Monthly Archives: June 2012

Sri Lanka: Offices of two websites raided by state intelligence apparatus; 7 Journalists and two staff arrested; 6 computers confiscated

NfR Alert: 29 June 2012

This morning around 11.45 am around 25 offices from police intelligence arms, namely Criminal Investigation Department (CID) and Colombo Crime Division (CCD) raided two popular tri lingual news and opinion web site operated form Colombo. They are http://english.srilankamirror.com/  and http://www.srilankaxnews.com/ . Both Sri Lanka Mirror and SriLankaXnews are read by tens of thousands of readers daily.

 Sri Lanka Mirror is registered with the information ministry and SriLankaXnews is the official web site of the opposition United National Party.  Both of offices  we located at 71, Ferry road, Athul Kotte, Kotte, a suburb of Colombo.

 Police has obtained a court order to search the premises of both web sites.   But the acting police spokesperson Sanjeewa Madawatta has told Yukthiya web site that he dose not have any knowledge of the raid and reasons for it.

 Police has surrounded the residence of Mr. Ruwan Ferdinanz, current editorial director of the Sri Lanka X news and former editorial director of the Sri Lanka Mirror and has demanded that he surrender his laptop computer to them. By the time he has left the residence.

 The journalists arrested are being questioned at the notorious 4th floor of the Criminal Investigation Department. They are:

Mr.Kalum Shwantha Rodrigu – Editor SriLanka Mirror
Ms.Shiwanthi Manawadu 0 Weekend editor, SriLanka Mirror
Ms.Himashi Karunarathan, Features editor, SriLanka Mirror
Ms.Tarindu Rajapaksha, Feature writer, SriLanka Mirror
Mr.Ajith senavirathna, Photo journalist, SriLanka Mirror
Mr.Zidick Kariyappa, editor, Tamil section, Sri Lanka X news
Mr.J. Subash Jayawardana, Journalist , Feature writer, Sri Lanka X news
———-

Mr.Asanaka Nimathna, Managing editor Sri Lanka Mirror  
Ms. R.W. Premawathi, Offcie assistance, Sri Lanka Mirror   
 

Mr. Sunil Jayasekara, secretary of the Free Media Movement of Sri Lanka told NfR Sri Lanka that this raid is another attempt to intimidate non state media in Sri Lanka and joint efforts need to face mounting intimidations and censorship.  He calls on all democratic forces in the country to rise against  this dangerous trend of media suppression.

Mr. Ruwan Ferdinanz told NfR Sri Lanka that at a time that three Provincial Councils dissolved and elections are to be held in two months time closure of opposition and independent media outlets and threats an intimidation directed against journalists and media should be considered as a great threat to rule of law and democracy in Sri Lanka.

 

Sri Lanka: Web censorship reaches new level: Five Tamil language web sites blocked

Press release 27.06 2012

Sri Lanka:  Web censorship reaches new level:  Five Tamil language web sites blocked

 NfR Sri Lanka, a network of Sri Lankan journalists and human rights defenders condemns the blocking of five tamil language news websites which report on Sri Lanka. In a situation where print and electronic media is under severe self censorship,  internet based media plays a critical role in providing information on Sri Lanka.

NfR sources in Sri Lanka have confirmed that five websites, namely http://www.tamilwin.com, http://www.athirvu.com, http://www.saritham.com
http://www.ponguthamil.com, http://www.pathivu.com    are  not accessible through any of the  Sri Lankan  internet service  providers.   People in Sri Lanka can  now visit those sites only trough proxy servers.

 NfR believes that open discussion and freedom of information on issues that affect citizens is pivotal in the  democratisation of  post war Sri Lanka.  NfR views this unhealthy development as a continuation of media censorship imposed by the Government of Sri Lanka (GoSL).   Although the GoSL has been accusing internet based media for unethical reporting the very same GoSL  controlled media is well known for publishing politically motivated cooked up stories and many media monitoring reports has shown that state controlled media is the  heavily  biased in covering politically important issues.

 In  that  context  NfR  views  this  ban  as  yet  another  politically  motivated  anti-democratic step towards creating a mind controlled society in Sri Lanka.  

 TamilNet, a popular news and opinion site on Tamil issues was the first site blocked by the GoSL.  On June 19, 2007, on the orders of the GoSL all Internet Service Providers  in Sri Lanka blocked the access to the TamilNet website. Since then GoSL has blocked dozens of news and opinion web sites reporting on Sri Lanka. Today major Sinhala language news and opinion websites operating from outside Sri Lanka, such as   http://lankaenews.com, http://www.lankanewsweb.com, http://www.srilankaguardian.org/   remain blocked.

 In November 2011 the GoSL proclaimed that any website dealing with Sri Lankan affairs must register with the government or face legal action. At the same time number of websites was blocked by the GoSL. In May 2012 Supreme Court rejected the fundamental rights case filed against blocking of websites by   press freedom watch dog, the Free Media Movement of Sri Lanka saying that there no basis to grant leave to proceed.

 NfR calls on all media and democratic organizations to take note of this continuing media censorship in Sri Lanka and support and strengthen alternative Sri Lankan media,  in defense of basic democratic rights of all people in Sri Lanka. At the same time NfR calls on internet based media in Sri Lanka  to be ethical,  balanced and fair  in their reporting.

 

Sri Lanka: Threats to Dr. Nirmal R. Devasiri of FUTA is an another instance of suppression of dissent

Press release/ 25 June 2012

NfR Sri Lanka, a network of Sri Lankan journalists and human rights defenders expresses its serious concern over the recent threats and intimidations directed at Dr. Nirmal Ranjith Devasiri, the President of the Federation of University Teachers’ Associations (FUTA) for his trade union activities.  FUTA has been campaigning for better remuneration for University teachers and education facilities in the universities.  FUTA has also campaigned against the privatisation of the university education. In addition the FUTA has announced a strike by its members demanding the implementation of the agreed salary structure from 4th July 2012.

 NfR Sri Lanka views this intimidation of members of the academic community in the country, with alarm and condemns unconditionally those who are behind such dastardly acts. This is clearly a violation of the universally accepted democratic right to dissent, freedom of expression and the right to association.

 According to FUTA  ‘a group of men claiming to be from the Ministry of Defence have been behaving suspiciously within the neighbourhood of the Secretary of Arts Faculty Teachers’ Associations (FUTA), Dr. Nirmal Ranjith on June 19, 2012. They have questioned the neighbours regarding Dr. Devasiri’s movements and details regarding his family.’ On June 21, Dr. Devasiri has lodged a complaint in this regard at the Maharagama Police Station. He has also received a number of telephone calls threatening him and his family to stop continuing to work as the President of FUTA. 

 The Sri Lanka Police is notorious for its lethargy in investigating killings, threats and intimidations of human rights defenders, journalists, lawyers and academics. Friday Forum, a concerned group of eminent persons and academics in Sri Lanka has stated that they have requested for a meeting with Inspector General of Police to seek his support towards arresting the culture of impunity, and to request him to take measures to prevent acts of police brutality and the violent repression of public protests. This request has received only ‘an unhelpful bureaucratic response’.  In a show of his arrogance and bureaucratic attitude towards civil society, the IGP has not considered it necessary for him to meet the Friday Forum.  Regrettably, the IGP has not been able to show any independence whatsoever towards marauding politicians or their henchmen.

 While condemning the biased attitude of police towards politically motivated crimes in the country, NfR requests that government to initiate an impartial inquiry into this incident and bring the culprits to book without delay.  It is only by doing so that the Government of Sri Lanka can absolve itself from being blamed as being involved in the harassment and intimidation of Dr. Devasiri directly and   the Federation of University Teachers’ Associations, indirectly.

 

Sri Lanka: Editor sacked; NfR expresses shock and dismay

(see comment below) 

NfR Sri Lanka, a network of Sri Lankan journalists and human rights defenders express its shock and dismay on the sacking of Ceylon Today editor Mr. Lalith Alahakoon. Mr. Alahakoon is a senior journalist who has edited number of English dailies in Sri Lanka. He was sacked form the Ceylon Today newspaper on 14 June 2012.

 Ceylon Today’, published by Ceylon Newspapers owned by opposition parliamentarian and business tycoon Tiran Alles. He represents the Democratic National Alliance, which is led by defected presidential candidate and former army commander General Sarath Fonseka.

 According to reliable reports Mr. Alahakoon has been sacked for not obeying unethical orders form the management.  According to media reports the reason given for Mr. Alahakoon’s removal is that he had refused to publish certain politically biased news stories, published by the sister newspaper ‘Mawbima’, in the English newspaper.

Editorial freedom is an accepted media practice in ethical journalism. Editors have the right to decide on the content of the newspaper without any interference of the management. To fulfill the people’s right to information on which freedom of expression rests, the management and the editorial of any news media needs clearly define separate roles. The relation ship between the two entities should be at ‘hands length’ so that they are protected from each others’ undue influences. 

In Sri Lanka today not only the repression by the state but also unethical interferences by the owners/ management impose a debilitating effect on freedom of the press.

Removal of Mr. Lalith Alahakoon from the editorship of the Ceylon and sacking him form the Ceylon Today editorial staff is a severe blow to independence journalism in Sri Lanka.  NfR joins hands with all those who oppose this un- democratic and arbitrary action by the management of the Ceylon News Papers.

Steering Committee, NfR Sri Lanka

Steering committee : Kshama Ranawana ( Canada) Lionel Bopage ( Australia), Nadarasa Sarawanan (Norway), Nadarajah Kuruparan(UK) Padmi Liyanage (Germany), Raveendran Pradeepan (France), Rudhramoorthy Cheran (Canada), Saman Wagaarachchi ( USA), Sunanda Deshapriya ( Switzerland)

Commnet received form Media activist in Sri Lanka

I am an admirer and supporter of your campaign. However, I must make two comments with regard to your Press Release re the apparent sacking of Lalith Alahakoon (who is an old colleague and friend of mine) from Ceylon Today (CT).

 1) Inaccurate information:- 

1.a.) ‘Sacking’:  The details regarding the departure of Lalith and several others from the Ceylon Today are yet unclear. I am not clear whether Lalith was actually sacked or tricked into believing he was being sacked and, therefore, departed. 

1.b.) ‘Editor’ :  Lalith was NOT the ‘Editor’ of the CT newspaper. He was Director – Editorial and a member of the CT Board of Directors. The Editor of CT is Hana Ibrahim, who remains in her post. 

 2) ‘Editorial Freedom’: as a journalist of some 30+ experience, a student of  the mass media and a teacher of journalism, I fail to see the relevance of the concept of ‘Editorial Freedom’ to this particular incident. Indeed I fail to see the relevance of that very abstract concept of Editorial Freedom to the concrete issue of employment of a journalist. At its best, ‘Editorial Freedom’ is a vague concept and, as far as I know, is not something that can be applied in any determinate way to the day-to-day practices of the media industry.  Of course, any attempt to compel an employee (not just a journalist) to break the law or betray confidences or any such unethical activity must be resisted and condemned. But this is very specific and relates to specific laws and ethical values and has nothing to do with the vague concept of ‘editorial freedom’.

 I have the impression that Lalith has fallen victim to unfair and un-ethical (and vicious) personnel management practices by the CT. That they employed trickery and undue pressure to push Lalith out of his influential position in the CT due to differences between him and the CT management in the area of editorial policy seems clear. From my incomplete understanding of the affair, I am not sure what exactly the editorial policy issue was. However, from a ‘rights’ point of view, I, and other locally based activists are endeavouring to obtain details of the unfair labour practices that seem to have been employed by CT in expelling Lalith and colleagues. We will act accordingly. The difference of views on editorial policy cannot be equated with the ‘rights’ of an employment of a journalist. In my own extensive professional experience I have NEVER worked in any newspaper establishment in my whole career in which I have been fully in agreement with the newspaper’s owner’s editorial policies. Indeed, that is why I, too, have been either summarily removed or have voluntarily resigned from some professional positions I have held in my career which began in 1978. Given my understanding of the nature of modern journalism and the media industry, I do NOT expect to see the vague concept of ‘editorial freedom’ applied in any concrete/specific form in any part of the industry or profession. Even if the journalists themselves own and manage a newspaper, editorial policy cannot be “free” but will have to be the subject of a collective or consensual agreement of the owning journalists – even in such a scenario it is obvious that there cannot be any editorial ‘freedom’ practised by either an individual journalist or section of journalists in that establishment.

 Given his extensive professional skills and experience and stature, Lalith’s departure from CT is a big loss to the media industry in SL. I was also dismayed by Lalith’s abrupt departure. I am glad that your campaign has taken up his case and I hope that you will pursue it in accordance with its actual contours.

The statement released by Lalith Alahakoon

Sequence of events relating to editorial crisis at ‘Ceylon Today’ newspaper

By Lalith Allahakkoon
This is the full text of a public statement issued to the media by Lalith Allahakkoon the Editor in Chief and Editorial Director of “Ceylon Today”about recent events that have caused an Editorial crisis in the English newspaper published in Colombo

1. At around 7 p.m. on the night of Wednesday June 13, Executive Director of Ceylon Newspapers Mr. Dushyantha Basnayake summoned me to his office and said there were several issues to be discussed. Firstly, he informed me that the management had decided to terminate the employment of Senior Cartoonist at Ceylon Today Wasantha Siriwardane.

I informed him that while I was satisfied with his performance, if the management was not happy with him and they wished to discontinue him, he should firstly be warned in writing to give him an opportunity to rectify matters.

2. Subsequently Mr. Basnayake informed me that the management had decided to ask me to leave due to several reasons –
(a) My alleged association with Ranil Wickremesinghe and the UNP –(with whom I informed him I have not even had a conversation in the past year, but even if I was, as a journalist and an editor I do not see how this would constitute a wrongdoing)
(b) that I failed to greet Chairman Tiran Alles at a reception held at the Indian High Commissioner’s residence in Colombo and
(c) I failed to publish the unsubstantiated lead story by the Mawbima saying there would be a presidential election in 2013 and contradicted the story the next day. However on this point I clarified that the Ceylon Today story was related to the provincial council elections and not to the presidential elections. I also informed him that in any case the Mawbima lead story was inaccurate and had no legal basis in my opinion. In my experience, a newspaper cannot publish based on the sensational impact of a story alone, but must adhere to certain ethic codes and accuracy.

3. Mr. Basnayake then informed me that my editorial policy and the management’s editorial policy do not tally. I reminded him that when this newspaper was begun, Chairman Tiran Alles said Ceylon Today would be an independent and non-partisan newspaper – and even told the editorial team that they would not be required to publish stories praising him. However as time progressed, and subsequent to everything that has happened, the impression created is that the Chairman’s intention was to use me and my editorial team to specifically target and attack his political opponents. I informed Mr. Basnayake that as an editor I could not compromise on journalistic ethics and editorial independence as spelled out by the company at the outset of this project. If there was dissatisfaction with my performance, up to June 13, the management had not indicated this to me in writing or in any other way.

4. Mr. Basnayake then informed me that the management wanted me to leave. I requested the termination notice in writing.

5. On the morning of Thursday June 14, members of the Ceylon Today staff informed me that Ms.Hana Ibrahim had summoned an editorial meeting and announced that the management had asked me to leave. She requested the staff to extend their support to her to publish Ceylon Today. She told the editorial staff that they must help her to carry forward my ideas in my absence.

6. A few hours later, Mr. Basnayake summoned a meeting of Ceylon Today Department Heads and informed them that the management had made the decision to terminate me because I was not following the editorial policy line the management wanted. Mr. Basnayake requested the heads of department to lend their support to Ms. Ibrahim. Subsequently Mr. Basnayake held private meetings with senior editors Wilson Gnanadass and Dharisha Bastians to convince them to remain at Ceylon Today, urging them that despite my removal, they should continue to work at the newspaper.

7. On June 14 when I reported to work and made several telephone calls to Mr. Basnayake informing him that since I had not been served with the letter of termination so far, I had been compelled to report to work. He told me repeatedly that the letter would arrive within an hour, 30 minutes etc.

8. Finally Mr. Basnayake asked me to return to my residence and said that he would deliver the letter to my residence.

9. . Following announcements by Ms. Hana Ibrahim and subsequently the management (Mr. Basnayake) that I had been terminated and Ms. Ibrahim would be tasked with overseeing Ceylon Today operations, four senior journalists at the newspaper tendered their resignations to Ms. Ibrahim in protest. They were Deputy Editors Wilson Gnanadass and Dharisha Bastians, and senior journalists Rasika Jayakody and Dinidu De Alwis. They informed Ms. Ibrahim that they disagreed with the management decision to summarily dismiss me for trying to maintain editorial independence that was promised by the management when the newspaper commenced publication.

10 I made several telephone calls to him on June 15, and yet again Mr. Basnayake promised to get back to me in an hour. Since that time, he has ceased to respond to my telephone calls.

11. On Saturday (June 16) I reported to work in order to coordinate the Sunday newspaper. When I entered my office, I found it locked. The security officers subsequently unlocked the door but when I entered and attempted to commence work, I found that my official Computer had been deactivated and I no longer was able to access my machine.
Lalith Allahakkoon
Director / Editor in Chief
Ceylon Today
June 17, 2012

Sri Lanka: 2012 Submission to the UN Universal Periodic Review by NfR, FMM & INFORM on Freedom of Expression Rights in Sri Lanka

Read as a PDF hereNfR Sri Lanka – joint UPR submission – Sri Lanka Freedom of Expression Rights – November 2012

Networking for Rights in Sri Lanka

Free Media Movement, Sri Lanka

INFORM Human Rights Documentation Center, Sri Lanka

 

 

Freedom of Expression Rights in Sri Lanka

NGO Submission

Universal Periodic Review second cycle onSri Lanka(1 November 2012)

April 23, 2012

 

Submitted by:

 

Networking for Rights in Sri Lanka,

C/o 18953,

Shermanway,#5,

Reseda,CA91335,USA

NfR.SriLanka@gmail.com;

http://www.nfrsrilanka.org/

 

For Further information please contact:

Sunanda Deshapriya at  sunandadeshapriya@gmail.com

Sunila Abeysekera  at sunilasj2011@gmail.com

 

In cooperation with:

 

Free Media Movement, C/o No 96,Kirula Road,Colombo 05,Sri Lanka,  

fmmsrilanka@gmail.com and

 

INFORM Human Rights Documentation Center, 237/22, Vijaya Kumaratunga Mawatha, Colombo 5, Sri Lanka, informcolombo@gmail.com

 

For further information, please contact:

NfR.SriLanka@gmail.com, fmmsrilanka@gmail.com and informcolombo@gmail.com

 

 

 

  1. NfR Sri Lanka, a net work of human rights defenders and journalists of Sri lanka together with the Free Media Movement, an organisation of journalists, writers and press freedom defenders in Sri Lanka and INFORM human rights documentation center Sri Lanka – submits this report to the Office of the High Commissioner for Human Rights (OHCHR) on the situation of Freedom of Expression and Opinion, to be considered in the second cycle of UPR on Sri Lanka to be reviewed at the 14th session in October – November 2012. According to the framework for the second UPR cycle, emphasis should be given to the recommendations accepted by the country under review. Therefore, a main source of reference is the documents A/HRC/8/46 together with the responses of the Government of Sri Lanka to the recommendations contained in document A/HRC/8/46/Add.1.

 

  1. In section 2 this document also deals with issues relating to Freedom of Expression & Opinion inSri Lankasince the last UPR process ofSri Lankain May 2008. 

 

Section 1: Assessment of the implementation of recommendations accepted by the Government of Sri Lanka and voluntary commitments made during the UPR process in 2008

 

  1. In general, there has been little progress on many of those recommendations made in UPR 2008. Compared to the first UPR in 2008, the human rights situation in Sri Lanka remains bleak and lack of impartial and speedy investigations into killings, abductions, assaults, threats and hate campaigns on journalists and media workers remains a grave threat to freedom of expression in Sri Lanka.

 

  1. According to the document A/HRC/8/46, paragraph 82, A.4, Sri Lankaaccepted the recommendation by Ukraineto “Cooperate actively with international mechanisms (…) as well as special procedures of the Human Rights Council”. Until now, Sri Lanka has refused to invite the UN Special Rapporteur on Freedom of Expression and Opinion and 6 other mandate holders who have requested for invitations to visit Sri Lanka[i].  In 2006 when Sri Lanka became a member of the UN Human Rights Council for the years 2006-2008 GoSL made a commitment to invite the UN Special Rapporteur on Freedom of Expression which it has not fulfilled to date[ii].

 

  1. In November 2011 the Free Media Movement accused the GoSL of deliberately misleading the UN Committee Against Torture (UN CAT) with regard to prominent cases of arrest and conviction, abduction and torture and disappearance of journalists in 2008-2009[iii]. Journalist J. S. Tissainayagam denied that he ever expressed complicity to an offence or remorse as claimed by Mr. Mohan Peiris, senior legal advisor to the Cabinet of Sri Lanka, during the sessions of the UN CAT[iv]. Press freedom activist Poddala Jayantha denied claims of the Government to the UN CAT that he requested the Police to stop the investigations into his abduction and torture[v]. Mrs. Sandya Ekneligoda, also challenged Mr. Peiris to disclose information about the whereabouts of her husband, disappeared journalist/cartoonist Prageeth Ekneligoda[vi].

 

  1. Cooperation with HR mechanisms goes beyond the submission of reports and information. Meaningful cooperation with the OHCHR requires the GoSL to reveal the implementation of the treaties, the recommendations of treaty bodies, of special procedures, and UPR recommendations at the national level.

 

  1. According to the document A/HRC/8/46, paragraph 82/39 Sri Lankaaccepted the recommendation by Irelandto take measures to safeguard freedom of expression and protect human rights defenders, and effectively investigate allegations of attacks on journalists, media personnel and human rights defenders and prosecute those responsible.[vii]  There has been no concrete progress in investigations of attacks on journalists and media organisations including the killings and disappearances of journalists.
  2. On 15th Nov 2011, more than 3 years after GoSL accepted the above mentioned recommendation, the Lessons Learned and Reconciliation Commission (LLRC) appointed by the President of Sri Lanka observed that ‘The Commission was deeply disturbed by persistent reports concerning attacks on journalists and media institutions and killing of journalists and the fact that these incidents remain to be conclusively investigated and perpetrators brought to justice.’ (9.114). This clearly shows that no action has been taken to implement the above mentioned recommendation.

 

  1. 9.      For example none of the below listed killings/abductions and assaults of media personal after the May 2008 UPR process have been investigated to a completion and those responsible held accountable. [viii]

 

  1. Killed:

 

                                i.            Paranirupasingham Devakumar: Sirasa, Shakthi and MTV Television Network Jaffna district correspondent P. Devakumar was hacked to death on 28 May 2008.

 

                              ii.            Lasantha Wickrematunga: Chief Editor of The Sunday Leader was killed on 08 January 2009.

 

                            iii.            Puniyamoorthy Sathiyamoorthy: long standing Tamil journalist was killed by artillery fire within the no fire zone in Vanni demarcated by the government on 12 Feb 2009.

 

  1. Abducted/ Assaulted

 

                          i.                  Keith Noyahr: Deputy Editor and Defense analyst of The Nation was abducted on 22 May 2008 and dropped near his home the following morning.  Noyahr had been severely beaten and was hospitalised for treatment following the attack.

 

                        ii.                  Thiruchelvam Thirukumaran: A Freelance journalist was abducted from his home in Dehiwela on 21 June 2008 and released two day later. He had been subjected to mental and physical torture and was hospitalised for treatment.

 

                      iii.                  Namal Perera: Deputy-head of the advocacy section of the Sri Lanka Press Institute (SLPI) and journalist was assaulted by a group of people in an attempt to abduct him on 30 June 2008. He was hospitalised for treatment following the attack.

 

                      iv.                  Upali Tennakoon: Chief Editor of Rivira Sinhala Weekly was assaulted using sharp weapons in an attempt to kill him on his way to work on 24 January 2009. He was hospitalised for treatment following the attack.

 

                        v.                  N. Vithyatharan: Editor of Tamil language dailies Uthayan and Sudaroli was abducted and assaulted on 26 February 2009.  Police spokesman Gunasekara, who first said that the editor was abducted by unidentified men, hours later, admitted that he had been arrested. He was hospitalised for treatment.

 

                      vi.                  Poddala Jayantha: Senior journalist and General Secretary of the Sri Lanka Working Journalists Association was abducted on 1 June 2009. He was severely beaten and left by the road side several hours later.  He was admitted to the intensive care unit of theColombo GeneralHospital and underwent two operations to correct injuries suffered during the attack.  

 

                    vii.                  Prageeth Eknaligoda: A Cartoonist and writer was disappeared on 24 January 2010 two days prior to the presidential election. There has been no information regarding Mr. Ekneligoda despite appeals by his wife and rights activists to conduct a credible investigation into his case.

 

                  viii.                  Gnanasundaram Kuganathan: News editor of Uthayan Newspaper, aJaffna based Tamil daily was severely assaulted with iron bars on 29 July 2011.  Mr. Kuganathan was seriously injured and hospitalised for treatment following the attack.

 

  1. Media institutions attacked/ burned

 

                          i.                  MBC/MTV network:  An armed group of nearly 15 people destroyed equipment and set fire to the MTV-MBC station early morning on 06 January 2009.

 

                        ii.                  Siyatha TV: An armed mob stormed the Siyatha TV and radio station in central Colombo, and set fire to the premises on July 30 2010.

 

                      iii.                  Lanka e News: The office of the web site was set on fire on 31st January 2011. The computer Hall and the library were completely destroyed.

 

  1. According to document A/HRC/8/46, paragraph 82 / 40 Sri Lankaaccepted the recommendation by Denmarkto take measures to improve safeguards for freedom of the press;

 

  1. More than 3 years after GoSL accepted this recommendation, in November 2011 the LLRC recommended that:

 

9.115 Freedom of expression and right to information, which are universally regarded as basic human rights play a pivotal role in any reconciliation process. It is therefore essential that media freedom be enhanced in keeping with democratic principles and relevant fundamental rights obligations, since any restrictions placed on media freedom would only contribute to an environment of distrust and fear within and among ethnic groups. This would only prevent a constructive exchange of information and opinion placing severe constraints on the on-going reconciliation process. The Commission strongly recommends that:

a) All steps should be taken to prevent harassment and attacks on media personnel and institutions.

b) Action must be taken to impose deterrent punishment on such offences, and also priority should be given to the investigation, prosecution and disposal of such cases to build-up public confidence in the criminal justice system.

c) Past incidents of such illegal action should be properly investigated. The Commission observes with concern that a number of journalists and media institutions have been attacked in the recent past. Such offences erode the public confidence in the system of justice. Therefore, the Commission recommends that steps should be taken to expeditiously conclude investigations so that offenders are brought to book without delay.

d) The Government should ensure the freedom of movement of media personnel in the North and East, as it would help in the exchange of information contributing to the process of reconciliation.

e) Legislation should be enacted to ensure the right to information.

 

  1. This recommendation shows that no concrete improvements has been made as requested by the above mentioned recommendation A/HRC/8/46, paragraph 82 / 40.  So far no action has been taken by the GoSL to implement those recommendations including the enactment of a Right to Information Act.

 

  1. The Committee to Protect Journalist (CPJ), an internationally recognised press freedom organisation, in its 2012 report said that ” The government of Mahinda Rajapaksa has failed to prosecute any perpetrators in the nine murders that have taken place during his time in power, first as prime minister and then president.  In recent months, government officials have issued brazen public threats of violence against their critics, an alarming development given that 60 percent of Sri Lankan victims were known to have received threats before they were killed.”  [ix]

 

  1. The International Federation of the Journalists (IFJ), an organisation with 600,000 members in 140 countries ”strongly deplored the alarming escalation in hostile rhetoric and the barely concealed threats of reprisals that have been made against some of the country’s leading journalists and human rights defenders by representatives of the Sri Lankan government and by state-owned media outlets.[x] (26 March 2012)

 

  1. One glaring example of the impunity enjoyed by Press freedom offenders is the case if Minister Mervyn Silva. On March 23, Sri Lanka’s Minister for Public Relations, Mervyn Silva addressed a public demonstration against the adoption of a resolution on Sri Lanka at the 19th session of the UN Human Rights Council, threatening to “break the limbs” of any of the exiled journalists if they dared set foot in the country again.

 

  1. ‘Silva has been known for several bruising encounters with the media in recent years and was in July 2009, credibly reported as publicly claiming credit for the murder of newspaper editor Lasantha Wickramatunge in January and the assault on Jayantha in June, said IFJ.[xi]

 

  1. No inquiry was held and no disciplinary action was taken against the Minister by the GoSL and according to media reports the inquiry against him has been suspended.[xii]

 

  1. Improving the general human rights situation of the country has direct relevance to the full enjoyment of people’s right to information.

 

  1. According to document A/HRC/8/46, paragraph 82 / 2, 5, 12 and 13  Sri Lanka accepted the recommendations by respectively the Czech Republic, Ukraine, United Kingdom of Great Britain and Northern Ireland, Germany, Ireland, Canada, Turkey; Algeria and the Netherlands to;

 

Strengthen and ensure the independence of its human rights institutions such as the National Human Rights Commission in accordance with the Paris Principles, including through implementation of the 17th Amendment at the earliest, and ensure its pluralist character (82/2);

 

Try to respond in a timely manner to the questionnaires sent by the special procedures (82/5);

 

Further support human rights machinery and capacity building in its national institutions to implement the human rights instruments, such as the introduction of a human rights charter as pledged in 2006(82/12);

 

That the National Plan of Action provide specific benchmarks within a given timeframe (82/13);

 

  1. The 18th Amendment to the Constitution of Sri Lanka has seriously undermined the independence of the National Human Rights Commission (NHRC), National Police Commission and the Election Commission (still to be appointed) among other commissions set up by the 17th amendment to the Constitution.  The 18th amendment has completely nullified the 17th amendment.

 

  1. The NHRC still remains on B status after a review by the Sub Committee on Accreditation in 2009. Since 2010, it had shown reluctance to accept complaints with regard to disappearances (E.g. case of disappeared journalist/ cartoonist Prageeth Ekneligoda) and harassment of journalists (E.g. Media trade unionistDharmasiri Lankapeli) and to pursue such cases with a sense of urgency. The NHRC has failed to exercise its’ powers to investigate the countless attacks, restrictions, threats to freedom of expression since 2008 and despite specific requests, had not pursued options such as producing and placing before parliament a report on the situation of Freedom of Expression and Opinion in Sri Lanka

 

  1. A number of questionnaires sent by the Special Rapportuer on Human Rights defenders has not been responded to at all.

 

  1. No human rights charter has been prepared.

 

  1. The Human Rights Action Plan remains as a mere document even in March 2012. According to Dr. Rajiva Wijesinghe ruling party member of parliament, and Secretary to the Ministry of Human Rights during the 2008 UPR process, no guide lines had been sent to ministries on the implementation of the HRAP. ” The sad thing was that no one in authority seemed to care. I kept suggesting that the Action Plan we had drafted should be taken forward, but though in time the Attorney General assured me that he was putting to Cabinet what he described as ‘your Action Plan’, the lack of specific responsibility meant that it took another year to be finalized. Then it took six months for a system to be set up to ensure action but the necessary instructions have still not gone out formally to all Ministries.”[xiii]

 

 

 

 

 

Section 2: Some key concerns about Freedom of Expression & Opinion in Sri Lanka since the last UPR process of Sri Lanka in May 2008

 

Censorship:

 

  1. In November 2011 GoSL internet service provider Sri Lanka Telecom, which covered more than 80% internet connections in the country, blocked at least six websites without prior warning. Secretary to the Media Ministry admitted that the websites had been blocked as they violated laws but did not specify which news item of what date violated which law, and no charges have been filed for violating of any such laws to date.[xiv]

 

  1. The Free Media Movement (FMM) filed a Fundamental Rights petition in the Supreme Court over the blocking of websites. The case has been postponed over 3 times and leave to proceed has not been granted by the Supreme Court to date.

 

  1. In the meantime, dozens of news websites have been blocked by Government order.  The Department of Government Information under the Ministry of Mass Media and Information, has ordered all news websites that report onSri Lankato register with the ministry without any legal provisions to support its decision.

 

  1. On 12 March 2012, Sri Lanka’s Defense Ministry ordered news outlets to get prior approval before sending mobile phone alerts about the military or police. In a letter hand-delivered to news outlets including Reuters, the MediaCenterfor National Security (MCNS) Director-General Lakshman Hulugalle said the new order was effective immediately.[xv]

 

  1. The reintroduction and enforcement of draconian legislation in 2009 led to the reactivation[xvi] of the Press Council Act which empowers the Press Council to reccomend jail sentences of upto two years to jouranlists and media workers wihtout a formal court procedure. The Press Council requires the nomination of a representative of media organizations, but media organizations in Sri Lanka have opposed the Press Council and have not nominated a representative to the Council. The President of Sri Lanka has since appointed his own representative from a party which is closely allied with the ruling UPFA Government, to the Press Council.[xvii]

 

  1. During the height of the war and even after the end of the war, the govermment prevented international and local media from accessing the war affected areas and speaking with civilians in these areas.

 

  1. The Goverment also prevented foreign media from covering public hearings of the LLRC held in the North[xviii].

 

Arrests, detention and torture of journalists and publishers:

 

  1. A journalist was convicted in September 2009[xix] under the Prevention of Terrorism Act (PTA). Several others were charged under the PTA and Emeregcy laws that were in place in 2008-2009. At least one journalist was tortured while in custody, Two journalists arrested and detained in March 2008 were finally released in October 2009, as there was no evidence, but they were released only after one of the jouralists agreed to withdraw the fundemental rights case he had filed against torture while in custody[xx].

 

  1. Iridia Lanka newspaper editor Chandana Sirimalwatte was arrested, detained and subsequently released in 2009[xxi]. Jayampathy Bulathsinhala and his family members incuding his wife, were arrested and detained in September 2010 for printing a poster that opposed the 18th Amendment to the Constitution by the governmnet that was widley seen as undemocratic[xxii].

 

  1. In 2011, News Editor of popular government critque Lanka e-News (www.lankaenews.com ) was arrested and detained.

 

Hate campaigns, obstructions and threats to campaigns on press freedom

 

35.              Hate speech against journalists conveyed through state media[xxiii] as well as threats of violence and death issued by a government minister[xxiv] – and the failure of the government to intervene – have given rise to concerns over the clamping down on dissent and engendered a fear psychosis in the media, despite the government’s pronouncements about and commitments relating to media freedom and democracy.[xxv] Almost all media institutions are directly or indirectly owned and / or managed by the state, hence there is very clear complicity of the government. In most cases the perpetrators have not been arrested and even in the few cases arrests were made there have been attempts to manipulate/subvert the judicial process.[xxvi]

 

  1. In January 2012, press freedom organizations in Sri Lankaorganized a campaign named “Black January”, to remember attacks on media institutions and journalists in general and especially those in the month of January in the preceding years and to demand justice and accountability. State media attempted to discredit the campaign, particularly targeting the Free Media Movement and included personal attacks against its FMM convenor Sunil Jayasekera and Committee Member Udaya Kalupathirana; Police resorted to unprecedented step of seeking a court order to stop the event[xxvii]. The court ultimately allowed the event to go ahead, but imposed restrictions and banned any marches. However, a pro-government group armed with clubs occupied the space designated for the “Black January” campaign by courts, chanted slogans discrediting press freedom activists and organizations and branding them as working for foreign money and in support of the Liberation Tigers of Tamil Eelam (LTTE). Although the pro-government protest occupied the area designated by courts for the Black January campaign, impeded public access to public transport, blocked an entire half of a busy road and engaged in marches, the police, which had actively sought court orders against the Black January campaign, did nothing to stop or restrict the pro-government protest. Organizers of the Black January protest eventually held their event at another location in order to avoid a violent attack and confrontation that looked inevitable.[xxviii]

 

  1. In August 2011, Police tried to obstruct a historic protest campaign against the attack on a senior News Editor of a local Tamil newspaper inJaffna, a city affected by war for years and which currently has a high military presence. The protest was led byColombobased press freedom groups together with concerned journalists and activists inJaffna.

 

  1. In November 2011, the Legal Advisor to the Cabinet told the UN Committee Against Torture that he has reliable information that Mr. Prageeth Ekneligoda, the cartoonist / journalist who disappeared on 24th January 2010, is living overseas. Mr. Ekneligoda’s wife sought the intervention of Courts, the National Human Rights Commission and the President of Sri Lanka to find out information that Mr. Peiris claimed to have, but nearly 6 months after the statement, no information has been provided. Mr. Peiris is yet to be summoned to Courts or before the National Human Rights Commission. During the last court hearing related to Mr. Peiris being summoned to courts, the state counsel choose to discredit the wife of the disappeared journalist[xxix]

 

39.              In the aftermath of the arson attack on Lanka e-News (www.lankaenews.com) and the arrest of its’ News Editor in early 2011, there appears to have been an attempt to implicate Lanka-e-News journalists in the attack. There were also threats to destroy lawyers and NGOs who were supporting e-News journalists[xxx].

 

Compelling journalists into exile and self censorship

 

40.              The severe repression of freedom of expression and constant attacks and threats led to an unprecedented exile of journalist fromSri Lankaduring the period 2009-2011. Most of the exiled journalists were those who were critical of the government and leaders of prominent press freedom organizations inSri Lanka. Amongst those in exile are two conveners of the Free Media Movement and two former Presidents of the Sri Lanka Working Journalists Association and senior editors and journalists who count more than 25 years of work as journalists. Majority of the exiled journalists are those who worked in Sinhalese and Tamil language and thus, it is extremely difficult to continue their journalism from exile. The exodus had led to a serious gap in activism for press freedom inSri Lanka. With few exceptions, most journalists remaining inSri Lankaexercise self censorship.

 

IV. Recommendations

 

        i.            Cease the harassment, threats, attacks and murders of and ensure a safe environment for all media workers.

 

      ii.            Ensure prompt investigations, arrests, prosecutions and convictions in relation to all attacks and threats to journalists and media institutions, including but not limited to those mentioned in this submission

 

    iii.            The President and the Minister for Media should publicly condemn and distance themselves from hate campaigns and public threats made against press freedom activists and human rights defenders by any person, including by Government Ministers, politicians and state media and ensure that all such cases are investigated and those responsible held accountable without considering political affiliations.

 

    iv.            Do away with requirement to register all websites and lift the blockage on websites

 

      v.            Do away with the requirement to obtain prior permission to send out mobile phone news alerts

 

    vi.            Abolish the Press Council

 

  vii.            Senior Advisor to the Cabinet, Mr. Mohan Peiris, should inform the family, Police, Courts,  the National Human Rights Commission and the general public about any information he has regarding the whereabouts of  disappeared journalist Prageeth Ekneligoda

 

  1. Enact the Right to Information Act, as requested by the media community and recomended by the LLRC

 

    ix.            Present to Parliament a specific action plan on what recommendations of LLRC will be implemented when and by whom, and indicating also involvement of opposition parties, civil society and OHCHR.

 

      x.            Voluntarily present a regular progress report to the Parliament on progress made on implementing the LLRC recommendations.

 

    xi.            Ratify the Optional Protocol to CAT and the Convention against Disappearances

 

  xii.            Extend a standing invitation to all Special Procedures, starting by at least now, honouring the commitment made in 2006 to invite the Special Rapportuer on Freedom of Expression and Opinion and extending invitations to other Special Procedures whose requests for invitations remain pending, including since 2006.

 


[viii]  From Free Media Movement press releases and news paper reports

[xi] i bid

[xvi] “Press Council reactivated”, Sunday Times, June 14, 2009, http://sundaytimes.lk/090614/News/sundaytimesnews_10.html

[xvii] Press Council Act of 1973

[xix] In September 2009, J.S. Tissainayagam, a journalist, was convicted under the Prevention of Terrorism Act for inciting “communal disharmony” by writing two articles for the North-Eastern Monthly magazine in 2006, which were critical of the government’s military campaign. Tissainayagam was detained by the Terrorism Investigation Department (TID) on March 7, 2008 without charge: “Release Tissainayagam NOW”, IFJ, September 8, 2009, http://asiapacific.ifj.org/en/articles/free-tissainayagam/; “J.S. Tissainayagam interview”, RSF, November 17, 2010, http://en.rsf.org/sri-lanka-j-s-tissainayagam-interview-17-11-2010,38836.html; “J.S. Tissainayagam, Sri Lanka, Sunday Times”, CPJ, 2009, http://cpj.org/awards/2009/js-tissainayagam-journalist-sunday-times.php

[xx] Section 7 of the IFJ report on “Key Challenges for Media at War’s End” available at http://asiapacific.ifj.org/assets/docs/236/115/1d464ec-8892c73.pdf

[xxiv] July 2009, Non-cabinet Labour Minister Mervyn Silva stated publicly at a meeting in his electorate that he “Lasantha from the Leader paper went overboard. I took care of him. Poddala (Jayantha) agitated and his leg was broken” (http://groundviews.org/2009/07/13/mervyn-silva-publicly-admits-to-killing-lasantha-wickrematunge-and-grievously-attacking-another-journalist/) ; In September 2010 Deputy Highways Minister Mervyn Silva (who had been promoted from a non cabinet minister to a deputy cabinet minister) told Parliament that he had evidence to prove that former Army Commander Sarath Fonseka ordered the assassination of the Sunday Leader Editor Lasantha Wickrematunga (http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=7378) ;  In October 2010 The same deputy minister made a statement to a private TV channel on that he had evidence as to who killed the Sunday Leader Editor Lasantha Wickrematunge (http://www.thesundayleader.lk/2010/10/10/mervyn-refuses-to-give-details-of-lasantha%E2%80%99s-killers/); On 23 March 2012 Minister for Public Relations Mervyn Silva claimed he was “the one who chased Poddala Jayantha from Sri Lanka” (http://www.adaderana.lk/news.php?nid=17473 ). See also Charles Haviland, “Sri Lanka minister Mervyn Silva threatens journalists”, BBC, March 23, 2012, http://www.bbc.co.uk/news/world-asia-17491832; Easwaran Ratnam, “I will break your bones says Mervyn”, Sunday Leader, March 23, 2012, http://www.thesundayleader.lk/2012/03/23/i-will-break-your-bones-says-mervyn/; “Mervyn threatens to break limbs of journos”, Daily Mirror, March 23, 2012, http://dailymirror.lk/news/17607-mervyn-threatens-to-break-limbs-of-journos.html; “Video: No one can touch me as long as Rajapaksas are in power”, Ada Derana, March 27, 2012, http://www.adaderana.lk/news.php?nid=17520

[xxv] Recommendations on the freedom of expression accepted by the Government from the UPR 2008 included “Take measures to safeguard freedom of expression and protect human rights defenders, and effectively investigate allegations of attacks on journalists, media personnel and human rights defenders and prosecute those responsible” and “Take measures to improve safeguards for freedom of the press”.

[xxvi] One suspect in the murder of Lasantha Wickrematunge died in hospital after being admitted for chest pains. Another suspect a former army intelligence officer Kandegedara Priyawansa claimed in open court that an official of the Terrorist Investigation Division (TID) had promised him protection and a foreign job had he given evidence to the effect that a senior military officer was involved in the killing of the journalist. An application was made on the next date that Kandegedara Piyawansa’s statement be recorded and the Mt. Lavinia Magistrate proceeded to do so in Chambers. This statement was not made public nor placed on record but sent to the Inspector General of Police for a report which has been ignored to date. Whilst the TID insists in court that investigations are going on, no evidence has been forthcoming nor reported to Court. It is over three years since the murder and the Police reports to Court say that any further facts to Court would hamper a successful investigation. (http://www.thesundayleader.lk/2012/04/08/happy-birthday/ )

Sri Lanka: Submission to the UN Universal Periodic Review by NfR, FMM & INFORM on Human Rights Defenders, Freedom of Assembly, Freedom of Association and Dissent in Sri Lanka

Read the PDF hereNfR Sri Lanka joint UPR submission Sri Lanka Nov 2012 ,Defenders, Freedom of Assembly, Freedom of Association and Dissent

Networking for Rights in Sri Lanka (NfR)

INFORM Human Rights Documentation Centre, Sri Lanka

Free Media Movement, Sri Lanka (FMM)

 

 

NGO Submission

Universal Periodic Review – second cycle onSri Lanka

(14th UPR Working Group – Oct / Nov. 2012)

April 23, 2012

 

Human Rights Defenders, Freedom of Assembly, Freedom of Association and Dissent in Sri Lanka

 Submitted by:

 Networking for Rights in Sri Lanka,

C/o 18953,

Shermanway,#5,

Reseda,CA91335,USA

NfR.SriLanka@gmail.com;

http://www.nfrsrilanka.org/

 For Further information please contact:

Sunanda Deshapriya at   sunandadeshapriya@gmail.com

Sunila Abeysekera  at  sunilasj2011@gmail.com

 In cooperation with:

 Free Media Movement, C/o No 96,Kirula Road,Colombo 05,Sri Lanka, 

fmmsrilanka@gmail.com and

 INFORM Human Rights Documentation Center, 237/22, Vijaya Kumaratunga Mawatha, Colombo 5, Sri Lanka, informcolombo@gmail.com

 For further information, please contact:

NfR.SriLanka@gmail.com, fmmsrilanka@gmail.com and informcolombo@gmail.com

 Human Rights Defenders, Freedom of Assembly, Freedom of Association and Dissent in Sri Lanka

                                                       May 2008 – March 2012

  1. A.     Background
  2. The period from May 2008 to May 2009 saw the escalation of the war between the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE), and the military defeat of the LTTE in May 2009. The final phase of the war witnessed intense fighting between Government forces and the LTTE. Thousands of civilians fleeing the fighting were killed or injured inside Government designated ‘safe zones’. Those who entered Government controlled territory were detained in camps controlled by the military and many were arrested and detained. Many of those who surrendered to the military in May 2009 have not been seen or heard from since despite complaints, appeals and campaigns by relatives and rights groups. The exact number of fatalities during the final phase of the war is highly disputed. The actions of the GoSL have been called into question by the international community regarding its treatment of civilians during this final phase of the war and its adherence to international human rights and humanitarian law.

 

  1. Almost three years since the end of the war, Sri Lankais yet to move into a post-conflict phase. The restrictions on human rights and fundamental freedoms that were in place during the war in the name of ‘national security’ are largely unchanged.  Although the Emergency Regulations (ER) were lifted in August 2011, several of its provisions were introduced into the draconian Prevention of Terrorism Act 1979. As the repeal of ER took place one month before a meeting of the United Nations Human Rights Council (UNHRC), this act was viewed as a move to detract international pressure by many.[1]

 

  1. Following the presidential elections in January 2010 Sri Lankawitnessed a wave of political persecution of opposition leaders, activists and independent journalists including state media workers.  The period leading up to and immediately following the election was characterised by violence;[2] the censoring/blocking of independent media websites;[3] the restriction of and threats to journalists;[4] and disappearances.[5]  General Sarath Fonseka, former commander of the Sri Lanka Army (SLA) who contested as the Common Opposition Candidate was arrested several months after the election, and  charged  and convicted of numerous crimes in military and civilian courts.

 

  1. The period of May 2008 to March 2012 was characterised by the continued suppression of dissent in all forms in Sri Lanka (SL).  Those defending human rights, documenting violations and expressing dissent in any form, both nationally and locally were targeted as traitors and terrorists and worked under constant threat of violent reprisals. Many were forced into hiding and to seek protection outsideSri Lankadue to threats and surveillance. Activists mobilising people at the community level against human rights violations also faced serious threats. During this period, the Government has systematically sought to restrict and suppress the fundamental freedoms of assembly, association and expression guaranteed under the Constitution.

 

  1. Freedom of Assembly: The government has employed the police and the military to suppress, often violently, protests by trade unions, activists and citizens groups against regressive/repressive Government policies. On 30th May 2011, one worker was killed and over two hundred injured when police used live ammunition and tear gas to suppress a protest by Free Trade Zone (FTZ) workers against Government’s Private Pension Scheme.  In August 2011 Police used tear gas to disperse crowds who were throwing stones at a protest in Pottuvil.  There were reports of a protestor being shot and killed by security forces. Members of the SLA shot at demonstrators at a navy base on in Kinniya 15th August 2011, injuring two. In August 2011, police and military cracked down violently against civilians protesting against ‘grease devil attacks’ in the North and East of Sri Lanka.[6] On 15th February 2012 fisherman Anton Fernando was shot dead by police at a protest in Chilaw over a rise in petrol prices.

 

  1. Freedom of Association: post war – the NGO Secretariat which registers NGOs and regulates their activities has been brought under the Ministry of Defense (MoD). In June 2011 the Community Trust Fund (CTF) a development NGO based in Puttalam, was taken over by the MoD without a clear reason or justification for the move. The Managing Trustee of CTF, Mr. Pattani Razeek, was abducted in February 2010 and his body was recovered in July 2011. Local activists and family members have accused a prominent Government Minister of influencing the police inquiry into his abduction and killing. Official records indicate that the same minister was responsible for a petition which lead to the inquiry and takeover of CTF by the MoD. Apart from CTF many NGOs particularly at the local level are often visited by intelligence officers who question staff about their work and funding causing fear and insecurity among NGO staff.

 

  1. Freedom of Expression: There has been little progress on many of those recommendations made in UPR 2008 and the human rights situation in Sri Lanka remains bleak and lack of impartial and speedy investigations into killings, abductions, assaults, threats and hate campaigns on journalists and media workers remains a grave threat to freedom of expression in Sri Lanka.

 

 

  1. B.     KEY TRENDS IN SUPPRESSING DISSENT

Killings

  1. On 20th September 2008, torture victim and complainant in a bribery case, Sugath Nishantha Fernando was shot dead in Negombo. Mr. Fernando had suffered previous threats, attacks and torture by the Negombo police following a bribery complaint and a fundamental rights case against torture by officers of the Negombo police station. Mr. Fernando’s wife and children and the lawyer representing his case faced threats and attacks following his killing and his family were forced to seek protection abroad[7].

 

  1. Lasantha Wickrematunge, editor of the Sunday Leader Newspaper , was shot to death by armed men on motorcycles on 8th January 2009 on his way to work. Wickramatunge was a known critic of the Government and was being sued by the Secretary to the Ministry of Defence and brother of the President, Gotabaya Rajapaksa. Wickrematunge had been very vocal in criticising the government’s military response to the LTTE and the human rights violations perpetrated against SL citizens.[8]

 

  1. On 31st December 2010 an activist who had campaigned against environmental damage due to sand excavation in Jaffna was shot dead[9]

 

  1. In May 2011, the police attacked workers protesting against the government’s proposed pension bill, including inside the factories where they worked. Police opened fire on thousands of workers who were protesting, with some 250 being admitted to hospital. One person, Roshen Chanaka Ratnasekera, was killed. He was shot in the leg and was reportedly kept for two hours at the police station without treatment even though he was bleeding profusely, before being taken to the hospital where he succumbed to his injuries.

 

  1. In September 2011, Perumal Sivakumara a well known civil rights activist from the Puttalam District died after being tortured in public by officers attached to the Special Task Force of the Sri Lanka Police. [10]

 

  1. On 11th February 2010, Pattani Razeek, the Managing Trustee of CTF was abducted and his body was found on 28th July 2011. No action was taken against the main suspect in his abduction and murder, Shahadbeen Nowshaadh, until over a year following the abduction and Police had identified him as the chief suspect. Local activists and family members believe that the failure to arrest the suspect was due to the intervention of Minister Rishad Bathiudeen, the current Minister of Trade & Commerce. Nowshaadh and another suspect were arrested in July 2011 and Mr. Razeek’s body was found a few weeks later based on information given by the two men to the police.  Razeek’s family and those campaigning for justice in his case have been threatened and harassed on several occasions[11]

.

Disappearances

  1. On 7th May 2009, Stephen Sunthararaj, an HRD  working at the Centre for Human Rights and Development (CHRD) was abducted while returning home following his release from detention that day. Mr. Sunthararaj who is a former Government Child Rights Officer had faced threats following his report on the Allaipiddy Massacre, an incident in Jaffna in which several civilians including two infants were killed, in which he incriminated para-military groups in the area, as well as certain elements of the military. He was arrested in February 2009 on terrorism charges and was released following a fundamental rights petition to the Supreme Court  seeking his release. There has been no information regarding the whereabouts of Mr Sunthararaj to date.[12]

 

  1. On 24th January 2010, journalist and cartoonist Prageeth Ekneligoda disappeared, two days before the Presidential election.  Mr. Ekneligoda was a journalist at Lanka-e-News, an independent web portal in Sri Lanka. There has been no information regarding his whereabouts to-date. His family and those campaigning for justice in his case have faced intimidation, surveillance and his wife was labelled a ‘traitor’ after speaking out about his disappearance at the 19th session of the UNHRC.[13] Presenting to the UN Committee Against Torture (UNCAT) in November 2011, the Attorney General Mohan Pieris stated that Ekneligoda has merely sought asylum abroad.[14]

 

  1. In a recent spate of disappearances and abductions, political activists and HRDs Lalith KumarWeeraraj and KuganMuruganandan, disappeared in Jaffnaon 9th December 2011 while preparing for a human rights day event in Jaffna the following day. Mr. Lalith Weeraraj worked extensively in the North against disappearances and arbitrary detention and had suffered repeated threats, attacks including a previous abduction due to his work. To date there is no information regarding their fate or whereabouts. [15]   Family members and those campaigning in their case have faced threats, intimidation and surveillance.

 

  1. Overall families of the disappeared and their supporters who have campaigned extensively for information regarding their whereabouts, including those who surrendered to the military upon entering Government territory in May 2009, have faced threats, intimidation and surveillance and live under constant fear of reprisals or arrest.

 

Abductions and assault

  1. Poddala Jayantha, a senior journalist at ‘Dinamina’, the state-owned Associated Newspapers of Ceylon Limited (ANCL) newspaper, and leading press freedom activist, was abducted on 1st of June 2009 by men in a white van. Jayantha had been highly critical of the government, particularly of the suppression of media freedoms. Jayantha was beaten with iron rods and metal poles, had acid poured on him, had three fingers crushed and his ankle and leg broken. He was released the next day and spent nearly a month in hospital. He was unable to walk for an additional six months.

 

  1. In February 2012, a bribery complainant from Hatton who had complained against corruption by the Hatton police, was abducted and severely beaten before being released the following day. He was abducted and beaten previously in January 2011 and has lived in hiding ever since.

 

  1. Political activists Premakumar Gunaratnam and DimithuAttygalle were abducted on 6th April 2012. Both are members of the Frontline Socialist Party (FSP), a breakaway group of the opposition party, JanathaVimukthiPeramuna(JVP). The GoSL originally denied any knowledge of the two and argued that there was no evidence that Gunaratnam was even in the country. Following pressure from the Australian government, as Gunaratnam is an Australian citizen, both activists were released on 10th April 2012 in different locations and Gunaratnam was summarily deported to Australia. In a statement made by Gunaratnam following his abduction, he stated “I have no doubt that if I didn’t have the Australian Government’s support, I would have been… I can confirm I was abducted by the Sri Lankan Government forces, blindfolded me and tortured.”[16]Attygalle claimed she was manacled and struck by her captives once.

 

Arrests

  1. The government has increasingly used arrest and legal persecution as a means of suppressing HRD activity. Several activists and HRDs have been arrested and detained on false charges under Emergency Regulations. Following the repeal of ER, local HRDs fear arrest under the draconian Prevention of Terrorism Act under which a person can be detained under a detention order for up to 18 months without charge and without being produced before a Magistrate.

 

  1. Shantha Fernando, Executive Secretary of the Commission for Justice and Peace –National Christian Conference, was arrested by the Terrorism Investigation Department (TID) at the airport on 27th March 2009. Fernando is accused of possessing literature and a CD containing anti-government information. The recovered items are said to be documents on the humanitarian crisis in Vanni, downloaded from the internet. Fernando was held without charge under Emergency Regulations. In August, the TID informed the Magistrate that Fernando had made a voluntary confession to the TID over his involvement in the alleged crimes. The lawyer for Fernando submitted that he had made the confession under pressure byTID officers who assured him that he would be released on bail following a confession. Fernando was released on bail on 11thNovember 2009, but the case against him continues.

 

  1. On 28th November 2010, Aruna Roshantha and Marcus Fernando, two fisheries rights activists protesting against the Governments’ proposed sea plane project in Negombo were arrested and accused of conspiring against the Government and attempting to incite people to overthrow the government. Mr. Roshantha who is the Fisheries Union President and Mr. Marcus had distributed leaflets against the sea plan project at a protest in Negombo the previous day. Their case is still pending.

 

  1. Many other HRDs were also arrested and detained during this period.[17] On several occasions, HRDs leaving the country and arriving back in the country after overseas visits, were questioned at the airport and at least on one occasion, was also tortured during questioning. Most of these HRDs have opted not to complaint due to severe warning received by interrogators and fear of reprisals and lack of confidence in any protection and justice through existing domestic mechanisms.

 

  1. Calls were made by the Buddhist nationalist party Jathika Hela Urumaya (JHU), for the Bishop of Mannar, Rt. Rev. Dr. Rayappu Joseph, to be arrested and prosecuted after he and thirty priests sent a letter to the UNHRC urging international intervention in the human rights situation in SL in March 2012.

                       

Intimidation and threats

 

  1. Dharmasiri Lankapeli, activist with the Federation of Media Employees Trade Unions, has been the target of threats and smear campaigns and was forced to spend several months in hiding in 2009 and 2010. The state-owned newspaper company, the ANCL his employer, has accused Lankapeli of supporting the LTTE and branded him a traitor.   In a television program and in newspaper articles, by the state-owned media, on the ‘Black January’ protests organised by media freedom groups in January , 2012, Lankapeli was singled out and accused of links to the LTTE.[18]

 

  1. J.C. Weliamuna, a prominent human rights lawyer and former Executive Director of Transparency International Sri Lanka (TISL), has received numerous threats and been the subject of attack on many occasions. On 27th September 2008 two grenades were thrown at his house. Only one exploded and no one was injured, although the house sustained damage. Weliamuna lived in close proximity to a police station, an army camp and a checkpoint roadblock, yet no suspicious activity was reported. Weliamuna has been involved in many fundamental rights cases (FRC) with the Supreme Court, and this attack was thought to be in retaliation for his legal representation of clients in human rights cases where the MoD was implicated.[19] There has been no credible investigation of the incident, yet a government report released appeared to insinuate that Weliamuna was responsible for the attack in an attempt to garner public support.[20]

 

  1. Mano Ganesan, Member of Parliament, HRD and the founder of the Civil Monitoring Commission on Extra-Judicial Killings and Disappearances (CMC), was interrogated for six hours on 26th August 2008 by the TID regarding the peace delegation visits he undertook to Killinochchi on the request of the then president during the Ceasefire Agreement (CFA) period in 2002 and 2004. The TID wished to know if he had developed any links with the LTTE while he was there.

 

  1. There have been instances following the war in which any who attempt to hold commemorative events for those Tamils killed in the war have been subjected to threats. In Vanni, an army officer threatened to shoot a parish priest and drag him behind his jeep because the priest was organising prayer services for those killed in the war. Another priest was prevented from celebrating a holy mass organised for the same reason. A priest in the north who was trying to build a monument for those civilians killed was warned by the army to stop building it.

 

  1. 30.  In November 2011, the premises of Companions on a Journey (CJ), an NGO working on HIV/AIDS prevention, was searched by police and those present were questioned for several hours and intimidated. Prior to this incident, the group were attacked in a Sinhala newspaper, and accused of promoting homosexuality under the guise of HIV/AIDS prevention. The NGO has ceased to function as a result of these threats and harassment.

 

  1. 31.  In February-March 2012, well known HRD and fisheries rights activist, Mr. Herman Kumara and his organization NAFSO faced threats, intimidation and surveillance following a protests by local fisherman against fuel price increases by the Government. TID officers have questioned Mr. Kumara’s colleagues, partners, NAFSO staff and his neighbours regarding his work and whereabouts[21].

 

  1. 32.  In December 2011, a group of political activists and HRDs travelling to Jaffna to attend a protest to mark international human rights day were stopped in Jaffna by police and prevented from attending the protest[22].

 

  1. 33.  In March 2012, a legal clinic in Jaffna was attacked by unidentified groups and organizers in Jaffna and lawyers conducting the clinic have faced intimidation and surveillance following the incident.

 

Death threats

  1. On 20th August 2009, the Executive Director of the Centre for Policy Alternatives (CPA), Dr. Paikiasothy Saravanamuttu received an anonymous death threat written in English, posted to his residence. The letter threatened to kill Dr. Saravanamuttu because Sri Lanka risked been deprived of the European Union’s GSP Plus trade benefits later that year due to information supplied by Dr. Saravanamuttu to Ms. Benita Ferrero-Waldner, the EU’s Commissioner for External Relations.[23] In 2010, Dr. Saravanamuttu’s name was placed at the top of an alleged “hit list” that was made public, along with the then Executive Director of Transparency International Sri Lanka and prominent human rights lawyer, Mr. J. C. Weliamuna.[24]

 

Questioning and Surveillance

  1. Many HRDs across the country have been subjected to questioning and surveillance. In the aftermath of the resolution on Sri Lankaat the 19th session of the UN Human Rights Council, several NGO staff had been questioned in the North by state intelligence officials, including several women’s organizations. On several occasions, female staff members have been visited at home by male intelligence officers. Many other HRDs and political activists critical of the government have been subjected to questioning.[25]

 

Reprisals for working with the United Nations (UN) including labelling of human rights defenders as ‘terrorists’ and ‘traitors’

 

  1. Nonviolent Peaceforce Sri Lanka (NPSL), an international NGO, had organised training for local HRDs on the UN complaints mechanism in the North and East of Sri Lanka. Later on in 2010, senior NPSL staff, including its country director Tiffany Eastham and HRDs project coordinator Ali Palh had their visas cancelled by the GoSL and were compelled to leave at short notice.[26]The successor to the HRD project,[27]as well as another senior expatriate staff member,[28] was also forced to leave prematurely. On 3rdOctober 2010, the Divaina newspaper disclosed details of the training conducted by NPSL with thirteen HRDs from Mannar and Vavuniya. On 22nd October 2010, the Sunday Island Online carried a follow up article stating that the military intelligence were investigating thirteen HRDs who were accused of submitting false complaints regarding human rights violations against Tamil civilians in the North to the UN. On 2nd January 2011, the Sunday Divaina Newspaper carried a further article in which it named the thirteen HRDs in question. An HRD in the North who was named in the article has faced threats, intimidation and torture and accused of documenting cases of disappearance and detention and submitting information to international organizations.

 

  1. Journalists and HRDs who document and report on continuing rights abuses, particularly on enforced disappearances and killings in the North, are often labelled as ‘terrorists’ in the media and subjected to serious threats and intimidations.  HRDs involved in international advocacy, particularly lobbying in Genevahave also been labelled as “traitors”. On 1st April 2009 an article titled ‘Sri Lanka slams “pro-LTTE” countries’, quoted the then Human Rights Minister Mahinda Samarasinghe (who presently serves as Special Envoy of the President on Human Rights) describing a recent UN summit in Geneva as “a desperate attempt to throw a lifeline to the few remaining LTTE leaders.”[29]

 

  1. On 26th January 2012, an article in Dinamina quoted Minister Keheliya Rambukwella, who stated that exiled media personnel who lobby in Geneva are traitors to the country and are bringing the country to disrepute.[30] The attacks intensified during the advocacy at the 19th session of the UN Human Rights Council in Geneva from February 27 to March 23, 2012. On 14th March 2012, the state-owned newspaper the Daily News,  in an article titled ‘Pakiasothy, Sunila and Nimalka working with LTTE rump’, alleged that these HRDs “continue to work with the LTTE terrorist rump and betray Sri Lanka in Geneva.”[31] From  14th to 16th March 2012 a daily news item on the state  television station, ITN, clearly alleged that the named HRDs are aligned with the LTTE and that they are traitors and degenerates. They also showed photos of selected HRDs.[32] On 17th

 

  1. C.     KEY DOMESTIC INSTITUTIONS
  2. The domestic institutions and mechanisms put in place to purportedly protect the rights of Sri Lankan citizens have been woefully ineffective in this respect, both in preventing the abuses themselves and holding those responsible accountable.

 

The National Human Rights Commission (NHRC)

  1. The NHRC has continually failed in its mandate to protect and promote human rights through inaction or insufficient action on its part in instances of blatant rights violations, particularly in relation to HRDs. On the 12th of April 2012 following information that two missing HRDs, LalithWeeraraj and KuganMuruganandan, were being held in a particular police station in Colombo rather than conducting a surprise inspection, the NHRC chose to call the police station in question to confirm the report. A visit by NHRC staff members took place the following morning but not surprisingly, the two men were not there.

 

  1. Following a statement made on 9th November 2011 by then AG Peiris to the UNCAT that journalist Ekneligoda was not in fact missing, but had merely sought refuge overseas, Prageeth’s wife sent a letter to the Chairman of the NHRC on 20th November 2011 requesting that Mr Peiris be made to clarify and provide proof as to his statement. The only action that has taken place is a request sent to Mr Peiris on 27th January 2012 for him to submit an affidavit with regard to his statement. No further information has been provided to Mrs Ekneligoda as to whether this affidavit has been produced.

 

  1. On two separate occasions government Minister Mervyn Silva has made comments which suggest he has been involved with or has knowledge of human rights violations perpetrated against journalists and human rights defenders. In July 2009, following the murder of Wickrematunge Minister Silva stated at a public event that “Lasantha from the Leader went overboard… If this fellow goes against what I say, I will send him to the place I sent Lasantha.”[33] On 23rdMarch 2012 now Public Relations Minister Silva claimed that he “was the one who chased PoddalaJayantha out of this country,”[34] To date, no action has been taken by the NHRC against Minister Silva with regard to these statements.

 

  1. Following the killing of Ratnasekera at the FTZ protests in May 2011 the NHRC conducted an investigation into the incident; A short report has been published, however no detailed report has been provided to Ratnasekera’s family, nor made public.The results of a presidential commission on this incident were presented to President Rajapaksa on 6th August 2011. The report has not led to any substantive action on the part of the president.

 

The Lessons Learned and Reconciliation Commission (LLRC)

  1. The LLRC is the commission initiated by President Rajapaksa in response to calls for international intervention over accusations of severe human rights violations. This report was made public on 16th December 2011, but has failed to have a noticeable impact on the human rights situation in SL. It largely exonerated the government’s actions at the latter end of the war, despite the UN Secretary General’s Panel of Experts finding credible allegations of human rights violations on both the part of the government and the LTTE. Despite specifically condemning ‘white van abductions’ and arbitrary disappearances, as well as stating that “all steps should be taken to prevent… attacks on media personnel,” such incidences continue with no apparent response from the government. Even though the report states that “priority should be given to the investigation, prosecution and disposal of such cases” and “past incidents of such illegal action should be properly investigated,” there has been no instances of prosecutions or convictions for any of the cases listed in this report. In fact, in the period under review, of the seven journalists and HRDs who have been murdered and the four who have disappeared, no prosecutions or convictions have been recorded for any of these cases.­

 

Fundamental Rights Cases with the Supreme Court

  1. Also contributing to the impunity found in SL are the cases of those who bring FRCs to the Supreme Court for violations of their human rights, however find that they have no protection against reprisal. SugathNishantha (September 2008) and Ramasamy Prabakaran (February 2012) were both killed by unknown assailants while their FRs were waiting to be heard by the Supreme Court. Devarathnam Yogendra, (2011-2012) received death threats and has been forced to go into hiding following filing a bribery complaint against a police officer. His FRC is still pending.

 

  1. D.    ROLE OF INTERNATIONAL COMMUNITY
  2. To an increasing extent the international community, in the form of both the UN and delegates of foreign governments, has been obliged to pay greater level of involvement in the events taking place in SL, as the GoSL continually refuses to fulfil its mandate to protect its citizens.

 

The United Nations

  1. The UN’s Human Rights Council has passed two resolutions onSri Lankasince 2008, in 2009 and 2012 respectively. Both resolutions failed to even express concern about the consistent and serious attacks on HRD. Freedom of assembly, association and expression inSri Lanka.

 

  1. The above inaction was despite compelling evidence and consistent expression of concern by the Special Procedures of the Council and the High Commissioner for Human Rights.

 

  1. In its reports covering the period of December 2009 to December 2011 The Special Rapporteur (SR) on the situation of HRDs noted that in the Asia-Pacific region SL had one of the highest number of communications sent regarding threats and abuses against HRDs over the period. The Secretary General’s report on reprisals against those who cooperate with the UN system noted the lower-than-average number of complaints during the reporting period. This was accounted for by noting that threats have often been specifically leveled against those who attempt to utilise the UN complaints systems, stating that “…such a climate persists in this country.” Threats against HRDs and those who participated in the lead-up to the 19th session of the HRC reached such a level that the OHCHR was forced to release a statement stating that “there has been an unprecedented and totally unacceptable level of threats, harassment and intimidation directed at Sri Lankan activists,” and noting that many of the threats “were carried in Sri Lankan state media and Government websites or were filed by journalists who had been officially accredited to the Council session by the Sri Lankan permanent mission.”[35]

 

  1. The UN Resident Coordinator and large and well resourced UN agencies in the country had not taken a prominent role in protecting and supporting HRDs, though on occasions, specific UN agencies had tried to negotiate access for NGOs in war affected areas. The mandate of the Human Rights Advisor to the UN Country Team appears to have been designed in a way that makes it very difficult for the Advisor to get involved in supporting HRDs at risk and promoting and recognizing the role of HRDs inSri Lanka.

 

Foreign representatives

  1. Representatives of some foreign embassies had attempted to support HRDs by regular meetings at the embassies, in HRDs work places and also in neutral venues. They have also visited HRDs and independent journalists who were detained, monitored key court trials and regularly taken up key cases with the Sri Lankan government. Some embassies also collaborated in ensuring the physical safety of HRDs at risk by providing accompaniment and working with HRDs networks to facilitate safe houses. 

 

  1. The Australian High Commission’s intervention was widely seen as a key intervention that helped to secure the release of an abducted leader of a new political party in early April.

 

  1. E.     IMPLEMENTATION OF RECOMMENDATIONS/VOLUNTARY COMMITMENTS FROM THE 2008 UPR
  2. The following are recommendations put forward during the 2008 UPR of SL to do with the issue of dissent that enjoyed the support of the GoSL at the time, along with examples of non-implementation during the period under review:
    1. Strengthen and ensure the independence of the NHRC (this was also put forward as a voluntary commitment of the GoSL).

The downgrading in accreditation of the NHRC from Status A to Status B in 2007 has not been reversed, even though the accreditation was reviewed in March 2009. The change in status was instigated due to the personal appointment of five Commissioners by the president in 2006 and the Commission’s lack of investigation, or discontinuation of investigation, into thousands of disappearances that have taken place in SL.

  1. Cooperate fully with UN and international mechanisms, including special procedures mandate holders.

The SR on the situation of HRDs has two pending requests for an invitation by the GoSL from 2008 and 2010. The SR on the promotion and protection of the rights to freedom of opinion and expression has had a pending request for an invitation since June 2009.

  1. Take measures to protect HRDs and journalists.

There have been seven journalists and HRDs killed and four who have disappeared in the period in question. There have been dozens more who have been attacked or faced threats and harassment. Far from taking measures to protect them, the government has appeared either indifferent to their plight, or supportive of those who have carried out the attacks. When President Rajapaksa was informed of the brutal attack on Mr Jayantha, he merely stated he did not want to become involved in friction between media institutions.[36]On 11th December 2010 Deputy Minister Sarath Kumara Gunaratna, who was accused of attacking two journalists, after denying involvement in the incident, stated “I am happy that even ordinary people of this country are taking their patriotic duty seriously and acting against traitors… People will beat up anyone who betrays this country. That is what I call people’s power.”[37]

  1. Effectively investigate allegations of attacks on journalists, media workers and HRDs, and prosecute those responsible.

As mentioned above, there have been no prosecutions or convictions for any of the cases of killings, disappearances or attacks on HRDs or journalists. No progress has been made in the cases of Mr Wickrematunge, Mr Ekneligoda, Mr Jayantha or Mr Sunthararaj. Even in cases where a suspect has been identified, such as Mr Razeek, little or no action is taken.

  1. Safeguard freedom of expression and freedom of the press.

The blocking of news websites critical of the government, the restrictions placed on the release of information at the end of the war, and the continued censorship of the media by the Media Centre for National Security (MCNS) on the grounds of ‘national security and defence,’ demonstrate that freedom of expression and the press continue to be suppressed.

  1. Adopt legislation designed to ensure the protection of witnesses and victims of abuse.

The GoSL voluntarily committed to the adoption of a Witness and Victim Protection Bill. Such legislation has yet to be implemented.

 

G. RECOMMENDATIONS

        i.            Cease the harassment, threats, attacks and murders of and ensure a safe environment for all HRDs.

 

      ii.            Ensure prompt investigations, arrests, prosecutions and convictions in relation to all attacks and threats to HRDs, including but not limited to those mentioned in this submission

 

    iii.            The President and the Government should publicly condemn and distance themselves from hate campaigns and public threats made against HRDs by any person, including by Government Ministers, politicians and state media and ensure that all such cases are investigated and those responsible held accountable without considering political affiliations.

 


[4] A journalist was threatened when he took a photograph of military personnel changing number plates of a vehicle belonging to a supporter of General Fonseka. He was forced to delete the photo. On 28th January, soldiers roughed up photographers working for foreign news agencies when they tried to attend a news conference given by General Fonseka. Soldiers also prevented journalists from working freely near a hotel being used by General Fonseka the previous day.

[5]PrageethEkneligoda, cartoonist and journalist for the pro-opposition website LankaeNews disappeared on 24 January 2010, two days before the election. There has been no news on his whereabouts.

[6]

[17] Pethuru Jesuthasan, a HRD and former officer of Jaffna Human Rights Commission was arrested and detained for two months, as was an intern at the Law & Society Trust, both in 2009. Journalist and human rights defender J.S. Tissainayagam was arrested in March 2008 and held for five months before he was charged (http://transcurrents.com/tc/2009/09/sentenced_journalist_tissainay.html). Another journalist and human rights defender, Mr. K. Wijesinghe, was detained and released in March 2008, but went into exile as he continued to be subjected to surveillance, questioning and intimidation and couldn’t continue his human rights work. Five doctors who reported on civilian deaths during the end of the civil war were detained by the army in May 2009 and accused of aiding the LTTE and denouncing their accounts as ‘terrorist propaganda’. They were subsequently forced to recant their statements (http://www.guardian.co.uk/world/2009/jul/08/sri-lanka-doctors-casualty-figures). Jayampathy Bulathsinhala , the owner of a printing house that printed posters opposing the 18th Amendment,  was charged under the Prevention of Terrorism Act in September 2010. His wife, Kumudu Wijeyawardena, and her two younger brothers were also arrested, though later released (http://www.thesundayleader.lk/2010/09/12/printer-detained-under-prevention-of-terrorism-act-for-anti-mahinda-posters/).  Aruna Roshantha and Marcus Fernando, two activists protesting against a sea plane project, were arrested and charged with ‘anti-government behaviour’ (http://www.thesundayleader.lk/2010/11/28/negombo-lagoon-activists-arrested-released/).

 

[25] The eight-hour Colombo Crime Division interrogation of staff of Law & Society Trust & Right to Life Human Rights Centre on 13 July 2008 regarding the contents of a joint leaflet marking the International Day against ‘Disappearances’. The seven-hour Criminal Investigation Department interrogation on 26 August 2008 of Mano Ganesan, prominent human rights defender, opposition parliamentarian and convenor of the multi-party Civil Monitoring Commission. In late 2011, a well known human rights defender from Mannar who wants his name kept confidential was questioned several times by Police and Army separately and on one occasion he was tortured, he has also fled overseas since then. In 2011 a written statement by PAX ROMANA A/HRC/16/NGO/37 states that women human rights defenders who had attended training were questioned about the training by police officers. In March 2012 at least three activists working on land issues were subjected to interrogation by Criminal Investigation Department in Colombo. In November 2011, the office premises of Companions on a Journey, an NGO working on HIV/AIDS prevention was searched by police and those present were questioned for several hours and intimidated. Prior to this incident, the group were attacked in a Sinhala newspaper, and accused of promoting homosexuality under the guise of HIV/AIDS prevention. The NGO has ceased to function as a result of the threats and harassment. In September 2009 human rights activists were questioned by CID regarding a statement they signed condemning death threats sent to the Centre for Policy Alternatives Executive Director Dr. Paikiasothy Saravanamuttu (see http://www.humanrights.asia/news/ahrc-news/AHRC-STM-196-2009/?searchterm=Dr. Paikiasothy Saravanamuttu). In a separate incident, Dr. Saravanamuttu himself had been questioned for several hours by the Criminal Investigation Department. In March 2012 Belgian and French independent filmmakers were questioned regarding their filming in north-western Sri Lanka and had their footage and equipment confiscated (http://english.sina.com/world/2012/0320/450493.html).  In January 2012, the military prevented a meeting of the Socialist Equity Party (SEP) in Jaffna after previously having detained two SEP members who were pasting posters at Gurunagar and demanded details of party members. The same soldiers had followed the party members after their release and organized a physical attack on them. The military has visited the homes of party members to further intimidate them (see http://www.socialequality.lk/content/sri-lanka-sep-open-letter-defence-minister). In June 2009 Chandana Sirimalwatte, editor of the ‘Lanka’ newspaper, and an editor of another Sinhalese daily, were interrogated by officers from the Colombo Crimes Division (CCD), in an attempt to force them to reveal their sources for articles on sensitive subjects (http://www.ifex.org/sri_lanka/2009/06/25/editors_questioned/).

 

[28] See Mediafreedom in Sri Lanka report for August-September 2010.