SRI LANKA: Families of Disappeared urge Government to end white van abductions

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-055-2016
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about several white van abductions reported in several parts of Sri Lanka during the year 2016. We have observed that several thousands of people disappeared in the last few decades, and none of the victims of disappearances have yet received justice. Even after the cessation of the armed conflict, there were hundreds of reported incidents where white vans driven by state or non state armed groups engaged in abducting of citizens, who were later reported tortured and mostly disappeared. These cases illustrate the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

The Asian Human Rights Commission (AHRC) has learned that Members of Families of the Disappeared, a collective of family members of missing persons in Sri Lanka, on 10 May 2016, have handed over petitions to the United Nations Office, the British High Commission and the Prime Minister’s Office, demanding an end to ‘white van’ abductions.

According to media reports, there were several recently reported abductions using white vans in several places in Sri Lanka. These “white van abductions” were incidents in which unidentified persons driving a “Dolphin” type van abducted individuals off the streets, in broad daylight.

Following are the details of white van abductions reported so far:

• Mr. Kanathippillai Sivamoorthy was reportedly abducted by a white van in Jaffna on 26 April 2016.

• Rehabilitated youth named Mr. Ram was abducted by a white van in Thirukkovil Police Division on 24 April 2016. Ram’s wife made a complaint on the very same day to the Thirukkovil Police Station regarding the incident, to which the police announced that the Terrorist Investigation Division (TID) has arrested him.

• Another Tamil national was reportedly abducted by a white van from his home in Jaffna on April 10.

Mr. S Sivakaran, the leader of the youth wing of Illankai Tamil Arasu Kachchi (ITAK), the largest political party within the Tamil National Alliance (TNA) in Sri Lanka was abducted.

• Another 11 people have so far been abducted in Jaffna. Later police justified these abductions as arrests connected to the discovery of explosives in the Jaffna suburb of Chavakachcheri.

• Another man was abducted at close distance to the Regional Office of Sri Lanka Human Rights Commission at Thrincomalee early this month. 

The police have admitted to arresting these persons and detaining them at the Terrorist Investigation Department (TID).

The “white van” occupies a particular place in the Sri Lankan psyche. It was the method of choice for gangs linked to the military to snatch human rights defenders and political adversaries off the streets. Most victims disappeared forever, although some were detained and tortured before being released.

To this day, Sri Lanka ranks second in the world for enforced disappearances according to the UN working group on the subject, and was joint first for new cases in 2015. If, as these latest reports suggest, the Sri Lankan Police are once again using abductions as a means of arrest, then this raises serious concerns regarding due process and arbitrary detention. Indeed, it is hard to think of any reason for the TID to behave in this way unless it is to perpetuate the climate of fear that still grips northern and eastern Sri Lanka.

Any incident in which a person is abducted or disappeared should be investigated promptly, efficiently and without delay. However, in this instance the state has not shown any interest in investigating the abduction and disappearances, or bringing the responsible perpetrators before the court. The State should adopt an effective mechanism to record the complaints of such cases and take effective measures to stop such white van abductions and enforced disappearances.

ADDITIONAL COMMENTS:

In January 2016, the International Truth and Justice Project (ITJP) released a 44 page report on the white van abductions, with the head of the ITJP Yasmin Sooka saying, “Sadly, Sri Lanka’s notorious ‘white vans’ are still operating; it’s very much business as usual.” She further stressed that “This demonstrates there can be no accountability without urgent security sector reform that leads to the dismantling of the state’s machinery of repression”.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this urgent situation and requesting an immediate investigation into the allegations of abductions and enforced disappearances. Those proven to be responsible should be prosecuted under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders issued by the police department.

The AHRC will also write a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions in this regard. 

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Victims of Disappeared urge state authorities to take effective and meaningful measures to end ‘white van abductions’

Name of Victim: Family members of the disappeared in Sri Lanka 
Alleged perpetrators: Law enforcement authorities of Sri Lanka 
Date of incident: Nearly during the past 10 years 
Place of incident: Several police divisions in Sri Lanka

According to the information I have received, that Members of Families of the Disappeared, a collective of family members of missing persons in Sri Lanka, on 10 May 2016, have handed over petitions to the United Nations Office, the British High Commission and the Prime Minister’s Office, demanding an end to ‘white van’ abductions.

According to media reports, there were several recently reported abductions using white vans in several places in Sri Lanka. These “white van abductions” were incidents in which unidentified persons driving a “Dolphin” type van abducted individuals off the streets, in broad daylight.

Following are the details of white van abductions reported so far:

• Mr. Kanathippillai Sivamoorthy was reportedly abducted by a white van in Jaffna on 26 April 2016.

• Rehabilitated youth named Mr. Ram was abducted by a white van in Thirukkovil Police Division on 24 April 2016. Ram’s wife made a complaint on the very same day to the Thirukkovil Police Station regarding the incident, to which the police announced that the Terrorist Investigation Division (TID) has arrested him.

• Another Tamil national was reportedly abducted by a white van from his home in Jaffna on April 10.

• Mr. S Sivakaran, the leader of the youth wing of Illankai Tamil Arasu Kachchi (ITAK), the largest political party within the Tamil National Alliance (TNA) in Sri Lanka was abducted.

• Another 11 people have so far been abducted in Jaffna. Later police justified these abductions as arrests connected to the discovery of explosives in the Jaffna suburb of Chavakachcheri.

• Another man was abducted at close distance to the Regional Office of Sri Lanka Human Rights Commission at Thrincomalee early this month. 

The police have admitted to arresting these persons and detaining them at the Terrorist Investigation Department (TID).

The “white van” occupies a particular place in the Sri Lankan psyche. It was the method of choice for gangs linked to the military to snatch human rights defenders and political adversaries off the streets. Most victims disappeared forever, although some were detained and tortured before being released.

To this day, Sri Lanka ranks second in the world for enforced disappearances according to the UN working group on the subject, and was joint first for new cases in 2015. If, as these latest reports suggest, the Sri Lankan Police are once again using abductions as a means of arrest, then this raises serious concerns regarding due process and arbitrary detention. Indeed, it is hard to think of any reason for the TID to behave in this way unless it is to perpetuate the climate of fear that still grips northern and eastern Sri Lanka.

Any incident in which a person is abducted or disappeared should be investigated promptly, efficiently and without delay. However, in this instance the state has not shown any interest in investigating the abduction and disappearances, or bringing the responsible perpetrators before the court. The State should adopt an effective mechanism to record the complaints of such cases and take effective measures to stop such white van abductions and enforced disappearances. 
I request the intervention of your good offices to ensure that the authorities listed below instigate an immediate investigation into the allegations of the abductions and enforced disappearances of the victims.

Yours sincerely,

——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
National Police Commission 
3rd Floor, Rotunda Towers 
109 Galle Road 
Colombo 03 
SRI LANKA 
Tel: +94 11 2 395310 
Fax: +94 11 2 395867 
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary 
Human Rights Commission 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-055-2016
Countries : Sri Lanka,