Sri Lanka
18.09.03
Urgent Interventions
Sri Lanka: Torture of a 14 years old child by police officers
Case LKA 180903.CC
CHILD CONCERN/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 brutal torture of Dawundage Pushpakumara, 14-year-old, by several police officers from Saliyawewa Police Station in Platum, Sri Lanka
According to the information received, at around 10:30pm on 1st September 2003, about six police officers from the Saliyawewa Police Post in Putlam, dressed in civilian clothes, came to Pushpakumara's sister's house and threatened to shoot their cousin if Pushpakumara did not go with them. They grabbed his neck and pushed him into their van, where Pushpakumara saw four bottles of liquor. According to Nisantha (Pushpakumara's cousin), police officers went to Puspakumara's house after having drunk liquor and threatened to shoot Nisantha if he did not show them Pushpakumara's house.
Inside the van several police officers assaulted Pushpakumara, telling him to confess to stealing a chain. They took him to Saliyawewa Police Post and threw him into a cell. Then they tied his hands behind him and hung him on a beam, where the Officer in Charge (OIC) and several others assaulted him. Then they put him in a room full of ants with his hands still tied.
When his parents went to police station to see their son, they saw Pushpakumara hanging on a beam with his hands tied behind him with a fiber cord. His mother asked to see him, but a police officer told her that the OIC was not in the police post and to come the next day. Meanwhile, about ten to fifteen persons claiming to be the owners of the chain came to the police station and threatened to get the police to harm her son if he did not return the chain. The police officers did not react to any of the threats.
The next morning (2nd September), his mother and sister were allowed to speak to Pushpakumara and he showed them his hands (which had deep wounds), legs (ant bites), head and chest as places where they assaulted him. He added, "It is good that you came last night, otherwise I would have been killed." The OIC asked Pushpakumara whether he took the chain and he said no. Then the OIC allowed him to go home with the mother. After Pushpakumara went back home, he complained of headaches and fainted. The next morning the Genera L Hospital of Putlam admitted him.
On 5th September the police officers told the mother and sister that Pushpakumara was not a thief and the real culprit had been arrested. The police officer told them to remove Pushpakumara from the hospital and asked the supposed owner of the chain to give one thousand rupees to the mother. Two police officers and the owner of the chain took the mother and sister to the General Hospital, Putlam at about 7-8pm, but Pushpakumara had been forced to leave the hospital.
Pushpakumara fell very ill at home and the next day a person told him the thief was going to be released and that he would be arrested, so he should go back to the hospital. However, due to police pressure the hospital would not admit him. Attempts to get help from the child welfare office also failed for their fear of the police. A human rights organization reached the family and tried to take the child to a hospital outside the area. Meanwhile, the Child Rights Authority, which was informed of the situation took Pushpakumara to a hospital in Colombo where he was treated. Now the family is under severe pressure from the police to stop perusing complaints against the police officials.
The International Secretariat of OMCT strongly condemns the Saliyawewa police officers’ acts of torture perpetrated against Dawundage Pushpakumara. 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)).
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))
OMCT is deeply concerned by the impunity enjoyed by policemen involved in this case of abuse and torture of a child, while 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:
- Order an impartial investigation into the circumstances of the arrest and the alleged acts of torture and other cruel, inhuman and degrading treatment, in order to identify those responsible and bring them before a competent tribunal;
- apply the penal, civil and/or administrative sanctions provided by law against the policemen involved;
- guarantee psychosocial support and further medial assistance to Pushpakumara and obtain compensations for him and his family;
- 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 House, Colombo 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
Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
4. 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: sechrc@sltnet.lk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 18th September 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN/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 brutal torture of Dawundage Pushpakumara, 14-year-old, by several police officers from Saliyawewa Police Station in Platum, Sri Lanka
According to the information received, at around 10:30pm on 1st September 2003, about six police officers from the Saliyawewa Police Post in Putlam, dressed in civilian clothes, came to Pushpakumara's sister's house and threatened to shoot their cousin if Pushpakumara did not go with them. They grabbed his neck and pushed him into their van, where Pushpakumara saw four bottles of liquor. According to Nisantha (Pushpakumara's cousin), police officers went to Puspakumara's house after having drunk liquor and threatened to shoot Nisantha if he did not show them Pushpakumara's house.
Inside the van several police officers assaulted Pushpakumara, telling him to confess to stealing a chain. They took him to Saliyawewa Police Post and threw him into a cell. Then they tied his hands behind him and hung him on a beam, where the Officer in Charge (OIC) and several others assaulted him. Then they put him in a room full of ants with his hands still tied.
When his parents went to police station to see their son, they saw Pushpakumara hanging on a beam with his hands tied behind him with a fiber cord. His mother asked to see him, but a police officer told her that the OIC was not in the police post and to come the next day. Meanwhile, about ten to fifteen persons claiming to be the owners of the chain came to the police station and threatened to get the police to harm her son if he did not return the chain. The police officers did not react to any of the threats.
The next morning (2nd September), his mother and sister were allowed to speak to Pushpakumara and he showed them his hands (which had deep wounds), legs (ant bites), head and chest as places where they assaulted him. He added, "It is good that you came last night, otherwise I would have been killed." The OIC asked Pushpakumara whether he took the chain and he said no. Then the OIC allowed him to go home with the mother. After Pushpakumara went back home, he complained of headaches and fainted. The next morning the Genera L Hospital of Putlam admitted him.
On 5th September the police officers told the mother and sister that Pushpakumara was not a thief and the real culprit had been arrested. The police officer told them to remove Pushpakumara from the hospital and asked the supposed owner of the chain to give one thousand rupees to the mother. Two police officers and the owner of the chain took the mother and sister to the General Hospital, Putlam at about 7-8pm, but Pushpakumara had been forced to leave the hospital.
Pushpakumara fell very ill at home and the next day a person told him the thief was going to be released and that he would be arrested, so he should go back to the hospital. However, due to police pressure the hospital would not admit him. Attempts to get help from the child welfare office also failed for their fear of the police. A human rights organization reached the family and tried to take the child to a hospital outside the area. Meanwhile, the Child Rights Authority, which was informed of the situation took Pushpakumara to a hospital in Colombo where he was treated. Now the family is under severe pressure from the police to stop perusing complaints against the police officials.
The International Secretariat of OMCT strongly condemns the Saliyawewa police officers’ acts of torture perpetrated against Dawundage Pushpakumara. 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)).
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))
OMCT is deeply concerned by the impunity enjoyed by policemen involved in this case of abuse and torture of a child, while 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:
- Order an impartial investigation into the circumstances of the arrest and the alleged acts of torture and other cruel, inhuman and degrading treatment, in order to identify those responsible and bring them before a competent tribunal;
- apply the penal, civil and/or administrative sanctions provided by law against the policemen involved;
- guarantee psychosocial support and further medial assistance to Pushpakumara and obtain compensations for him and his family;
- 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 House, Colombo 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
Chairman of National Police Commission, Mr. Ranjith Abeysuriya PC, 10 A, Flower Road, Colombo 7, Sri Lanka
4. 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: sechrc@sltnet.lk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 18th September 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.