SRI LANKA: A 11-year-old boy tortured by Kahawatte police and a ward of Children’s Home in Pannipitiya 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of the torture of an 11-year-old Gayan Sanjeewa Bandara by the Kahawatte police on 11 June 2005. The police arrested the boy suspecting him being involved in a theft. However, even if he did steal the money, the police have no right to torture the boy. We were also informed that the boy was sexually harassed by the police. In addition, Gayan was tortured by a ward at a Children’s Home in Pannipitiya, where he was detained later.  He was released on bail and currently stays with his parents. He was asked to appear in Palmadulla court on 28 July 2005.

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. Please urge them to take necessary action against the responsible police officers and the ward of the Children’s Home in Pannipitiya under the CAT Act No. 22 of 1994.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Gayan Sanjeewa Bandara, 11 years old, student of Dharmaloka Vidiyalaya
Address of the victim: Dharmapala Mawatha,Pitiyawatte, Palmadulla
Alleged perpetrators:
1. Some officers attached to the Kahawatte Police Station
2. A warden of Children’s Home in Pannipitiya under Child Protection Authority
Date of incident: 11 June 2005 (at the police station) and around 15-27 June 2005 (at the children’s home)
Place of incident: Kahawatte Police Station and Children’s Home in Pannipitiya

Case details:

On 10 June 2005 at about 10:00pm, two policemen from the Kahawatte Police Station came to the house of Gayan Sanjeewa Bandara and asked for him. When his parents asked the reason, the policemen told them that they were looking for Gayan because he had stolen some money. Gayan’s father told them that it cannot be. However, the policemen scolded him and told him to bring his son to the police station on the following day.

The next day (June 11), Gayan’s mother took his son to the Kahawatte Police Station as instructed by the police. The Officer-in-Charge (OIC) Ratnayake ordered Gayan to come closer to him and asked for the money. When Gayan gave him Rs 2,000 (USD 20) from his pocket, the OIC put the money in his drawer and ordered Gayan to sit on the floor. He also told Gayan’s mother to leave the police station.

According to Gayan, two officers of the crime branch, wearing civil clothes, took him to a room and beat his back and feet with a wooden stick. He was in severe pain due to the assault. Especially, his thumb of the right hand was badly injured. Later on the same day, the police stripped Gayan and sexually harassed him by squeezing his private parts. After that, the police tied his legs and beat him again and again.

In the meantime, the police forced him to write a statement about all the thefts or other crimes he committed previously. However, according to Gayan, he did not write anything. Then the police prepared the confession statement and ordered him to sign and he did so out of fear. He was kept in the police station that night.

On June 12, Gayan was produced in Palmadulla court and was taken to the Balangoda remand prison. He was not given any food that day. On June 13, he was again produced in court and the judge ordered to send him in Kuruwita prison where he was detained for two days. After that, he was sent to a Children’s Home in Pannipitiya where he was detained for 14 days. Gayan said that he was beaten by a warden again while in the children’s home. He still has the marks caused by the assault on his body.

Gayan was later released on bail and stays with his parents now. He was asked to appear in Palmadulla court again on 28 July 2005. He says that he can identify the police officers and the ward who tortured him.

It is not clear whether Gayan stole the money or not. However, even if he did steal the money, the police should have questioned him in a proper manner. 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.

The AHRC also noticed that Gayan was tortured by a ward at a Children’s Home in Pannipitiya, which is supposed to provide protection and care. The Child Protection Authority must investigate this matter and take necessary action against a ward.

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