The Asian Human Rights Commission (AHRC) calls upon the Sri Lankan government to immediately release Mr Santha Fernando, secretary for justice and peace in the National Christian Council of Sri Lanka and long-time staff member of the international YMCA. Fernando is a well known personality in Sri Lanka, in the Christian community and among other religious groups involved in the promotion of justice among the less privilege sections of society. He is renowned for his compassion and his commitment to non-violent forms of social discourse throughout the country.
The AHRC supports the following action alert from Action by Churches Together (ACT) International. We reproduce the full text of the appeal issued by the ACT below.
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The executive secretary for justice and peace in the National Christian Council of Sri Lanka has been arrested by a government terrorism investigation unit.
Mr Santha Fernando was detained at Colombo’s international airport and taken in for questioning while he was on his way to a meeting in India. He has been held in detention for one week.
According to a report by the organisation, Media Freedom in Sri Lanka, the Ministry for Defence has issued a detention order for 30 days, to keep Mr Fernando in the Terrorism Investigation Division.
The National Christian Council of Sri Lanka (NCCSL) has requested that Sri Lankan President Mahinda Rajapaksa expedite the case, and the NCCSL general secretary, Dr Jeyasiri Peiris, has offered cooperation with the investigation. Dr Peiris has assured that Mr Fernando “is a person who is least likely to engage in any unlawful or separatist activity.” The general secretary will also be contacting the leadership of the Terrorism Investigation Division.
The NCCSL is a member of the global alliance, ACT International, which is engaged in humanitarian assistance in Sri Lanka.
Mr Fernando’s wife, family and others have visited him and will continue to do so. He has also been visited by a lawyer in the presence of the authorities. Dr Peiris reports that Mr Fernando is well and says, “We call for prayers for him and his wife and family and the process of investigations. We are appreciative of the various inquiries made about him and thank all for your concern and prayers.”
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Action by Churches Together (ACT) International is a global alliance of churches and related agencies working to save lives and support communities in emergencies worldwide.
Media contacts:
Tomm Kristiansen, Communications Officer (office: +41 22 791 6039 / mobile: +41 79 358 3171 / tkr@act-intl.org)
Sidney Traynham, Assistant Communications Officer (office: +41 22 791 6711 / mobile: +41 79 681 1868 / sjt@act-intl.org )
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Further comment by the Asian Human Rights Commission:
The Sri Lankan Supreme Court has laid down clear principles for arrest, even when those arrests are made under emergency regulations or anti-terrorism laws. As such the state must take responsibility for arrests and detentions on the basis of legal norms and desist from those that are completely arbitrary.
When B Sirisena Cooray was arrested in 1997 the Supreme Court of Sri Lanka lengthily examined the abuse of emergency regulations, as ordered by the secretary of the ministry of defence. Its judgment was an unmistakable expression of the law in Sri Lanka on this matter. It can be found at: http://www.alrc.net/doc/mainfile.php/478_97/
Restricting humanitarian space
Citizens have a moral and legal obligation to get involved with humanitarian problems in their countries and to help in whatever way they can; this is at the very root of human decency and social cohesion. The duty of the state, in turn, is to help them. At best a government should encourage participation and provide help where possible; at the very worst it should allow civilians the freedom and space to serve those in need. Anti-terrorism laws should not stifle or paralyze the humanitarian spirit, and where they do so, society must intervene.
Outlawing compassion
The last hope for a people in need lies in hearts and minds of those around them. When a state and international agencies cant or dont do enough, it can be the sympathy of neighbours that keeps people alive. When the tsunami struck Sri Lankans showed tireless energy reserves and an enormous capacity for good will, and as a result the suffering of thousands was at least partially lifted.
This instinct is precious, productive and something that should be both safeguarded and celebrated, especially in the face of tragedy. Any action taken by a state to suppress this is entirely arbitrary and lacks legitimacy. The future of our civilization relies on the space for compassion, a sentiment cherished by every world religion particularly Buddhism, which about 70% of Sri Lankans follow. A society that penalizes citizens who offer a glass of water or a piece of bread to others in dire need is a sick one indeed.
The arrest of Mr. Santha Fernando shows just how much the humanitarian space in Sri Lankan society has eroded. It is a clear attempt to divide the people and break the basic spirit of humanity between them. Such restrictions not only bring suffering to the innocent, but they paralyze a country as a whole. Once a society starts to fear the best of its instincts–the expression of natural kindness–it has reached a point of deep collective mental and psychological crisis.
The Asian Human Rights Commission therefore calls upon the government to immediately review the arrest and detention of humanitarian worker, Santha Fernando, and to take immediate steps to release him. We also call upon the government to appoint a credible authority to review every arrest and detention made under the anti-terrorism laws. It is painfully clear that this is needed to ensure that arrests are made within the legitimate framework of the law as interpreted by the Supreme Court of Sri Lanka, and that they conform to international norms and standards as laid out by the UN conventions on human rights that Sri Lanka has signed. We ask that all members of civil society, locally and internationally, express their deepest concern for the restriction on active compassion in Sri Lanka, on behalf of Santha Fernando and others whose hands are literally or figuratively bound.
