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

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Alexander Thayaparan was abducted by carders of the LTTE in 1991 and was only released after he lost his leg. At the closing of the civil war he and his family attempted to flee to safety but were arrested by the Sri Lankan Navy. Alexandra was transferred to several places of detention where he has remained for three years. He has been charged with aiding and abetting the LTTE by means of a ‘confession’ obtained through coercion by officers of the TID. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Mr. Alexander Thayaparan (49) of No: 352, Hospital Road, Mannar was a farmer by profession. He is descended from a farming family in the area and after he left school he joined his parents to work on a farm. Alexander married Sebestikuna Malar in 1991 and they have 3 daughters and one son.

During the civil war, Alexander was forcibly recruited by the Liberation Tigers of Tamil Elam (LTTE) along with many other men in the area. Each and every family was ordered to hand over at least a boy or a man for recruitment. When Alexander’s family opposed them the LTTE carders abducted Alexander and later recruited him for their labour force. Alexander complied with them out of fear that other family members might be abducted by the LTTE.

For three years from 1991-1994 he was not able leave the LTTE. However, after being seriously wounded which resulted in his being amputated Alexander was able to leave the LTTE and rejoin his family. He then started a poultry farm to feed his wife and the children.

As the people were being displaced and the government’s troops were advancing during the last stages of the civil war, Alexander along with his wife and the four children decided to leave to Jaffna for their safety and hired a boat for their journey. However as they reached Jaffna on the 21 April 2009 the Sri Lanka Navy contingent in Jaffna arrested the whole family. Alexander was taken to a Jaffna Technical Ccollege and was detained there, while his wife and the children were taken to Kalladi Army Camp where they were detained for seven months.

Alexander was then handed over to the Jaffna Headquarters Police Station by the Navy officers and he was detained in Vavuniya and later produced in Court and remanded in Vavuniya Remand Prison. Since there were riots at the Vavuniya Remand Prison Alexander was also transferred to Boossa Detention Camp on 26 June 2012. However, Alexander, who was using a wheel chair was not permitted to take it to Boossa.

Since 2009 Alexander has been interrogated by the officers attached to the Terrorist Investigation Department (TID) of Sri Lanka Police. While he was questioned he was forced to accept his participation in several LTTE terrorist activities which he vehemently dined. His denial led to severe torture by the officers.

Later he was forced to sign for documents that were in Sinhala. Since he refused to sign them his finger prints were forcefully taken into a blank paper and later he learned that the officers have prepared confessions using those blank papers.

Alexander learned that the TID officers have filed several charges against him in court. He was brought to the Vavuniya High Court by prison officers for the case which had reference number HC/2246/11. However, Alexander has yet to be told what the exact charges against him.

Alexander was also physically tortured as he was forced to do everything just like the other prisoners despite the fact that he only had one leg. Further he was inhumanly treated and mentally tortured during his period of detention at various camps.

Since 2009 Alexander’s wife Sebastikuna Malar prepares food and sells it to make a living and support the family. Their elder daughter has just completed the GCE A/L and the second daughter is sitting for the A/L exam this year, while the third daughter and the son are still schooling.

Alexander denies all the charges made against him and his wife complains that the fabricated charges against Alexander as his confession was obtained by force which is a serious violation of his rights. Further by transferring him to Boossa the family has lost the opportunity to visit him.

While in remand prison, Mr. Alexander learnt that the TID officers had framed fabricated charges against him, accusing him for aiding and abiding terrorist activities. He has categorically denied any involvement in and knowledge of any of those activities.

Indeed, the Attorney General has filed an indictment against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). Mr. Alexander 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 Chairperson of the Working Group on Arbitrary Arrest and Detention on this regard.

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