Police Station to inquire into complaints made by persons who were allegedly tortured at the same station, these officers were threatened and manhandled by police officers opposed to the inspection.

AHRC believes that these actions against HRC officers are a reaction to the zero-tolerance of torture policy adopted by the HRC recently. Your urgent action is required to demand the Sri Lankan Government to ensure that the HRC officers carry out their legal and moral obligations to prevent illegal detention and torture. Please also request the Government to take strong action against such acts of intimidation against HRC officers to safeguard the role of the HRC and other human rights organizations.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Victims: A number of officers of the Human Rights Commission of Sri Lanka
Alleged perpetrators: A number of officers of the Paiyagala Police Station
Dates: 10 June 2004 and 20 June 2004 (manhandling); other days in the month, refusing to submit documents when requested to do so officially

Case details:

A matter of grave concern has arisen regarding the carrying out of official duties by the officers of Human Rights Commission (HRC) of Sri Lanka.

On two occasions when the HRC officers visited the Payagala Police Station, in pursuit of complaints made on behalf of persons who were alleged to be in the custody of this police station and were tortured, these officers were threatened and manhandled by some police officers opposed to the inspection. The police officers have taken the position that HRC officers would not be allowed to inspect the premises freely.

The situation the HRC officers are facing has been reported in the national media. It is reported that complaints have been made to the Inspector General of Police (IPG) on this matter and that the HRC is also conducting an inquiry. Meanwhile, some human rights organisations are of the view that these acts of intimidation have been done on advice of some higher authorities in the police force.

BACKGROUND INFORMATION:

It has become common practice in many police stations to carry out acts of torture and interrogation not in the main buildings of the police station but in the living quarters and other buildings occupied by the police. This method has spread in recent times mainly to obstruct HRC officers and others coming to inquire into the safety of the suspects who are in police custody. The purpose of such obstruction is to prevent complaints about torture reaching the concerned authorities and human rights organisations. Thus, police expect that they can escape complaints being made under the law, particularly under the Convention against Torture (CAT) Act under which many investigations against alleged torturers taking place now. The first conviction under the CAT Act took place in Jan 2004, where the High Court of Colombo convicted a police officer to seven years of imprisonment for committing an act of torture.

The HRC has the right to inspect any premises in which serious human rights violations are reported to be taking place. Under Act no. 21 of 1996 its officers have all the powers necessary to inspect and inquire into human rights violations taking place anywhere. In fact, without such powers, the HRC would have little ability to protect human rights. On many occasions the government of Sri Lanka has given assurances to international bodies and UN agencies that the HRC would be given all facilities to work towards the improvement of human rights in the country. In fact, in its international reports the government has portrayed the HRC as the most important institution in protecting human rights in the country. However, many human rights activists believe that the present obstruction of HRC officers is being supported by some legal authorities attached to the police force of Sri Lanka.

AHRC strongly condemns all attempts to harass and intimidate the officers of the HRC. AHRC believes that these actions against HRC officers are a reaction to the zero-tolerance of torture policy adopted by the HRC recently. As torture is endemic at police stations, the new strategy of the HRC has come into conflict with the entrenched habits of the police. The authorities should face up to the need for radical changes in the policing system of Sri Lanka, instead of allowing police officers to resist attempts by HRC officers and human rights organisations to carry out their legal and moral obligations to prevent illegal detention and torture.

AHRC calls upon concerned persons, relevant UN agencies and the global human rights community to react strongly against such acts of intimidation against HRC officers before more serious violations take place. Serious intervention is necessary at this stage if the role of the HRC and other human rights organizations is to be safeguarded.

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and express your concern about this matter. Suggested letter is attached below.

1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703

2. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 128 / 691 926
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

3. Dr. Radhika Coomaraswamy
Chairperson
National Human Rights Commission of Sri Lanka
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

4. Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174

5. Commission on Human Rights
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10
SWITZERLAND
Fax: 41 22 917 9011
E-mail: 1503@ohchr.org

6. Mr Kieren Fitzpatrick
Director
Asia Pacific Forum of National Human Rights Institutions
Street Address: Level 8, Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000
Australia
Tel: +61 2 9284 9673
Fax: +61 2 9284 9825
E-mail: kierenfitzpatrick@asiapacificforum.net

Postal Address: GPO Box 5218
Sydney NSW 1042
Australia

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