Dear Friends,
Dilesh Rukmal Anthony, 14, of No: 08 /1, Wariyagala, Nilambe in the Gampaha District, is a student in grade 09 A at the Gurukelle Nilambe Maha Vidiyala School–Sinhala Medium. On 24 January 2017, three teachers at the school accused Dilesh of assaulting another student. He was directed to go to the Galaha Police Station where on 27 January 2017, he was tortured by several police officers. Later he was produced before the Magistrate of Kandy on fabricated charges. The parents of the child are seeking justice for their son.
Case Narrative:
The Asian Human Rights Commission has received information regarding Dilesh Rukmal Anthony (14) of No: 08 /1, Wariyagala, Nilambe in the Kandy District. Dilesh Rukmal is a student in Grade 09 at the Gurukelle Nilambe Maha Vidiyala School–Sinhala Medium. Dilesh Rukmal has one elder brother. His father Patrick is a civil security officer and his mother is a housewife. Dilesh is an innocent, intellectually- challenged young boy who is slow in learning.
On the 23rd of January 2017, Saduna, a child in Grade 02, complained to his parents that he had a problem with his urine. He was taken to the hospital by his parents. The Doctor referred them to the police as the child said someone had bitten his penis.
On 24th January 2017, in the absence of the principal, three masters named: Nimal, Nilantha and Mangala set up an identification parade. They asked Saduna to identify the person who bit him. He then identified Dilesh Rukmal as one of the accused out of the two put forward. But Dilesh said that the neither Saduna nor any other student identified him as the culprit. Furthermore, he states that there was no evidence that showed he engaged in such behavior. The teachers accused him because is stereotyped as a child with limited intellectual capacity.
On the 25th, the three masters named above, assaulted Dilesh with a stick, slapped him and forced him to write a letter dictated by one of the masters. About 8.45 am, Dilesh and another boy were taken to the Galaha Police Station for questioning. Dilesh was severely beaten by two police officers. They forced him to sign a statement composed by one of the police officers. Dilesh was sent home at 2.00 pm and requested to return to the police station the next day.
On 26 January, Dilesh and his parents reported to the police station on time. But, they were sent home as the Officer-in-Charge (OIC) was absent. On 27 January, Dilesh again went to the police station accompanied by his mother. They were taken to the Kandy Teaching Hospital. Here he was examined by the Judicial Medical Officer (JMO) and produced before the magistrate’s court in his chambers. The mother obtained the reference number of the case as B/41378. His case was then postponed on two occasions to 2 February 2017 and 10 August 2017. At this juncture, the victim and his parents were not aware of the exact accusations leveled against Dilesh.
The parents stated that the police had filed fabricated charges against their son. This illegal act by the police amounts to harassment of their son who is already saddled with intellectual impairment for life.
Patrick, the father of Dilesh, is a civil security officer. His neighbor, Police Sergeant (PS) Nandasena, is attached to the Office of the Senior Superintendent of Police (SSP) of Gampola. Nandasena is a good friend of the Officer-In-Charge of the Galaha Police Station. Frequently, the OIC visits Nandasena in his home and is plied with free food and liquor.
Patrick states that Sergeant Nandasena has been angry with him for long time over a contentious boundary wall. He has waited until now to take his revenge. Nandasena influenced the OIC of the Galaha Police Station to take action against him. This particular legal action was initiated by the OIC of the police station to fulfill the dislikes and inclinations of his friend and fellow police officer Nandasena.
Patrick states that his son was illegally arrested under fabricated charges by officers of the Galaha Police Station. His son’s fundamental rights were violated. Patrick complained to: higher police authorities including, the Assistant Superintendent (ASP), the Senior Superintendent of Police (SSP) and the Inspector General of Police (IGP). He requested an independent and impartial inquiry be made into the illegal action of the police. But authorities have made no efforts to investigate this incident even though he has submitted written complaints to the IGP and relevant authorities. They seek justice for the abuse of their son’s fundamental rights.
Suggested Action:
Please send a letter to the authorities listed below expressing your concern about this case. Kindly request an immediate investigation into the allegations of abuse of an intellectually challenged boy by the police. Those proven to be responsible for misusing the powers of the state should face prosecution. The officers involved must also be subject to an internal investigation for breach of Police Departmental Orders. Request the NPC and the IGP to set up a special investigation into the malpractice of the police officers relative to abuse of their powers.
Please note that the AHRC has also written a separate letter to the Chairman of the UN Child Rights Committee in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Intellectually challenged, fourteen year old boy, tortured by Galaha Police
Name of Victims: Dilesh Rukmal Anthony (14) of No: 08 /1, Wariyagala, Nilambe in the Kandy District
Alleged perpetrators: Officers attached to the Galaha Police Station; three teachers at the Gurukelle Nilambe Maha Vidiyala School
Date of incidents: 25-27th January 2017
Place of incident: Galaha Police Division
According to the information I have received Dilesh Rukmal Anthony (14) of No: 08 /1, Wariyagala, Nilambe in the Kandy District. Dilesh Rukmal is a student in Grade 09 at the Gurukelle Nilambe Maha Vidiyala School–Sinhala Medium. Dilesh Rukmal has one elder brother. His father Patrick is a civil security officer and his mother is a housewife. Dilesh is an innocent, intellectually- challenged young boy who is slow in learning.
On the 23rd of January 2017, Saduna, a child in Grade 02, complained to his parents that he had a problem with his urine. He was taken to the hospital by his parents. The Doctor referred them to the police as the child said someone had bitten his penis.
On 24th January 2017, in the absence of the principal, three masters named: Nimal, Nilantha and Mangala set up an identification parade. They asked Saduna to identify the person who bit him. He then identified Dilesh Rukmal as one of the accused out of the two put forward. But Dilesh said that the neither Saduna nor any other student identified him as the culprit. Furthermore, he states that there was no evidence that showed he engaged in such behavior. The teachers accused him because is stereotyped as a child with limited intellectual capacity.
On the 25th, the three masters named above, assaulted Dilesh with a stick, slapped him and forced him to write a letter dictated by one of the masters. About 8.45 am, Dilesh and another boy were taken to the Galaha Police Station for questioning. Dilesh was severely beaten by two police officers. They forced him to sign a statement composed by one of the police officers. Dilesh was sent home at 2.00 pm and requested to return to the police station the next day.
On 26 January, Dilesh and his parents reported to the police station on time. But, they were sent home as the Officer-in-Charge (OIC) was absent. On 27 January, Dilesh again went to the police station accompanied by his mother. They were taken to the Kandy Teaching Hospital. Here he was examined by the Judicial Medical Officer (JMO) and produced before the magistrate’s court in his chambers. The mother obtained the reference number of the case as B/41378. His case was then postponed on two occasions to 2 February 2017 and 10 August 2017. At this juncture, the victim and his parents were not aware of the exact accusations leveled against Dilesh.
The parents stated that the police had filed fabricated charges against their son. This illegal act by the police amounts to harassment of their son who is already saddled with intellectual impairment for life.
Patrick, the father of Dilesh, is a civil security officer. His neighbor, Police Sergeant (PS) Nandasena, is attached to the Office of the Senior Superintendent of Police (SSP) of Gampola. Nandasena is a good friend of the Officer-In-Charge of the Galaha Police Station. Frequently, the OIC visits Nandasena in his home and is plied with free food and liquor.
Patrick states that Sergeant Nandasena has been angry with him for long time over a contentious boundary wall. He has waited until now to take his revenge. Nandasena influenced the OIC of the Galaha Police Station to take action against him. This particular legal action was initiated by the OIC of the police station to fulfill the dislikes and inclinations of his friend and fellow police officer Nandasena.
Patrick states that his son was illegally arrested under fabricated charges by officers of the Galaha Police Station. His son’s fundamental rights were violated. Patrick complained to: higher police authorities including, the Assistant Superintendent (ASP), the Senior Superintendent of Police (SSP) and the Inspector General of Police (IGP). He requested an independent and impartial inquiry be made into the illegal action of the police. But authorities have made no efforts to investigate this incident even though he has submitted written complaints to the IGP and relevant authorities. They seek justice for the abuse of their son’s fundamental rights.
I request your intervention to ensure that the authorities listed below open an immediate investigation. They need to look into the allegations of violations of the fundamental rights of Dilesh Rukmal Anthony, an intellectually challenged young boy, by officers of the Sri Lanka Police Department. The officers involved should, in addition, be subject to an internal investigation for breach of Police Departmental Orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. 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
4. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
