SRI LANKA: Two more innocent men have been detained for almost three years without being charged

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Sivapalan Pradeepan (28) of Batticaloa was arrested shortly after his brother-in-law by officers of the Terrorist Investigation Department. After being assured that he would be released after a statement was taken from him Sivapalan was sent to the CID offices where he was detained for one week during which time he was severely tortured. He has now been in remand for three years and at no time has he been informed of the charges against him. This case is yet another illustration of how the law enforcement authorities are arresting innocents and remanding them, most likely for the purpose of boosting their arrest record.

CASE NARRATIVE:

Mr. Sivapalan Pradeepan (28) of No 24, 1st Cross Street, Koolawaddy, Batticaloa lived with his two sisters and his father who was engaged in carpentry work in Killnochchi. Several years ago Sivapalan followed in his father’s footsteps and took up carpentry work after he left school. Sivapalan married Ms. Ajantha in 2006 and after their marriage they also lived in Batticaloa.

Sivapalan’s brother-in-law Anthoni Amaladas (28) was arrested by the Terrorist Investigation Department (TID) but was later released.

He was arrested a second time on 14 October 2009 during the closing stages of the civil war between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE). He was arrested around 6.00 am and soon after his arrest, the TID arrested Sivapalan at 6.30 am.

At the time of arrest Sivapalan was not given any reason nor shown any warrant issued by any court in the land. Sivapala was surprised by the arrest as he had never engaged in any crime. Sivapalan questioned the arresting officers respectfully in an attempt to find out if he had been wrongfully identified.

Then the officer who identified himself as Saman Palitha attached to the TID assured him that he would be released within three days after a statement was recorded from him.

Sivapalan was then taken to the 4th floor of the CID compound in Fort, Colombo where he was detained for one week during which time he was severely tortured and his leg was badly injured.

Sivapalan was then transferred to Boossa Detention Camp and finally produced in the Magistrate’s Court of Colombo on 4 February 2010 and was remanded at the New Magazine Prison in Colombo. The language spoken in the hearing was Sinhala which he does not understand. Sivaplan states that he does not know any reason for charging him before the Magistrate. He further states that he knew nothing about the veracity of the charges level against him by the officers of TID. To-date, none of the officers have given any reason for his arrest or detention or producing him before the Magistrate.

Sivapalan’s wife Ajantha believes that the only reason Sivapalan was arrested was because her brother Anthoni Amaladas was re-arrested. She states that Sivapalan had no connection whatsoever with any illegal activity at all. Furthermore Ms. Ajantha states that Sivaplan never had any connection to the LTTE or any of its activities or members.

Ms. Ajantha lives with her parents in Batticaloa whom she is looking along with their daughter Abitha who is now 5 years of age. Ajantha and Abitha await the release of Sivapalan.

However the case filed by the officers of TID against Sivapalan, No: B/ 647 was called on the 21 August 2012 before the Magistrate’s Court and was postponed. Both Sivapalan and Ajantha aver that the TID officers have filed a fabricated case against him.

Ms. Ajantha who is not employed finds it difficult to travel to Colombo to see Sivapalan as she depends on her parent’s income. Further the daughter of Anthoni Amaladas, Daraniya (7) also lives with Ajantha. Anthoni Amaladas is also remanded at the New Magazine Prison in Colombo

Ms. Ajantha categorically states that Sivapalan and Anthoni Amaladas were arrested for no reason and detained for the last three years without an indictment.

Sivapalan states that although he is produced before the Magistrate of Colombo the TID or the Attorney General has not yet filed any proper charges against him.

Sivapalan fears that the TID officers might bring fabricated charges against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA).

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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