SRI LANKA: Military must investigate the sexual abuse of young boys by senior students at the Rantambe Military Camp

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-036-2017
ISSUES: Administration of justice, Child rights, Impunity, Police negligence, Right to fair trial, Right to redress, Right to remedy, Victims assistance & protection,

Dear Friends,

According to information received by the Asian Human Rights Commission (AHRC), a 15 year old, boy Z, was sexually abused at the Rantambe Military Camp between 16th-23rd February 2017. This is the 3rd individual case out of ten boys who were abused. A group of 23 male students from the Pilawela Maha Vidiyalaya, Pilawela, Kundasale School in the Kandy District, participated in a training program organized by the Military Camp. Returning home after training, the boy shared with his parents that he was sexually abused and video-graphed at the scene. Although the parents made formal complaints to the Principal, and the OICs of the Wattegama and Hasalaka Police Stations, a proper investigation has not been carried out. Sometime later, the students responsible for the attack were arrested and produced before the Mahiyanganaya Magistrate’s Court. And the police again failed to submit the proper evidence leading to their release on bail. The parents state that they have been DENIED JUSTICE. 

CASE NARRATIVE:

According to information received by the Asian Human Rights Commission (AHRC), Mr. W.A.N Wickramaarchchi of No: 119/1/A, Dimbulagawatenna, Manikhinna in Kandy District is married to Ms. K.D. Wasantha Malini. They have a fifteen-year boy born on 11 November 2002.

Presently their son is studying at the Pilawela Maha Vidiyalaya, Pilawela School, Kundasale in the Kandy District. The name of the child is withheld for obvious reasons and we will refer to him as Boy Z.

Boy Z, was participating in the Cadet Program in school as one of his extra-curricular activities. There were a few dozen boys taking part in this special program. Cadet Master, Captain Samatha Perera, brought the 23 boys to the Rantambe Army Camp for the Cadet Training Program. It was held from 16th to the 23rd of February 2017.

Once they returned home on 24th February 2017, Boy Z, reported what happened to his parents. During the training period he, along with 10 other students, were all sexually abused by 3 three senior students of their school. They were named as Fonseka, Janith and Banda. He also said that these three senior students video- graphed scenes while they were sexually abusing the boys.

According to Boy Z, during the cadet training program, 10 students were subjected to inhumane treatment and torture as they tried to hit back at their seniors’ illegal behavior. They were tied to a bed, stripped naked, their private parts were joked about and they were ASSAULTED with cups and sticks. They were given only a little food by the 3 senior students. It was mixed with human spittle!

On 27th February, several parents of the victims went to see the Principal of the school, Mrs. Udeni Dunuwila. She said that she could not do anything about the incident. She was not responsible for the attacks. Boy Z’s parents called No: 11, the police emergency telephone service. Police officers of Wattegama Police Station arrived. Victims and suspects were all taken to the Wattegama Police Station. The video recording was viewed by the police and statements were taken down from suspects and victims. All victims were taken to the Manikhinna Government Hospital. They were NOT physically examined but merely questioned and sent home.

The suspects were held at the Wattegama Police Station. Parents of the victims were asked to go to the Hasalaka Police Station as the incident happened in that police division.

On 28th February, parents met the Officer-in-Charge (OIC) of the Hasalaka Police Station, and verbally made a complaint to him. The OIC laughed at them. He said “these are minor matters, don’t worry” and only recorded the names of the suspects and the victims. They were then asked to return home.

Later they learned that officers of the other Police Station at Wattegama had taken steps to produce the 3 suspects before the Mahiyangana Magistrate’s Court. But they did not take the proper steps when submitting the necessary evidence and the findings of their investigations. Of particular note, is the fact that they failed to inform the Magistrate about the video recording of the sexual abuse. No mention was made of the illegal behavior which is a punishable crime under the Sri Lankan Penal Code. Considering the MEAGER facts submitted by the Police, the Magistrate had to release the suspected students on bail. According to the victims’ parents, the officers handling the case MISLEAD the Magistrate. They told the Judge that, as investigating police officers, THEY considered this matter to be a joke carried out by senior students on junior students.

The victims’ state that the Principal of the school, Mrs. Udeni Dunuwila, and the Cadet Master, Captain Samantha Perera turned a blind eye to the incident. Police officers said it was only a joke. However, the parents strongly protested their unsympathetic attitudes. They said the ISSUE was that their children were sexually abused for 6 days and treated callously. 

The parents of the abused children made a complaint to the Commander of the Rantambe Military Camp and requested to commence an immediate inquiry into the incident. Further, they have requested to take all the collective measures to prevent any such incidents in the future. However, the parents have no indication of any action taken up by the military authorities in this regard. 

On 2nd March, the incident was reported in the national media, in the highest circulated newspaper on the Island, “Lankadeepa”. Even in that news report it was erroneously stated that the school Principal telephoned the police emergency service No: 119. Victims’ stated that the facts given were inaccurate. Both law enforcement agencies AND the media are trying to protect the culprits and those officers who subverted the law. WHY?

The young boys, victims, are demanding justice for the indignities perpetrated on them. They are asking for a prompt, effective, impartial, and independent investigation into the crime.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case. Request an immediate inquiry into the allegations of not investigating the crime of sexual abuse by the Police. Demand prosecution of those proven to be responsible under our criminal law system. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.

The AHRC will also write a separate letter to the Chairman of the UN Child Rights Committee in this regard.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

SRI LANKA: Military must investigate the sexual abuse of young boys by senior students at the Rantambe Military Camp 

Names of Victims: 
1) Mr. W.A.N Wickramaarchchi of No: 119/1/A, Dimbulagawatenna, Manikhinna in Kandy District,
2) Ms. K.D. Wasantha Malini
3) and their 15 year old child 

Alleged perpetrators: Fonseka, Janith, Banda–3 Senior School Students; Cadet Master, Captain Samantha Perera; Officers attached to the Wattegama and Hasalaka Police Stations; Mrs. Udeni Dunuwila, Principal of Pilawela Maha Vidiyalaya, Pilawela School, Kundasale, Kandy District.
Dates of incidents: 16th- 23rd February 2017 

Places of incidents: Rantambe Military Camp; Hasalaka and Wattegama Police Stations

According to the information I have received, Mr. W.A.N Wickramaarchchi of No: 119/1/A, Dimbulagawatenna, Manikhinna in Kandy District is married to Ms. K.D. Wasantha Malini. They have a fifteen-year boy born on 11 November 2002.

Presently their son is studying at the Pilawela Maha Vidiyalaya, Pilawela School, Kundasale in the Kandy District. The name of the child is withheld for obvious reasons and we will refer to him as Boy Z.

Boy Z, was participating in the Cadet Program in school as one of his extra-curricular activities. There were a few dozen boys taking part in this special program. Cadet Master, Captain Samatha Perera, brought the 23 boys to the Rantambe Army Camp for the Cadet Training Program. It was held from 16th to the 23rd of February 2017.

Once they returned home on 24th February 2017, Boy Z, reported what happened to his parents. During the training period he, along with 10 other students, were all sexually abused by 3 three senior students of their school. They were named as Fonseka, Janith and Banda. He also said that these three senior students video- graphed scenes while they were sexually abusing the boys.

According to Boy Z, during the cadet training program, 10 students were subjected to inhumane treatment and torture as they tried to hit back at their seniors’ illegal behavior. They were tied to a bed, stripped naked, their private parts were joked about and they were ASSAULTED with cups and sticks. They were given only a little food by the 3 senior students. It was mixed with human spittle!

On 27th February, several parents of the victims went to see the Principal of the school, Mrs. Udeni Dunuwila. She said that she could not do anything about the incident. She was not responsible for the attacks. Boy Z’s parents called No: 11, the police emergency telephone service. Police officers of Wattegama Police Station arrived. Victims and suspects were all taken to the Wattegama Police Station. The video recording was viewed by the police and statements were taken down from suspects and victims. All victims were taken to the Manikhinna Government Hospital. They were NOT physically examined but merely questioned and sent home.

The suspects were held at the Wattegama Police Station. Parents of the victims were asked to go to the Hasalaka Police Station as the incident happened in that police division.

On 28th February, parents met the Officer-in-Charge (OIC) of the Hasalaka Police Station, and verbally made a complaint to him. The OIC laughed at them. He said “these are minor matters, don’t worry” and only recorded the names of the suspects and the victims. They were then asked to return home.

Later they learned that officers of the other Police Station at Wattegama had taken steps to produce the 3 suspects before the Mahiyangana Magistrate’s Court. But they did not take the proper steps when submitting the necessary evidence and the findings of their investigations. Of particular note, is the fact that they failed to inform the Magistrate about the video recording of the sexual abuse. No mention was made of the illegal behavior which is a punishable crime under the Sri Lankan Penal Code. Considering the MEAGER facts submitted by the Police, the Magistrate had to release the suspected students on bail. According to the victims’ parents, the officers handling the case MISLEAD the Magistrate. They told the Judge that, as investigating police officers, THEY considered this matter to be a joke carried out by senior students on junior students.

The victims’ state that the Principal of the school, Mrs. Udeni Dunuwila, and the Cadet Master, Captain Samantha Perera turned a blind eye to the incident. Police officers said it was only a joke. However, the parents strongly protested their unsympathetic attitudes. They said the ISSUE was that their children were sexually abused for 6 days and treated callously. 

The parents of the abused children made a complaint to the Commander of the Rantambe Military Camp and requested to commence an immediate inquiry into the incident. Further, they have requested to take all the collective measures to prevent any such incidents in the future. However, the parents have no indication of any action taken up by the military authorities in this regard. 

On 2nd March, the incident was reported in the national media, in the highest circulated newspaper on the Island, “Lankadeepa”. Even in that news report it was erroneously stated that the school Principal telephoned the police emergency service No: 119. Victims’ stated that the facts given were inaccurate. Both law enforcement agencies AND the media are trying to protect the culprits and those officers who subverted the law. WHY?

I therefore, request your intervention with the authorities listed below. Ensure that an immediate investigation is made into the allegations of sexual abuse not being investigated by the Police. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.

Yours Sincerely,
——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police
New Secretariat, Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
National Police Commission 
3rd Floor, Rotunda Towers 
109 Galle Road 
Colombo 03 
SRI LANKA 
Tel: +94 11 2 395310 
Fax: +94 11 2 395867 
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary 
Human Rights Commission 
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

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)