SRI LANKA: Young boy reportedly severely tortured to obtain a confession

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of torture of a young boy by the Meetiyagoda police on 7 March 2008. According to information, police allegedly severely assaulted him and hung him over a beam on the roof while interrogating him. After this incident was broadcasted in the media, an Assistant Superintendent of Police scolded his parents in that regard.

CASE DETAILS: (based on the testimonies of Uspatabandige Buddhi Ivantha Gunasekara (14) and his father Uspatabadige Jayantha Gunasekara)

At 3pm on 7 March 2008, a police search party comprising of Sub Inspector (SI) Athukorale of the Meetiyagoda Police Station, another officer and a Home-guard came to the house of Uspatabandige Buddhi Ivantha Gunasekara (‘Buddhi’). The SI and the Home-guard were in civil dress. The Home-guard had a bandage on his arm. They were following a police dog who led them to three houses in the vicinity. Later the family discovered that the search party had come in the van belonging to Siripala (who was a man from the village and was also with the search party).

SI Athukorale asked Buddhi’s mother where her husband was. She told him that her husband had gone to work in the paddy fields about 6 kilometers away. The SI then told her to take them to him. She refused and asked her son Buddhi to show the way to where his father worked.

Buddhi obliged and got into Siripala’s van with the police search party. However the police took him straight to the Meetiyagoda Police Station.

They took him to the room of the Officer-in-charge (OIC). The OIC grabbed him by his hair and banged his head on the wall several times. Surprised and frightened Buddhi fell to the floor. Then the OIC trampled and kicked the boy with his boots. Then he instructed SI Athukorale to take the boy to the Crimes Branch. The SI dragged the boy to the door of the room of the Crimes Branch and kicked him inside making Buddhi go sprawling into the room. Then he slapped Buddhi and demanded that he give “the stolen goods”. Buddhi replied that he had not stolen any goods. SI Athukorale then bent him forward and hit him hard on the back of his neck.

The Home-guard who had been one of the search party and was watching this scene piped in saying that “by hitting the boy like that it will not work, and a pole would do the trick”. SI Athukorale then asked him to fetch a pole and a pole was brought. The SI then held Buddhi tightly by his shoulders while the Home-guard hit him hard with the pole on his buttocks. SI Athukorale then asked the Home-guard to bring him a lighted cigarette. The cigarette was kept close to Buddhi’s ears till the heat became unbearable and Buddhi closed his ears with his hands.

Then, SI Athukorale and the Home-guard took Buddhi to another room at the rear of the police station. They tied his hands behind his back with a thick rope and threw the other end of the rope over a beam on the roof. Thus they hung Buddhi while SI Athukorale supported him by holding him by his legs. The Home-guard then hit him with a pole on his buttocks while continuing asking him about the money. Buddhi told them that he did not have any money with him. However he told them that his brother (eleven year old Tharindu) had some money. The officers then took Buddhi to his house in Siripala’s van and asked him to show it to them.

When Buddhi was taken home, his father was getting ready to come to the station. When Buddhi met his father, he told that the police were torturing him. But the officers scolded every one in filthy language and shouted at Buddhi to give them the money. Buddhi showed them his brother Tharindu’s purse. Then they took both boys back to the police station. Their father followed.

They took Buddhi to the Crimes Branch while his brother Tharindu was made to sit on a bench outside. They demanded to know from Buddhi how they had got the money, and Buddhi told them that his brother Tharindu had picked it up from the road. They also questioned Tharindu about the purse. SI Athukorale told his father to beat Buddhi and find out where the “stolen goods and money” was. The boy’s father refused to do this. Instead he asked Buddhi if he had any part in the accusation. Buddhi told his father that he had no hand in it. Buddhi was kept in the Crimes Branch while his father and brother Tharindu were told to wait outside.

At about 8pm, the OIC arrived at the station and asked SI Athukorale to put Buddhi into the cell. There were two adults in the same cell. Buddhi’s father and brother Tharindu were told to go home. That night Buddhi saw Siripala and his relative Somalatha her husband and son in the police station.

The next day, (May 8) Buddhi was produced before the Balapitiya Magistrate. A lawyer appearing for Buddhi obtained bail for him. Buddhi’s father says he is not aware of the charge against his son. Buddhi was taken back to the police station.

At the Meetiyagoda Police Station, Court Sergeant Wijeratna forced Buddhi and his father to affix their signatures to some documents. They were told it was regarding bail, but they were not allowed to read what was written.

Buddhi went home with his father. The trauma of the ordeal was too much for the boy. That night he became very sick; his body and head hurt. On March 9, he was admitted to the Balapitiya hospital. He told the doctor who examined him that he was tortured by the police. He was warded in Ward No 1. On March 13 he was examined by the Judicial Medical Officer (JMO) and the Hospital Police also recorded a statement from him. He was discharged on March 13 but readmitted again on March 14 and received treatment until March 24. The JMO had again examined the boy.

On March 11, Buddhi’s father made a complaint about the incident to the Elpitiya Assistant Superintendent of police (ASP) Fernando and to the Human Rights Commission (HRC) on March 19. In response to his complaint, officers from the HRC visited Buddhi’s house to inquire into the incident on March 27. ASP Fernando also visited the house of Buddhi on same day but scolded his parents referring to the fact that the incident had appeared on local TV. He told Buddhi to come to the Meetiyagoda Police Station at 1pm that day. According Buddhi went with his father to the station where the ASP took down a statement from him. Buddhi’s mother was called to the Elpitiya ASP’s office to record a statement on March 28.

On March 29, Buddhi’s father made a written complaint about this incident to the Chairperson of Human Rights Commission and National Police Commission, Inspector General of Police and Deputy Inspector General (Legal). However, no further action has been taken.

SUGGESTED ACTION:
Please write letters to the authorities listed below calling for a thorough investigation into the alleged torture in the police station.

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

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