SRI LANKA: A man was falsely charged when he refused to be a witness in a fabricated case 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Santhan Stanys Ramesh (33) was falsely charged by officers of the TID in a fabricated case when he refused to become a witness on their behalf. He was subjected to degrading treatment and remains in detention at the Anuradhapura Remand Prison. The filing of fabricated charges is nothing new in the law enforcement institutions in Sri Lanka. Indeed it is a common complaint and while it mostly affects the underprivileged it is not uncommon for persons from all walks of life to be affected by this blatantly illegal act of the authorities.

CASE NARRATIVE:

Mr. Santhan Stanys Ramesh (33), of Anthoniyar Puram, Illuppaikadavai, Mannar is a fisherman by profession. His father died when he was young and Ramesh had to help his mother bring in money by engaging in hard labour. In 2007 the cadres of the Liberation Tigers of Tamil Elam (LTTE) forcefully abducted him and recruited him into their organization. He was forced to undergo training as did many young people of his age group were forced to do.

Finally in early 2009 Ramesh was able to leave the LTTE and rejoin his family. He worked as a labourer and helped his mother for their livelihood. Later he married.

When the government forces intensified the war against the LTTE in the Northern Province Ramesh and his family had to move to different places for security. The inhabitants of the Northern Province lived in an LTTE control area and were forcefully brought from place to place by the LTTE cadres. In the final stages of the war, when they were in Mathalan in Mulathive District, they were asked by the army to surrender, if they had being with the LTTE even for a day. Hence Ramesh surrendered to the Sri Lanka Army on 21 April 2009 along with his wife. Since she was expecting a baby, she was released and Ramesh was taken to a KKS rehabilitation camp by the army officers.

On the 15 May 2011 he was brought to Vavuniya camp where he received rehabilitating training by the Sri Lanka Navy and was finally released on the 5 June 2011.

Since his release Ramesh was living with his wife and the son at Anthoniyar Puram when, on 30 June, 2011 he was called to Kandy Terrorist Investigation Division (TID) Branch of the Kandy Headquarters for questioning. He was allowed to leave the same day.

He was again called to the TID on 30 July 2011. On this occasion he was arrested but released the following day.

Once again the TID officers called him on the 28 October 2011. On this occasion the TID officers forced him to be a witness in a case that he had no knowledge of. Ramesh explained to the officers his ignorance about any of the facts they presented to him and expressed his unwillingness to be a witness in the case. On hearing this, the officers shouted at him using obscene language and treated him in degrading manner. They tried to force to comply but he repeatedly refused to do so. When the officers released him he was accompanied to the bus stand and sent home. Ramesh felt that they were intentionally restricting his movements.

Ramesh was once again was asked to come to the TID office in Kandy on 24 January 2012 and on that day also he was arrested. The officers took all his certificates of rehabilitation and release documents. He was detained and produced before the Magistrate’s Court of Nochchiyagama in Anuradhapura District, under the case number B452/06 and was detained at Anuradhapura Remand Prison.

Ramesh states that still he is not aware of the charges filed against him by the TID officers as they were never explained to him, either at the time of arrest or prior to being produced in court. He further states that the TID officers have filed a fabricated charge against him as they wanted him to be a witness in the case where the LTTE attacked the Wilpatthu National Sanctuary. He reiterates that he was neither involved in this attack and knows nothing about it.

Ramesh’s family feels that the officers of TID are trying to use Ramesh to fulfill their obligations of investigations and include him in to cases that he is not aware of. Therefore Ramesh is seeking justice against fabricated charges and unlawful detention.

The filing of fabricated charges is nothing new in the law enforcement institutions in Sri Lanka. Indeed it is a common complaint and while it mostly affects the underprivileged it is not uncommon for persons from all walks of life to be affected by this blatantly illegal act of the authorities.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of the filing of fabricated charges torturing innocent by the Sri Lankan authorities which is illegal under international and local law.

The State of Sri Lanka signed 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 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 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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