SRI LANKA: The life of a lawyer under threat, for fighting against the assassinations at the Welikada Prison

Dear Friends,

Asian Human Rights Commission has received reliable information regarding death threats received by the Chariman of the Committee for the Protection of Rights of Prisoners – Mr. Senaka De Silva. Mr. De Silva is an Attorney-at-Law by profession and is playing a pivotal role in the protection of human rights of the prisoners and is a senior human rights advocate. On 11th July 2017 at around 7:30 p.m. he received a telephone call warning him to stop all his legal activities and protests demanding justice for the prisoners who were assassinated during the Welikada prison riots. He was further threatened, that if he continued to appear for the rights of these prisoners “he will be killed”. Senaka has lodged a complaint with the Nittambuwa Police Station and Sri Lanka Bar Association. No investigation has yet been initiated in this regard. Mr. Senaka demands protection of his life and for his professional activities.

Case Narrative:

Asian Human Rights Commission has received updated information regarding death threats received to the Chariman of the Committee for the Protection of Rights of Prisoners, Mr. Senaka De Silva. Senaka is a Attorney-at-law of the Supreme Court of Sri Lanka. He is a senior lawyer who has a law practice in the Supreme Court, Court of Appeal and the other courts in Sri Lanka. He specialises in appearing for the victims of human rights violations and has a longstanding practice and a proven track record in defending human rights. He played a pivotal role in protecting the independence of judiciary of Sri Lanka.Tendering his services to the civil society organizations on Pro Bono Service in order to provide the services to innocent victims of human rights violatios he maintained a well establised legal practice for over 18 years.

At the Welikada Prison in Borella in the Colombo District, 27 prisoners were assasinated within the prison compound, throughout the series of incidents that took place on 9th and 10th of November 2012. The prison authorities called the Special Task Force (STF) and the Police Force into the prison compound to respond to this incident that happened between the several prison offcials and the detainees. The officers of the STF and the police department surrounded the the prison and used live fire to control the situaiton. Finally 27 detainees were killed and several otheres were injured. There were several casualties among the officers as well.

The detainees and their relatives along with other concerned people locally and internationally raised their voices agains the way the athorities behaved on that day in quelling the riots and demanded prompt, independent, impartial and an efficient investigation into the incident.

During the entire process the STF and the Police officers were directed, guided and the monitored directly by the higher authorities and the law and order aparatus of the goverment. Therefore, it was very clear that the senior officers of the police department, prison department, STF and the Ministry of Defence (MOD) were directly responsible for the lives of the deceased and for the violation of their rights as detainees. This situaiton prevented providing justice to the victims and restricted the entire process of initiating any sucessfull and transparent investigaiton into the incident.

Senaka as the Chairman of Committee for the Protection of Rights of Prisoners in Sri Lanka played a pivotal role in leading the movement which demanded independent investigaiton and justice for the victims of the assasintion at the Welikada Prison. He finally filed a Writ Application before the Court of Appeal of Sri Lanka demanding a Writ Order agaisnt the law enfocement agencies and the authorities of the State to investigate the incident and prosecute the responsible officers and deliver justice to the victims. His case was registered before the court bearing reference: CA/WRIT/NO:130/2017.

In this case, in the Petition, Senaka and the team of lawyers who appeared for the victims, named the key responsible officers for the incident, the Criminal Investigaiton Department (CID), and the Attorney Generel as Respondents for failinig to provide justice to the vicitms.

Senaka played a main role as the lawyer who was handling the case. He filed the case even as his instruction attorneys – knowing well the imminent threats the case may pose – advised him otherwise. His organization too played a leading role in continualy organizing the protest in the capital Colombo, and elsewhere demanding justice against this horrific incident – where escaping prisoners were killed en masse.

On 11th July 2017, at 7:30 p.m. while Senaka was at his home he received a telephone call on his mobile phone. The caller did not reveal his identity. Then the caller threatened Senaka warning him to stop the legal actions and the other protests relating to the Welikada assassinations, otherwise “he will be killed”.

Immediately, Senaka lodged a complaint at the Nittambuwa Police Station and made a complaint to the officers on duty. His complaint was recorded at 8:30 p.m. just one hour after he received the call the reference bearing No: CIB/iii/54/187.

Further to the police complaint, today, on 14th July 2017 , Senaka as an Attorney-at-Law of the Supreme Court, also registered a complained at the Sri Lanka Bar Association against the death threats and harassments to his professional conduct as a lawyers. He demanded an independent and impartial investigation in to the incident and demanded necessary protection for his life and his family members.

Senaka stated that till now, the police have not taken any action whatsoever, to investigate his complaints.

Due to the callous disregard by the police to initiate an investigation into his complaints, he is in fear of his life, concerned for the safety of his family. As the authorities have made no effort to investigate this incident he appeals to the public and the Government to secure his life and demands justice for the abuse of his fundamental rights.

Suggested Action:

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of abusing of attorney at law by unknown caller and the prosecution of those proven to be responsible under the criminal law of the country. Further, please also request the IGP to have a special investigation into the incident and provide special protection to the lawyer presently who is in fear of his life. The authorities including the IGP must take all the measures to provide necessary protection to his professional activities. 

Please note that the AHRC is also written a separate letter to the Special Rapporteur on the Situation of Human Rights Defenders in this regard, and on the independence of judges and lawyers.

To support this case, please click here: SEND APPEAL LETTER