[child-rights] Sri Lanka: Court issues leave to proceed in severe child torture case

PRESS RELEASE
Asian Human Rights Commission -- AHRC
AHRC-PL-14-2003

Embargoed for Release:
Friday, 19 September 2003
At: 08:00 GMT

For more information, please contact:
In Hong Kong, Basil Fernando: +852-2698-6339

Court issues leave to proceed in severe child torture case

(Hong Kong, 19 September 2003) - The Supreme Court of Sri Lanka has
yesterday issued leave to proceed in a case of child torture by the police
resulting in severe permanent damage to the victim's spinal cord and arms.

This July, Mr Chamila Bandara, 17, was detained and severely tortured by
the Ankumbura police. His case was brought to public attention through an
Urgent Appeal issued by the Asian Human Rights Commission on August 11.

Mr Bandara has testified that, "My hands were swung behind my back and my
thumbs tied together with string, and then they put a rope between my
thumbs and hung me from a ceiling beam. One officer pulled the rope so that
I was lifted from the ground. When I was lifted, my hands were twisted at
the elbow and they became numb."

Mr Bandara added that while he was in the air, "The OIC [Officer in Charge]
kept hitting me on my legs and soles with a cricket stump." He also alleged
that police officers later sat on his spinal cord.

Doctors at the Peradeniya Teaching Hospital have declared that the torture
has rendered Mr Bandara's left arm permanently useless, and the other
disabled. According to medical reports, his spinal cord has also been
seriously damaged.

Attorney at Law Mr W R Sanjeewa lodged the Fundamental Rights application
in the Supreme Court on Mr Bandara's behalf. The respondents in the case
have been given two weeks to file an answer. The case is fixed for argument
on December 1, 2003.

The full text of the affidavit is attached. The Urgent Appeal issued on the
case may be found on the Asian Human Rights Commission's website, at:
<http://www.ahrchk.net/ua/mainfile.php/2003/497>.

Asian Human Rights Commission - AHRC, Hong Kong


AFFIDAVIT OF MR CHAMILA BANDARA IN THE SUPREME COURT OF SRI LANKA

I Bulugahaelley Gedara Chamila Bandara Jayaratne of No. 1 66 Godahena,
Dolapihilla, being a Buddhist do hereby sincerely, truthfully affirm and
declare as follows:

1. My mother is Rathnayaka Mudiyanselage Prema Suranji Kumarihamy Ekanayake
of No. 166 Godahena, Dplapihilla.

2. I am a citizen of Sri Lanka, 17 years old, and just completed my
ordinary level education in school.

3. I state that due to the torture suffered by me at the hands of the
respondent police officers attached to the Ankumbura Police Station. I have
permanently lost the use of my left arm. The specific form of torture that
lead to this injury is described in paragraph 1 2 of my affidavit. I have
been informed of this permanent loss to me on the 19th of August 2003 by
the hospital Authorities of the teaching Hospital Peradeniya.

3. On 20th July 2003 at around 4.30-5.00pm, one of the Graama Arakshakas in
civil attached to the police station Ankumbura came to the house where my
family and I were living.

4. At that time there was no one else except me in the house. Then the
Graama Arakshaka asked me to come with him and taking the key from me
Graama Arakshaka closed the house, and put the key into slanting pocket of
my trousers. Then I was taken to a place where a police jeep was waiting.

5. Then the police officer, whose name was later learnt to be Sergeant
Premasiri, took hold of me and gave me several blows, saying, "You have
scolded someone who has helped us to catch some thieves." I was hit hard on
the face and the body about ten times. Then I was handcuffed by the
Sergeant Premasiri.

6. When I was taken to the police jeep, I saw one of my cousins, (named
Upali) who had also been brought to that place by a police officer. Two of
the officers in the jeep were in uniform. One police officer kept the butt
of a gun on Upali's head and said, "you tell the truth, other vise we will
kill you" One boy by the name Bandula Pathmakumara, (14 years old), was
already in the police jeep. We were then taken to the Ankumbura police
station. We got to the police station at about 6pm.

7. The Sub-Inspector of Police Seneviratna of the same police station held
me, bent my head, and hit me very hard on my spine. Then he hit me on my
face with his boots and pushed my head against the wall. '

8. I was taken to a hall inside the police station, and the handcuffs on
one hand was removed and clipped to a bed.

9. I was verbally abused in crude language and was told by the same police
officer that he, the officer would come at about twelve at night and if I
didn't tell the truth, he would teach me a lesson.

10. The next day at about 9 in the morning (2lst July, 2003), the officer
in charge of the police station came to where I was and told me to tell the
truth or I would be assaulted. When he said this, the officer who initially
arrested me was also present.

11.1 I was then taken to another place where there was a bed, and the
officer-in-charge (OIC) asked me to remove my shirt and lie face down on
the bed. There were several officers present, including the ones who were
there at the time of 'the arrest. One person, whose name was not known to
me, and who was not wearing a uniform, sat on my back. Someone held tight
onto my legs. Then the OIC and another officer hit the soles of my feet.
The OIC hit me with a stump (used in cricket) and the other officer hit me
with a cane. I was told to reveal the thefts I had done. I said that I
didn't know anything about any theft. Even after that, I was continuously
hit on the soles of my feet. Then petrol was put into a polythene bag and
poured out, after which the polythene bag was tied onto my face. Then I was
told that if l didn't tell the truth, I would be burnt. I was hit for about
one hour more. I was told to get off the bed and to keep jumping, but
because l did not jump high enough, the OIC hit me with a pole. I said that
I .; didn't know about any thefts. Then the OIC said that no one knew that
you were arrested and, called out, "let us kill him." Then he told the
others to hang me from the beam of the ceiling.

12.Then my hands were swung behind my back and my thumbs tied together with
a string, and then they put a fiber string between my thumbs and hung (me)
from a beam on the ceiling. One officer pulled the fiber string so that I
was lifted from the ground. When I was lifted, my hands were twisted at the
elbow and they became numbed. Then the OIC kept hitting me on my legs and
soles with the cricket stumps. He hit me on my thighs, and while hitting me
in this manner, he asked me who my friends were. Because of the extreme
pain I was experiencing, I said "One is Roshan Deepal and the other is
Saliya." Because of the unbearable pain I said "though I did not do any
thefts I am willing to admit anything." Then he asked the police to take me
down and to untie me. The OIC said "That won't do. Till you tell. us about
all the thefts you have done, one by one, we will keep you hanging - we
will tie a stone on your legs."

13.The OIC asked me whether or not I went to remove the water pump at
Kahatagastenna. Then the OIC asked whether I had participated in the theft
from the house near the Muslim Mosque. Because I did not want to get more
beatings, I said 'yes'. Then the OIC asked me where I had sold the water
pump. I said "to the DSI shop at Pujapitiya." This was not true, because I
had never done anything like that, but said that I had only answered
because of the unbearable pain. I further said that I stated that some
shirts which had been given to me by my uncle and a watch I myself had
bought were stolen goods out of fear and pain. And there was an incident
where one Asela had given me some jewelry for mortgaging in order to get
some money to take his wife to hospital. These and the other crimes I
mentioned to escape this unbearable situation.

14. The police officers then told me that they would take me to a jewelry
shop at Ambathanna. I was told that I should say that two rings and a chain
had been stolen by me and given to the third jewelry shop. I was then taken
down, one hand put in handcuffs, and put on a bed. After about half an
hour, four police officers put me and another person in a jeep and took us
to Saliya and got Saliya also into the jeep. Saliya asked me why I did all
this and I did not say anything. Then we were all taken to Ambathenna. The
police pointed towards an unknown person and told me to say that I had
given the stolen items to him.

15. I was again threatened tbat I would be hung up by one hand. Then I did
as I was told. Although I didn't know the person at all, that person was
also taken to the police station. This person was put in a police cell and
Saliya was put on a bed. I later learned that Roshan was also brought to
the police station. I was brought face to face with these persons and asked
whether they had also engaged in the robberies. Because of fear, I did not
dare to answer. Also on that day, l was handcuffed and told that I could be
made a state witness if l said that the other two had committed the thefts.
I was told not to tell anyone that the police had beaten me up. If a doctor
asked me, I was asked to say that my hands got tied to handcuffs and have
become numbed. I was told that if I mentioned anything about the torture,
there would be trouble in the future. The OIC said that "everything is m
our hands" and "don't get things messed up."

16. On 25 July between 6 and 7 pm, one old man came and put ointment on my
hands and Sergeant Gunasena and another person were present at that time.
That night I was put inside the police cell. On 26 July, the same person
put ointment on me again. That day, they also tied some medicinal herbs on
my hands. On 27 July, Upali, Saman, Saliya, Bandula and me had our
fingerprints taken. After that, we were made to sign in the middle of a
page with four or five empty pages. I then signed as Chamila. At about 6pm
we were all taken near the Ankumbura Government Hospital and while we
waited in the police jeep, police officers went to see the doctor and
brought some papers back to us. We were not taken to the doctor.

17.We were later taken to the magistrate's official house, which is near
the Kandy lake. The police told the magistrate something and then we were
taken to the Bogambara prison where Saliya and Upali were detained.

18.Three others and I were taken to the remand prisons at Rajaveediya
(King's Street). When I was admitted to the prison I informed the prison
authorities about the injuries I had suffered at the hands of the police
and requested treatment. i was given some tablets but no medical
examination was done. I was also not kept in the prison hospital.

19.0n 30th July, 2003 1 was brought to the Magistrate Courts of Kandy and
Mr. Nanda Senanayaka, an attorney-at-law, appeared for me. I was given ten
thousand rupees surety bail and was ordered to go to the Ankumbura police
and sign my name every Sunday.

20. On 31 July, I was admitted to General Hospital in Kandy and was under
treatment for six days in wards 10 and 18 under the bed- head ticket number
81793 the doctors told me that a nerve in my left hand had been pulled. I
told the doctors that I had been beaten up by the police. My legs were
swollen, my hands were numb, and I had headaches. On leaving the hospital I
was advised that injuries on my left shoulder due to the pulling of a nerve
is likely to have a permanent effect and I was asked to go to the General
Hospital Colombo for physiotherapy .The X rays of my arm and head were
taken. The copies of the X-rays and the medical examination card were
handed over by the hospital authorities to be taken to the General Hospital
when attending for Physiotherapy. The X rays are marked as P2a, P2b and
P2c, and the hospital record~ indicate P2d and P2e. On the day that I was
admitted to the General Hospital in Kandy, the presence of the Sergeant
Gunasena at the hospital till 3 p.m was noticed by me.

21. Furthermore I state that when I went to the police post of the General
Hospital of Kandy to make a complaint about the torture I suffered at the
hands of the police officers in Ankumbura, the request was refused and I
was asked to make the same at the Ankumbura police station.

22. I learnt that my mother became aware of my arrest only on the 22rtd of
July morning when she returned from her father's house at Pujapitiya. On
the22nd of July at around 9 a.m when she arrived from Pujapitya, Kularatne
Mudalali the owner of the near-by-boutique told her of the arrest of me by
the police on the 20th of July. At the same time a police jeep stopped near
where she was and inside the jeep she found me. She asked me why I was
arrested and I said I did not know. When she asked a police officer who was
there, the reason for the arrest, he chased her away and said that to
inquire from the Officer in charge of the Police station who had gone
towards our house. She walked towards our house and on the way meets the
officer in charge coming with another boy. My mother inquired the reason
for the arrest and the sergeant Gunasena who was known to her as a neighbor
said that I have stolen a sarong from a neighbor and aricanuts from that
sergeant Gunasena's property. Sergeant Gunasena asked for the sarong and my
mother gave him the only sarong which was a torn Batik sarong. My mother
gave this to the police officers.

23. I learnt that on the 23'd of July accompanied by a mother of two
arrested children and the wife of another man arrested by the Ankumbura
Police, my mother sought permission to see me and the other children. The
police officers spoke to them in vulgar language and chased my mother and
the others without allowing them to see us.

24. I learnt that from the 23'd of July up to 27th of July my mother came
to see me at the police station but she was not allowed to see me. The
police officers took the food she had brought to me and had said that it
will be delivered to me.

25. On the 28TH of July my mother saw me at the remand prisons. Iwalked
with great difficulty. My left arm was hanging lifelessly when my mother
asked me what had happened, I said that the police officers assaulted me
and that I cannot move my hands. I also told my mother that there were
several wounds in my body. I was kept in the remand prison at night despite
my being a minor.

26. On the 701 of July I made complaints in writing to the National Police
Commission the 8ff' Respondent, the Human Rights Commission of Sri Lanka
the 9th Respondent and to the Attorney General the 7th Respondent.

27. 0n 1 July of August I was admitted to the Teaching Hospital of
Peradeniya and at the time of making this Application I was warded in that
Hospital. I have been advised that I will have to undergo an operation due
to the injuries I have suffered at the hands of the police officers.

28. I learnt that on the 13th of August 2003, while I was taking treatment,
the 3rd respondent sergeant Premasiri came into the ward where I was taking
treatment and asked me to make a statement. I recognized clearly that this
respondent was one of the persons who tortured me at the Ankumbura Police
Station. I told him to get the permission of the hospital authorities to
get a statement. Then the 3'd respondent left the hospital premises without
obtaining the aforesaid
statement.

29. I categorically states that at the time of arrest I was not informed of
the reason for arrest. During the period of 8 days I was kept in the police
custody at the Ankumbura Police station where l was asked to reveal thefts
I had done but was never informed of or accused of any particular theft or
any other specific offence.

30. I state the 6th respondent is responsible for all the violation .of
Fundamental Rights mentioned in this application due to his inability to
take preventive actions to avoid such violations and by his failure to take
disciplinary action after the violations have taken place. (Refer to the
decision of the case Gerald Perera SCFR 32812002)

31 . I state that the two Respondents National Police Commission and
National Human Right Commission have been added to this petition since they
have been informed of the complaint regarding the treatment received at the
hands of the police by me and since the reports of investigations that
these respondents may have made are relevant to the present application
made to Your Lordship's Court.

32. I Chamila Bandara state that the following rights guaranteed to me by
the Constitution have been violated by the Respondents.

i)The right against Torture under Article 11 of the Constitution;

ii)The failure to provide immediate medical protection to me already
severely injured by 21st of July within the premises of the Ankumbura
Police Station which amounts to cruel and inhuman treatment under article
11 of the Constitution.

iii) The fifth Respondent, the Superintendent of Prison has violated the
right guaranteed under article 1 1 by not providing me immediate and
adequate medical treatment while I was in remand custody.

11legal arrest by not informing the reason for my arrest by the arresting
officers, they have violated the right guaranteed under 13 (1) of the
Constitution of Sri Lanka.

Illegal detention by the detaining me from 20th to 27TH July at Ankumbura
Police Station by the 1st to 4th respondents have violated my rights
guaranteed under 13(2) of the Constitution of Sri Lanka. Furthermore by
detaining me, a minor in the remand prison my right guaranteed under Art.1
3.2 has been violated.

The first Respondent as the Officer-in-charge of the Police station is
responsible for all the violations mentioned above due to his direct
involvement as well as in his official capacity; as the officer in charge
to provide protection to all the persons who have been arrested and
detained in his charge. .

33. I respectfully states that the grave violations under the Article 11 of
the Constitution amounts to a grave crime under the Convention on Torture
and Other Cruel Inhuman and Degrading Treatment or Punishment Act NO 22 of
1994.

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