SRI LANKA: A torture victim is detained for 3 years without trial 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Surendra Rajan of Matale has been in remand prison without being charged or even informed of the reason for his arrest for three years. His problems began when he was asked to pay compensation by his employer, a government minister, after he had an accident driving the minister’s car. Illegal arrest and detention and being laid with false charges is common in Sri Lanka as is the police acting on behalf of rich or influential persons. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Surendra Rajan (30) of No: 2/E/2, Aluvihara Road, Dikkiriya Watte, Matale was a three wheeler driver and was married to S. Mallika with whom he had a daughter.

He hired the three-wheeler from its owner and worked in the Slave Island area. He was living with his uncle who had a house in the location. Later he was employed as the driver of Minister A. Thondaman and due to an accident, Suvendra was asked to pay compensation which he could not afford. Therefore he had to leave his employer and go back to his profession as a three wheeler driver.

On the 26 August, 2009 around 9 people came in plain clothes whom he believed to be from the Terrorist Investigation Division (TID). They arrested from his house in Matale. His wife and the 4-year-old daughter were present there at that time. When asked for the reason for the arrest the officers told the wife that Minister Thondaman had lost some of his belongings from his residence and therefore Suvendra has to make a statement. They assured her that following the statement he would be sent back. However, he never returned.

Suvendra’s wife and his parents searched for him for one month in all the nearby police stations. It was finally 40 days after his arrest that they were informed by a telephone call from an unknown person that Surendra was detained at the Colombo Harbour Police Station.

When the parents and the wife went to the Colombo Harbour Police Station to see him, the police officers denied that he was detained there. Then they made a complaint to the head office of the Sri Lanka Human Rights Commission (HRCSL) in Colombo. After and HRCSL officer gave them a letter which they presenting at the station they were allowed to see Surendra.

Surendra was later taken to Galle Port Police Station, detained there for few days and from there to Ambalangoda Police Station where he was detained for a week. At this police station he was severely tortured day and night and questioned as to whether he had links with terrorists.

Surendra was also forced to sign blank papers which he did out of fear of further torture and harassment. He was finally produced before the Magistrate of Fort and remanded at Magazine Remand Prison. Since then he is being produced in Colombo Magistrate Court and Fort Magistrate Court every two weeks.

During the recent riots at the prison, Surendra was shifted to Kalutara Remand Prison and once again brought back to the Magazine Prison. Surendra has now been detained since 2009 without being brought to trial. He was never given medical treatment by a doctor even though he regularly complains of severe headache due to torture. He says that his head was beaten repeatedly after he was bathed in cold water; he was also hung from the ceiling and his legs were beaten.

Surendra states that still he does not know the reason for his arrest and has never been told of any charges laid against him in any court.

Surendra’s wife was also questioned during the last 3 years on different occasions. She was even taken to the notorious 4th floor of the Criminal Investigation Department (CID) in Colombo and as a result she now suffers from depression for which she is being treated at the Matale General Hospital. She has to attend the clinic every month. Surendra’s mother and his brother were also taken in for questioning in Matale and in Colombo by the police officers.

Surendra’s mother does domestic chores to earn the living as Surendra’s wife cannot be employed.

Surendra and his family members say that Surendra was detained for no reason to please the politician (Minister Thondaman) thereby denying him his fundamental Rights.

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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