Dear friends,
The Asian Human Rights Commission (AHRC) has received information that the police officers of the Kandy Headquarters Police Station detained three underage children in a police cell overnight without the attendance of either a woman police officer or a matron as prescribed by the Police Standing Orders. When Bro Anton Joe, who was in charge of the Home in which the children were living pointed this out to the officers they arrested him on a false charge and forced him to use the services of an attorney who charged exorbitant rates. This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
The Asian Human Rights Commission has received this report from Bro. Anton Joe Michel of the St. Josephs Boys Home, No: 332/1 George E De Silva Mawatha, Kandy. Bro. Anton Joe is the presently the person in charge of the Home and there are several dozen students under his care.
Most of the boys, but not all, are teenagers it was natural that things happen when these boys are playing with each other. They engage in adventure activities within the premises and occasionally minor injuries occur. Almost all the children have old and fresh healing wounds that are caused at the time when children play rough games.
On the evening of 14 March 2013 Bro. Anton Joe observed a quarrel taking place between some of the boys and on this particular occasion he advised the three boys to be more disciplined and to be silent. The three children involved were Lakshitha Dilusada Wijerathne (6 years old), Kanchana Lakmal (6 and half years old) and B. F. J. Ashan Madushanka (6 and half years old).
The following day while the children were studying in the school the teacher saw some marks on the hands of the children and reported the matter to the principal. Thereafter, the principal reported the incident to the Kandy Headquarters Police Station.
On 16 March, the police officers attached to the Women and Child Care Bureau of the Police Station obtained statements from the victims at around 10:00 am. Moreover, the police officers informed Bro. Anton Joe to come to Kandy Headquarters Police Station to record a statement regarding the incident. When he was entering the Women and Child Care Bureau he observed that the children were sitting quietly inside the office. After taking his statement the officers asked Bro. Anton Joe to bring dinner for the children. When he returned with the dinner at around 7.00 pm, he was surprised to see the children inside a police cell. Ashan Madushanka was sleeping and other two were awake and waiting for help without knowing that what was happening to them.
Bro. Anton Joe was appalled to see the children detained inside the police cell. He states that according to the law any child under 18 years of age cannot be detained at a police station without the presence of a woman police officer or a matron. He inquired from the on duty police officers about the reason of detaining the children and particularly as to why they were locked in a police cell. He further stressed to the officers that the children were not suspected of committing any crimes and therefore, could not be detained as criminals. When he asked about the availability of a woman police officer or matron he found that the officers had not thought to provide either.
On 17 March, when Bro. Anton Joe went to the police station at around 8:00 am with another Brother. They had to remain outside the office of the Women and Child Care Bureau until 9:00 am. When they were called inside Bro. Anton Joe questioned the officers as to the reason for keeping the children inside the police cell the previous night. He realised that the officers were angry about his questions and it was evident that they intended to take revenge against him. Later, Bro. Anton Joe learned that the police officers had visited the St. Josephs Boys Home and obtained statements from the other children.
After the police officers returned to the station they informed Bro. Anton Joe that he was now under arrest and forced him to contact Mr. Nanda Senanayake, Attorney at Law, by telephone for legal representation. When he did so, Mr. Senanayake informed him that he would represent him but that the cost will be high since it was a Sunday. Without informing Bro. Anton Joe where they were going the police officers took him along with the three children to the residence of the Acting Magistrate Mr. Upali Bopitiya. The acting Magistrate refused to grant bail and asked Bro. Anton Joe to make an application the following week.
Bro. Anton Joe remained in detention for 11 days and was finally released on bail on 27 March 2013 and the case is proceeding now at the Kandy Magistrate’s Court under Case No: B24512. The three children were sent to another Boys home under the care of the Probation Department.
Bro. Anton Joe states that police officers filed this case against him as he questioned them for illegally detaining the children, thus violating the departmental regulations. He believes that as he belongs to a minority community, being a Catholic, he has been discriminated by the police officers. He feels that growing contemporary anti-religious sentiments caused these problems as he runs this children’s home in the predominantly Buddhist society. He further states that the police officers violated the children’s rights by detaining them inside the police cell and that the children were innocent of any crime. By detaining them over night at the police station without the services of women police officers or matrons on duty they violated the Police Departmental Orders on detention. Bro. Anton Joe further states that when the police officers arrested him they insisted him to get the legal representation of a particular lawyer who acts in connivance with the officers. Bro. Anton Joe, states that he was illegally arrested, detained and maliciously prosecuted by the police officers and seeks justice.
SUGGESTED ACTION:
Please send a letter to the Sri Lankan authorities expressing your concern about this case and requesting an immediate investigation into the allegations of detaining three children inside the police cell thereby violating departmental regulations and illegally arresting and detaining and filing fabricated charges against a priest, by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.
Please note that the AHRC has also written a separate letter to the Chairperson of the United Nations Committee on the Rights of the Child on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Police arbitrarily detained three children overnight and a Christian priest for 11 days for challenging the detention of children
Name of the victim:
1. Lakshitha Dilusada Wijerathne, 6 years old
2. Kanchana Lakmal, 6 and half years old
3. B. F. J. Ashan Madushanka, 6 and half years old
All are residents of St. Joseph’s Boys Home in Kandy
4. Bro. Anton Joe Michel, In Charge of children at St. Joseph’s Boys Home in Kandy
Alleged perpetrator: Police officers attached to the Kandy Headquarters Police Station
Date of incident: 16 March 2013
Place of incident: Kandy Headquarters Police Division
I am writing to express his serious concern over the case of the illegal detention of three children and the false charges laid against Bro. Anton Joe Michel of the St. Josephs Boys Home, No: 332/1 George E De Silva Mawatha, Kandy. Bro. Anton Joe is the presently the person in charge of the Home and there are several dozen students under his care.
Most of the boys, but not all, are teenagers it was natural that things happen when these boys are playing with each other. They engage in adventure activities within the premises and occasionally minor injuries occur. Almost all the children have old and fresh healing wounds that are caused at the time when children play rough games.
On the evening of 14 March 2013 Bro. Anton Joe observed a quarrel taking place between some of the boys and on this particular occasion he advised the three boys to be more disciplined and to be silent. The three children involved were Lakshitha Dilusada Wijerathne (6 years old), Kanchana Lakmal (6 and half years old) and B. F. J. Ashan Madushanka (6 and half years old).
The following day while the children were studying in the school the teacher saw some marks on the hands of the children and reported the matter to the principal. Thereafter, the principal reported the incident to the Kandy Headquarters Police Station.
On 16 March, the police officers attached to the Women and Child Care Bureau of the Police Station obtained statements from the victims at around 10:00 am. Moreover, the police officers informed Bro. Anton Joe to come to Kandy Headquarters Police Station to record a statement regarding the incident. When he was entering the Women and Child Care Bureau he observed that the children were sitting quietly inside the office. After taking his statement the officers asked Bro. Anton Joe to bring dinner for the children. When he returned with the dinner at around 7.00 pm, he was surprised to see the children inside a police cell. Ashan Madushanka was sleeping and other two were awake and waiting for help without knowing that what was happening to them.
Bro. Anton Joe was appalled to see the children detained inside the police cell. He states that according to the law any child under 18 years of age cannot be detained at a police station without the presence of a woman police officer or a matron. He inquired from the police officers on duty about the reason of detaining the children and particularly as to why they were locked in a police cell. He further stressed to the officers that the children were not suspected of committing any crimes and therefore, could not be detained as criminals. When he asked about the availability of a woman police officer or matron he found that the officers had not thought to provide either.
On 17 March when Bro. Anton Joe went to the police station at around 8:00 am with another Brother. They had to remain outside the office of the Women and Child Care Bureau until 9:00 am. When they were called inside Bro. Anton Joe questioned the officers as to the reason for keeping the children inside the police cell the previous night. He realised that the officers were angry about his questions and it was evident that they intended to take revenge against him. Later, Bro. Anton Joe learned that the police officers had visited the St. Josephs Boys Home and obtained statements from the other children.
After the police officers returned to the station they informed Bro. Anton Joe that he was now under arrest and forced him to contact Mr. Nanda Senanayake, Attorney at Law, by telephone for legal representation. When he did so, Mr. Senanayake informed him that he would represent him but that the cost will be high since it was a Sunday. Without informing Bro. Anton Joe where they were going the police officers took him along with the three children to the residence of the Acting Magistrate Mr. Upali Bopitiya. The acting Magistrate refused to grant bail and asked Bro. Anton Joe to make an application the following week.
Bro. Anton Joe remained in detention for 11 days and was finally released on bail on 27 March 2013 and the case is proceeding now at the Kandy Magistrate’s Court under Case No: B24512. The three children were sent to another Boys home under the care of the Probation Department.
Bro. Anton Joe states that police officers filed this case against him as he questioned them for illegally detaining the children, thus violating the departmental regulations. He believes that as he belongs to a minority community, being a Catholic, he has been discriminated by the police officers. He feels that growing contemporary anti-religious sentiments caused these problems as he runs this children’s home in the predominantly Buddhist society. He further states that the police officers violated the children’s rights by detaining them inside the police cell and that the children were innocent of any crime. By detaining them over night at the police station without the services of women police officers or matrons on duty they violated the Police Departmental Orders on detention. Bro. Anton Joe further states that when the police officers arrested him they insisted him to get the legal representation of a particular lawyer who acts in connivance with the officers. Bro. Anton Joe, states that he was illegally arrested, detained and maliciously prosecuted by the police officers and seeks justice.
I therefore request your urgent intervention to ensure that the authorities to instigate an immediate investigation into the allegations of detaining three children inside the police cell thereby violating departmental regulations and illegally arresting and detaining and filing fabricated charges against a priest. I request the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palitha Fernando
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
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
