Sri Lanka
10.02.03
Urgent Interventions
Sri Lanka: Supreme Court opens the case of child torture victim but threats continue
Case LKA 130803.1 CC
Child Concern/Torture and ill-treatment
Follow up to the case LKA 130803.CC
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission HK, a member of the OMCT network, of the decision of the Supreme Court of Sri Lanka to issue leave to proceed in the case of Chamila Bandara, a 17 years-old- boy tortured by several police officers from Ankumbura Police Station and Gramma Arraksaka, Sri Lanka.
After Chamila Bandara’s hospitalisation, doctors at the Peredeniya Teaching Hospital declared that the torture has rendered Mr Bandara's left arm permanently useless, and the other disabled. According to medical reports, his spinal cord was also seriously damaged.
The victim's family filed complaints against the alleged perpetrators to the Sri Lankan authorities, and the Supreme Court has granted leave to proceed with the application relating to the violation of his fundamental rights. The respondents in the case have been given two weeks to file an answer. The case is fixed for argument on 1st December 2003. Meanwhile, a special unit of inquiry is conducting investigations into his case. The case has received enormous local publicity, and a complaint has been made to the UN Special Rapporteur on Question of Torture and the other international bodies.
The alleged perpetrators, angry about these actions against them, have coerced local criminals into intimidating the victim and his family. The victim's mother has been directly threatened many times by the police and by people believed to be coerced by the alleged perpetrators. After being attacked by an unknown person, the mother left the village, and is now staying with her parents. A human rights NGO is taking care of Chamila Bandara.
The victim's family has learned that the OIC and other perpetrators attempted to fabricate the case by forcing some boys to testify that the victim's injury was caused by a fall. The boys did this out of fear, and several of them have already retracted their statements taken under duress. Meanwhile, the officer in charge, accused of being the chief perpetrator of the torture against the victim, is still working at the Angkumbura police station.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture perpetrated against B.G. Chamila Bandara Jayaratne. 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)) and 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)). The Convention further states that " States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (...) (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;" (Art. 40 para. 2 (b)).
Brief reminder of the situation
The International Secretariat of OMCT had been informed by the Asian Human Rights Commission HK, a member of the OMCT network, of the brutal torture of a 17-year-old by several police officers from Ankumbura Police Station and Gramma Arraksaka, Sri Lanka.
According to the information received, B.G. Chamila Bandara Jayaratne was arrested on 20th July 2003. During police custody he was brutally tortured in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. One policeman threatened to kill the victim’s cousin if he did not confess. They were allegedly taken to the Ankumbura police station where the Inspector of Police Senevirathna hit the victim and kicked him in the face. He was released but the next day (21st July) he was taken away again to a room. There were several officers present and the officer in charge and another officer hit the victim on the soles of his feet with a cricket stump, cane and pole. When he refused to confess he was hit further. A polythene bag which had contained petrol was tied to his face. They reportedly threatened to burn and kill him. Then they put the victim's hands behind his back, tied his thumbs together and strung the victim up by his thumbs from a beam on the ceiling and continued beating.
Because of the extreme pain the victim informed who his friends were, confessed to the thefts and was made to state falsely to whom he had given the stolen items. On 27th July, the victim was made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital but the victim was not allowed to access to a doctor. On 30th July the victim was granted bail on ten thousand rupees surety. The next day, he received treatment in a hospital in Kandy for six days. The doctors told him that a nerve in his left hand had been stretched. His legs were swollen, his hands were numb, and he had headaches. A complaint was made to the hospital police. They asked the victim to go and make a complaint at the Ankumbura police station.
Action requested
Please write to the authorities in Sri Lanka urging them to :
i. guarantee the physical and psychological integrity of Chamila Bandara Jayaratne and his family;
ii. ensure the impartiality of the investigation into the circumstances of the intimidation and threats against the victim’s family in order to identify those responsible and bring them before a competent tribunal;
iii. guarantee adequate reparations for the above-mentioned victim;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
vi. put an immediate end to all forms of torture, cruel, inhuman and degrading treatment of children in accordance with national and international legislation and particularly with articles 37 and 40 of the Convention on the Rights of the Child.
Addresses
· President, Her Excellency Chandrika Bandaranaike Kumaratunga, President's HouseColombo 3, Sri Lanka, Fax: +94 1 333 703, E-mail: for_min@sri.lanka.net
· Prime Minister, Hon. Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka, Fax: +94 1 575 454/682 905, E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 1 424 447
· Minister of Interior, Honourable John Amaratunga, Colombo, Sri Lanka, Fax: +94 1 387 526/698 282
· Ambassadeur Kariyawasam, Prasad, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Extra addresses
· Inspector General of Police, Mr. T.E. Anandarajah, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: +94 1 438 915/446 174
· Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
· National Human Rights Commission of Sri Lanka No. 36, Kynsey Road, Colombo 8, Sri Lanka, Tel: +94 1 2 694 925 / 673 806, Fax: +94 1 2 694 924, E-mail: sechr@sltnet.lk
Geneva, 2nd October, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child Concern/Torture and ill-treatment
Follow up to the case LKA 130803.CC
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission HK, a member of the OMCT network, of the decision of the Supreme Court of Sri Lanka to issue leave to proceed in the case of Chamila Bandara, a 17 years-old- boy tortured by several police officers from Ankumbura Police Station and Gramma Arraksaka, Sri Lanka.
After Chamila Bandara’s hospitalisation, doctors at the Peredeniya Teaching Hospital declared that the torture has rendered Mr Bandara's left arm permanently useless, and the other disabled. According to medical reports, his spinal cord was also seriously damaged.
The victim's family filed complaints against the alleged perpetrators to the Sri Lankan authorities, and the Supreme Court has granted leave to proceed with the application relating to the violation of his fundamental rights. The respondents in the case have been given two weeks to file an answer. The case is fixed for argument on 1st December 2003. Meanwhile, a special unit of inquiry is conducting investigations into his case. The case has received enormous local publicity, and a complaint has been made to the UN Special Rapporteur on Question of Torture and the other international bodies.
The alleged perpetrators, angry about these actions against them, have coerced local criminals into intimidating the victim and his family. The victim's mother has been directly threatened many times by the police and by people believed to be coerced by the alleged perpetrators. After being attacked by an unknown person, the mother left the village, and is now staying with her parents. A human rights NGO is taking care of Chamila Bandara.
The victim's family has learned that the OIC and other perpetrators attempted to fabricate the case by forcing some boys to testify that the victim's injury was caused by a fall. The boys did this out of fear, and several of them have already retracted their statements taken under duress. Meanwhile, the officer in charge, accused of being the chief perpetrator of the torture against the victim, is still working at the Angkumbura police station.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture perpetrated against B.G. Chamila Bandara Jayaratne. 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)) and 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)). The Convention further states that " States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (...) (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;" (Art. 40 para. 2 (b)).
Brief reminder of the situation
The International Secretariat of OMCT had been informed by the Asian Human Rights Commission HK, a member of the OMCT network, of the brutal torture of a 17-year-old by several police officers from Ankumbura Police Station and Gramma Arraksaka, Sri Lanka.
According to the information received, B.G. Chamila Bandara Jayaratne was arrested on 20th July 2003. During police custody he was brutally tortured in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. One policeman threatened to kill the victim’s cousin if he did not confess. They were allegedly taken to the Ankumbura police station where the Inspector of Police Senevirathna hit the victim and kicked him in the face. He was released but the next day (21st July) he was taken away again to a room. There were several officers present and the officer in charge and another officer hit the victim on the soles of his feet with a cricket stump, cane and pole. When he refused to confess he was hit further. A polythene bag which had contained petrol was tied to his face. They reportedly threatened to burn and kill him. Then they put the victim's hands behind his back, tied his thumbs together and strung the victim up by his thumbs from a beam on the ceiling and continued beating.
Because of the extreme pain the victim informed who his friends were, confessed to the thefts and was made to state falsely to whom he had given the stolen items. On 27th July, the victim was made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital but the victim was not allowed to access to a doctor. On 30th July the victim was granted bail on ten thousand rupees surety. The next day, he received treatment in a hospital in Kandy for six days. The doctors told him that a nerve in his left hand had been stretched. His legs were swollen, his hands were numb, and he had headaches. A complaint was made to the hospital police. They asked the victim to go and make a complaint at the Ankumbura police station.
Action requested
Please write to the authorities in Sri Lanka urging them to :
i. guarantee the physical and psychological integrity of Chamila Bandara Jayaratne and his family;
ii. ensure the impartiality of the investigation into the circumstances of the intimidation and threats against the victim’s family in order to identify those responsible and bring them before a competent tribunal;
iii. guarantee adequate reparations for the above-mentioned victim;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards;
vi. put an immediate end to all forms of torture, cruel, inhuman and degrading treatment of children in accordance with national and international legislation and particularly with articles 37 and 40 of the Convention on the Rights of the Child.
Addresses
· President, Her Excellency Chandrika Bandaranaike Kumaratunga, President's HouseColombo 3, Sri Lanka, Fax: +94 1 333 703, E-mail: for_min@sri.lanka.net
· Prime Minister, Hon. Ranil Wickremasinghe, Cambridge Place, Colombo 7, Sri Lanka, Fax: +94 1 575 454/682 905, E-mail: secpm@sltnet.lk, bradmanw@slt.lk
· Attorney General, Hon. K.C. Kamalasabesan, Attorney General's Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail: attorney@sri.lanka.net or counsel@sri.lanka.net
· Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice, Law Reform and National Integration, Superior Courts Complex, Colombo 12, Sri Lanka, Fax: + 94 1 424 447
· Minister of Interior, Honourable John Amaratunga, Colombo, Sri Lanka, Fax: +94 1 387 526/698 282
· Ambassadeur Kariyawasam, Prasad, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Extra addresses
· Inspector General of Police, Mr. T.E. Anandarajah, Sri Lanka Police Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: +94 1 438 915/446 174
· Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
· National Human Rights Commission of Sri Lanka No. 36, Kynsey Road, Colombo 8, Sri Lanka, Tel: +94 1 2 694 925 / 673 806, Fax: +94 1 2 694 924, E-mail: sechr@sltnet.lk
Geneva, 2nd October, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.