SRI LANKA: A young man is illegally detained for more than 3 years, tortured and laid with fabricated charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Soriyamoorthy Givoshan (25) was forcefully recruited into the LTTE when they threatened to abduct his sister. At the end of the conflict he surrendered himself to the government forces and has been held in various detention facilities for the last three years. He states that he has been tortured and laid with fabricated charges.

CASE NARRATIVE:

Mr. Soriyamoorthy Givoshan (25) is a resident of No: 99, Udaya Nagar West, Killinochchi. At the time of the incident Givoshan was a student living with his parents and his brother and sister when he was forcefully recruited by the Liberation Tigers of Tamil Elam (LTTE) in 2007. The LTTE cadres told his father that if Givoshan was not handed over to the organization then his sister would be abducted. Due to heavily armed LTTE cadres and the fear of severe punishment Givoshan was not able to leave the organisation and attend to his schooling.

However after he was abducted by the LTTE his father disappeared and it was believed that he had been abducted by the Army. He remains missing to-date. Givoshan’s only sister was a law student until last year at the University of Colombo but she had to give up after the second year due to financial difficulties. His only brother was also arrested by the police and was released on conditional bail; he is forced to sign at the police station every Sunday.

At the last stages of the war in early 2009 along with many others Givoshan surrendered himself to the Army at Omantha in Jaffna District in Northern Province on the 18 May 2009.

After he surrendered Givoshan had to sign some papers as did others who surrendered to the military authorities. But he did not know the content of those documents and they were not read to him. He was then placed in a rehabilitation camp in Vavuniya for four months where he was visited by the ICRC during the time.

However he was often taken to Colombo for inquiries during the period of rehabilitation. The rehabilitated cadres were ordered to be released but there was a delay on the part of the officials. Since the Army officers were questioned about the delay in releasing the rehabilitated youth, the Army officers have handed some of them to the police with the reason of further investigation.

Givoshan was handed over to the officers attached to the Katugastota Police Station on the 18 September 2009 and was detained at the police station. He was often tortured and questioned by the officers of Terrorist Investigation Department (TID) of Sri Lanka Police regarding of his involvement with the LTTE. He was blindfolded and beaten while being questioned. He was forced to sign a large number of papers the content of which he knows nothing about.

Givoshan was finally produced before the Magistrate of Kandy on the 14 June 2010 and was accused of aiding and abetting the LTTE.

Several days later Givoshan learned that the police officers have filed 4 more cases at Panvila Magistrate Court against him. He further learned that the next calling date for those cases as 2 February 2012. The cases numbers as,

B/ 274/2008
B/ 275/2008
B/ 276/2008
B/ 398/2008

Again he learned that three more cases have been filed in the Magistrate Court of Kandy against him. Those cases are supposed to be call on 3 February 2012. The cases numbers of those cases as,

B/5292/2008
B/4847/2008
B/4583/2008

Several days later he learned that one more case has been filed in the Magistrate Court of Dambulla which is supposed to be call on 2 February 2012. The case number was B/110/2008.

Several days later he learned that yet another case had been filed in Magistrate Court of Matale and is scheduled to be call on 3 February 2012. The case number was B/110/2007.

Givoshan clearly stated that he is vehemently denied those cases for any involvements. He further states that he has never taken part in any terrorist activity in any part of the country at any time other than being forcefully adducted and trained by the LTTE. He further states that he have never visited these areas, Kandy, Panvila, Matale or Dabmulla before.

He states that he is being victimized and being used by the police officers without making proper investigations. He states that his rights have been violated by the state’s authorities. He further states that he has been continuously detained more than 3 years.

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 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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