SRI LANKA: Former soldier arrested and arbitrarily detained for more than three years 

Dear friends,

Mr. Saman Sampath Rajapakse (34) of No: A/182/24, Adurapotha, Kegalle was working as a soldier attached to the Commando Regiment of Sri Lanka Army. At the request of his family members, he resigned from the service and began work as painter. Soon after he became a painter, he was arrested by a team of police officers and brought to the Petta Police Station. He was then handed over to the Criminal Investigation Department where he was severely tortured and forced to sign a number of blank papers. The Criminal Investigation Department (CID) officers have filed two cases against him under the Prevention of Terrorist Act which he has vehemently denied. Mr. Saman has been detained without trial for more than three years. He believes that his arrest and arbitrary detention is retribution for his resignation from the army.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) has received, Mr. Saman Sampath Rajapakse (34) of No: A/182/24, Adurapotha, Kegalle was a soldier attached to the Commando Regiment of the Sri Lanka Army. He was married to Ms. Jayanthi Wickramasinghe with whom he had two daughters. At the request of his family members, Saman resigned from the Army and began work as a self-employed painter.

On 5 February 2008 as Saman was doing his work, he was arrested in Rambukkana by a number of police officers who had arrived in a white van. They claimed to be from Colombo. Saman was brought to the police station in Colombo and then handed over to the Petta Police Station, where he was detained for almost two weeks. The reasons for his arrest and detention were never revealed to him.

Mr. Saman was then handed over to the Criminal Investigation Department (CID) of Sri Lanka by the Petta Police Station on 26 February 2008. As he was being transferred, he was told that he was being detained for further investigations. He was detained for over a year at the CID office in Colombo. During this time, he was questioned and severely tortured on a regular basis. He was hung from the ceiling, covered with an empty petrol bag and severely beaten. He was refused medical treatment. The police officers questioned him about a Tamil woman named Vadani. Saman clearly stated that he had no knowledge of such a woman. He was also accused of attempting to murder Ministers Keheliya Rabukwella and Ranjith Siayabalapitiya; accusations which he denied. He explained that he had never committed a crime, and maintained that to his knowledge, a legal complaint had never been filed against him. Mr. Saman categorically denied all the allegations laid against him. He said that the police officers refused to reveal motives, facts or circumstances surrounding these supposed crimes.

The CID officers forced Saman to sign a number of blank papers for reasons that were not explained to him. He explained that he signed because he was afraid that he would be tortured if he did not sign the papers. He was refused legal counsel or the opportunity to speak with a senior police officer about his situation. He was not produced before any doctor or any senior police officers or judicial officer before signing the blank papers.

Saman was produced before the Magistrate of Colombo and remanded at the Colombo Remand Prison on 29 January 2009. Later, he learned that he had been accused of committing a crime under the Prevention of Terrorism Act, but a detailed chargesheet had yet to be filed. He also learned that the CID officers had filed two cases against him; one in the Magistrate Court of Kegalle under case No: B/1197/11 and another in the High Court of Kegalle under case No: 3059/11. He is to appear before a judge for both cases on 8 May 2012. Soon after, Saman was transferred to Bogambara Remand Prison. His remand number is No: 658.

Mr. Saman believes that he was arrested and arbitrarily detained by the CID officers as punishment for resigning from the Army. He has been detained for more than three years. He calls for his immediate release and the guarantee of his basic rights enshrined by the Constitution of Sri Lanka.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of innocent people being tortured by the Sri Lankan police at different police stations across the country. These acts are illegal under national and international law.

The Asian Human Rights Commission has received several hundred cases wherein innocent people were illegally arrested and detained under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). This act is used by state authorities to conduct mass arrests and indefinitely detain people without legal counsel. Further, this law allows authorities to prosecute suspects with voluntarily recorded confessions. As a result of these legal provisions, the AHRC has observed hundreds of cases of people who were severely tortured so that they would sign blank papers which were later used as confessions in court. The rule of law is not respected in Sri Lanka. These draconian laws, particularly the PTA, curtail the civil liberties and fundamental human rights of the people of Sri Lanka.

Sri Lanka signed and ratified the CAT (Convention Against Torture) on 3 January 1994. Following state obligations, Sri Lanka adopted Act No. 22 of 1994. This law adopted by the Sri Lankan parliament makes torture a crime that is punishable for a minimum of seven years and maximum of ten years if the suspect is proven guilty. The Attorney General of Sri Lanka is supposed to file indictments in cases where credible evidence is found of torture by state officials.

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 National Police Commission and the Inspector General of Police to have a special investigation into the malpractices of the police officers for abusing 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 requesting his intervention.

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