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SRI LANKA: A brutal killing of a pastor by the security forces in Jaffna

January 24, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

24 January 2007
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UA-024-2007: SRI LANKA: A brutal killing of a pastor by the security forces in Jaffna

SRI LANKA: Extrajudicial killing; impunity; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the alleged brutal killing of a young Christian pastor by the security forces in Jaffna on 13 January 2007. The army initially claimed that they killed a terrorist in self-defence.  Now they have changed their version of the story claiming that the pastor was shot because he did not follow the soldiers' instruction to stop.  However it is known that he is a well-known pastor in the area. No serious action has yet been taken to investigate the incident and no arrests have been made.

CASE DETAILS:

Rev. Nallathamby Gnanaseelan, 38-year-old pastor of Tamil Mission Church in Jaffna, was brutally gunned down, allegedly by Sri Lankan security forces at the road block at Library junction, Wembedy School Road, Jaffna at around 10:30am on 13 January 2007. On that fateful Saturday morning, he had gone on his motorbike to Jaffna hospital with his wife Serena and his eldest daughter who was sick. He had left the mother and daughter at the hospital at about 10:00am asking them to return home by bus after the medical treatment was over. 

The killing took place at Chapel Street when Rev. Gnanaseelan was heading to his church to conduct a day long prayer-fast at the church. According to the eyewitnesses, Rev. Gnanaseelan was shot in the stomach and then as he lay on the street, shot in the head and killed by the soldiers on duty stationed at the Wembady-Library Junction. The soldiers were sauntering along Chapel Street at that time. His Bible, bag, ID card and motorcycle were taken away and he was left lying on the road. Eyewitnesses say that the pastor had not done anything provocative.

According to the online report of Sunday Leader newspaper, Rev. Gnanaseelan's body lay on the road for more than an hour till he was officially discovered by the police at around 11:30am. The acting Jaffna District Judge M. Thirunavukkarasu went to the scene for a preliminary inquiry and instructed police to trace the victim's identity. The "unidentified' body was the taken to the Jaffna hospital morgue.

On the following day, the family was looking for the missing pastor. Some parishioners were informed by the police that an unidentified body was lying at the morgue. The family members went to the morgue and found the pastor's body there.

The soldiers on duty at Wembady Road Junction reported that that Rev. Gnanaseelan was carrying explosives. On January 13, the Media Centre for National Security (MCNS) website www.nationalsecurity.lk posted a brief news item that one person, who was to be searched at the road block at Library junction, Wembedy School Road, Jaffna, attempted to hurl a hand grenade and the troops shot him dead in self-defence. It is also claimed that a grenade was found in the pastor's possession. The Defence Ministry had posted a similar story on its website www.defence.lk on January 13.

However, it is reported that the Sri Lankan military changed their claims after they discovered that the dead man was a well-known Christian pastor. Now it is claimed that the pastor was shot because he did not stop when the soldiers instructed him to do so. However, the AHRC has a view that this is a deliberate attempt by the security forces to frame Rev. Gnanaseelan and justify his killing.

The two news items mentioned above have reportedly been deleted from those websites.

It is also reported that military officials pressured the pastor's wife to sign some documents but she refused to do so.

In its statement, the National Christian Evangelical Alliance wrote "Rev. Gnanaseelan was a member of the National Christian Evangelical Alliance Clergy Fellowship in Jaffna and was not involved in any political activity. He was a law abiding citizen and the pastor to his congregation." The statement also said that "His death is not an isolated incident, but one of many, which takes place in the North East of Sri Lanka, daily."

The statement further said that "Jaffna recently has been the scene of extra judicial killings, abductions and disappearances" and appealed to the international community "to raise their voices and prevent the massacre of the innocents in this country and to establish a United Nations human rights monitoring mission in Sri Lanka is urgent need."

Rev. Gnanaseelan was survived by his wife and four children. The oldest daughter is seven years old and youngest is one year old.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this serious case.  Please urge them to order a thorough and impartial inquiry into the case and take legal action against the alleged perpetrators.

To support this appeal, please click:

SRI LANKA: A brutal killing of a pastor by the security forces in Jaffna

Name of the victim: Rev. Nallathamby Gnanaseelan, aged 38, the pastor of Tamil Mission Church in Jaffna and the member of the National Christian Evangelical Alliance Clergy Fellowship in Jaffna, married with four children
Alleged perpetrators: Unidentified soldiers on duty stationing at the Wembady-Library Junction, Wembedy School Road, Jaffna, Sri Lanka
Date of incident: at around 10:30 on 13 January 2007
Place of incident: at the road block at Library junction, Wembedy School Road, Jaffna

I am appalled to learn of the alleged murder of Rev. Nallathamby Gnanaseelan, 38-year-old pastor of Tamil Mission Church in Jaffna, by Sri Lankan security forces at the road block at Library junction, Wembedy School Road, Jaffna at around 10:30am on 13 January 2007.

On that fateful Saturday morning, he had gone on his motorbike to Jaffna hospital with his wife Serena and his eldest daughter who was sick. He had left the mother and daughter at the hospital at about 10:00am. 

I was informed that the killing took place at Chapel Street when Rev. Gnanaseelan was heading to his church to conduct a day long prayer-fast at the church. According to the eyewitnesses, Rev. Gnanaseelan was shot in the stomach and then as he lay on the street, shot in the head and killed by the soldiers on duty stationed at the Wembady-Library Junction. The soldiers were sauntering along Chapel Street at that time. Incredibly, his Bible, bag, ID card and motorcycle were taken away and he was left lying on the road. Eyewitnesses say that the pastor had not done anything provocative.

According to the media report, Rev. Gnanaseelan's body lay on the road for more than an hour till he was officially discovered by the police at around 11:30am. The acting Jaffna District Judge M. Thirunavukkarasu went to the scene for a preliminary inquiry and instructed police to trace the victim's identity. The "unidentified' body was the taken to the Jaffna hospital morgue. On the following day, the family members found the pastor's body there at the morgue.

Initially the report by the Media Centre for National Security (MCNS) indicated that the pastor was carrying explosives and had even tried to hurl a grenade at the soldiers. However, the military changed this story when they discovered how well known and popular pastor Gnanaseelan was in the area. I was informed that now the military is saying that the soldiers shot the pastor because he refused to stop when ordered. I have a view that this is a deliberate attempt by the security forces to frame Rev. Gnanaseelan and justify his killing.

I have also learned that military officials pressured the pastor's wife to sign some documents but she refused to do so. 

According to the National Christian Evangelical Alliance, Rev. Gnanaseelan was a member of the National Christian Evangelical Alliance Clergy Fellowship in Jaffna and was not involved in any political activity. He was a law abiding citizen and the pastor to his congregation. I am also concerned that the pastor's killing is not an isolated incident, but one of many, which takes place in the North East of Sri Lanka every day.

I strongly request you to conduct a prompt, thorough and impartial investigation into this brutal slaying.  The perpetrators must be brought to justice and if it is found that the higher ranking officers have tried to cover up the killing then they too must be brought to book.  Furthermore, compensation must be paid to the victim's family.

Rev. Gnanaseelan was survived by his wife and four children. The oldest daughter is seven years old and youngest is one year old.  They need to be assured of a decent life without the comfort of their father.

Yours truly,


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PLEASE SEND YOUR LETTER TO:

1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk

2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454

3. Mr. Mahinda Rajapaksa
Minister
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
Sri Lanka.
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk

4. Minister of Disaster Management and Human Rights
Ministry of Disaster Management and Human Rights
383,Bauddhaloka Mawatha
Colombo 07
SRI LANKA
Tel: +94 11 2 390895, 384116

5. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

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

7. Secretary
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

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-024-2007
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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.