SRI LANKA: Innocent Man Detained Almost Four Years on False Terrorism Charges

Salem-News Human Rights Ambassador William Gomes contacts officials in Sri Lanka and with the UN to help free an innocent man.

(HONG KONG) - A 24-year old Tamil Sri Lankan who works as a three-wheeler driver, Thankshanamoorthy Selvakumar, has been detained for 3 years and 8 months on false accusations that he has participated in terrorist activities.

Mr. Selvakumar was gainfully employed when this all began, in August 2008, when a number of Tamil youths (none of whom had committed any crimes) were arrested and tortured by the police in the Matale district.

Several days later, on 16 August 2008, Mr. Selvakumar was arrested by police officers attached to the Terrorist Investigation Division (TID) of Kandy Headquarters Police Station at Elakaduwa town in Matale.

When police arrested him, they would not state a reason for the arrest, and they were not in possession of an arrest warrant authorizing them to detain him.

When Mr. Selvakumar asked the officers why he was being arrested, they only informed him that he was being taken in for questioning and they told him that he would be released later that day. Instead, nearly four months later, he was still being detained in Kandy.

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April 17,2012 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 Re:SRI LANKA: An innocent man has been detained for almost four years on false terrorism charges Dear Secretary of Sri Lanka Human Rights Commission, Name of the victim: Mr. Thankshanamoorthy Selvakumar of Algultenna division, Alkaduwa in Matale District Alleged perpetrator: Police officers attached to the Terrorist Investigation Division (TID) of Kandy Headquarters Police Station Date of incident: 16 August 2008 Place of incident: Terrorist Investigation Division (TID) of Kandy Headquarters Police Station I am William Nicholas Gomes, Salem-News, Human Rights Ambassador. I am writing to express my serious concern over the case of Mr. Thankshanamoorthy Selvakumar (24) of Algultenna Division, Alkaduwa in Matale District. Mr. Selvakumar has been detained for 3 years and 8 months on false accusations that he has participated in terrorist activities. Mr. Selvakumar used to work as a three-wheeler driver. His father worked as a labourer at the Algultenna Estate, and he has one younger brother. During August 2008, several Tamil youths (none of whom had committed any crimes) were arrested and tortured by the police in the Matale district. Several days after these arrests, on 16 August 2008, Mr. Selvakumar was arrested by police officers attached to the Terrorist Investigation Division (TID) of Kandy Headquarters Police Station at Elakaduwa town in Matale. At the time of the arrest, Mr. Selvakumar was not given a reason for the arrest, nor was he shown an arrest warrant issued by a court of law. Mr. Selvakumar asked the officers why he was being arrested, and he was told that he was being taken in for questioning and would be released later that day. However, he was then detained at the Kandy TID branch for almost 4 months. After Mr. Selvakumar was brought to the TID branch, he was severely tortured by TID officers for several days. Later, he identified several of the officers who tortured him, these included officers by the name of Tennakoon and Ranaweera. According to Mr. Selvakumar, he was hung from the ceiling and beaten with cricket wickets and poles. He was repeatedly asked about his involvement with terrorist organizations, and details of his terrorist activities, which he vehemently denied. The officers who tortured him forced him to admit to transporting explosives to the town of Dambulla for terrorist activities. Mr. Selvakumar categorically denied that he had not done this. He clearly stated that he has never been involved with any terrorist activities, nor is he aware of any terrorist organizations. The police officers who tortured him also forced him to sign several blank pieces of paper. Since the officers did not explain the consequences of signing these documents, Mr. Selvakumar refused to sign. However, out of fear of further torture and imminent death, Mr. Selvakumar signed the documents. He is not aware of what the officers did with those documents, and is not aware of the contents of those documents today. Despite numerous requests, Mr. Selvakumar was not permitted to speak with a senior police officer who could explain the consequences of signing the documents. After several days, he complained of a severe headache and body pain, which he believes was due to the torture he endured. He was not permitted access to medical facilities and professional help. If he had been given such access, his physical and psychological condition after the torture could have been documented. Later, he was transferred to Balagolla Police Station where he was detained for another five and a half months. During his detention at the Balagolla Police Station, he was further tortured and questioned. He was finally produced before the Magistrate of Kandy on 21 April 2009 and was remanded at the Bogambara Remand Prison where he is detained in this prison to the present day. Before Mr. Selvakumar was produced before a court of law, he was permitted to see someone who claimed to be a medical doctor. He told this person of his aches and pains and of the torture he underwent. During the session, the TID officers stood beside him. No treatment has been provided, and Mr. Selvakumar continues to suffer from the effects of the torture. Mr. Selvakumar states that he was illegally arrested, detained and subjected to cruel and inhuman treatment by police officers without any legitimate reason. He is still in detention in Bogambara Remand Prison. This is a violation of his fundamental rights enshrined by the Constitution of Sri Lanka. While in remand prison, Mr. Selvakumar learnt that the TID officers had framed fabricated charges against him, accusing him of transporting explosives and destroying a transformer. He has categorically denied any involvement in and knowledge of these incidents. Furthermore, prison officials informed him that he will be produced before the High Court of Kandy on 24 April 2012 where his case will be tried. Indeed, the Attorney General has filed an indictment against him under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). Mr. Selvakumar categorically states that he has never participated in any terrorist activities, and believes that the Attorney General has prepared an indictment on the basis of the fraudulent documents prepared by the TID officers. Mr. Selvakumar seeks 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 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. Please note that Salem-News.com's Human Rights Ambassador 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. Yours sincerely, William Nicholas Gomes Salem News, Human Rights Ambassador William’s Desk www.williamgomes.org

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Salem-News.com Human Rights Ambassador William Nicholas Gomes is a Bangladeshi journalist, human rights activist and author was born on 25 December, 1985 in Dhaka. As an investigative journalist he wrote widely for leading European and Asian media outlets.

He is also active in advocating for free and independent media and journalists’ rights, and is part of the free media movement, Global Independent Media Center – an activist media network for the creation of radical, accurate, and passionate telling of the truth. He worked for Italian news agency Asianews.it from year 2009 to 2011, on that time he was accredited as a free lance journalist by the press information department of Bangladesh. During this time he has reported a notable numbers of reports for the news agency which were translated into Chinese and Italian and quoted by notable number of new outlets all over the world.He, ideologically, identifies himself deeply attached with anarchism. His political views are often characterized as “leftist” or “left-wing,” and he has described himself as an individualist anarchist.