SRI LANKA: Two persons disappear in separate incidents

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the disappearance of two persons, one of them a student, in separate incidents in February and May of this year. The student victim was taken by persons who were described as policemen into a white van. The other victim was last seen on his way to a naval camp after an officer had invited him for a party. The whereabouts of these two persons remain unknown.

CASE DETAILS:

CASE 1:

On 1 May 2008, 18-year-old Kathiravelu Sathyawan had gone to a friend’s place where he spent time playing board game, Carrom. Soon after, several persons, who were described later by witnesses as officers from the Criminal Information Department (CID), arrived. They were travelling in a white van and accompanied by another person on a red motorcycle.

At around, 10pm to 11pm, the said officers approached the victim and forcibly took him away towards their van. Kathiravelu’s friends witnessed the incident.

The following day, May 2, Kathiravelu’s friends informed his parents about the incident. At about 5pm, Kathiravelu’s mother, Subramanium Mariamma, went to the Katharagama Police Station to report her son’s forcible abduction and subsequent disappearance. However, the police officer who was on duty seating on the desk had scoffed at her and refused to record her complaint which is in direct contravention of the regulations laid out in the Sri Lankan Police Orders under section C-1, Prosecution of Offenders

i. The law requires every investigation to be completed without delay (Section 131) and as the whole object of a criminal investigation is to elicit the truth and place the truth before Court, the sooner the, evidence of the complainant and his witnesses is recorded by the Magistrate the better. If their evidence is promptly recorded there is far less chance of the parties compounding the case or of the witnesses going back on their original statements to the Police owing to the influence of interested parties.

She was told: “Your son must have eloped with a girl. You can make some inquiries”. The said police officer, too, did not record her complaint.

For several days, from May 3 to 5, Kathiravelu’s parents had repeatedly made a follow up visits to the Katharagama Police Station about their son’s case. However, the police, in contravention of the aforementioned regulation, repeatedly refused to register the complaint on the pretext that their son could have just eloped with a woman. They also did not help them either in locating their son whereabouts or obtaining information about his case.

It was only in May 6 that the police had finally accepted their complaint and allowed her to make a short entry. The police recorded the complaint and had it signed by Kathiravelus’ parents. However, they never allowed the couple to read or explained to them what was written in the police entry.

Prior to his disappearance, Kathiravelu’s parents recounted that there have been several occasion wherein unknown persons, who had introduced themselves as the officers attached to the CID in Katharagama, had come to their house. They asked details about the family, particularly about Kathiravelu.

On May 8, when Kathiravelu’s parents went to the Katharagama Police Station, they were told that some of the police officers had come to their house while they were away. They had conducted searches and took a photograph of Kathiravelu. On the same day also these persons had gone to Janadhipathi Vidyalya where Kathiravelu was studying and had inquired from his school principal about him.

When Kathiravelu’s parents heard that their son had been detained at the Army Camp near the Katharagama Depot, they proceeded to the place but he did not find him there. They likewise did not get any information about him.

Kathiravelu’s parents had already filed a complaint about his forcible abduction and subsequent disappearance with the Inspector General of Police (IGP), District Inspector General (Legal), Senior Superintendent of Police Hambanatota, Officer in Charge of the Katharagama Police, the National Human Rights Commission Sri Lanka and National Police Commission (NPC) and the Special Unit of Ministry of Disaster Management and Human rights.

CASE 2:

It was on February 6 that victim, Joseph Arul Fernando, was last seen on his way to the Kalpitiya Navy Camp. Joseph went there after he had been requested by one of the Navy personnel to join a party for his daughter’s birthday.

From his home, Joseph was carrying some bottles of alcohol and some small food for the party which was supplied to him by his brother’s wife, Varuni. However, since then Joseph has not returned home. When inquiries were made with the navy personnel, they denied that there was a party although they had acknowledged that they had requested a party.

However, there was information that two days after Joseph disappears, he was seen inside the Navy Camp. Meanwhile, some of the Navy officers had also begun extorting money from Joseph’s family in exchange for his release. Wanting to get him back, on February 28 and 29, Joseph’s family has decided to pay over Rs 150,000 to these persons. However, even after paying though they never produced Joseph or revealed his whereabouts.

On February 8, Joseph’s family made complaints regarding his disappearance with the Kalpitiya Police Station; the National Human Rights Commission in Colombo on February 8 and 13; the Ministry of Human Rights on February 12 and Police Headquarters on May 12.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into the disappearance of these two men. The authorities must exhaust all means to locate these victims and ensure that the security forces involved are subjected to an investigation.

The AHRC has also written to the UN Working Group on Arbitrary Detention and Enforced or Involuntary Disappearance calling for their intervention.

Furthermore, the Ministry of Human Rights and Disaster Management has introduced a Disappearances Hotline, the numbers for which is: 94 11 2676513 and 94 60 2119246 and family members and friends are encouraged to make reports to this office.

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