SRI LANKA: Alleged assault of a student by Deniyaya police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-113-2008
ISSUES: Child rights, Inhuman & degrading treatment, Police negligence, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a Sub Inspector attached to Deniyaya Police Station allegedly tortured a young student in the process of interrogating him on suspicion of carrying out a robbery on 28 April 2008. As the boy denied the charge the police threatened and demanded money from his parents.

CASE DETAILS: (based on the statements from the victim and his parents)

Having received an order from the police station, Janaka Pradeep Kumara, 14-year-old student, went with his father and mother to Deniyaya Police Station to give a statement regarding the loss of a cell phone on 28 April 2008.

At the Criminal Investigation Section in the police station, a police officer took Pradeep inside a room along with a man named Ananda who resides the Deniyaya area and came out after about 10 minutes. The police officer said to Ananda, “This fellow had not taken your cell phone, it is your responsibility to safe guard your phone. It shows your carelessness. We cannot do anything and you had better to make an entry of losing your phone.” Meanwhile, Pradeep and his parents were waiting for an officer to take down his statement.

Suddenly, another officer, Sub Inspector (SI) Wimalakeerthi came and took Pradeep by the hand with saying, “are you the man?” and took him inside the room again. When Pradeep’s mother attempted to follow them, the SI wimalakeerth ordered her to remain outside.

However, as they were concerned, Pradeep’s mother Gamage Indrani went inside where the SI had taken Pradeep and saw that the SI was holding Pradeep by his shirt collar and slapping him. On seeing the assault, Indrani shouted at him not to hit Pradeep. Then, the SI told her, “If you want to take him away, pay the value of the phone. Otherwise, I will break his bones and produce him at the court tomorrow.”

In order to prevent Pradeep being assaulted again and avoid him to be produced before the court, Indrani decided to pay the value of the phone. But, Pradeep shouted, “Do not pay any money for a thing I have not done. If you are paying, it means we are admitting.” Pradeep also told the Inspector of Police not to accept the money saying, “if you take the money from my mother, it means that you are turning me to a culprit for a crime I have not committed. Hereafter, I will not attend school and would commit suicide.”

However, with the intention of saving Pradeep, Indrani paid Rs. 6,000 (USD 55.7) and asked for a receipt. The SI Wimalakeerthi refused to give her a receipt and threatened to remand them including his parents. Pradeep started shouting at mother with saying, “you paid money, now I become a culprit.” After being released on at 4:45pm on April 28, he went to a hotel, swallowed sixteen tablets of Panadol. He also tried to jump from the top of a building but was prevented by other people.

At 6pm on the same day Pradeep was admitted to Deniyaya hospital due to the overdose. As his condition deteriorated he was transferred to Karapitiya hospital. Although Pradeep survived he has suffered mental trauma from this incident. He was discharged from the hospital on May 4.

His parents have submitted a complaint to various local authorities on May 6. 

SUGGESTED ACTION: 
Please write to the local authorities listed below demanding thorough investigation in this case.

Please be informed that the AHRC has written a letter to the UN Special Rapporteur on the Question of torture calling for an intervention in this case.

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

SAMPLE LETTER

Dear________,

SRI LANKA: Please investigate alleged torture of a student by Deniyaya police

Name of victim: Janaka Pradeep Kumara (14), 260/B, Jamburagodahena, Lindagawea Hena, Kotapola
Name of alleged perpetrator: Sub Inspector Wimalakeerthi attached to Deniyaya Police Station
Date of incident: 28 April 2008
Place of incident: Deniyaya Police Station, Weligama Dist., Matara Division, Southern Range

I am writing to express my deep concern regarding the assault of 14 year-old student by the Sub Inspector attached to Deniyaya Police Station on 28 April 2008.

According to the information that I have received, Pradeep and his parents went to the police station following an instruction from the police station to give a statement regarding the loss of a cell phone. From the information that I have learned, on their arrival, Sub Inspector (SI) Wimalakeerthi took Pradeep inside a room without his parents’ being present and slapped and assaulted him.

I am also informed that the SI asked Pradeep’s mother to pay the amount of cell phone if she wanted him to stop and produce him before the court. His mother had no choice but to pay in order to protect her son. The SI further threatened all of them to be remanded when his mother asked for the receipt.

I am aware that due to this incident, Pradeep attempted to commit suicide by taking two packs of drugs for headache and he was admitted to Deniyaya Hospital and transferred to Karapitiya Hospital when his situation got worse and later discharged on May 4. I am also aware that even though his parents submitted a complaint to several authorities on May 6, no investigation into alleged assault and threat against Pradeep has been conducted.

This case shows how routine the police use their force in practice by assaulting or threatening the accused in order to get information or make them confess a crime even though the accused have denied. It also indicates how poor means the police have in the process of interrogation.

Accordingly, I urge you to investigate the assault by the police without delay and take legal or departmental actions against those responsible if found guilty. I also urge you to provide effective remedy to the victim and his family and public announcement for apology, if details are disclosed as true, in order to prevent similar practice from reoccurring in the future.

I take this opportunity to draw your attention to the fact that a child has to be presented with legal representative in a case such as police interrogation is held. In this regard, I call upon you to ensure children are protected from any kinds of harassment or threats.

Yours sincerely,

________________
PLEASE SEND YOUR LETTERS TO:

1. Mr. Victor Perera
Inspector General of Police
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

2. Secretary 
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: npcgen@sltnet.lk or polcom@sltnet.lk

3. Secretary 
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. Chairperson
National Child Protection Authority
330, Thalawathugoda Road
Madiwela
SRI LANKA
Tel: +94 112778912/13/14
Fax: +94 112778975
E-mail: ncpa@childprotection.gov.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-113-2008
Countries : Sri Lanka,
Issues : Child rights, Inhuman & degrading treatment, Police negligence, Threats and intimidation,