SRI LANKA: Man held more than 3 years in jail with no trial

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

AHRC UA Index: 000721 21 July 2000

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UA 28/00 Prolonged Detention in Custody

SRI LANKA: Man held more than 3 years in jail with no trial

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The following case is of a 43 year-old man, Krishnasamy Ramachandran, who has been detained in prison for over three years in Sri Lanka with no trial. AHRC issued an urgent appeal (UA 17/00) in March regarding the torture of Michael Edward, who had been detained for almost 2 years, and the letters sent on his behalf led to his release within 5 weeks. Mr. Edward was being detained at the same prison as Mr. Ramachandran, and AHRC believes that your letters written on this case can produce another successful result.

 

PERSONAL DETAILS OF MR. RAMACHANDRAN

Prolonged Detention in Custody

Name of detained person :- Krishnasamy Ramachandran

Age :- 43 Years

Married and father of 3 children

Address :- No. 107\\ 5 Mawala Watta,

Uda Peradeniya.

Religion :- Hinduism

Nationality :- Sri Lanka Tamil

Occupation :- Labourer

 

DETAILS OF CASE

On the night of 3rd January 1997, officers of the Kandy Police Station, Criminal Investigation Dept came to the house at the above address and arrested Krishnasamy Ramachandra. The Police took him into custody as a suspect involved in the incident of the bomb blast at the sacred Buddhist Temple of the Tooth, Kandy. The Police stated that this person¡¯s driving license was found near the Temple site.

Later the Police came to inspect the house several times. Mr. Ramachandra has reported that he was severely assaulted by the Police while in custody. The Police had said that the man would be released after questioning but this was not done. He was then sent to Colombo to the Head Office of the Criminal Investigation Dept. Mr. Ramachandra’s family has not received any document to state that he has officially been taken into custody.

About 7 months later the International Committee of the Red Cross (I.C.R.C) sent his family the information that Mr. Ramachandran was transferred to Kalutara prison. He was registered in their list under I.C.R.C. number 000116129.

In December 1999 he was brought to the Bogambara prison, Kandy. Since then he has been presented before the magistrate once a month, and then taken straight back to the prison. Thus far, no court case against him has been filed. He has been held in detention for over 3 years.

SUGGESTED ACTION

Dear [Honourable Minister]

The case of Mr. Krishnasamy Ramachandran has come to my attention. He has been detained in prison without trial for over 3 years, and has been in Bogambara Prison since December 1999.

Mr. Ramachandran deserves fair treatment, and should not have to endure the loss of three years of his life without having a court case against him. His detention also has a negative effect on his family and community.

I ask that you see to it that Mr. Ramachandran is either brought before trial immediately or released. Three years is long enough for any police force to gather evidence for the case. If there is so little incriminating evidence that they cannot hold a trial within three years, he should be released on this basis.

Thank you for your urgent attention to this matter.

Yours sincerely

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PLEASE SEND LETTERS TO:

1. Mr. O S M Seneviratne

Chairperson

Human Rights Commission of Sri Lanka

No. 50, Dr. N W Perera Mawatha

Borella, Colombo 8

Sri Lanka

Fax: 94-1-694 924

SALUTATION: Dear Mr. Seneviratne

2. Hon Prof. G.L.Peris,

Minister for Justice, Constitutional Affairs, Ethnic affairs and National Integration,

Justice Ministry,

Superior Courts Complex,

Colombo – 02

Sri Lanka.

Tel: 94-1-433192

Fax : 94-1-445446

SALUTATION: Dear Honourable Minister

3. Commissioner General of Prisons,

Prison Department,

150, Baseline Road,

Colombo-09,

Sri Lanka.

Tel: 94-1-691976

Fax:-94-1-695206

SALUTATION: Dear Commissioner

4. Superintendent of Prisons,

Bogambara Prison,

Kandy,

Sri Lanka.

Tel: 94-8-234320, 234321

Fax: 94-8-224059

SALUTATION: Dear Superintendant

AHRC requests that Mr. Ramachandran either be brought to trial immediately or released on the basis of lack of incriminating evidence. Please write to the Sri Lankan Human Rights Commission, Minister for Justice, Commissioner General of Prisons, and the Superintendant for Prisons to compassionately consider this issue and to ensure Mr. Ramachandran is given just treatment.

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