SRI LANKA: Seven Tamil detainees hospitalised after severe torture by the prison officials inside Bogambara Remand Prison

Dear friends, 

Tamil detainees in Bogambara Prison were severely tortured by the prison officials on 14 June 2011. They were threatened that they would face the same difficulties as Kuttamanni and Thangathurai, two former detainees who were killed. The prison officials later admitted the seven detainees to the Prison Hospital at Bogambara Prison. Neither the police nor prison officials have initiated an independent investigation into the incident yet. Justice has been denied to the victims. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received, seven Tamil detainees in Bogambara Remand Prison in Kandy were severely tortured by prison officials on 14 June 2011 inside the prison premises. 

Following a dispute which happened between two groups of Sinhalese prisoners several officers came to the prison to investigate the matter. This dispute was due to a territorial argument as both groups selling drugs in the prisons compound. 

While the prison officials were carrying out their investigation they started to torture Tamil detainees in the remand prison who had no connection what-so-ever with the dispute. The particular detainees have been held for several years without being charged due to delays in the judicial system. The officers abandoned their investigation and started to torture these detainees, threatening that they would face the same difficulties as Kuttamanni and Thangathurai, two former detainees who were killed some years ago. The incident pertaining to their deaths became nation-wide news at the time. The prisoners were bleeding from their injuries and suffering greatly from pain. The prison officials admitted all seven detainees to the Prison Hospital for treatment. 

To-date, the prison authorities have paid no attention to the incident and no investigation into the violations of the detainee’s rights has been instigated. 

Furthermore the police also, have not made any effort to investigate these brutal attacks. While prisoners can make complaints within the prison itself they are not permitted to make complaints to the outside authorities. The Headquarters Police Station of Kandy is situated in close proximity to the location where the incident took place. The Headquarters Inspector of Police (HQI) of the said police station is supposed to initiate an investigation on any incident which endangers the lives of detainees but he has ignored his official duties. 

The details of the detainees who were tortured as follows: 

1. Ramaia Rubachandiran (38) of Walaygala, Kandy father of three who was arrested on 13 May 2008 
2. Weersami Sivasubramaniyam (35) of Rathwatta, Matale who is a father of two and arrested on 10 August 2008 
3. Ganasean Pushparaja (29) of Lindhula, Hatton a father of one child and who was arrested on 21 September 2008 
4. Ramaiya Thevarasa (34) of Putu Kudiyeruppu who was arrested on 1 June 2009 
5. Vishwanadan Rameshkumar of Ratwatte, Ukuwala who is a father of one child and arrested on 9 August 2008 
6. Velu Yogarasa (24) of Marugola, Ukuwela who was arrested on 9 August 2008 
7. Fernando (25) of Ukuwella, Thalawakala who was arrested on 16 August 2008. 

All the prisoners are waiting for justice for the violation of fundamental rights of them. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent persons by different state agencies including prison and police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing by the prison perpetrators, and the prosecution of those proven to be responsible under the criminal law of the. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the prison department. 

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

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