UPDATE (Sri Lanka): Mother of tortured boy forced to sign suspect document

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-113-2006
ISSUES: Child rights,

Dear friends,

In August 2004 the Asian Human Rights Commission (AHRC) wrote detailing the torture of two boys by officers from the Ambalangoda police. The officers initially arrested the boys for allegedly stealing a gold chain, and later threatened the boys’ parents with prosecution if they did not pay them Rs. 3000. In the meantime the police beat the boys to such an extent that both were hospitalised on their release. In the latest development, the mother of one of the boys was asked to present herself before the Ambalangoda police on 23 May 2006. On arriving there, the mother was forced to sign a document, without seeing its contents, which she believes authorised the police to withdraw the complaint filed on behalf of her son against the police. The mother is adamant, however, that she wishes to pursue the complaint and bring justice to those who tortured her son.

On 7 August 2004 around 10pm, subsequent to a neighbour accusing him of stealing a chain, a police jeep arrived at the 15-year-old victim’s home. Three policemen alighted and forced the victim and his mother into the vehicle. A friend (also a minor) was also taken. At the station a person in civvies escorted the victim into a backroom while the friend was taken into an adjoining room. The victim was instructed to lie on a bench in the room before a policeman took a heavy club and assaulted him on the soles of his feet. Apparently they did the same to the friend. Some time later the friend was brought to the victim’s room and both boys were forced to walk up and down the room. This was excruciatingly painful for the boys.

Early the following morning another policeman in civvies took them into another room and threatened them to admit stealing the chain. Both boys swore they did not steal the chain. The policeman then brought a heavy pole and told the victim to come closer to the table. He then told the victim to hold on to the table and beat him four to five times on his buttocks; notwithstanding the victim’s screams of pain. Thereafter, the policemen forced the teenage boys to jump up and down holding their ears. It was only when the victim was about to faint that he was told to stop. And all this happened whilst his poor mother watched on helplessly.

But the torture was not over. About half an hour later the victim was taken to the first floor. Another policeman in civvies removed his clothes, blindfolded him and held him firmly while another brutally assaulted him and kicked him with boots. At about 8.00am the people who had accused him of theft arrived at the station. At the time, the Officer-In-Charge (OIC)-Crimes was also present. He hit the victim and asked him whether he would like to settle the matter by payment of money. The mother was desperate to save her son further agony but she did not have any money to give. The OIC then ordered her to bring Rs. 2000 on August  25 and told the friend to bring Rs. 1000. He also threatened that if they did not pay he would “smash their heads”. At approximately 12.30pm they were released.

The two boys were severely injured and had to be warded for several days at the Balapitiya hospital, where they complained about the police assault. Later the police too visited them and recorded their statement. A few days later the Ambalangoda police visited the areas and threatened both the victim’s and the friend’s families regarding their complaints.

Consequently with the help of Janasansadaya, the victim and his mother complained to the Inspector General of Police (IGP), the National Police Commission, the Human Rights Commission (HRC), the Attorney General and others. Later the HRC began an inquiry into the incident and apparently the IGP referred the case to be investigated by the Special Investigations Unit (SIU) whose officers had visited the victim’s home and recorded several statements.

With close to two years having now passed, justice has yet to be brought to this case. In fact, in the latest development, the victim’s mother received a letter requesting her to present herself to the Ambalangoda police and accordingly on 23 May 2006 she obliged. When she arrived, a policeman named Abeykoon inquired whether she had withdrawn her complaint against the police. She said no. He then produced a certain document and forced her to sign below its contents. As the victim’s mother was unable to read the contents and also because it was not read out to her she refused to sign. However, the police threatened her to do so and due to fear of being harmed she eventually signed.  Later she heard the policeman telling his friends, “there won’t be any case now”.

The mother strongly believes she was maliciously and fraudulently forced into signing the withdrawal of her case. But she is adamant that she does not want to withdraw the case against the police but instead wants justice achieved for her son. To date, as far as she is aware, her son has never been charged for an offence by the Ambalangoda police.

SUGGESTED ACTION:

Please write a letter to the authorities listed below seeking their intervention in bringing justice to this case. Please ask that an investigation be launched into the document signed by the mother, and if it gave her authority to withdraw the charges, then this should be dismissed as she was unaware of the document’s contents and was forced to sign it. After reinstating the charges, an investigation should also be launched into the torture incident itself and those responsible must be identified.

 

 

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

SAMPLE LETTER

Dear _______________,

SRI LANKA: Mother of tortured boy forced to sign suspect document

Name of victim: Name withheld as he is a minor
Name of alleged perpetrators: The Ambalangoda police
Date of incident: 7 August 2004

I write with great concern regarding the conduct of members of the Ambalangoda police in first, allegedly torturing two boys, and then second, forcing the mother of one of the victim’s into withdrawing charges laid against them.

I am aware that on 7 August 2004 the victim and his friend (who were 15 and 14 respectively at the time of the incident) were accused of and arrested by the Ambalangoda police for stealing a gold chain. When the boys maintained their innocence, the police took them into custody and proceeded to brutally beat them. They boys were detained at the police station overnight and their parents later threatened with prosecution if they did not pay them Rs. 3000.

Upon release the two boys were warded for several days at the Balapitiya hospital, where they complained about the police assault. Later the police visited them and recorded their statement. A few days later the Ambalangoda police visited and threatened both the victim’s and the friend’s families regarding their complaints.

Accordingly, the victim and his mother complained to the Inspector General of Police (IGP), the National Police Commission, the Human Rights Commission (HRC), the Attorney General and others. Later the HRC began an inquiry into the incident and apparently the IGP referred the case to be investigated by the Special Investigations Unit (SIU) whose officers had visited the victim’s home and recorded several statements.

However, with close to two years having now passed, justice has yet to be brought to this case. In fact, in the latest development, the victim’s mother received a letter requesting her to present herself to the Ambalangoda police and accordingly on 23 May 2006 she obliged. When she arrived, a policeman named Abeykoon inquired whether she had withdrawn her complaint against the police. She said no. He then produced a document and forced her to sign below its contents. As the victim’s mother was unable to read the contents and also because it was not read out to her she refused to sign. However, the police threatened her to do so and due to fear of being harmed she eventually signed.  Later she heard the policeman telling his friends; “there won’t be any case now”.

The mother strongly believes she was maliciously and fraudulently forced into signing the withdrawal of her case. But she is adamant that she does not want to withdraw the case against the police but instead wants justice achieved for her son. To date, as far as she is aware, her son has never been charged for an offence by the Ambalangoda police.

Owing to the appalling and unlawful treatment of the victim, I ask for your intervention. I urge that an investigation be launched into the document signed by the mother, and if it gave her authority to withdraw the charges, then this should be dismissed as she was unaware of the document’s contents and was forced to sign it. After reinstating the charges, an investigation should also be launched into the torture incident itself and those responsible must be identified.

As stated, two years have now passed since the incident and yet no progress has been made. The victim and his family should not have to wait any longer. I therefore await your intervention.

Yours sincerely
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PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Chandra Fernando
Inspector General of Police 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

3. 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

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. 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: polcom@sltnet.lk

6. 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 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

7. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption 
36, Malalasekera Mawatha 
Colombo 07 
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045

8. Dr. Hiranthi Wijemanne
National Child Protection Authority 
330, Thalawathgoda Road 
Madiwella 
SRI LANKA
Tel: +94 11 2 778912/13/14 
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

9. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2  551 333
E-mail: colombo@unicef.org 

10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022

11. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : UP-113-2006
Countries : Sri Lanka,
Issues : Child rights,