Sri Lanka
25.06.04
Urgent Interventions
Sri Lanka: unlawful arrest, detention and torture of a 17 year old boy by police officers
Case LKA 250604.CC
Child torture/Child unlawful arrest and 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the unlawful arrest, detention and severe torture of a 17 year old boy by police officers in Gurutalawa, Sri Lanka.
On 7 June 2004, six officers from the Panadura Police brutally arrested Moningal Akila Dilhara De Silva, a 17-year-old student of the St. Thomas College, Gurutalawa, for no apparent reason at his home. They accused him of the theft of one of his neighbours’ residence, precisely the home of police officer Prasanna Ginige. At the police station he was taken to the crimes branch and handcuffed while seated on the floor. Later he was assaulted on the face, head and back by some officers. Afterwards he was locked up in a cell, without any food to eat.
The following day, on 8 June, at about 1:00 am, sergeant Livera took him out of the cell and handcuffed his hand together while keeping one hand over his shoulder and the other behind. Throughout the day he was repeatedly taken out from the cell, threatened and tortured. Moningal Akila Dilhara De Silva was beaten several times, notably by sergeant Livera, with a rubber hose on the head, lower part of the stomach, backside, legs and toes. While he was beaten he was asked to confess what belongings he had stolen from Prasanna Ginige's residence.
He was later taken by car to Prasanna Ginige’s residence where he was threatened by police officers that he would be chased away from the village. Back to the police station, the victim was asked to sign a statement and put back into the cell.
On the morning of 9 June 2004 he was finger printed and further assaulted. At 8:00 pm he was kept in the cell and later was released after getting his mother to sign a statement. On 10 June 2004 the victim had pains all over his body and was bleeding from the nose, so he got admitted to the Kalubovila Government Hospital, he was examined by the J.M.O and discharged from the hospital on the following day.
OMCT expresses its grave concern over this event. OMCT would like to recall Sri Lanka, as a state party, that under article 37 (a) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment […]”.
Remarks
On 19 January 2004, the High Court of Colombo made the first conviction against a police inspector having perpetrated acts of torture, under the Prevention of Torture Act (CAT Act), Act No. 22 of 1994. The accused was sentenced to seven years rigorous imprisonment and a fine of 10,000 Rupees. OMCT and AHRC welcomes the High Court's decision as a progressive move to stop the practice of torture.
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 the victim;
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. guarantee that adequate reparation is provided to the victim;
iv. keep taking efforts to eliminate torture expediently;
v. 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
Hon. 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
Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174
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
Ambassador Prasad Kariyawasam
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in Geneva
Rue de Moillebeau 56
Case postale 436
1211 Genève 19
Tel. : +41 22 / 919 12 50
Fax : +41 22 / 734 90 84
E-mail : mission.srilanka@itu.int
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, June 25th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child torture/Child unlawful arrest and 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 the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the unlawful arrest, detention and severe torture of a 17 year old boy by police officers in Gurutalawa, Sri Lanka.
On 7 June 2004, six officers from the Panadura Police brutally arrested Moningal Akila Dilhara De Silva, a 17-year-old student of the St. Thomas College, Gurutalawa, for no apparent reason at his home. They accused him of the theft of one of his neighbours’ residence, precisely the home of police officer Prasanna Ginige. At the police station he was taken to the crimes branch and handcuffed while seated on the floor. Later he was assaulted on the face, head and back by some officers. Afterwards he was locked up in a cell, without any food to eat.
The following day, on 8 June, at about 1:00 am, sergeant Livera took him out of the cell and handcuffed his hand together while keeping one hand over his shoulder and the other behind. Throughout the day he was repeatedly taken out from the cell, threatened and tortured. Moningal Akila Dilhara De Silva was beaten several times, notably by sergeant Livera, with a rubber hose on the head, lower part of the stomach, backside, legs and toes. While he was beaten he was asked to confess what belongings he had stolen from Prasanna Ginige's residence.
He was later taken by car to Prasanna Ginige’s residence where he was threatened by police officers that he would be chased away from the village. Back to the police station, the victim was asked to sign a statement and put back into the cell.
On the morning of 9 June 2004 he was finger printed and further assaulted. At 8:00 pm he was kept in the cell and later was released after getting his mother to sign a statement. On 10 June 2004 the victim had pains all over his body and was bleeding from the nose, so he got admitted to the Kalubovila Government Hospital, he was examined by the J.M.O and discharged from the hospital on the following day.
OMCT expresses its grave concern over this event. OMCT would like to recall Sri Lanka, as a state party, that under article 37 (a) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment […]”.
Remarks
On 19 January 2004, the High Court of Colombo made the first conviction against a police inspector having perpetrated acts of torture, under the Prevention of Torture Act (CAT Act), Act No. 22 of 1994. The accused was sentenced to seven years rigorous imprisonment and a fine of 10,000 Rupees. OMCT and AHRC welcomes the High Court's decision as a progressive move to stop the practice of torture.
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 the victim;
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. guarantee that adequate reparation is provided to the victim;
iv. keep taking efforts to eliminate torture expediently;
v. 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
Hon. 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
Inspector General of Police (IGP)
New Secretariat
Colombo 1,
SRI LANKA
Fax: +94 11 2 381394/ 446174
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
Ambassador Prasad Kariyawasam
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in Geneva
Rue de Moillebeau 56
Case postale 436
1211 Genève 19
Tel. : +41 22 / 919 12 50
Fax : +41 22 / 734 90 84
E-mail : mission.srilanka@itu.int
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, June 25th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.