SRI LANKA: Innocent man was illegally arrested, tortured and laid with fabricated charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Ramesh Kumar, a casual labourer and owner of a three-wheeler which he used to drive for hire, was arrested at this home by officers attached to the Terrorist Investigation Department (TID) of Sri Lanka Police by while he was at home with his wife.

At the time the TID officers did not inform him that he was being arrested but told him that he has to make a statement at the Kandy TID branch, following which he would be released. However after he was brought to the police station he was detained at the Kandy TID branch for 10 months during which time he was severely tortured.

CASE NARRATIVE:

Mr. Ramesh Kumar (29) is a resident of Ratwatte Lower Division, Ukuwela in Matale District. Ramesh was a casual labourer and owned a three-wheeler which he used to drive for hire. Ramesh is married to Ms. S Gnanasundaree and they have a daughter aged 3 years. On 9 August 2008 Ramesh was arrested at this home by officers attached to the Terrorist Investigation Department (TID) of Sri Lanka Police by while he was at home with his wife.

At the time the TID officers did not inform him that he was being arrested but told him that he has to make a statement at the Kandy TID branch, following which he would be released. However after he was brought to the police station he was detained at the Kandy TID branch for 10 months during which time he was severely tortured.

He was blindfolded and hung from the ceiling. Further according to him, he was taken to a forest and severely assaulted and threatened with death. At one point in time he was produced before a medical doctor and he revealed to the doctor that he had been tortured at the hands of police officers. He explained to the doctor about the pain he suffered to the torture and identified those who assaulted him as police officers, Tennakoon and Yatawara attached to the TID Kandy branch.

Ramash was then detained at the Katugastota Police Station for 6 months and during these days he was brought to Kandy TID unit almost daily for questioning. He was forced to sign several papers at the TID office after severe torture. The content of these documents were never explained to him nor was he allowed to read them. The TID accused him of transporting bombs in his three-wheeler. He was also taken to a Hindu temple by the TID officers and was forced to confess. The TID officers have also threatened to rape his wife and kill her. Due to the fear of his life and further harassments of his wife and other family members he signed the papers.

Ramesh was held at various police stations for more than a year before being produced in court and was remanded at the Bogambara Remand prison on 7 May 2009. Later he learned that officers attached to the TID Branch of Kandy Headquarters Police Station filed fabricated charges against him. These are:

Panwila Magistrate Courts

B/274/2008
B/275/2008
B/398/2008 these cases will be called on the 2 February 2012.

Kandy Magistrate Courts

B/5034/ 2008
B/5292 /2008
B/4847/2008

These cases will be called on the 3 February 2012.

Dambulla Magistrate Court

B/110/ 2008
This case also scheduled to be called on the 2 February 2012.

Matale Magistrate Court

B/938/2008

This case was to be called on the 30 January 2012 according to the prison officers.

Kandy High Court

HC 211/2011
This case is scheduled to called on 5 March 2012.

Ramesh complains of severe headaches and numbness in his hands as a result of torture. He complains that he was never shown to a DMO nor treated by a doctor.

When the ICRC official visited him they registered him as No. 129022. During his time in detention wife gave birth to the daughter.

Ramesh vehemently states that all these charges are fabricated and that he has never committed such crimes. Ramesh is still at the Bogambara Prison since 2009 awaiting trial.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan 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 illegal arrest, illegal detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

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.

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