Dear friends,
The case against Mahesh Ranaweera (12) was finally concluded 17 August 2006 at the Panwila Magistrates Court. Mahesh had been illegally arrested and detained by the Wattwgama police after being accused for deliberately assaulting and injuring his class mate Harsha Bandara in the school playground in February 2005 while they were playing (See further: UA-35-2005).
The case went on for one and a half years and Mahesh had to attend courts on 14 occasions without going to school. The case was initially called at Panwila Circuit Court then transferred to Teldeniya Magistrate’s Court and later once again transferred to Panwila Court.
Mahesh was accompanied to court today by his father, Mr Sajeewa, Ms Sandamani (lawyers), Fr Nandana, Ms Chammika and Patrick and Moses of the support group.
When the case was taken up on August 17 for trial, the complainant Harsha Bandara appeared in court for the first time and the police stated that the he and Mahesh are friends, still study in the same class and Harsha does not want any compensation and is not interested in proceeding with the case.
Mahesh was arrested on 6 February 2005 and produced before the Magistrate on February 9. He was then released on bail. He was called to the mediation board 5 times and had to go to court 14 times and finally the case was settled at the request of the prosecution. On previous occasions the Magistrate wanted Mahesh to plead guilty but his lawyer Mr Sanjeewa opposed this and requested for trial. Hence the trial was fixed for the 17 September 2006.
Meanwhile, Mahesh and his family had to go through the agony of the ineffective and defective Justice system in Sri Lanka. Mahesh was just 11 year-old student of Walala Maha Vidiyalaya (school) when he was arrested and he was sent for social reformation on 3 occasions which was not lawful. Hence this case proves the unlawful practices of the police. The police officer Chandrasekara (PC No.: 20536) of Wattegama police station is the uncle of Harsha (the complainant) and arbitrarily used his authority to punish Mahesh. Mahesh had to sacrifice his studies due to the corrupt practices of the Sri Lankan police and the inefficient judiciary.
The students associated with the AHRC’s local network group called the Human Rights Media Resource Center (HRMRC), Kandy, wrote 500 letters to the Attorney General, the Minister of Justice and to the Inspector General of Police on behalf of Mahesh. The AHRC had also issued an urgent appeal UA-35-2005 against the illegal detention of Mahesh and for his fabricated charges. After the appeal has been issued, several local newspapers also carried articles on the story of Mahesh, calling for justice and citing the convention of child rights. However the National Child Protection Authority has failed in their responsibility.
Fr. Nandana Manatunga of the HRMRC sent an email to the AHRC and expressed his thanks to the AHRC as well as the defence lawyers, support group members, the People Against Torture (PAT), the students and all those who stood by Mahesh and his family.
The AHRC also thanks you all for your support in this case.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
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