Jeyakumary was called in for questioning to the Terrorism Investigation Division (TID), in Colombo yesterday (16th), and had been interrogated for 6 hours. Thereafter, she had been issued with a gag order and asked to return to the TID on the 19th for further questioning.
When will hers, and so many others languishing under the PTA’s ordeal ever end?
We met recently with B. Jeyakumary after her release on bail by the Padaviya Magistrate Court on the 8th of September, 2015 however she is yet unclear of why she was arrested and the details of the case. Both the cases she was arrested and detained for in March 2014 and the second one last year are both still ongoing and there doesn’t seem to be an end in sight. She still has to go to the Kilinochchi Police every last Sunday of the month in accordance with the terms of bail upon her initial release on the 13th of March, 2015.
Vibushika, her 15 year old daughter is schooling in Jaffna, and is doing well in her studies, but due to the distance from Kilinochchi and having nobody to look after affairs at home whilst she’s away, Jeyakumary is only able to visit Vibushika once a month. Jeyakumary is trying to start up a small-scale poultry farm and home-garden, but, she is waiting on her cases to be concluded to start up anything properly. She also spoke of the immense loss of property and possessions, the Police estimated at Rs. 408,510, although she claims that her loss amounted to at least Rs. 550,000. Although she had complained to the Police regarding her loss in July 2014, following a visit from Vibushika, who had told her about the looting, nothing more had been done about her complaint.
When asked what she knows of the case, Jeyakumary responded that on a court date in February 2016, staffers from the Delvon Assistance for Social Harmony (DASH), (a local de-mining non-profit, closely associated with the Government/Ministry of Economic Development[1]), had come forward as witnesses to the break-in of one of their warehouses in Weli-Oya, where 3 out of 35 boxes of de-mining equipment had been stolen, on the 14th of January, 2016. On discovering the 3 boxes near a tank in Weli-Oya a few days later, the Police had stated that they hadn’t found any finger prints on the boxes. (It’s noteworthy to mention that the incident for which Jeyakumary and 2 others have been suspected took place, more than 6 months after their arrest warrants were issued.) Kanthaleyan, who was initially arrested in March 2014, around the same time as Jeyakumary, was issued a second arrest warrant whilst he was still in prison at Welikada on the initial charge. He was issued with an arrest warrant in June 2015, the charge for which he wasn’t even told about till January 2016. This is clear evidence of the fabricated nature of the alleged charges.
Following her release on bail in September, Jeyakumary had been waiting to sign her release form at the Kebithigollewa Magistrate Court. Whilst she was seated outside the courts, awaiting her lawyer, a Tamil policeman had approached her and told her not stay outside alone as the Police and army intelligence was watching her closely, and that she should stay inside in the sight of the Magistrate. Soon after he left, an army personnel had gotten off an army truck and walked up to her and asked her if she was Jeyakumary. Thereafter, a Tamil journalist claiming to be from Thinappuyal News, had asked if he could interview her. She had refused, saying that she was not interested in giving any interviews at the time, but that she would like to speak to her daughter. So he had called her daughter for her, and she had spoken briefly to Vibushika. Thereafter, the Tamil policeman had returned outside and told her to go inside.
Kanthaleyan and Ravindran Madhani (another woman who was arrested along with Jeyakumary in March 2014,) have been produced in court almost every 14 days since June 2015 and Jeyakumary too has been to court at least 4 times between September 2015 and March 2016. Their next court date has been set for June 8th at the Padaviya Magistrate, with the next Colombo court date being set for the 1st of June.
[1] Delvon Assistance for Social Harmony (DASH), is located within the Ministry of Economic Development and “supports the reconciliation and rehabilitation effort of the Government.” – http://slnmac.gov.lk/dash
After one week (since Sept. 02nd) in remand prison, Jeyakumary was finally released on bail yesterday (Sept. 08th). Two Sureties were produced before the Kebithigollewa Magistrate on Sept. 04th (Friday), but, as the Magistrate was not satisfied with the Residential Certificate signed by the Grama Sevaka that the Sureties had obtained, they had to return on Sept. 07th (Monday) with Character Certificates signed by their respective Grama Sevaka, and authorized by their respective Divisional Secretariats.
As the Sureties had to travel all the way from Jaffna to Kebithigollewa, after having gotten the relevant documents from the local government authorities, they had only reached Kebithigollewa around 1.45pm on Monday (07th). As it had taken about 45 minutes till about 2.30pm for all the administrative issues such as paying the fines and producing the reports etc., to conclude, the prison authorities had said that they wouldn’t be able to go to the Anuradhapura Remand Prison to bring Jeyakumary and return in time before the Courts close at 3.30pm, and that they would bring her to Court to be released the following day.
Jeyakumary was released early morning before the start of Court proceedings yesterday (08th), after having signed the case record.
Her lawyers have requested authorities for a full certified copy of the case proceedings and B-Report.
Her next court hearing will be on the 16th of September at the Padaviya Magistrate Court.
Jeyakumary upon her reunification with her daughter yesterday had broken down and whilst crying profusely asked “why are they doing this to me and separating me from my child? I haven’t done anything wrong.”
Jeyakumary was issued a second arrest warrant by the Weli-Oya Police last night (01st). The police have then told her to report to the Magistrate Court (MC) today (02nd) with a Surety. When she had returned to the Kebithigollewa MC this morning with her brother as a Surety, they had found out that on Wednesdays, all the Kebithigollewa MC cases are taken up at the Padaviya MC. Therefore, the bail application was made at the Padaviya MC. Jeyakumary was however remanded due to not having 2 Sureties and the police having objected to her bail application. The magistrate had overruled the police objection, and granted a Rs. 25,000 cash bail, and Rs. 100,000 Surety bail. Further, the Magistrate had ordered that the two Sureties should be certified by the Grama Sevaka of their respective areas. Thereafter, Jeyakumary’s lawyer had filed a second motion in court requesting the Magistrate to reconsider the condition of certification, but the application was refused.
Jeyakumary has been arrested in relation to Case B/35/2014 in connection to the theft of two mine detectors. Lawyers are still not clear if she’s been arrested as a witness or suspect, as the police have given conflicting responses. When her case was called up today, there had been two other accused. Police standing by the accused had said that they were former LTTE cadres. The case was fixed for the 16th of September, 2015, until which date, the bail money can be paid and Jeyakumary can be released on bail. Before she is released, she has also been asked to give a statement to the Kebethigollawa Police station.
Jeyakumary’s lawyer will pay the cash bail to the Kebethigollawa Magistrate Court Registrar and produce the second Surety, and obtain bail for her tomorrow (03rd).
It is however very strange that as Jeyakumary has been living in Kilinochchi for the past 3 months, and signing in at the Police station every last Sunday of the month, the police had failed to mention anything regarding this case to her.
Since her release after almost one year in detention, on the 10th of March this year, Jeyakumary was initially residing in Jaffna for about 1-2 months, and had thereafter returned to her home in Kilinochchi. Her 13 year old daughter Vibushika continued to reside and school at the Children’s Home in the North, and had come home for to be with her mother during the August holidays. She had accompanied her mother to the courts this morning and is now with relations in the North.
Due to some miscommunication and mis-reading of the court register, there were 2 names included in our initial list who were in fact not released along with Jeyakumary last week. Our sincere apologies for this mishap, we will ensure to double and triple check our information before publishing in future.
The following is an accurate list of those discharged and released along with B. Jeyakumary last week.
DISCHARGED
– R. Geethasutha
RELEASED ON BAIL
362 long days since B. Jeyakumary’s arrest on the 13th of March, 2015, she, along with a number of (exact number to be confirmed), other political prisoners were released on bail, by the Colombo Chief Magistrate Court, today (10th). The Court ordered her to report every month, to a Police station nearest to her, and her passport is to be impounded. In addition, she was released on a Rs. 200,000 Surety Bond.
Mahalingam Padmawathy, a 64 years old woman was also among those who were released on bail today.
Another detainee, R. Geethasutha, who is currently 5 1/2 months pregnant, was also discharged today, as there were no charges against her.
Whilst we welcome the conditional release of Jeyakumary and the others, we will continue to campaign for their unconditional release and the release of all political prisoners held without charges under the draconian Prevention of Terrorism Act (PTA).
In order for the Government of Sri Lanka and the judiciary to prove there sincere commitment to ensuring justice via due process, they need to at the very least commit to the following;
– Repeal the PTA with immediate effect
– Release, at least on bail, all those held in detention without charges, until all investigations (if any,) are concluded
– Put in place a efficient procedure/mechanism to review ALL cases under the PTA (those charged & pending sentencing, and those not charged), and look to fast-track and conclude these cases with much needed urgency.
Thank you to all those who supported this campaign and I hope you continue to support the cause of ensuring the release of all political prisoners held without charges under the PTA.
Puni came all the way from UK to attend the Vigil for JK today
Related links;
– කිසිදු චෝදනාවක් නැතිව දින 362ක් සිරගත කර සිටි ජෙයකුමාරි ඇපමත නිදහස් කරයි – Vikalpa
– Sri Lanka Grants Bail to Tamil Rights Activist – The New York Times
– Sri Lanka activist Jeyakumari detained under terrorism Act released – The Hindu
– Jeyakumari out on bail – Daily FT
At Jeyakumary’s Magistrate Court hearing yesterday (24th), the Magistrate further extended her remand till the 10th of March. The Terrorism Investigation Division (TID) claimed that it was awaiting reports from the Government Analyst’s Department, and the University of Colombo School of Computing, which was tasked with scrutinizing suspects’ phone data. The TID went on to state that further investigations with suspects currently in detention were underway, and that therefore they would require more time to conclude their investigation.
B. Vibooshika,
XXXXX
(A children’s Home in the North)
16.02.2015
I wish to bring to the attention of Honorable President Maithripala Sirisena that:
Last year on 13.03.2014 when my mother went to close our door after giving food, an unknown stranger entered into the house, We asked “Who are you?” to which he said “Don’t make a noise, if you do I will strangle your necks and kill you.” My mother held me, opened the door and ran out of the house. At that time, armed soldiers and police came and took hold of our hands. Then one of them went into the house. We heard two gunshots. Then he came out shouting. After that they interrogated us. They told us we were connected to the person shot at. I promise on my mother that we do not know him at all.
Then the police and military took us away. They interrogated my mother and me separately. Before my very eyes they hit my mother and pulled her by the hair. They fastened electric shock handcuffs to her hands and said “Tell us the truth or we will switch on the current.” After I felt sleepy I just slept there. They kept on hitting my mother, I was told, trampling on her and held her by the hair and threatened her by saying “Tell us the truth or we will kill you and your child.” It was just a few days earlier that I had attained puberty but they hit me too. They brought two women we did not know and wanted to separate my mother and me. I said I would not leave my mother. When I said that they hit my mother. They said “Tell her to go.” After that around 7.30 pm they took us to the court.
A lawyer named Vijayarani came there. Child Probation Officer Miss Viji also came. Then we all went to the Judge’s house and related everything that happened. He handed me over to the custody of the Child Probation Officer Miss. Viji. I adamantly cried saying I did not want to go. My mother said, “You go and study, let me tell the Hon. Judge what happened”. I have no one, only my mother. My mother only has me. I had three brothers. My eldest brother was killed by unidentified persons. My second brother died during the war. My third brother is on the list of the disappeared. My father died on 19.04.2012 due to cancer. We were living alone with assistance from no-one. My mother made food parcels from home and it is from that income that she was managing the expenditure for my studies.
Afterwards Miss. Viji took me to the hospital. The next day was a Monday (17.03.2014) they took me to court. There were many people waiting to take me with them. They took me away to XXX (a children’s Home in the North). Since separated from my mother I was in deep contemplation. I was feeling utterly depressed. I heard that my mother was taken to the Boosa Detention Centre. Afterwards I told court that I wanted to see my mother. They allowed it. I went to see her to Boosa. I was very sad to see her. I thought to myself, “Why is God giving us so much trouble?”
My mother and I had lost my brothers. Only my mother and I are left now. We too thought of going to where my brothers were. But the thought that my third brother is alive made me worry less. Prior to her arrest, my mother went to Kilinochchi, where a meeting was being held. There she bought a book from one of the girls there. In that book (Guidebook on the LLRC), on the 41st page she saw my 3rd brother’s photo. Therefore she was in high hopes that my brother was still alive. Thereafter, we continuously protested with other families of the disappeared, I too pleaded, “please give me back my brother.”
Dear President Maithripala Sirisena, please think of me as your child and release my innocent, very innocent mother. She has not committed any crime. I also humbly request that you release my 3rd brother as well. I would like to meet you honorable Sir, but as I cannot meet you I write this letter. Sir, I cannot live without my mother, if I don’t see her I will drink poison and kill myself. I beseech you to please release my mother before that. Please, Maithripala Sirisena Sir, please tell them to release my mother. I will wait eagerly for the news in the newspapers of your ordering her release. I finish my sad letter to you on this note.
Thank you.
Yours,
B. Vibooshika
freejeyakumary 