SRI LANKA: Assault of a 15-year-old boy by the Panadura police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-263-2006
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an assault of a 15-year-old boy by a Sub Inspector (SI) at the Panadura (South) police station in Panadura, Sri Lanka on 2 August 2006. The reason for the boy’s assault was allegedly due to an accident involving two bicycles of both parties.  According to the medical report, the boy sustained injuries on his head and sexual organs due to the assault. Moreover, the boy’s parents reported that the said SI interrupted the recording of their complaint against him at the police station and were then forced to sign a statement that they were unable to read beforehand. No serious action has yet to be taken by the police in order to investigate the incident.  In Sri Lanka, it is common for the police to abuse people for their own benefit and to prevent victims from seeking justice.

On 2 August 2006, a mysterious phenomenon occurred in Sri Lanka when people reported seeing ‘rays’ of light emanating from Buddha statues around the country. Hence around 7:00pm 15-year-old D Dilan Samaranayake, a student of Sri Sumangala Boys’ School in Panadura, rode his bicycle towards the Galthude temple in Panadura to satisfy his curiosity. Suddenly a bicycle ridden by Sub Inspector (SI) Neville of the Panadura (South) police station came from the opposite direction and crashed into young Dilan and knocked him down.

Even though Dilan fell down, the SI Neville began assaulting and kicking him. The SI then pulled Dilan up and dragged the boy towards his home. He took hold of Dilan’s bicycle, while the boy was forced to wheel his bike. On the way the SI continued to assault Dilan and also scold him with abusive language.  At his house, the SI recorded Dilan’s name and address and also threatened Dilan that unless he repaired his bicycle, he would confiscate Dilan’s bicycle. Dilan was then chased away.

When Dilan returned to his home, he was thoroughly shaken and began vomiting and feeling feverish. Hence the following day on August 3, his parents visited SI Neville and inquired as to why he assaulted their son. The SI then scolded and shouted at them. Later the parents visited the Panadura (South) police station and tried to lodge a complaint against SI Neville. According to the parents, SI Neville remained by their side and constantly interrupted the recording of their complaint. Finally the parents were forced to sign a statement without being informed about its content.

Thereafter the parents brought young Dilan to Ward no. 1 of the Panadura Hospital, where he was also examined by the Judicial Medical Officer (JMO) who recorded details of the incident. According to the doctor’s report, Dilan sustained injuries on his head and sexual organs.  To date, no serious action has been taken by the police to investigate the incident.

This incident illustrates the outlook and practice of the Sri Lankan police. As seen in this case, it is very common practice for the Sri Lankan police to violate people’s rights instead of protecting them as described in their mandate. Furthermore, they prevent the victims from seeking justice by way of refusing to register complaints, intimidating the victims and by misusing their excessive power. Subsequently, the majority of victims belong to the poorest sector of society are left helpless when seeking justice.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to order a prompt investigation into this case and take disciplinary and legal action against SI Neville.

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SAMPLE LETTER

Dear _______,

SRI LANKA: Assault of a 15-year-old boy by the Panadura police

Name of the victim: D Dilan Samaranayake, aged 15, student of Sri Sumangala Boys’ School, Panadura, Sri Lanka
Alleged Perpetrators: Sub Inspector (SI) Neville attached to the Panadura (South) police station
Date of incident:  2 August 2006

I am very disturbed to learn about an assault on the 15-year-old boy named above by Sub Inspector Neville of the Panadura (South) police station on 2 August 2006. The reason for the boy’s assault is allegedly due to an accident involving the two bicycles of both parties.

According to the information I have received, when the boy fell the SI kicked and dragged the boy towards his home. On the way the SI continued to assault the boy while scolding him with abusive language. At his house, the SI recorded Dilan’s name and address and also threatened that unless he repaired his bicycle, he would confiscate the boy’s bicycle.

I was also informed that the boy was considerably injured by the assault. After returning home, the boy was thoroughly shaken and began vomiting and feeling feverish. The following day, the boy was admitted to Ward no. 1 of the Panadura Hospital, where he was also examined by the Judicial Medical Officer (JMO) who recorded details of the incident. According to the hospital doctor’s report, he sustained injuries on his head and sexual organs.

I am particularly concerned by the fact that the said SI constantly interrupted the recording of the boy’s parent’s statement when they visited the Panadura (South) police station to lodge a complaint against him. As a result, the parents were forced to sign a statement by the police without knowing any of its content. To date, no serious action has been taken by the police to investigate the incident.

I want to draw your attention that the nature of this case illustrates the routine practice of the Sri Lankan police. I am aware that as seen in this case, it is common in Sri Lanka that the police violate people’s rights instead of protecting them described in their mandate. In many cases of police abuse, the police prevent the victims from seeking justice by way of refusing to register complaints and intimidating victims in order to protect each other. As a result, the victims who belong to the poorest sector of society are left helpless with no chance of justice. Without reforming the behavior of the police, there will be no progress of human rights in your country.

I therefore urge you to ensure that a prompt and proper investigation is conducted into this incident and that disciplinary and legal action is taken against the alleged perpetrator. If the allegations are found to be true, the SI should be charged under the Convention against Torture Act No. 22 of 1994.  I also urge you to take steps to provide adequate compensation to the victim. I further request that you urge the Sri Lankan government to fulfill its international obligation as a state party to the UN Convention against Torture (CAT) and strictly enforce the Convention against Torture Act No. 22 of 1994 in order to eliminate police abuse in your country.

Yours truly,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

2. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395865 or 395866
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

4. Secretary
Human Rights Commission of Sri Lanka
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

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-263-2006
Countries : Sri Lanka,
Issues : Torture,