SRI LANKA: Assault of 12-year-old by the Wattegama police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-27-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received the information that a 12-year-old boy named A.M. Shriyantha Bandara was severely assaulted by the officers from the Wattegama Police Station at his house in Lekampallama, Jambugahapitiya, Sri Lanka on 28 January 2005.  Due to the assault, the boy was admitted to the Kandy General Hospital for five days for medical treatment and still suffers from a blocked feeling in his left ear. His hearing on left ear has since been reduced.

It was revealed that before the incident the boy’s father was approached twice by the Wattegama police who offered him to do illicit liquor business and pay them bribery regularly, which he refused to do so. The father believes that his son was assaulted by the police because of his refusal. No serious action has been taken against the responsible officers. Your action is requested to correct this matter immediately.

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

Name of the victim: A.M.Shriyantha Bandara, 12 years old boy and the student of a year 7 at the Wattegama Paranagama Maha Viduhala, Paranagama
Address of the victim: No. 99, Lekampallama, Jambugahapitiya, Sri Lanka
Alleged perpetrators:
1. Mr. Ambepitiya attached to the Wattegama Police Station
2. Officers of the Wattegama Police Station
Date of the incident: At around 4:00pm on 28 January 2005
Place of incident: The boy’s house

Case details: 

On 28 January 2005, when the parents of a boy, A.M. Shriyantha Bandara (12), were not present at home, five officers in civil clothes from the Wattegama Police Station arrived in the house by a white lorry and asked the boy where his father’s illicit liquor collection was kept. When he replied that he did not know, one among five said officers, Mr. Ambepitiya, beat Shriyantha Bandara’s left cheek and ear with his right hand several times, which caused severe pain in his left ear. He was admitted to the Kandy General Hospital on January 29 and was under treatment for five days. The boy still suffers from a blocked feeling in his left ear of which hearing has been reduced.

According to the boy’s father, Mr. Abeyinghe Mudiyanselage Tikiri Banda, he was charged for possessing illicit liquor in 2004 and the case is pending in the court. However, he insisted his innocence saying that the police came to his house 13 times to find evidence of illicit liquor but they failed. He said that he usually does the carpentry work to support his family and his wife is also working at a private company in the area.

Mr. A. M. Tikiri Banda further said that an officer named Wijerathne of the Wattegama Police Station came to his house about one month ago and offered him that he could make illicit liquor if he wanted and that they (the police) would not check or arrest him as long as he pays them Rs.5000/ per month. But he did not agree to do so. According to him, a week later another officer named Angammana from the Wattegama Police Station approached him and asked him to give him a ‘case’.

This is a common practice in the village areas, where the police periodically approach the villagers and request them to give evidence so that they can file a case against some villagers in court, mainly under the illicit liquor charges. The police then settle the case when they receive some money. Mr. A. M. Tikiri Banda believes that his son was assaulted by the police because he had refused the police’s requests. The illicit liquor business is often of great benefit to police officers, as such business can only be carried out by paying bribes to the police.

SUGGESTED ACTION:
Please send a letter , fax or an email to the addresses below and express your concern about this case.

Sample letter:

Dear ___________,

Re: SIR LANKA: Assault of 12-year-old by the Wattegama police

Name of the victim: A.M.Shriyantha Bandara, 12 years old boy and the student of a year 7 at the Wattegama Paranagama Maha Viduhala, Paranagama
Address of the victim: No. 99, Lekampallama, Jambugahapitiya, Sri Lanka
Alleged perpetrators:
1. Mr. Ambepitiya attached to the Wattegama Police Station
2. Officers of the Wattegama Police Station
Date of the incident: At around 4:00pm on 28 January 2005
Place of incident: The boy’s house

I am deeply concerned to learn the torture of a 12-year-old boy, A.M.Shriyantha Bandara, by the Wattegama police on 28 January 2005. Due to the assault, the boy had to be hospitalized in the Kandy General Hospital for five days for the treatment and still suffers from a blocked feeling in his left ear and his hearing on left ear is reduced.

I was also informed that the boy’s father was approached by the Wattegama police twice who offered him to do illicit liquor business and pay them bribery regularly and give them a ‘case’, which he refused to do so. This is a common practice in villages in Sri Lanka, where the police periodically approach the villagers and request them to give ‘case’ evidence so that they can file a case against some villagers and then settle it by receiving bribery. The father strongly believes that his son was assaulted by the police because he had refused the police’s requests.

I therefore urge you to order an immediate investigation into this serious case, bring those responsible before court and apply the penal, civil and/or administrative sanctions provided by law. I also urge you to inquire the allegation of the police involvement of illicit liquor business in this case and take appropriate action in this matter. I further urge you to guarantee adequate compensation for the victim.

Yours sincerely,

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SEND A LETTER TO:

1. Mr. Mahinda Rajapakse
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 543938-42 / 437676
Fax: +94 11 2 384916
E-mail: pm_sec@slt.lk

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

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

4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

5. Dr. Radhika Coomaraswamy
Chairperson
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

6. 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)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

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Document Type : Urgent Appeal Case
Document ID : UA-27-2005
Countries : Sri Lanka,
Issues : Torture,