SRI LANKA: An innocent man has been detained for almost four years on false terrorism charges 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Thankshanamoorthy Selvakumar (24) of Algultenna Division, Alkaduwa in Matale District has been detained for 3 years and 8 months on false accusations that he has participated in terrorist activities. After the illegal arrest and interrogation of several Tamil youths Mr. Selvakumar was picked up by officers attached to the Terrorist Investigation Division (TID) of Kandy Headquarters Police Station. At the time of the arrest he was not given any reason nor was he shown an arrest warrant. He was told that he was being taken in for questioning and would be released later that day. However, to-date he has remained in detention where he has suffered severe torture and was forced to sign false documents. Please insist the authorities to release the victim from the prolonged arbitrary detention immediately. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Thankshanamoorthy Selvakumar (24) of Algultenna Division, Alkaduwa in Matale District has been detained for 3 years and 8 months on false accusations that he has participated in terrorist activities. Mr. Selvakumar used to work as a three-wheeler driver. His father worked as a labourer at the Algultenna Estate, and he has one younger brother.

During August 2008, several Tamil youths (none of whom had committed any crimes) were arrested and tortured by the police in the Matale district. Several days after these arrests, on 16 August 2008, Mr. Selvakumar was arrested by police officers attached to the Terrorist Investigation Division (TID) of Kandy Headquarters Police Station at Elakaduwa town in Matale. At the time of the arrest, Mr. Selvakumar was not given a reason for the arrest, nor was he shown an arrest warrant issued by a court of law. Mr. Selvakumar asked the officers why he was being arrested, and he was told that he was being taken in for questioning and would be released later that day. However, he was then detained at the Kandy TID branch for almost 4 months.

After Mr. Selvakumar was brought to the TID branch, he was severely tortured by TID officers for several days. Later, he identified several of the officers who tortured him, these included officers by the name of Tennakoon and Ranaweera. According to Mr. Selvakumar, he was hung from the ceiling and beaten with cricket wickets and poles. He was repeatedly asked about his involvement with terrorist organizations, and details of his terrorist activities, which he vehemently denied. The officers who tortured him forced him to admit to transporting explosives to the town of Dambulla for terrorist activities. Mr. Selvakumar categorically denied that he had done this. He clearly stated that he has never been involved with any terrorist activities, nor is he aware of any terrorist organizations.

The police officers who tortured him also forced him to sign several blank pieces of paper. Since the officers did not explain the consequences of signing these documents, Mr. Selvakumar refused to sign. However, out of fear of further torture and imminent death, Mr. Selvakumar signed the documents. He is not aware of what the officers did with those documents, and is not aware of the contents of those documents today.

Despite numerous requests, Mr. Selvakumar was not permitted to speak with a senior police officer who could explain the consequences of signing the documents. After several days, he complained of a severe headache and body pain, which he believes was due to the torture he endured. He was not permitted access to medical facilities and professional help. If he had been given such access, his physical and psychological condition after the torture could have been documented.

Later, he was transferred to Balagolla Police Station where he was detained for another five and a half months. During his detention at the Balagolla Police Station, he was further tortured and questioned. He was finally produced before the Magistrate of Kandy on 21 April 2009 and was remanded at the Bogambara Remand Prison where he is detained in this prison to the present day.

Before Mr. Selvakumar was produced before a court of law, he was permitted to see someone who claimed to be a medical doctor. He told this person of his aches and pains and of the torture he underwent. During the session, the TID officers stood beside him. No treatment has been provided, and Mr. Selvakumar continues to suffer from the effects of the torture.

Mr. Selvakumar states that he was illegally arrested, detained and subjected to cruel and inhuman treatment by police officers without any legitimate reason. He is still in detention in Bogambara Remand Prison. This is a violation of his fundamental rights enshrined by the Constitution of Sri Lanka. Mr. Selvakumar seeks justice for the repeated violations of his rights.

While in remand prison, Mr. Selvakumar learnt that the TID officers had framed fabricated charges against him, accusing him of transporting explosives and destroying a transformer. He has categorically denied any involvement in and knowledge of these incidents. Furthermore, prison officials informed him that he will be produced before the High Court of Kandy on 24 April 2012 where his case will be tried. Indeed, the Attorney General has filed an indictment against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). Mr. Selvakumar categorically states that he has never participated in any terrorist activities, and believes that the Attorney General has prepared an indictment on the basis of the fraudulent documents prepared by the TID officers.

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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