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detained illegally
entire entourage, drove to the TID Office, reaching there at 10.15am after a 2 hour
drive.
Paheerathy and her daughter were taken inside the building, with the relatives again
being asked to wait outside. Around 3.00 pm, they were escorted by the TID officers to
Magistrate Court No 5 in Hulftsdorp, Colombo. At this point, Paheerathays family
contacted a lawyer and asked her to appear for them. As the lawyer was not available
that quickly at the Hulftsdorp court complex, she instructed the family to request the
TID for a thirty minute delay before producing the two detainees.
The family informed the TID officers that a lawyer was hired, was on the way and she
had requested a short delay. But they said that they did not need a lawyer, that they
will take care of the matter, proceeding to transport the detainees to the Court. For the
third time the relatives were excluded and did not know what was transpiring inside the
Court. Later, when Paheerathy exited the Court, she informed her family that the Court
ordered them both to remain in TID custody under detention orders.
Paheerathys brother was asked to bring some clothes for his sister. At 5.00pm in the
evening, a family member, together with the lawyer went inside the TID building. The
lawyer requested that Officer Bandara allow her to visit Paheerathy. He refused
permission, informing them that they need to get permission in writing from the TID
Director. It was explained to him that it was not legal to produce Paheerathy before the
court when her lawyer was not present. Bandara said they can detain her without ever
producing her before the Courts.
When Paheerathy asked why she was being detained, Bandara said there were two
reasons. First, she was a Sea Tiger attached to the LTTE 15 years ago. Second, she
was trying to regroup the LTTE in France. As to why the daughter was in custody the
Magistrate had ordered the daughter to stay with her mother. He also said that
Paheerathy had lied to the TID, hiding the fact that she was flying out early on the
morning of March 3rd. Furthermore, the family had an appointment with the TID for
9.00am and they arrived at 10.00am. The lawyer tried to explain the actual position of
his clients, but he continued to deny access.
Banadara continued that the real reason for detaining Paheerathy was: they wanted to
entice her husband, Subramaniam to return to Sri Lanka from France so they could
arrest him. The TID believed that he was still working closely with LTTE. Relatives told
the officers that the husband will not come back to secure the release of his wife and
daughter. It was futile to attempt to catch him, using his innocent family as hostages.
To compile the case, Subramaniam had filed divorce papers against Paheerathy. In
effect, he has deserted his wife and daughter, only paying maintenance for their
daughter at present. Nevertheless,
Paheerathy is still under detention without any charges laid against her. She fears for
her daughter's life as well as her own. Enough tangible evidence against the TID
officers of the Sri Lanka Police Department is being processed to verify the human
rights violations against her and her daughter.
Relatives made the statement that Paheerathy and her daughter were illegally
arrested, detained and are presently being harassed at the TID office in Colombo, thus
violating their rights contained in the Constitution of Sri Lanka. They are seeking
justice and protection for her and her daughter.
The Asian Human Rights Commission believes that the fate of Paheerathy is now
more vulnerable. A report on the human rights situation in Sri Lanka is scheduled to be
presented to the United Nations (UN) Human Rights Council in a few months. This is
creating a push and tug situation between the Sri Lankan government and the UN with
Paheerathy and her daughter caught in the middle of it
SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case.
Request an immediate investigation into the allegations of illegal arrest and the
detaining of an innocent woman and her daughter by police officers who denied her
justice and an independent inquiry. Please ask the authorities to prosecute those
proven to be responsible under the criminal law of the country for misusing the powers
of the state. The officers involved must also be subjected to internal investigations for
the breach of department orders. Further, kindly request the National Police
Commission (NPC) and the Inspector General of Police (IGP) to set up a special
investigation into the malpractices of the police officers who were abusing their state
powers.
Please note that the AHRC has written a separate letter to the UN Chairperson,
Working Group on Arbitrary Detention in this regard.
To support this case, please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Release a mother and the daughter illegally detained
Name of the victim: Ms. Jeya Ganesh Pakeerathy, a legal resident of France and her
14 year old daughter Jeya Ganesh Pakalvi, a French citizen.
Alleged perpetrators: Police officers attached to the Terrorist Investigation Division
(TID) of Sri Lanka Police
Date of incident: March 2, 2015
Place of incident: Katunayake International Air Port- Sri Lanka
entire entourage, drove to the TID Office, reaching there at 10.15am after a 2 hour
drive.
Paheerathy and her daughter were taken inside the building, with the relatives again
being asked to wait outside. Around 3.00 pm, they were escorted by the TID officers to
Magistrate Court No 5 in Hulftsdorp, Colombo. At this point, Paheerathays family
contacted a lawyer and asked her to appear for them. As the lawyer was not available
that quickly at the Hulftsdorp court complex, she instructed the family to request the
TID for a thirty minute delay before producing the two detainees.
The family informed the TID officers that a lawyer was hired, was on the way and she
had requested a short delay. But they said that they did not need a lawyer, that they
will take care of the matter, proceeding to transport the detainees to the Court. For the
third time the relatives were excluded and did not know what was transpiring inside the
Court. Later, when Paheerathy exited the Court, she informed her family that the Court
ordered them both to remain in TID custody under detention orders.
Paheerathys brother was asked to bring some clothes for his sister. At 5.00pm in the
evening, a family member, together with the lawyer went inside the TID building. The
lawyer requested that Officer Bandara allow her to visit Paheerathy. He refused
permission, informing them that they need to get permission in writing from the TID
Director. It was explained to him that it was not legal to produce Paheerathy before the
court when her lawyer was not present. Bandara said they can detain her without ever
producing her before the Courts.
When Paheerathy asked why she was being detained, Bandara said there were two
reasons. First, she was a Sea Tiger attached to the LTTE 15 years ago. Second, she
was trying to regroup the LTTE in France. As to why the daughter was in custody the
Magistrate had ordered the daughter to stay with her mother. He also said that
Paheerathy had lied to the TID, hiding the fact that she was flying out early on the
morning of March 3rd. Furthermore, the family had an appointment with the TID for
9.00am and they arrived at 10.00am. The lawyer tried to explain the actual position of
his clients, but he continued to deny access.
Banadara continued that the real reason for detaining Paheerathy was: they wanted to
entice her husband, Subramaniam to return to Sri Lanka from France so they could
arrest him. The TID believed that he was still working closely with LTTE. Relatives told
the officers that the husband will not come back to secure the release of his wife and
daughter. It was futile to attempt to catch him, using his innocent family as hostages.
To compile the case, Subramaniam had filed divorce papers against Paheerathy. In
effect, he has deserted his wife and daughter, only paying maintenance for their
daughter at present. Nevertheless,
Paheerathy is still under detention without any charges laid against her. She fears for
her daughter's life as well as her own. Enough tangible evidence against the TID
officers of the Sri Lanka Police Department is being processed to verify the human
rights violations against her and her daughter.
Relatives made the statement that Paheerathy and her daughter were illegally
arrested, detained and are presently being harassed at the TID office in Colombo, thus
violating their rights contained in the Constitution of Sri Lanka. They are seeking
justice and protection for her and her daughter.
The Asian Human Rights Commission believes that the fate of Paheerathy is now
more vulnerable. A report on the human rights situation in Sri Lanka is scheduled to be
presented to the United Nations (UN) Human Rights Council in a few months. This is
creating a push and tug situation between the Sri Lankan government and the UN with
Paheerathy and her daughter caught in the middle of it.
I therefore request your urgent intervention. Please ensure that the authorities listed
below instigate an immediate investigation into the allegations of illegal arrest and
detention of an innocent woman and her daughter by police which are preventing them
from getting justice. There needs to be prosecution of the responsible persons for
misusing their powers as officers of the state. Officers involved should be subjected to
an internal investigation for breaches of department orders.
Yours sincerely,
------------------PLEASE SEND YOUR LETTERS TO:
Mr. N.K. Illangakoon
Inspector General of Police (IGP),
New Secretariat,
Colombo 1,
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk
Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General's Department,
Colombo 12,
SRI LANKA
Fax: +94 11 2 436421
Chief Justice,
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex,
Colombo-12,
SRI LANKA
Fax: +94-11-2437534
Secretary,
National Police Commission,
3rd Floor Rotunda Towers,
109 Galle Road,
Colombo 03,
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk
Secretary,
Human Rights Commission of Sri Lanka,
No 108 Barnes Place,
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925
+94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)