SRI LANKA: The arrest, detention and torture of an innocent man by officers of the Vavuniya and Colombo TID

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-131-2013
ISSUES: Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about Mr. Balasundaram Jeyamagudam who was arrested by the TID on the charge of being associated with the LTTE four years after the civil war ended. Mr. Balasundaram had never had any connection with the LTTE and his wife believes that the reason for his arrest, and that of other innocent victims, is to justify the continued presence of the TID and the army in the north. He has been detained since January 2013 and tortured to confess that he was with the LTTE.

CASE NARRATIVE:

Mr. Balasundaram Jeyamagudam (32) of No: 72/1, Indian Housing Scheme, Ponnagan Central, Kilinochchi has two brothers and one sister and his parents are still living. He was a casual worker and married Ms. Anne Catharine on 16 September 2006, a few years before the civil war ended. They have a son aged 6 and they lived happily together.

Balasundaram never became involved with the LTTE. However, to everyone’s surprise he was arrested on 13 January 2013, at his residence, four years after the civil war ended. The Terrorist Investigation Division (TID) officer who came to his residence at night around 9.30 p.m. told him that they needed to get a statement from him. However he was then detained at the Vavuniya TID office. As Balasundaram did not return home his wife Anne went in search of him to the TID office. Initially she was not allowed to see him but later she was allowed to visit him only twice.

Having questioned Balasundaram at the TID office at length and severely tortured him, he was forced to accept that he was with the LTTE for a day at least, which he has refused. Due to the severe torture, Balasundaram was injured and was bleeding and therefore he was taken to Vavuniya Hospital for treatment but his wife was not allowed to see him at the hospital. Having tortured him for 10 days in Vavuniya, he was brought to the Colombo TID office on the 23rd January 2013, where he is still detained. Initially Anne was not allowed to see her husband at the Colombo TID office. The TID officers asked her to bring a letter from the Grama Sevaka (GS) on his good behavior and character but the GS refused to provide it and it was only after pleading with them that Anne was allowed to see him.

According to Anne Catherine, Balasundaram has been severely tortured. He was beaten with poles, slapped and TID officers stood on his chest until he was injured and fainted. He was forced to accept that he was with the LTTE and sign documents.

Anne Catharine is expecting a baby and she has no parents as both died during the war and she has no income to look after the son she is expecting. Furthermore, Anne says that the TID officers and the military continue to arrest people even now, in order to justify their presence in the north and further tell the general public that the LTTE is coming up again. Anne feels the arrest and the torture of Balasundaram are totally without reason as he had nothing to do with the LTTE. Balasundaram has been tortured and detained since January 2013 for no reason.

SUGGESTED ACTION: 
Please write to the Sri Lankan authorities expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing by the TID perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of the state. The victim must be released from the arbitrary detention immediately.

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.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: The arrest, detention and torture of an innocent man by officers of the Vavuniya and Colombo TID

Name of the victim: Balasundaram Jeyamagudam of No: 72/1, Indian Housing Scheme, Ponnagan Central, Kilinochchi
Alleged perpetrator: Police officers attached to the Terrorist Investigation Division (TID) of Vavuniya and the Colombo TID office
Date of incident: 13 January, 2013 
Place of incident: Vavuniya and Colombo TID offices

I am writing to express my serious concern over the case of Mr. Balasundaram Jeyamagudam (32) of No: 72/1, Indian Housing Scheme, Ponnagan Central, Kilinochchi and to request an investigation into this complaint. Balasundaram has two brothers and one sister and his parents are still living. He was a casual worker and married Ms. Anne Catharine on 16 September 2006, a few years before the civil war ended. They have a son aged 6 and they lived happily together.

Balasundaram never became involved with the LTTE. However, to everyone’s surprise he was arrested on 13 January 2013, at his residence, four years after the civil war ended. The Terrorist Investigation Division (TID) officer who came to his residence at night around 9.30 p.m. told him that they needed to get a statement from him. However he was then detained at the Vavuniya TID office. As Balasundaram did not return home his wife Anne went in search of him to the TID office. Initially she was not allowed to see him but later she was allowed to visit him only twice.

Having questioned Balasundaram at the TID office at length and severely tortured him, he was forced to accept that he was with the LTTE for a day at least, which he refused. Due to the severe torture, Balasundaram was injured and was bleeding and therefore he was taken to Vavuniya Hospital for treatment but his wife was not allowed to see him at the hospital. Having tortured him for 10 days in Vavuniya, he was brought to the Colombo TID office on the 23rd January 2013 where he is still detained. Initially Anne was not allowed to see her husband at the Colombo TID office. The TID officers asked her to bring a letter from the Grama Sevaka (GS) on his good behavior and character but the GS refused to provide it and it was only after pleading with them that Anne was allowed to see him.

According to Anne Catherine, Balasundaram has been severely tortured. He was beaten with poles, slapped and TID officers stood on his chest until he was injured and fainted. He was forced to accept that he was with the LTTE and sign documents.

Anne Catharine is expecting a baby and she has no parents as both died during the war and she has no income to look after the son she is expecting. Furthermore, Anne says that the TID officers and the military continue to arrest people even now, in order to justify their presence in the north and further tell the general public that the LTTE is coming up again. Anne feels the arrest and the torture of Balasundaram are totally without reason as he had nothing to do with the LTTE. Balasundaram has been tortured and detained since January 2013 for no reason.

I demand justice for Mr. Balasundaram Jeyamagudam for the repeated violations of his rights and I request your urgent intervention to ensure that the authorities instigate an immediate investigation into the allegations of illegal arrest, arbitrary detention and torture by the TID officers and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Sarath Palitha Fernando
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
National Police Commission 
3rd Floor, Rotunda Towers 
109 Galle Road 
Colombo 03 
SRI LANKA 
Tel: +94 11 2 395310 
Fax: +94 11 2 395867 
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary 
Human Rights Commission of Sri Lanka 
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-131-2013
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,