INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

William Nicholas Gomes
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Dear President of Indonesia,

INDONESIA: Military officers arbitrarily arrest and torture civilians based on false claims of rebel activity

Name of victims: Melianus Wantik, Edo Doga, Markus Walilo, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel, and Saulus Logo
Names of alleged perpetrators: Seven commanding officers of the Kurulu military sub-district command (danramil Kurulu)
Date of incident: 2 November 2011
Place of incident: Umpagalo village, Kurulu sub-district, Jayawijaya, Papua

I am writing to voice my deep concern regarding the arbitrary arrest and torture conducted by seven officers of the Kurulu military sub-district command (danramil Kurulu) against 12 civilians at Umpagalo village, between 11pm to 3am.

I have learnt that a Kurulu villager named Alex, who reportedly drank and gambled with members of the pro-Jakarta militia Barisan Merah Putih, provoked Indonesian national military (TNI) officers by claiming there was a meeting between the Free Papua Movement (OPM) and the villagers at Umpagalo on the night of 2 November 2011, at Umpagalo village, Kurulu sub-district, Jayawijaya, Papua without specific evidence. Responding to this vague information, seven armed officers of the Kurulu military sub-district command (danramil Kurulu) prepared to handle the situation without any command letter of authorization (surat izin komando).

I wish to point out that after the armed officers came to Umpagalo at around 11pm, they beat three local activists, Melianus Wantik, Edo Doga and Markus Walilo, as well as nine villagers, Pilipus Wantik, Wilem Kosy, Elius Dabi, Lamber Dabi, Othi Logo, Nilik Hiluka, Hukum Logo, Martinus Mabel and Saulus Logo, then stabbed them with bayonets for two hours, forced them to crawl and doused them with water for one hour. The officers also humiliated, beat with big wood sticks, kicked and stepped on them with their boots, pointed their guns and threatened that they would cut their heads, and shot at them four times. After that, the officers brought all the victims to the 176/ Kurulu military headquarters of Wim Anesili Wamena battalion branch (Pos TNI Batalyon 756 kurulu cabang Batalion Wim Anesili Wamena) and examined them for two hours. The victims were then released without clear reason. Too scared to go to the hospital located around 50 meters from the military post for medical treatment, they made do with traditional remedies.

The victims’ colleagues complained to the Kurulu sector police following the incident, but the police refused to process the complaint since there is no substantial evidence to prove the allegations and the military officers are beyond their jurisdiction based on law no. 31 of 1997 regarding military court.

I also learnt that the head of the military district command (Korem) 172/PWY Ibnu Tri Widodo acknowledged the violence. He stated that the seven soldiers who mistreated the civilians were now held in custody of the Wamena Military Police. They would be brought to the military court. Following the mistreatment, all soldiers on duty in the Kurulu sub-district had been transferred. He further promised that the military would no longer act “arrogantly” towards civilians. However, in many cases, I have noted that military trials, which are not open to the public, only sentence the perpetrators to a light punishment, such as transfer, which is inadequate given the seriousness of the human rights violations committed.

Therefore, I urge TNI jointly with Komnas HAM to send an independent investigation team to transparently resolve this case, including ensuring the adequate punishment of those responsible. The military court law should be reviewed to ensure that members of the military are brought exclusively before a competent, objective and impartial civilian court that is compliant with the internationally-accepted standards of fair trial, including public access to the process, in cases of human rights abuses by members of the military against civilians.
Yours sincerely,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Arrest and judicial harassment of Mr. Temogen Sahipa Tulawie

William Nicholas Gomes
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January 19, 2012

Hon. Loretta Ann P. Rosales,

Chairperson,

Commission on Human Rights,

SAAC Bldg., UP Complex,

Commonwealth Avenue, Diliman, Quezon City,

Philippines.

Fax: +632 929 0102.

Email: [email protected] , [email protected];

Re: Arrest and judicial harassment of Mr. Temogen Sahipa Tulawie

Dear Chairperson Commission on Human Rights,

I have been informed by the Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH).  I request your urgent intervention in the following situation in The Philippines.

According to the information received, on January 13, 2012, at about 11:45 in the evening, Mr. Temogen Sahipa Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Regional Intelligence Group from Region 11 based in Davao City. He was then taken to Talomo police station for police blotter and to Davao Regional Hospital for medical check-up, before being taken to Camp Catitipan, Davao City, at the office of the Intelligence division for proper documentation. He was subsequently brought to Davao City Police Office in Camp Domingo Leonor, Davao City.

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009 (See background information).

On January 16, 2012, Mr. Tulawie was presented to the Regional Trial Court (RTC) of Davao City, where a letter from the Executive and Presiding Judge of Jolo, Sulu RTC Branch 3 (Judge Betlee-Ian Barraquias) to the Executive Judge of Davao City was read, ordering the transfer of Mr. Tulawie back to Jolo within 48 hours, in contravention to a Supreme Court Order dated June 13, 2011 and granting the motion he filed for transfer of venue to the RTC of Davao City (See background information).

On January 17, 2012 in the afternoon, Mr. Tulawie was flown by the law enforcers to Zamboanga City and detained at the Criminal Investigation and Detection Group (CIDG)-Region 9. On the same day, the Office of the Court Administrator (Supreme Court) sent an order for immediate action stating that “said order of Judge Barraquias is contrary to the Resolution dated June 13, 2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order. As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated 13 June 2011 of the Third Division of the Supreme Court cannot be implemented”.

As of issuing this Urgent Appeal, Mr. Tulawie remained detained at Davao City Police Office in Camp Domingo Leonor.

Background information:

Mr. Tulawie is facing charges of “multiple frustrated murder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed on July 22, 2009. The charges relate to a bombing incident that happened in the municipality of Patikul, Sulu, on May 13, 2009, wounding twelve persons, including Governor Abdusakur Tan of the province of Sulu. The evidence and warrant of arrest against him was based on forced confessions of two of the accused which they later recanted[1].

Mr. Tulawie was forced to hide due to fears that he would not be accorded a fair trial.

However, at the time of his arrest, he was planning to voluntarily give himself and face the charges against him after the Supreme Court, on June 13, 2011, granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City. He argued that there were reasons to believe that he would not be afforded with impartiality if his case was to be tried in the RTC of Jolo. In its decision, the Supreme Court considered that “there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses” and that “there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.

Actions requested:

I urge you to  guarantee, in all circumstances, the physical and psychological integrity of Mr. Temogen Sahipa Tulawie as well as of all human rights defenders in The Philippines;

Please take proper  initiative to  release Mr. Temogen Sahipa Tulawie immediately and unconditionally since his detention is arbitrary as it seems to only aim at sanctioning his human rights activities;

I also urge to put an end to all acts of harassment, including at the judicial level, against Mr. Temogen Sahipa Tulawie as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out their work without hindrances;

Please suggest the government to comply with all the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:

its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,

its Article 6.a, which states that “everyone has the right individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,

Article 12.1, which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”,

and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Please guide the government to guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by the Philippines.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Open letter to the Prime Minister of Cambodia on the forced eviction and arbitrary detention of Borei Keila residents

William Nicholas Gomes
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January 24, 2012

H.E. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister Council of Ministers Phnom Penh, Kingdom of Cambodia

Via facsimile: +855 23 360-666

Re: Borei Keila forced eviction and arbitrary detention of 22 women and 6 children

Dear Prime Minister,

I, the undersigned, write to you to express our very serious concerns regarding the forced eviction of the Borei Keila community in Phnom Penh and the arbitrary detention on January 11, 2012, of 22 women and six children while peacefully protesting their eviction. Police and Daun Penh district security guards conducted the arrests on January 11 in front of the Phnom Penh Municipality building where protesters had gathered to demand a halt to the evictions and the release of fellow protesters arrested on January 3.

Prior to these arrests, on January 3, workers from the Phan Imex company destroyed the homes of around 300 families living in Borei Keila. State security forces that were present used tear gas and rubber bullets against the residents, and both sides threw rocks, sticks, and bottles. More than 64 people were reportedly injured. The authorities arrested at least eight of the residents, one of whom was released on bail on January 18 while seven remain in detention. These eight residents, including two children, have all been charged under both article 218 (“intentional acts of violence with aggravating circumstances”) and article 504 (“obstruction of public officials with aggravating circumstances”) of the Cambodian penal code.

Borei Keila has been the home to a large poor urban community for many years. The Cambodian government designated the area as a “social land concession” in 2003, sharing land with Phan Imex, which promised to build housing for the poor. However, it has been reported that the Phan Imex owner wrote to you in April 2010 requesting permission to be relieved of the obligation to build two of the ten buildings promised for the community. Many of the 300 families have been protesting against the company and local authority since then.

The authorities have relocated most of those evicted on January 3 to two remote resettlement sites, Tuol Sambo, on the outskirts of Phnom Penh, and Srah Po, also known as Phnom Bat, in Kandal province. Many are now living in makeshift tents, without access to electricity, sanitation or clean drinking water, schools, and employment opportunities. At least 30 families with people living with HIV/AIDS are among those evicted. The precarious situation facing these homeless families reflects a serious failure by the Cambodian government to fulfill its international legal obligations to respect the right to an adequate standard of living, including adequate housing, as recognized under the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Cambodia has ratified.

As a state party to the ICESCR, Cambodia is obliged to ensure, before any planned evictions, that all alternatives are explored in consultation with those affected by the eviction. Evictions may only occur in accordance with the law and in conformity with international standards, including genuine consultation with those affected, adequate notice and information on the proposed eviction, and provisions of legal remedies for those affected. Evictions may only occur if they do not render individuals homeless or vulnerable to the violation of other human rights.

In 2009, the Committee on Economic, Social and Cultural Rights, the United Nations body charged with monitoring the implementation of the ICESCR, expressed its serious concerns at the increasing scale of forced evictions in Cambodia and made the following recommendation:

The Committee strongly recommends that the State party, as a matter of priority, undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects and to ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation that complies with the guidelines adopted by the Committee in its general comment No. 7 (1997) on forced evictions and guarantee that relocation sites are provided with basic services including drinking water, electricity, washing and sanitation, as well as adequate facilities including schools, health care centres and transportation at the time the resettlement takes place.

The 22 women and six children arrested during a peaceful protest on January 11 were arbitrarily detained at Prey Speu Social Affairs Center in Phnom Penh without access to their families, legal counsel, and medical care. In the past, Prey Speu has been used by the authorities to arbitrarily detain homeless people, drug users, and sex workers rounded up from the streets. Detainees there have been subjected to abuses including suspicious deaths, rape, torture, and beatings. Several of the women detainees told us that Phan Imex representatives had sought to intimidate them and told them that they would only be released if they agreed to sign or thumbprint documents to accept land in Tuol Sambo or Srah Po. Three women were released on January 16 and another woman on January 17, all after agreeing to sign a contract to accept land in Srah Po. On January 18, the remaining women and children climbed the fences around the center and escaped from Prey Speu during a visit to the facility by two opposition parliamentarians and the media.

I respectfully call on the Cambodian government to:

- cease and refrain from all forms of intimidation, including arbitrary detention, against those forcibly evicted from the Borei Keila community;
- initiate a full and independent investigation into the arrest of the 22 women and six children on January 11 and their subsequent arbitrary detention at Prey Speu Social Affairs Center;
- release the seven Borei Keila residents still detained since the January 3 incident, pending further investigation;
- ensure that Phan Imex company is held to its original undertaking to build housing for all persons evicted from the Borei Keila community;
- ensure that all those forcibly evicted are provided with adequate compensation and suitable alternative accommodation that meets international standards for adequate housing;
- initiate a full and independent investigation into the Borei Keila forced eviction, examining why the eviction took place, the apparent use of excessive force by security forces, and the use of prolonged detention to coerce “agreement” to forced relocation;
- ensure that all members of the security forces found responsible for using or ordering the excessive use of force are held accountable in fair proceedings; and
- end all forced evictions and introduce a moratorium on mass evictions in Cambodia until a legal framework and relevant policies are in place to ensure that evictions are conducted only in accordance with Cambodia’s international human rights obligations.

I have been monitoring the human rights situation in Cambodia for many years and have witnessed the tragic loss of homes and livelihoods of countless Cambodians, and the enormous social costs of forced evictions. As the chair of the Association of Southeast Asian Nations (ASEAN) for 2012, Cambodia should abide by its legal obligation to promote and protect human rights and fundamental freedoms under the ASEAN Charter and end the practice of forced evictions that is a blot on the country’s reputation internationally.

When the ASEAN Secretary-General Dr. Surin Pitsuwan visited Cambodia in December last year, King Norodom Sihamoni advised him that “beyond achieving material progress, it is important to develop a peaceful and sustainable region.” Failure to fully address forced evictions and related widespread human rights abuses not only violates Cambodia’s international obligations, it also risks undermining social stability and economic development.

Thank you for taking into consideration our concerns and recommendations.

Sincerely yours,

William Nicholas Gomes

William’s Desk

wwww.williamgomes.org

Cc:
H.E. Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation
H.E. Sar Kheng, Deputy Prime Minister and Minister of Interior
H.E. Ith Sam Heng, Ministry of Social Affairs, Veteran and Youth Rehabilitation
H.E. Om Yentieng, President, Cambodian Human Rights Committee, and current Chair, ASEAN Inter-Government Commission on Human Rights (AICHR)

SRI LANKA: An innocent youth persecuted for over six years by the Teldeniya police

William Nicholas Gomes
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Dear Mr. N K Illangakoon,

SRI LANKA: An innocent youth persecuted for over six years by the Teldeniya police

Name of the victim: Mr. Muttiah Chandra Mohan (36) of No: 01/B, Ambakotte, Kengalle in the Kandy District
Alleged perpetrator: Police officers attached to the Teldeniya and TID Colombo
Date of incident: 6 April 2008
Place of incident: Terrorist Investigation Department

I am writing to express my serious concern over the case of Mr. Muttiah Chandra Mohan (36). Chandra Mohan is a driver by profession, married and the father of two daughters. He resides with his family at No: 01/B, Ambakotte, Kengalle in the Kandy District.

During July 2006, there was a clash between the policemen from the Teldeniya Police Station and a youth of Ambakotte. At that time the policemen came to the village in plain clothes and beat several young people indiscriminately. As the officers were in plain clothes and did not identify themselves as police officers the young men retaliated and beat them in return. Chandra Mohan was arrested along with some others in this connection and was remanded for 8 months at Bogambara Remand Prison. He was later released on bail and the case is still proceeding (after six years) in the Kandy Magistrate’s Court. As a condition of bail Chandra Mohan was ordered by the court to report to the Teldeniya Police Station on every first Sunday of the month.

On the 6 April 2008, when he was returning from the Teldeniya Police, (after reporting) Chandra Mohan was arrested by the Colombo Terrorist Investigation Department (TID) officers at his house at Ambakotte. He was detained at Gurudeniya in a house for 4 days. He was handcuffed and during the day he was blindfolded. Chandra Mohan was inhumanly tortured during those four days. He was kicked, hung, stripped naked and beaten and later taken to the Colombo TID office where he was detained for 10 months. From the TID office he was transferred to Boossa, where the terrorist suspects are detained without having been charged. He was detained there until October 2009.

Chandra Mohan was finally produced in the Magistrate’s Court of Colombo on the 10 October, 2009 and was remanded in Colombo Remand Prison (CRP) as a terror suspect under Remand No. 5820. His case No: is B/3122 EER 25/2011.

Since 2008 Chandra Mohan has never been given the reason for his arrest. In January 2012 the Attorney General’s Department filled an indictment accusing him of participating in terrorist activities. His High Court case will be called at the Kandy High Court.

Chandra Mohan and his family feel that it is a revenge taken by the police for the incident that happened in 2006 at Ambakotte that he was arrested again tortured and accused.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

William Nicholas Gomes
William’s Desk

www.williamgomes.org

PAKISTAN: The former Ambassador to the United States faces death threats

William Nicholas Gomes
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Dear President of Pakistan,

I am writing to voice my deep concern regarding life security of Mr. Hussain Haqqani, former Ambassador to the United States of America.

I am shocked to know that Mr. Haqqani is facing threats to his life by the state intelligence agencies and fundamentalist groups, who have good support from the security establishment. Mr. Haqqani has expressed his concerns about the threats to his life to the London Telegraph and pointed out he would be assassinated like the former governor of Punjab province and a former federal minister on minority affairs.

The former Ambassador has been provided temporary shelter in Prime Minister’s House but government has failed to provide him protection from the state intelligence agencies and their cronies, the Muslim armed groups which are operating openly their nefarious designs by killing high profile personalities.

I was also informed that the case against Haqqani follows an ominous trend in Pakistan. The assassinations of Punjab Governor Salmaan Taseer, Minister for Minority Affairs Shahbaz Bhatti, and journalist Syed Saleem Shahzad this past year have created a culture of intimidation and fear that is stifling efforts to promote a more tolerant and democratic society. Significant segments of the Pakistani media have already judged Haqqani to be guilty of treason, which could inspire religious extremists to take the law into their own hands as they did with Taseer and Bhatti.

I am also concerned that his wife Farahnaz Ispahani, when finding no protection of his husband’s life, went to the United States and asked help from the USA authorities which is very serious view on the security affairs in Pakistan and it has given an impression that civilians have no contro on the security issues and all rest on the whims of military and its intelligence agencies.

It is shocking for me that the Ambassador’s wife is constantly followed by ISI agents working inside America. She should have the ability to live in USA free from intimidation and threats.
I was informed that the ISI’s involvement is visible in the trap laid for the ambassador in order to eliminate him from the scene in that its head, Lieutenant General Shuja Pasha, visited London and investigated the case himself by intimidating Mansoor Ijaz, the writer of the Memo, to place the blame on the Ambassador. The ISI chief went to London on his own self without taking permission from his boss, the Prime Minister of Pakistan. The man’s arrogance is such that that he filed the affidavit to the Supreme Court without consulting the government in an effort to show his own superiority over the civilian law.

I therefore urge you to prosecute the Director General of ISI, Mr. Shuja Pasha, who is operating on his own without the permission of the Prime Minister for continuously using his offices for intimidating and coercing Hussain Haqqani during the court trial of the Memo case. Mr. Haqqani must be provided protection and the government should take action against the ISI officials and fundamentalists groups for threatening him.

The threats to his life and restrictions on his free movement is against the fundamental rights of an individual and also against the articles 15 and 19 of the constitution of Pakistan. It is also against the article 19 of the International Covenant on Civil and Political Rights (ICCPR) which is ratified by the Pakistan and under its obligations government has to ensure the freedom of expression and movement to Mr. Haqqani. Sadly it is the very institutions which should be providing protection, the armed forces and the ISI, which are the cause of the threats to his life.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

NDC disqualifies Emelia Arthur from contesting Shama primaries

News Ghana
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The National Vetting Committee of the National Democratic Congress (NDC) has disqualified the Deputy Western Regional Minister Madam Emelia Arthur from contesting against the incumbent MP for the Shama Constituency, Hon. Gabriel Kojo Essilfie.

Although reasons for her disqualification have not been made known, there had been issues with her membership and loyalty to the NDC.

The election for the Shama Constituency was suspended last Saturday because disagreements over the candidature of the former Shama DCE had not been resolved.

Whilst the entire constituency executives insisted that Madam Emelia Arthur was not an active card-bearing member of the party, and thus, ineligible to contest, some polling station executives, rooted for her candidature maintaining that she was a loyal member of the NDC and better placed to retain the seat for the party.

Although Madam Arthur successfully went through the regional vetting, which was described by the constituency executives as fraudulent, it appears she was unlucky with executives at the national level who sat on the matter.

The constituency executives had threatened to resign en bloc if she was cleared to contest.

The Western Regional Chairman of the NDC, Nana Toku, who spoke to Maxx News, did not give reasons for her disqualification except to say that it is in the interest of the party.

According to him, the decision was taken solely by the national executives after they had deliberated on a report forwarded by the regional wing. He said the national executives also held talks with Madam Emelia Arthur and impressed upon her to support the incumbent in the larger interest of the party.

Nana Toku said the incumbent MP has also been advised to remain calm. He noted that regional executives with support from the national headquarters will embark on a campaign to unite the disgruntled groups in the constituency to forge ahead in unity in the 2012 elections.

“It is my party issues so I don’t want to go into details. The issue is that they have spoken to Madam Emelia Arthur and she understands that she has to allow her colleague to go and we have been talking to the incumbent to remain calm so we all join hands together for the NDC’s victory” the Regional Chairman said.

Meanwhile the group of polling station executives who endorsed Madam Arthur’s candidature say they might support her to go independent. But that decision is to be taken at a news conference on Thursday. Spokesperson for the group, Famous Hotorwovi, told Maxx News Madam Arthur is billed to attend the press conference to speak to them.

“The constituency executives who are doing that do not like the woman. But we grassroots people who work for the party prefer the woman. The decision they have taken will bring problems for the NDC in the Shama Constituency and we will advice ourselves. We only heard on radio that she has been disqualified with no reasons” he said.

However, Madam Emelia Arthur, a two-time parliamentary candidate of the National Reform Party (NRP) in 2000 and 2004, has remained silent about these developments.

Source: Joy Online

SRI LANKA: An innocent man is illegally arrested, tortured

William Nicholas Gomes
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Dear Mr. N K Illangakoon,

SRI LANKA: An innocent man is illegally arrested, tortured and laid with a false charge by the Wattala Police

Name of the victim: Mr. Narahenpita Gamage Sisil Weerasinghe(48) is resides at No: 212/1, Woodland Estate, Colombo Road, Chilaw
Alleged perpetrator:
1. Police officer Mr. Mahinda attached to the Police Station of Wattala
2. Two other police officers attached to the Police Station of Wattala
Date of incident: 30 December 2011
Place of incident: Wattala Police Station

I am writing to express my serious concern over the case of Mr. Narahenpita Gamage Sisil Weerasinghe (48). Sisil is married, the father of two daughters and a retired soldier. Sisil, who resides at No: 212/1, Woodland Estate, Colombo Road, Chilaw is disabled as the result of injuries to the right leg and hand in a battle during July 1992. Following his partial recovery Sisil was removed from operational duties and given light duties. He retired from the service in 2007 and later worked as a private security guard attached to the Peoples Bank.

On 30 December 2011, he was working at the People’s Bank branch at the Headquarters of Island Revenue Department at Fort, Colombo. On this particular day after completing his work he was on his way home by bus. Then as he felt a stomachache he informed the conductor and asked him to stop the bus. He alighted from the bus and went to a nearby for toilet after which he waited for another bus to continue to his home.

While he was waiting a red colour three-wheeler came and stopped in front of him. Then the persons who were in police uniforms asked him what he was waiting at the roadside for at that time (by this time it was close to 10 pm). Then Sisil explained what had happened to him and told the officers that he is waiting for a bus. The police officers accused him of planning to commit to a house breaking. Sisil explained to them that he was a former soldier of the Sri Lanka Army, that he was disabled and presently working at the Peoples Bank Security Section at the Island Revenue Department Branch. However, the officers did not accept his explanation, accused him of arguing with them and started to beat him with fists and boots. The officers then dragged him into the three-wheeler and brought him to the Wattala Police Station.

At the police station again three police officers including a police officer who was later identified as Mr. Mahinda started to beat him with a cricket bat. Another officer beat him with a plastic pipe that had been filled with sand. Sisil was assaulted all over his body and pleaded with the officers not to beat him. He repeatedly explained that he was a disable soldier but the officers did not listen. Even after Sisil fell to the ground the officers continued to beat Sisil mercilessly. Later they locked him in a cell.

As Sisil was suffering immense pain he pleaded with the officers to provide medicine. They then took him out from the cell and brought him before a doctor. Before he was brought into the doctor two officers held his arms while another officer forcefully poured liquor into his mouth. Sisil tried to resist but the officers forced him. Then he was brought before the doctor. Then Sisil explained to the doctor in the presence of the perpetrators how he was tortured in police custody. He further told the doctor that due to the assault one of his hands was fractured and that he was experiencing enormous pain. However, to his amazement the doctor ignore him and did not provide any treatment or medicine.

Later Sisil was returned to the police station and put back in the cell. When he started to screaming with pain one of the officers gave him two tablets but he did not know what it was.

Later in the morning on 31 Sisil was asked to sign a document but he refused. He further explained that he cannot read without his spectacles. The officers told him that if he signed and pleaded guilty at court he could go home and get treatment. He then signed the document and was brought to the Wattala Magistrate’s Court. The police officers who tortured him were present in the court and they stood close to Sisil while he was produced before the Magistrate. Sisil did as he was instructed and pleaded guilty. He later learned that he had been charged with indecent behaviour due to being inebriated. He was then fined Rs. 1,500/=. Sisil vehemently denies the accusation and states that as he was in severe pain and in fear of further torture by the perpetrators who never once left his side. He therefore states that he had no option but to plead guilty to the charge.

Sisil went home and received treatment from a doctor. Though the doctor provided medicine by 2 January, 2012 Sisil’s condition worsened. He was admitted to the Chilaw Base Hospital for treatment by his family members. While he was treated at the hospital the doctors revealed to him that there is a fracture in his hand. The Judicial Medical Officer (JMO) examined him and recorded his situation. The officers attached to the Police Post of the Hospital also recorded his statement. On 4 January he was discharged but he was asked to return to the clinic for further treatment.

Sisil states that he was illegally arrested, detained, severely tortured and maliciously prosecuted. He states that his fundamental rights were violated by the police officers attached to the Wattala Police Station.

After he was discharge from the hospital Sisil complained to the Human Rights Commission, Inspector General of Police, Attorney General, the Director of Special Investigation Unit (SIU) of the Criminal Investigation Department (CID) of Police, Senior Superintendent of Police of the Western Province (North) and the Officer-in-Charge (OIC) of the Wattala Police Station. To-date none of these authorities have responded to him nor investigated his complaint.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,
William Nicholas Gomes
William’s Desk

www.williamgomes.org

Border Security Force continues war on people of Bangladesh in Indo -Bangla border

William Nicholas Gomes
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January 19, 2012

Mrs. Sheikh Hasina

Prime Minister

Government of the People’s Republic of Bangladesh

Office of the Prime Minister

Tejgaon, Dhaka

BANGLADESH

Fax: +880 2 811 3244 / 3243 / 1015 / 1490

Tel: +880 2 882 816 079 / 988 8677

E-mail: [email protected] or [email protected] or [email protected]

Re: Border Security Force continues war on people of Bangladesh in Indo -Bangla border

Dear Mrs.Sheikh Hasina ,

I am writing to express my concern regarding a Bangladeshi citizen brutally tortured by Indian Border Security Force (BSF).

Asian Human Rights Commission (AHRC) and its partner organisation, the Banglar Manabadhikar Suraksha Mancha (MASUM), have been documenting and reporting cases of extreme forms of brutality committed by the Border Security Force (BSF) stationed along the Indo-Bangladesh border in West Bengal state.

Since the past eight years, MASUM is reporting directly and through international human rights organisations like the AHRC, cases against the BSF to the Indian authorities. So far MASUM has reported about 800 cases. These are cases of torture and other forms of custodial violence, rape, murder, extortion and corruption. The AHRC is not aware of any open and credible action taken against any of the officers mentioned in these cases, though every possible detail has been provided to the authorities.
According to the latest information received is a video of extreme torture by the BSF of a civilian that reportedly happened on 16 January 2012. The video shows blood-chilling torture, committed by the BSF. The incident is a shame and the brutality documented alarming, suggesting that the officers require psychiatric assistance, a condition that challenges their very legitimacy to guard the country’s border.

When the video was aired yesterday through local television channels in West Bengal, the administration has taken ‘action’. This is the suspension of eight BSF officers and the transferring of the District Magistrate (DM) and the Superintendent of Police (SP) of Murshidabad district.
International human rights watchdog Asian human rights commission shared in the statement that the official defensive statement by the BSF, that the video could be as old as 15 years, is nothing but irresponsibility in print. The security agency that is mandated to protect the country’s border should have the minimum knowledge, that mobile telephones with a camera, now though common, was exceptionally rare 15 years ago. The BSF does not have a case that their officers exposed in the video are serving in the same outpost for the past 15 years. If the video is not of an incident that happened on 16 January, then on what reason was the officers stationed at Charmurasi border outpost suspended?

AHRC also disclosed  that the video shows officers, identifiable in person, violating every code of their operative mandate, in some of the most brutal and inhuman manner. It shows the alarming wilt of discipline among the officers. Any agency, having such sick officers posted on duty has serious reasons to consider overhauling its operative structure to ensure basic discipline. In the BSF however, such actions are unlikely to happen. At the most the case would end, probably after a decade, with some punitive actions taken against the officers who are now placed under suspension.

In the statement AHRC also mentioned that the DM and the SP, of Murshidabad should have known that such incidents are common. They cannot content otherwise, since the MASUM and the AHRC together have sent these officers some 800 cases during the past eight years. These two officers have the legal responsibility to answer for what is in the video since had their office been diligent enough such incidents would not have repeated. In a case reported by the AHRC and MASUM on 19 October 2012, the victim in the case was stoned to death by the BSF. The incident happened within the jurisdiction of Raninagar Police Station. No action has been taken on this case so far. The details of the case are available at AHRC-UAC-210-2011.
AHRC mentioned that the Inspector General (IG) of the BSF is also responsible for the incident since the IG’s office is bound by ‘command responsibility’. In the same vein, the Inspector-General commanding the South Bengal Frontier unit of the BSF and the Commandant and under whom the officers involved in the incident served are also to be punished. Command responsibility is no legal fiction. It is legal norm, which applies in this case without exception.

AHRC shared that most importantly the question that needs to be answered now is that what allows the BSF to perpetuate such horrendous forms of violence against unarmed civilians? Had the BSF been operating in compliance with the Border Security Force Act, 1968 and its Rules 1969, such incidents would not have happened. It shows that discipline and commitment to duty is not ensured within the rank and file in the force. Violence by the BSF against unarmed civilians and other forms of corruption and crimes committed by the BSF with impunity is a threat to the border security of the nation. Such a BSF is a threat to the entire country.

If experience were of any value, one need to see whether, at least in this occasion there would be a transparent investigation and adjudication. If national security is of any interest to the government, it should prove it by taking actions in all cases reported to the government, of crimes committed by the BSF. The AHRC is willing to once again submit to the Government of India a dossier containing details of the cases documented by the AHRC involving the BSF.

Dear Prime Minister, It is not an isolated issue of Brutal torture by neighboring country’s Border Security Force. Indo-Bangladesh became ground of human rights violations in the form of physical, psychological, and sexual abuse, including torture, reports of rape.

Bangladesh is not in war with India or there is no visible enmity between two friendly countries. I want to remind you hold a constitutional position and you also have the responsibility to secure the life of the citizens’ home or aboard.

I request you please publicly discuss with Indian government of the requirements for the treatment of detainees under international human rights law, in particular the U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (the Convention Against Torture).

I condemn your government’s continuous failure to address the continuous the life and property of Bangladeshi citizens from the Indian BSF.

Please ask the Indian government to stop war on the peaceful Bangladeshi citizen and take proper action against the forces and bring them under law.

I urge you, ask the Indian government to form a special commission inquire the cases of torture, rape and other forms of human rights violations on Bangladeshi citizens of last 3 years and bring the perpetrators under law and insist the Indian government to give proper compensation to the Bangladeshi victims of torture, rape and other sorts of human rights violations, who were victimize by the BSF and other forces in Indo Bangla border.

I suggest you in terms of information’s of different human rights violations on Bangladeshi citizens in Indo Bangla border the prominent Indian human rights organization Banglar Manabadhikar Suraksha Mancha (MASUM) would be a natural and credible source of information.

I will again urge you take the proper initiative to secure the life and property of Bangladeshi citizens in Indo Bangla border.

I thank you for your attention to this important matter.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

Nothing exciting about latest reshuffle – Nana Akomea

News Ghana
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NPP’s Communication Director, Nana Akomea, says President Mills’ latest reshuffle will add nothing new to the government.

President John Mills in his last reshuffle before his term expires early next year has brought on board Member of Parliament (MP) for Ablekuma South, Fritz Baffoe, and the MP for Nabdam, Moses Asaga.

Fritz Baffoe will be heading the Information Ministry while Moses Asaga takes oversight responsibility at the Ministry of Employment and Social Welfare.

To many political pundits, the president’s latest reshuffle is important, going into an election year.

However, to Nana Akomea, “nothing is exciting about the reshuffle”.

To him, the resignation of former Education Minister, Betty Mould-Iddrisu is more dramatic and should generate the needed questions; not a reshuffle.

The NPP had called on the then Education Minister who was serving as Ghana’s Attorney General when the judgment debt were paid; to resign but, Nana Akomea said though she has resigned, questions still remain as to the main reason why she did.

“We don’t know if she resigned because of our call; that is, if she has resigned because of the role she played in the loss of 928 billion cedis to the state; or she resigned on health grounds; or she resigned because she didn’t like her job as a minister”, he told Xfm 95.1 in an interview, adding, “we hear she has been appointed as a high commissioner to South Africa which is very strange; for a senior cabinet minister to be appointed as a high commissioner; which is lower than a deputy minister. So it’s all very strange; we need to be told why”.

“Because the matter involves corruption and the massive loss of gargantuan fund, we need to know the reason why she has resigned. Anything short of that, the case will still not be closed”, he said.

A statement which indicated President John Mills’ acceptance of Betty Mould-Iddrisu’s resignation stated that she did not want to be a hindrance to the president’s Better Ghana agenda. But Nana Akomea is not convinced.

He asked, “why will she be a hindrance to the better Ghana agenda? Is it because of some gargantuan mistake that she has done? We just need to be told. In what way has she been a hindrance to the Better Ghana agenda? When we have the reasons, then we can interrogate the matters. And the people of this country deserve answers to how come this government paid up 928 billion cedis to an NDC financier when we have so many basic everyday needs of the people that are not satisfied”.

Source: Joy Online

Turkey: Police raid of NGOs offices in Diyarbakir

William Nicholas Gomes
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16 January, 2012

Mr. Recep Tayyip Erdogan,

Prime Minister

Office of the Prime Minister

Basbakanlik 06573 Ankara,

Turkey,

Fax: + 90 312 417 0476;

E-mail: [email protected]

Re: Turkey: Police raid of NGOs offices in Diyarbakir

Dear Mr. Recep Tayyip Erdogan,

I have been informed by the Human Rights Association (IHD) about the police raid of the offices of its Diyarbakir branch as well as that of the General Centre of the Public Workers’ Trade Union (KESK), the Education Workers’ Trade Union (Egitim-Sen), the Kurdish Language Research and Development Association (Kurdi-Der) and the Solidarity Association For Prisoners’ and Convicts’ Relatives (Tuhay-Der).

According to the information received, in the early morning of January 13, 2012, the anti-terrorism unit of the police raided on the basis of an illegal search warrant[1] the offices in Diyarbakir of IHD, KESK, Egitim-Sen, Kurdi-Der and Tuhay-Der, in the framework of a wide ranged anti-terrorist operation intended to dismantle an alleged terrorist network – the Kurdish Communities Union (KCK)[2] – that in fact targets peaceful activists from the Kurdish community who are not related to any terrorist activities, including human rights defenders and associations. The police confiscated computers found on the premises of all organisations. All were later returned except those confiscated in IHD’s offices.

I denounce the continuing harassment of human rights defenders and organisations in Turkey, and particularly IHD members, members of trade unions and those fighting against the impunity of serious crimes and calling for a peaceful resolution of the Kurd question, which seems to merely aim at sanctioning their human rights activities. To that extent, the Observatory recalls that several IHD members are currently in pre-trial detention, notably Mr. Muharrem Erbey, IHD General Vice Chairperson and Chairperson of its Diyarbakir Province branch who had been detained since December 2009, Mr. Arslan Özdemir, Ms. Roza Erdede, IHD members in Diyarbakir[3], Mr. Ragip Zarakolu, Honorary Board Member and Founder of IHD and publisher, and Ms. Büsra Ersanli, lecturer at the Marmara University Faculty of Political Sciences and International Relations in Istanbul[4], members of associations of families of victims of abusive anti-terrorism policies[5] and lawyers[6]. Dozens of other human rights defenders remain in provisional release pending the outcome of criminal trials on alleged terrorism charges[7].

Accordingly, I call upon the Turkish authorities to put an end to the continuing harassment against human rights associations and defenders and urges the Turkish authorities to stop raids and release all human rights defenders held in detention immediately and unconditionally, since their detention is arbitrary.

I urge you guarantee in all circumstances the physical and psychological integrity of Mr. Ragip Zarakolu, Ms. Büsra Ersanli, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as all other members of IHD, KESK, Egitim-Sen, Kurdi-Der and Tuhay-Der, members of associations of families of victims of abusive anti-terrorism policies and lawyers, and in general, all human rights defenders in Turkey.

I also urge you please  release immediately and unconditionally Mr. Ragip Zarakolu, Ms. Büsra Ersanli, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as members of associations of families of victims of abusive anti-terrorism policies and lawyers who are currently detained, since their detention is arbitrary as it only aim at sanctioning their human rights activities;

Please put an end to all acts harassment, including at the judicial level, against Mr. Ragip Zarakolu, Ms. Büsra Ersanli, Mr. Muharrem Erbey, Mr. Arslan Özdemir and Ms. Roza Erdede as well as all other members of IHD, KESK, Egitim-Sen, Kurdi-Der, Tuhay-Der, members of associations of families of victims of abusive anti-terrorism policies and lawyers and, in general, all human rights defenders in Turkey;

I also urge you please  comply with the provisions of the United Nations Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

I thank you for your consideration of my recommendations. Please be reassured of my highest regards.

Sincerely yours,

William Nicholas Gomes

William’s Desk

www.williamgomes.org

[1][1] The warrant was issued by the Istanbul Heavy Penal Court No. 10 on the demand of the Istanbul Chief Public Prosecution Office in violation of rules governing jurisdiction. According to the law, only the Diyarbakir Chief Public Prosecution Office has the jurisdiction to apply for a search warrant concerning an association located in Diyarbakir province.

[2][2] A body said to be the “urban front” of the Kurdistan Workers’ Party (PKK).

[3][3] See Observatory Annual Report 2011.

[4][4] See Observatory Urgent Appeal TUR 003 / 1111 / OBS 121, issued on November 3, 2011.

[5][5] See Observatory Urgent Appeal TUR 002 / 1011 / OBS 119, issued on October 25, 2011.

[6][6] See Observatory Joint Open Letter, December 16, 2011.

[7][7] See Observatory Annual Report 2011.

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