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Seya case: Police handling of teenage suspect draws fire
View(s):The public focus on the Seya Sadewmini rape and murder case this week shifted to accusations of police brutality, prompting a police probe and sparking widespread condemnation from human rights activists and officials.
Police Chief N. K. Illangakoon has ordered an investigation into the alleged assault on a 17-year-old schoolboy and a 32-year-old man taken into custody in connection with the sexual assault and murder of four-year-old Seya, a senior police officer said.
Following the order Western Province Senior DIG Pujith Jayasundara has begun the investigation into the complaint by the teenager and the man that they were severely assaulted and stripped naked by the Kotadeniyawa Police while they were under interrogation.
They were taken into police custody by the Kotadeniyawa Police in September in connection with the horror that took place at Akarangaha, Badalgama in Kotadeniyawa.
However, on Thursday (October 1) they were released by the Minuwangoda Magistrate when their DNA samples submitted by the Criminal Investigations Department (CID) did not match those obtained from the child’s body and the site where the body was found.
Child rights activists have questioned the need for brutal interrogation tactics when the two men’s responsibility for the crime could easily have been ascertained by DNA tests.“The primary human rights of these two individuals were violated in this case.
They were severely assaulted and stripped naked at the police station,” their lawyer said. He added that he was told by the 17-year-old that the police photographed them while they were naked.
Following their release, the two were admitted to the Gampaha District Hospital for treatment and a medical checkup.
Meanwhile Minuwangoda Magistrate D. A. Ruwan Pathirana ordered the police to send the laptop, recovered from the home of the 17-year-old youth, to the Moratuwa University for further examination. A report will be sent to the CID and a copy of it to the Kotadeniyawa Police.
Human Rights Commission chairman Prathiba Mahanama said the rights of the two had been relentlessly violated, especially that of the 17-year-old schoolboy.
He said that his privacy, dignity and educational rights were violated by the police when they arrested and detained him.
“He was only a suspect.
He was put in a cell where individuals who had committed serious crimes were detained. There was a possibility for him to be negatively influenced by them,” he said, adding that the student could obtain a medical report to prove that he was physically and mentally tortured and take legal action against the respective police personnel.
He also said that the police have no right to arrest a person for the possession of pornographic material.
“There are laws stating that children cannot be used for production, sales or transfer of pornography. But the laws are not properly implemented in Sri Lanka. Also there are no laws to prosecute individuals who watch this content,” Dr. Mahanama said.
He said that when a person under the age of 18 is found watching and possessing pornography he should not be exposed and humiliated but helped to recover from the addiction.
He said however in most instances he is shunned by society and this causes more harm than good. Dr. Mahanama also said it was important to introduce sex education in schools.He also said tough media laws were needed to prevent suspects from being portrayed as criminals.
“Though there are ethical guidelines formulated for the media they are not being followed,” he said, adding that to rectify the damage done to the student his school mates, teachers, neighbours and relatives should help to rehabilitate him so that he can continue his activities.
A 32-year-old man who was staying in Ingammaruwa close to Badalgama confessed to the crime last week. He will be produced at the Minuwangoda Magistrate Courts tomorrow.
Four-year-old Seya was found dead by a canal on September 13. She was missed by her parents the previous day. Kotadeniyawa Police with the aid of Katana and the Divulpitiya Police organised a search operation to find the child. On September 17 the CID took over the case.