You are on page 1of 8

SRI LANKA: Release a mother and daughter

detained illegally

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME


Urgent Appeal Case: AHRC-UAC-014-2015
March 12, 2015

The Asian Human Rights Commission


(AHRC) has received information about Ms. JeyaGanesh Pakeerathy, a legal
resident of France and her 14 year old daughter JeyaGanesh Pakalvia, a French
citizen. Both had been illegally arrested by police officers attached to the
Terrorist Investigation Division (TID) of Sri Lanka on 2 ndMarch, 2015 at
Katunayake International Airport. They were questioned and produced before a
Magistrate in Colombo. The police obtained a detention order and they were
detained in the TID Office.
Pakeerathys husband was accused of involvement in LTTE (Liberation Tigers of
Tamil Elam) operations, and they demanded to know his whereabouts. Officers
accused her of involvement in the LTTE 15 years ago. Officers informed the
relatives, unofficially, that they will keep the mother and daughter in detention
until they can arrest the husband.
The relatives demanded the immediate release of the mother and daughter,
seeking justice for the violation of their rights by illegally arresting, detaining
and harassing them. This case is yet another example of the collapse of the rule
of law in Sri Lanka.
CASE NARRATIVE:

Following is information received by the Asian Human Rights Commission (AHRC)


about the case of Ms. JeyaGanesh Pakeerathy, a legal resident of France and her 14
year-old daughter JeyaGanesh Pakalvi a French citizen. Both have been illegally
arrested by police officers attached to the Terrorists Investigation Division (TID) of the
Sri Lankan Police Department. They were later produced before the Magistrate of
Colombo and detained under the detention orders issued under the Prevention of
Terrorism (Temporary Provisions) Act No 48 of 1979.
Mother and daughter came to Sri Lanka on February 3, 2015. Pakeerathy was born in
Paranthan in Kilinochchi District, Sri Lanka. The main purpose of their visit was to visit
her parents. Her mother is chronically ill with cancer. Her father is seriously ill after a
heart attack with attendant heart failure.
JeyaGanesh Pakeerathy is married to a French citizen, Subramaniam Jayaganeshan.
Their daughter Pakalvi is currently attending school in France which starts again on
March 3, 2015. She came to Sri Lanka with her mother during her school holidays.
They are staying at Pakeerathys parental home in Paranthan in Kilinochchi District.
Immediately after arriving and visiting her parents, two police officers attached to the
Criminal Investigation Department (CID) came to their home. She was questioned
about general information and about her stay in France to which she clearly
responded. At this the officers departed.
Then, on February 12, 2015, two police officers from the TID visited their house in
Kilinochchi. One officer identified himself as Vijitha Bandara.
Since Pakeerathy was not at home, her father requested that the officers return the
next day. They returned on February 13, questioning her on any connections she or
her husband had to the Liberation of Tigers of Tamil Elam (LTTE). Later they recorded
her statement. At the end of the meeting, she mentioned that she had an early
morning flight on March 2 to return to France. There was no further communication
from the Kilinochchi TID officers.
At 2:30 on March 1, 2015, just as Pakeerathy and her family were about to leave for
the airport to, TID Officers delivered a letter. They requested that she be present at the
TID Office in Colombo the following day at 9.00am. When she mentioned that she had
an early morning flight to France on March 2, and would stay on if they would buy her
another ticket, no answer was forthcoming.
She proceeded to the airport with a group of her relatives. At the airport, on March 2,
the TID officers prevented her daughter and herself from checking in. They were kept
under TID custody at the Airport from 2.30 am to 8.30 am.
Her relatives, including 2 small children, remained at the airport but they were not
allowed to see her. At 8.30 am on March 2, both were released. They were asked to
go to Colombo Fort to the 2nd floor of the TID Office. Paheerathy, together with her

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

I am writing to express my serious concern over the case of Ms. JeyaGanesh


Pakeerathy, a legal resident of France and her 14 year-old daughter JeyaGanesh
Pakalvi a French citizen. Both have been illegally arrested by police officers attached
to the Terrorists Investigation Division (TID) of the Sri Lankan Police Department. They
were later produced before the Magistrate of Colombo and detained under the
detention orders issued under the Prevention of Terrorism (Temporary Provisions) Act
No 48 of 1979.
Mother and daughter came to Sri Lanka on February 3, 2015. Pakeerathy was born in
Paranthan in Kilinochchi District, Sri Lanka. The main purpose of their visit was to visit
her parents. Her mother is chronically ill with cancer. Her father is seriously ill after a
heart attack with attendant heart failure.
Jeya Ganesh Pakeerathy is married to a French citizen, Subramaniam Jayaganeshan.
Their daughter Pakalvi is currently attending school in France which starts again on
March 3, 2015. She came to Sri Lanka with her mother during her school holidays.
They are staying at Pakeerathys parental home in Paranthan in Kilinochchi District.
Immediately after arriving and visiting her parents, two police officers attached to the
Criminal Investigation Department (CID) came to their home. She was questioned
about general information and about her stay in France to which she clearly
responded. At this the officers departed.
Then, on February 12, 2015, two police officers from the TID visited their house in
Kilinochchi. One officer identified himself as Vijitha Bandara.
Since Pakeerathy was not at home, her father requested that the officers return the
next day. They returned on February 13, questioning her on any connections she or
her husband had to the Liberation of Tigers of Tamil Elam (LTTE). Later they recorded
her statement. At the end of the meeting, she mentioned that she had an early
morning flight on March 2 to return to France. There was no further communication
from the Kilinochchi TID officers.
At 2:30 on March 1, 2015, just as Pakeerathy and her family were about to leave for
the airport to, TID Officers delivered a letter. They requested that she be present at the
TID Office in Colombo the following day at 9.00am. When she mentioned that she had
an early morning flight to France on March 2, and would stay on if they would buy her
another ticket, no answer was forthcoming.
She proceeded to the airport with a group of her relatives. At the airport, on March 2,
the TID officers prevented her daughter and herself from checking in. They were kept
under TID custody at the Airport from 2.30 am to 8.30 am.
Her relatives, including 2 small children, remained at the airport but they were not
allowed to see her. At 8.30 am on March 2, both were released. They were asked to
go to Colombo Fort to the 2nd floor of the TID Office. Paheerathy, together with her

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)

You might also like