SRI LANKA: Illegal arrest and degrading treatment of a woman by the Galle police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-220-2006
ISSUES: Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an arbitrary arrest and degrading treatment of a woman by the Galle police on 31 May 2006. According to the information we have received, after the victim refused unfavourable request of a man in civilian clothes who asked her to come along with him at the Galle Train Station, a group of policemen appeared shortly later and arbitrarily arrested her accusing her as a prostitute. The man who talked to her was later found as a policeman from the Galle Police Station. She was verbally abused and shamed in public during the process of the arrest and the police continued to harass her after taking her to the police station. While in police custody, the police did not conduct any proper inquiry to find out the actual fact but simply accused her as a prostitute without any evidence. Even though the victim was released on the same day, the police continue to hassle her in public. Due to this the victim suffers from disgrace in her community and psychological trauma.

At around 10:00am on 31 May 2006, Ms. P Kusumalatha, a 33-year-old seamstress residing in Meepawela, Poddala, was waiting for a friend at the Galle Train Station, when a man in civilian clothes approached her and began a conversation with her. A little while later, he indicated to her that he would like to get to know her and invited her to accompany him to the Matara Bus Stand. She politely refused his proposal and he went away.

After short a while, a group of policemen including a policewoman and a policeman named Madanayake surrounded Ms. Kusumalatha and began shouting and insulting her with words like “what are you doing here?” and “Do you come here everyday?” The train station was a busy spot and soon several bystanders gathered at the scene. Ms. Kusumalatha told the police that she was only waiting for a friend but they ignored her claim and arrested her. They then took her to the Galle Police Station. She noticed that the man who had talked to her was among the policemen and she later discovered that he was a police officer named Prasad.

At the police station, the police accused Ms. Kusumalatha of prostitution and continued to harass her saying that she shamed the entire town of Galle. They insulted her with the most disparaging words. The police even told her that she must be taken for a medical check up as she might suffer from AIDS. They also threatened her not to step inside Galle again. The harassment was continued until about 2:20pm. During this period, the police did not make any attempt to conduct a proper inquiry to find out whether she is a prostitute or not. They simply accused her without any evidence. The police then forcibly obtained her signature to the contents in a book and released her.

On the next day (June 1), Ms. Kusumalatha visited a local politician’s house where a policeman from Galle Police Station was present at that time. Upon seeing the victim, he shouted in front of many others, “She was a prostitute who came to give AIDS to the entire village.” He then chased the victim away. Due to the harassment and insult upon her by the Galle police, Ms. Kusumalatha suffers from disgrace in her community and psychological trauma.

SUGGESTED ACTION:
Please write letters to the Sri Lankan authorities listed below and urge them to conduct a prompt and proper investigation into this case and take disciplinary/criminal action against those responsible. Please also send a copy of your letter to the relevant UN authorities listed below and urge them to intervene into this matter.

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SAMPLE LETTER

Dear ___________,

SRI LANKA: Illegal arrest and degrading treatment of a woman by the Galle police

Name of the victim: Ms. P Kusumalatha, aged 33, unmarried; a seamstress by occupation, residing in Meepawela, Poddala.
Alleged perpetrators: Officers attached to the Galle Police Station including two policemen named Prasad and Madanayake
Date of incident: 31 May 2006 and 1 June 2006
Please of incident: Galle Train Station and the Galle Police Station

I am writing to bring to your attention the illegal arrest and degrading treatment of a woman named above by the Galle police.

According to the information I have received, Ms. Kusumalatha was illegally arrested at the Galle Train Station in the morning of 31 May 2006, while waiting for the arrival of her friend. She was simply accused of being a prostitute by the police without any evidence. I was informed that prior to her arrest, she was first approached by a man in civilian clothes named Prasad who told her that he would like to get to know her and asked her to come along with him. She turned down his request but short a while later, he came back with a group of policemen and accused her of being a prostitute. The victim later found that he is a police officer from the Galle Police Station. She was also embarrassed by the police in front of many people in the public place.

At the police station, the police continued to harass and insult the victim for several hours using the most disparaging words. They said that she shamed the entire town of Galle and she must be taken for a medical check up as she might suffer from AIDS. During this period, the police did not go through any proper inquiry process to find out whether she is an actual prostitute or not. The victim was released at 2:20pm on the same day after the police forcibly obtained her signature to the contents in a book.

The victim also informed that when she visited a local politician’s house on June 1, a policeman from the Galle Police Station, who was present there, embarrassed her in front of many others saying, “She was a prostitute who came to give AIDS to the entire village.” Due to the harassment and insult upon her by the Galle police, the victim suffers from disgrace in her community and psychological trauma.

I am appalled by the inhuman manner of the police. The police illegally arrested her without any evidence and even after her arrest, the police did not attempt to conduct any proper inquiry or collect evidence to verify their accusations. Sadly, I have to tell you that this is not an exceptional incident but the usual way the Sri Lankan police deal with the cases and treat people. In the circumstances, how can people expect justice from the police?

I therefore strongly urge you to order an immediate and proper investigation into this case and take disciplinary and legal action against the officers responsible for the illegal arrest and inhuman and degrading treatment of the victim. Furthermore the Galle policemen including Prasad and Madanayake should be severely warned to stop harassing the victim, which is causing tremendous physiological stress. I also urge you to ensure that the victim is adequately compensated. Lastly, I urge the Government of Sri Lanka to strengthen the Human Rights Commission of Sri Lanka and the National Police Commission to prevent and investigate such crimes committed by the police and other governmental officials.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

3. 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. 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: polcom@sltnet.lk

5. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org

6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
E-mail: ssyed@ohchr.org/ urgent-action@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-220-2006
Countries : Sri Lanka,
Issues : Violence against women, Women's rights,