SRI LANKA: Illegal inquiries conducted by Colombo Criminal Division (CCD) and the National Investigation Bureau (NIB) against four reputed human rights organisations in Sri Lanka

The Asian Human Rights Commission (AHRC) seeks your kind intervention regarding an illegal inquiry and harassment initiated by the Government of Sri Lanka against four reputed human .

The facts relating to this incident are as follows:

On 12 July 2008 a group of police officers from the CCD visited the office of the Right to Life Centre, a human rights organisation based in Negombo, Sri Lanka. The officers demanded that they record statements from the staff of the Centre who were present at the office at that time. The office staff were Mr. Prasange Fernando and Mr. Erantha Thennakoone.

Inspector of Police Mr. Kularathna took down the statements from Fernando and Thennakoone. The recording of the statements lasted from about 9.30am to about 1pm. The statements were recorded at the office of the Right to Life Centre. Mr. Kularatna did not reveal any allegations or any suspicion regarding the organisation or any tenable reason under the Criminal Procedure Code of Sri Lanka for demanding and recording the statements. Under the Criminal Procedure Code of Sri Lanka the police are entitled to record statements only when there is some suspicion regarding breach of law. No such incident or any other criminal act was mentioned as the reason for this inquiry.

The detailed statement recorded from Fernando was concerning a pamphlet published by four reputed organisations on 10 December 2007 observing the International Human Rights Day. The pamphlet mentions among other things about the disappearances that had taken place for several decades in Sri Lanka. The officer questioned Fernando and Thennakoone about the history of the organisations and the individuals involved in the organisation, matters relating to the registration of the organisation, activities of the organisation and the sources of funding of the organisation. Copies of all books and publications in the office of the right to Life Centre were also taken by the officer. After recording a very long statement on each of these matters the officer asked Fernando and Thennakoone to sign the statement.

Thereafter they were asked to report immediately to the CCD. When they replied that they have already given their statement and therefore there was no reason to go to the CCD to make a further statement, they were told that they could be arrested and taken to the CCD. Thereafter these two persons visited the CCD and a statement was again recorded by the Senior Superintendent of Police (SSP) Mr. Anurasenanayaka. The matters covered in the statement were same as before and the question regarding the pamphlet about disappearances published on 10 December 2007 were detailed and they were asked to take responsibility for the two statements, which they did.

After recording the statement at the CCD, two officers from the NIB questioned Fernando and Thennakoone again on the same matter. During this interrogation they were told that the statements regarding disappearances and human rights abuses are used in international campaigns against Sri Lanka and such statements were also demoralising. Fernando and Thennakoone were reminded that they were Sinhala Buddhist, who should not engage in such activities. They were also told that such criticisms go against the government. Then they were asked to bring the leaders of the four organisations who have signed the pamphlet at 10.30am on 13 July 2008 to the Dematagoda Criminal Division. If the leaders would not attend Fernando was asked to report at the station.

The organisations which have been asked come at the Dematagoda Criminal Division are (1) Right to Life Centre – Negombo, (2) Law Society and Trust – Colombo, (3) Janasansadaya – Panadura and (4) Civil Rights Commission – Colombo.

You are aware that there had been severe repression of the media in Sri Lanka in the recent months. It seems now that the same repression is extending to the human . Any form of human rights documentation and publication is being treated as being against the government and adverse to military campaigns.

These four organisations are purely human rights organisations engaged in day-to-day human rights activities within the framework of the law.

The AHRC is concerned that the emergency and anti-terrorism laws in Sri Lanka may be used against these organisations to harass their human rights activists and also to instill fear to prevent legitimate human rights work by these organisations.

The AHRC therefore requests your urgent intervention on this matter and to protect the human rights organisations named above as well as the individuals who are also leaders and the members of these organisations.

Sincerely,

Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong

Document Type : Open Letter
Document ID : AHRC-OLT-018-2008
Countries : Sri Lanka,