Statement condemning arbitrary arrest and detention of human rights defenders, Ruki Fernando, Fr. Pr

Saturday, 22 March 2014 00:00 - - {{hitsCtrl.values.hits}}

Head; Statement condemning arbitrary arrest and detention of human rights defenders, Ruki Fernando, Fr. Praveen Mahesan, victims and their families We, the undersigned welcome the release of prominent Sri Lankan Human Rights Defenders (HRDs) Ruki Fernando and Fr. Praveen Mahesan on 19 March 2014. We however strongly condemn their arbitrary arrest and detention by the Terrorism Investigation Division (TID) in Kilinochchi (Northern Province) on 16 March 2014. We also note, that this release was an exception to the general pattern, and was only made possible by sustained pressure and efforts by a wide range of individuals, organisations and governments advocating with the Sri Lankan Government to secure their release. We view with grave concern the arrest and detention of Nitharshana of Visuwamadu on 12 March, Balendran Jeyakumari of Dharmapuram Killinochchi and K. Sharmila of Paalai Ootru, Trincomalee, both on 13 March, and call for them to be charged or released under ordinary law and to ensure their physical safety. We condemn all such acts of arrest and intimidation against activists, victims and their families, particularly in the north and east, coinciding with the UN Human Rights Council sessions in Geneva. Ruki Fernando is an activist affiliated with a number of institutions including the Rights Now- Collective for Democracy and Inform Human Rights Documentation Centre. Fr. Praveen Mahesan, is a Catholic priest based in the north of Sri Lanka. Both HRDs have worked closely with victims of human rights violations including families of the disappeared in former war affected areas in the north and east of Sri Lanka. Their work has focused on supporting the families of victims of human rights abuses: to listen to their stories, to find ways of supporting the families of the missing and to find redress and help them file complaints. Their accessibility and their personal commitment to the victims of human rights in the north and east in particular, earned the respect of conflict affected communities and activists within and outside Sri Lanka. At around 10 p.m. on 16 March, Ruki informed several colleagues that he and Fr. Praveen were being questioned at the Kilinochchi Police Station. Despite appeals by their lawyers for information on their whereabouts, the police and the TID provided deliberate misinformation as to where the HRDs were being held and no reasons were provided for their arrest. We are now informed that following their arrest, the HRDs were harshly interrogated by the TID at the Killinochchi Police Station for around three hours and taken to the office of the Superintendant of Police in Vavuniya where they were held for around two hours before being brought to Colombo. The HRDs were brought to the TID office in Colombo at around 11:30 a.m. on 17 March and held and questioned until their release at around 1:30 a.m. on 19 March 2014. Ruki Fernando was extensively questioned on his human rights work, specifically his involvement in sending information to be used at the Human Rights Council Session in Geneva. We view with concern that for the entire period of their detention, both HRDs were denied access to their lawyers despite repeated requests by Ruki Fernando initially at the point of arrest in Killinochchi and later at the TID in Colombo, to the Officer in Charge TID and the Deputy Inspector General TID. Ruki Fernando in his statement to the National Human Rights Commission (NHRC) officers at the TID in Colombo, among other requests, asked that he be allowed access to his lawyers. Several lawyers personally visited the TID in Colombo and also made a written request on 17 March based on instructions and assurances given by the TID. On 18 March, the lawyers filed a complaint No. HRC 1254/14 with the National Human Rights Commission (NHRC) regarding the denial of access. Despite these efforts and assurances by the TID, the lawyers were never permitted access to visit Ruki Fernando or Fr. Praveen during their detention. Ruki Fernando’s parents were delivered a notice of arrest at around 11 am on 17 March. Both HRD’s immediate families were permitted to meet them for a few minutes in the presence of a TID officer. Fr. Praveen was also permitted a visit by two Catholic Priests on 18 March. Ruki Fernando’s parents filed a complaint under No. HRC/1255/14 with the NHRC on 18 March 2014 regarding his arbitrary arrest and detention. The arrest of the two HRDs takes place against the backdrop of several arrests and acts of intimidation against HRDs and families of victims and a marked increase in military presence and surveillance in the north. On 12 March, a family of three from Visuwamadu, were arrested by the TID and the daughter Nitharshana (28 years) is currently detained at an undisclosed location. On 13 March, Balendran Jeyakumari was arrested by the TID from Tharmapuram, Kilinochchi and her 13 year old daughter was placed under state probation. Jeyakumari is currently detained at the Boosa Detention Centre. On 13 March, K. Sharmila, a pregnant woman from Paalai Ootru, Trincomalee was arrested by the TID and is also now being held at the Boosa Detention Centre. The human rights community has been closely monitoring similar incidents of arrests and intimidation of victims and their families and activists. Ruki and Fr. Praveen have been among those who were keenly following these incidents in the north. We condemn the arbitrary arrest and detention of Ruki Fernando, Fr. Praveen Mahesan and call for the immediate release of all those mentioned above. We are shocked at the treatment of these individuals as they have worked towards reconciliation and creating a culture of peace and respect for human rights. We are extremely concerned about the increased incidents of arbitrary arrest and detention particularly the lack of information regarding reasons for arrest, place of detention and the lack of access to legal representation. We also reiterate our call to repeal the repressive Prevention of Terrorism Act (PTA), which facilitates the state to carry out such arbitrary and illegal arrests and detentions. Such treatment of HRDs and victims, only serve to perpetuate the climate of fear and insecurity of conflict affected communities. We see these as systematic attempts of intimidation aimed at preventing persons from coming forward to volunteer information, verify acts of human rights violations and advocate on behalf of those affected in Sri Lanka. We therefore call on the Sri Lankan Government to:

Charge or release with immediate effect all those who are arbitrarily arrested and detained
Ensure their right to equality before the law, freedom from arbitrary arrest and right to due process, which includes the right to legal representation and visits by their family members
Ensure the safety, and physical and mental wellbeing of those currently held in detention including access to medical care
Provide an enabling environment for reconciliation and protection and not criminalize legitimate acts of support for survivors of human rights abuses
Repeal the Prevention of Terrorism Act (PTA)

Signatories Rt. Rev. Dr. Rayappu Joseph - Catholic Bishop of Mannar Rt. Rev. Kumara Illangasinghe - Anglican Bishop Emeritus of Kurunegala A. De Silva A.M. Faaiz - Attorney-at-Law A.S.M Rayees - Human Rights Activist Ahila Ahilan Kadirgamar Ainslie Joseph Ajith Rajapaksha Amal de Chickera Anjani Ranasinghe Anoma de Alwis Anthony Jesudasan Anton Marcus - Joint Secretary, Free Trade Zones and General Services Workers Union Anushaya Collure Arjini Nawal Ashila Niroshine Mapalagama - StandUp Movement Asiri Jayatilake - Attorney-at-Law Asitha De Silva Ayeshea Perera B. Skanthakumar Beryl Perera Bhagya Perera Bhavani Fonseka Bradman Weerakoon Brito Fernando Buddhima Padmasiri C. Dissanayake Cayathri D - Feminist Activist Chamila Hameed Chamila Thushari Chamindry Saparamadu - Attorney-at-Law Chamith Fonseka - Harvard University Chandana Kumara Chandraguptha Thenuwara - Artist & Senior Lecturer Chandrika De Silva Charles Sarvan Chulani Kodikara D.B.S. Jeyaraj - Journalist Damaris Wickremesekera Danushka Cooray Daya Herath Deanne Uyangoda Delicia Fernando Dhammika de Silva - United Socialist Party (USP) Dharmasiri Lankapeli - General Secretary, Federation of Media Employees’ Trade Union Dharsha Jegatheeswaran Dileni Gunewardena Ph.D. - University of Peradeniya Dilhara Pathirana - Law & Society Trust Dilshy Banu Dinidu de Alwis - Editor, The Republic Square Dishani Jayaweera - Attorney-at-Law Dr. Anita Nesiah Dr. D.S. Rajasingham Dr. Devanesan Nesiah Dr. Dharmasena Pathiraja Dr. Laksiri Fernando Dr. Paikiasothy Saravanamuttu - Executive Director, Centre for Policy Alternatives (CPA) Dr. Selvy Thiruchandran - Women’s Education and Research Centre (WERC) Dr. Sonali Perera - City University of New York Dr. Sumathy Sivamohan - Peradeniya Dr. Sunil Wijesiriwardena Dr. Vinoth Ramachandra Dr. Zulfika Ismail Dushiyanthini Kanagasabapathipillai Dylan Perera Emil van der Poorten Ermiza Tegal - Attorney-at-Law Faizun Zackariya Farzana Haniffa Freddy C. Gamage G.A. Prabath Kumara - Senior Civil Activist, Badulla G.C. Ambegoda Gamini Viyangoda Gayathri Gamage Gehan Gunatillake Githanjali Amarasingham Algama Hans Billimoria Harean Hettiarachchi Hemalatha Herman Kumara Hilmy Ahamed Ian Ferdinands Indika Ruwan Indrakanthi Perera Indunil Kankanamghe Iromi Perera Isuru Perera Ithayarani Sithravel J. Vasuki - Feminist Activist, Batticaloa J.S. Niles J.S. Tissainayagam Jagath Liyana Arachchi - Attorney-at-Law Jake Oorloff Jan Ramesh de Saram Janaki Dharmasena Jayasingam. T Jehan Perera Joe William Johann Tranchell Joseph Stalin - Ceylon Teacher’s Union Jovita Arulanantham Juanita Arulanantham - Attorney-at-Law Juliana Arulanantham Juwairiya Mohideen K. Aingkaran K.S. Ratnavale – Attorney-at-Law – Centre for Human Rights and Development Kalani Subasinghe Kandiah Rajaledsumi - Women Right Activities Kapila De Silva Keshayinie Edmund - Journalist Krishanthi Fernando Krishna Velupillai Kumara Alagiyawanna - Journalist (Secretary - FMM) Kumaran Nadesan Kumaravadivel Guruparan Kumari Fernando Kumudini Kalubowila Kumudini Samuel Kusal Perera - Journalist Lawrence Ferdinando Lesley Sirimane Linus Jayatilake - President, United Federation of Labour Lionel Bopage Lucille Abeykoon Luwie Niranjan M. G. Chakramani - Citizens for a Secure Sri Lanka M. Gajen M. Mangaleswary - Attorney-at-Law M. Rahman - Mannar M.A. Sumanthiran - Attorney-at-Law Mahaluxmy K. - Mannar Mala Liyanage - Executive Director, Law and Society Trust (LST) Malathi de Alwis Manjula Pathiraja - Attorney-at-Law Manori Kalugampitiya - Rights Now and Editor of Samabima news Mareen Srinika Mario Gomez Marisa de Silva Melani Manel Perera Melisha Yapa Minari Fernando Minoli de Soysa Mirak Raheem Miyuru Gunasinghe Mohamed Rifadh - Jaffna Mohammed Mahuruf Monica Alfred Nalaka Gunawardene - Writer & Columnist Nalini Sivathasan Namal Rajapaksha - Attorney-at-Law Nandana Egodapitiya Navin Weeraratne Neil Priyantha Fernando Nianjala Ariyawansha Nicola Perera Niduk Madushika Nigel V. Nugawela Nihal R. Peris - C.S.R Nilantha Ilangamuwa - Journalist Nilshan Fonseka Nimalee Fernando Nimalka Fernando Nipunika Fernando Nirmanusan Balasundaram - Freelance Journalist Nishan de Mel Nisho Fonseka Niyanthini Kadirgamar Niyesha Ranasinghe Nuwan Bopage - Attorney-at-Law P. Hewamanna P. Vijayashanthan - Artistic Director, Theatre P.N. Singham Padma Pushpakanthi Panhirala Somasiri Parakrama Niriella - Drama and Film Director Pearl Luctia Peter Rezel Philip Setunga Phillip Dissanayake Prabu Deepan Prasad Pereira Prasad Sanjeewa Gamage Prasanna Amarasinghe Prathibha Perera Princy Fernando Priya Thangarajah Priyadarshne Aryarathne Priyantha Gamage - Attorney-at-Law Priyanthi Fernando Prof. Ajit Abeysekera Prof. Dushyanthi Hoole Prof. Jayantha Seneviratne - University of Kelaniya Prof. Priyan Dias Prof. Qadri Ismail - Associate Professor, University of Minnesota Pushparani Figurado - Law and Society Trust R. Karunanithy - Social Worker, Jaffna R. Pratheepkumar - Mannar R.M.B. Senanayake - Retired CCS Rajany Chandrasegaram - Women Rights Activist, North Ralston Weinman Rashini Mendis Rathika Innasimuttu - The Social Architects Rebecca de Alwis Renu Alakenthiram Rev. Bro. Anton Fernandopulle Rev. Fr. A. Augustine - Jaffna Rev. Fr. Anton Jayananda - Christian Solidarity Movement (CSM) Rev. Fr. Ashok Stephen - Centre for Society and Religion Rev. Fr. Elil Rajendram SJ - Vavuniya Rev. Fr. Jeyabalan Croos Rev. Fr. M. Sathivel Rev. Fr. Nandana Devapriya Rev. Fr. Nandana Manatunga Rev. Fr. Reid Shelton Fernando Rev. Fr. Rohan Dominic Rev. Fr. S.V.B. Mangalarajah, Jaffna Rev. Fr. Sarath Iddamalgoda - Christian Solidarity Movement (CSM) Contd. on p17 Rev. Fr. Sebamalai Emmanuel - Mannar Rev. Fr. Sherard Jayawardane Rev. Fr. Stanislaus Philips Rev. Fr. Terence Fernando Rev. Fr. V. Yogeswaran SJ - Trincomalee Rev. Jason J. Selvaraja - Senior Pastor, Assembly of God, Chavakachcheri Rev. Sr. Angela Fernando - Christian Solidarity Movement (CSM) Rev. Sr. Deepa Fernando (HF) Rev. Sr. Deepthika Silva Rev. Sr. Helen Fernando (HF) Rev. Sr. Immaculate de Alwis Rev. Sr. Nichola Rev. Sr. Noel Christine Fernando - Sramabimani Sansadaya Rev. Sr. Pradeepika Perera Rev. Sr. Ramani Fernando Rev. Sr. Shrimali Gonagala - S.C.J.M Rohini Hensman - Writer and Activist Ronnate D. Asirwatham Ronnie Yogarajah Rosannna Flamer-Caldera Roshani Fernandopulle S. Amarasinghe - Deputy General Secretary, United Federation of Labour S. Ockersz – Attorney-at-Law S.R. Perera S. Ratnajeevan H. Hoole - Michigan State University S.A. Beling S.G. Nisha - Young Women Rights Activist, Mannar Sachini Perera Sampath Pushpakumara Sampath Samarakoon Sanjana Hattotuwa - Editor, Groundviews Sanjaya Senanayake - Documentary Producer Sanjayan Rajasingham - Student Sanjendra Vignaraja - Attorney-at-Law Sarala Emmanuel Saranapala Silva Saroja Sivachandran Sathy Kulasingham Selvarajah Rajasegar Shan Wijetunge - Transparency International Sri Lanka Shanthi Dias Sharika Thiranagama Shehan Madawela Sheila Richards Sherine Xavier - Human Rights Activist Shiro Perera Shreen Abdul Saroor - Women’s Action Network (WAN) Siritunga Jayasuriya - United Socialist Party (USP) Suba Sivakumaran Subha Wijesiriwardena Subhashini Samaraarachchi Sudarshana Gunawardena Sujith Xavier - Assistant Professor of Law, Faculty of Law, University of Windsor Sumith Chaaminda Sunanda Deshapriya Sundram Mahendran - Director, Committee of Investigation of Disappearances Sunila Jayasekara - Free Media Movement Suren D. Perera - Attorney-at-Law Suren Fernando - Attorney-at-Law Sushmitha Thayanandan T. Mathuri - Attorney-at-Law T. Savithri Taanya Tranchell Tanuja Thurairajah - Researcher/Activist Tanya Rajapakse Tehani Ariyaratne Thiruni Kelegama Thushara Hewage - Columbia University Thushari Madahapola Thushya Shah Thyagi Ruwanpathirana Tisaranee Gunasekara - Commentator Tony Senewiratne Udaya Kalupathirana Udul Premarathna - Attorney-at-Law Upul Wickramasinghe Uthaya Shanmugam V. Sanjeev V.V. Ganeshananthan Vadivel Suganthi Vasuki Nesiah - Assoc. Prof. of Practice, New York University Venuri Perera Vijula Arulanantham Vinoth Adhikari Viresh Fernando - Barrister & Solicitor Visaka Dharmadasa Visakha Tillekerathne W.A.D.D. Pradeep W.F. Priyankara Costa YaliniDream Yamini Ravindran - Attorney-at-Law Yasodara Aruni Jayakody Zainab Ibrahim