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SRI LANKA: Alleged abduction of three brothers by the Navy officials

September 13, 2006

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

14 September 2006
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UA-305-2006: SRI LANKA: Alleged abduction of three brothers by the Navy officials

SRI LANKA: Disappearance; impunity to authorities; military abuse; defunct rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the alleged disappearance of three young men from their home in ongoing conflict area Jaffna, Sri Lanka by Navy officers. The victims' family and their supportive friends have been receiving constant threats by the Navy officials under the emergency regulation since the abduction. Since the authorities have been allegedly involved in this abduction and intimidation to the family, complaints lodged by the family have not been successfully accepted by the authorities and no investigations have been instigated so far.

According to the information we have received, three brothers in the family were abducted by three men who entered their house in Ward No.10, Punkuduthevu Jaffna, Sri Lanka when the family was sleeping at around 10pm on August 19, 2006. The three brothers belonging to the Tamil ethnic minority, Natpirathapan Edward Vincent (age 27), Maxi Edward Vincent (age 24) and Jeya Pirthap Edward Vincent (age 17) were sleeping in their home when the three persons broke open the front door of the family's house. One of the three alleged perpetrators asked the family about Natpirathapan and Maxi in Tamil. When they found Maxi getting up from the floor, they held his neck and pushed back him back down.

After they found all of three young brothers in the house, they threatened the family saying they would shoot them if they do not go into the room and keep quiet. The family members then followed their instruction and went into the room and locked the door due to fear. While the family members were in the other room, the perpetrators tied Jeya Pirthap's hands behind him with tire tube and stripped Maxi's clothes off. They also forcibly took the identity cards of Natpirathapan and Jeya Pirthap. The three young brothers were then taken out the house and have not been seen since. While the perpetrators and the three brothers were in the house, noises were heard by several witnesses and it seemed as if there were more than 6 people moving in and out of the house.

According to the witnesses, one of the alleged perpetrators was wearing a black T-shirt and white stripped trousers and the other two were in navy clothing. One of the witnesses said that they appeared to be navy personnel. Witnesses also said that there had been seen many Navy personnel around the victims' house at around 9 pm on August 19. There have also been observed around 30 uniformed people strolling around and many signs of boots prints around the premises of supporters of victims in Jaffna.

Natpirathapan and Maxi are masons working in Jaffna town and Jeya Pirthap is a student. They are Tamil ethnic minority and their family has been displaced from time to time due to the ethnic problem. When the family was based in Navatkul in 1992, Maxi had joined the Liberation Tigers of Tamil Eelam (LTTE) at the age of 9. When the family displaced to Mulankavil, Nirthpirrathap joined the police of the LTTE Faction in 1997. After the ceasefire accord (CFA) was made between the government and the LTTE in 2002, the family returned to Ponukuduthivu. Since then, they did not have any problems with the Navy and the police as well as the opponent political party the Eelam People's Democratic Party (EPDP). None of the three brothers were arrested by police or other security forces even when the several cordon search operations were conducted.

It is also alleged that at around 12 pm on August 19, the day three brothers were abducted, Antony Fernando, alias Piratheep who is an EPDP member visited the house of the family on his way to go to his cousin's house with two other men, one called Kanthan, an officer in charge of the EPDP camp at Kayts and the other is called Rajani Vincent Noil from Pungoduthivu. Rajani Vincent Noil had been seen sneaking about the house of Edward Vincent's family. One of his accomplices had been seen by his strange behaviour by not getting off from the vehicle and he was even trying to hide himself behind the seats.

Beside this, 15 days before the abduction of three brothers were taken, Sri Lankan Navy (SLN) personnel had allegedly rounded up villagers from the costal side of Punguduthivu village. According to the villagers, they had inquired about Maxi and his connection to LTTE. It has been also reported that the family next door to the Vincent's family, who allegedly has been paid by EPDP, had asked one of the villagers whether Maxi had supplied food to the LTTE or not. The father of the three brothers said that he is a strong supporter of Navy.

After three young brothers were abducted, the family had lodged a complaint with the police and the Jaffna branch office of the Human Rights Commission of Sri Lanka. And the next day after the abduction they went to the public relations office of Navy at Punguduthvu on August 20 with nearly 20 people and also to the magistrate on 21 August. The family had also informed the EPDP camps at Vangalavadi, Velanai, where the family was told that they did knew nothing of the arrest.

The victims' family say that there was a Navy camp in Punguduthevu, and when it was closed down many people ran into the camp and looted the military property of the Navy personnel. However, they claimed that the Navy camp was located far away from the house of the three young brothers and the victims were not involved in the looting at the Navy camp and there are no reasons that the three brothers would be accused by the Navy in relation to the looting in any case.

In fact, this is yet another case of forced disappearance that frequently happens in Jaffna area recently. To see further details of those disappearances and crisis in Jaffna, please go to:

1. AHRC statement: SRI LANKA: White vans without number plates; the symbol of disappearances reappear: http://www.ahrchk.net/statements/mainfile.php/2006statements/729/  
2. AHRC forwarded statement: SRI LANKA: The Wider Implications of the Human Rights and Humanitarian Crisis in Jaffna: http://www.ahrchk.net/statements/mainfile.php/2006statements/730/

We also suggest you to look into the reports documented by the Commissions on Disappearances in the South that illustrates how armed men, travelling in white vans without number plates abducted thousands of people who were never seen again during the last few years of the 1980s. The reports are available at: www.disappearances.org.   


CONSTANT INTIMIDATION TO THE FAMILY OF THE VICTIMS:

The family members of the victims and their friend have been continuously intimidated by Navy since the day of three brothers' abduction. A friend of the family has been helping them to lodge the case with the Human Rights Commission of Sri Lanka, had been questioned at the Navy check point near the bakery where he was going to by Navy personnel on 22 August 2006. To answer the questions the man told the Navy about the abduction of his family friends and that the case was already lodged at the police and Navy, and he was going to the EPDP at Winsor Theatre to see its head to talk about the case with victims’ family. However, the Navy officer immediately communicated with the other Navy personnel who were stationed about 300 metres away from the check point and reported that the man had complained about police and Navy. 

After all that happened, the family members got into the bus to Jaffna to see the head of EPDP. After the bus run about 300 metres, it was stopped by Navy officers and they called a man, a friend of Vincent family and threatened him by pointing their guns complaining about his bad behaviour of speaking ill of police and Navy. After that the family had not been allowed to go to Jaffna town to meet the head of EPDP and returned to their house.

Later on the same day, the public relations officer of the Navy camp called the friend of the family to report to the Navy camp. The friend was scared so he asked the wives of Maxi, Natpirathapan and the father of the Vincent family to go to the Navy camp with him. At the Navy camp, the friend was told by a Navy officer that his four brothers were killed by the LTTE and that is the reason that the Navy threatened the friend of the family. The Navy registered his National Identity Card and now the man is under the threat of his life, and he stays in the secure place other than his own house.

On 25 August, the father of the family went to see the head of EPDP at Velanai whose name is Paul, and he promised to help find all three missing brothers. However there had no response from other authorities. And no progress of investigation into this case had been seen either.

In Jaffna, the Emergency Regulations have been enforced and the government had placed a curfew in the town as well. The victim’s family and their supportive friend are living in desperate fear.


SUGGESTED ACTIONS:
Please write letters to the concerned authorities to urge immediate and impartial investigation into disappearance of the three young brothers, and security for the victim’s family to be provided immediately as well as the necessary support including financial and legal assistance. Also, please urge the concerned authorities of Sri Lanka to establish a fair investigation mechanism especially for the cases in which state and military officials are involved.

Suggested letter:

Dear __________,

SRI LANKA: Navy officials allegedly abducted three men and continuously threat victim's family under emergency regulation

Name of the victims:
1. Natpirathapan Edward Vincent, aged 27, Sri Lankan Tamil, mason by occupation
2. Maxi Edward Vincent, aged 24, Sri Lankan Tamil, Mason by occupation
3. Jeya Pirthap Edward Vincent, aged 17, Sri Lankan Tamil, student
(The three are brothers and live in Ward No.10, Punkuduthevu Jaffna, Sri Lanka)
Date and place of alleged involuntary disappearance: At around 10pm on 19 August 2006

I am writing to show my grave concern over the forced disappearance of three young brothers Natpirathapan Edward Vincent (age 27), Maxi Edward Vincent (age 24) and Jeya Pirthap Edward Vincent (age 17) allegedly abducted in Jaffna town on 19 August 2006 by three men of whom two were in Navy uniform and the other one wearing a black T-shirt and white stripped trousers. Natpirathapan and Maxi are masons working in Jaffna and Jeya Pirthap is a student. None of them have any reason to be targeted by Navy personnel and police.

I have been informed that at around 10 pm on 19 August, three persons came to the house of three young brothers where they live together with their family, and asked about Natpirathapan and Maxi in Tamil language. Soon after Maxi woke up and they started to hold his neck and pushed him down on the floor. They threatened the rest of the family members with guns saying they would shoot them if they do not go to the other room and lock the door.

After the family went to the other room, the three perpetrators stripped Maxi’s clothes off and tied Jeya Pirthap’s hand behind his back with old tire tubes. The perpetrators also forcibly took the identity card of Natpirathapan and Jeya Pirthap. The noise caused were heard by some witnesses when the perpetrators and the three brothers were inside of the house and it seemed there were more people moving about. Then the three brothers were taken out from the house and they have not been seen since. According to the witnesses, there had been seen many Navy personnel around the victims' house at around 9 pm on August 19. I learned that the villagers had never seen Navy personnel patrolling in such time since Navy officers usually stay back in the camp after 5 pm. Moreover, more than 30 uniformed officers have been seen by the villagers in the premise of supporters of victims in Jaffna

As far as I have confirmed, 15 days before the abduction of three brothers were taken, Sri Lankan Navy (SLN) personnel had allegedly rounded up villagers from the costal side of Punguduthivu village. According to the villagers, they had inquired about Maxi and his connection to LTTE. It has been also reported that the family next door to the Vincent's family, who allegedly has been paid by EPDP, had asked one of the villagers whether Maxi had supplied food to the LTTE or not. The father of the three brothers said that he is a strong supporter of Navy.

It is also alleged that at around 12 pm on August 19, the day three brothers were abducted, Antony Fernando, alias Piratheep who is an EPDP member visited the house of the family on his way to go to his cousin's house with two other men, one called Kanthan, an officer in charge of the EPDP camp at Kayts and the other is called Rajani Vincent Noil from Pungoduthivu. Rajani Vincent Noil had been seen sneaking about the house of Edward Vincent's family.

The family had lodged a complaint with the police on 20 August 2006, the Human Rights Commission of Sri Lanka, and the public relations office of Navy at Punguduthyu. On August 21, they have also lodged a complaint to the local magistrate as well. The family had also informed the EPDP camps at Vangalavadi and Veranai where the family was told that they did not arrest three of them.

It came to my notice that the life of both family of the abducted brothers and their friend who wishes to be anonymous have been under threat. On 22 August, the family members and the friend were stopped when they went to meet the head of the EPDP at Winsor Theatre by Navy personnel and they were threatened by them in full view of the public in day time. Later on the same day, the friend was called from the public relation officer of the Navy camp but he was scared so he went there with family members of abducted brothers. There, the friend was allegedly told the story of one of the officer whose four of his brother were killed by the LTTE and that is the reason why they intimidated the family’s friend.

So far, none of investigative actions have been taken by police, military officials and Attorney General’s office. On 25 August, the father of the family went to see the head of EPDP at Veranai whose name is Paul, and he promised that he is going to help finding all three missing brothers. However, it seems nothing had happened to the case.

I hereby condemn this serious corruption in the Navy and the whole investigative systems in Sri Lanka. This disappearance case which has allegedly pointed out the involvement of Navy officials could not be ignored. The delay of the official investigation harms the entire mechanism of legal functions which could lead to further confusion in society.

Moreover, Sri Lanka has  one of the largest numbers of disappearances in the region I strongly urge the government of Sri Lanka to take more stronger actions to combat the collusion between military and political authorities and eradicate the abuse of innocent and poor civilians in your country by state authorities.

I look forward your immediate action for this matter.


Yours sincerely,


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PLEASE SEND YOUR LETTER TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

2. 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

3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

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. 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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-305-2006
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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.