Dear friends,
The Asian Human Rights Commission (AHRC) has received two cases regarding arbitrary arrest and detention of three men by police without orders from the court. A young man has been detained for over three months without being produced before the court and two men, one of whom is a member of political organisation, were arrested also without orders from the court.
CASE DETAILS:
Case 1:
Velu Dena Dayalan (aged 26) is a resident of Jaffna, Sri Lanka. In April, 2008, he journeyed to Kandy to apply for a passport and stayed with his stepsister, Velukalayivani.
Fearing abduction by the Liberation Tigers of Tamil Eelam (LTTE), he decided to remain in Kandy until the authorities approved his passport application and he could leave the country. However, on 8 July 2008, some officers attached to the Kandy Police Terrorist Investigation Department (TID), in wearing civilian clothes arrived at his sister’s house in the Hantana district. They asked Dayalan to accompany them to the police station to make a statement. At the station, he was arrested and held in custody. Velukalayivani was also questioned for three days.
Already three months have passed since his incarceration and Dayalan has never been produced before court. Neither he nor his family has been told under what charges he is being held, or why he is in custody. The police have allowed his sister and her family to visit him twice a week, but they may only speak to him in the presence of police officers and in Sinhalese, a language Dayalan’s sister cannot speak. Thus, they have no way to ascertain the truth of his situation, whether he has been tortured, or how he is being treated. The police, moreover, are carefully noting and scrutinizing any visitors and, thus, his sister fears going to the police station to see him.
Case 2:
The Negombo police arrested Velummailum Kamalthasan, a member of Socialist Equality Party (SEP) and his brother-in-law Santhiralingam on September 15 as they were preparing to travel to Colombo by bus. They were ordered out of the bus then taken to the police station, despite having produced police registration documents to verify their identity.
During their detention in the police custody, the police refused to release them their claiming that further inquiries into their possible connection to the LTTE was necessary. However, the police failed to provide concrete evidence that support reasonable grounds for their arrest and failed to show the detention order for the two men.
Mr. Somasiri Liyanage, Negombo Head Quarters Inspector claimed on September 21 that the police had obtained a three-month detention order for the two men but when being asked, the police failed to present the order. Police released the two men on September 23 as investigations had been completed and no evidence of “suspicious activities” had been found.
SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to promptly bring Dayalan to the court and investigate this case.
The AHRC has also written separate letters to the UN working group on arbitrary detention calling for intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Arbitrary arrest and detention of three men
Case 1:
Details of case: Velu Dena Dayalan, 26, was arrested by Kandy police Terrorist Investigation Department on July 8 and has been detained in Kandy police custody over three months without being produced before a court; no charges have been given; currently held in Kandy police custody
Case 2:
Details of case: Velummailum Kamalthasan, a member of Socialist Equality Party and his brother-in-law Snathiralingam were arrested on September 15 and detained in Negombo police custody without orders from the court and released on September 23
I am writing to voice my deep concerns regarding the arbitrary arrest and detention of three men by the police respectively without concrete evidence and orders from the court, which, in fact, has taken place in nationwide in Sri Lanka.
According to the information that I have received, Velu Dena Dayalan who stayed in Jaffna came to Kandy in April with all his documents due to the fear of being abducted and stayed in his sister but on July 8, some officers attached to the Kandy Police Terrorist Investigation Department asked him to accompany to the police station and when arrived, he was arrested and held in custody. However, until now, he has never been produced before a court nor has he and his family been told the charges and the reasons of his being held.
I am also informed that the Negombo police arrested Kamalthasan, a member of Socialist Equality Party and his brother-in-law Ilancheliyan for possible connection to the Liberation Tigers of Tamil Eelam (LTTE) on September 15 and detained them in the police custody without concrete evidence. When being asked, the police failed to present the order of detention from the court and they released the two on September 23 saying that investigations had been completed and no evidence of ‘suspicious activities’ had been found.
Two cases show how the police fail to abide by the law, in particular the Penal Code by arbitrarily arresting and detaining them without warrant from the Magistrate’s court and producing them before the court. When the police arrest a person, they shall inform, at the time of arrest, the reason for arrest and promptly any charges against him. In addition, anyone arrested or detained shall be brought promptly before the court. However, Velu Dena Dayalan has been detained for over three months without being brought before the court.
I therefore, urge you to investigate the cases of arbitrary arrest and detention of three men so that those responsible are properly prosecuted and punished according to law. I also urge you to promptly inform any charges against Dayalan and if fails, he must be released. I further urge you to compensate for their illegal arrest and detention.
Finally, I take this opportunity to remind the Government of Sri Lanka of the need to review the cases of arrestees and detainees who have been in violation of criminal procedure and without charge or trial since the state of emergency.
Yours sincerely,
—-
PLEASE SEND YOUR LETTERS TO:
1. Professor Rajiva Wijesinha
Secretary
Ministry of Disaster Management and Human Rights
2, Wijerama Mawatha
Colombo 7
SRI LANKA
Fax: +94 11 268 1982
2. Mr. Jayantha Wickramaratne
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
3. Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk
4. Mr. Hemantha Priyasanth Dep
Acting Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
5. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
