''The Observatory condemns the arrest and judicial harassment of
Mr. Ruki Fernando, Rev. Praveen Omi and Ms. Balendran Jeyakumari, which seem to
merely aim at sanctioning their peaceful human rights activities, and calls
upon the authorities of Sri
Lanka to release them immediately and
unconditionally. ''
URGENT APPEAL - THE OBSERVATORY
LKA 001 / 0314 / OBS 019
Arbitrary arrest /
Judicial harassment
Sri Lanka
March 17, 2014
The Observatory for the Protection of Human Rights Defenders, a
joint programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your urgent
intervention in the following situation in Sri Lanka.
Brief description of the situation:
The Observatory has received with concern information from
reliable sources about the arbitrary arrest and interrogation by the Terrorist
Investigation Division (TID) of Mr. Ruki Fernando, a
human rights adviser to the human rights organisation INFORM, based in Colombo,
and Rev. Praveen Omi, former Director of the Centre for
Peace and Reconciliation (CPR) based in Jaffna.
According to the information received, on March 16, 2014, at
around 10.30 pm, Mr. Ruki Fernando and Rev. Praveen Omi were arrested by a
specially appointed unit of the TID as they were visiting the heavily
militarised area of Kilinochchi, North of Sri Lanka, in order to investigate
into the arrest on March 13, 2014 of human rights defender Ms. Balendran
Jeyakumari and her 13-year old daughter Vithuskaini, who
have been campaigning against enforced disappearances. They were also arrested
and interrogated by the TID. While Vithuskaini was subsequently released, Ms.
Jeyakumari continues to be held in Boosa detention centre under the Prevention
of Terrorism Act (PTA), under which a person can be held without charge for up
to 18 months.
Mr. Ruki Fernando and Rev. Praveen Omi were brought to the
Kilinochchi police station, which initially denied that the two defenders were
detained there, before confirming the arrest. The officer in charge (OIC) of
the Kilinochchi police, Mr. Kumara, in particular confirmed the arrest and
further stated that “Ruki Fernando and Rev. Praveen behaved in a suspicious
manner as they visited some families of those who have lost their family
members”. Mr. Ruki Fernando and Rev. Praveen Omi were reportedly questioned
separately for three hours by around 15 TID officers at the Kilinochchi police
station.
At around 1.30 am, Mr. Ruki Fernando and Rev. Praveen Omi left
Kilinochchi police station handcuffed and blindfolded, accompanied with TID
officers, before being questioned in Vavunia police station until 7.00 am on
March 17, 2014.
On March 17, 2014, at 11 am, TID officers visited Mr. Ruki
Fernando's parents to inform them about his arrest. Mr. Fernando’s parents were
issued with a Notice of Arrest stating that he was arrested by the TID on
alleged acts of terrorism on March 16, 2014, in Kilinochchi. The notice also
stated that Mr. Fernando will be detained for further investigation on the 2nd floor of the police New General Secretariat in Colombo. No information
could be obtained on whether a similar notice was issued to Fr. Praveen’s next
of kin. At 1.30pm, TID Director informed one of the lawyers that they were both
brought to Colombo
and were being held at the TID headquarters.
Later in the day, police media spokesman SSP Ajith Rohana
announced that Mr. Ruki Fernando and Rev, Praveen were first detained at the
Kilinochchi police station under the PTA, before being transferred to Vavuniya
and then to Colombo for further questioning. They would reportedly be charged
with “attempting to create ethnic discord among communities and to promote
separatism”.
Yet, as of issuing this Urgent Appeal, no charges have been
formally framed yet and there is still no clear information on their current
location. In addition, no lawyer has been allowed to visit them.
The Observatory condemns the arrest and judicial harassment of
Mr. Ruki Fernando, Rev. Praveen Omi and Ms. Balendran Jeyakumari, which seem to
merely aim at sanctioning their peaceful human rights activities, and calls
upon the authorities of Sri
Lanka to release them immediately and
unconditionally.
Action requested:
Please write to the authorities in Sri Lanka, urging them to:
i.Guarantee in all circumstances the physical and psychological integrity of Mr. Ruki Fernando, Rev. Praveen Omi and Ms. Balendran Jeyakumari as well as of all human rights defenders in Sri Lanka;
ii.Release Mr. Ruki Fernando, Rev. Praveen Omi and Ms. Balendran Jeyakumari immediately and unconditionally since their detention is arbitrary and only aims at sanctioning their human rights activities;
iii.Put an end to any kind of harassment - including at the judicial level - against Mr. Ruki Fernando, Rev. Praveen Omi and Ms. Balendran Jeyakumari and more generally against all human rights defenders in Sri Lanka and ensure that they are able to carry out their peaceful and legitimate activities without any hindrance and fear of reprisals;
iv.Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially regarding the following Articles:
-Article 1: everyone
has the right, individually and in association with others, to promote and to
strive for the protection and realisation of human rights and fundamental
freedoms at the national and international levels;
-Article 5 (a): For the
purpose of promoting and protecting human rights and fundamental freedoms,
everyone has the right, individually and in association with others, at the
national and international levels (a) To meet or assemble peacefully;
-Article 12.2: the
State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of his
or her legitimate exercise of his or her rights [...];
v.Ensure in all
circumstances the respect for human rights and fundamental freedoms in
accordance with international human rights standards and international
instruments ratified by Sri
Lanka.
Addresses:
•President Mahinda
Rajapakse, Presidential Secretariat, C/ Office of the President, Temple Trees
150, Galle Road, Colombo 3, Sri Lanka, Fax: (+94) 11 472100 / (+94) 11 2446657
(+94) 11 2446657 / (+94) 11 243 0590(+94) 11 243 0590,
Email: lalith@icta.lk
(+94) 11 2446657 / (+94) 11 243 0590(+94) 11 243 0590,
Email: lalith@icta.lk
•D.M. Jayaratne, Prime
Minister of Sri Lanka, No. 58, Sir Ernest De Silva Mawatha, Colombo 07, Sri
Lanka. Fax no: (+94) 112 575454. Email: slpm@pmoffice.gov.lk
•Mr. Sarath Palitha
Fernando, Attorney General, Attorney General's Department. Colombo
12, Sri Lanka.
Fax: (+94) 11 2 436421.
•Justice Priyantha R.P.
Perera, Chairman, Human Rights Commission of Sri Lanka. No: 165 Kynsey Road, Borella, Colombo 8, Sri
Lanka. Fax: (+94) 11 2 694924. Email: sechrc@sltnet.lk
H.E. Mr. Ravinatha P. Aryasinha, Ambassador,
Permanent Mission of Sri Lanka to the United Nations in Geneva, 56 rue de
Moillebeau, 1211 Geneva 19. Switzerland.
Fax: +41 22 73 49 084. E-mail: mission@lankamission.org
Please also write to the diplomatic missions or embassies of Sri Lanka in
your respective country.
***
Kindly inform us of any action undertaken quoting the code of
this appeal in your reply.
The Observatory, an OMCT and FIDH venture, is dedicated to the
protection of Human Rights Defenders and aims to offer them concrete support in
their time of need.
To contact the Observatory, call the emergency line:
•E-mail: Appeals@fidh-omct.org
•Tel and fax OMCT + 41
(0) 22 809 49 39 / + 41 22 809 49 29+ 41 22 809 49 29
+ 41 22 809 49 29
•Tel and fax FIDH + 33
(0) 1 43 55 25 18 / +33 1 43 55 18 80+33 1 43 55 18 80
+33 1 43 55 18 80