This case is yet another illustration of the exceptional misuse of the powers bestowed on state agencies, particularly the Terrorist Investigation Division.
According to the information that the Asian Human Rights Commission (AHRC) received Mr. Ganeshan Pushparaj (32) and Ganeshan Govi (30) of Odinton Estate, Lindula, Thalawakalle in Nuwara Eliya District has been detained for more than 4 years and 10 months. Pushparaj and Govi are brothers.
Ganeshan Pushparaj
After leaving school Ganeshan Pushparaj worked at the Odinton estate as a laborer. He married Parimala Devi on 16 November 2003 and lived in the same estate. They have a son, P. Sadushan who is now aged 7.
On 15 October 2008 Pushparaj was taken by officers attached to the Terrorist Investigation Division (TID) of the Kandy Headquarters Police Station. At the time they promised that they would record a statement from his and send him home. When the officers took him he was not given any explanation of why they wanted a statement from him.
However he was detained at the Kandy Police Station until 23 December, 2008 (199 days with detention orders) at the TID branch and later transferred to the Hanguranketha Police Station.
During his detention, he was severely tortured and forced to sign blank papers and documents, pleading guilty to crimes that he had never committed or was involved in. He was finally produced before the Magistrate of Teldeniya, the Magistrate of Panvila and the Magistrate of Matale on fabricated charges following which he was detained at Bogambara Remand Prison. Later Pushparaj learned that the Attorney General has filed another two cases again him. The two case numbers were: HC/83/2013 and HC/25/2013. He remains in remand prison due to the constant delays in the hearing of the cases.
Pushparaj’s brother Ganeshan Govi (30) was also arrested on 22 December 2008 following the arrest of Pushparaj and was detained at Katugastota Police Station. Govi has been continuously detained until now. Later he learned detention order No: EER 41/2011 was issued to detain him by the authorities.
Ganeshan Govi
During his detention, he was severely tortured and, similar to his brother, was forced to sign blank papers and documents, pleading guilty to crimes that he never committed or was involved in. Later he was produced before the Magistrate of Matale and the Magistrate of Kandy also on fabricated charges. Now Govi is also detained at Bogambara Remand Prison. He is not married and worked as an electrician. Their mother R. Marudai is living and working at the estate.
Pushparaj was treated in Kandy Teaching Hospital since he was severely tortured by the police officers attached to the TID. Govi also sustained injuries due to the severe torture he suffered in police custody.
The Attorney General also filed one case against him before the Kandy High Court. But the Judge of the High Court released him from that case. However again he learned that another case has been filed by the TID officers at Matale Magistrate’s Court on the 17 June, 2013 against him. So he is therefore still in remand.
Their mother Murudai says her sons were arrested for no reason and detained with fabricated charges. Pushparaj states that he visited his uncle R. Muttusamy who was living in the Northern Province when he was severely ill from old age in 2008 as a ritual and religious tradition. Pushparaj further states that immediately after their visit their uncle died. Pushparaj and Govi’s mother Murudai states that both her sons were detained because they could not pay the TID officers the bribe they demanded for the release of her sons.
Murudai states that she learned that the Kandy TID officers have taken money from families of detainees who have been detained under the Prevention of Terrorism Act, amounting to sums of up to Rs. 2 million to either release them or frame lighter charges. Pushparaj and Govi appeal for Justice and fair trial.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission has reported innumerable cases in which innocent people have been illegally arrested, detained and tortured by state agencies. 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 supposed to file indictments in the case where credible evidence is found of people being tortured by state officers.
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, 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.
Rev.Devil / August 20, 2013
Just get into a Magistrate court…puthukkade or Mt.Laviniya or…any where in Colombo.You shall see a Robot in the chair of the Magistrate, postponing cases like a machine without any sign of a human being.You shall see the prison guards taking bribes from relatives in order to be allowed to see their people in the cell just ten meter against the Judge inside the court room.
One can easily imagine the scenario in a police station…how many stories…how much of troubles to ordinary man. Who cares ?? The law serves only the powerful in this cursed Land.
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Thiru / August 20, 2013
Torture of Tamils by the Sri Lankan state is a lucrative business for the ruling clan.
A young Tamil man with family in Australia who visited Sri Lanka to meet relatives was picked up by a White van and tortured, including branding with hot iron rods, the marks of which he showed in a Television Interview.
His wife had to pay A$20,000 in bribe to be freed to come back to Australia.
MARA hierarchy benefits from such tortures!
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Jim softy / August 21, 2013
Tamils follow LTTE and accuse the govt.
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radish.S / August 20, 2013
Any person who has practised in the Magistrate Courts and High Courts during the last 3 decades(and Sri Lanka had been ruled under EMR and PTA, the two draconian Laws for almost the same number of years by successive Governments be it Green or Blue) knows that each person arrested under the Emergency Regulations (EMR)and PTA will have at least 17 or more injuries mentioned in the JMO’s Report obtained through courts on an application by the Defense Counsel.This is done in order to obtain a confession. There is also a Book published by FRC in Cololmbo on the 31 types of Torture perpetrated by the Sri Lankan Armed Forces including one named unfortunately as Dharma Chackra where a suspect/ accused is spreadeagled and tortured. This is not new at all in Sri Lanka.
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Thondamanaru / August 20, 2013
These Weera Tamils have become touch me nots.
Aussie 20K for a neat design on the back with hot iorn rods. Are the Lankans that stupid or the world that gullible to believe when torturing to that much marks.
SL would have been better off to subject this guy to WATER BOARDING which is more effective according to the Americans and leave no marks.
In a TV interview waterboarding gives out no marks.
Its better to pick us an overseas Tamil next time & subject the guy to WATERBOARDING and release for Aussie 20,000.
No show at interviews unless he contracts a common cold.
I THINK THIS IS A GOOD BUSINESS….. GOSL MUST PURSUE
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Thondamanaru / August 20, 2013
THESE GUYS GOT TORTURED BY EITHER DIGANBARAN OR BY THONDAMAN CLANS.
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One World / August 20, 2013
I wish this gets the attention of the top, who could expedite action to conclude the court cases. There are many people under custody on suspicion. Laws must be amended to limit the time period in remand prison, otherwise the police can keep suspects indefinitely in remand and abuse this power.
I will not believe A$20,000 story until the wife/uncle of the victim comes out and identify the persons to whom it was paid and the mode of payment. Now that they already got the asylum in Australia and safe, why can’t they come out and speak?
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Thiru / August 20, 2013
They didn’t get asylum in Australia, but was already an Australian resident for several years.
If his wife or uncle comes there to identify they may even disappear because otherwise they may cause problems for the regime by way of evidence.
Bribe takers do not issue receipts I understand!
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One World / August 21, 2013
Last month a British couple of Sri Lankan origin was kidnapped in Tamil Nadu, who were bravely rescued by Police. The drama was planned and staged by one of their employee, a Sri Lankan Tamil living in UK. If that had happened in Sri Lanka, simply Gota would have been blamed.
There are many Sri Lankans visiting Colombo from Australia. There were many Tamil youngsters visiting North from upcountry. These isolated cases of arrest and kidnap for ransom are very rare and may have some personal elements attached to them.
Bribe is a social menace. Unless the victims come out and speak, there won’t be a solution. For instance, the petitioner above says she does not have money to pay to TID officers. But she did not say as to who asked for that money. In a country where Chief Justice was impeached for accepting goodwill discounts, where former Army Commander was stripped of decorations for procurement malpractices and where a DIG is in custody for bribe, the courts will not believe if Maruthai says that she cannot identify the officers for security concerns.
Your tarnishing Technics to continue asylum seeking would not work anymore!
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Good Man / August 20, 2013
one world I have see Airforce officer taking a poor old man whom dosnt speak Sinhala. later i saw him in the plane asked me what ? he said paid 10,000 Rupees , this is just a guard whom advanced. You go to Airport, you can see lot during war and now its lowered. Sinhala people following budhism a satanic has no god so for them Fake Karma is there but no one is there to inspect.
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Thiru / August 20, 2013
Rajapakse terrorism has spread all over Sri Lanka according to Mangala Samaraweera as reported recently in the press.
Torture is part of this state terrorism I suppose.
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M.SIVANANTHAN / August 20, 2013
LTTE took many Tamils for “inquiry”. Not a single Tamil returned.
Now many “doctors” in UK and Aussie help Tamils to get asylum by making those marks.
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J.Muthu / August 20, 2013
You got asylum because LTTE bastards take shit out of you….
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Lanka liar / August 20, 2013
Who planted that stick between your legs Mokkan. Is it not your God father Doglas. Praise the Lord
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JULAMPITIYE AMARAYA / August 20, 2013
T [P] unde amaru;
How you condoms of Vulture Governance feel the Pains of masses.
and comments to earn for Daily bread.
Better to beg on the street than, pawning your self respect for Shit eating Pigs.
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JULAMPITIYE AMARAYA / August 20, 2013
OH , YOU;
Another Sxxt eating pig of Vulture governance.
Ask for some increment from your looting bosses.
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abhaya / August 21, 2013
they look like terrorists .
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Peter Casie Chetty / August 21, 2013
They can both get a boat to Australia. No one get tortured there!
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