An Innocent Man Remains in Detention Since August 2008 After Being Tortured into a Confession by the TID

by Asian Human Rights Commission, Hong Kong, August 9, 2011

After he was arrested he was severely tortured and later forced to sign a document prepared by the police officers. Later he was produced before three Magistrate’s Courts; Kandy, Matale and Dambulla accused with fabricated charges which he vehemently denied. He remains in remand even now. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-136-2011

9 August 2011
——————————————————
SRI LANKA: An innocent man remains in detention since August 2008 after being tortured into a confession by the TID

ISSUES: Illegal arrest; arbitrary detention; fabricated charge; torture; impunity; rule of law
——————————————————

Dear friends,

Mr. Kalappam Manoharan (32) of Ratwatte Lower Division, Ukuwela in the Matale district was illegally arrested by officers attached to the Terrorist Investigation Division (TID) branch of Kandy Headquarters Police Station on 11 August 2008. Monoharan, a casual labourer, lived in the same village his whole life. After he was arrested he was severely tortured and later forced to sign a document prepared by the police officers. Later he was produced before three Magistrate’s Courts; Kandy, Matale and Dambulla accused with fabricated charges which he vehemently denied. He remains in remand even now. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC) Mr. Kalappam Manoharan (32) of Ratwatte Lower Division, Ukuwela in the Matale district was a casual labourer and is married to Ms. Yogeshwari. They have a young son.

The Terrorist Investigation Division (TID) branch of Kandy Headquarters Police Station sent a message to Manoharan to come and make a statement on the 11 August 2008 and when he went to the TID branch he was arrested as a suspect who had assisted the LTTE.

Letter he learned from his wife that a woman by the name of Anthony Chandra from Ukuwela was arrested as an LTTE suspect and when she was tortured by the TID and asked about the names of her neighbours she mentioned Monoharan. Manoharan vehemently states that he does not have any connection or knowledge about any organization in the North of Sri Lanka or any political party. Further he says that he does not have any relatives from that area either.

He was severely tortured by the TID officers in Kandy while in detention at the Kandy TID branch. Following the torture he was asked to sign documents which he did to escape being further torture.

He was then transferred to Kadugannawa Police Station where he was detained for six months and produced before the Magistrate of Kandy. He was then detained at Bogambara Remand Prison where he remains as of this date.

Later the officers attached to the TID filed three cases with fabricated charges. One case was filed in Magistrate’s Court of Dambulla, another one was in the Magistrate’s Court of Kandy and the third case was filed in the Magistrate’s Court of Matale. Monoharan categorically denied all these cases and states that officers of the TID filed these cases to cover up the torture that they inflicted on him.

Manoharan believes that the blank papers that he signed were used by the TID officers to prove that he had made a confession. The so-called confession is written in Sinhala, a language he cannot speak read or write.

Manoharan has been languishing in the police cells and in the remand prison since 2008. Later he found out that following the TID prepared fabricated documents and the Attorney General has filed a fourth cased against him in the High Court of Kandy under the case number HC/ 52/2010 still using the confession that was extracted due to torture by the TID.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of the torture of innocent persons and the filing of fabricated charges by the Sri Lankan police. Both practices are illegal under international and local law and have taken place at different Police Stations in the country over the past few years.

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 and failing fabricated charges 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 National Police Commission and the Inspector General of Police 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.

To support this appeal please click here: 

SAMPLE LETTER:

Dear ________,

SRI LANKA: An innocent man remains in detention since August 2008 after being tortured into a confession by the TID

Name of the victim: Mr. Kalappam Manoharan (32) of Ratwatte Lower Division, Ukuwela in the Matale district
Alleged perpetrator: Police officers attached to the TID branch of Kandy Headquarters Police Station
Date of incident: 11 August 2008
Place of incident: TID branch of Kandy Headquarters Police Station

I am writing to express my serious concern over the case of Mr. Kalappam Manoharan (32) of Ratwatte Lower Division, Ukuwela in the Matale district. Manoharan was a casual labourer and is married to Ms. Yogeshwari. They have a young son.

The Terrorist Investigation Division (TID) branch of Kandy Headquarters Police Station sent a message to Manoharan to come and make a statement on the 11 August 2008 and when he went to the TID branch he was arrested as a suspect who had assisted the LTTE.

Letter he learned from his wife that a woman by the name of Anthony Chandra from Ukuwela was arrested as an LTTE suspect and when she was tortured by the TID and asked about the names of her neighbours she mentioned Monoharan. Manoharan vehemently states that he does not have any connection or knowledge about any organization in the North of Sri Lanka or any political party. Further he says that he does not have any relatives from that area either.

He was severely tortured by the TID officers in Kandy while in detention at the Kandy TID branch. Following the torture he was asked to sign documents which he did to escape being further torture.

He was then transferred to Kadugannawa Police Station where he was detained for six months and produced before the Magistrate of Kandy. He was then detained at Bogambara Remand Prison where he remains as of this date.

Later the officers attached to the TID filed three cases with fabricated charges. One case was filed in Magistrate’s Court of Dambulla, another one was in the Magistrate’s Court of Kandy and the third case was filed in the Magistrate’s Court of Matale. Monoharan categorically denied all these cases and states that officers of the TID filed these cases to cover up the torture that they inflicted on him.

Manoharan believes that the blank papers that he signed were used by the TID officers to prove that he had made a confession. The so-called confession is written in Sinhala, a language he cannot speak read or write.

Manoharan has been languishing in the police cells and in the remand prison since 2008. Later he found out that following the TID prepared fabricated documents and the Attorney General has filed a fourth cased against him in the High Court of Kandy under the case number HC/ 52/2010 still using the confession that was extracted due to torture by the TID.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention, torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
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 or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

——————————————————————————

SRI LANKA: An innocent man was illegally arrested and charged with a fabricated case by TID

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August 10, 2011

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-137-2011

10 August 2011
——————————————————
SRI LANKA: An innocent man was illegally arrested and charged with a fabricated case by TID

ISSUES: Illegal arrest; arbitrary detention; torture; fabricated charge; impunity; rule of law
——————————————————

Dear friends,

Mr. Veerasamy Sivasupramaniam (35) of Ratwatte Lower Division, Ukuwela in the district of Matale was illegally arrested by officers attached to the Terrorist Investigation Division (TID) branch of Kandy Headquarters Police Station on 18 August 2008. Veerasamy was a tailor and the owner of a shop in Matale town. After he was arrested he was severely tortured and later forced to sign a document prepared by the police officers. Later he was produced before the Magistrate’s Court of Matale accused with a fabricated charge which he vehemently denied. Veerasamy has remained in remand prison for the period of three years without trial. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Veerasamy Sivasupramaniam (35) of Ratwatte Lower Division, Ukuwela in the district of Matale is married and the father of two sons and a daughter. He was a tailor and had a tailoring shop in Matale town.

Veerasamy was asked to appear at the Terrorist Investigation Division (TID) branch Headquarters Police Station of Kandy on the 18 August 2008 and when he went there he was arrested and accused of aiding and abetting terrorist activities.

He was detained at the TID branch for 3 months and was severely tortured every day. Later he was forced to sign a document by the TID officers. Then he was transferred to the Teldeniya Police Station where he was detained for another 2 weeks.

He was then produced before the Magistrate’s Court of Matale on 22 December 2008. Then he was remanded and sent to Bogambara Remand Prison. When his relatives tried make a bail application for him in court it was refused. He is still in remand prison without being formally charged.

Veerasamy states that he has never committed any crime relating to aiding or abiding to any terrorist organization. Further he says that he does not have even knowledge on any of those activities.

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 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 Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.
To support this appeal please click here: 

SAMPLE LETTER:

Dear ________,

SRI LANKA: An innocent man was illegally arrested and charged with a fabricated case by TID

Name of the victim: Mr. Veerasamy Sivasupramaniam (35) of Ratwatte Lower Division, Ukuwela in the district of Matale
Alleged perpetrator: Officers attached to the Terrorist Investigation Division (TID) branch in Headquarters Police Station of Kandy
Date of incident: 18 April 2008
Place of incident: Terrorist Investigation Division (TID) branch in Headquarters Police Station of Kandy

I am writing to express my serious concern over the case of Mr. Veerasamy Sivasupramaniam (35) of Ratwatte Lower Division, Ukuwela in the district of Matale. Veerasamy is married and the father of two sons and a daughter. He was a tailor and had a tailoring shop in Matale town.

Veerasamy was asked to appear at the Terrorist Investigation Division (TID) branch Headquarters Police Station of Kandy on the 18 August 2008 and when he went there he was arrested and accused of aiding and abetting terrorist activities.

He was detained at the TID branch for 3 months and was severely tortured every day. Later he was forced to sign a document by the TID officers. Then he was transferred to the Teldeniya Police Station where he was detained for another 2 weeks.

He was then produced before the Magistrate’s Court of Matale on 22 December 2008. Then he was remanded and sent to Bogambara Remand Prison. When his relatives tried make a bail application for him in court it was refused. He is still in remand prison without being formally charged.

Veerasamy states that he has never committed any crime relating to aiding or abiding to any terrorist organization. Further he says that he does not have even knowledge on any of those activities.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of illegal arrest, illegal detention and torture by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
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 or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)