SRI LANKA: Perpetrators of a brutal attack on a student of Jaffna University have not been arrested

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-223-2011
ISSUES: Freedom of assembly, Impunity, Right to fair trial, Right to redress, Rule of law, Torture,

Dear friends,

Mr. Rajavarothayan Kavirajan (27) of Nalloor, Punarin in Kilinochchi District, a final year student of Art Faculty of the Jaffna University was severely assaulted by members of an unknown group, who are believed to be of the country’s military intelligence units, in Jaffna on 24 October 2011. Rajavarothayan was seriously injured, and was admitted to the Kilinochchi General Hospital and then on the next day considering the severity of the condition he was transferred to the Intensive Care Unit of the Jaffna Teaching Hospital. Rajavarothayan organized many protests against the attack on his fellow student and the President of the Jaffna University Student Union on 16 October 2011. None of Sri Lanka’s law enforcement agencies have begun a transparent investigation into the incident. The fate of a civil rights activist is in danger. Thavapalasingham’s relatives and the rest of Sri Lankan civil society are waiting for the perpetrator to be caught and justice to be appropriately delivered. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Rajavarothayan Kavirajan (27) of Nalloor, Punarin in Kilinochchi District was assaulted by unknown armed group on 24 October 2011.

AHRC-UAC-223-2011-01.jpgRajavarothayan is a resident of Nalloor, Punarin in Kilinochchi. He is a final year student at the Art Faculty of the University of Jaffna. Rajavarothayan actively participated in several student protests organized by the Jaffna University Student Union demanding justice against the assault of its president Subramaniyam Thavapalasingham on 16 October 2011. In the protest students observed several military officials video graphing the protests. Rajavarothayan was one of the leaders who organized the protests against the attack against their student leader.

On 24 October around 2pm, Rajavarothayan, after visiting one of his relatives, was on his way home. When he was passing the Paranthan Junction on Punareen Pranthan Road an armed gang approached by a three wheeler and started to assault him with iron bars. The injured Rajavarothayan fell to the ground and the attackers continued to assaulting him stones resulting in serious facial injuries.

The people of the brought Rajavarothayan to the Kilinochchi General Hospital for treatment but considering the severity of his condition Rajavarothayan was transferred to Jaffna Teaching Hospital. Then Rajavarothayan was treated in Intensive Care Unit (ICU) in critical condition. Rajavarothayan is presently warded at ward No: 28 as in door patient. The victim states that the attack was made by the military intelligence units in order to suppress the protests and demonstrations of the students unions. The eye-witnesses allege that the attackers were from the military intelligence units of the country due to the behavior of the perpetrators and the instances of recording the scene of attack on video cameras by military intelligence officers while the students were protesting.

None of Sri Lanka’s law enforcement agencies have begun a transparent investigation into the incident. The fate of a civil rights activist is in danger and the victim’s relatives and the rest of Sri Lankan civil society are waiting for the perpetrators to be caught and justice to be appropriately delivered. This case is yet another illustration of the fact that the authorities turn a blind eye when people that they consider opponents or potential opponents to the regime in power are attacked in broad daylight.

ADDITIONAL COMMENTS:

A Press Release from Networking for Rights has expressed shock over the attack on Subramaniam Thevapalasingham, the student leader.

“Harassment and intimidation of civilians has become a way of life in Sri Lanka, and in the past several years the numbers of incidents have escalated in all parts of the country. It is the right of all civilians to mobilize and participate in peaceful protests; that is the hallmark of a truly democratic country.

However, the opposite is true in Sri Lanka, where any attempt by civilians to voice their concerns, or the media to raise any issue is met with some form of brutality. It is an indication of an administration which resorts to undemocratic methods to suppress freedom of expression and dissent and enables other unruly elements to take the law into their own hands.

Merely conducting elections does not ensure democracy; rather it is the respect for the rule of law and rights of citizens to voice their concerns that make a true democracy.

Networking for Rights reiterates its call that while civilians are protected and their right to dissent is upheld, that a genuine and speedy inquiry is held into Thavapalasigham’s assault and the culprits brought to book”.

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 student leader 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 torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

SRI LANKA: Perpetrators of a brutal attack on a student of Jaffna University have not been arrested

Name of the victim: Mr. Rajavarothayan Kavirajan (27) of Nalloor, Punarin in Kilinochchi District
Alleged perpetrator: Unidentified gang believed to be of military intelligence units
Date of incident: 24 October 2011
Place of incident: Punareen Paranthan Road at Paranthan Junction

I am writing to express my serious concern over the case of Mr. Rajavarothayan Kavirajan (27) of Nalloor, Punarin in Kilinochchi District was assaulted by unknown armed group on 24 October 2011.

Rajavarothayan is a resident of Nalloor, Punarin in Kilinochchi. He is a final year student at the Art Faculty of the University of Jaffna. Rajavarothayan actively participated in several student protests organized by the Jaffna University Student Union demanding justice against the assault of its president Subramaniyam Thavapalasingham on 16 October 2011. In the protest students observed several military officials video graphing the protests. Rajavarothayan was one of the leaders who organized the protests against the attack against their student leader.

On 24 October around 2pm, Rajavarothayan, after visiting one of his relatives, was on his way home. When he was passing the Paranthan Junction on Punareen Pranthan Road an armed gang approached by a three wheeler and started to assault him with iron bars. The injured Rajavarothayan fell to the ground and the attackers continued to assaulted him stones resulting in serious facial injuries.

The people of the brought Rajavarothayan to the Kilinochchi General Hospital for treatment but considering the severity of his condition Rajavarothayan was transferred to Jaffna Teaching Hospital. Then Rajavarothayan was treated in Intensive Care Unit (ICU) in critical condition. Rajavarothayan is presently warded at ward No: 28 as in door patient. The victim states that the attack was made by the military intelligence units in order to suppress the protests and demonstrations of the students unions. The eye-witnesses allege that the attackers were from the military intelligence units of the country due to the behavior of the perpetrators and the instances of recording the scene of attack on video cameras by military intelligence officers while the students were protesting.

None of Sri Lanka’s law enforcement agencies have begun a transparent investigation into the incident. The fate of a civil rights activist is in danger and the victim’s relatives and the rest of Sri Lankan civil society are waiting for the perpetrators to be caught and justice to be appropriately delivered. This case is yet another illustration of the fact that the authorities turn a blind eye when people that they consider opponents or potential opponents to the regime in power are attacked in broad daylight.

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

Yours sincerely,

——————— 
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. Mr. 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-223-2011
Countries : Sri Lanka,
Issues : Freedom of assembly, Impunity, Right to fair trial, Right to redress, Rule of law, Torture,