Sri Lanka
17.10.01
Urgent Interventions

Sri Lanka: arbitrary arrest, detention and torture of Mr. Subramaniam Thavarajingram in Pettah

Case LKA 171001
Arbitrary detention/Torture


The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source of the arbitrary arrest, detention and torture of Mr. Subramaniam Thavarajingram in Pettah, Colombo, Sri Lanka.

According to the information received, 32 year-old Mr. Subramaniam Thavarajasingam was arbitrarily arrested by Officer Ravindra from the Criminal Investigation Department’s (CID), which is attached to the Pettah area. Mr. Thavarajasingam is the owner of two communication business outlets, known as Maruthy Communication, located on Kethereson road and Bankshall street respectively.

According to the information received, Mr. Thavarajasingam was summoned by the police to their offices on September 18th, 2001, at which time they interrogated him concerning a phone call that had been made by one of his customers at the communications shop in March 2001. Mr. Thavarajasingam denied all knowledge about this call during the interrogation.

According to the information received, the police raided the Bankshall street shop at around 3pm on September 23rd, 2001, and arrested the customers, helpers and employees present at the time. Having heard about the incident, Mr. Thavarajasingam went down to the CID offices to find out what had happened, at which time he was arrested. He is being detained on the 4th floor of the CID building. No reasons were given for his arrest, although it is thought that the police are likely to justify it under the auspices of their operations to combat terrorism in the country. Most of the others that were arrested were released soon afterwards, although it is believed that 25-year old Mr. Mohanathas Kamalathas, a shop employee, is still being detained. It is thought that one other employee may also still be being detained, but no further information concerning this was available at the time of this appeal.

According to the information received, Mr. Thavarajasingam's mother and wife were able to visit him on September 25th and 28th, and October 4th, 8th, 11th, 15th and 22nd. On September 22nd Mr. Thavarajasingam told that that he had been tortured in several ways, including: being beaten by the CID Superintendent in order to force him to sign a document; being hit with an iron on the head; and having his eye pricked with a nail. His hands also reportedly show signs of being swollen and there were blood stains on his shirt.

According to the information received, the police have closed his shop and have confiscated the keys. It is believed that there is a risk that thieves may break in to the shop, as there is valuable equipment there, including computers and telephones.

According to the information received, there is no indication that the Sri Lankan Authorioties intend to bring these men before a Judge to be tried, and OMCT fears that they will be detained and tortured until they give in and make false confessions.

OMCT is gravely concerned for Mr. Thavarajasingam's physical and psychological integrity, given that he has already been tortured during his detention and that there is a risk that he may again be subjected to ill treatment by the police officers. OMCT is also concerned for Mr. Kamalathas’ physical and psycholoigcal integrity, and, despite the fact that very little is know about his conditions of detention, fears that he too may be being subjected to torture. Furthermore, OMCT condemns the arbitrary nature of these arrests and detentions, for which no valid legal reason has been given, and more generally condemns human rights abuses conducted under the veil of Sri Lanka's anti-terrorist operations.

Action requested

Please write to the authorities in Sri Lanka urging them to:

i. take all necessary measures to guarantee Mr. Thavarajasingam and Kamalathas’ physical and psychological integrity;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

· Her Excellency President Chandrika B. Kumaratunga, Presidential Residence, Colombo 3, Sri Lanka Fax: 94 - 1 - 333 - 703
· Mr. Mangala Samaraweera, Minister of Posts, Telecommunications and Media, Old CTO Building Lotus Rd, Colombo 1, Sri Lanka
· Inspector General of Police, Police Headquarters, New Secretariat, Colombo 1, Sri Lanka
· I.P. Pradeep Ratnayake, O.I.C., Police Station, Nawalapitiya, Sri Lanka, Fax. 94 8 252 854
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: (0171) 262-7970, E-mail: lancom@easynet.co.uk

Please also write to the embassies of Sri Lanka in your respective country.

Geneva, October 17th, 2001

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.