SRI LANKA: Torture of 14 year old child by police officers 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-50-2003
ISSUES: Arbitrary arrest & detention, Torture,

Dear friends

Victim: Dawundage Pushpakumara (14 years old)

Address of victim: 21 Mile Post, Ranavarapitiya Rd, Saliyawewa Junction, Putlam

Perpetrators: Officer In Charge and other officers of Saliyawewa Police Post in Putlam

Period of detention and torture: from 1 September to 2 September 2003

DETAILED INFORMATION

At around 10:30pm on 1 September 2003, about six police officers from the Saliyawewa Police Post in Putlam, dressed in civilian clothes, came to Pushpakumara¡¦s sister¡¦s house and threatened to shoot their cousin if Pushpakumara did not go with them. They grabbed his neck and pushed him into their van, where Pushpakumara saw four bottles of liquor. According to Nisantha (Pushpakumara’s cousin), police officers went to Puspakumara’s house from the house of one Jayathilaka where they had drank liquor and threatened to shoot Nisantha if he did not show them Pushpakumara’s house.

Inside the van several police officers assaulted Pushpakumara, telling him to confess to stealing a chain. They took him to Saliyawewa Police Post and threw him into a cell. Then they tied his hands behind him and hung him on a beam, where the Officer in Charge and several others assaulted him. Then they put him in a room full of ants with his hands still tied.

When his parents went to police station to see their son, they saw Pushpakumara hanging on a beam with his hands tied behind him with a fiber cord. His mother asked an officer to see her son, but a police officer told her that the OIC was not in the police post and to come the next day. Meanwhile about ten to fifteen persons claiming to be the owners of the chain came to the police station and threatened to get the police to harm her son if he did not return the chain. The police officers did not react to any of the threats.

The next morning (2 September) his mother and sister were allowed to speak to Pushpakumara and he showed them his hands (which had deep wounds), legs (ant bites), head and chest as places where they assaulted him. He added, “It is good that you came last night, otherwise I would have been killed.” The OIC asked Pushpakumara whether he took the chain and he said no. Then the OIC allowed him to go home with the mother. After Pushpakumara went back home, he complained of headaches and fainted. The next morning the General Hospital of Putlam admitted him.

On 5 September the police officers told the mother and sister that Pushpakumara was not a thief and the real culprit had been arrested. The police officer told them to remove Pushpakumara from the hospital and asked the supposed owner of the chain to give one thousand rupees to the mother. Then two police officers and the owner of the chain took the mother and sister to the General Hospital, Putlam at about 7-8pm, but police had forced Pushpakumara had been forced to leave the hospital.

Pushpakumara fell very ill at home and the next day a person told him the thief was going to be released and that Pushpakumara would be arrested, so he should go back to the hospital. However, due to police pressure the hospital would not admit him.

Attempts to get help from the child welfare office also failed for their fear of the police. A human rights organization reached the family and tried to take the child to a hospital outside the area. Meanwhile the Child Rights Authority, which was informed of the situation took Pushpakumara to a hospital in Colombo where he was treated. Now the family is under severe pressure from the police to stop perusing complaints against the police officials.

SUGGESTED ACTION:

Please send a letter, fax or e-mail to the addresses below expressing your concern about this serious case.

1 Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 1 2 682905
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 1 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 2 691 926
Fax HOME: +941 2 674148

4. National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 2 694 925 / 673 806
Fax: +94 1 2 694 924
E-mail: sechrc@sltnet.lk

5. 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
E-mail: secrt.hchr@unog.ch

and at:
International Relations
Maastricht University
The Netherlands
Tel: 31-43-3883233 (Assistant: Chantal Kuipers)
E-mail: th.vanboven@ir.unimaas.nl

 

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

SAMPLE LETTER

Dear

RE: Torture of 14-year-old child by police officers

Victim: Dawundage Pushpakumara (14 years old)

Perpetrators: Officer In Charge and other officers of Saliyawewa Police Post in Putlam

Period of detention and torture: at about 10:30pm on 01 September 2003

I'm writing to bring to your urgent attention the illegal arrest and torture of Dawundage Pushpakumara, 14 year old boy.

Dawundage Pushpakumara was arrested by six police officers from the Saliyawewa Police Post in Putlam on suspicion of theft on 1 September 2003. However, the police do not have any evidence that proved his involvement of theft. After he was taken to the the Saliyawewa Police Post, the officer in charge and other police officers severely assaulted and tortued him until the next day. He was released from the police post on 2 September 2003 and On 5 September the police officers told the mother and sister that Pushpakumara was not a thief and the real culprit had been arrested. He had been complaining of headaches and fainted after he came back home. However, he had difficulty accessing medical treatment due to the pressure from the police. In addition, the family is under severe pressure from the police to stop persuing complaints against the police officials.

I urge you to conduct immediate and impartial investigation on this serious case and to bring the responsible person(s) before court as soon as possible. I also urge you to fully assist him in accessing medical treatment. I further urge the Sri Lankan government to compensate Pushpakumara and his family according to international law.


The IGP, after discussions with the National Police Commission (NPC) and the Human Rights Commission of Sri Lanka has issued a circular a week ago stating that all officers the rank of O.I.C and above will be held responsible for torture and custodial deaths of caused by the police. I urge all relevant agencies to honor their commitments. 

Thank you.

Sincerely yours,


--------------------------

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-50-2003
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Torture,