SRI LANKA: Brutal torture of a minor by Uragaha Police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-207-2005
ISSUES: Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the case of 16-year-old, W.K. Nilantha who was taken by two home guards to the Uragaha Police Station and severely tortured by police officers.  According to the victim, several policemen tied his hands behind his back and hung him from the ceiling with rope. They then proceeded to severely hit him with wooden poles, especially on the soles of his feet, until he began to bleed.

Later the police took the victim to the Uragaha Government Hospital where a doctor, after examining him, said there was nothing wrong with him.  Thereafter he was taken to the Galle remand prison where the victim told the prison authorities of the torture by the police. He was then admitted to the prison hospital for four days. The victim was then transferred to the Karapitiya Teaching Hospital where he was warded for seven days.

We request your urgent intervention in asking the Inspector General of the Police to order the Special Investigations Unit to immediately commence an investigation into the alleged conduct of the Uragaha Police. If it is found that the alleged perpetrators committed crimes against Nilantha, they must be made accountable and if found guilty of torture, indicted under the CAT Act (Act No. 22 of 1994).  Protection must also be afforded to the victim and his family during the investigation of the police officers and compensation needs to be offered to W.K. Nilantha for the pain and distress he has suffered and also for his medical expenses.

Urgent Appeals Programme
Asian Human Rights Commission
————————————————-

DETAILED INFORMATION:

Victim: W.K. Nilantha, 16 years-of-age and educated up to grade 6; currently employed as a casual labourer
Address: Obadawatte, Bentota
Alleged Perpetrators: Super Intendent Silva and two other police officers of the Uragaha Police Station

Date of incident:  7 October 2005
Place of incident: Uragaha Police Station

Case details:

At approximately 4:00am on 7 October 2005, a villager named Sandalal escorted the victim under threat to a village boutique popularly known as ‘Sarath Kada (Sarath boutique). There, the victim was instructed to climb onto the boutique roof, lower himself down inside and bring whatever he could find out from inside the boutique. However, when the victim entered the boutique from the roof, several people inside caught him and tied him up. Then two home guards from the Uragaha police station came and took him to the police station.

At the station, the victim was locked in a cell for some time. Then he was taken into another room and fingerprinted. According to the victim, several policemen tied his hands behind his back and hung him from the ceiling with rope. They then severely tortured him with Kurundu and Kitul poles (hard wooden poles), especially on the soles of his feet, until his soles began to bleed. They then lowered him onto the ground and continued to torture him by hitting him with the poles and savagely kicking him with their boots. The victim says he was bleeding from his nose. The policemen then dragged him to a lavatory and forced his head into a basin filled with water mixed with chilli powder.

The police then handcuffed the victim, put him in a police jeep and took him to an isolated field where they resumed their torture on him. He says he was tortured with poles. He was dragged back into the jeep and brought back to the police station. According to the victim, he could not tolerate the torture anymore, so despite his injuries, as he was getting down from the police vehicle he escaped and ran to the Uragaha Government Hospital adjoining the police station. However, the policemen caught up with him and severely tortured him inside the hospital premises. Then they took him back to the station.

Later the police took him to the Uragaha Government Hospital.  Despite the victim suffering severe and visible injuries, a doctor at the hospital examined him and concluded that ‘there is nothing wrong with you’. Thereafter he was taken to the Galle remand prison where the victim insists he told the prison authorities that the police had tortured him. He was thereafter admitted to the prison hospital for four days. Later the prison officials took him to the Karapitiya Teaching hospital – presumably because the prison hospital was not equipped to treat his injuries – and the victim was warded there for seven days. The victim says that a surgical operation was also performed on him.

One month later, the victim – who hails from a very poor family – is still physically and mentally suffering from the brutal torture he endured at the hands of the Uragaha police.

SUGGESTED ACTION:

Please write to the Inspector General of Police requesting him to order an impartial inquiry by the Special Investigation Unit into this incident so that the perpetrators are duly punished and the victim is compensated for the damages he suffered while he was in custody.

 

 

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

SAMPLE LETTER

Dear Mr Fernando,

SRI LANKA: Brutal torture of a minor by Uragaha Police

Victim: W.K. Nilantha, 16 years-of-age and educated up to grade 6; currently employed as a casual labourer
Address: Obadawatte, Bentota 
Alleged Perpetrators: Super Intendent Silva and two other police officers of the Uragaha Police Station

Date of incident:  7 October 2005
Place of incident: Uragaha Police Station

I write to express my deep concern over the case of W.K. Nilantha, a 16-year-old boy who was allegedly brutally tortured by S.I. Silva and two other officers of the Uragaha Police Station.

When the victim was caught breaking into a local shop, which he claims he was threatened and forced into doing, two home guards took him to the Uragaha Police Station, where he was severely tortured by police officers.  According to the victim, several policemen tied his hands behind his back and hung him from the ceiling with rope. They then proceeded to severely hit him with wooden poles, especially on the soles of his feet, until he began to bleed. The policemen then dragged him to a lavatory and forced his head into a basin filled with water mixed with chilli powder. Not content with this level of torture, the police then took the victim to an isolated field and continued to torture him there.

Later the police took the victim to the Uragaha Government Hospital where a doctor, after examining him, said there was nothing wrong with him.  Thereafter he was taken to the Galle remand prison where the victim told the prison authorities of the torture by the police. He was then admitted to the prison hospital for four days. The victim was then transferred to the Karapitiya Teaching Hospital where he was warded for seven days.

In light of this brutal torture on a minor, I request you to order the Special Investigations Unit to immediately commence an investigation into the alleged conduct of the Uragaha Police. If it is found that the alleged perpetrators committed crimes against Nilantha, they must be made accountable and if found guilty of torture, indicted under the CAT Act (Act No. 22 of 1994).  Protection must also be afforded to the victim and his family during the investigation of the police officers and compensation needs to be offered to W.K. Nilantha for the pain and distress he has suffered and also for his medical expenses.

Despite claims to the contrary, torture in police custody remains common in Sri Lanka and it is the duty of your office to impartially investigate all reports and claims of torture by citizens.

I therefore trust your intervention will be forthcoming without delay.

Yours sincerely,
----------------------------------------
PLEASE SEND LETTERS TO:

Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

PLEASE SEND COPIES TO:

1. Mr. K. C. Kamalasabesan
Attorney General 
Attorney General's Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436 421

2. Mr. Ranjith Abeysuriya 
Chairperson 
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

3. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694925 / 673806 
Fax: +94 11 2 694924 / 696470 
E-mail: sechrc@sltnet.lk

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

6. Prof. Harendra De Silva
Chairperson 
National Child Protection Authority 
330, Thalawathgoda Road 
Madiwella 
SRI LANKA
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

7. Bo Viktor Nylund
Head of Child Protection 
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2  551 333
E-mail: colombo@unicef.org

8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Email: urgent-action@ohchr.org (Attention: Committee on the Rights of the Child)

9. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

10. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND 
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: urgent-action@ohchr.org (Attention: Working Group on Arbitrary Detention)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Case
Document ID : UA-207-2005
Countries : Sri Lanka,
Issues : Torture,