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We, the undersigned concerned about democracy, justice and rule of law in Sri Lanka, are alarmed at the threats made against two senior civil society activists for filing an application in the Court of Appeal (CA) challenging the validity of the dual citisenship declaration belonging to Gotabaya Rajapaksa, Presidential aspirant and former Secretary, Ministry of Defence.
We understand that Prof. Chadraguptha Thenuwara and Gamini Viyangoda filed the case following submissions made by the Criminal Investigation Department (CID) to the Magistrates Court on this issue highlighting irregularities in the issuing of the declaration. The case was heard before a divisional bench headed by the CA President Justice Yasantha Kodagoda and was dismissed on 4 October. The Petitioners received threatening messages soon after the case was filed in the CA on 27 September and these messages have continued following the dismissal of the case.
We note that Gotabaya Rajapaksa submitted nomination papers on 7 October to contest the forthcoming Presidential elections as the candidate of the Sri Lanka Peoples Party (SLPP).
We are especially troubled by a series of threatening events and messages which include threats to person when in public places, telephone messages, and hate speech on social media platforms, mainly on Facebook, levelled against Prof. Thenuwara and Viyangoda. Some of the threats posted on Facebook immediately following the dismissal of the case were collated by the BBC’s Sinhala News page on 6 October titled ‘White Van threats to Thenuwara and Viyangoda on social media’ (https://www.bbc.com/sinhala/world49945479).
Among them were a number referring to disappearance by white van such as “get ready for a white van ride”, “these are the types of blackguards who must be given trips in white vans”, “who knows where they live?”, “They don’t deserve a quick funeral, their arms and legs should be broken and they should be made to suffer…” and so on.
A web post under IRAJ productions dated 3 October warned, “No one who touched the Rajapaksas fared well” and went on to threaten, “After the Presidential Election we will begin our work once we have sent the two pariahs who filed the case against Gotabaya to the other world. Be prepared. Victory to the motherland!!!”. In response Madhumadhawa Aravinda linked the threat to the disappearance of Pradeep Eknaligoda saying, “There is another name like Viyangoda. That is known as Eknaligoda. We wish them well.”
Prof. Thenuwara and Viyangoda first made a complaint to the CID and subsequently filed the case in the CA as citizens concerned with the integrity of the forthcoming elections, and to ensure that any alleged fraud or irregularity is independently investigated and action taken by the relevant authorities. This is a fundamental right of every citizen and should be exercised without fear of threat or intimidation.
These threats are meant to strike fear into the hearts of those who work for rights and justice in Sri Lanka. Individuals working on these issues will make every effort to resist any such climate of intimidation and fear. We are also concerned that these threats are a reminder of Sri Lanka’s recent past when activists, media and lawyers came under attack for challenging the previous regime of President Mahinda Rajapaksa. Investigations into the killing of Lasantha Wickrematunge, disappearance of Prageeth Ekneligoda and assault against Keith Noyahr are some of the cases where journalists were targeted during this period with investigations still pending.
We note that Prof. Thenuwara and Viyangoda made a complaint to the CID regarding these threats on 8 October and asked for investigation and protection. In a context where Prof. Thenuwara and Viyangoda are facing continued intimidation, we urge the authorities to take immediate steps to investigate these threats and to provide them with security.
We also request the supporters of Gotabaya Rajapaksa to respect the rights of all citizens to exercise their fundamental rights and to desist from making threatening remarks or engaging in any form of intimidation. As a candidate in the forthcoming elections, it is paramount Rajapaksa as well as the SLPP call on their supporters to respect the right to dissent and act responsibly during elections and thereafter.
Finally, we call on the Elections Commission to take all measures to prevent hate speech and violence in the lead up to and during elections and to secure democratic space required for the conducting of free and fair elections in Sri Lanka.
14 October 2019
Signed by:
1. A. Haniffa
2. A.F.M. Ikram
3. Aaranya Rajasingham
4. Ajith Dharmakeerthi
5. Ajith Jinadasa
6. Ajith Rajapaksa
7. Ameena Hussein
8. Andrew Samuel
9. Anithra Varia
10. Annemari de Silva
11. Annie Kurian
12. Anushaya Collure
13. Anushya Coomaraswamy
14. Ashoka Handagama
15. B. Gowthaman
16. Bandara Menike
17. Bennett Rathnayake
18. Bhavani Fonseka
19. Binendri Perera
20. Bishop Duleep de Chickera
21. Brito Fernando
22. Chamila Thushari
23. Chandana Keerthi Bandara
24. Chandra Jayaratne
25. Chandra Wedagedara Jayaratne
26. Chandula Kumbukage
27. Chulani Kodikara
28. Cyril Wedagedara
29. Danesh Casie Chetty
30. Deanne Uyangoda
31. Deekshya Illangasinghe
32. Dharmasiri Lankapeli
33. Dr. Asanga Welikala
34. Dr. Cheran Rudhramoorthy
35. Dr. Devanesan Nesiah
36. Dr. Farzana Haniffa
37. Dr. Harini Amarasuriya
38. Dr. Harshana Rambukwella
39. Dr. Jayantha Dhanapala
40. Dr. Mahim Mendis
41. Dr. Nimalka Fernando
42. Dr. Nirmal Ranjith Dewasiri
43. Dr. P. Saravanamuttu
44. Dr. Prabha Manuratne
45. Dr. Radhika Coomaraswamy
46. Dr. Ranjini Obeyesekere
47. Dr. Sakuntala Kadirgamar
48. Dr. Shamala Kumar
49. Dr. Sujatha Gamage
50. Dr. Udan Fernando
51. Dr. Vasuki Nesiah
52. Dumindu Madhushan
53. Ephraim Shadrach
54. Ermiza Tegal
55. F. Zackariya
56. Fr. V. Yogeswaran
57. Gaya Nagahawatta
58. Geetha de Chickera
59. Gnanasiri Koththigoda
60. Harsha Bulathsinghala
61. Harsha Gunasena
62. Heelen de Alwis
63. Hejaaz Hizbullah
64. Herman Kumara
65. Hilmy Ahamed
66. Indika Udugampola
67. Inshira Faliq
68. Iromi Perera
69. Javid Yusuf
70. Jay Gunewardena
71. Jayanthi Kuru-Utumpala
72. Jayatilaka Kammallaweera
73. Jeanne Samuel
74. K.S.Ratnavale
75. K.W. Janaranjana
76. Kamala Vasuki
77. Kevin Murray
78. Kumudini Samuel
79. Kusal Perera
80. Lakshman Hewawitharana
81. Lal Wijenayake
82. Lasantha Garusinghe
83. Lionel Bopage
84. Lionel Guruge
85. M. L. Usuf
86. M.D. Mahindapa
87. M.K.D.S. Nilasini
88. Maithreyi Rajasingam
89. Manel Fonseka
90. Mario Gomez
91. Marisa de Silva
92. Minoli de Soysa
93. Nadie Kammallaweera
94. Nadeshan Suresh
95. Natasha Ginwala
96. Nuwan Thenuwara
97. P. Muthulingam
98. Padmini Weerasooriya
99. Philip Dissanayake
100. Prabodha Rathnayaka
101. Prema Gamage
102. Priyanthi Fernando
103. Priyath Liyanage
104. Prof. Arjuna Parakrama
105. Prof. Camena Guneratne
106. Prof. Daya Somasundaram
107. Prof. Desmond Mallikarachchi
108. Prof. Gameela Samarasinghe
109. Prof. Gananath Obeysekere
110. Prof. Jayantha Seneviratne
111. Prof. Kumar David
112. Prof. Maithree Wickramasinghe
113. Prof. Nilanthi de Silva
114. Prof. Priyan Dias
115. Prof. Rohan Fernando
116. Prof. Savitri Goonesekere
117. Prof. Sitralega Maunaguru
118. Prof. Vijaya Kumar
119. Rajan Hoole
120. Ranjith Perera
121. Rev. Dr. Jayasiri Peiris
122. Rosanna Flamer-Caldera
123. Roshan Quintus
124. Ruki Fernando
125. S. C. C. Elankovan
126. S.P. Pushpakanthan
127. Sachini Perera
128. Sanjana Hattotuwa
129. Sanjayan Rajasingham
130. Sarah Arumugam
131. Sarala Emmanuel
132. Sarath de Alwis
133. Senel Wanniarachchi
134. Shafinaz Hassandeen
135. Shalomi Daniel
136. Shanika Perera
137. Sherine Xavier
138. Sherman de Rose
139. Shreen Abdul Saroor
140. Silma Ahamed
141. Subha Wijesiriwardena
142. Sugath Amarasekera
143. Sumathipala Kariyawasam
144. Sumika Perera
145. Sumith Abeykoon
146. Sunela Jayewardene
147. Sunethra Rajakarunanayake
148. Sunil Perera
149. Suriya Wickremasinghe
150. Tanuja Thurairajah
151. Tassie Seneviratne
152. Tharanga de Silva
153. Thilak Kariyawasam
154. Thiyagaraja Waradas
155. Tisaranee Gunasekara
156. Tissa Jayatilaka
157. Titus Fernando
158. Tracy Holsinger Tennekoon
159. Uween Jayasinha
160. Vanamali Kaushalya Galappatti
161. Victor Ivan
162. Visaka Dharmadasa
163. Vishnu Vasu
164. W. Jayasiri
165. Wasantha A Liyanage
Organisations:
1. Association of War Affected Women
2. Centre for Human Rights and Development
3. Centre for Policy Alternatives
4. Centre for Social Concerns
5. Dabindu Collective
6. Equal Ground
7. Families of the Disappeared
8. International Centre for Ethnic Studies
9. Mothers and Daughters of Lanka
10. Muslim Women’s Research and Action Front
11. National Peace Council
12. Parents of Servicemen Missing in Action
13. Right to Life Human Rights Center
14. Rights Now – Collective for Democracy
15. Sri Lanka Committee Against Torture
16. Sri Lanka Nature Group
17. Uva Shakthi Foundation
18. Women Development Centre, Badulla
19. Women’s Political Academy
20. Women’s Resource Center
21. Young Asia Television