SRI LANKA: A man is detained by the TID on fabricated charges to prevent him from revealing the torture he endured

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Sundaramani Sivakumar (36) was illegally arrested and detained by the Terrorist Investigation Division at the Kandy Headquarters Police Station where he was forced, under torture and threats to his life to sign blank pages. The officers then later filed fabricated charges to keep him in prison for almost five years to prevent him from revealing the torture he endure.

This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Sundaramani Sivakumar (36) of Hunnasgiriya Estate, L.M.O. Division, Elkaduwa, Ukuwela in Matale District was a helper at a Rice Mill in Anuradhapura. He has two younger brothers. One works in a shop in Colombo and the other works at the Hunnasgiriya Estate. He grew up in the same Estate and went to a school in Wattegama. His parents were employed at the Estate.

In 2003 he married Ms. Manimala who was from the Rathwaththa Estate and in 2004 became the father of his only son Wasantha Kumar. In 2007 his wife went to Jordan as a housemaid and returned in 2009.

On 8 August 2008 while Sundaramani was working at the rice mill he received a message from his father-in-law to present himself as soon as possible at the Kandy Headquarters Police Station to make a statement.

Ten days later, (18 August 2008) his father-in-law accompanied him to the Kandy Headquarters Police Station and they were directed to go the Terrorist Investigation Division (TID) at the same police compound. After he entered the division the officers arrested him and detained him at the TID office. Neither he nor his father-in-law was given any reason for his arrest. He was not accused of committing any crime. Earlier in July 2008 his father -in-law organized a meeting for the estate staff about security and a number of police personnel attended this meeting and he believes this was the reason for his arrest. He was continuously detained there for a period of 3 months and during his detention in the TID Division he was severely tortured by the officers. Finally he was forced to sign blank pages the purpose of which was not explained to him by the officers. He was threatened with death and due to fear of his life and further torture he signed the blank sheets.

Sundaramani was later produced in Matale Magistrate’s Court on a fabricated case and detained at Raja Veediya Remand Prison in Kandy for 6 months. He was released by Matale Magistrate from that case, however, he was again produced in Panwila Magistrate’s Court with another fabricated case and detained at Bogambara Prison. Sundaramani denies the charges and he states that he is innocent. He further states that police filed cases for the incidents which were not known to him at anytime.

The TID officers then filed one after another case and at present he is the accused in four cases. He states that all these cases are fabricated charges which the TID officers are filing against him to prevent his release from custody. He believes that the officers want to keep him in prison to prevent him from revealing how he was severely tortured at the TID office.

For one such fabricated case, B/955/08, at Magistrate’s Court of Matale in 2011, he pleaded guilty and was fined Rs 10.000.00 and released from that case. He decided to plead for this case as he had spent several years in prison and if he pleaded not guilty and continued with the trial he would have to stay in the prison for a few more years due to the case delays in the court system in Sri Lanka.

Two cases are now pending before the Kandy High Court and another case in Panwila Magistrate’s Court. He denies all these cases.

The parents of Sundaramani believe that their son is being detained with fabricated charges. Sundaramani states that he has now been in detention for 4 years and 11 months without any reason. He further states that he is among hundreds of other detainees who have been detained without any charge. He also states that his all the rights were deprived by the law enforcement agencies and his fundamental rights guaranteed under the constitution of the country have been denied. He appeals for justice.

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 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.

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