Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the assault of a 14-year-old boy by a local businessman, who forced the boy to work for him on 29 April 2006, and the subsequent appalling conduct of the local police.
On April 29, residents of the Hirana village noticed a young boy loitering near the village library. When they inquired about what he was doing, he said that he had been forced to work at a flower business owned by Thushara and had been mercilessly beaten. The boy had run away because he could not bear the beating anymore. The boy also told the residents that he had hidden a bottle of poison which he could take if he was apprehended and taken back to his employer, Thushara.
The concerned villagers took the boy to the Grama Seveka (village head) who immediately notified the relevant authorities, including the police hotline 199, Pandura police and the Childrens and Womens (C&W) Unit of the police. However, the Grama Seveka said that only the C&W Unit responded saying that they would send someone to speak with the boy. Accordingly, a policeman from the C&W arrived and recorded the boys statement. After taking the statement, several policemen from the Panadura police together with a woman from the alleged perpetrators household came to take the boy back. However, the officer of the C&W Unit stood firm and said that the boys statement had yet to be fully recorded.
The Panadura police failed to apprehend Thushara for more than a week. Then on May 8, Thushara handed himself over to the Panadura police via his lawyers and was produced before the Panadura Magistrate court the next day. However, during this time, the boy was detained at the police station (from April 29 to 9 May) where he slept on the station floor each night on a mat.
In court, in another attempt to secure the boy back, a woman working in collusion with Thushara appeared before the Magistrate as the boys aunt and requested the custody of the boy. The Magistrate, without even inquiring from the boy whether or not the woman was his aunt, requested the probation services to hand the boy over to this woman. However, some villagers who had all along closely monitored the welfare of the boy- stepped in and vigorously urged the probation officer not to release the boy. Unable to ignore the strong voice of these villagers the probation officer refused to hand the boy over. Currently, the boy is in the safety of a childrens home.
SUGGESTED ACTION:
Please write a letter to the relevant authorities listed below and urge them to immediately intervene in this matter. Speedy measures should be taken to investigate this entire case and stern legal action must be taken against the alleged perpetrators including the police who colluded with the perpetrator to further victimise the boy. Action should also be taken against the Magistrate for failing to properly identify the woman and carelessly handing custody of the boy to her.
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SAMPLE LETTER
Dear ________,
SRI LANKA: Police join abuser to further victimise 14-year-old boy
Name of victim: Name withheld
Names of alleged perpetrators:
1. Thushara, owner of a flower business
2. Panadura police
Date of incident: 29 April 2006
I am writing to you to express my deep concern regarding the brutal assault of a 14-year-old boy by a businessman, Thushara, who forced the boy to work for him and the subsequent conduct of the police upon being informed of this matter.
According to the information I have received, on April 29, residents of the Hirana village noticed a young boy loitering near the village library. When they inquired about what he was doing, he said that he had been forced to work at a flower business owned by Thushara and had been mercilessly beaten. The boy had run away because he could not bear the beating anymore. The boy also told the residents that he had hidden a bottle of poison which he could take if he was apprehended and taken back to his employer, Thushara.
The concerned villagers took the boy to the Grama Seveka (village head) who immediately notified the relevant authorities, including the police hotline 199, Pandura police and the Childrens and Womens (C&W) Unit of the police. However, the Grama Seveka said that only the C&W Unit responded saying that they would send someone to speak with the boy. Accordingly, a policeman from the C&W arrived and recorded the boys statement. After taking the statement, several policemen from the Panadura police together with a woman from the alleged perpetrators household came to take the boy. However, the officer of the C&W Unit stood firm and said that the boys statement had yet to be fully recorded.
The Panadura police failed to apprehend Thushara for more than a week. Then on May 8 Thushara handed himself over to the Panadura police via his lawyers and was produced before the Panadura Magistrate court the next day. However, during this time, the boy was detained at the police station (from April 29 to 9 May) where he slept on the station floor each night on a mat.
In court, in another attempt to secure the boy back, a woman working in collusion with Thushara appeared before the Magistrate as the boys aunt and requested the custody of the boy. The Magistrate, without even inquiring from the boy whether or not the woman was his aunt, requested the probation services to hand the boy over to this woman. However, some villagers who had all along closely monitored the welfare of the boy- stepped in and vigorously urged the probation officer not to release the boy. Unable to ignore the strong voice of these villagers the probation officer refused to hand the boy over. Currently, the boy is being kept in the safety of a childrens home.
In lighting of the above, I am calling on you to intervene in this matter. Speedy measures should be taken to investigate this entire case and stern legal action must be taken against the alleged perpetrators including the police who colluded with the perpetrator to further victimise the boy. The matter of the boy being detained at the police station for 10 days should also be investigated into. Action should also be taken against the Magistrate for failing to properly identify the woman and carelessly handing custody of the boy to her.
I trust your intervention will be forthcoming in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS 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 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
3. National Human Rights Commission
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. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
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. 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
7. 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
8. 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
9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
