SRI LANKA: A young man is illegally arrested, detained and held in prolonged detention for two and half years

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Suranjiv Chrishantha Fernando (21) of Elkaduwa Estate, Elkaduwa in Matale district was illegally arrested and severely tortured by the police officers attached to the Terrorist Investigation Division of Kandy Headquarters Police Station on 16 August 2008. Later he was sent to Bogambara Remand Prison, where, two and a half years later he is still incarcerated. Following the torture he endured he was accused for committing terrorist activities which he totally denied and forced to sign documents prepared by the officers the contents of which were never explained to him. He denied the charges of terrorism but was then charged in three different Magistrate Courts with fabricated cases. To date the cases are still pending and the victim is waiting to prove his innocence. Due to undue delays in court proceedings the victim continues to suffer in prison. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission has received Mr. Suranjiv Chrishantha Fernando (21) of Elkaduwa Estate, Elkaduwa in Matale district was arrested on 16 August 2008 and later subjected to severe torture. Detained on fabricated charges he has been imprisoned in Bogambara Remand Prison for two and a half years which is a clear violation of his fundamental rights guaranteed by the constitution of the country.

Chrishantha’s father, Mr. David Fernando is employed in a civil society organization in the district and his mother is working as a child development officer of the Elkaduwa estate. Chrishantha has two elder brothers, one is a teacher by profession and the other one migrated abroad for work. Chrishantha also wishes to go abroad for employment.

At the time of arrest of Chrishantha was running a communication shop in Ratwatte Laliambe close to Ukuwela. As a young man Chrishantha wanted to establish a good life and wanted to earn more for his future. Even though he was able to run the communication shop he decided to migrate following in his elder brother’s footsteps to better his life.

When was trying to find an agency to arrange an employment opportunity he learned that Mr. Muttusami Kannah, another villager, was also preparing to migrate to Malaysia for employment and he asked for his support. Kannah went abroad in late year 2007 and promised to make arrangements for Chrishantha as soon as possible.

In August 2008 Chrishantha received a working visa for Malaysia and a job opportunity to work in the hotel sector. He prepared to migrate to his new job with enormous hopes.

Then on the 16 August 2008 group of officers attached to Terrorist Investigation Division (TID) of Kandy Police came to his house at around 9.30 am. At that time Chrishantha’s parents were not at home.

First the officers asked for the elder brother who is the teacher, then the officers asked for Chrishantha. Chrishantha was arrested by the officers who did not give any reason for his arrest. The officers merely told him that they needed him for questioning but did not elaborate.

Chrishantha’s elder brother informed their father of the incident by telephone. He also identified the arresting officer as Sunil Yatawara of the Kandy TID division. Then Mr. David, Chrishantha’s father immediately went to the main road where the police jeep was parked and he was able to see how his younger son was sitting on the rear seat. Mr. David was able to speak to his son and was able to give him some biscuits and water.

When Mr. David asked the reason for the arrest of his son the officers told him to come to the TID branch of the Kandy Headquarters Police Station. He went there by 2 pm on the same day. The officers of the TID branch informed him that Chrishantha was arrested on suspicion but did not revealed any specific charge. The officers observed that Mr. David had arrived by motorbike and they asked the ownership of the bike. Then he explained the ownership and when he said that he and on some occasions Chrishantha also used the bike the officers asked David to leave it at the police station. However, Mr. David kept the bike and went home.

After Mr. David left the station the police officers attached to the TID branch started to torture Chrishantha severely. While torturing the officers interrogated him on many crimes of which he had no knowledge. Chrishantha continuously denied all the allegations. According to his parents, Chrishantha was subjected to torture and questioning in a similar manner for a week. The torture and interrogation started in the early morning and continued until the evening. Later Chrishantha was transferred to the Haguranketha Police Station and was detained there.

Chrishantha was accused of being friendly with Kannah for several terrorist activities including setting a bomb at Nawayalantenne railway line, destroying a transformer at Wattegama and various other fabricated charges. He explained clearly that Kannah only supported him for getting him visa for his employment in Malaysia. He totally denied all the accusations. Eventually he was forced to accept and sign documents which were prepared by the officers of TID but he denied the contents. Chrishantha states that he vehemently denied and was totally unaware of the charges made against him.

On the 2 May 2009, he was produced in Magistrate Court Teldeniya for the case of B/398/2008, Magistrate Court of Matale for the case of B/954/2008 and Magistrate Court of Kandy for the case of B/5292. Chrishantha states that all these cases are fabricated charges filed by the officers of TID.

Chrishantha is still detained in Bogambara remand prison and has been there for a period of more than two and a half years. He states that none of these cases have been taken up for trial by the courts. Chrishantha states that he has been denied his right to prove his innocence before the courts as the prosecution is delaying the filing of the charge sheet and the necessary legal steps. He states that he was illegally arrested, detained, severely tortured and not treated equally before the law. Further he claims that his right to have a fair trial and right to be regarded as innocent until proven guilty was denied as he was tortured and subjected to prolonged detention without being granted bail.

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 arrest, illegal detention, torturing, filing fabricated charges 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 officers and for mis-prosecution. 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 illegally in favor of private parties.

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 and to the Chairperson of the Working Group on Arbitrary Detention of United Nations Organization on this regard.

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