Hotline Asia Urgent Appeals -- UA091006(8)

Action Requested || Sample Letter || Background
Please respond before 31 October 2009

Summary

Mahanuwara Rajawasale Ekanayaka Mahanilemelage Isivara Senaka Ekanaya, an editor of a local newspaper, Satana, since 1999, was arrested without reasonable cause by the police twice, in 2007 and 2008. During the first detention, he was brutally tortured in police custody.

Senaka was first arrested on 24 March 2007, by Lakshman Ranwallaarachchi, officer in charge (OIC) of the Kalpitiya police station (Puttalam district in North Western Province) and by some other police officers in civilian clothes, when he visited Kalpitiya, 165km from Capital City Colombo, for press coverage. During the unlawful detention, he was subjected to assaults and inhumane abuse physically, mentally and verbally. In addition, his possession worth approximately US$ 658 was confiscated by the police. After almost twenty hours of detention, he was informed that he would be released on bail. However, at the same time, he was intimidated by the police officer, pointing a pistol on Senaka’s head, to sign on some unknown documents. After signing those documents, he was not released but again put into the jail. On 25 March 2007, the police officer presented him to the Acting Magistrate Attorney-a-law, Akbals. Due to the threats of police officers, Senaka failed to speak freely in front of the Magistrate and was once again forced to sign some unknown documents despite his physical and mental trauma.

On 3 April 2007, Senaka was presented to the Acting Magistrate of Puttalam district, Mrs. Anusha Fenano. Although Senaka could speak in front of the open court, he did not receive any judicial assistance when the case was first heard. Lawyers only appeared for him later. Some hearing even took place without the presence of Senaka, as he was too ill to attend the hearing. Finally, on 5 November 2007, Senaka was granted cash bail of Rs. 25,000 (US$ 220) and surety bail of Rs. 100,000 (US$ 877). The case is still on-going and Senaka has to report to the Kalpitiya Police on the last Sunday of every month.

The arrest on false accusation happened again in October 2008. He was not released until recently, on bail in August 2009.

Since his first arrest, Senaka has been living under anonymous death threats. He was compelled to give up his profession as a journalist and can only seek shelter from friends. Although Senaka has reported his cases to various authorities, no proper investigation was conducted so far and no effective protection from the Governemnt was delivered to him. Thus, he is hoping that international attention and action can help him to get safety and justice. His case reflects the gross violations of human rights, abuse of police power and incompetence of authorities to protect the rights of civilians.

Please write polite letters expressing your concern about the police torture and harrassment of Senaka Ekanaya and request the authorities to ensure:

• proper investigation of the complaints of Senaka Ekanaya;
• police officers and perpetrators of unlawful acts are put to justice; and
• effective remedies are taken immediately to protect the journalist from harrassment and threats.

Sample Letter

Background
A policing system is a public service devoted to law enforcement. However, the incident of Mr. Senaka manifested that civilians were theatened by the system, rather than being protected. Moreover, what the case of Senaka has revealed is the common practice of the police force in Sri Lanka.

Arbitrary Arrest to Achieve Personal Purpose
Senaka was arrested twice in 2007 and 2008, both without any reasonable causes. In the first arrest, among the policemen approaching Senaka, some of them were in civilian clothes and one of them was even drunk. Even after being released on bail, Senaka was threatened by Lakshman Ranawalla, the Office in Charge (OIC) of Kalpitiya Police Office, with a warning that he could once again detain Senaka by fabricating his accusation of possessing of a bomb or drugs. It shows that police can detain whoever they want easily to achieve their purpose or any arbitrary cause. In the case of Senaka, his possession worth approximately US$ 658 was confiscated by the police without official explanation. In some police stations in Sri Lanka, arbitrary arrest has become convenient tool of police officers to collect money from people.

Moreover, arrestees tend to be vulnerable under police custody. In the case of Senaka, he has been locked in the cell and underwent different kinds of torture by the police, but had no way of asking for help. In such a fragile status, victims are easily forced to do whatever the officers tell them, such as signing unknown documents without reading them first.

Inadequate Judicial System Encourages Unlawful Practice
Senaka hoped that the remedies of local authorities can protect him and bring him justice. Since 2007, he has been filing complaints against the unlawful police officers. In May 2009, the President’s Assistant Secretary, Mr. A.V. Janadara, has asked the Secretary of Minitry of Denfense, Public Security, Law and Order to take relevant measures. Meanwhile in June 2009, repsonding to Senaka’s complaint, the National Police Commission of Sri Lanka has directed the Inspector General of the Police to make a report regarding Senaka’s incident. Even so, no proper investigation and protection he had been provided so far. Inadequate response from the judicial system is one of the reasons for the the failure of policing system. The connivance of judicial system has guaranteed the impunity of the unlawful police officers. In addition to the lack of responsibility of higher-ranking police officers, the policing system does not function normally. Without proper monitoring, police officers can more easily abuse their power to obtain personal interests. In the case of Senaka, the OIC of a local police office, who was supposed to monitor the conduct of his subordinates, was himself the leader of arbitrary arrest and torture.

Senaka has been receiving death threats from OIC Lakshman, and some annonymous persons. Ironically, he was requested to report the same police station on the last Sunday of every month during the bail period. If he complied and reported reglarly, he was exposing himself to the perpetrators, or he would breach the bail conditions.

Domination of Police Operations by Politicians
Senaka believes that the second arrest is related to political conflicts. Senaka was arrested near to the day when his friend, an opposition politician, the late Major General Janaka Perera, was assasinated during an election campaign. At this time, Senaka was part of the election campaign supporting Janaka Perera during the 2008 North Central Provincial Council Election.

The collapse of the policing system in Sri Lanka is partly due to the domination of police operations by politicians of the ruling regime. Hence, the police force becomes the servant of these politicians instead of the civilians.

The 36-year civil war has brought serious impacts on the structure and operation of the country. As it finally “ends”, it is a high time for Sri Lankan governement to restructure the civil service system, especially the law enforcement system and proper policing service. Only in this way, can people in the country enjoy the real peace of life.

Sources:
Asian Human Rights Commission
Local Source

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