SRI LANKA: An innocent man detained for three years without being charged now suffers from ‘End Stage Renal Failure’

Dear friends, 

Mr. Rasaratnam Jegatheeswaran (33) of Thiriketheeshwaram in Mannar District is currently detained in Welikada Prison in Colombo. Presently Rasaratnam is being treated at the Intensive Care Unit of the National Hospital in Colombo due to chronic kidney disease. Doctors have revealed to his wife that her husband is undergoing dialysis treatment. Rasaratnam has been detained in different camps and prisons for three years after being detained by the Terrorist Investigation Division. This case is yet another illustration of the blatant abuse of the rule of law in the country by the police. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Rasaratnam Jegatheeswaran (33) of Thiriketheeshwaram in Mannar District is presently detained in Welikada Prison in Colombo and has been in detention for more than three years since 2009 without being charging before the courts. 

Rasaratnam is now being treated at the ICU of the National Hospital in Colombo due to chronic kidney disease and is undergoing dialysis. 

Rasaratnam was a permanent resident of Mannar District in the Northern Province. Like many in persons he lived under the rule of the former Liberation Tigers of Tamil Elam (LTTE). He was forced to undergo training by the LTTE due to their forced proscriptions. After he married Ranitha Jegatheeswaran he was able to live with her. 

In early 2009 when the fighting intensified between the government forces and the LTTE hundreds of civilians tried to escape from the LTTE controlled areas. However, when Rasaratnam and Ranitha made their attempt he was injured at Mullivaikal. 

He was rescued by the International Committee of the Red Cross and then taken to Trincomalee Base Hospital for treatment. 

After the treatment he was discharged from the hospital but then arrested at Pulmudda soon after and sent to Boosa Detention Camp along with several hundred other people. He was never given any reason for his arrest. Eventually he was transferred to Welikade Prison where he fell ill a few months ago. 

According to his wife, Ranitha, Rasaratnam has neither been charged nor produced in court since his arrest in 2009. 

Ranitha appeals for his release as he is critically ill and in need of urgent and effective medical assistance. The doctors at the National Hospital have revealed that he has been diagnosed with renal failure and he is undergoing dialysis treatment. 

Rasaratnam is in need of a kidney transplant and the doctors have said that intensive medical care is required during the post transplant period and therefore, it is necessary that he should be released from prison. 

As the police have failed to either charge Rasaratnam or produce him before a court of law after a three year period of detention it is unlikely that they can now provide any excuse for his further incarceration. Ranitha says that she has nobody to help them and is therefore appealing to the authorities and institutions concerned for the early release of her husband and the necessary medical assistance. 

Ranitha further states that her husband was illegally arrested and detained and by keeping him in detention while he is suffering with kidney disease constitutes torture. 

Ranitha states that his released is being delayed due to the intentional failure on the part of the officers attached to the Terrorist Investigation Division (TID) of the Police. The TID, as with any policed department has a duty to complete their investigations as soon as possible or release the innocents. She further states that ITD officers are responsible for the continued violation of the rights of her husband. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of prolonged detention and torture of innocent persons by the Sri Lankan police which are illegal under international and local law. 

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 UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Working Group on Arbitrary Arrest and Detention requesting their urgent interventions on this regard. 

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