Beranda / News / Urgent Appeals / SRI LANKA: A young man is illegally detained for more than 3 years, tortured and laid with fabricated charges

SRI LANKA: A young man is illegally detained for more than 3 years, tortured and laid with fabricated charges

January 30, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-012-2012



30 January 2012
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SRI LANKA: A young man is illegally detained for more than 3 years, tortured and laid with fabricated charges

ISSUES: Arbitrary detention; torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Soriyamoorthy Givoshan (25) was forcefully recruited into the LTTE when they threatened to abduct his sister. At the end of the conflict he surrendered himself to the government forces and has been held in various detention facilities for the last three years. He states that he has been tortured and laid with fabricated charges.

CASE NARRATIVE:

Mr. Soriyamoorthy Givoshan (25) is a resident of No: 99, Udaya Nagar West, Killinochchi. At the time of the incident Givoshan was a student living with his parents and his brother and sister when he was forcefully recruited by the Liberation Tigers of Tamil Elam (LTTE) in 2007. The LTTE cadres told his father that if Givoshan was not handed over to the organization then his sister would be abducted. Due to heavily armed LTTE cadres and the fear of severe punishment Givoshan was not able to leave the organisation and attend to his schooling.

However after he was abducted by the LTTE his father disappeared and it was believed that he had been abducted by the Army. He remains missing to-date. Givoshan's only sister was a law student until last year at the University of Colombo but she had to give up after the second year due to financial difficulties. His only brother was also arrested by the police and was released on conditional bail; he is forced to sign at the police station every Sunday.

At the last stages of the war in early 2009 along with many others Givoshan surrendered himself to the Army at Omantha in Jaffna District in Northern Province on the 18 May 2009.

After he surrendered Givoshan had to sign some papers as did others who surrendered to the military authorities. But he did not know the content of those documents and they were not read to him. He was then placed in a rehabilitation camp in Vavuniya for four months where he was visited by the ICRC during the time.

However he was often taken to Colombo for inquiries during the period of rehabilitation. The rehabilitated cadres were ordered to be released but there was a delay on the part of the officials. Since the Army officers were questioned about the delay in releasing the rehabilitated youth, the Army officers have handed some of them to the police with the reason of further investigation.

Givoshan was handed over to the officers attached to the Katugastota Police Station on the 18 September 2009 and was detained at the police station. He was often tortured and questioned by the officers of Terrorist Investigation Department (TID) of Sri Lanka Police regarding of his involvement with the LTTE. He was blindfolded and beaten while being questioned. He was forced to sign a large number of papers the content of which he knows nothing about.

Givoshan was finally produced before the Magistrate of Kandy on the 14 June 2010 and was accused of aiding and abetting the LTTE.

Several days later Givoshan learned that the police officers have filed 4 more cases at Panvila Magistrate Court against him. He further learned that the next calling date for those cases as 2 February 2012. The cases numbers as,

B/ 274/2008
B/ 275/2008
B/ 276/2008
B/ 398/2008

Again he learned that three more cases have been filed in the Magistrate Court of Kandy against him. Those cases are supposed to be call on 3 February 2012. The cases numbers of those cases as,

B/5292/2008
B/4847/2008
B/4583/2008

Several days later he learned that one more case has been filed in the Magistrate Court of Dambulla which is supposed to be call on 2 February 2012. The case number was B/110/2008.

Several days later he learned that yet another case had been filed in Magistrate Court of Matale and is scheduled to be call on 3 February 2012. The case number was B/110/2007.

Givoshan clearly stated that he is vehemently denied those cases for any involvements. He further states that he has never taken part in any terrorist activity in any part of the country at any time other than being forcefully adducted and trained by the LTTE. He further states that he have never visited these areas, Kandy, Panvila, Matale or Dabmulla before.

He states that he is being victimized and being used by the police officers without making proper investigations. He states that his rights have been violated by the state's authorities. He further states that he has been continuously detained more than 3 years.

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 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: Innocent man was illegally detained for more than 3 years and tortured and charged in fabricated cases

Name of the victim: Mr. Soriyamoorthy Givoshan (25) is a resident of No: 99, Udaya Nagar West, Killinochchi
Alleged perpetrators: Police officers attached to the Katugastota Police Station and TID

Date of incident: 18 May 2009
Place of incident: Katugastota Police Station

I am writing to express my serious concern over the case of Mr. Soriyamoorthy Givoshan (25) is a resident of No: 99, Udaya Nagar West, Killinochchi. At the time of the incident Givoshan was a student living with his parents and his brother and sister when he was forcefully recruited by the Liberation Tigers of Tamil Elam (LTTE) in 2007. The LTTE cadres told his father that if Givoshan was not handed over to the organization then his sister would be abducted. Due to heavily armed LTTE cadres and the fear of severe punishment Givoshan was not able to leave the organisation and attend to his schooling.
However after he was abducted by the LTTE his father disappeared and it was believed that he had been abducted by the Army. He remains missing to-date. Givoshan's only sister was a law student until last year at the University of Colombo but she had to give up after the second year due to financial difficulties. His only brother was also arrested by the police and was released on conditional bail; he is forced to sign at the police station every Sunday.

At the last stages of the war in early 2009 along with many others Givoshan surrendered himself to the Army at Omantha in Jaffna District in Northern Province on the 18 May 2009.

After he surrendered Givoshan had to sign some papers as did others who surrendered to the military authorities. But he did not know the content of those documents and they were not read to him. He was then placed in a rehabilitation camp in Vavuniya for four months where he was visited by the ICRC during the time.

However he was often taken to Colombo for inquiries during the period of rehabilitation. The rehabilitated cadres were ordered to be released but there was a delay on the part of the officials. Since the Army officers were questioned about the delay in releasing the rehabilitated youth, the Army officers have handed some of them to the police with the reason of further investigation.

Givoshan was handed over to the officers attached to the Katugastota Police Station on the 18 September 2009 and was detained at the police station. He was often tortured and questioned by the officers of Terrorist Investigation Department (TID) of Sri Lanka Police regarding of his involvement with the LTTE. He was blindfolded and beaten while being questioned. He was forced to sign a large number of papers the content of which he knows nothing about.

Givoshan was finally produced before the Magistrate of Kandy on the 14 June 2010 and was accused of aiding and abetting the LTTE.

Several days later Givoshan learned that the police officers have filed 4 more cases at Panvila Magistrate Court against him. He further learned that the next calling date for those cases as 2 February 2012. The cases numbers as,

B/ 274/2008
B/ 275/2008
B/ 276/2008
B/ 398/2008

Again he learned that three more cases have been filed in the Magistrate Court of Kandy against him. Those cases are supposed to be call on 3 February 2012. The cases numbers of those cases as,

B/5292/2008
B/4847/2008
B/4583/2008

Several days later he learned that one more case has been filed in the Magistrate Court of Dambulla which is supposed to be call on 2 February 2012. The case number was B/110/2008.

Several days later he learned that yet another case had been filed in Magistrate Court of Matale and is scheduled to be call on 3 February 2012. The case number was B/110/2007.

Givoshan clearly stated that he is vehemently denied those cases for any involvements. He further states that he has never taken part in any terrorist activity in any part of the country at any time other than being forcefully adducted and trained by the LTTE. He further states that he have never visited these areas, Kandy, Panvila, Matale or Dabmulla before.

He states that he is being victimized and being used by the police officers without making proper investigations. He states that his rights have been violated by the state's authorities. He further states that he has been continuously detained more than 3 years.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of 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,

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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. Ms. Eva Wanasundara
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)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-012-2012
Countries :
Issues :
Aksi-aksi Dokumen
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.