Sri Lanka
13.08.03
Urgent Interventions
Sri Lanka - Torture of a 17 year old boy by policemen - hearing pending
Torture of a 17 year old boy by policemen - hearing pending
Case LKA 130803.CC
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 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, the Gramma Arraksaka came to the house of the victim, B.G. Chamila Bandara Jayaratne on 20 July 2003 at around 4.30pm and took him away in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. The victim saw his cousin, Upali, and a 14 year old boy Bandula Pathmakumara at this place. Two of the officers were in uniform. One policeman threatened to kill Upali if the victim did not confess. Then they were allegedly taken to the Ankumbura police station at about 6pm. The Inspector of Police Senevirathna hit the victim and kicked him in the face.
The victim was released but the next day (21 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 27 July, Upali, Saman, Salier, Bandula, and the victim were made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital but the victims were not allowed access to a doctor.
Then Salier and Upali were reportedly detained at Bogumbara prison hospital. The others were remanded in the prisons at Rajayagahavithiya. Later the victim learned that while he was in prison, his mother came, but she had not been allowed to see him.
On 30 July the victim was granted bail on ten thousand rupees surety. The next day, he recieved 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.
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)). 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 lack of due diligence 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.
As a result of the torture, AHRC reports that the victim cannot use his left arm. The police have reportedly falsely implicated him in the thefts. The date of the next hearing is 20 August 2003.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of the arrests and the alleged acts of torture and other cruel, inhuman and degrading treatment on B.G. Chamila Bandara Jayaratne, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee that adequate reparation is provided to the victims;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
iv. 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.
v. guarantee that a fair trial by a competent, independent and impartial judicial body according to the law be opened whereby all their procedural rights be guaranteed, in particular their right to have legal or other appropriate assistance in the preparation and presentation of their defence;
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
EXTRA ADRESSES
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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 12, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply
Case LKA 130803.CC
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 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, the Gramma Arraksaka came to the house of the victim, B.G. Chamila Bandara Jayaratne on 20 July 2003 at around 4.30pm and took him away in order to extract a confession to recent alleged thefts. Sergeant Pathnesiri reportedly struck the victim several blows to the face and the body. The victim saw his cousin, Upali, and a 14 year old boy Bandula Pathmakumara at this place. Two of the officers were in uniform. One policeman threatened to kill Upali if the victim did not confess. Then they were allegedly taken to the Ankumbura police station at about 6pm. The Inspector of Police Senevirathna hit the victim and kicked him in the face.
The victim was released but the next day (21 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 27 July, Upali, Saman, Salier, Bandula, and the victim were made to sign blank pages. Police officers obtained papers from a doctor at Ankumbura hospital but the victims were not allowed access to a doctor.
Then Salier and Upali were reportedly detained at Bogumbara prison hospital. The others were remanded in the prisons at Rajayagahavithiya. Later the victim learned that while he was in prison, his mother came, but she had not been allowed to see him.
On 30 July the victim was granted bail on ten thousand rupees surety. The next day, he recieved 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.
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)). 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 lack of due diligence 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.
As a result of the torture, AHRC reports that the victim cannot use his left arm. The police have reportedly falsely implicated him in the thefts. The date of the next hearing is 20 August 2003.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order a thorough and impartial investigation into the circumstances of the arrests and the alleged acts of torture and other cruel, inhuman and degrading treatment on B.G. Chamila Bandara Jayaratne, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee that adequate reparation is provided to the victims;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
iv. 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.
v. guarantee that a fair trial by a competent, independent and impartial judicial body according to the law be opened whereby all their procedural rights be guaranteed, in particular their right to have legal or other appropriate assistance in the preparation and presentation of their defence;
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
EXTRA ADRESSES
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
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, August 12, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply