SRI LANKA: An innocent man is detained for more than three years without being charged

Dear friends, 

Mr. Yogarasa Shashheran (22) a resident of Kilinochchi District has been detained in Welikada Remand Prison without being charged for more than 3 years. Yogarasa lost his parents when he was 6 year old and was raised with the charitable help of others. When government forces advanced towards the Northern Region Yogarasa surrendered to the Army along with hundreds of other civilian in 2008. Then he was transferred to several detention camps and is presently detained in Welikada Remand Prison. To-date the authorities have not filed any charge against him. This is yet another illustration of gross violations of human rights in the country. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Yogarasa Shashheran (22) is presently detained in Welikada Remand Prison in Colombo. 

Yogarasa was born in Kilinochchi and lost his parents and at the age of 6 years. He was raised with the help of neighbours and charities. At one point he was abducted while still an under-aged child by the cadres attached to the Liberation Tigers of Tamil Elam (LTTE), but he was able to escape. 

When the Armed Forces of the government captured the Northern Vanni region during the final stages of the war in 2008 he surrendered to the Army along with several hundred other refugees. 

Like most of the younger men he was questioned by the army. He was first detained at the Welikada camp in Vavuniya District and then transferred to Boossa Detention Camp in Galle. Later he was transferred to Kandakadu Camp in July and once again brought to the Terrorist Investigation Division (TID) unit for questioning before being returned to Boosssa. 

While he was in the custody of the TID in Colombo he was tortured to get information. He answered all the questioned they raised with prevarication and clearly told the officers that he has not committed any crime, nor was he a member of the LTTE. 

Then he was transformed to the Welikada Remand Prison. When Yogarasa questioned the prison officials as to his detention they told him that he was supposed to be released soon as there were no charges against him. 

However, Yogarasa states that he remains in detention Welikada Remand Prison without being charged. He states that by torturing him and detaining him for a prolonged period his fundamental rights guaranteed by the Constitution of the country have been violated. 

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 State of Sri Lanka sign 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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