SRI LANKA: Illegal arrest and torture of a school boy by Pannala Police 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the illegal arrest and torture of a school boy by the Pannala Police on 3 August 2005. Mohommed Lufrash was detained by the police, despite their intention being to arrest his father. Upon detention, Sub-Inspector Jayanath proceeded to torture the victim, striking several blows to his face. The victim was then placed in a cell with six adult detainees and was very much in fear for his safety. He was finally released into the care of a guardian, but was threatened that if he informed anyone of his torture, that he and his father would be killed. Believing the threat to be a genuine one, the victim kept his torture a secret for two days until he finally confessed due to needing medical attention for his injuries. He detailed to his family what had occurred and soon after was admitted to hospital for two days to receive the medical treatment he required.

In light of this, we ask that you write to the Inspector General of Police, Mr Chandra Fernando asking him to immediately intervene in this case. A full and independent inquiry must be launched into the conduct of Sub-Inspector Jayanath and other police officers from the Pannala police station, who it would seem sat by and allowed this to happen. All those found responsible for the illegal arrest of the victim, and more importantly his torture, must be brought before a court of law to answer to their alleged crimes. Full punishment, according to the law, must then be passed against those found guilty of any crime. It is essential that the victim and his family are provided appropriate protection while this investigation and any subsequent trial is taking place. With threats having already been made against their life, their safety must be ensured throughout this process. Finally, compensation should be provided to the victim to cover both his medical costs and the psychological trauma he has endured.

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

Victim: Mohommed Lufrash, 17, of “Lajeef home” Bammantha, Naramgoda, student of Alkar Madya Maha Vidyalaya, Bammantha, son of Abdul Raheem Mohammed Lareef
Date and time of arrest: 3 August 2005 at 12 midnight
Place of arrest: Home address (as mentioned above)
Date and time bail was granted by the police: 4 August 2005 at 12.30pm

On 3 August 2005, at about 12 midnight, five police officers, including Sub-Inspector Jayanath of the Pannala police forcibly entered the home of the victim, stating that they had a warrant for the victim’s father’s arrest. However, a warrant was never produced. While searching the house, the police officers caused some damage and woke the victim who had been sleeping in his bedroom. The victim noticed that three of the police officers were in uniform, while two were not. SI Jayanath then grabbed the victim and took him to the police jeep parked outside of the house. The victim was tortured by SI Jayanath during this time and was forbidden from returning to his bedroom to properly clothe himself. The victim’s mother, Sitty Perosha, suffered a nervous shock and fainted upon witnessing her son being tortured. Strangely, the police never took into custody the father, despite it being he who they had originally gone to the house looking for.

On the drive from his house to the police station, the victim was tortured by SI Jayanath once more. Along with hitting the victim in the mouth and eyes, SI Jayanath grabbed the victims head and repeatedly smashed it against the knee of another person being detained in the jeep. As a result of this the victim received a cut and swollen lip, a bloody nose, four broken teeth and severe pain in his head.

The victim pleaded with SI Jayanath to let him go, stating that he was a mere school boy who had done nothing wrong. SI Jayanath ignored this request and continued to torture the victim. He then ordered the other detained person in the jeep, Rimshan, to assault the victim. This Rimshan did by striking a hard blow to the victim’s left ear.

Between 1.30am and 2am on August 4, the jeep arrived at the Pannala police station. The victim was taken by another police officer from the jeep into a cell (this officer could be identified by the victim) where six adult suspects were being held. The victim did not sleep out of fear for his safety and due to the pain from his injuries. Later that morning the victim’s uncle and a retired teacher came to see him, but they were not allowed. Then the village headman named Senevirathna went and visited him and promised him that he would have him released.

Later a policeman released the victim from his cell and informed him that he would have to make a statement. At this point SI Jayanath threatened the victim not to reveal his torture to any police officers, the Assistance Superintendent of Police, his father or any hospital authorities. SI Jayanath further threatened that if the petitioner revealed any information about this, he would re-arrest the victim or kill him. He also threatened to kill the victim’s father.

Therefore, when the victim had his first statement recording he revealed no more than just his name and the name of his father. After that the policemen recorded another story and forced the victim to sign it. The victim does not read Sinhala and therefore did not understand the statement. Once he signed the document, he was returned to his cell. Soon after the retired teacher, Yazeen who is an officer of the Jammul Hyrath Muslim mosque, came to collect the victim. At this point the victim was granted bail by the police and he thereafter left with Yazeen.

It was not until two days after his release that the victim finally told his father about what had happened. This was in large part due to the pain the victim was suffering as he could no longer hide his injuries. He was later taken to a nearby hospital where he received medical attention for two days.

Soon after this a petition was filed with the Human Rights Commission on behalf of the victim.

SUGGESTED ACTION:

Please send a letter to the Inspector General of Police, Mr Chandra Fernando asking him to immediately intervene in this case.