SRI LANKA: Excessive force used by Police against protestors injuring 14 activists

Dear Friends,

The Asian Human Rights Commission (AHRC) would like to inform you about an incident on 10 October 2017. Police used excessive force against protesters in a peaceful Public Protest at Kollupitiya Junction in Great Colombo Area. The protest was organized by the ‘Peoples Wall Against the Private Medical College SAITM.” Thousands of people, students, university teachers, schoolteachers, trade union activists and religious priests, civil society activists attended. They were demanding legally acceptable rights in a peaceful manner. They were marching against the establishing of a private medical college without standards approved by the Sri Lanka Medical Council (SLMC). The protesters demanded that the Government protect the citizens’ rights to free education, free medical education and patients’ rights.

The Police first requested the Magistrate’s Court at Fort to issue an order preventing the organizers from marching. It denied the Police request and indicated that the protesters should protect the Law and respected everybody’s’ rights. However, at the Kullupitiya Junction, the Police assaulted the protesters using tear gas, batons and water cannons. Two monks, one woman, and a political party leader were among the 14 protesters who had to be hospitalized. Protesters demand justice by a prompt and independent investigation into the illegal activities of the Police.

Case Narrative:

On 10 October 2017, thousands of university students and people gathered at The Nelum Pokuna (Lotus Pond) Theatre, to participate in a public march. They were demanding protection for the free education scheme and the quality and standards of medical education and the medical profession in Sri Lanka. They wanted to close the recently established private medical institution by a private investor. It failed to fulfill the necessary qualifications and standards of the Sri Lanka Medical Council (SLMC).

This activity was organized by the ‘Peoples Wall Against Private Medical College SAITM (SAITM VIRODEE JANAPAWURA)’. This movement played a pivotal role in organization, mobilizing the students and general public as well as several public movements against the privatizing of the Free Education Scheme in Sri Lanka.

The main demand of the movement was abolishing the South Asian Institute of Technology and Medicine (SAITM) in Colombo, which was built, established and maintained by a private investor. It had been established as an institution providing facilities and offering courses for medical education. The Sri Lanka Medical Council submitted a report to the Government and the country’s Superior Courts. After having a series of examinations by subject-related experts, it was found that the institution had not yet fulfilled the necessary qualifications to be a standard medical college. This created a huge outcry among the political and civil rights movements. 

By 12 noon, on 10 October, thousands of student movement activists from the 15 universities of the country, a large gathering of legally accepted political party activist, trade unions activists, members of the university teachers associations, school teachers’ association members—all gave support for the movement.

This activity was published in advance by the organizers. It was given a wide range of publicity by the national Media. Following the direction of Police Headquarters, Officers requested the Prohibition Order from the Colombo Fort Magistrate’s Court. They demanded that the protesters stop the march. However, the Court categorically denied the Police request. In response, the Court issued an order. It stated that the Protest March by the anti-SAITM groups, including the Inter-University Students’ Federation (IUSF) and the protesters, conduct the protest in a decent polite manner without disrupting the general public and vandalizing public property. It also ordered them not to enter the Presidential Secretariat Office by any means.

The Court order never stopped the organizers or the participants from organizing the march. The Court correctly respected the fundamental rights of the participants to enjoy their rights of expression, rights to organizing and rights to assembly. 

The march was able to move from the Lotus Theater to Bambalapitiay and up to Kullupitiya Junction. Then the well-organized Police used force in a meticulous attack against the protesters. The police force was made up of the Special Task Force (STF), an Anti-Riot Unit and Officers of the Regular Police Department. 

The Officers aggressively used water cannon contaminated with chemicals and baton strikes against the protesters. Police beat the participants irrespective of their gender, including girls, religious activists and student monks. In the end, fourteen persons have reportedly been hospitalized. Meanwhile, the Director of the National Hospital of Sri Lanka (NHSL) stated that at least 14 individuals who were injured in the incident have been admitted to the National Hospital, Colombo. Hospital sources said two student monks, a journalist and a woman were among those hospitalized.

Violation of Rights

According to the protesters, Police acted arbitrary, unlawfully and exceeded their power under the Law. While the Court accepted the right of the protestors to enjoy their democratic rights, the Police actions were another story. As members of a Law Enforcement Agency, Police Officers violated their civil and liberal rights. They acted completely against the Law, violating the fundamental rights guaranteed by the Constitution. The right to expression, right to assembly and right to have association were violated by the police.

Even the national Media telecasted the manner in which the Police had brutally suppressed the peoples’ march. And still the Police have not produced any details or evidence justifying their unruly behavior. They have not yet proven that any protestors damaged State property, behaved indecently or were a public nuisance.

Protesters demand that the Inspector General of Police (IGP) accept culpability for this illegal action. Furthermore, they want the IGP to reveal the names of all the responsible Senior Officers who were in control of the action and were supposed to maintain law and order in the area at the time.

Protestors demand a prompt, efficient, independent, full-scale investigation into these gross rights violations. THEY ARE DEMANDING JUSTICE.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request 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 face an internal investigation for breach of department orders. Recommend that the National Police Commission (NPC) and the Inspector General of Police (IGP) open a special investigation into the malpractices of the Police Officers who abused their powers.

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