SRI LANKA: Death threats aimed at activist fighting against the Welikada prison assassinations

Dear Friends,

The Asian Human Rights Commission has received reliable information regarding death threats aimed at the human rights activist, Mr. Sudesh Nandimal Silva who is fighting for the rights of the victims of the Welikada Prison Assassinations, which took placed on 9th and 10th of November 2012. Sudesh is a member of the Association of the Protection of the Prisoners’ Rights in Sri Lanka. Sudesh is one of the key witness to the incident. He was a detainee inside the Welikada Prison, when the incident took place. After his release, he started to play a pivotal role in demanding for an investigation and to obtain justice to the all victims who were killed that day. On 2nd February 2015, Sudesh made a complaint to the Criminal Investigation Department (CID) against the attack on the prisoners.

On 11th July 2017 at around 8:45 p.m. he received a telephone call which warned him to stop legal action he initiated and the protests, demanding justice to the Welikada prisoners who were shot down during the incident. The anonymous caller had further threatened that if he continued his efforts in pursuing justice, he would be killed. Despite threats, Sudesh promptly made a complaint to the Tissamaharama Police Station and to the CID at the police headquarters. Investigations have not yet being initiated. Sudesh demands protection of his life.

Case Narrative:

The Asian Human Rights Commission has received reliable information regarding death threats levelled at human rights defender Sudesh Nandimal Silva, whose permanent residence is at Tissamaharama Police Division in the Hambantota District. He is a member of the Association for the Protection of the Prisoner’s Rights in Sri Lanka. Sudesh was a detainee at the Welikada Prison when the Welikada Prisoners were assassinated on 9th and 10th November 2012. He is one of the eyewitnesses to the incident who saw how the 27 prisoners were cold bloodedly killed.

The Welikada Prison on Baseline Road, Borella in Colombo District, is the largest prion in the country housing the largest number of convicted and remanded prisoners. On 9th and 10th November 2012, there was a dispute between several prisoners and the several jailors at the prison. Responding to this incident, prison authorities had called the Special Task Force (STF) and the Police Force into the prison compound to respond to quell the riot. The officers of the STF and the police department surrounded the prison and used live bullets to control the situation. Finally, 27 detainees were killed and several others were injured. There were several casualties among the officers as well.

The detainees and their relatives along with concerned people locally and internationally raised their voices against the way the authorities behave in the incident and demanded prompt, independent, impartial and efficient investigation into the incident.

During the whole process the STF and the Police officers were directed, guided and the monitored directly by the senior officers and the authorities of the state. 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 victims who lost their lives and who were injured. The involvement of the senior officers and the authorities prevented and delayed the whole process of providing the justice to the victims and restricted the whole process of initiating any successful and transparent investigation into the incident.

Sudesh as member of the Association of the Protection of the Prisoners’ Rights in Sri Lanka played a pivotal role in leading the movement, which demanded independent investigation and justice for the victim. Senaka played a pivotal role in organizing protest and participating the movements, which continuously demanded to the investigation and justice against the assassinations.

Sudesh after being releasing from the prison, made a written complaint to the Criminal Investigation Department on 2nd February 2015. His complaint was recorded by the officers with the reference No: CID/ 02/ 2015. Sudesh is one of the key witnesses of the incident.

On 11th July 2017, at around 8:45 p.m. while Sudesh was at his home in Tissamaharamaya he received a telephone call. The caller did not reveal his identity and threatened Sudesh waring him to stop the legal actions and the other protests relating to the Welikada Assassinations, otherwise he will be killed.

Immediately next morning on 12 July, Sudesh went to the Tissamaharama Police Station and made a complaint to the officers on duty. His complaint was recorded with the reference No: CIB/ii/298/111.

Sudesh demanded police to initiate an independent and impartial investigation into the incident and requested necessary protection for his life and his family members. He urged the authorities to provide necessary measures to provide protection to his activities as a human rights defender. 
Sudesh stated that to date the police have not yet taken any action to investigate his complaints. Due to threatening and miss handling by police, presently he is frightened and seriously concerned for the safety of his personnel security. As the authorities have made no effort to investigate this incident he appeals for protection for himself and demand 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 the human rights defender by an unknown caller and the prosecution of those proven to be responsible under the criminal law of the country. Further, please also request the Inspector General of Police (IGP) to have a special investigation into the incident and provide special protection to the human rights defender, presently who is in fear of his life. The authorities including the IGP must take all the measures to provide necessary protection to his live and human rights promotion and protection 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.

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