SRI LANKA: School principal was illegally arrested, tortured and indicated with fabricated charges by the TID

Dear friends, 

Mr. Madasamy Vishwanadan (42), was the principal at Rosella Tamil Maha Vidiyalaya. When his mother died in 2008 he informed his brother who lived in Kilinochchi but the man failed to attend the funeral. However, his nephew was able to come and he stayed a few days in Vishwanadan’s home. On his way back to home the nephew was arrested by the police. Then officers of the Terrorist Investigation Division (TID) arrested Vishwanadan on 19 April 2008 and detained him at the TID office, Colombo. Later he was severely tortured and forced to sign a document prepared by the officers the contents of which were not explained to him. Then he was transferred to Boossa Detention Camp and then remanded at Walikada Remand Prison and Bogambara Prison. Presently Vishwanadan has been indicted before the High Court of Kandy. He states that he was illegally arrested, severely tortured and charged with fabricated case which has allowed for his illegal detention for more than three years. 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 Mr. Madasamy Vishwanadan (42), of No: 52/2, Hyneford, Weligampola, Nawalapitiya in the district of Kandy was the principal at Rosella Tamil Maha Vidiyalaya. His wife was unemployed. Vishwanadan has one son aged 22 and two daughters aged 19 and 16 both of whom are schooling. 

Vishwanadan’s mother passed away in 2008 and this news was sent to his brother who is resides in Kilinochchi. However due to the fact that there was severe fighting in Kilinochchi at that time Vishvanadan’s brother could not attend the funeral. After a week his son, Vishwandan’s nephew by the name of ‘Siva Kumar’ visited Vishvanadan’s in Nawalapitiya and stayed with them for few days. 

On his way back home Siva Kumar was arrested by the police who accused him of being a terrorist suspect. When he was arrested he told the officers that he was returning from Vishwanadan’s house at Nawalapitiya. On the 19 April 2008, three officers attached to the Terrorist Investigation Division (TID) from Colombo came to Vishwanadan’s house at around 10pm and identified themselves as being from the TID. They arrested Vishwanadan on the suspicion that he had connections with the LTTE. 

He was then detained for 3 months at the TID office in Colombo for questioning during which period he was severely tortured. He was questioned routinely at night and in the early morning. Further he was forced to sign documents which the officers of the TID prepared and which were not explained to him or recorded from him. Vishwanadana believes that the TID officers may use these documents against him as a confession to indict him. He vehemently denies the documents and states that he is not aware of the content of those documents. Further he states that he was severely tortured and later forced to place his signature on the documents by the officers. Due to the fear of further torture he signed. 

Then he was transferred to Boossa Detention Camp by the authorities along with the other detainees. Later he was produced before the Magistrate Court of Colombo in 2009 the remanded in Welikada Remand Prison in February 2011. Then Vishwanadan was brought to Kandy Bogambara Remand Prison. 

Vishwanadana was indicted before the High Court of Kandy under the case of HC /122/10 accusing him of involvement in terrorist activities. 

Vishwanadan, being the principal of a school feels that he was arrested for no reason and detained for 3 years without trial and is now to be tried on fabricated charges. Further he was subjected to torture and inhuman, degrading treatment and punishment. 

Further according to the information the nephew of Vishwanadan, Siva Kumar who was arrested by the police in 2008 has gone missing. 

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 Asian Human Rights Commission has observed in last few years under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 and Emergency Regulations issued under the Public Security Ordinance thousands of innocents have been detained in deferent detentions camps in various part of the country. Many have been detained for more than 2 to 3 years. Later several of them have been produced before the different High Courts under these two laws. Basically all of them who have been tried on the confessions which have been prepared after detainees were subjected to severe torture. 

The State of Sri Lanka signed 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 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 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 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

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