Sri Lanka
22.08.03
Urgent Interventions
Sri Lanka: Torture of two teenage boys and fabrication of charges against them
Case LKA 220803.CC
Child concern/Torture/Arbitrary detention
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 a AHRC-HK, a member of the OMCT network, of the torture of two teenage boys and the fabrication of charges against them by Ankumbura Police in Sri Lanka.
Bandula Padma Kumara (14 years old) and Saman Kumara (17 years old) are brothers (address: c/o M.G. Karunawathie (Mother), Godahena, Dolaphihilla). Their parents are poor and their father works as a natamy (a workman carrying heavy loads for hire).
According to the information received, on 20 July, Bandula was arrested on suspicion of stealing a bunch of bananas. He was assaulted severely and kept in the police station for eight days. His mother went to the police station to see him but was not allowed in. Bandula's brother, Saman, was arrested while he was at home at about 7.00 pm on 22 July. He was kept at the police station with his younger brother until 28 July 2003. While at the police station, he was hung by his thumbs by the officer in charge of the police and his legs were pulled down by a police officer while he was in that position. Later, he was positioned in the manner known as Dharma Chakkara - tying of hands in a way to cover the knees, putting a poll between the two arms and turning the person while being beaten on the soles.
The boys were forced to admit to offences that they knew nothing about. Bandula has been implicated in 13 fabricated cases and Saman in 12 charges. On 28 July they were brought to the Magistrate and remanded in custody. They were only released on bail on 15 August.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture and fabrication of charges against Bandula Padma and Saman Kumara. 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.
OMCT urges that the matter be investigated immediately and the perpetrators be brought to justice. Furthermore, OMCT request that the fabrication of charges be investigated also, and the two young boys released from the charges which have been made falsely against them. 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))
Remarks
The earlier case of Chamila Bandara (Case LKA 130803.CC), who has now lost the use of his right arm after being tortured, happened at the same police station.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order the immediate release of charges which have been made falsely against the boys;
ii. order a thorough and impartial investigation into the circumstances of their arrests and torture, and on other such acts allegedly undertaken at Ankumbura Police station, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. intervene with the proper authorities to ensure that adequate medical and psychosocial assistance is provided as a matter of urgency to the boys;
iv. guarantee that adequate reparation is provided to them and their family;
Addresses
1 Chandrika B. Kumaritunga
President
Presidential Residence, Colombo 3,
SRI LANKA
Fax: +941 333 703
2 Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3 Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 691 926
Fax HOME: +94-1-674-148
4 National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 694 925 / 673 806
Fax: +94 1 694 924
E-mail: sechrc@sltnet.lk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 22 August 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child concern/Torture/Arbitrary detention
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 a AHRC-HK, a member of the OMCT network, of the torture of two teenage boys and the fabrication of charges against them by Ankumbura Police in Sri Lanka.
Bandula Padma Kumara (14 years old) and Saman Kumara (17 years old) are brothers (address: c/o M.G. Karunawathie (Mother), Godahena, Dolaphihilla). Their parents are poor and their father works as a natamy (a workman carrying heavy loads for hire).
According to the information received, on 20 July, Bandula was arrested on suspicion of stealing a bunch of bananas. He was assaulted severely and kept in the police station for eight days. His mother went to the police station to see him but was not allowed in. Bandula's brother, Saman, was arrested while he was at home at about 7.00 pm on 22 July. He was kept at the police station with his younger brother until 28 July 2003. While at the police station, he was hung by his thumbs by the officer in charge of the police and his legs were pulled down by a police officer while he was in that position. Later, he was positioned in the manner known as Dharma Chakkara - tying of hands in a way to cover the knees, putting a poll between the two arms and turning the person while being beaten on the soles.
The boys were forced to admit to offences that they knew nothing about. Bandula has been implicated in 13 fabricated cases and Saman in 12 charges. On 28 July they were brought to the Magistrate and remanded in custody. They were only released on bail on 15 August.
The International Secretariat of OMCT strongly condemns the Ankumbura police officers’ acts of torture and fabrication of charges against Bandula Padma and Saman Kumara. 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.
OMCT urges that the matter be investigated immediately and the perpetrators be brought to justice. Furthermore, OMCT request that the fabrication of charges be investigated also, and the two young boys released from the charges which have been made falsely against them. 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))
Remarks
The earlier case of Chamila Bandara (Case LKA 130803.CC), who has now lost the use of his right arm after being tortured, happened at the same police station.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. order the immediate release of charges which have been made falsely against the boys;
ii. order a thorough and impartial investigation into the circumstances of their arrests and torture, and on other such acts allegedly undertaken at Ankumbura Police station, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. intervene with the proper authorities to ensure that adequate medical and psychosocial assistance is provided as a matter of urgency to the boys;
iv. guarantee that adequate reparation is provided to them and their family;
Addresses
1 Chandrika B. Kumaritunga
President
Presidential Residence, Colombo 3,
SRI LANKA
Fax: +941 333 703
2 Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3 Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 691 926
Fax HOME: +94-1-674-148
4 National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 694 925 / 673 806
Fax: +94 1 694 924
E-mail: sechrc@sltnet.lk
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 22 August 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.