Sri Lanka
19.07.02
Urgent Interventions

Sri Lanka: a boy tortured by the police

CHILD CONCERN
Case LKA 190702.CC
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 torture of a 16-year-old schoolboy by several police officers at the Aralaganvila police station in Polonnaruwa, Sri Lanka.

According to the information received, V.G.G. Chaminda Premalal was arrested on the evening of 9 July at his home by several officers who claimed he was wanted for questioning regarding some recent cases of theft. Once the officers took Chaminda Premalal to the station, they allegedly accused him of burglarising a hair salon and some houses. Then the officers reportedly used a PVC pipe to beat him on his back, including his spinal cord, and the soles of his feet. The officers also pushed his head forcefully against a wall several times, then pushed him onto the floor, where they trampled upon his body.

According to AHRC, Chaminda Premalal was brought to the upper floor of the police station the next day, 10 July 2002, where Crimes Division officers Lalith Rajamantri and Nihal and other unidentified officers allegedly showed the boy a rope and threatened him to confess or be hung. The officers, who were reportedly intoxicated at the time, told him, “We will hang you up; we will kill and throw you out. You know we can escape. We can say that you ran away on the way. We will break your hands and legs. We will hit you in a way that you will die in a month.” After further assaults, the victim pled with the officers to stop hitting him and agreed to confess to the crimes.

The information received states that the boy was then taken home, where his personal belongings, including his bicycle, were seized by the police. The next day he was taken to the police station again, and brought before a magistrate who granted him bail. Reportedly Chaminda Premalal is now in a hospital being treated for his injuries. As a result of the torture, AHRC reports that the soles of his feet are swollen and he suffers from spinal pain, fainting spells, headaches, vomiting, and confusion.

The International Secretariat of OMCT strongly condemns the Polonnaruwa police officers’ torture of Chaminda Premalal. OMCT wishes to recall that Sri Lanka, as a State party to the Convention on the Rights of the Child, is bound to the provision that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (Art. 37 (a)). Furthermore, the Convention states that “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.” (Art. 37 (c)).

Furthermore, OMCT is deeply concerned by the inaction of Sri Lankan political authorities despite their awareness of a recent wave of allegations of police abuse and torture. This is particularly disturbing in light of the fact that, under Sri Lankan law, torture is a crime punishable by a mandatory minimum sentence of seven years in prison.

Action Requested

Please write to the authorities in Sri Lanka urging them to:

i. put an immediate end to all forms of torture, cruel, inhuman and degrading treatment of children in accordance with national and international legislation;
ii. ensure adequate reparation to Chaminda Premalal, including physical and psychological recovery, and facilitate his reintegration into society;
iii. guarantee an immediate investigation into the alleged acts of torture and other cruel, inhuman and degrading treatment, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee respect of human rights and fundamental freedoms throughout the country in compliance with national laws and international standards, and particularly with 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-mail: 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, 00 94 16820 905, 00 94 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: 00 94 1387 526, 0094 1698 282
- Honourable K.C. Kanalasabesan, Attorney General, Colombo 12, Fax: 00 94 1436 421
- 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: 00 44 207 262-7970

Please also write to the embassies of Sri Lanka in your respective country

Geneva, 19 July, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.