The Free Media
Movement deplores the Magistrate order issued on Human Rights Defenders ( HRDs)
Ruki Fernando and Fr, Praveen Mahesan restricting their right to speak. The
freedom of expression is a fundamental right recognized by the constitution of
Sri
Lanka and enshrined in the Universal
Declaration of Human Rights. It can only be restricted under specific
situations.
Ruki Fernando
and Fr, Praveen Mahesan, were arrested at 10.30 pm (Sri Lanka time) on
16th March 2014 in Kilinochchi, they were subjected to lengthy
interrogations by the Terrorist Investigative Division (TID) of the Sri Lanka
Police and released without any charges on 18th March at 1.30 pm
(Sri Lanka time). Sri
Lanka law permits suspects to be kept in police
custody for 48 hours without producing them before a Court of Law. In this case
both HRDs were kept in TID custody for 52 hours.
The order issued by the
Colombo Magistrate on Riki Fernando and Fr. Praveen Mahesan read as follows:
''Sharing information regarding the investigation being conducted by the TID
related to you with whatever persons either national or international may harm
the ongoing investigation; herewith you are ordered not to engage in such
activities.'' (This is
not a legal translation. Original text is in Sinhala
language)
As pointed out by the
senior human rights lawyer J.C. Weliamuna, an order restricting the fundamental
right of freedom of expression and right to information can be enforced only
under the Emergency Regulations in Sri Lanka. There are no Emergency
Regulations declared in Sri
Lanka today.
On the other
hand the government officials are freely making false and unsubstantiated
statements regarding the arrest and release of HRDs Ruki Fernando and Fr.
Praveen Mahesan. On 19th March Foreign Ministry of Sri Lanka issuing
a statement said: “Mr. Ruki Fernando and Father
Praveen Mahesan who had been taken into Police custody on 16th March 2014, due
to their presence in the crime scene where investigations have been ongoing,
into attempts to revive the LTTE in Sri Lanka by certain operatives, were
produced before the Colombo Magistrate Court on 18th March and released on
bail.” The
statement is factually wrong. Ruki Fernando and Fr. Praveen were released
without charges and not given bail.
This judicial order in fact
has prevented them form speaking about not only their arrest but also all most
all human rights violations taking place in the North of Sri Lanka. As reported
by media and human rights organisations both HRDs were on a fact finding mission
in Darmapuram, Kilinochchi district on the arrest of female HRD Jayakumari
Balendran and her 13 year old daughter Vibushika Balendran.
The definition of phrase of
'the investigation being conducted by the TID related to you' in the
judicial order could include any human rights situation. In practice, given the
suppressive political situation prevails in Sri
Lanka today, this order has completely silenced
both HRDs.
This order was taken after
Ruki Fernando was interviewed by the CNN and the BBC Sinhala service. In both
interviews Ruki Fernando rejected the charges levelled by authorities linking
them to revival of terrorism. It is clear the authorities want to censor both
HRDs in order to suppress the other side of the story.
The FMM calls on the
authorities to lift the ban imposed on HRDs Ruki Fernando and Fr. Praveen
Mahesan. At the same time the FMM warns that imposing such restrictions could be
a bad precedence, which will become another weapon in the arsenal for further
suppressing already chained freedom of expression rights in Sri
Lanka.
