SRI LANKA: An innocent man has been in custody without being charged for three years 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District has been in jail for more than three years without being charged. He was arrested by the Sri Lankan Army who accused him of aiding and abetting the Liberation Tigers of Tamil Elam. Sasikumar has suffered severe torture in the custody of the army in an attempt to force him to confess to being a member of the LTTE. His wife and young child linger in a Displaced Persons Camp waiting for him to be released as to-date, no charges have been brought against him.

There are many similar cases of innocent persons who were involuntarily caught up in the civil war and who, like Sasikumar, remain in prison without being charged.

CASE NARRATIVE:

Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District was employed in a rice mill after leaving school. Sasikumar has six brothers and a sister; his parents still live in Jaffna. He married Vasantharani in 2003 and they have a son who is now seven years-of-age. During the civil war between the Sri Lankan government and the Liberation Tigers of Tamil Elam (LTTE) he, his wife and child were living in Mullativu.

In 1993 Sasikumar was forcefully recruited by the LTTE. Every family had to hand over one member for recruitment otherwise at least one person would be they forcibly abducted. As Sasikumar’s family refused to comply they abducted Sasikumar.

After six months he was able to escape the LTTE and return home. However he was taken again in 2001. Once again he managed to escape and was able to return home in 2004. In 2005 Sasikumar went back to work in the rice mill until his arrest in 2009 by the armed forces of the government.

Sasikumar was arrested by army officers attached to the camp located in Vavuniya district. He was arrested on 16 May 2009 during the final stages of the civil war. He was detained by the army at Vavuniya Kovilkulam Tamil School for four months and later at Kamba Madhu Camp for another six months. Then at Omantha Camp for four months in 2010 and, finally, he was taken to Boosa Detention Camp in May 2011.

In 2012 he was transferred to the Marada Madhu Camp with the promise that he would be released within a few weeks but that did not happen.

Susikumar was severely tortured during his period of detention and told to admit that he aided and abetted the LTTE if he wanted to be released. However, Sisikumar denied the charges.

Despite being in custody for more than three years Susikimar has still not been charged before any court for any crime nor told the reason for his arrest.

Susikumar’s wife, Vasantharani and her son is still in No: AB 37/2, Kadiragamar Internal Displaced Persons (IDP) Camp in Vavuniya and waiting for Susikumar’s release. They are being helped by her sister who is employed in the Vishva Madhu area. Vasantharani calls for the release of her husband and the father of their child if there are no charges against him.

Vasantharani fears that they might bring fabricated charges against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). One of the Sasikumar’s brothers was also arrested but later released.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases in which innocent people have been tortured by the Sri Lankan police. Torture is illegal under international and local law.

The Asian Human Rights Commission received several hundreds of cases where innocent people have been illegally arrested and detained under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). This act has been used by state authorities to conduct mass arrests and detain people indefinitely without producing them before a court of law. Furthermore, this law allows authorities to prosecute the suspects with voluntarily recorded confessions. As a result of these legal provisions, the AHRC has observed hundreds of cases in which suspects who have severely tortured, are forced to sign blank documents or documents which have not been explained to them for use as confessions in court.

The AHRC has issued several Urgent Appeals in recent years calling for justice for the detainees who were illegally arrested and detained under the PTA. The basic principles of rule of law are not respected within the legal system of Sri Lanka. These draconian laws curtail the civil liberties and fundamental human rights of the people of Sri Lanka.

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 making torture a crime punishable with a minimum of seven years and not less than ten years in prison, on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence is found of people being tortured by state officers.

SUGGESTED ACTION: 
Please write 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 victim must be released from the prolonged arbitrary detention immediately. 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 UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Working Group on Arbitrary Arrest and Detention on this regard.

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