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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-372-2006
ISSUES:

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.

 

 

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

SAMPLE 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 : Sri Lanka,