SRI LANKA: Fifteen-year-old child arrested by Rambadagalle Police on baseless suspicion

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Janith Chandeera a 15 year old and a year 10 student of Kavisigamuwa Sri Gamini Maha Vidyalaya was illegally arrested and subjected to degrading treatment by police officers attached to the Rambadagalle Police Station on 24 April 2011. Janith is a bright student and on this particular day had participated in several competitions in the New Year’s Celebration held in the village. Police officers arrested and questioned him while subjecting the child to degrading treatment on the theft of jewelry which happened at the same time. The next day the child was released without being charged. No inquiry has been made into the illegal arrest and degrading treatment. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received the mother of the complainant, Ms. Chandani Munasinghe (38) of Hunugalkadulla, Morathiha, Kurunegalle is married and mother of three children. Her elder son Janith Chandeera is 15 year old and a year 10 student of Kavisigamuwa Sri Gamini Maha Vidyalaya. 

On 24 April 2011 Janith went to participate in the New Year’s Ceremony held in the village. He left home at around 8.30 am from and returned at 2pm. When he came home he brought several awards that he had Ceremony where he has participated in several competitions. After sharing their happiness with the son Chandani went to the well to wash some of their clothes. 

Later her younger daughter came to her and informed that two police officers were at home and trying to arrest her brother. Then Chandani went home and inquired from the officers the reason for arrest. The officers replied that they were searching for gold jewelry that had been lost from a neighbouring house earlier that day. Chandani learned that they were from the Rambadagalle Police Station in Kurunegall which is the police station of the area. The officers searched the house without a warrant and when questioned replied that one girl in the house where the theft had taken place reported that she had seen her son walking along the road. Then Chandani pleaded with the officers not to do any harm to her child as he was innocent and at the time of the alleged theft had been participating in several competitions at the New Year’s Ceremony. To prove this she showed them the awards he had won. She further told the officers that after completing his events at the ceremony that he had came home. Rather than accept her explanation the officers warned Chandani several times that she was talking too much. 

After searching the house for several hours unsuccessfully the officers decided to leave but soon returned and arrested Janith. They brought him to the station by their motor bike. Chandani felt helpless but courageously went to the Rambadagalle Police Station where she found her child inside. 

At the police station, the officers brought Janith to a room where they threatened and verbally abused him with obscene language. Janith was mortally afraid and pleaded with the officers to release him repeatedly saying that he was innocent. The officers while questioning Janith subjected him to degrading treatment and continuously asked the whereabouts of the stolen jewelry. Janith repeatedly refused the charge and explained that he was in the New Year Celebration at the time of the theft. Following this Janith was put into a dark room where a female murder suspect was detained. 

Several hours later Janith was handed over to Chandani who was instructed to return with him the next morning at 9am. She duly went to the police station with her husband and Janith and reported to the Officer-in-Charge (OIC). However, before Chandani met the OIC one of the officers from the day before came to her and told that she was talking too much and warned her that she would face future consequences. Then the OIC talked to the family and informed them that the case was finished. 

After arresting and subjecting the child to degrading treatment and detention he was severely traumatised. When interviewed he said that he fears he will be rearrested without warning. At the same time Chandani and her family members are still in fear. As a result of his ordeal Chandani has observed that Janith cannot properly concentrate on his education and as the news of the arrest spread amongst the teachers and the fellow students Janith is embarrassed when facing them. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. 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 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

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