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UPDATE (Sri Lanka): A further list of victims of extrajudicial killings and disappearances reported for November in Sri Lanka

December 4, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

4 December 2007

[RE: UP-157-2007: SRI LANKA: List of 53 disappearances reported for the month of October; UP-151-2007: SRI LANKA: List of 53 extrajudicial killings reported for the month of October; UP-123-2007: SRI LANKA: Further list of victims of extrajudicial killings, disappearance; UP-117-2007: SRI LANKA: Killing and disappearance of 57 humanitarian workers reported; UP-061-2007: SRI LANKA: List of another 22 disappeared persons; UA-113-2007: SRI LANKA: List of 81 disappeared documented for the last 8 months]
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UP-162-2007: SRI LANKA: A further list of victims of extrajudicial killings and disappearances reported for November in Sri Lanka

SRI LANKA: Extrajudicial killings; disappearance; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that further list of extrajudicial killings and disappearances for the month of November 2007 have been reported in Sri Lanka. Due to the continuing failure to prosecute the alleged perpetrators and the absence of proper mechanisms for the affected family members to seek redress, these are still ongoing. Please send letters to the government authorities urging them to take genuine action to stop them and provide full assistance to the family members.

We have previously reported in recent months several lists of persons who have been victims of these continuing killings and disappearances; UP-157-2007, UP-151-2007, UA-318-2007, UP-123-2007, UP-117-2007, UP-061-2007 and UA-113-2007.

Please also see the statements concerning the continuing incidents of forced abductions and forced disappearances: AS-245-2007, AS-216-2007, AS-214-2007, AS-082-2007, AS-027-2007 and AS-025-2007.

Apart from the cases that the AHRC has earlier reported, it is also reported that several family members have surrendered to the Jaffna branch of Human Rights Commission for the fear of threats to their life.

The AHRC is of the view that the strategies adopted by all parties to the conflict reveal the stark reality of unabated disappearances and extra-judicial killings in the country, which has lead to the denial of the right to life, security and speedy justice. Given this rate of destruction of livelihoods, property, peace, development, denial of rights and displacement of civilians the AHRC urgently demands that the parties involved in the conflict positively consider the offer made by the United Nations Office of the High Commissioner for Human Rights to allow the establishment of a field office that can contribute to the creation of a democratic space for a constructive dialogue, thus paving the way for justice.

THE LIST OF VICTIMS OF EXTRAJUDICIAL KILLINGS:

Name (gender) and address of the victim/age/date of incident/district/brief detail of the case

1. Sanmuganathan Paheeranathan (M) - Jaffna / 28 / Naranthanai, Jaffna / 28 October 2007 / Jaffna / employee of Danish Demining group residing at Naranthanai was kidnapped on October 28 and shot dead. His body was found by noon the following day and sent to the Jaffna Teaching hospital on October 30.

2. Thangarajah Sujeevan (M) - Jaffna / 26 / Stanly Road, Jaffna / 16 November 2007 / Jaffna / A body was handed over to the Jaffna Teaching Hospital at about 10pm on the night of 16 November. There were bullet wounds on the body but it was unclear where he was shot.

3. Velupillai Sabathipillai (M) - Chavakachcheri / Thenmaradchy / 21 November 2007 / He, a father of 3 children from Varany in Thenmaradchy, was shot dead by unknown armed men who had come on a motorcycle. It has been reported that he had been taken for questioning the previous day by the security forces and was sent home. He was shot dead when he was passing Iyattalai after work. He was a Technical Officer in Chavakadchcheri.

4. Palaniyandy Selvarasa (M) - Jaffna / 32 / Urumpirai / 24 November 2007 / He, an employee of a trade centre, was bringing water to the establishment and was shot dead at 7am on the 24 November in Urumpirai.

5. Thurairajah Jeyarasa (M) - Jaffna / 42 / Ananthan Vadaly Road, Ariyalai / 24 November 2007 / Jaffna / labourer / He was shot dead by unknown persons when he was going to the cow-shed to spend the night after dinner.

6. Kantavanam Ketheesan (M) - / 26 / Jaffana / 24 November 2007 / Jaffana / Private Security person on duty at the University branch of the People's Bank was shot dead by unknown persons when he was on duty.

7. Jeyakumar Kesavan (M) - Jaffna / 25 / Adiyapatham Road, Nallur / 25 November 2007 / Jaffna / He was shot dead by unknown armed men while he was traveling on a motorcycle from Kopay towards Jaffna at around 3:30pm.

8. Sinniah Mahalingam (M) - Jaffna / 53 / Kondavil / on November 2007 / Jaffna / He was called out from his house by an unknown armed group which arrived by motorcycle at about 4:30pm, then they shot him dead and escaped.

9. Kanthiah Koneswaran (M) - Jaffna / 37 / Navaly North / Jaffna / November 2007 / father / was shot dead by unknown persons while he was at his trading centre alone at about 11:15am.

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THE LIST OF VICTIMS OF DISAPPEARANCES:

Name (gender) and address of the victim/age/date of incident/district/brief detail of the case

1. Thanapalasingam Jenaskumar (M) - Jaffna / Columbuthurai / 28 October 2007 / was kidnapped by an unknown person at 7.30 p.m. on the 28th October.

2. Sivaguru Panchalingam (M) - Jaffna / 66 / Kuppilan North Erlalai / 31 October 2007 / Jaffna / was kidnapped by men in a white van on the 31 October. He was living alone while his wife and children live abroad.  Two persons arrived on a motorcycle on the morning of the 31st and called him out of the house and were chatting to him when suddenly a white van appeared and dumped him in the van and sped away.  It is understood that he had recently returned to Sri Lanka from Switzerland.

3. Thiyagarasa Prasanna (M) - Jaffna /Jaffna / November 2007 / displaced from Chavakadchcheri and living in Jaffna has been reported missing after he left for Kodikamam.

4. Rasathurai Thileepkumar (M) - Perumal / 30 / Kokkuvil west / 3 November 2007 / Jaffna / He missing from the 3 October, as he did not return home after leaving to worship at Perumal Temple.

5. Mahalingam Mathiseelan (M) - Jaffna / Erlalai East / 4 November 2007 / Jaffna/ father of three children of Erlalai East has been reported missing from 4 October.

6. Shereen Sithranjan (F) - 36 / 4 November / Unknown location/ He was reported missing after he went out as usual for work on his motorcycle.

7. Nadarajah Nithiyarajah (M) - Jaffna / 36 / Thumpalai, Point Pedro / Jaffna / 17 November 2007 / an electrician and father of one child from Thumpalai, Point Pedro /  He was reported missing from the 17 November as he did not return after work that day.

8. Vadivelu Nimalarajah (M) – Jaffna / 31 / Kachcheri-Nallur Road, Nallur / Jaffna / 17 November 2007 / He has been reported missing from 17 November as he did not reach home after leaving his workplace in the evening.

SUGGESTED ACTION:
Please write letters to the concerned authorities below, asking them to thoroughly and impartially investigate each of these cases. The victims' families and relatives must also be actively involved and properly informed in this process. The authorities must also ensure that appropriate assistance and remedies are afforded to them accordingly. The AHRC is writing a separate letter to UN Working Group on Disappearances and Special Rapporteur on extrajudicial killings calling for their intervention in this case.

To support this appeal, please click here:

Sample letters:

Dear _______,

SRI LANKA: Please start investigation on the cases of extrajudicial killings and disappearances

I am writing to express my deep concern over continuous reports of extrajudicial killings and disappearances in Sri Lanka.

I am informed that there are several institutions such as the Presidential Commission of Inquiry,
National Police Commission and National Human Rights Commission, and several mechanisms available including the Criminal Procedure Code, to receive complaints and to conduct investigations into reported cases. However, extrajudicial killings and disappearances have not been stopped due to the fact that these institutions are not functioning properly.

I have been also informed from the Asian Human Rights Commission regarding several cases of extrajudicial killings and disappearances, that the government simply denies with claiming the other party from the armed conflict. However, what is most disturbing is that the government has neither started investigating into the cases reported nor conducted genuine steps to resolve the cases.

In light of above, I urge you to exhaust all means in order to stop extrajudicial killings and disappearances. Thorough and impartial inquiries must be followed without delay. The families of the victims should be actively involved in the progress of the investigation. I also demand that the government must provide full protection for the families and for those who have suffered from threat to their life.

I take this opportunity to draw your attention to the fact that the strategies adopted by all parties to the conflict reveal the stark reality of unabated disappearances and extra-judicial killings in the country, which has lead to the denial of the right to life, security and speedy justice. Given this rate of destruction of livelihoods, property, peace, development, denial of rights and displacement of civilians. I urgently demand that the parties involved in the conflict positively consider the offer made by the United Nations Office of the High Commissioner for Human Rights to allow the establishment of a field office that can contribute to the creation of a space for constructive dialogue, thus paving the way for justice.

I look forward to your prompt intervention in these cases.

Yours sincerely,

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PLEASE SEND YOUR LETTERS 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
E-mail: secretary@presidentsoffice.lk

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

3. Hon. Amarasiri Dodangoda, MP
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Tel: +94 11 2384837 / 2324681 / 2392932
Fax: +94 11 2325354 / 2445446

4. Hon. Rohitha Bogollagama, MP
Minister of Foreign Affairs
Mnistry of Foreign Affairs
Republic Building, Colombo 01,
Sri Lanka
Tel: +94 11 2325371 / 5
Fax: +94 11 2446091
E-mail: publicity@formin.gov.lk

5. 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 / 435879 (for the secretary)
Fax: +94 11 2 446300 / 421529
E-mail: secdef@sltnet.lk

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. 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

8. Mr. C.R. De Silva
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net

9. 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

10. Hon. Minister Mahinda Samarasinghe
Ministry of Disaster Management and Human Rights
2, Wijerama Mawatha
Colombo 7
SRI LANKA
Tel: +94 11 269 3282
Fax: +94 11 269 3284 (ATTN: P. Dias Amarasinghe, Secretary)
E-mail: info@dmhr.gov.lk

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-162-2007
Countries :
Issues :
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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.