SRI LANKA: Illegal arrest, detention and torture of an autistic child allegedly by some police officers acting under the direction of the OIC of Aluthgama Police Station

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal Case: AHRC UAC-003-2020

 20 July 2020

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SRI LANKA: Illegal arrest, detention, and torture of an autistic child allegedly by some police officers acting under the direction of the OIC of Aluthgama Police Station

ISSUES: Illegal arrest and detention 
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Dear Friends,

The Asian Human Rights Commission (AHRC) is bringing to your notice this case of illegal arrest and detention of an autistic child by the police officers attached to the Aluthgama Police Station.

CASE NARRATIVE:

The complainant is a 55-year-old single father, and sole caregiver to a son aged 16 years diagnosed as autistic. He works for a small grocery store and earns his wage on a daily basis. He lives alone with his son in a house for rent in Dharga Town. He makes this appeal as the guardian and on behalf of a minor who also is also diagnosed as autistic. Thariq is unable to speak and articulate his needs, and/or describe events with the use of language.

On or about 25th of May 2020, during the curfew, Thariq left home on a bicycle unknown to his father, as was his usual practice prior to the COVID-19 related restrictions. The restriction of movement was a strain on Thariq’s well being and he may have decided to ride his bicycle which was part of a usual routine.

At around 4.00 or 5.00 pm, while riding his bicycle, Thariq fell near a small fish stall situated directly opposite the police checkpoint at the Ambagaha Junction, Dharga Town. Several uniformed police officers believed to be attached to the Aluthgama Police Station and / or under the direction of the Officer in Charge of the Aluthgama Police Station approached Thariq, restrained him, forced him across the road, forcibly pushed him around, manhandled and assaulted him. Thariq’s hands were tied together using rope. The complainant also states that he noticed bruises, and injuries on Thariq’s face, hands and legs.

The complainant states he proceeded to the Aluthgama Police Station, with the intention of lodging a complaint against the police officers at the Ambagaha Handiya checkpoint. On arrival at the station, the complainant showed the police officers the bruises, wounds and/or injuries the police officers at the Ambagaha Handiya checkpoint had caused to his son’s body. Rather than recording the complaint, the police officers of the Aluthgama Police Station accused the complainant and Thariq of violating the law by leaving home during curfew, and once again threatened to put Thariq in lock up for purportedly violating curfew.
The complainant explained to the police officers that his son was autistic and that he was not conscious of nor comprehended movement restrictions in the form of curfew nor did he understand the gravity of context of the health crisis or pandemic. He also informed them that his son could not respond to questions at all, and that he was a patient. Thereafter, the police officers at the station had permitted the 1st Petitioner to make a statement to the police, and to take his son back home. The complainant states that the police officer taking down his statement did not assist him to understand what had been written down and merely required him to sign the statement. Thereafter they left the police station.

On the same day at around 10:00pm, the complainant together with his son, and a friend and neighbor by the name of Yatheer, met the Officer in Charge of the Aluthgama Police Station, at his request, at the Police Station. The complainant showed the OIC the bruises and injuries his son had sustained. The OIC asked the complainant what was expected of him, to which the complainant replied that he wanted action to be taken against the perpetrators who assaulted, harassed and illegally detained his son. The OIC had then asked them to return home, and promised to inform the complainant about this matter later.

On or about 26th of May 2020, a police officer arrived at the complainant’s residence in the afternoon and informed him that the Assistant Superintendent of Police (ASP) had requested a meeting with them. The complainant accompanied the said police officer to the Kalutara Office of the Superintendent of Police, met with the ASP and recorded a statement in his presence relating to the events of 25th of May 2020.

On or about the 27th of May 2020, the complainant admitted his son at the Kalutara-Nagoda General Hospital to obtain treatment for his injuries. However, they returned home on the same day, as it became increasingly difficult to keep Thariq at the hospital premises.

On or about 30th of May 2020, the complainant received a call from the ASP directing the complainant to have his son undergo a medical examination at the Kalutara-Nagoda General Hospital. They visited the Kalutara-Nagoda General Hospital on the same day, and a Judicial Medical Officer (JMO) examined his son. The JMO acted most unprofessionally and in a threatening manner by humiliating the complainant and his son and demeaning them by making religious or ethnically motivated discriminatory accusations. The JMO’s incendiary remarks included “Why did you bring the boy here? You should have taken him to Angoda! (National Mental Health Institution)”, “These people eat beef; and it is because of them that we have to cover our faces now.” (Insinuating that the complainant belongs to a race of people who are vectors of the COVID-19 virus), “We also saw how you fasted…”(insinuating that the obligatory religious practice of refraining from food and water during the day, during the month of Ramadan was not observed by the community that the complainant belonged to, believed to be meant as insult or discrediting of good faith).

The Police officers who had accompanied the complainant and his son to the hospital removed them from the vicinity of the JMO. They returned to the JMO’s office to obtain the 2nd Petitioner’s medical records. A neighbor who accompanied the complainant, who was outside the JMO’s room, overheard a conversation between the police officers and the JMO. During this conversation, the JMO informed the police officers that he would state that the boy had not taken his necessary medication (which was essential for his mental condition) for several years in his medical report, as that would purportedly justify the violence directed towards Thariq by the police officers. 
On the same day, the complainant was directed to Ward No. 27 and was referred to a psychiatrist, Dr. Basnayake, who was familiar with Thariq’s medical history, as he had treated him for several years.

The complainant also states that in Magistrate Court case bearing number B11290/20, which was purportedly investigating the incident of ill treatment of Thariq, the Women and Children’s Bureau of the Police made an application that Thariq be taken into the custody of the Probation Service on the basis that he is unsafe or cannot be adequately cared for by his father, the complainant. The Magistrate denied the application. The threat to the security, safety and well-being of Thariq in attempting to take him away from his father’s care is of serious concern.

Despite complaints being filed with the National Child Protection Authority, the Women and Children’s Bureau of the Sri Lanka Police, and the Human Rights Commission of Sri Lanka. as well as Thariq being examined by a Judicial Medical Officer, adequate measures have not been adopted to address such complaints. The complainant is aware from media reports that the three police officers involved in the incident on the 25th of May 2020 have had their service suspended. However, it appears that their services were not suspended for reasons of the complaint against them regarding their treatment of Thariq, but for the failure ‘to carry out their duties’ on that day. To date no disciplinary or criminal action has been instituted against the police officers who assaulted, harassed and illegally detained Thariq.

We urge you to send letters to Sri Lankan Authorities named below urging immediate inquiry into the matter and to prosecute the alleged perpetrators under CAT act of Sri Lanka, Act Number 22 of 1994. We also urged that the child victim and his family be provided with protection.

SUGGESTED ACTION:

The AHRC calls for quick and stringent action by the Sri Lankan authorities and intervene in this case promptly. The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

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