As protests were being planned by the railway workers and local and international protests were being staged regarding the three persons who had been abducted on February 5 (please see our statement SRI LANKA: Abductions and disappearances spread into trade union sector – http://www.ahrchk.net/statements/mainfile.php/2006statements/917/) the government released a CD in which two of the arrested persons, Lalith Senaviratne and Nihal Serasinghe are supposed to have confessed to being associated with the LTTE, of having received arms training from that group and having engaged in some terrorist acts.
This CD, coming within two days of the arrest has raised many questions about the manner in which the recording was obtained. The three arrestees have not been shown to their families and none of their relatives have had an occasion to talk to them prior to the release of this CD. Furthermore, no lawyer has had an opportunity to meet with the arrestees or talk to them.
A senior human rights officer talking to the BBC Sinhala from the Human Rights Commission of Sri Lanka (HRCSL) stated that the manner of arrest was not legal. The persons who abducted these three arrestees did not reveal their identities at the time of the arrests nor did they inform them the reason for arrests or give any information to the families. Initially the military denied knowledge of the arrests. Apart from this the regulation that any arresting authority should inform the HRCSL within 48 hours of any arrest being made was also not followed in this instance.
In the statement published by the AHRC yesterday we stated that:
“The government should demonstrate its willingness and capacity to stop these abductions and disappearances by the reinstituting the task force with the capacity and special powers to pursue all complaints of abductions and disappearances, including the right to visit any place where persons are alleged to be detained. The government should also issue instructions which should be supervised and enforced by the Inspector General of Police and the National Police Commission that in all instances of arrest certificates of such arrest with the necessary details should be issued. The Human Rights Commission should alert all its sub offices to open a 24 hours service for receiving and dealing with the complaints including a special arrangement to alert the government on this issue. We also urge the United Nations Commissioner on Human Rights to alert her office in Colombo to evolve means for diplomatic and other interventions on all cases of complaints of abductions and disappearances.”
The AHRC urges the government and the authorities that are holding the three persons to give them access to their families and also to provide legal assistance. The arrestees also have a right to a medical examination. Given the fact that the authorities are relying on confessional statements early access to doctors would be required, even for the purpose of establishing the voluntary nature of the statements that they are alleged to have made. If the statements are indeed voluntary then there should be no hesitation on the part of the holding authorities to present these men before a Judicial Medical Officer. As the three persons are known to have been involved as trade union activists and media persons, the organisations they represent also have the right to visit them and ascertain their conditions. The HRCSL and the United Nations Human Rights Commissioner’s office in Colombo also need to visit these persons.
The allegations that they were engaged in activities in favour of the LTTE can endanger the lives of their families. At the moment the nationalist sentiments have been aroused by the media and right wing elements and any person accused of having connections with the “enemy” can be a target of attack. The AHRC has learned, for example that some innocent fishermen were recently (January 27, 2007) attacked on the mistaken belief that they were using LTTE boats to attack Colombo Harbour, while in fact they were engaged in normal fishing many miles away from the restricted areas. The families have now suffered when some people began to accuse them of supporting terrorists. Some of their children have had difficulties in attending schools due to such accusations.
A statement published in the media also shows some attempt to connect these three men to a conspiracy alleged to be organized by some groups to carry out attacks in the south on behalf of the LTTE. If there is any basis for such talk proper action should be taken to inform the public of the actual situation. However, if such rumours have no basis then the government is under obligation to stop their spread as they can lead to serious damage to lives and property. Happenings of this nature are not rare in Sri Lanka.
Meanwhile a leading politician in the country and a minister in the present government, Mr. Anura Bandaraniake, made a public statement on February 7th of having received death threats throughout the day. He is quoted as saying “I received calls throughout the day. All calls are from one place and they are saying the same thing. They said that they will abduct those who work against the president and that they even did so last night. I was told that Mangala [reference is to Mangala Samaraweera who is also a minister in the present government but who has expressed dissent with the president in some public statements] and I will be hanged in Matale and Gampaha on lampposts.” (Lankanews February 7, 2007).
It has also been reported in some papers that a TV network which quoted excerpts from Mr. Bandaraniake’s statement had been questioned by the police. An inquiry into the minister’s complaint is reported to be taking place.
It is regrettable to note that the present situation indicates a serious build up of tensions that can lead to an escalation of violence. Both the government and the opposition must ensure that this situation is brought under control and not allowed to escalate. It is also the duty of local and international human rights groups and others to take appropriate action to ensure peace and respect for human rights. Yesterday, February 7, the Asian Human Rights Commission wrote to Louise Arbour, the United Nations Commissioner of Human Rights alerting her to the present situation.
