Asian Federation Against Involuntary Disappearances

Rms. 310-311 Philippine Social Science Center Building Commonwealth Avenue, Diliman, 1103 Quezon City Philippines Telefax: 00-632-4546759 Telephone Number 00-632-4907862 Mobile 00-63-9177924058 Email afad@surfshop.net.ph website www.afad-online.org

20 December 2011 OPEN LETTER HIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSE Office of the President, Temple Trees, 150, Galle Road, Colombo 3, Sri Lanka

His Excellency President Rajapakse, The Asian Federation Against Involuntary Disappearances (AFAD) recently received reports regarding the enforced disappearance of two human rights defenders, Mr. Lalith Kumar Weeraraja and Mr. Kugan Muruganandan. The above-mentioned persons were last seen leaving the residence of Mr. Muruganandan on Avarangal, Jaffna on a motorbike (license no NP GT 7852) on the 9th of December 2011 at 5:00 p.m. At the time they disappeared, they were organizing a press conference for the 10TH of December International Human Rights Day to project the protest action of the Movement for Peoples Struggle in Colombo on 13th December 2011. The families have not seen the two men since then. They were unofficially informed that both human rights defenders were kept in an unidentified detention facility in Jaffna district. By eleven in the evening of the 9th of December, the father of Mr. Weeraraja reportedly received phone calls threatening to kill Mr. Weeraraja and further stating either you remove your son from Jaffna or we will do it for you. The incident was lodged as a complaint under the Kosgama Police Station on the 11th of December 2011 (CIB 94/133). Mr. Weeraraja serves as the Executive Committee member of the organization, We Are Sri Lankans and the Jaffna Coordinator of the Jana Aragalaya (Peoples Struggle) movement while Mr. Muruganandan actively assisted Mr. Weeraraja in the conduct of his human rights work. Both defenders were campaigning against enforced disappearances, promotion of the rights of the internally displaced persons in the north and the release of political prisoners among others.

Prior to their disappearance, Mr. Weeraraja previously suffered from threats by the army and police regarding his work. In April 2011, Mr. Weeraraja and a colleague were arrested by the Vavuniya police and threatened to be shot while putting up posters about enforced disappearances in the North. On the 23rd of June 2011, he and another colleague were again abducted by officers of the Killinochchi army camp (Depo Junction) and were detained and interrogated in an abandoned ice-cream factory. On the 14th of November 2011, Mr. Weeraraja with other human rights defenders suffered from severe beatings by unidentified men during a protest with the families of the disappeared in Jaffna in front of the Jaffna town bus stand. The beatings happened in front of the military, who did not intervene and stop the attack. AFAD strongly condemns the disappearance of the Mr. Weeraraja and Mr. Muruganandan. The work of both human rights defenders is crucial in demanding justice for the victims of enforced disappearances of the Tamils in the North. The disappearance of Mr. Weeraraja and Mr. Muruganandan was clearly an act to suppress efforts to uncover the truth behind cases of disappearances in the past. The Federation demands for the Rajapaksa administration to: 1. Immediately intervene and investigate the disappearance of Mr. Lalith Kumar Weeraraj and Mr. Kugan Muruganandan particularly the allegations that government security forces are responsible for the act. The conduct of the investigations must lead to the disclosure of the whereabouts of the victims, the release of the victims from custody, the disclosure of the identity of the perpetrators including the grounds in which both human rights defenders were held. Specifically, the threatening phone calls received by Mr. Weerarajas father must be thoroughly investigated to establish leads to the whereabouts of the victims and the perpetrators; 2. The past harassments and threats to Mr. Weeraraja (April 2011 threats involving the posters of the disappeared, abduction and detention on the 23rd of June 2011 by officers of the army camp in Killinochchi, and the beatings on the 14th of November during the protest action by the families of the disappeared) must also be investigated with the erring officials sanctioned and brought before the court of law;

3. Ensure that an impartial investigation will be conducted, with the proceedings held with transparency. Information regarding the case must be made accessible to the families, other parties concerned and the public; 4. Ensure the protection of the families of Mr. Weeraraj and Mr. Muruganandan as well as other human rights defenders intervening with and on behalf of the victims in pursuing for legal remedies. The Federation urges the Government of Sri Lanka for the compliance to Article 3 of the Universal Declaration of Human Rights stating the right to life, liberty and security of person. The UN Declaration on the Protection of All Persons from Enforced Disappearance has emphasized enforced disappearance as an offense to human dignity and violates the

right to recognition as a person before the law, the right to liberty and security of the person and the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment,. The International Convention for the Protection of All Persons from
Enforced Disappearance (ICPAPED) under Article 1 subsequently reiterated the right not to be subjected to enforced disappearance and that no circumstances can be invoked to justify enforced disappearance. Enforced disappearance brings immense suffering both to the victim and their families. We trust that the Rajapaksa administration will recognize state obligations prescribed under the international human rights instruments particularly in ending enforced disappearance and the firm refusal to tolerate enforced disappearance. We trust that the Government of Sri Lanka will heed the plight of the family as they demand for the truth behind the disappearance of their loved ones, Mr. Weeraraja and Mr. Muruganandan, and the prosecution of perpetrators responsible for the assault to the dignity of both human rights defenders. We shall await the immediate intervention regarding the said case. Thank you. For the protection of human rights,

MARY AILEEN D. BACALSO Secretary-General

MUGIYANTO Chairperson

Copy furnished to: Mr. Mohan Peiris Attorney General, Attorney Generals Department, Colombo 12, Sri Lanka Ms. Chandra Ellawala Secretary, Human Rights Commission of Sri Lanka, 118, Barnes Place, Colombo 07, Sri Lanka Inspector General of Police (IGP) New Secretariat, Colombo 1, Sri Lanka National Police Commission 3rd Floor, Rotunda Towers, 109 Galle Road, Colombo 03, Sri Lanka Mr. Gotabhaya Rajapaksa Defence Secretary, Ministry Of Defence and Urban Development 15/5, Baladaksha Mawatha, Colombo 03, Sri Lanka Ms. Kshenuka Senewiratne Ambassador, Permanent Mission of Sri Lanka to the United Nations in Geneva Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations 56 rue De Moillebeau, 5th Floor, 1211 Geneva 19, Switzerland Dr. Palitha T.B.Kohona Ambassador & Permanent Representative of Sri Lanka to the United Nations in New York Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations #630, 3rd Avenue (20th Floor), New York, NY 10017 United States America Mr. Jeremy J. Sarkin Chairperson, UN Working Group on Enforced or Involuntary Disappearances (UN WGEID) c/o OHCHR-UNOG CH-1211 Geneva 10, Switzerland

Emmanuel Decaux Chairperson, UN Committee on Enforced Disappearance (CED) Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais Wilson - 52, rue des Pquis, CH-1201 Geneva, Switzerland Ms. Margaret Sekaggya Special Rapporteur on the Situation of Human Rights Defenders c/o Office of the High Commissioner for Human Rights Palais Wilson United Nations Office at Geneva CH 1211 Geneva 10, Switzerland Mr. Nawalage Bennet Cooray Ambassador of Sri Lanka to the Philippines 7th Floor G.C. Corporate Plaza Building, No. 150 Legaspi Street, Legaspi Village Makati City, Philippines