Sri Lanka : unlawful arrest and torture of two boys by police officers

Case LKA 160804.CC Torture/Illegal arrest/Harassment and pressure 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 unlawful arrest and the torture of two boys by police officers of the Ambalangoda police station, Sri Lanka. According to the information received, on 7 August 2004 at about 10:30 pm, police officers attached to the Ambalangoda Police station, in civilian clothes, arrested Mr. L.A.Pradeep Kumara, 14 years old, and Mr. Lakmal Chathuranga, 15 years old, alleging that they had stolen a gold chain. The police took the two children to the Ambalangoda Police station without any parent, whereas, according to the law, minors should be accompanied by their parents when taken into custody. At the police station the two children were reportedly stripped naked, blind folded and then brutally assaulted with wooden poles. Meanwhile the police threatened the parents that if they did not pay Rs.3000 the police would prosecute the two children and remand them for 14 days. The parents of both children without any alternative agreed to pay the amount. According to them they had to sign a statement that was written by the police. After that the police released the two boys on 9 August 2004. They were both severely bruised and suffering from contusions and depression. Their parents took them to the Balapitiya Government hospital where they were admitted and are presently receiving treatment in ward no.1. OMCT expresses its grave concern over this event. OMCT remains worried about the continuing problem of police violence and intimidation in Sri Lanka and calls the government to fight it by ending impunity. OMCT would like to recall Sri Lanka, as a state party, that under article 37 “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and “no child shall be deprived of his or her liberty unlawfully or arbitrarily”. Action requested Please write to the authorities in Sri Lanka urging them to: i. Take all necessary measures to ensure the physical and psychological integrity of Mr. L.A.Pradeep Kumara and Mr. Lakmal Chathuranga; ii. Order a thorough and impartial investigation into the circumstances of this event, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law; iii. Provide an adequate compensation and protection to the victims and their family; iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards. Addresses

• Ms. Chandrika Bandaranaike Kumaratunga, President, Democratic Socialist Republic of Sri Lanka, Presidential Secretariat, Colombo-1, Sri Lanka, Fax: +94 11 2 333 703


• Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net


• Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, SRI LANKA, Fax: +94 11 2 669 128 / 691 926, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk


• Dr. Radhika Coomaraswamy, Chairperson, National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road, Colombo 8, SRI LANKA, Tel: +94 11 2 694 925 / 673 806, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk


• Prof. Harendra De Silva, National Child Rights Authority, 330, Thalawathgoda Road, Madiwella, SRI LANKA, Tel: +94 11 2 778912/13/14, Fax: +94 11 2 778975, E-mail: ncpa@childprotection.gov.lk


• Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 381394/ 446174


• Mr. Theo C. van Boven, Special Rapporteur on the Question of Torture, OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneva 10, SWITZERLAND, Fax: +41 22 917 9016


• Committee on the Rights of the Child, c/o OHCHR ¨C UNOG, Palais Wilson, 1211 Geneva 10, SWITZERLAND, Fax: + 41 22 917 9022, E-mail: tb-petitions@ohchr.org

Please also write to the embassies of Sri Lanka in your respective country. Geneva, August 13th, 2004 Kindly inform us of any action undertaken quoting the code of this appeal in your reply.