SRI LANKA: An innocent man has been detained for two months by the TID without being produced in court

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Balasundaram Jeyamagudam (32) was illegally arrested, detained and severely tortured by Terrorist Investigation Division (TID) officers for two months without being produced in court. He is married and has a son aged 6. Balasundaram was never involved in the any of the activities of the Liberation Tigers of Tamil Elam (LTTE). It was to everyone’s surprise when Balasundaram was arrested on 13 January 2013, four years after the civil war ended. His wife, Anne Catharine, believes that the TID officers and the military arrest people even now and promote the idea that the LTTE is being resurrected in order to justify their presence in the north. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Balasundaram Jeyamagudam (32) of No: 72/1, Indian Housing Scheme, Ponnagan Central, in Kilinochchi District was illegally arrested, detained and severely tortured by Terrorist Investigation Division (TID) officers for two months without being produced in court. Balasundaram has two brothers and one sister and his parents are still living. He was a casual worker and married Anne Catharine on the 16 September 2006 few years before the civil war ended. They have a son aged 6 and they lived happily. 
Balasundaram was never involved in the any of the activities of the Liberation Tigers of Tamil Elam (LTTE). However to everyone’s surprise Balasundaram was arrested four years after the civil war ended, on 13 January 2013, this year, at his residence.

Officers of the TID who came to his residence at around 9.30 pm told him that they only needed to get a statement from him. However he was then detained at the Vauniya TID office. As Balasundaram did not return home his wife Anne went in search of him at the TID office. Initially, she was refused permission to see him. Since then she has only been allowed to see him twice.

Balasundaram was interrogated at the TID office at length and severely tortured in an effort to force him to admit that he was with the LTTE even for a day. He vehemently denied the allegation. Due to the severe torture Balasundaram was injured and bleeding heavily and therefore he was taken to Vauniya General Hospital for treatment. 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 23 January 2013 and he is still detained at that facility. Balasundaram has never been produced in court.

Initially, Anne was not allowed to see her husband Balasundaram at the Colombo TID office, the TID officers asked her to bring a letter from the Grama Sevaka (GS-village level state officer) but the GS refused to do so and it was only after pleading with them that Anne was allowed to see him. According to Anne Catherine, Balasundaram was 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 which he has refused repeatedly. Anne Catharine is expecting a baby and she has no parents as both dies during the war and she has no income to look after the son. Further, Anne says that the TID officers and the military arrest people even now, in order to justify their presence in the north and further tell the people in the South that the LTTE is being resurrected. Anne feels that the arrest, detention and the torturing of Balasundaram is totally unacceptable as he had nothing to do with the LTTE and has never been involved with any illegal activities. Balasundaram and his wife seek justice for the violation of their rights.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases in which innocent people have been tortured by the Sri Lankan police. Torture is illegal under international and local law.

The Asian Human Rights Commission received several hundreds of cases where innocent people have been illegally arrested and detained under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). This act has been used by state authorities to conduct mass arrests and detain people indefinitely without producing them before a court of law. Furthermore, this law allows authorities to prosecute the suspects with voluntarily recorded confessions. As a result of these legal provisions, the AHRC has observed hundreds of cases in which suspects who have severely tortured, are forced to sign blank documents or documents which have not been explained to them for use as confessions in court.

The AHRC has issued several Urgent Appeals in recent years calling for justice for the detainees who were illegally arrested and detained under the PTA. The basic principles of rule of law are not respected within the legal system of Sri Lanka. These draconian laws curtail the civil liberties and fundamental human rights of the people of Sri Lanka.

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 making torture a crime punishable with a minimum of seven years and not less than ten years in prison, on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence is found of people being tortured by state officers.

SUGGESTED ACTION: 
Please write 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 victim must be released from the prolonged arbitrary detention immediately. 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 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.

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