SRI LANKA: Police use excessive force against peaceful protest

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-154-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Freedom of assembly, Freedom of association, Freedom of expression, Impunity, Rule of law, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) would like to inform you about the case of excessive police force against a peaceful public protest at Hambantota Town on 6 October 2017. The protest was attended by thousands of people, including religious leaders, political party leaders, members of parliament, provincial council members, local government body members and civil society activists. They were demanding legally acceptable rights in a peaceful manner. They were marching against the selling of national resources to foreign countries. However, the police assaulted the protesters using tear gas and water cannons. Finally, they illegally arrested 28 persons including eight women without any proper investigation and produced them in court on fabricated charges.

Case Narrative:

In the morning of 6 October 2017, thousands of people gathered at Hombantota Beach Garden for a peaceful protest. The organizers had announced the protest several weeks before, and all the government agencies in the district were also informed. The media was also requested to suitably cover the event.

The key organizers of the protest were legally accepted political parties, and participants included religious leaders, members of national parliament, provincial council members and civil society activists. 
The protesters had three major demands: the government should not sell the Hambantota International Harbor to foreign counties, it should not sell Mattala International Airport to India, and not sell Sevanagala Sugar Mill Factory to foreign countries. Protesters were holding posters and placards stating the danger of losing their rights to land, livelihood and occupations.

From the inception the protest was organized and handled in a very peaceful manner. The organizers informed their identities to the relevant state agencies and to the media. Their demands well also clearly informed to the authorities and the public. The police were well informed of the protest’s route throughout the day.

The protesters did not obstruct any public service or any public officer. There were no complaints at any stage of the protest that protesters individually or collectively constituted any sort of public nuisance.

However, at 11 a.m., hundreds of police officers started to obstruct the parade and assault the participants. They used water cannons, with chemical contaminated water that irritated the skin of protesters. The police officers were equipped with safeguards against the chemical water. The police also used batons to assault participants, irrespective of their age. The disproportionate use of tear gas on the protestors caused severe pain.

Informal strike of tear gas finally assaulted the Hambantora General Hospital premises as well. The patients in Ward No. 4 were heavily subjected to the strike. The Hambantota Primary School premises also were attacked. The minor students who were studying in the school were attacked.

A large number of protesters were tortured and many suffered injuries. Several of the participants were admitted for treatment at the Hambantota General Hospital.

The police later arrested 28 persons, including eight women on the road. They were later produced before the Hambantota Magistrate’s Court. They were charged for obstructing the official duties of the police officers, causing damages to state property, and unlawful assembly.

According to the protesters, the police have not produced any details or evidence of how the protestors damaged state property. Other persons arrested mentioned that they were not even participating in any protest. For instance, Ms. Leela Gamage was on her way to visit her daughter at the Hambantota General Hospital when the police arrested her. Several students were also arrested.

Suggested Action:

Please send a letters to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of gross human rights violations by illegally arresting, detaining and torturing innocent protestors, and the prosecution of those proven to be responsible. The officers involved must also be subjected to internal investigations for the breach of department orders. Further, please also request the National Police Commission (NPC)and the Inspector General of Police (IGP)to have a special investigation into the malpractices of the police officers for abusing their powers.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Excessive force used by police against peaceful protest

Name of Victims: 28 innocent persons including eight women

Alleged perpetrators: Assistant Superintendent of Police (ASP) Tangalle Division and several                                         hundreds of police officers

Date of incident: 6 October 2017

Place of incident: HambantotaPolice Division

According to the information I have received in the morning of 6 October 2017, thousands of people gathered at Hombantota Beach Garden for a peaceful protest. The organizers had announced the protest several weeks before, and all the government agencies in the district were also informed. The media was also requested to suitably cover the event.

The key organizers of the protest were legally accepted political parties, and participants included religious leaders, members of national parliament, provincial council members and civil society activists.

The protesters had three major demands: the government should not sell the Hambantota International Harbor to foreign counties, it should not sell Mattala International Airport to India, and not sell Sevanagala Sugar Mill Factory to foreign countries. Protesters were holding posters and placards stating the danger of losing their rights to land, livelihood and occupations.

From the inception the protest was organized and handled in a very peaceful manner. The organizers informed their identities to the relevant state agencies and to the media. Their demands well also clearly informed to the authorities and the public. The police were well informed of the protest’s route throughout the day.

The protesters did not obstruct any public service or any public officer. There were no complaints at any stage of the protest that protesters individually or collectively constituted any sort of public nuisance.

However, at 11 a.m., hundreds of police officers started to obstruct the parade and assault the participants. They used water cannons, with chemical contaminated water that irritated the skin of protesters. The police officers were equipped with safeguards against the chemical water. The police also used batons to assault participants, irrespective of their age. The disproportionate use of tear gas on the protestors caused severe pain.

Informal strike of tear gas finally assaulted the Hambantora General Hospital premises as well. The patients in Ward No. 4 were heavily subjected to the strike. The Hambantota Primary School premises also were attacked. The minor students who were studying in the school were attacked.

A large number of protesters were tortured and many suffered injuries. Several of the participants were admitted for treatment at the Hambantota General Hospital.

The police later arrested 28 persons, including eight women on the road. They were later produced before the Hambantota Magistrate’s Court. They were charged for obstructing the official duties of the police officers, causing damages to state property, and unlawful assembly.

According to the protesters, the police have not produced any details or evidence of how the protestors damaged state property. Other persons arrested mentioned that they were not even participating in any protest. For instance, Ms. Leela Gamage was on her way to visit her daughter at the Hambantota General Hospital when the police arrested her. Several students were also arrested.

I request the intervention of your good offices to ensure that an immediate investigation into the allegations of violation of fundamental rights of the victims is conducted.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. PujithJayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
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)