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

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME 

Urgent Appeal Case: AHRC-UAC-136-2011

 

9 August 2011 
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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 
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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, 

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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. 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) 

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

August 10, 2011