Dear friends
The Asian Human Rights Commission (AHRC) has received information about the torture and false charges against a 15 year old boy in Sri Lanka. This is another example of brutal custom of torture and disregard for the rule of law in Sri Lanka. AHRC calls for your solidarity to pressure the local authorities to correct this matter immediately.
Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of victim: Nishantha Kumara, 15
Perpetrators: Four officers of Excise Station Bulathsinhala
Date of incident: 3 December 2003
Case details:
At 11:30 am on 3 December 2003, four officers from the Department of Excise came to Nishantha’s house in a cab. One officer called Nalaka was in uniform and the others were in civilian clothes. The victim can identify other three officers if they are produced before him.
At that time Nishantha was at home for lunch after working in the paddy field. The officers immediately handcuffed Nishantha and asked him whether he knew a person called Chute, who is an illicit liquor seller. The officers accompanied Nishantha to search for Chute, however they couldn’t find him. Then the officers took Nishantha to a near by forest, on the way there, the officers beat him. The officers put Nishantha’s hand on a stone and bruised it.
After that he was brought to his house again, at which time Nishantha’s father was also present. The officers then took both Nishantha and his father to the forest. They ordered Nishantha’s father to take the barrel to the place where their cab was parked. Then the officers forced Nishantha and his father to sign some forms, which he knew nothing about, even though they didn’t commit any crime. Nishantha’s aunt, who came to see him at that time, had to put her signature on the forms, too. After that, the officers threatened Nishantha that they will charge him of possession of illicit liquor and file a case against him if somebody did not come to certify the forms. The officers also threatened to take Nishantha’s aunt if they were unable to appear before the court.
On the same day Nishantha was admitted to the Government hospital of Pimbura. He was discharged after three days, although his hand has not yet healed. He has lodged a complaint about the incident to the police however the police have not taken any serious action to investigate this case.
Under Sri Lankan law, torture is a crime punishable by a mandatory minimum sentence of seven years in prison but it remains only in the books. So many cases of torture against even children by Sri Lankan state officials, especially police have been reported by human rights organizations, however not a single police officer has been yet convicted.
Sri Lanka is a State party to the Convention on the Rights of the Child, which is bound to the provision that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” (Art. 37 (a)). Furthermore, the Convention states that “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.” (Art. 37 (c)).
AHRC urges that this case be investigated immediately and the perpetrators be brought to justice. Furthermore, AHRC requests that the fabrication of charges be investigated also, and the victim released from the charges, which have been made falsely against him.
SUGGESTED ACTION:
Send a letter, fax or email to the local authorities and express your concern of this serious case.
1. Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
Fax HOME: +94 11 2 674148
4. Dr. Radhika Coomaraswamy
Director
National 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
5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: A 15 year old boy tortured by officers from the Department of Excise and falsely charged
Name of victim: Nishantha Kumara, 15
Perpetrators: Four officers of Excise Station Bulathsinhala
Date of incident: 3 December 2003
I am writing to protest against the torture and ill treatment of a 15 year old boy Nishantha Kumara.
The officers of Excise Station Bulathsinhala assaulted and tortured the victim even though he did not commit any crime. They took the boy to a near by forest and put his hand on a stone and bruised it. Moreover, they fabricated a case and made false charge against the victim.
This incident shows a type of cruelty which is so difficult to understand. During the last few months, I have also been informed of several other cases of torture against even children by Sri Lankan police and officers.
Despite of so many complaints of torture, the practice of torture continues with impunity. Sri Lanka is a signatory of all human rights conventions including the 'Declaration of the Rights of the Child (DRC). Unfortunately, laws such as Act No 22 of 1994 in Sri Lanka, which makes torture a crime punishable with serious consequences, remain only in the books. Merciless torture of the young for no reason at all makes a mockery of claim for rule of law.
I strongly urge you to take serious action on this case and bring the responsible persons to justice. I also urge you to investigate the fabrication of charges, and that the boy be released from the charge falsely made against him. I further urge the Sri Lankan authorities to take firm action, to bring the practice of torture by the perpetrators to justice under Sri Lankan law which prescribes a minimum of 7 year's imprisonment.
Torture is an all too common practice, which must be eradicated. Please take some genuine steps and strong action to stop torture. I look forward to hear of your intervention in this matter.
Yours faithfully
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
