11.03.03
Urgent Interventions
Sri Lanka: beating, threatening and extrajudicial killing of Mr. Yoga Clement Benjamin
Case LKA 110303
Violation of personal integrity / Death threats / Extrajudicial execution
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Asian Human Rights Commission, a member of the OMCT network, of the beating, threatening and extrajudicial killing of Mr. Yoga Clement Benjamin by members of the Kalutara South Police in Sri Lanka.
According to the information received, police officers of the Kalutara South Police have reportedly extrajudicially executed Mr. Yoga Clement Benjamin alias "Rasa" (47), married with three children, a Catholic and a Tamil from Hillview Road, Pannila, Kalutara South in Sri Lanka. He was shot and killed by the police officers of the Kalutara South Police on 26 February 2003, having previously been threatened, and beaten by the police.
According to the information received, prior to April 2002, Yoga Clement Benjamin was involved in selling illicit alcohol during which time he had given bribes to a Sub-Inspector of Police (SI) Sunil Perera, and several others at the Kalutara South Police station and the officers of the Anti-Corruption Unit of the Kalutara Police Station. After abandoning the selling of illicit alcohol, he had starting selling vegetables at the Colombo Manin Market, but the police had not stopped claiming the bribes from him. A number of officers including Sub-Inspector Perera had been getting pork from him free of charge.
In June 2002, the Sub-Inspector was alleged to have come to request the free supply of pork for a wedding, which Yoga Clement Benjamin turned down. Following this incident and the resulting death threats that he and his family received from the police, Yoga Clement Benjamin decided to sell his pig farm.
On 5 February 2003, two police officers from the Kalutara South Police came to collect bribes, and when the bribe was refused the reportedly beat Yoga Clement Benjamin. About 7:30pm of the same day, Sub-Inspector Perera arrived at his house with a group of persons and threatened Yoga Clement Benjamin. At 10:30pm on the same day a group of about ten police officers in plain clothes with another Sub-Inspector arrived at Yoga Clement Benjamin's house. They carried with them swords and wooden poles and arrived in a Fargo van. They broke open the house and insulted Yoga Clement Benjamin's wife and the daughter, destroyed the furniture and took a golden chain. On the same day, Yoga Clement Benjamin’s wife and daughter went to the police station to lodge a complaint to the Police Authority, but their complaint was not registered and they were chased away.
On the 7 February 2003, the same group of police arrived at Yoga Clement Benjamin's home at 2:30am and entered the house from the back door and proffered death threats against his family. At 9:30am in the morning a complaint was made to the National Human Rights Commission by the family. Later that day, at 2:30pm, some 40 policemen arrived at the house and destroyed all the furniture in the house. At 5:00 pm, the police found Yoga Clement Benjamin and hit him with a steel pole. The officer who hit him was reportedly in plain clothes. During an attempt to get Yoga Clement Benjamin released from the officer in plain clothes, his son was also beaten.
According to the information received, on 9 February 2003 Yoga Clement Benjamin and his family went with Mr. Ninda Mapalagama Godagama, attached to Galle Courts, to make a complaint to the Inspector General of Police (IGP). On 19 February 2003 Yoga Clement Benjamin's son was arrested and detained at the Kalutara South Police on reportedly false charges. A statement by his son was recorded by police officers at the Kalutara South Police on 21 February following a request made by the IGP on 20 February.
On 22 February 2003 Yoga Clement Benjamin reportedly became involved in a land dispute with a neighbour, who then to the Kalutara South Police Station to lodge a complaint. After that, at about 4:30pm, the police arrived at Yoga Clement Benjamin's house in a van with the neighbour in question, accompanied by a police jeep and some other vehicles. The police reportedly confiscated Yoga Clement Benjamin's motorcycle (number 120-5254). Once the vehicles had left the scene, the neighbour had called for Yoga Clement Benjamin to come out of his house, at which time police personnel who were hiding in the neighbour's house came out and shot at him using a firearm. He and his son, who was also shot at, escaped unhurt. The police reportedly subsequently visited Yoga Clement Benjamin's house on a number of occasions in order to arrest him.
On 26 February 2003 Yoga Clement Benjamin was shot and killed by the police while he was out walking. The explanation has been that the police shot in self-defence. Our sources indicate that Yoga Clement Benjamin was unarmed and that a "galkatas” pistol [a locally made firearm] was placed by his side following his death. The officials from Kalutara South Police have reportedly already begun to threaten those who might have some information about this incident.
The International Secretariat of OMCT is gravely concerned by this reported extrajudicial execution and calls on the authorities to immediately launch an investigation into these events and bring the perpetrators of these acts to justice.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Yoga Clement Benjamin’s family and all other witnesses to these events;
ii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee adequate reparation to Mr. Yoga Clement Benjamin’s family and put an immediate end to the persecution and harassment to which they are being subjected;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka, Fax: +941 674148
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, March 11, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violation of personal integrity / Death threats / Extrajudicial execution
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Asian Human Rights Commission, a member of the OMCT network, of the beating, threatening and extrajudicial killing of Mr. Yoga Clement Benjamin by members of the Kalutara South Police in Sri Lanka.
According to the information received, police officers of the Kalutara South Police have reportedly extrajudicially executed Mr. Yoga Clement Benjamin alias "Rasa" (47), married with three children, a Catholic and a Tamil from Hillview Road, Pannila, Kalutara South in Sri Lanka. He was shot and killed by the police officers of the Kalutara South Police on 26 February 2003, having previously been threatened, and beaten by the police.
According to the information received, prior to April 2002, Yoga Clement Benjamin was involved in selling illicit alcohol during which time he had given bribes to a Sub-Inspector of Police (SI) Sunil Perera, and several others at the Kalutara South Police station and the officers of the Anti-Corruption Unit of the Kalutara Police Station. After abandoning the selling of illicit alcohol, he had starting selling vegetables at the Colombo Manin Market, but the police had not stopped claiming the bribes from him. A number of officers including Sub-Inspector Perera had been getting pork from him free of charge.
In June 2002, the Sub-Inspector was alleged to have come to request the free supply of pork for a wedding, which Yoga Clement Benjamin turned down. Following this incident and the resulting death threats that he and his family received from the police, Yoga Clement Benjamin decided to sell his pig farm.
On 5 February 2003, two police officers from the Kalutara South Police came to collect bribes, and when the bribe was refused the reportedly beat Yoga Clement Benjamin. About 7:30pm of the same day, Sub-Inspector Perera arrived at his house with a group of persons and threatened Yoga Clement Benjamin. At 10:30pm on the same day a group of about ten police officers in plain clothes with another Sub-Inspector arrived at Yoga Clement Benjamin's house. They carried with them swords and wooden poles and arrived in a Fargo van. They broke open the house and insulted Yoga Clement Benjamin's wife and the daughter, destroyed the furniture and took a golden chain. On the same day, Yoga Clement Benjamin’s wife and daughter went to the police station to lodge a complaint to the Police Authority, but their complaint was not registered and they were chased away.
On the 7 February 2003, the same group of police arrived at Yoga Clement Benjamin's home at 2:30am and entered the house from the back door and proffered death threats against his family. At 9:30am in the morning a complaint was made to the National Human Rights Commission by the family. Later that day, at 2:30pm, some 40 policemen arrived at the house and destroyed all the furniture in the house. At 5:00 pm, the police found Yoga Clement Benjamin and hit him with a steel pole. The officer who hit him was reportedly in plain clothes. During an attempt to get Yoga Clement Benjamin released from the officer in plain clothes, his son was also beaten.
According to the information received, on 9 February 2003 Yoga Clement Benjamin and his family went with Mr. Ninda Mapalagama Godagama, attached to Galle Courts, to make a complaint to the Inspector General of Police (IGP). On 19 February 2003 Yoga Clement Benjamin's son was arrested and detained at the Kalutara South Police on reportedly false charges. A statement by his son was recorded by police officers at the Kalutara South Police on 21 February following a request made by the IGP on 20 February.
On 22 February 2003 Yoga Clement Benjamin reportedly became involved in a land dispute with a neighbour, who then to the Kalutara South Police Station to lodge a complaint. After that, at about 4:30pm, the police arrived at Yoga Clement Benjamin's house in a van with the neighbour in question, accompanied by a police jeep and some other vehicles. The police reportedly confiscated Yoga Clement Benjamin's motorcycle (number 120-5254). Once the vehicles had left the scene, the neighbour had called for Yoga Clement Benjamin to come out of his house, at which time police personnel who were hiding in the neighbour's house came out and shot at him using a firearm. He and his son, who was also shot at, escaped unhurt. The police reportedly subsequently visited Yoga Clement Benjamin's house on a number of occasions in order to arrest him.
On 26 February 2003 Yoga Clement Benjamin was shot and killed by the police while he was out walking. The explanation has been that the police shot in self-defence. Our sources indicate that Yoga Clement Benjamin was unarmed and that a "galkatas” pistol [a locally made firearm] was placed by his side following his death. The officials from Kalutara South Police have reportedly already begun to threaten those who might have some information about this incident.
The International Secretariat of OMCT is gravely concerned by this reported extrajudicial execution and calls on the authorities to immediately launch an investigation into these events and bring the perpetrators of these acts to justice.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Yoga Clement Benjamin’s family and all other witnesses to these events;
ii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iii. guarantee adequate reparation to Mr. Yoga Clement Benjamin’s family and put an immediate end to the persecution and harassment to which they are being subjected;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax: + 94 1 333703, E-mail: for_min@sri.lanka.net
· Hon. Prime Minister Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka. Fax: + 94 1575 454/1 682905. E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, Sri Lanka. Fax: + 94 1 436-421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax: + 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: + 94 1387 526, + 94 1698 282
· Inspector General of Police, Mr. T. E. Anandarajah, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Mr. Ranjith Abeysuriya PC, Chairman, National Police Commission, 10 A, Flower Road, Colombo 7, Sri Lanka, Fax: +941 674148
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, March 11, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.