SRI LANKA: An innocent man is arrested by the TID and tortured in custody at the Bogambara Remand Prison

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-130-2013
ISSUES: Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Velu Yogarasa was arrested and detained in Bogambara remand prison by the TID in August, 2008 under the Prevention of Terrorism Act. He was severely tortured in custody on several occasions by the prison officers.

CASE NARRATIVE:

Mr. Velu Yogarasa (26) of Marugola, Ukuwela (Matale District) was arrested on 9 August, 2008 and has been in Bogambara Remand Prison for the last 5 years. He was arrested and detained under the Prevention of Terrorism Act (PTA) and was severely tortured on 30 September, 2013 at the prison by being beaten with high tension electric wire.

In the early morning of 30, September 2013, the prison officials took the remand prisoners as usual out of their cells and some of them were prepared to be taken to the courts. Velu Yogarasa was put back in a cell together with another remand prisoner, something which is not usually done. Normally two prisoners are never placed in one cell; it is the custom that it has to be either one single person or a group of three.

The new remand prisoner placed in the cell with Velu Yoarasa was mentally ill and in a short while he started using abusive language towards him. The quarrel soon turned into a fist fight. The prison officers who heard them fighting opened the cell and separated them.

However, after their breakfast Velu Yogarasa was taken to another cell and severely beaten with a high tension electric wire. He screamed for help but to no avail. The prison officer, known to the prisoners as “Galle Mahattaya” (as he is from Galle), threatened Velu and said: “I am from the south, I am not afraid of anyone”. Velu Yogarasa was beaten on his head, feet and back and one of his fingers was broken. This ordeal went on for 15-20 minutes and when the other prison officers discovered that Velu was bleeding he was sent to the prison hospital. The doctor gave him few Panadol pills and Velu requested the authorities that he wanted to be admitted in a general hospital. His request was refused. Velu Yogarasa was then met by his lawyer at around 11 a.m. who testifies that Velu told him that he had been subjected to severe torture. The lawyer has seen the marks all over his body and that his finger was broken and bleeding.

According to Valu, previously in 2011, seven PTA suspects, including himself, were severely tortured by prison officials on June 14 that year inside the prison premises. Velu Yogarasa says that his fundamental rights were denied and that he was tortured while in custody.

SUGGESTED ACTION:
Please write to the Sri Lankan authorities expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention and torture by the state officers, as well as the prosecution of those proven to be responsible under the criminal law of the country for misusing state powers. The victim must be released from the prolonged arbitrary detention immediately.

Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Working Group on Arbitrary Arrest and Detention on this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: An innocent man is arrested by the TID and tortured in custody at the Bogambara Remand Prison

Name of the victim: 1) Velu Yogarasa of Marugola, Ukuwela,
Alleged perpetrator: Prison officer “Galle Mahattaya”.
Date of incident: 30 September, 2013
Place of incident: Bogambara Remand Prison

I am writing to express my serious concern over the cases of Mr. Velu Yogarasa (26) of Marugola, Ukuwela (Matale District). Yogarasa was arrested on 9 August, 2008 and has been in Bogambara Remand Prison for the last 5 years. He was arrested and detained under the Prevention of Terrorism Act (PTA) and was severely tortured on 30 September, 2013 at the prison by being beaten with high tension electric wire.

In the early morning of 30, September 2013, the prison officials, as usual took the remand prisoners out of their cells and some of them were prepared to be taken to the courts. Velu Yogarasa was put back in a cell together with another remand prisoner which is not usually done. Usually two prisoners are never placed in one cell; it is the custom that it has to be either one single person or a group of three,

The new remand prisoner placed in the cell with Velu Yoarasa was mentally ill and in a short while he started using abusive language towards him. The quarrel soon turned into a fist fight. The prison officers who heard them fighting opened the cell and separated them.

However after their breakfast Velu Yogarasa was taken to another cell and severely beaten with a high tension electric wire. He screamed for help but to no avail. The prison officer, known to the prisoners as “Galle Mahattaya” (as he is from Galle), threatened Velu and said that “I am from the south, I am not afraid of anyone”. Velu Yogarasa was beaten on his head, the feet and the back and one of his fingers was broken. This ordeal went on for 15-20 minutes and when the other prison officers discovered that Velu was bleeding he was sent to the prison hospital. The doctor gave him few Panadol pills and Velu requested the authorities that he wanted to be admitted in a general hospital. His request was refused. Velu Yogarasa was then met by his lawyer at around 11 a.m. who testifies that Velu told him that he had been subjected to severe torture. The lawyer has seen the marks all over his body and that his finger was broken and bleeding.

According to Valu, previously in 2011, seven PTA suspects, including himself, were severely tortured by prison officials on June 14 that year inside the prison premises. Velu Yogarasa says that his fundamental rights were denied and that he was tortured while in custody.

I demand justice for Mr. Velu Yogarasa for the repeated violations of rights he suffered and I request your urgent intervention to ensure that the authorities instigate an immediate investigation into the allegations of illegal arrest, arbitrary detention and torture by the prison authorities, as well as the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers.

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. Sarath Palitha Fernando
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 of Sri Lanka
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-130-2013
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention, Impunity, Judicial system, Rule of law, Torture,