SRI LANKA: A man forcibly abducted and disappeared in Munnakkara

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-218-2007
ISSUES: Enforced disappearances and abductions,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the forced abduction and disappearance of Mihindukulasuriya Laxman Suresh Fernando by armed men in Munnakkara, on 2 March 2007. His whereabouts remain unknown and the police have been failed to investigate. The AHRC is severely concerned about the ongoing disappearances in Sri Lanka.

CASE DETAILS: (based on the testimony by the wife of the disappeared)

At around 6:30pm on 2 March 2007, a caravan-type vehicle with darkened windows passed at the residence of Mihindukulasuriya Laxman Suresh Fernando, 30 year old with two children, at No. 257/28A Siriwardena Place, Munnakkara. It stopped in front of the house and then two men approached from the vehicle.

According to the Anthony Arulseeli Croose, Laxman’s wife, one man was fat and was wearing a necklace with beads, a brown shirt and dark trousers and the other was thin, with hair combed back, and was wearing a white T-shirt and dark trousers and his age looked around 24.

One man asked the victim’s father, Simon Peter, sitting in the portico, the number of the house. He replied “257/28”, however that is actually the house number of the neighbouring house. All of a sudden, the two men rushed towards Mr. Laxman and grabbed him. They pointed a pistol to his stomach and told him to go with them. They dragged him into the vehicle. Laxman was only wearing a blue color check sarong and told them he was not wearing any underwear. The fat man shouted “no need and get into the vehicle”. Ms. Croose brought a blue color T shirt to the vehicle however the fat man took it and shouted to his accomplice to put shackles on Laxman in the van.

Ms. Croose asked the thin man where they were taking Laxman and then the fat man told her three times to go to Kalpitiya police station the next morning at around 10:00am. Then, the van drove away with the victim.

Immediately, Ms. Croose and brother-in-law, Tiron Kumar, went to Negombo police station and inquired about the incident. The police contacted several police stations, including Kalpitiya police station; however, no information could be found. The police of Negombo police station then informed Ms. Croose that if any outside police stations made an arrest, they would definitely inform Negombo police station which has jurisdiction over the area.

Follow that, two officers came to the crime scene and investigated the surroundings, but they could not find any clues. After coming back to the police station, Ms. Croose filed a complaint and a Sergeant, No. 22181, took it. (Entry No. 146-22MOIB) On following day on 3 March 2007, the same police officers came and said that they had not received any information.

At around 1:30pm on 15 March 2007, two persons in civilian dress came to the victim’s residence. They stated that they were from the Negombo Criminal Investigation Department. They asked Ms. Croose if there were any funds in the victim’s bank account. She replied that there was around a hundred rupees, and whether they would like to see his bank book. They declined, and asked if the couple had saved any money, and what the victim has done with the money he has earned. She replied that her husband only earned enough for day to day expenses. They also asked where the boats and other things were kept, she replied to their questions and offered to show them, they declined again and then they left.

So far, no information at all has been recovered from the investigation. Mr. Laxman has now been missing for 3 months. Currently Ms. Croose and her children are in a very poor condition because Mr. Laxman was the only breadwinner in the family.

These kinds of abductions by armed men in vans have become more frequent in Sri Lanka recently. The AHRC has previously reported another disappearance case where was the possible involvement by the police authorities in the abductions. (For details, see: UA-163-2007)

Please also see our previous appeals and statements regarding disappearances in Sri Lanka;
UA-093-2007: Disappearance of fifteen innocent civilian in Trincomalee and Colombo
AS-025-2007: A disappearance every five hours is a result of deliberate removal of all legal safeguards against illegal detention, murder and illegal disposal of bodies.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting their immediate intervention to locate the whereabouts of the victim. The families must also be actively engaged in this process. Please also urge the government to take proactive measures to prevent disappearance from reoccurring.

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

SAMPLE LETTER

Dear __________,

SRI LANKA: A man forcibly abducted and disappeared in Munnakkara

Name of victim: Mihindukulasuriya Laxman Suresh Fernando, 30 year old with two children, sea diver of aquatic fish, residing at No. 257/28A Siriwardena Place, Munnakkara
Alleged perpetrators: Unidentified two men with arms
Date of incident: 2 March 2007
Place of incident: No. 257/28A Siriwardena Place, Munnakkara, Sri Lanka

I am deeply concerned by the forcible abduction and disappearance of Mihindukulasuriya Laxman Suresh Fernando from his residence in Munnakkara, Sri Lanka on 2 March 2007.

According to the information I have received, at around 6:30pm two men arrived at his house in a caravan-type vehicle and rushed towards Mr. Laxman and grabbed him after confirming the address of the house. They pointed a pistol to his stomach and told him to go with them. I have learned that one man was fat, hair grown and was wearing a necklace with beads, a brown shirt and dark trousers and the other was thin, with hair combed back, and was wearing a white T-shirt and dark trousers and his age looked around 24. When Ms. Anthony Arulseeli Croose, victim’s wife asked the thin man where they were taking Laxman and then the fat man told her three times to go to Kalpitiya police station next morning at around 10am. The wife went to the Negombo police station to inquire about his husband however, the police failed to find any clue and his whereabouts. She filed a complaint Entry No. 146-22MOIB.

At around 1:30pm on 15 March 2007, two persons in civilian dress came to the victim’s residence and sated that they were from the Negombo Criminal Investigation Department. They asked Ms. Croose if there were any funds in the victim’s bank account, money and boats etc and they left. So far, no information at all has been recovered from the investigation and the police have lagged to further investigate in this matter.

It is alarming that such a serious crime has been received with such a stalled investigation from the Police. The victim’s case requires urgent attention, and every resource should be directed at trying to find the perpetrators of this abduction and recovering the victim to his family. Also, the family should be kept involved and informed at each step of the investigation.

I would like to remind you that hundreds of thousands got disappeared in your country from 1989 to 1991 period, the families of the victims have been still suffering from their beloved disappeared whereas the perpetrators have still enjoyed impunity. Even though the Government of Sri Lanka established several commissions to inquire into the cases of disappearance some years later, documentations and very paltry compensations to the victims were only the result.

Similar kinds of disappearances after abduction have been increasing in recent times the same as your previous horrible history. The Former Minister of Foreign Affairs, Mr. Mangala Samaraweera had also said, “No matter who does it (kidnappings, abductions and killings) as a government we are responsible for it” in local newspaper, Sunday Leader, January 28 2007. However, no proper mechanisms to investigate and monitor the increasing number of disappearance have been established. In terms of the police investigation, there have not been substantial progresses on the disappearances. These kinds of abductions and dysfunctions of the system are completely unacceptable.

I therefore urge you to exhaust all means possible to locate the whereabouts of the victim. The police have to actively conduct their duty to find the disappeared. The progress of their investigation should be also informed to the victim’s family. I further urge that the Government of Sri Lanka has to use its every system to stop increasing the disappearances and thoroughly investigate so that similar cases of abduction and disappearance would not happen again.

I look forward to hearing from you in this matter.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Neville Piyadigama
Chairperson
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

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

3. Secretary
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. 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

5. Mr. C.R. De Silva
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-218-2007
Countries : Sri Lanka,
Issues : Enforced disappearances and abductions,