SRI LANKA: High-ranking police preventing work of human rights defenders
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[This appeal has been updated. The latest UPDATE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2002/211/
http://www.ahrchk.net/ua/mainfile.php/2002/206/
http://www.ahrchk.net/ua/mainfile.php/2002/203/ ]
This Urgent Appeal is regarding a high level police attack on the National Human Rights Commission of Sri Lanka on 22 January, 2002.
On that day, Mr. Nimal Punchihewa, an inquiring officer of the Sri Lankan National Human Rights Commission (NHRC), was conducting an inquiry into a complaint of illegal arrest against three policemen of the rank ‘Officers in Charge of Police’ (OICs). The Assistant Superintendent of Police (ASP), Ranmal Kodituwakku (who had been called as a witness) entered the room, disrupted the inquiry, used abusive language against the inquiring officer and walked away with the three police officers facing the inquiry. Earlier, the NHRC had ordered these police officers to not interfere with the complainant as there was no criminal charge against him. The three officers have, however, proceeded to arrest the complainant in defiance of the NHRC order.
AHRC also understands that ASP Kodituwakku later made a complaint at a police station against the inquiring officer and tried to summon the inquiring officer to the police station for a ‘policy inquiry’. This, however, has been resisted by the NHRC. The car license number of the NHRC inquiring officer was taken down by ASP Kodituwakku (an obvious threat) and the inquiring officer was forced to change vehicles to avoid possible harm.
BACKGROUND
To appreciate the gravity of this affront to the authority of the NHRC, it must be noted that ASP Kodituwakku is the son of the present Inspector General of Police (IGP), which is the highest police position in the country. This incident can cause tremendous discouragement to the people seeking redress against human rights violations, in a country where very grave violations take place in great numbers. Given the stature of ASP Kodituwakku, it is believed that no serious action will be taken against him by the police. The adverse consequences to the NHRC in Sri Lanka, if no proper action is taken against this assault on its independence and the attack on the security of its officers, will be enormous. If the commission’s authority is allowed to be undermined by such open abuse and insult, there will be serious harm to the public image as well as, more importantly, public confidence in this institution.
Incidentally, there is also a pending inquiry against ASP Kodituwakku for maintaining a torture chamber.
The NHRC of Sri Lanka is a national institution based on the Paris Principles (agreed international guidelines for national human rights institutions – these can be viewed at the Asia Pacific Forum’s website: http://www.apf.hreoc.gov.au/un_national/paris_principles/index.html ). It was inaugurated in 1994 under heavy national and international pressure in response to the colossal number of human rights abuses taking place in the country since the late 1980s. Since its inception, it has been under heavy pressure from the perpetrators, who are mostly law enforcement officers, and from politicians. These pressures have hindered its development. ASP Kodituwakku’s open defiance of the NHRC occurs within this context.
For your information, the mandate and powers of the Sri Lankan NHRC are included at the end of this appeal, following the ACTION sections below.
SUGGESTED ACTION
The Asian Human Rights Commission (AHRC) calls upon everyone to urge the government (SAMPLE LETTER #1) to take the following actions:
(1) Interdict (suspend) the alleged culprit, ASP Kodituwakku, pending further inquiries;
(2) Hold proper and open inquiries into the incident; and
(3) Take serious disciplinary action against the culprit.
(4) Ensure that the IGP offers an open apology to the NHRC for his Assistant’s action.
Additionally, you can write to the UN and the Asia-Pacific Forum for NHRCs (SAMPLE LETTER #2) to ask them to intervene to ensure that the Sri Lankan human rights institution can continue its work effectively.
In addition, we request that the NHRC itself institute contempt proceedings against the culprits as the law provides for such action. As for the case under inquiry, the commission may proceed with the inquiry, treating the three police officers (defendants) as being absent from the proceedings on their own accord.
Your urgent action may defeat the purposes for which this attack was made: to cripple an independent human rights monitor.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
SAMPLE LETTER #1 – TO THE SRI LANKAN AUTHORITIES
Honourable President / Honourable Prime Minister:
Re: A Police Attack on the National Human Rights Commission of Sri Lanka
I have learnt about the attack on the National Human Rights Commission by ASP Ranmal Kodituwakku on January 22, 2002, while an inquiry was being conducted on three police officers regarding an allegation of illegal arrest. Upon entering the inquiry room (as a witness) ASP Kodituwakku created a scene, abused the inquiring officer and took away the police officers who were the defendants in the inquiry. He has also attempted to bring the NHRC Inquiring Officer for a police inquiry and tried to intimidate the officer by taking down the license number of the car he was using. This is a shocking act of abuse against an inquiring body working under the powers vested in it by law; it is a grave abuse of the legal process. That it has been done by a police officer of high rank makes things much worse. This undermines the National Human Rights Commission and weakens its powers to investigate abuses in the country.
We urge you to ensure the interdiction of the alleged culprit, ASP Kodituwakku, pending an investigation; to hold proper and open inquiries into the incident; and to take serious disciplinary action against the culprit.
We also urge you to ensure that the Inspector General of Police offers an open apology to the National Human Rights Commission regarding this action and assures this body that it will be protected from further abuse.
Yours sincerely
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SEND APPEALS TO:
Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 03
Sri Lanka
Fax: (94) 1/333-703
Honourable Prime Minister
Mr. Ranil Wickremasinghe
Cambridge Place
Colombo 7
Sri Lanka
Tel/Fax: (94) 1/682-905
Email: ranilwickremesinghe@www.com
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SAMPLE LETTER #2 – TO THE UN / ASIA PACIFIC FORUM OF NHRIs
To Mr. Burdekin / Mr. Fitzpatrick:
Re: A Police Attack on the National Human Rights Commission of Sri Lanka
I have learnt about the attack on the National Human Rights Commission by ASP Ranmal Kodituwakku on January 22, 2002, while an inquiry was being conducted on three police officers regarding an allegation of illegal arrest. Upon entering the inquiry room (as a witness) ASP Kodituwakku created a scene, abused the inquiring officer and took away the police officers who were the defendants in the inquiry. He also attempted to bring the NHRC Inquiring Officer for a police inquiry and tried to intimidate the officer by taking down the license number of the car he was using. This is a shocking act of abuse against an inquiring body working under the powers vested in it by law; it is a grave abuse of the legal process. That it has been done by a police officer of high rank makes things much worse. This undermines the National Human Rights Commission and weakens its powers to investigate abuses in the country.
We urge you to make an appropriate intervention against this abuse and intimidation of the National Human Rights Commission of Sri Lanka. All attempts by the United Nations to create national institutions will suffer if such actions go unpunished.
Yours sincerely
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SEND APPEALS TO:
Mr. Brian Burdekin
Special Adviser to the High Commissioner on National Institutions
Office of the United Nations High Commissioner for Human Rights
Palais des Nations
Avenue de la Paix 8-14
1211 Geneva 10 Switzerland
Telephone: (41) 22/917-9126
Fax: (41) 22/917-9016
Mr. Kieren Fitzpatrick
Director
Asia-Pacific Forum of National Human Rights Institutions
GPO Box 5218
Sydney NSW 2001
Australia
Tel: (61) 2/9284-9673
Fax: (61) 2/9284-9825
E-mail: KierenFitzpatrick@hreoc.gov.au
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SRI LANKAN NHRC: MANDATE AND POWERS (for your information)
The mandate and powers of the commission are outlined in Sections 10 and 11 of the act:
“The functions of the commission shall be:
(a) to inquire into, and investigate, complaints regarding procedures, with a view to ensuring compliance with the provisions of the Constitution relating to fundamental rights and to promoting respect for, and observance of, fundamental rights;
(b) to inquire into and investigate complaints regarding infringements or imminent infringements of fundamental rights, and to provide for resolution thereof by conciliation and mediation in accordance with the provisions hereinafter provided;
(c) to advise and assist the government in formulating legislation and administrative directives and procedures, in furtherance of, the promotion and protection of fundamental rights;
(d) to make recommendations to the government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards;
(e) to make recommendations to the government on the need to subscribe or accede to treaties and other international instruments in the field of human rights; and
(f) to promote awareness of, and provide education in relation to human rights.
For the purpose of discharging its functions, the commission may exercise any or all of the following powers:
(a) investigate, any infringement or imminent infringement of fundamental rights in accordance with the succeeding provisions of this act;
(b) appoint such number of subcommittees at provincial level, as it considers necessary to exercise such powers of the commission as may be delegated to them, by the commission, under this act;
(c) intervene in any proceedings relating to the infringement or imminent infringement of fundamental rights, pending before any court, with the permission of such court;
(d) monitor the welfare of persons detained either by a judicial order or otherwise, by regular inspection of their places of detention, and to make such recommendations as may be necessary for improving their conditions of detention;
(e) take such steps as it may be directed to take by the Supreme Court, in respect of any matter referred to it by the Supreme Court;
(f) undertake research into, and promote awareness of, human rights, by conducting programs, seminars and workshops and to disseminate and distribute the results of such research;
(g) award in its absolute discretion to an aggrieved person or a person acting on behalf of an aggrieved person, such sum of money as is sufficient to meet the expenses that may have been reasonably incurred by him in making a complaint to the commission;
(h) do all such other things as are necessary or conducive to the discharge of its functions.”
Section 14 of the act, dealing with terrorist organisations, is as follows:
“The commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, investigate an allegation of the infringement or imminent infringement of a fundamental right of such person or group of persons caused:
(a) by executive or administrative action; or
(b) as a result of an act which constitutes an offence under the Prevention of Terrorism Act No. 48 of 1979, committed by any person.”
The commissioners can be removed by Parliament only under special circumstances. The commission has wide powers of investigation and of collecting evidence and is expected to interact in many ways with the courts in Sri Lanka. The commission can recommend that various actions are taken for violations, but it cannot punish anyone. The commission, through its islandwide network of offices with coordinating and investigative officers, is already at work in the matter of detentions and so on. The educational and preventive work, however, has not yet been developed. The commission would welcome interaction with international and regional organisations with a similar mandate. Closer relationships will also develop between the commission and local and other non-governmental organisations (NGOs) involved in this field.
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