ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-113-2017
August 10, 2017
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SRI LANKA: Innocent young man extra-judicially killed by Special Task Force
ISSUES:
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-113 -2017
10 August 2017
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SRI LANKA: Innocent young man extra-judicially killed by Special Task Force
ISSUES: Extra-judicial killing; impunity; Rule of Law; justice
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the extra-judicial killing of Mr. Sathasivam Madisam (17) of Karadiyanaru in Batticaloa District. On 24 July 2017, Sathasivam was swimming with his friends at Mundeniyaru Lagoon at Karadiyanaru in the Baticallo District. Suddenly, numerous Police Officers attached to the Maduru Oya Camp Special Task Force arrived, fully equipped with weapons. Seeing the officers with weapons the boys were in fear of their lives and started running away. The officers fired in the air and ran after the boys. Sathasivam fell into the water and was drowning. Though his friends and his own brother went to his rescue, the Police would not allow them to pull him out. His body was later brought out of the water by the officers themselves. In the end, the STF officers took the corpse to the Chenkaladi Government Hospital. No investigation into his death has yet been carried out. The Police claim Sathasivam was trying to escape without being arrested.
CASE NARRATIVE:
The Asian Human Rights Commission has received information about Mr. Sathasivam Madisam of Karadiyanaru in the Batticaloa District.
On 24 July, Sathasivam along with his brother and several other friends went to the Mundeniyaru Lagoon to swim. While they were in the water, they observed large numbers of STF officers with weapons approaching the area. All the boys were frightened. The officers then started shooting into the air. The boys ran away as fast as they could. Sathasivam and his brother ran along the bank of the lagoon and both fell into the water. Though several boys tried to rescue Sathasivam, the officers prevented them.
Several minutes later, the bodies of Sathasivam and his brother started floating on top of the water. The officers took both victims to the Chenkaladi Government Hospital. Sathasivam was pronounced dead on arrival. His brother, in a life-threatening situation, was admitted to the hospital for treatment, on an emergency basis.
Later, the Police issued a Communiqué saying that the SFT officers were on a raid to locate illegal sand- mining in the area. However, they did not explain why STF officers were called instead of Karadiyanaru Police Station officers and why they fired their weapons when a peaceful situation existed in the area the whole time.
No evidence of any kind was produced to prove that Sathasivam was engaged in illegal sand-mining at the time of the incident. Relatives and the villagers vehemently protested the illegal actions of the police. They demanded an independent, impartial investigation into the killing. The victim’s relatives maintain that he was extra-judicially killed by the STF officers. This is another example of a gravely faulty Policing System in Sri Lanka. It murders innocent suspects under the guise of crime prevention.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission has reported many cases of arbitrary arrest, detention, torture and extrajudicial killings of citizens at the hands of the Sri Lankan Police. Under international and local law, these are illegal actions. They have been taking place daily at police stations all over Sri Lanka. It is common knowledge that the Police use torture as an instrument to terrorize innocent people, harass the general public and instill fear. Presently, the Police are implementing a policy of ‘elimination with extreme persuasion’ or in plain language--murdering suspected criminals. They arrest and kill people without their ever being produced in a Court of Law.
Needless to say, there is a lack of protection for those lawyers willing to take up cases against abusive Police Officers and State Authorities. This means that the law continues to be employed as a tool by the Authorities to control the population. By undermining society’s respect for the Law and allowing impunity to go on unabated, a long-term, psychological and financial burden is placed on the shoulders of victims, their families and the general population.
SUGGESTED ACTION:
Please write to the Authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations of extra-judicial killings by the Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The officers involved should also be subject to an internal investigation for breach of Police Departmental Orders. The AHRC will write a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions in this regard.
To support this case, please click here: 
SAMPLE LETTER:
Dear ________,
SRI LANKA: Innocent young man extra-judicially killed by Special Task Force
Name of Victim: Mr. Sathasivam Madisam of Karadiyanaru in the Batticaloa District.
Alleged perpetrators: Officers attached to the STF Camp of Maduru Oya
Date of incident: 24 July 2017
Place of incident: Karadiyanaru Police Division
According to the information I have received, Mr. Mr. Sathasivam Madisam of Karadiyanaru in the Batticaloa District.
On 24 July, Sathasivam along with his brother and several other friends went to the Mundeniyaru Lagoon to swim. While they were in the water, they observed large numbers of STF officers with weapons approaching the area. All the boys were frightened. The officers then started shooting into the air. The boys ran away as fast as they could. Sathasivam and his brother ran along the bank of the lagoon and both fell into the water. Though several boys tried to rescue Sathasivam, the officers prevented them.
Several minutes later, the bodies of Sathasivam and his brother started floating on top of the water. The officers took both victims to the Chenkaladi Government Hospital. Sathasivam was pronounced dead on arrival. His brother, in a life-threatening situation, was admitted to the hospital for treatment, on an emergency basis.
Later, the Police issued a Communiqué saying that the SFT officers were on a raid to locate illegal sand- mining in the area. However, they did not explain why STF officers were called instead of Karadiyanaru Police Station officers and why they fired their weapons when a peaceful situation existed in the area the whole time.
No evidence of any kind was produced to prove that Sathasivam was engaged in illegal sand-mining at the time of the incident. Relatives and the villagers vehemently protested the illegal actions of the police. They demanded an independent, impartial investigation into the killing. The victim’s relatives maintain that he was extra-judicially killed by the STF officers. This is another example of a gravely faulty Policing System in Sri Lanka. It murders innocent suspects under the guise of crime prevention.
I therefore request your intervention to ensure that an immediate investigation is undertaken into the death of Sathasivam Madisam Karadiyanaru. The officers involved must also be subjected to an internal investigation for breach of Departmental Orders.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
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. Mr. N. Ariyadasa Cooray
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
Urgent Appeals Program
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)