Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Vilgamuva police officers have assaulted a school child and arbitrarily detained him in custody. The Officer-in- Charge, a Sergeant and a female police constable are directly responsible for the incident of an assault on a child in custody following arbitrary detention.
CASE DETAILS: (based on the victim’s statement)
On 2 December 2008, 17-year-old Pradeep Bandara did not go to school following his mother’s suggestion to go to meet the Samurdi animator (‘Samurdi’ is a donation given to the poor families in Sri Lanka). At 8:30am, while riding a bicycle on the way to the animator’s place Pradeep saw two senior students from his school. They were walking to school in school uniforms from the Hettipola junction.
When Pradeep was close to them on the road, they stopped Pradeep. He asked “why?” Then one of them named Dinesh started to hit Pradeep. Pradeep hit back in self defense. But Pradeep was not willing to fight Dinesh because he was senior to him. Dinesh, however, continued the assault , but Dinesh’s friend intervened and then he and his friend left the place.
A friend of Pradeep’s elder brother lived near to Hettipola junction. Pradeep decided to go there before going to the animator’s to borrow some books. When Pradeep was near the house, five police officers including a Woman Police Constable (WPC) named Manori were there. One of the policemen asked “who is Pradeep?” “It’s me” Pradeep replied. Two of them restrained Pradeep and started to take him toward Vilgamuwa Police Station, around 250 meters away. They proceeded to assault Pradeep on the way. The WPC, who was on the team, introduced herself as Dinesh’s aunt. When they entered the police station the WPC started crying. She went to the Officer-in-Charge (OIC) and lied to him that Pradeep had assaulted her son Dinesh. Then the OIC without asking for confirmation from Pradeep ordered the officers to put him into a cell where he was held for 20 minutes.
Later, Pradeep was released from the cell and Sergeant Priyantha started to get a statement from him. As he was asking questions of Pradeep, Sergeant Priyantha hit him ten times in the chest. Pradeep started crying because of the pain and was about to faint when the Sergeant returned him to his cell.
During the detention two friends of Pradeep’s elder brother came to the police station and met Sergeant Priyantha. They appealed to the Sergeant to send Pradeep to a hospital for medical treatment. Sergeant Priyantha took Pradeep to Hettipola hospital about 400 meters distant from the police station. The boy was compelled to walk to the hospital in spite of pain and his injured condition.
The examining doctor asked how he had sustained his injuries. “He fought others” replied Sergeant without allowing Pradeep to tell the truth. The doctor treated Pradeep for 20 minutes and discharged him. He was brought back to the police station on foot and detained again.
At about 2:30pm on the same day, Pradeep’s elder brother went to the police station. Dinesh who assaulted Pradeep also went to the police station after school. Then the OIC ordered Pradeep and Dinesh to promise not to fight again which they did. Pradeep was then released on bail after his brother signed a document.
After his release Pradeep was unable to go home because of the pain resulting from the police assault. He and his elder brother went to Hettipola hospital again where he was admitted.
On the same day, Pradeep’s elder brother lodged a complaint with the National Police Commission regarding the incident. As a result, the Assistant Superintendent of Police (ASP) of Matale district came to the hospital and took a statement from Pradeep.
The doctors treated Pradeep at the hospital for two and half days before he was discharged.
The police assault on Pradeep happened seven days before he was to sit for his Ordinary Level examination at school. It caused a tremendous loss of time for him in that he had to spend time at the police station and at the hospital. He was not able to attend additional tuition classes in preparation for the exams. The entire experience left him in a state of mental shock at this crucial time before exams.
SUGGESTED ACTION:
Please write a letter to the government authorities listed below asking them to investigate the incident of assault and arbitrary detention of Pradeep by the police who abused their power.
Please be informed that the AHRC has written separate a letter to the UN Special Rapporteur on the question of torture calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Police assault a boy and arbitrarily detain him
Name of victim: Pradeep Bandara, 17; residence of 288/1, Alikanda, Hettipola, Wilgamuwa, Matale
Name of alleged perpetrators:
1. Ms. Manori, a Woman Police Constable
2. The Officer-in-Charge
3. Sergeant Priyantha
(All are attached to the Vilgamuva police station)
Place of incident: Vilgamuva police station, Matale district, Central Province
Date of incident: 2 December 2008
I am writing this letter to express my deep concern regarding the assault and arbitrary detention of a school child by staff of the Vilgamuva police station, Matale.
According to the information I have received, Pradeep Bandara, a student, was on his way to the animator’s for family purposes at 8.30AM on 2 December 2008. At Hettipola junction he was stopped on the street by two senior school-mates. Pradeep identified one of them as ‘Dinesh’.
Dinesh started to hit Pradeep who reacted by hitting him back in self-defense. Pradeep sustained more injury as he was weaker than Dinesh due to the difference in age. As the fight continued, Dinesh’s friend stepped in and stopped it. Dinesh and his friend returned to school while Pradeep went to the house of a friend of his elder brother to borrow books.
When Pradeep arrived at his destination he saw five police officers, including a Woman Police Constable (WPC) named ‘Manori’, approaching him. The woman police constable introduced herself as an aunty of Dinesh. The police took Pradeep to the Vilgamuva police station about 250 meters away. They assaulted him on the way to the police station.
As soon as they entered the police station WPC Manori started crying. She went directly to the OIC (Officer In Charge) and told him that Pradeep had assaulted her son Dinesh. The OIC without confirming this information from Pradeep ordered him confined to a cell.
After 20 minutes Sergeant Priyantha took Pradeep out of the cell and started to record his statement. While asking questions, the Sergeant struck Pradeep ten times on the chest. The boy started crying due to the pain he was experiencing and was about to faint when Sergeant Priyantha returned him again to his cell.
At the request of Pradeep’s elder brother’s friends Sergeant Priyantha took him to Hettipola hospital. The police forced him to walk to the hospital despite pain from the assault. When being attended to by the examining doctor he was asked how he sustained his injuries. Sergeant Priyantha did not allow Praeep to reply and lied saying it was because of a fight between two students. After being treated for 20 minutes’ Sergeant Priyantha took Pradeep back to the police station on foot and detained him again.
Following his elder brothers intervention,The OIC instructed Pradeep not to fight with Dinesh again and released him on bail in the afternoon. After release Pradeep sought admission to the hospital to treat his injuries instead of immediately returning home. At Hettipola hospital he was under treatment for two and a half days.
Following a complaint to the National Police Commission an Assistant Superintendent of Police (ASP) of Matale district took Pradeep’s statement on the incident. However, the authorities have not yet taken any action against the perpetrators after almost two and half months have passed.
I, therefore, urge you to immediately conduct a proper investigation into this incident. The perpetrators, especially WPC Manori, Sergeant Priyantha and the OIC of the Vilgamuva police station should be properly punished under the law, if found guilty during the investigation.
I would also urge the Government of Sri Lanka to initiate preventive measures to stop the recurrence of such abuses of power by police. The police officers should be educated on human rights, especially the rights of children and shown how to be sensitive to children.
Pradeep, who is in a state of shock after his assault and arbitrary detention, should be afforded proper rehabilitation which would enable him to face his future and properly continue his education.
I trust that you will take proper action in this case.
Yours sincerely,
______________
PLEASE SEND YOUR LETTERS TO:
1. Mr. Jayantha Wickramaratne
Inspector General of Police (IGP)
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. Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Fax: +94 11 2 778975
Tel: +94 11 2 778912/13/14
E-mail: ncpa@childprotection.gov.lk
4. Chairperson
OIC Women and Children’s Bureau
25, Yst Building Srimath Baronthilake Mawatha
Colombo 01
SRI LANKA
5. 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
6. Mr. Mohan Peris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
