Sri Lanka
23.10.02
Urgent Interventions
Sri Lanka: 17 year-old boy arbitrarily arrested and tortured
Case LKA 231002.CC
CHILD CONCERN
Arbitrary arrest / Torture
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of a 17 year old student, Hettitantrige Lasitha Sameera Madusanga, by officers of the Crime Branch of Peliyagoda Police, on 17 and 18 October 2002 in Kelaniya, Sri Lanka.
According to the information received, Sameera was approached in his home after 4.00 p.m. on 17 October 2002 by officers of the Crime Branch of Peliyagoda Police who told his mother, in a very friendly manner, that they would need to bring Sameera to the police station in order for him to make a statement. She was reportedly not told that her son was in fact considered a suspect in the burglary of a neighbour’s house.
According to AHRC, the police officers, both in civilian clothes and in uniform, allegedly became very hostile towards Sameera once in the car and started to ask several questions to the child regarding a theft that he had supposedly committed. As he denied any involvement in that matter, he was reportedly assaulted, starting with slapping, then body blows and later kicking while still in the vehicle. Some of Sameera’s friends witnessed the scene and reported the matter to his parents.
Once in Peliyagoda Police Station, Sameera was allegedly ill-treated and tortured by officers of the Crime Branch, with the knowledge and participation of the officer in charge of the station, Mr. Wanigasekera. Sameera was reportedly taken to a room and, while several policemen held him, pins were pricked into his ears, nose and lips. He then was tied up by his legs and hands and beaten repeatedly with clubs, which severely damaged his fingers and toes. After a few hours he was taken to a cell, but did not have time to rest there. He was taken out and told to walk. He found it difficult and when he stopped a boy attacked him with a stick.
According to the information received, Sameera’s brother went to look for him but was chased away by police saying that he had come to look for a thief. His father then intervened, and through a lawyer known to the police officers had his son released on 18 October 2002 around 10.30 a.m. Once released, Sameera was taken to the Accident Ward of the National Hospital in Colombo. He reportedly had several injuries on his legs and hands, including a broken toe and swollen legs.
According to the report, Sameera made a statement at the Peliyagoda police station, which he read and signed. On 19 October, he was discharged. The next day, complaining of severe chest pain, his parents again admitted him to the National Hospital.
The International Secretariat of OMCT is seriously concerned for the integrity of Hettitantrige Lasitha Sameera Madusanga, and, more generally, for all children that are brought to police stations. The international secretariat of OMCT wishes to recall that Sri Lanka, as a State Party to the Convention on the Rights of the Child, is obliged to respect all its articles; in particular article 37 that declares that “States Parties shall ensure that: a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.” Furthermore, this article demands that “c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order a thorough and impartial investigation into the circumstances of the alleged acts of torture in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation, including physical and psychological recovery, to Sameera, and ensure his social reintegration;
· elaborate and implement preventive programmes, in particular by ensuring education and training for all personnel who may be involved in the custody, interrogation or treatment of any child subjected to any form of arrest, detention or imprisonment. This should include specific training in child psychology, child welfare and international standards and norms of human rights and children’s rights;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, especially the Convention on the Rights of the Child.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Inspector General of Police, Mr. B.L.V. Kodituwakku, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, October 22nd , 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Arbitrary arrest / Torture
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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arbitrary arrest and torture of a 17 year old student, Hettitantrige Lasitha Sameera Madusanga, by officers of the Crime Branch of Peliyagoda Police, on 17 and 18 October 2002 in Kelaniya, Sri Lanka.
According to the information received, Sameera was approached in his home after 4.00 p.m. on 17 October 2002 by officers of the Crime Branch of Peliyagoda Police who told his mother, in a very friendly manner, that they would need to bring Sameera to the police station in order for him to make a statement. She was reportedly not told that her son was in fact considered a suspect in the burglary of a neighbour’s house.
According to AHRC, the police officers, both in civilian clothes and in uniform, allegedly became very hostile towards Sameera once in the car and started to ask several questions to the child regarding a theft that he had supposedly committed. As he denied any involvement in that matter, he was reportedly assaulted, starting with slapping, then body blows and later kicking while still in the vehicle. Some of Sameera’s friends witnessed the scene and reported the matter to his parents.
Once in Peliyagoda Police Station, Sameera was allegedly ill-treated and tortured by officers of the Crime Branch, with the knowledge and participation of the officer in charge of the station, Mr. Wanigasekera. Sameera was reportedly taken to a room and, while several policemen held him, pins were pricked into his ears, nose and lips. He then was tied up by his legs and hands and beaten repeatedly with clubs, which severely damaged his fingers and toes. After a few hours he was taken to a cell, but did not have time to rest there. He was taken out and told to walk. He found it difficult and when he stopped a boy attacked him with a stick.
According to the information received, Sameera’s brother went to look for him but was chased away by police saying that he had come to look for a thief. His father then intervened, and through a lawyer known to the police officers had his son released on 18 October 2002 around 10.30 a.m. Once released, Sameera was taken to the Accident Ward of the National Hospital in Colombo. He reportedly had several injuries on his legs and hands, including a broken toe and swollen legs.
According to the report, Sameera made a statement at the Peliyagoda police station, which he read and signed. On 19 October, he was discharged. The next day, complaining of severe chest pain, his parents again admitted him to the National Hospital.
The International Secretariat of OMCT is seriously concerned for the integrity of Hettitantrige Lasitha Sameera Madusanga, and, more generally, for all children that are brought to police stations. The international secretariat of OMCT wishes to recall that Sri Lanka, as a State Party to the Convention on the Rights of the Child, is obliged to respect all its articles; in particular article 37 that declares that “States Parties shall ensure that: a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.” Furthermore, this article demands that “c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
· order a thorough and impartial investigation into the circumstances of the alleged acts of torture in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
· guarantee adequate reparation, including physical and psychological recovery, to Sameera, and ensure his social reintegration;
· elaborate and implement preventive programmes, in particular by ensuring education and training for all personnel who may be involved in the custody, interrogation or treatment of any child subjected to any form of arrest, detention or imprisonment. This should include specific training in child psychology, child welfare and international standards and norms of human rights and children’s rights;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, especially the Convention on the Rights of the Child.
Addresses
· Her Excellency President Chandrika Bandaranaike Kumaratunga, President's House, Colombo 3, Sri Lanka. Fax No 00 94 1 333703, E-mails: for_min@sri.lanka.net
· Prime Minister Honourable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No 00 94 1575 454, 0094 16820 905, 0094 1542 919
· Honourable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No 00 94 1 437680
· Honourable Minister of Interior John Amaratunga, Colombo, Fax: 0094 1387 526, 0094 1698 282
· Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 0094 1436 421
· Inspector General of Police, Mr. B.L.V. Kodituwakku, New Secretariat, Colombo 1, Sri Lanka, Fax: 0094 1 446174
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: 0044 207 262-7970
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, October 22nd , 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.