Asian Federation Against Involuntary Disappearances
20 December 2011
OPEN LETTER LETTER
HIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSE
Office of the President,
Temple Trees, 150, Galle Road,
Colombo 3, Sri Lanka
His Excellency President Rajapakse,
The Asian Federation Against Involuntary
Disappearances (AFAD) recently received reports regarding the enforced
disappearance of two human rights defenders, Mr. Lalith Kumar Weeraraja
and Mr. Kugan Muruganandan.
The above-mentioned persons were last seen leaving
the residence of Mr. Muruganandan on Avarangal, Jaffna on a motorbike
(license no NP GT 7852) on the 9th of December 2011 at 5:00 p.m.
At the time they disappeared, they were organizing a
press conference for the 10TH of December International Human Rights Day
to project the protest action of the Movement for People’s Struggle in
Colombo on 13th December 2011.
The families have not seen the two men since then.
They were unofficially informed that both human rights defenders were
kept in an unidentified detention facility in Jaffna district. By eleven
in the evening of the 9th of December, the father of Mr. Weeraraja
reportedly received phone calls threatening to kill Mr. Weeraraja and
further stating “either you remove your son from Jaffna or we will do it
for you.” The incident was lodged as a complaint under the Kosgama
Police Station on the 11th of December 2011 (CIB 94/133).
Mr. Weeraraja serves as the Executive Committee
member of the organization, “We Are Sri Lankans” and the Jaffna
Coordinator of the Jana Aragalaya (People’s Struggle) movement while Mr.
Muruganandan actively assisted Mr. Weeraraja in the conduct of his human
rights work. Both defenders were campaigning against enforced
disappearances, promotion of the rights of the internally displaced
persons in the north and the release of political prisoners among
others.
Prior to their disappearance, Mr. Weeraraja
previously suffered from threats by the army and police regarding his
work.
In April 2011, Mr. Weeraraja and a colleague were
arrested by the Vavuniya police and threatened to be shot while putting
up posters about enforced disappearances in the North.
On the 23rd of June 2011, he and another colleague
were again abducted by officers of the Killinochchi army camp (Depo
Junction) and were detained and interrogated in an abandoned ice cream
factory.
On the 14th of November 2011, Mr. Weeraraja with
other human rights defenders suffered from severe beatings by
unidentified men during a protest with the families of the disappeared
in Jaffna in front of the Jaffna town bus stand. The beatings happened
in front of the military, who did not intervene and stop the attack.
AFAD strongly condemns the disappearance of the Mr.
Weeraraja and Mr. Muruganandan. The work of both human rights defenders’
is crucial in demanding justice for the victims of enforced
disappearances of the Tamils in the North. The disappearance of Mr.
Weeraraja and Mr.
Muruganandan was clearly an act to suppress efforts
to uncover the truth behind cases of disappearances in the past.
The Federation demands for the Rajapaksa
administration to:
1. Immediately intervene and investigate the
disappearance of Mr. Lalith Kumar Weeraraj and Mr. Kugan Muruganandan
particularly the allegations that government security forces are
responsible for the act.
The conduct of the investigations must lead to the
disclosure of the whereabouts of the victims, the release of the victims
from custody, the disclosure of the identity of the perpetrators
including the grounds in which both human rights defenders were held.
Specifically, the threatening phone calls received by
Mr. Weeraraja’s father must be thoroughly investigated to establish
leads to the whereabouts of the victims and the perpetrators;
2. The past harassments and threats to Mr. Weeraraja
(April 2011 threats involving the posters of the disappeared, abduction
and detention on the 23rd of June 2011 by officers of the army camp in
Killinochchi, and the beatings on the 14th of November during the
protest action by the families of the disappeared) must also be
investigated with the erring officials sanctioned and brought before the
court of law;
3. Ensure that an impartial investigation will be
conducted, with the proceedings held with transparency. Information
regarding the case must be made accessible to the families, other
parties concerned and the public;
4. Ensure the protection of the families of Mr.
Weeraraj and Mr. Muruganandan as well as other human rights defenders
intervening with and on behalf of the victims in pursuing for legal
remedies.
The Federation urges the Government of Sri Lanka for
the compliance to Article 3 of the Universal Declaration of Human Rights
stating “…the right to life, liberty and security of person”. The UN
Declaration on the Protection of All Persons from Enforced Disappearance
has emphasized enforced disappearance as an offense to human dignity and
violates “…the right to recognition as a person before the law, the
right to liberty and security of the person and the right not to be
subjected to torture and other cruel, inhuman or degrading treatment or
punishment,”. The International Convention for the Protection of All
Persons from Enforced Disappearance (ICPAPED) under Article 1
subsequently reiterated the right not to be subjected to enforced
disappearance and that no circumstances can be invoked to justify
enforced disappearance.
Enforced disappearance brings immense suffering both
to the victim and their families. We trust that the Rajapaksa
administration will recognize state obligations prescribed under the
international human rights instruments particularly in ending enforced
disappearance and the firm refusal to tolerate enforced disappearance.
We trust that the Government of Sri Lanka will heed
the plight of the family as they demand for the truth behind the
disappearance of their loved ones, Mr. Weeraraja and Mr. Muruganandan,
and the prosecution of perpetrators responsible for the assault to the
dignity of both human rights defenders.
We shall await the immediate intervention regarding
the said case.
Thank you.
For the protection of human rights,
