Dear friends,
Rizana Nafeek of Muthur, Trincomalee in the Eastern Province of Sri Lanka left to Saudi Arabia as a domestic helper when she was 17 years old. She became a victim of a recruitment agent who altered her date of birth in her passport, making her as 23-years old and was sent to Saudi Arabia on 22 April 2005 as a house maid, to work in the family of Mr & Mrs Naif Jizin Khalaf Al-Otaibi of Dawdami, Saudi Arabia. On 25 May 2005, she was arrested on the charge of murdering the four-month old infant son of her employers and sentenced to death by beheading. This sentence was appealed but upheld by the Supreme Court of Saudi Arabia. Rizana now languishes in prison and may be executed at any moment. The Asian Human Rights Commission firmly believes that it is the responsibility of the government of Sri Lanka to do all in its power to save this innocent girl’s life.
CASE NARRATIVE:
Rizana Nafeek of Muthur, Trincomalee in the Eastern Province of Sri Lanka left to Saudi Arabia as a domestic helper when she was 17 years old. She became a victim of a recruitment agent who altered her date of birth in her passport, making her as 23-years old and was sent to Saudi Arabia on 22 April 2005 as a house maid, to work in the family of Mr & Mrs Naif Jizin Khalaf Al-Otaibi of Dawdami, Saudi Arabia.
On 25 May 2005, she was arrested on the charge of murdering the four-month old infant son of her employers.
Initially, on June 16, 2007, a three-member panel of judges from the Dawadami High Court headed by Chief Justice Abdullah Al-Rosaimi found Rizana Nafeek guilty of murder and sentenced her to death. The court informed Rizana that she could file an appeal against her death sentence, which she did. However, the Supreme Court of Saudi Arabia confirmed the death sentence on the 25 September 2010.
Ever since the initial verdict of the Dawdami High Court the Asian Human Rights Commission has maintained that she is innocent of the charges and that it was the duty of the Sri Lankan government to do all it can to save her life. As the government refused to assist her to file her appeal, the failure of which would have led to her death 30 days after the verdict, the AHRC took the initiative to collect the lawyer’s fee for filing her appeal (USD $40,000) and had it filed in time. Ever since, there has been worldwide attention to her case and literally all the leading media agencies in the world highlighted her plight, and millions of people from around the world campaigned on her behalf. Most recently, even the European Union expressed their concern for her and stated that her case is being monitored.
However, Mr. Dilan Perera, Minister of Foreign Employment Promotion & Welfare in Sri Lanka, stated publicly several times that such campaigning may be counterproductive in the context of Saudi Arabia and that the government of President Rajapaksha is engaged in diplomatic efforts in order to save Rizana Nafeek. Minister Perera made the same remarks even at the Sri Lankan parliament when questioned about the matter.
However, from the reports that have subsequently appeared, it has become very clear that the government of President Rajapaksha has failed to take any effective measures to ensure successful negotiations with the family of the deceased infant in order to secure a pardon for Rizana Nafeek. It now appears that all the Minister Perera has done is to attempt to stop a worldwide campaign to release Rizana Nafeek due to the political embarrassment it has created for the Rajapaksa government. He has done this by taking responsibility to obtain Rizana’s release and thereafter doing nothing about it.
What was most embarrassing for the Sri Lankan government was the rise of criticism of the government’s failure in this matter by many Muslim leaders in Sri Lanka and also the Muslim community as a whole. Besides this, the women’s movements in Sri Lanka and also organisations for the protection of migrant workers and many others, including other religious groups, have been actively engaged in demanding that the government secure her release.
While the government of President Rajapaksa has failed to initiate any diplomatic measures to secure her release, its efforts have been to silence critics and to dampen the campaigners for her release by making false promises of taking the responsibility for her release.
The Asian Human Rights Commission, which has throughout campaigned for her release, is shocked and saddened by the utter negligence and lack of concern shown by the government on this issue.
On an earlier occasion, the AHRC wrote an open letter to President Rajapaksa on this issue. We once again reiterate that the life of Razina Nafeek lies in the hands of President Mahinda Rajapaksa and that if her death sentence, which has been delayed due to worldwide interest shown on her behalf, is to take place, the entire responsibility for her life would lie with the hands of the President and his government.
We call upon everyone to write to President Rajapaksa and to hold vigils in Sri Lanka and outside, demanding the government to take immediate diplomatic measures to get her released.
SUGGESTED ACTION:
We call upon everyone to write to President Rajapaksa and to hold vigils in Sri Lanka and outside, demanding the government to take immediate diplomatic measures to get her released.
The AHRC has written separate letters to the UN Special Rapporteurs on Extrajudicial, Summery, or Arbitrary Executions, on Independence of Judges and Lawyers, on Human Rights of Migrants and Chairperson of the Committee on the Rights of the Child calling for urgent intervention in this case for the sake of saving the life of Rizana Nafeek.
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SAMPLE LETTER
Dear ________,
SAUDI ARABIA/SRI LANKA: Nothing is moving to save Rizana Nafeek who awaits beheading at Dawdami Prison, Saudi Arabia
Name of victim: Ms. Nafeek Rizana
Date of incident: On 25 May 2005
Place of incident: Dawdami Prison, Saudi Arabia
His Excellency the Hon. Mr. Mahinda Rajapaksa
President Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees, 150 Galle Road, Colombo 3
SRI LANKA
Tel: +94 112473873, +9411235435, +94112326309
Fax: + 94 112446657
E-mail: prsec@presidentsoffice.lk
Your Excellency,
Re: The serious threat to the life of Rizana Nafeek
As you are quite well aware Rizana Nafeek, who has been incarcerated in Dawadami Jail since 2007 may be beheaded at any time now. As you government has said repeatedly, the saving of her life depends on the diplomatic effort between your government and the parents of the deceased child.
I am aware that in the past you government has made some effort in that direction. However, they have failed due to the absence of a coordinated attempt to meet directly with the parents of the child. According to reports the last attempt by the government was so ill-coordinated that no meeting with the parents took place at all.
Your government does have the diplomatic capacity to engage an envoy capable of establishing proper contact with the family and ensuring that a fruitful negation takes place.
Your government has the support of the international community in this matter. The parliament of the European Union has expressed its concern quite openly and stated that it is coordinating its efforts with your government. Perhaps an initiative on your part to get the support of those diplomats of other countries in Saudi Arabia itself who are aware of this case and those who have publically expressed concern on this matter would greatly enhance your efforts to secure the release of Rizana Nafeek. You would note that His Royal Highness, Prince Charles himself has expressed his concern over the plight of this girl and promised to pursue the matter with the Saudi government.
I earnestly hope you will personally take up this matter of saving the life of this innocent girl who due to unfortunate circumstances has been falsely charged for a murder that she did not commit when she was only 17-years-of-age. Her parents, the Muslim community in Sri Lanka and the country's women's organisations has for several years now sought your assistance for saving the life of this Sri Lankan girl.
I earnestly hope that this matter will be brought speedily to a happy conclusion. Such a conclusion would certainly make the entire Sri Lankan nation happy as they have been watching this case very closely for a long period of time as has the rest of the world.
Yours sincerely,
......................
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
