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SRI LANKA: A boy remains missing; no investigation by Batticaloa police

July 2, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-071-2009



03 July 2009
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SRI LANKA: A boy remains missing; no investigation by Batticaloa police

ISSUES: Disappearance; police negligence
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the case of a missing student Joyashan Yogendran has still not been taken up by Batticaloa police. It is alleged that Yogendran disappeared at a time when a number of his school friends were arrested for a high profile crime; three died in police custody, others remain unaccounted for.

CASE DETAILS: (According to the victim's parents and a local NGO)

The AHRC is extremely concerned for the wellbeing of a 20-year-old boy who disappeared on the morning of 3 May in Batticaloa town. Joyashan Yogendran (20) had left his home to visit a friend at around 11:30am and was reported missing shortly after. His father, Yogendran Scnithamby, and his mother Sugrithamalar, looked for him at the Batticaloa police headquarters that day due to concerns that he had been picked up by local police, but the police said that he had not been arrested. On 4 May the parents lodged an official report to say that their son was missing.

Joyashan had just returned home from two years of study in Malaysia. His parents are worried that his son may have been arrested in connection with a high profile case in which seven other boys were arrested, three of which were reported killed in custody. They still have no idea of his whereabouts and have not received word of progress in the investigation.

His parents have lodged complaints with the National Human Rights Commission and the ICRC regarding his possible abduction.

SUGGESTED ACTION:

Please write to the authorities concerned asking them to investigate the whereabouts of the missing boy and, if he has been arrested, to provide full access and information to his family regarding the charges and his welfare in custody.

To support this Urgent Appeal please send your letters to:
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SAMPLE LETTER:


Dear ___________,

SRI LANKA: A boy remains missing; no investigation by Batticaloa police

Name of victim: Joyashan Yogendran (20), son of Scnithamby and Sugrithamalar
Resident of 43 Boundry Road, Batticaloa town
Date of incident: 3 May 2009 at around 11:30am
Place of incident: Batticaloa town

I am writing to report my concern for the welfare of Joyashan Yogendran who disappeared on the morning of 3 May in Batticaloa town, shortly after leaving his home to visit a friend. His father, Scnithamby, and his mother Sugrithamalar looked for him at the Batticaloa police headquarters (Batticaloa Division, Eastern Range (South) that day due to concerns that he had been picked up by local police, but the police said that he had not been arrested. On 4 May the parents lodged an official report to say that their son was missing.

Joyashan had just returned home from two years of study in Malaysia. His parents are worried that his son may have been arrested in connection with a high profile case in which seven other boys were arrested, three of which were reported killed in custody. They still have no idea of his whereabouts and have not received word of progress in the investigation.

They have lodged complaints with the National Human Rights Commission and the ICRC regarding his possible abduction. We urge those at these institutions to do everything within their power to locate the boy and ensure his safety.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Mohan Peris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

2. Mr. Jayantha Wickramaratne,
Inspector General of Police (IGP),
New Secretariat, Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk


3. Secretary of the Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

4. HQI
Head Quarters Police Station
Batticaloa
SRI LANKA
Tel: +94 65 222 4364
Fax: +94 65 2224426


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-071-2009
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.