SRI LANKA: Continued detention of an innocent man for four years despite a release order from the court 

Dear friends,

According to information the Asian Human Rights Commission (AHRC) received Mr. Thangaraja Ramesh Kumar (32) has been detained by the law enforcement agencies of Sri Lanka for more than four years despite the fact that the High Court ordered his release. After his arrest he was transferred from one police station to another until finally being handed over to the Terrorist Investigation Division (TID) of Central Province. In all police stations he was severely tortured.

To ensure that he would remain in remand the TID officers presented him in several courts under different charges. As each charge was only good for 30 days they kept presenting him before magistrates to renew his remand. Finally when one judge cleared him of the charges he was held under and ordered his release the police continued to hold him on another fabricated charge.

This case is emblematic of the crisis that now faces the Sri Lankan police force, where a lack of accountability and professionalism has allowed detained thousands of detainees without trials to become standard. Once a credible independent investigation has found out how these events were possible, effective reforms must be brought into force.

CASE NARRATIVE:

Mr. Thangaraja Ramesh Kumar (32) of No: 654, Wijesirigama, Digana, Rajawella in the Kandy District has been detained by the law enforcement agencies of Sri Lanka even despite the fact that the High Court ordered his release more than four years ago.

Ramesh Kumar, was illegally arrested when he was 28-years-old, just after his brother, Nanda Kumar was arrested by the police officers attached to the Criminal Investigation Division (CID) in Kandy, working along with the Headquarters Police Station of Kandy. Ramesh was a three-wheeler driver at the time of his arrest.

Ramesh was arbitrarily arrested at around 2:30pm on April 19, 2008, by five police officers at a park in Aluthwatta in Digana town, Kandy. At the time of arrest Ramesh was not given any reason or shown a warrant. Later he was accused of being a terrorist which Ramesh repeatedly denied. The police took him to their police station and later transferred him to the Katugasthota Police Station on April 26. Then he was handed to the police officers attached to the Terrorist Investigation Division (TID) of the Central Province.

After two years Nanda Kumar was released in August 2010 however Ramesh Kumar is still detained in the remand prison for no reason even against a judicial order.

After the arrest Ramesh was severely tortured by the police officers while he was detained at the various police stations. Following that Ramesh learned that police officers attached to the Terrorist Investigation Division (TID) of Central Province conducting investigations into the several incidents that happened in the Central Province at that time.

He further learned that while TID officers were engaged in investigating these incidents they had arrested several hundred Tamil youths on mere suspicion because they were ethnically Tamil Ramesh believes that he was also arrested for that reason.

First the TID of the Central Province detained Ramesh under the detention order No: DM/ER/2008/638. Since police officers had to produced Ramesh before the Magistrate once in every 30 days the TID of the Central Province produced the Ramesh to the Magistrate of Kandy under B/ 4802/08 on 29 July 2008.

Ramesh states that this case against him contained fabricated charges. In this case Ramesh was accused for aiding and abetting terrorist activities. Ramesh vehemently denied this charge.

Thereafter since the detention order expired the TID of the Central Province produced Ramesh again to the Magistrate of Kandy on 17 August 2008 under B 4802/08 and extended his remand.

Then Ramesh was again produced to the Teldeniya Magistrate’s Court under B 466/06 by the TID of the Central Province and remanded under that case also.

The incident and the offence alleged to have been committed by the suspect which was explained in that case, according the documents which were filed by the police at the Magistrate’s Court, did not falls within the jurisdiction of Teldeniya Magistrate’s Court. However, the officers of the TID of the Central Province produced Ramesh to the Teldeniya Magistrate’s Court as the remand order issued by the Kandy Magistrate’s Court under the case No B 4802/08, was about to expire.

Later Ramesh leaned that the extracts of these two cases had been forwarded to the Attorney General’s Department (AGD) under Reference No: EER/107/2009 by the TID of the Central Province to consider the case for further legal proceedings against Ramesh.

Later Attorney General filed indictment against Ramesh and it was registered in the High Court of Kandy under the case No: HC 45/11. When the case was called before the High Court of Kandy Ramesh consulted his lawyers regarding the case filed against him.

They advised Ramesh that the AG has only accused him for aiding and abetting terrorist activities. Further they advised Ramesh that if this case proceeded to trial it will take another five years or more for the concluding the trial and finally for the judgment and Ramesh would have to remain in prison until its conclusion.

The lawyers advised Ramesh to plead guilty to the charges as then the judge of the High Court would consider the remand time period that Ramesh has already spend in prison and mitigate his punishment.

Ramesh pleaded guilty to the chargers on 18 October 2011 and the judge released him with a suspended sentence.

However, although he was released by the judge the prison authorities did not released him. His relatives inquired for the reason from the prison officials and it transpired that the suspect, Thangaraja Ramesh Kumar, is still being remanded under case No: B 4802/08 by the Magistrate of Kandy.

Thereafter the legal counsels representing Ramesh made an application before the Magistrate of Kandy for his release. Then the police officers appeared before the Magistrate, attached to the Terrorist Investigation Division of the Central Province conceded the fact that Ramesh’s case has been dealt by the High Court of Kandy under case No H.C.45/11.

At the same time the police officer informed the court that this matter have been referred to the AGD for his advice by letter dated 12 November 2011 under reference No. ATB/CR/OW/1353/2011 by them. Further this matter was communicated to the Senior State Counsel who dealing with this case by letter dated 25 November 2011 under reference No ATB/CR/OW/1409/2011 and the police is waiting for a reply by the AG.

The family members of Ramesh states that this matter had been already considered by the AG long before he was indicted at High Court. The police officers have submitted all the extracts against Ramesh to the Attorney General. The AG considered all those facts and cases and there are no other matters to consider that can prevent his release from the detention.

Ramesh states that even after the judge of the High Court of Kandy released him the police officers still want to keep him in detention and that is the reason for making unnecessary request to the AG.

Ramesh further states that the police officers attached to the Terrorist Investigation Division of the Central Province arbitrarily detaining him to prevent his release so that he can seek justice against his illegal arrest, detention and the severe torture he suffered.

Ramesh appeals for immediate release and redress for the rights violations that he suffered for the period of more than four years.

SUGGESTED ACTION:
Please call for a thorough, legitimate investigation of the case and for those proven responsible to be brought before a court of law. An investigation would need to thoroughly examine the lack of respect for the individual rights for the innocent victims who are under prolong detentions in Sri Lankan Prisons and Detention Camps. Legal redress must now be promptly provided. Please also call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of the high ranking police officers in the district particularly cases like these.

The AHRC has written to the Chairman of the United Nations Working Group on Arbitrary Detention informing him of this case.

To support this appeal, please click here:

 

 

To support this case, please click here: SEND APPEAL LETTER