SRI LANKA: Innocent man tortured by military officers in Mannar

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-077-2016
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Santhiyogu Anton Dani, a resident of Mannar, was illegally arrested by military officers on 29th June 2016 at St. Peters Church in Mannar. He was continually tortured before being released without any charges and not being produced before a court of law. Currently the victim is receiving medical treatment at the Mannar Government Hospital. This case illustrates the collapse of the rule of law in the country, and the impunity with which law enforcement authorities act.

CASE NARRATIVE:

Mr. Santhiyogu Anton Dani was abducted by military officers on 29th June 2016 tortured and then released by the same officers. Mr. Santhiyogu Anton Dani , a resident of Mannar, is 38 years old, a father of 3 aged 11, 7 and 2.

For the past two years, several military officers had been coming to his home in Mannar, looking for him. They were identified as officers attached to the Sri Lanka Military engaged in special operations- gathering important information related to national security. These visits have terrorized his children who have been living in constant fear for their father’s life. In April of this year, a military operative pointed his gun at one of the two eldest girls. He told the children that their father would be killed if he failed to surrender himself. Intelligence personnel frequently visited his house and earlier this year they attempted to beat his wife in front of the children.

On 13th May 2016, because military intelligence operatives were repeatedly harassing him and his family, Mr. Santhiyogu sought protection at St. Peters church. For the past two years Anton tried at times to stay with his relatives at Kaayaang-kuzhi in Mannar. 

As the threats increased in April, his wife approached staff of the Bishop’s House of Mannar to ensure the safety of her husband. The Bishop had arranged church asylum for him at Uyilang-Kulam. The family resides at Pallimunai, Mannar, located within the urban limits of Mannar City. St. Peter’s Church at Uyilangkulam is located 14 km southeast of Mannar City. 

On 28 June 2016, Anton was in the room provided by the church, preparing to go to sleep at 11:30 pm.

A few hours later, on 29th June 2016, someone knocked on his door. Opening the door, he was shocked to see military officers pointing a gun at his head. Four military operatives, one of whom he recalls being fluent in Tamil, arrested him. Within minutes Anton was blindfolded-his mouth was taped shut. The officers then dragged him to a van parked near the church, without ever alerting anyone inside the church premises.

After being dumped in the van, Anton became aware that it was not heading towards Mannar, but in a different direction. He had sensed bumps along an interior road. He was brought to a place where he was stripped naked, hung upside down and tortured. Burning rods were applied to his skin which caused burn injuries to the entire body.

Repeatedly the torturers asked Anton to name the places where arms and ammunitions were stored by the LTTE.

The victim remained blindfolded, bound to a chair in front of two sharp iron rods that were pointing towards his eyes. Anton was told that he would lose his eyes if he didn’t provide names of former members of the Liberation Tigers of Tamil Elam (LTTE) who had not undergone Sri Lanka Military Rehabilitation. Officers used heated iron rods to burn him continuously during the torture. Officers told Anton that he had earlier escaped from their custody by using a ‘loophole’ in the Sri Lankan Judicial system.

At 11:30 pm, on the 30th, Anton was released at Nochchikulam in a farmland 2 km away from the church where he was arrested. He managed to move towards a light in the distance and got the people at the nearby church to phone the Parish Priest at St Peters. His wife was informed and he was admitted to Mannar Government Hospital around 01.45 am in the morning.

When he was released, the officers warned Anton that his wife should not make any trouble in the future. If she did, they would kill him. After his release he remained in shock after seeing his burns and realizing the extent of the torture that he undergone.

Family members of the victim stated that his fundamental rights were violated by the Sri Lankan state officers. They demand justice.

ADDITIONAL INFORMATION:

Anton was arrested in 2001 and spent 4 months at the detention of Terrorist Investigation Division (TID) in Colombo and 6 months at Colombo Magazine Prison. Anton was never a member of the LTTE. Anton was later released by the judiciary as there was no substantial evidence of him having any role in LTTE operations.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of torture by military personnel, and prosecution of those proven to be responsible under the law. The officers involved should undergo internal investigations for breach of the Military Regulations issued by the Commander of the Army. 

The AHRC will also write a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in this regard. 

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

SAMPLE LETTER

Dear ________,

SRI LANKA: : Innocent man tortured by military officers in Mannar

Name of Victim: Mr. Santhiyogu Anton Dani (38) of Mannar District
Alleged perpetrators: Officers attached to the Military Intelligence Unit 
Date of incident: 29nd June 2016 
Place of incident: Mannar Police Division

According to the information I have received Mr. Santhiyogu Anton Dani was abducted by military officers on 29th June 2016 tortured and then released by the same officers. Mr. Santhiyogu Anton Dani , a resident of Mannar, is 38 years old, a father of 3 aged 11, 7 and 2.

For the past two years, several military officers had been coming to his home in Mannar, looking for him. They were identified as officers attached to the Sri Lanka Military engaged in special operations- gathering important information related to national security. These visits have terrorized his children who have been living in constant fear for their father’s life. In April of this year, a military operative pointed his gun at one of the two eldest girls. He told the children that their father would be killed if he failed to surrender himself. Intelligence personnel frequently visited his house and earlier this year they attempted to beat his wife in front of the children.

On 13th May 2016, because military intelligence operatives were repeatedly harassing him and his family, Mr. Santhiyogu sought protection at St. Peters church. For the past two years Anton tried at times to stay with his relatives at Kaayaang-kuzhi in Mannar. 
As the threats increased in April, his wife approached staff of the Bishop’s House of Mannar to ensure the safety of her husband. The Bishop had arranged church asylum for him at Uyilang-Kulam. The family resides at Pallimunai, Mannar, located within the urban limits of Mannar City. St. Peter’s Church at Uyilangkulam is located 14 km southeast of Mannar City. 

On 28 June 2016, Anton was in the room provided by the church, preparing to go to sleep at 11:30 pm.

A few hours later, on 29th June 2016, someone knocked on his door. Opening the door, he was shocked to see military officers pointing a gun at his head. Four military operatives, one of whom he recalls being fluent in Tamil, arrested him. Within minutes Anton was blindfolded-his mouth was taped shut. The officers then dragged him to a van parked near the church, without ever alerting anyone inside the church premises.

After being dumped in the van, Anton became aware that it was not heading towards Mannar, but in a different direction. He had sensed bumps along an interior road. He was brought to a place where he was stripped naked, hung upside down and tortured. Burning rods were applied to his skin which caused burn injuries to the entire body.

Repeatedly the torturers asked Anton to name the places where arms and ammunitions were stored by the LTTE.

The victim remained blindfolded, bound to a chair in front of two sharp iron rods that were pointing towards his eyes. Anton was told that he would lose his eyes if he didn’t provide names of former members of the Liberation Tigers of Tamil Elam (LTTE) who had not undergone Sri Lanka Military Rehabilitation. Officers used heated iron rods to burn him continuously during the torture. Officers told Anton that he had earlier escaped from their custody by using a ‘loophole’ in the Sri Lankan Judicial system.

At 11:30 pm, on the 30th, Anton was released at Nochchikulam in a farmland 2 km away from the church where he was arrested. He managed to move towards a light in the distance and got the people at the nearby church to phone the Parish Priest at St Peters. His wife was informed and he was admitted to Mannar Government Hospital around 01.45 am in the morning.

When he was released, the officers warned Anton that his wife should not make any trouble in the future. If she did, they would kill him. After his release he remained in shock after seeing his burns and realizing the extent of the torture that he undergone.

Family members of the victim stated that his fundamental rights were violated by the Sri Lankan state officers. They demand justice.

I hereby request the intervention of your good offices to ensure that the authorities listed below initiate an immediate investigation into the allegations of torture and the failure to investigate a crime. The officers involved should be subjected to an internal investigation for breach of Military Orders issued by the Sri Lanka Military.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Jayantha Jayasooriya PC 
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 
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@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-077-2016
Countries : Sri Lanka,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity, Rule of law, Torture,