SRI LANKA: Illegal detention of 11-year-old boy by the Wattegama police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that an 11-year-old boy named Mahesh Kumara was illegally detained and charged by the Wattegama Police Station between February 9 and 10, 2005. The charge followed a minor altercation with a fellow student at Mahesh’s school. When the other student, who is Mahesh’s friend, was mildly hurt in the school ground play fight, his parents intervened and the police became involved. Upon arriving at the police station, Mahesh was forced to sign a statement stating what had occurred, yet was not allowed to see the contents of the statement. He was then detained at the Wattegama Police Station overnight before being produced before a court on criminal charges the following day.

This is not the first time AHRC has reported on human rights violations of a child at the Wattegama Police Station. As recently as 23 February 2005, the AHRC reported that the Wattegama Police Station had severely assaulted 12-year-old A.M. Shriyantha Bandara, whose father had been approached by police officers from that station offering him the possibility to become involved in the illicit liquor business.?From that case, as well as this one, we can only conclude that the rights of the child and human rights in general are being violated by police officers attached to the Wattegama Police Station.

With this in mind, we ask that you intervene immediately. Please write to the authorities listed below, urging them to take measures so that a full and independent inquiry is conducted into Mahesh’s case. If irregularities are found in the conduct of the Wattegama Police, then disciplinary action should be taken against them. Please also urge that the charges laid against Mahesh be withdrawn, as they were placed on the grounds of a potentially falsified statement which he was forced to sign under duress. Finally, please emphasise the Sri Lankan government’s responsibility in responding to this case, due to Sri Lanka being a signatory to the Convention on the Rights of the Child.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————-

DETAILED INFORMATION:

Name of the victim: Mahesh Kumara, 11-years-old
Alleged perpetrators: Police personnel from the Wattegama Police Station
Date of the incident: 9 and 10 February 2005
?lt;br />Case details:

On 6 February 2005, Mahesh Kumara was playing with his friends in his school playground. Mahesh and a friend of his, Bandara, were having a play fight when Bandara fell to the ground and hurt his head. The principal of the school sent Bandara to a nearby hospital to have the injury checked. The principal also informed Mahesh’s father of what had happened and the father went to visit Bandara in hospital.

On February 8, the principal tried to bring the two parents together to discuss the matter. However, when they met, Bandara’s parents demanded a sum of money to settle the issue, which Mahesh’s father could not afford. As a result, the parents left the meeting, with the issue still unresolved.

On February 9, a police officer who is related to Bandara and his family, took Mahesh and his father to the Wattegama Police Station. After arriving at the station, Mahesh’s father was told to go to Bandara’s house and return with him to the station. However, when Mahesh’s father arrived at Bandara’s house, his parents refused to let him go saying that the matter would be settled by a police sergeant who was a relative of the family.

At 8.30pm that night, a police constable at the Wattegama Police Station presented Mahesh with a written statement and asked him to sign it. When Mahesh’s father objected to the statement, because he was unaware of its contents, the constable threatened the father saying that if he wished to see his son again he should get Mahesh to sign it. Thus the statement was compiled without Mahesh or his father’s input and was then signed by Mahesh under duress.

Thereafter, Mahesh was detained overnight at the Wattegama Police Station, where he was subjected to abuse, foul language and threats by the police sergeant who is the relative of Bandara. The following morning, Mahesh was produced before a court, where criminal charges were laid against him. The court granted him bail and he currently awaits sentencing.

Mahesh’s family is deeply concerned by the treatment of the Wattegama Police towards their son. They accuse the police sergeant of using his influence and personal connections to help his relatives by having false charges laid against Mahesh. The family, therefore, urges local authorities to investigate this matter, to ensure protection to the rights of minors in the country, and to bring justice to Mahesh and the police personnel responsible for his detainment.

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

 

 

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