On 26 Dec 2022 around 10 men in civvies entered house in Periyaneavanai, Amparai, allegedly severely beat & dragged out 3 men. When wife of 1 inquired why they were beating them,they verbally abused her, pulled her trouser down & kicked her in stomach
2/The sister of woman who was kicked asked same Q & was also kicked in stomach.Women followed them out & saw a white van parked & behind it a blue jeep with Akkaraipattu police written on it.The abductors thrust 1 man’s head under seat, all the while verbally abusing man’s wife
3/When man shouted at abductors to stop verbally abusing his wife, the men began beating him inside the van and drove away. When women went to Periyaneelavanai police to complain, police checked with Akkaraipattu police & said men weren’t detained by Akkaraipattu police.
4/Periyaneelavanai police later informed family men were in custody of Akkaraipattu police but when family went to Akkaraipattu police they denied they had them in custody. On 27 Dec families of all men went to Akkaraipattu police, which continued to deny they had men in custody.
5/Families then went to HRCSL which called Akkaraipattu police who denied they were in their custody. At 1pm on 27 Dec, one of the men called his brother & said he’d been arrested for giving shelter to other 2 men. When brother called back, man said he was at Kolavil police post.
6/Families went to Kolavil police post immediately, where they were scolded by police & chased away. The wife of one of the men received call from same number from which they’d received earlier call that her husband was released. She went to police post & brought him home.
7/Few hours later she received call from same no summoning her to come to station to sign some docs. She went with her husband & police demanded phone of one of other men, which was in her possession and she handed it over. Her husband was then taken away in a jeep.
8/An hour later jeep returned & police informed woman 3 men were arrested for burning of court record room. Woman saw 3 men with clubs (assumed to be police in civvies) going into the room into which the “arrested” were taken. Thereafter, they heard one of the men scream.
9/When lawyer went with family at 11pm on 27th to Akkaraipattu police, police once again denied they had men in custody. It is only when family said they said they were going to make a complaint re disappearance of the men, the police acknowledged they had them in custody.
10/On 28 Dec police told HRCSL they would produce men in Crt. In presence of police HRCSL inquired from arrested persons whether they were assaulted, which they denied. At 11am men were taken away in a jeep by police & brought back to station only at 6.30 pm.
11/Hence, men weren’t produced in Crt even 48 hrs after being arrested. Family say they saw men couldn’t walk & had to be carried inside station by police. Lawyer (from Voices Movement) was denied access to them & police refused to provide arrest receipt. Lawyer informed BASL.
12/3 men were produced in Crt only on 29 Dec. They were charged under Poisons, Opium & Dangerous Drugs Ordinance (5.2 g) in addition to offences against public property. Men told lawyers they were severely beaten & lawyers noted their hands & legs were swollen.
13/Men said police dropped a jacket & knife on ground & told them to pick it up. Police sought 7 day detention order under PODDO, which was granted. Men were remanded on 4 Jan 2023. Wife suffering abdominal pain due to being kicked by police went to Kalmunai North Base Hospital.
14/When she requested to complain to police post at hospital about police assault, a policeman visited her but didn’t record formal complaint. On 2 Jan, 2 men identifying as police visited her mother, said her son-in-law had confessed to crime & demanded the family also accept it
15/Woman’s mother went to HRCSL to lodge complaint re police visit & says officer noted their names & sent them away. 1 man told family that during detention he was taken to unknown location, made to lie on ground, after which a heavy stone was placed on legs & he was assaulted.
16/On 4 Jan, father of one of the men received a phone call & was told to come to the road. There he was met by a few men who inquired about a gas cylinder in Periyaneelavanai in the house of one of the arrested men. Police said cylinder belonged to OIC of police & they wanted it
17/ They pushed him into a trishaw & drove him to the house of the arrested man, took cylinder and drove away. Lawyers & family fear the police are preparing to frame 3 men by planting evidence. On 5 Jan mother went to Neelavanai police to lodge complaint about the cylinder.
18/ Police didn’t accept complaint. Instead, they told her to bring the men who had taken it as well as CCTV footage to lodge complaint. When arrested men were produced in Crt on 4 Jan they told lawyers they were severely assaulted when in police custody under detention order.
19/This is yet another case that shows inadequacy of existing checks and balances, which don’t prevent violation of due process or police brutality. The system is dysfunctional & affords little protection to the citizen. Oversight mechanisms aren’t robust either.
20/Police brutality & violation of due process take place due to entrenched impunity, vested interests & politicization of public institutions. Ad- hoc training isn’t going to fix this.
Names of 3 men: Thirushelvam Thanush, Dinojan and Mugundan Santhosh.
1/Outrage being expressed about male police officer using force against woman police officer. This incident can’t be viewed in isolation of nature of institution and broader political culture- patriarchal, violent, abusive, politicized and never held to account.
2/It isn’t one govt that’s responsible but successive govts. Police began acting like counter -insurgency force at times during war. Accountability for war time violations are ignored even now & many who are outraged by current actions would likely defend war time violations.
3/Yet it is b/c they were never held accountable that they behave as they do now. Generally, violations committed by police go unnoticed & there’s no public outrage b/c their victims are socially marginalized and ppl with no privilege. Public outrage re police abuse is selective.
Rathinam Kamalaharan who was working for the Civil Security Division (CSD) was arrested in July 2020 under #PTA and released in April 2022 on bail. He has to go to court twice a month and sign on last Sunday of month. He obtained a loan of Rs 650,000 in Jan 2020.
2/He has 3 children under the age of 10. His family struggled to meet basic needs while he was in prison. Even though out on bail he can’t return to CSD & has difficulty finding other work. Crt has ordered them to pay back loan with interest, which they don’t have ability to.
3/He is likely to lose his land (his only asset) as part of debt settlement, in which case they will be homeless.
Most of ppl arrested under #PTA are economically deprived, & marginalized. In addition to emotional stress, their imprisonment pushes families further into poverty.