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SRI LANKA: Torture of a 15-year-old boy from Batuwatte by members of the police

November 16, 2006

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION –

16 November 2006
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UA-372-2006: SRI LANKA: Torture of a 15-year-old boy from Batuwatte by members of the police

SRI LANKA: torture; arbitrary detention; death threats; impunity; children's rights
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about the arbitrary and illegal detention and use of death threats and torture against a 15-year-old boy, Chamara Nuwansiri, from Batuwatte, Bangalawatte, by police officers in Balangoda. This reportedly took place following an attack on his family at their home by several people. The boy was detained at the Balangoda police station when he, his mother and two brothers went to the police station to lodge a complaint about the attack on their house. Police officers reportedly tortured him while he was in custody and forced him to confess to a theft that he had not committed. The boy has now been charged with the crime of theft based on this confession and has been released on bail. The boy was also threatened by the police not to talk about the assault after he was released.

On October 3 at around 10:15pm, several people from the Batuwatte area came to the house of Chamara Nuwansiri, a 15-year-old boy, in Batuwatte, Bangalawatte, and attacked his family, including his mother and two brothers. The father of the family, who is a soldier in the army, was not at home at that time. The people who attacked the family first attempted to set fire to Chamara’s mother, however they failed to do so. They then start assaulting Chamara. 

After the attackers had left, the family rushed to the Balangoda police station to lodge a complaint about the attack. As they were approaching the police station, Chamara saw the attackers talking with police officers at the station. At the police station, the family’s complaint was not received by the police and the family was ordered to go back home, but Chamara was told to stay.

Another person - known as “Chanaka” – is also alleged to have been with the attackers when they were talking with police officers at the police station. Chamara was brought to a room in the police station along with Chanaka and both were severely assaulted by police officers. The police officers accused both of them of stealing a purse of a person called “Samantha” and demanded that they reveal where it was.

Chamara, who reportedly did not steal the purse, was subjected to harsh interrogation as a result of which he admitted to stealing the purse because he could no longer tolerate the pain. Later on, Chamara and Chanaka were taken from the room where they had been interrogated to a place near the holding cells, they were forced to kneel on the floor with their hands handcuffed together for another three hours, after which time they were offered food. After the meal they were again handcuffed together and taken to a cell.

When Chamara made a request to use the toilet outside of the cell (which is more sanitary than the one in the cell), the police officers answered him with abusive language and accused him of attempting to escape. At this point, the police officers reportedly hit Chamara using their fists and rubber hose pipes and kicked him repeatedly. Chamara was not handcuffed to Chanaka while he was being assaulted by police officers, but was again handcuffed to him after the assaults.

Chamara's father, Mr. M. Bandusiri, went to the police station later on that day, along with Chamara’s mother, to attempt to have their son released, however they failed.

Chamara and Chanaka were detained in the cell until around 6:00pm the next day (October 4, 2006). They were then moved to a warehouse, where they spent the night. On October 5, both of them were handcuffed together again, and locked in a holding cell. At around 3:00 pm on the same day, Samantha and several other people came to the police station and threatened Chamara. The police officers also said, “Tell the truth. If you tell the truth you can go home right now”. Chamara however did not bend to these threats and kept stating that he had been assaulted by the police and handcuffed with Chanaka in the cell.

On October 6, the police took Chamara and Chanaka's fingerprints and then produced them before the Balangoda Magistrate’s Court. At the court, they were charged with committing theft. Chamara was released on bail later the same day and his parents were told to take him to the probation office.

On October 7, Chamara was suffering from health problems and was brought to the Balangoda government hospital by his parents. Chamara complained to the medical doctor about the torture he had been subjected to by the police officers. On that evening, a police officer came to the hospital to see Chamara and threatened him by saying, “Don’t you say the police hit you; come to the police station later and sort it out; or else, we will dispose of you”. On October 8, 2006, Chamara told the Judicial Medical Officer (JMO) and the hospital police that he had been tortured by the police when the police recorded his statement, and was examined by the JMO.

The AHRC strongly condemns the arbitrary and illegal detention and use of torture and death threats on 15-year-old Chamara Nuwansiri. The AHRC recalls that Sri Lanka is party to the United Nations Conventions on Torture and on the Rights of the Child. The Sri Lankan authorities are urged to immediately launch an investigation concerning these events, notably the arbitrary detention, torture and death threats to which Chamara Nuwansiri was subjected; to bring the perpetrators to justice and ensure that adequate reparation is provided to the victim, in line with international norms and standards.

SUGGESTED ACTION:
Please write a letter to the relevant Sri Lankan authorities to urge them to conduct immediate, effective and impartial inquiries into this case of arbitrary and illegal detention, torture and death threats by the police. Please also urge the authorities to ensure that those found responsible are brought to justice and that adequate reparation is provided to the victim.


Suggested letter:
 
Dear ________,

Sri Lanka: Torture of a 15-year-old boy from Batuwatte by members of the police


Name of victim: Chamara Nuwansiri, a 15-year-old from Batuwatte, Bangalawatte, Sri Lanka
Alleged perpetrator: Police officers of the Balangoda police station
Date of incident: 3-6 October 2006
Place of incidence: Balangoda Police station

I am writing to you to express my grave concern about the arbitrary and illegal detention and use of death threats and torture against a 15-year-old boy, Chamara Nuwansiri, from Batuwatte, Bangalawatte, by police officers in Balangoda. This reportedly took place following an attack on his family at their home by several people. The boy was detained at the Balangoda police station when he, his mother and two brothers went to the police station to lodge a complaint about the attack on their house. Police officers reportedly tortured him while he was in custody and forced him to confess to a theft that he had not committed. The boy has now been charged with the crime of theft based on this confession and has been released on bail. The boy was also threatened by the police not to talk about the assault after he was released.

On October 3 at around 10:15pm, several people from the Batuwatte area came to the house of Chamara Nuwansiri, a 15-year-old boy, in Batuwatte, Bangalawatte, and attacked his family, including his mother and two brothers. The father of the family, who is a soldier in the army, was not at home at that time. The people who attacked the family first attempted to set fire to Chamara’s mother, however they failed to do so. They then start assaulting Chamara. 

After the attackers had left, the family rushed to the Balangoda police station to lodge a complaint about the attack. As they were approaching the police station, Chamara saw the attackers talking with police officers at the station. At the police station, the family’s complaint was not received by the police and the family was ordered to go back home, but Chamara was told to stay.

Another person - known as “Chanaka” – is also alleged to have been with the attackers when they were talking with police officers at the police station. Chamara was brought to a room in the police station along with Chanaka and both were severely assaulted by police officers. The police officers accused both of them of stealing a purse of a person called “Samantha” and demanded that they reveal where it was.

Chamara, who reportedly did not steal the purse, was subjected to harsh interrogation as a result of which he admitted to stealing the purse because he could no longer tolerate the pain. Later on, Chamara and Chanaka were taken from the room where they had been interrogated to a place near the holding cells, they were forced to kneel on the floor with their hands handcuffed together for another three hours, after which time they were offered food. After the meal they were again handcuffed together and taken to a cell.

When Chamara made a request to use the toilet outside of the cell (which is more sanitary than the one in the cell), the police officers answered him with abusive language and accused him of attempting to escape. At this point, the police officers reportedly hit Chamara using their fists and rubber hose pipes and kicked him repeatedly. Chamara was not handcuffed to Chanaka while he was being assaulted by police officers, but was again handcuffed to him after the assaults.

Chamara's father, Mr. M. Bandusiri, went to the police station later on that day, along with Chamara’s mother, to attempt to have their son released, however they failed.

Chamara and Chanaka were detained in the cell until around 6:00 pm the next day (October 4, 2006). They were then moved to a warehouse, where they spent the night. On October 5, both of them were handcuffed together again, and locked in a holding cell. At around 3:00 pm on the same day, Samantha and several other people came to the police station and threatened Chamara. The police officers also said, “Tell the truth. If you tell the truth you can go home right now”. Chamara however did not bend to these threats and kept stating that he had been assaulted by the police and handcuffed with Chanaka in the cell.

On October 6, the police took Chamara and Chanaka's fingerprints and then produced them before the Balangoda Magistrate’s Court. At the court, they were charged with committing theft. Chamara was released on bail later the same day and his parents were told to take him to the probation office.

On October 7, Chamara was suffering from health problems and was brought to the Balangoda government hospital by his parents. Chamara complained to the medical doctor about the torture he had been subjected to by the police officers. On that evening, a police officer came to the hospital to see Chamara and threatened him by saying, “Don’t you say the police hit you; come to the police station later and sort it out; or else, we will dispose of you”. On October 8, 2006, Chamara told the Judicial Medical Officer (JMO) and the hospital police that he had been tortured by the police when the police recorded his statement, and was examined by the JMO.

I strongly condemn the arbitrary and illegal detention and use of torture and death threats on 15-year-old Chamara Nuwansiri. I recall that Sri Lanka is party to the United Nations Conventions on Torture and on the Rights of the Child. I urge the Sri Lankan authorities to immediately launch an investigation concerning these events, notably the arbitrary detention, torture and death threats to which Chamara Nuwansiri was subjected; to bring the perpetrators to justice and ensure that adequate reparation is provided to the victim, in line with international norms and standards.
 

Sincerely yours,


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SEND YOUR LETTER TO:

1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk

2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454

3. Mr. Mahinda Rajapaksa
Minister
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
Sri Lanka.
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk

4. Mr. Mahinda Samarasinghe, MP
Minister of Disaster Management and Human Rights
Ministry of Disaster Management and Human Rights
383,Bauddhaloka Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 390895, 384116

5. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

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

7. Secretary
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

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-372-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.