SRI LANKA: Release a mother and daughter detained illegally

The Asian Human Rights Commission (AHRC) has received information about Ms. JeyaGanesh Pakeerathy, a legal resident of France and her 14 year old daughter JeyaGanesh Pakalvia, a French citizen. Both had been illegally arrested by police officers attached to the Terrorist Investigation Division (TID) of Sri Lanka on 2^ndMarch, 2015 at Katunayake International Airport. They were questioned and produced before a Magistrate in Colombo. The police obtained a detention order and they were detained in the TID Office. 

Pakeerathy’s husband was accused of involvement in LTTE (Liberation Tigers of Tamil Elam) operations, and they demanded to know his whereabouts. Officers accused her of involvement in the LTTE 15 years ago. Officers informed the relatives, unofficially, that they will keep the mother and daughter in detention until they can arrest the husband. 

The relatives demanded the immediate release of the mother and daughter, seeking justice for the violation of their rights by illegally arresting, detaining and harassing them. This case is yet another example of the collapse of the rule of law in Sri Lanka.

CASE NARRATIVE:

Following is information received by the Asian Human Rights Commission (AHRC) about the case of Ms. JeyaGanesh Pakeerathy, a legal resident of France and her 14 year-old daughter JeyaGanesh Pakalvi a French citizen. Both have been illegally arrested by police officers attached to the Terrorists Investigation Division (TID) of the Sri Lankan Police Department. They were later produced before the Magistrate of Colombo and detained under the detention orders issued under the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979.

Mother and daughter came to Sri Lanka on February 3, 2015. Pakeerathy was born in Paranthan in Kilinochchi District, Sri Lanka. The main purpose of their visit was to visit her parents. Her mother is chronically ill with cancer. Her father is seriously ill after a heart attack with attendant heart failure.

JeyaGanesh Pakeerathy is married to a French citizen, Subramaniam Jayaganeshan. Their daughter Pakalvi is currently attending school in France which starts again on March 3, 2015. She came to Sri Lanka with her mother during her school holidays. They are staying at Pakeerathy’s parental home in   Paranthan in Kilinochchi District.

Immediately after arriving and visiting her parents, two police officers attached to the Criminal Investigation Department (CID) came to their home. She was questioned about general information and about her stay in France to which she clearly responded. At this the officers departed.

Then, on February 12, 2015, two police officers from the TID visited their house in Kilinochchi. One officer identified himself as ‘Vijitha Bandara’.

Since Pakeerathy was not at home, her father requested that the officers return the next day. They returned on February 13, questioning her on any connections she or her husband had to the Liberation of Tigers of Tamil Elam (LTTE). Later they recorded her statement. At the end of the meeting, she mentioned that she had an early morning flight on March 2 to return to France. There was no further communication from the Kilinochchi TID officers.

At 2:30 on March 1, 2015, just as Pakeerathy and her family were about to leave for the airport to, TID Officers delivered a letter. They requested that she be present at the TID Office in Colombo the following day at 9.00am. When she mentioned that she had an early morning flight to France on March 2, and would stay on if they would buy her another ticket, no answer was forthcoming.

She proceeded to the airport with a group of her relatives. At the airport, on March 2, the TID officers prevented her daughter and herself from checking in. They were kept under TID custody at the Airport from 2.30 am to 8.30 am.

Her relatives, including 2 small children, remained at the airport but they were not allowed to see her. At 8.30 am on March 2, both were released. They were asked to go to Colombo Fort to the 2^nd floor of the TID Office. Paheerathy, together with her entire entourage, drove to the TID Office, reaching there at 10.15am after a 2 hour drive.

Paheerathy and her daughter were taken inside the building, with the relatives again being asked to wait outside. Around 3.00 pm, they were escorted by the TID officers to Magistrate Court No 5 in Hulftsdorp, Colombo. At this point, Paheerathay’s family contacted a lawyer and asked her to appear for them. As the lawyer was not available that quickly at the Hulftsdorp court complex, she instructed the family to request the TID for a thirty minute delay before producing the two detainees.

The family informed the TID officers that a lawyer was hired, was on the way and she had requested a short delay. But they said that they did not need a lawyer, that they will take care of the matter, proceeding to transport the detainees to the Court. For the third time the relatives were excluded and did not know what was transpiring inside the Court. Later, when Paheerathy exited the Court, she informed her family that the Court ordered them both to remain in TID custody under detention orders.

Paheerathy’s brother was asked to bring some clothes for his sister. At 5.00pm in the evening, a family member, together with the lawyer went inside the TID building. The lawyer requested that Officer Bandara allow her to visit Paheerathy. He refused permission, informing them that they need to get permission in writing from the TID Director. It was explained to him that it was not legal to produce Paheerathy before the court when her lawyer was not present. Bandara said they can detain her without ever producing her before the Courts.

When Paheerathy asked why she was being detained, Bandara said there were two reasons. First, she was a Sea Tiger attached to the LTTE 15 years ago. Second, she was trying to regroup the LTTE in France. As to why the daughter was in custody… the Magistrate had ordered the daughter to stay with her mother. He also said that Paheerathy had lied to the TID, hiding the fact that she was flying out early on the morning of March 3^rd. Furthermore, the family had an appointment with the TID for 9.00am and they arrived at 10.00am. The lawyer tried to explain the actual position of his clients, but he continued to deny access.

Banadara continued that the real reason for detaining Paheerathy was: they wanted to entice her husband, Subramaniam to return to Sri Lanka from France so they could arrest him. The TID believed that he was still working closely with LTTE. Relatives told the officers that the husband will not come back to secure the release of his wife and daughter. It was futile to attempt to catch him, using his innocent family as hostages.

To compile the case, Subramaniam had filed divorce papers against Paheerathy. In effect, he has deserted his wife and daughter, only paying maintenance for their daughter at present. Nevertheless,

Paheerathy is still under detention without any charges laid against her. She fears for her daughter’s life as well as her own. Enough tangible evidence against the TID officers of the Sri Lanka Police Department is being processed to verify the human rights violations against her and her daughter.

Relatives made the statement that Paheerathy and her daughter were illegally arrested, detained and are presently being harassed at the TID office in Colombo, thus violating their rights contained in the Constitution of Sri Lanka. They are seeking justice and protection for her and her daughter.

The Asian Human Rights Commission believes that the fate of Paheerathy is now more vulnerable. A report on the human rights situation in Sri Lanka is scheduled to be presented to the United Nations (UN) Human Rights Council in a few months. This is creating a push and tug situation between the Sri Lankan government and the UN with Paheerathy and her daughter caught in the middle of it

SUGGESTED ACTION:

Please send a letter to the authorities expressing your concern about this case. Request an immediate investigation into the allegations of illegal arrest and the detaining of an innocent woman and her daughter by police officers who denied her justice and an independent inquiry. Please ask the authorities to prosecute those proven to be responsible under the criminal law of the country for misusing the powers of the state. The officers involved must also be subjected to internal investigations for the breach of department orders. Further, kindly request the National Police Commission (NPC) and the Inspector General of Police (IGP) to set up a special investigation into the malpractices of the police officers who were abusing their state powers.

Please note that the AHRC has written a separate letter to the UN Chairperson, Working Group on Arbitrary Detention in this regard.

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