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SRI LANKA: An attempt is made to abduct a journalist and human rights defender

July 9, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-128-2012

9 July 2012
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SRI LANKA: An attempt is made to abduct a journalist and human rights defender

ISSUES: Freedom of expression; impunity; rule of law; denial of investigation and justice
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that an attempt was made to abduct Mr. Shantha Wijesuriya, a journalist for Lanka-e-news, Sri Lanka’s most widely read online news publication. Shortly after the publication of a controversial article in which AHRC-UAC-128-2012-02.jpgMr. Wijesuriya highlighted the link between a known criminal and the Rajapaksa family, two men in a white van tried to pull Mr. Wijesuriya into their vehicle as he traveled in Nugegoda, a suburb of Colombo.

Immediate steps must be taken to investigate this abduction attempt, and provide for Mr. Wijesuriya’s safety, as well as the safety of his family. In light of previous attacks on local journalists, it is imperative that action is taken to preserve Mr. Wijesuriya’s safety. Indeed, Mr. Wijesuriya’s colleague, Prageeth Eknaligoda, of Lanka-e-news, was abducted and disappeared on 24 January 2010. The offices of Lanka-e-news have survived several arson attacks.

As well as Lanka-e-news, Mr. Wijesuriya has written for the Mawubima newspaper, writing about judicial corruption, miscarriages of justice and the necessity of judicial independence. Since he is not a member of the elite classes, these brave attempts to defend the basic rights of working-class people are all the more admirable. Mr. Wijesuriya is concerned with reporting news in a transparent and trustworthy manner, even if this leads to his arbitrary arrest and detention. He has been an active organizer of and participant in public events held to protect and promote the human rights of the Sri Lankan people. He works courageously, with full awareness of the danger that he and his family members might face. The AHRC calls on the Sri Lankan government to immediately provide forces to protect a journalist who works towards the goal of a pluralist, independent media. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission has received, an attempt was made to abduct Mr. Shantha Wijesuriya, a well-known journalist and respected human rights defender, on the evening of 5 July 2012 at Nugegoda in the Colombo District. The incident was covered by the BBC Sinhala Service.

Reportedly, the incident occurred at Nugegoda, a suburb of Colombo. Mr. Wijesuriya noticed that he was being followed by a white van, and changed his route so as to avoid the vehicle. As he changed lanes, two people jumped out of the van and tried to pull him into the vehicle. One man caught Mr. Wijesuriya’s shirt and tried to drag him into the van, but Mr. Wijesuriya managed to kick him and escape on foot. Mr. Wijesuriya immediately reported the incident to the local police station, as well as to local and international media organizations.

AHRC-UAC-128-2012-01.jpgMr. Wijesuriya has written for several print and online publications, and is a well-respected journalist. He has written numerous articles regarding corruption and governmental mismanagement. Recently he wrote an article about the connection between the Rajapaksa family and Julampitiya Amare, aka, Geegana Gamage Amarasena, a criminal who has been evading warrants for many years perhaps through a close relationship with a number of government officials.

In his article, Mr. Wijesuriya explained that Mr. Amare is suspected of around 24 murders, 15 robberies and 20 arson attacks. He has acquired approximately 100 acres of land by force, and recently sold 20 acres of this plot. Mr. Wijesuriya went on to illuminate the connection between Mr. Amare and the Rajapaksa family. The abduction attempt took place a few days after the article was published. A copy of the article, written in Sinhala, can be found here.

This incident is one in a series of recent incidents in which members of the local media have been the target of violence for disseminating the truth of their societies. Last week, the AHRC reported that several people were arrested by a unit within the Ministry of Defense, allegedly for the possibility of committing a crime. The members of the unit entered their work premises, inspected and confiscated two computers. The eight arrested employees were produced before a magistrate who granted them bail. According to court documents, the magistrate criticized the unit, stating that it was not acceptable for an arrest to take place on the grounds that a group of people are suspecting of committing a crime in the future.

These attempts of abduction and arbitrary arrest are part of a series of actions on the part of the Sri Lankan government to attack and silence web publications. It is vital that attention is drawn to this pertinent issue. In a country where local print publications are suppressed by intimidation and attacks, web journalism has become an important alternative within the media spectrum, providing information that is not otherwise available to the public. An investigation into this attempted abduction must be carried out immediately in a transparent and ethical manner.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has observed that physical attacks against journalists have fallen overall since 2010, but threats and acts of intimidation continue to be common in Sri Lanka without judicial authorities taking interest in these instances.

Since 2008, the AHRC has observed that four journalists have been murdered in Sri Lanka. Each of these journalists spoke out against prevailing state forces. None of the cases has been solved. The well-known cartoonist, Prageeth Eknaligoda, has been missing since January 2010. Over the past few years, more than 50 journalists and activists have fled Sri Lanka, fearing for their lives.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of assault against the journalist by the unidentified gang, and the prosecution of those proven to be responsible under the criminal law of the country.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression on this regard.

To support this appeal, please click here:  

SAMPLE LETTER:

Dear ________,

SRI LANKA: An attempt is made to abduct a journalist and human rights defender

Name of the victim: Mr. Shantha Wijesuriya of Lankaenews online news web
Alleged perpetrator: Unidentified group of people
Date of incident: 5 July 2012
Place of incident: Nugegoda Police Division in Colombo District

I am writing to express my serious concern over the case of Mr. Shantha Wijesuriya, a well-known journalist and respected human rights defender, on the evening of 5 July 2012 at Nugegoda in the Colombo District. The incident was covered by the BBC Sinhala Service.

Reportedly, the incident occurred at Nugegoda, a suburb of Colombo. Mr. Wijesuriya noticed that he was being followed by a white van, and changed his route so as to avoid the vehicle. As he changed lanes, two people jumped out of the van and tried to pull him into the vehicle. One man caught Mr. Wijesuriya’s shirt and tried to drag him into the van, but Mr. Wijesuriya managed to kick him and escape on foot. Mr. Wijesuriya immediately reported the incident to the local police station, as well as to local and international media organizations.

Mr. Wijesuriya has written for several print and online publications, and is a well-respected journalist. He has written numerous articles regarding corruption and governmental mismanagement. Recently he wrote an article about the connection between the Rajapaksa family and Julampitiya Amare, aka, Geegana Gamage Amarasena, a criminal who has been evading warrants for many years perhaps through a close relationship with a number of government officials.

In his article, Mr. Wijesuriya explained that Mr. Amare is suspected of around 24 murders, 15 robberies and 20 arson attacks. He has acquired approximately 100 acres of land by force, and recently sold 20 acres of this plot. Mr. Wijesuriya went on to illuminate the connection between Mr. Amare and the Rajapaksa family. The abduction attempt took place a few days after the article was published. A copy of the article, written in Sinhala, can be found here.

This incident is one in a series of recent incidents in which members of the local media have been the target of violence for disseminating the truth of their societies. Last week, the AHRC reported that several people were arrested by a unit within the Ministry of Defense, allegedly for the possibility of committing a crime. The members of the unit entered their work premises, inspected and confiscated two computers. The eight arrested employees were produced before a magistrate who granted them bail. According to court documents, the magistrate criticized the unit, stating that it was not acceptable for an arrest to take place on the grounds that a group of people are suspecting of committing a crime in the future.

These attempts of abduction and arbitrary arrest are part of a series of actions on the part of the Sri Lankan government to attack and silence web publications. It is vital that attention is drawn to this pertinent issue. In a country where local print publications are suppressed by intimidation and attacks, web journalism has become an important alternative within the media spectrum, providing information that is not otherwise available to the public. An investigation into this attempted abduction must be carried out immediately in a transparent and ethical manner.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of assault against the journalist by the unidentified perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Ms. Eva Wanasundara
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-128-2012
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.