afad’s open letter to sri lankan president mahinda rajapakse on the disappearance of human rights...
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8/3/2019 AFADs Open letter to Sri Lankan President Mahinda Rajapakse on the disappearance of human rights defenders W
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20 December 2011
OPEN LETTEROPEN LETTEROPEN LETTEROPEN LETTER
HIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSE
Office of the President,
Temple Trees, 150, Galle Road,
Colombo 3, Sri Lanka
His Excellency President Rajapakse,
The Asian Federation Against Involuntary Disappearances (AFAD) recently received reports
regarding the enforced disappearance of two human rights defenders, Mr. Lalith Kumar
Weeraraja and Mr. Kugan Muruganandan.
The above-mentioned persons were last seen leaving the residence of Mr. Muruganandan on
Avarangal, Jaffna on a motorbike (license no NP GT 7852) on the 9th of December 2011 at
5:00 p.m. At the time they disappeared, they were organizing a press conference for the 10TH
of December International Human Rights Day to project the protest action of the Movement
for Peoples Struggle in Colombo on 13th December 2011.
The families have not seen the two men since then. They were unofficially informed that
both human rights defenders were kept in an unidentified detention facility in Jaffna district.
By eleven in the evening of the 9 th of December, the father of Mr. Weeraraja reportedly
received phone calls threatening to kill Mr. Weeraraja and further stating either you
remove your son from Jaffna or we will do it for you. The incident was lodged as a
complaint under the Kosgama Police Station on the 11th of December 2011 (CIB 94/133).
Mr. Weeraraja serves as the Executive Committee member of the organization, We Are Sri
Lankans and the Jaffna Coordinator of the Jana Aragalaya (Peoples Struggle) movement
while Mr. Muruganandan actively assisted Mr. Weeraraja in the conduct of his human rights
work. Both defenders were campaigning against enforced disappearances, promotion of the
rights of the internally displaced persons in the north and the release of political prisoners
among others.
Asian Federation Against Involuntary DisappearancesRms. 310-311 Philippine Social Science Center BuildingCommonwealth Avenue, Diliman, 1103 Quezon City PhilippinesTelefax: 00-632-4546759 Telephone Number 00-632-4907862 Mobile 00-63-9177924058Email [email protected] www.afad-online.org
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Prior to their disappearance, Mr. Weeraraja previously suffered from threats by the army and
police regarding his work.
In April 2011, Mr. Weeraraja and a colleague were arrested by the Vavuniya police and
threatened to be shot while putting up posters about enforced disappearances in the North.
On the 23rd of June 2011, he and another colleague were again abducted by officers of the
Killinochchi army camp (Depo Junction) and were detained and interrogated in an
abandoned ice-cream factory.
On the 14th of November 2011, Mr. Weeraraja with other human rights defenders suffered
from severe beatings by unidentified men during a protest with the families of the
disappeared in Jaffna in front of the Jaffna town bus stand. The beatings happened in front ofthe military, who did not intervene and stop the attack.
AFAD strongly condemns the disappearance of the Mr. Weeraraja and Mr. Muruganandan.
The work of both human rights defenders is crucial in demanding justice for the victims of
enforced disappearances of the Tamils in the North. The disappearance of Mr. Weeraraja and
Mr. Muruganandan was clearly an act to suppress efforts to uncover the truth behind cases of
disappearances in the past.
The Federation demands for the Rajapaksa administration to:
1. Immediately intervene and investigate the disappearance of Mr. Lalith KumarWeeraraj and Mr. Kugan Muruganandan particularly the allegations that government
security forces are responsible for the act.
The conduct of the investigations must lead to the disclosure of the whereabouts of
the victims, the release of the victims from custody, the disclosure of the identity of
the perpetrators including the grounds in which both human rights defenders were
held. Specifically, the threatening phone calls received by Mr. Weerarajas father
must be thoroughly investigated to establish leads to the whereabouts of the victimsand the perpetrators;
2. The past harassments and threats to Mr. Weeraraja (April 2011 threats involving theposters of the disappeared, abduction and detention on the 23rd of June 2011 by
officers of the army camp in Killinochchi, and the beatings on the 14th of November
during the protest action by the families of the disappeared) must also be investigated
with the erring officials sanctioned and brought before the court of law;
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3. Ensure that an impartial investigation will be conducted, with the proceedings heldwith transparency. Information regarding the case must be made accessible to the
families, other parties concerned and the public;
4. Ensure the protection of the families of Mr. Weeraraj and Mr. Muruganandan as wellas other human rights defenders intervening with and on behalf of the victims in
pursuing for legal remedies.
The Federation urges the Government of Sri Lanka for the compliance to Article 3 of the
Universal Declaration of Human Rights stating the right to life, liberty and security of
person. The UN Declaration on the Protection of All Persons from Enforced Disappearance
has emphasized enforced disappearance as an offense to human dignity and violates the
right to recognition as a person before the law, the right to liberty and security of the personand the right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment,. The International Convention for the Protection of All Persons from
Enforced Disappearance (ICPAPED) under Article 1 subsequently reiterated the right not to
be subjected to enforced disappearance and that no circumstances can be invoked to justify
enforced disappearance.
Enforced disappearance brings immense suffering both to the victim and their families. We
trust that the Rajapaksa administration will recognize state obligations prescribed under the
international human rights instruments particularly in ending enforced disappearance and
the firm refusal to tolerate enforced disappearance.
We trust that the Government of Sri Lanka will heed the plight of the family as they demand
for the truth behind the disappearance of their loved ones, Mr. Weeraraja and Mr.
Muruganandan, and the prosecution of perpetrators responsible for the assault to the dignity
of both human rights defenders.
We shall await the immediate intervention regarding the said case.
Thank you.
For the protection of human rights,
MARY AILEEN D. BACALSOMARY AILEEN D. BACALSOMARY AILEEN D. BACALSOMARY AILEEN D. BACALSO
Secretary-General
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MUGIYANTOMUGIYANTOMUGIYANTOMUGIYANTOChairperson
Copy furnished to:Copy furnished to:Copy furnished to:Copy furnished to:
Mr. Mohan PeirisMr. Mohan PeirisMr. Mohan PeirisMr. Mohan Peiris
Attorney General, Attorney Generals Department,
Colombo 12, Sri Lanka
Ms. Chandra EllawalaMs. Chandra EllawalaMs. Chandra EllawalaMs. Chandra EllawalaSecretary, Human Rights Commission of Sri Lanka,
118, Barnes Place, Colombo 07, Sri Lanka
Inspector GeneralInspector GeneralInspector GeneralInspector General oooof Police (IGP)f Police (IGP)f Police (IGP)f Police (IGP)
New Secretariat, Colombo 1, Sri Lanka
National Police CommissionNational Police CommissionNational Police CommissionNational Police Commission
3rd Floor, Rotunda Towers, 109 Galle Road,
Colombo 03, Sri Lanka
Mr. Gotabhaya RajapaksaMr. Gotabhaya RajapaksaMr. Gotabhaya RajapaksaMr. Gotabhaya Rajapaksa
Defence Secretary, Ministry Of Defence and Urban Development
15/5, Baladaksha Mawatha, Colombo 03, Sri Lanka
Ms. Kshenuka SenewiratneMs. Kshenuka SenewiratneMs. Kshenuka SenewiratneMs. Kshenuka Senewiratne
Ambassador, Permanent Mission of Sri Lanka to the United Nations in Geneva
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations
56 rue De Moillebeau, 5th Floor, 1211 Geneva 19, Switzerland
Dr. Palitha T.B.KohonaDr. Palitha T.B.KohonaDr. Palitha T.B.KohonaDr. Palitha T.B.Kohona
Ambassador & Permanent Representative of Sri Lanka to the United Nations in New York
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations
#630, 3rd Avenue (20th Floor), New York, NY 10017
United States America
Mr. Jeremy J. SarkinMr. Jeremy J. SarkinMr. Jeremy J. SarkinMr. Jeremy J. Sarkin
Chairperson, UN Working Group on Enforced or Involuntary Disappearances (UN WGEID)
c/o OHCHR-UNOG CH-1211 Geneva 10, Switzerland
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Emmanuel DecauxEmmanuel DecauxEmmanuel DecauxEmmanuel Decaux
Chairperson, UN Committee on Enforced Disappearance (CED)Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson - 52, rue des Pquis, CH-1201 Geneva, Switzerland
Ms. Margaret SekaggyaMs. Margaret SekaggyaMs. Margaret SekaggyaMs. Margaret Sekaggya
Special Rapporteur on the Situation of Human Rights Defenders
c/o Office of the High Commissioner for Human Rights Palais Wilson
United Nations Office at Geneva
CH 1211 Geneva 10, Switzerland
Mr. Nawalage Bennet CoorayMr. Nawalage Bennet CoorayMr. Nawalage Bennet CoorayMr. Nawalage Bennet CoorayAmbassador of Sri Lanka to the Philippines
7th Floor G.C. Corporate Plaza Building, No. 150 Legaspi Street, Legaspi Village
Makati City, Philippines