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SRI LANKA: An innocent man has been in custody without being charged for three years

August 17, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-145-2012

17 August 2012
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SRI LANKA: An innocent man has been in custody without being charged for three years

ISSUES: Illegal arrest; arbitrary detention; torture; impunity; denial of justice; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District has been in jail for more than three years without being charged. He was arrested by the Sri Lankan Army who accused him of aiding and abetting the Liberation Tigers of Tamil Elam. Sasikumar has suffered severe torture in the custody of the army in an attempt to force him to confess to being a member of the LTTE. His wife and young child linger in a Displaced Persons Camp waiting for him to be released as to-date, no charges have been brought against him.

There are many similar cases of innocent persons who were involuntarily caught up in the civil war and who, like Sasikumar, remain in prison without being charged.

CASE NARRATIVE:

Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District was employed in a rice mill after leaving school. Sasikumar has six brothers and a sister; his parents still live in Jaffna. He married Vasantharani in 2003 and they have a son who is now seven years-of-age. During the civil war between the Sri Lankan government and the Liberation Tigers of Tamil Elam (LTTE) he, his wife and child were living in Mullativu.

In 1993 Sasikumar was forcefully recruited by the LTTE. Every family had to hand over one member for recruitment otherwise at least one person would be they forcibly abducted. As Sasikumar's family refused to comply they abducted Sasikumar.

After six months he was able to escape the LTTE and return home. However he was taken again in 2001. Once again he managed to escape and was able to return home in 2004. In 2005 Sasikumar went back to work in the rice mill until his arrest in 2009 by the armed forces of the government.

Sasikumar was arrested by army officers attached to the camp located in Vavuniya district. He was arrested on 16 May 2009 during the final stages of the civil war. He was detained by the army at Vavuniya Kovilkulam Tamil School for four months and later at Kamba Madhu Camp for another six months. Then at Omantha Camp for four months in 2010 and, finally, he was taken to Boosa Detention Camp in May 2011.

In 2012 he was transferred to the Marada Madhu Camp with the promise that he would be released within a few weeks but that did not happen.

Susikumar was severely tortured during his period of detention and told to admit that he aided and abetted the LTTE if he wanted to be released. However, Sisikumar denied the charges.

Despite being in custody for more than three years Susikimar has still not been charged before any court for any crime nor told the reason for his arrest.

Susikumar's wife, Vasantharani and her son is still in No: AB 37/2, Kadiragamar Internal Displaced Persons (IDP) Camp in Vavuniya and waiting for Susikumar's release. They are being helped by her sister who is employed in the Vishva Madhu area. Vasantharani calls for the release of her husband and the father of their child if there are no charges against him.

Vasantharani fears that they might bring fabricated charges against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). One of the Sasikumar's brothers was also arrested but later released.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases in which innocent people have been tortured by the Sri Lankan police. Torture is illegal under international and local law.

The Asian Human Rights Commission received several hundreds of cases where innocent people have been illegally arrested and detained under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). This act has been used by state authorities to conduct mass arrests and detain people indefinitely without producing them before a court of law. Furthermore, this law allows authorities to prosecute the suspects with voluntarily recorded confessions. As a result of these legal provisions, the AHRC has observed hundreds of cases in which suspects who have severely tortured, are forced to sign blank documents or documents which have not been explained to them for use as confessions in court.

The AHRC has issued several Urgent Appeals in recent years calling for justice for the detainees who were illegally arrested and detained under the PTA. The basic principles of rule of law are not respected within the legal system of Sri Lanka. These draconian laws curtail the civil liberties and fundamental human rights of the people of Sri Lanka.

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 making torture a crime punishable with a minimum of seven years and not less than ten years in prison, on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence is found of people being tortured by state officers.

SUGGESTED ACTION:
Please write 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 victim must be released from the prolonged arbitrary detention immediately. 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 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 appeal, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: An innocent man has been in custody without being charged for three years

Name of the victim: Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District
Alleged perpetrator: Sri Lanka Army
Date of incident: 16 May 2009
Place of incident: Vavuniya

I am writing to express my serious concern over the case of Mr. Mr. Mahalingam Sasikumar (34) of Maratha Madhu, Chettikulam in Mannar District was employed in a rice mill after leaving school. Sasikumar has six brothers and a sister; his parents still live in Jaffna. He married Vasantharani in 2003 and they have a son who is now seven years-of-age. During the civil war between the Sri Lankan government and the Liberation Tigers of Tamil Elam (LTTE) he, his wife and child were living in Mullativu.

In 1993 Sasikumar was forcefully recruited by the LTTE. Every family had to hand over one member for recruitment otherwise at least one person would be they forcibly abducted. As Sasikumar's family refused to comply they abducted Sasikumar.

After six months he was able to escape the LTTE and return home. However he was taken again in 2001. Once again he managed to escape and was able to return home in 2004. In 2005 Sasikumar went back to work in the rice mill until his arrest in 2009 by the armed forces of the government.

Sasikumar was arrested by army officers attached to the camp located in Vavuniya district. He was arrested on 16 May 2009 during the final stages of the civil war. He was detained by the army at Vavuniya Kovilkulam Tamil School for four months and later at Kamba Madhu Camp for another six months. Then at Omantha Camp for four months in 2010 and finally he was taken to Boosa Detention Camp in May 2011.

In 2012 he was transferred to the Marada Madhu Camp with the promise that he would be released within a few weeks but that did not happen.

Susikumar was severely tortured during his period of detention and told to admit that he aided and abetted the LTTE if he wanted to be released. However, Sisikumar denied the charges.

Despite being in custody for more than three years Susikimar has still not been charged before any court for any crime nor told the reason for his arrest.

Susikumar's wife, Vasantharani and her son is still in No: AB 37/2, Kadiragamar Internal Displaced Persons (IDP) Camp in Vavuniya and waiting for Susikumar's release. They are being helped by her sister who is employed in the Vishva Madhu area. Vasantharani calls for the release of her husband and the father of their child if there are no charges against him.

Vasantharani fears that they might bring fabricated charges against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA).

I sincerely request your assistance in the immediate release of Mr. Sasikumar, who deserves justice for the repeated violations of his rights 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 perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country.

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. 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
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-145-2012
Countries :
Issues :
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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.