SRI LANKA: A diary of terror – 29th – 30th of January 2010 

Sri Lanka Human Rights Watch

(January 30, Colombo, Sri Lanka Guardian) Pregeeth Ekenaliyagoda, a senior journalist, political analyst and visual designer, attached to Lanka E-News, was abducted on the 24th of January and remains missing. His family and several media groups in Sri Lanka, as well as international media organizations have published the disappearance and requested inquiries. However, no credible inquiry has been undertaken by the government. The wife of the missing journalist made a complaint to the United Nations working group on disappearances yesterday through the Asian Human Rights Commission based in Hong Kong.

Given the repression unleashed on Lanka E-News, the general intimidation carried on against media and journalists in Sri Lanka, the previous abduction of Mr. Ekanaliyagoda in September 2009, it is strongly believed that the government itself is behind the abduction. Media organizations and human rights organizations continue to call for investigations and security for the missing journalist and his family. Further, the government policy of repressing journalists continues to be condemned.

The editor of Sunday Lanka newspaper, Chadana Sirimalwatha was arrested by the CID yesterday and is being detained. No specific charges have been revealed. A government spokesman, Minister Rajitha Senarathne, when questioned by the BBC Sinhala service stated that the arrest is related to investigations into certain statements published by the newspaper during the presidential election campaign. This newspaper belongs to the JVP, which was a partner organization in the joint opposition during the presidential election. The leader of the JVP has publicly complained that the Secretary of the Ministry of Defense has threatened him with assassination and also threatened to burn down his newspaper. This arrest, detention and threats on the newspaper are also seen as part of the repression of media, as well as of those who were part of the joint opposition during the election. The attack on the members of the joint opposition is partly seen as political revenge and also as part of a design to silence opponents in the forthcoming parliamentary elections, which were announced yesterday. The elections are officially due to be held before April this year, as the time period of the present parliament expires then.

An Unknown group of persons entered the premises of E News and when they left they have locked the gates of the premises. A complaint about this has been made to the Wedikada police.On the 29th yet another unknown group have parked three wheelers around the premises. One of the three wheelers bears no 213450..The editor of Enews have received 40 telephone calls on 29th night, threatening him with death.

Opposition candidate Sarath Fonseka’s election campaign premises were surrounded by over 200 STF officers . Office was searched and documents removed. A government spokesman, Minister Rajitha Senaratne, when questioned by the BBC Sinhala service stated that he was unable to tell reasons for the search but thought it may be due allegations of a plot to kill president. Fonseka complained that his security persons were reduced to four police officers and that his life has been exposed to threats.

Wimal Weerawamsa , a government mouth piece , called on the president to arrest Retired General Fonseka. Chief of General staff of armed forced was removed and replace with another officer, said to be more loyal to the president.

UNP spokesman told media that they rejected the election result and a massive computer fraud has in fact taken place. Opposition leader questioned as what has happened to the election commissioner.

State media continued to carry on a provocative campaign against opposition.

The diary of terror – 30th January 2010

(January 31, Colombo, Sri Lanka Guardian) The premises at Delkanda, Nugegoda, of the Lanka newspaper published by the JVP was sealed off by a group of officers from the CID yesterday. The editor, Chandana Sirimalwatha, who has been arrested previously and is still in detention, was brought to the premises and the sealing off took place in his presence. All the employees were told to take any of their personal belongings and then forced to leave the premises. The JVP was one of the political parties of the joint opposition which participated in the last presidential elections as a coalition. Their common candidate was Gen. (Ret.) Sarath Fonseka, who the joint opposition claims has won the election, and has been deprived of the victory by fraudulence.

This newspaper is published in the Sinhala language and is known for its bias towards the poor and the marginalized groups in Sri Lanka. With the weakening of the one time powerful labour parties of Sri Lanka (the Lanka Samasamaja Party and the Sri Lanka Communist Party), the JVP emerged as the most popular leftist party in Sri Lanka, representing the workers and poorer sections of society. Twice in its history the JVP has been subjected to extreme forms of repression and literally tens of thousands of young people, mainly from the marginalized groups of Sri Lanka, have been killed in these repressions. The closure of the newspaper and the threat to the leader of the JVP, Somawansa Amarasinghe, by the Secretary of Defense a few days back may be a sign of another turn of repression against this political group.

The government is now preparing for the parliamentary elections, which are due in April this year. The closure of the newspaper is seen by the opposition as an attempt to weaken the JVP in the coming elections. The government’s declared aim is to acquire the votes of persons who have voted for the opposition during the presidential election for the government in the parliamentary elections. The closure of the Sinhala newspaper will contribute to the deprivation of information, especially to the marginalized groups, during the elections.

Disappearances

Pregeeth Ekanaliyagoda, who was abducted on the 24th of January, remains missing. For details, see the diary note yesterday. The causing of disappearances has been a marked feature of repression in Sri Lanka in recent decades. Previous elections in Sri Lanka have been accompanied by waves of disappearances, particularly at times when the ruling political group faces difficulties in the elections. The highest rates of disappearances in recent years was between 1988 and 1991 when the then ruling regime of President Premadasa was in serious crisis. The highest rates of disappearances were around the days of the elections. Disappearances are used to intimidate the political parties as well as the voters of the opposition. According to the Commissions on Forced Disappearances, a large number of disappearances during 1988 – 1991 were members of the Sri Lanka Freedom Party, which was the main opposition party at the time. A feature of such disappearances was the exhibition of dead bodies in the roads and the rivers as a method of causing widespread fear. This method was called the Human Broiler Project.

In causing disappearances, intelligence services, the military, the military police and paramilitary groups have been used. Despite enormous numbers of disappearances on record from the south, north and east, the Sri Lankan government has consistently refused to become a signatory to the United Nations Convention against Forced Disappearances and to have disappearances declared as an offence. Despite the presence of significant evidence of causing disappearances against many security officers and politicians, subsequent governments have refused to prosecute the offenders.

A recent study (soon to be published) conducted by two independent experts into 880 cases of habeas corpus which have come before courts in Sri Lanka clearly demonstrates that the writ of habeas corpus has become a very ineffective legal remedy due to many defects of its implementation. Most cases have been dismissed by courts on very flimsy grounds. Thus, even in cases of disappearances, such as in the case of Pregeeth Ekanaliyagoda, there is hardly any legal remedy available for persons who face such problems.

Provocative use of media against opposition

The media continued to be used provocatively against dissent and against the joint opposition. Television channels and Government radio continued to air interviews with senior government officers who spoke about a plot hatched by the joint opposition candidate, Gen. (Ret.) Sarath Fonseka, to assassinate the president and his family. The denials by the General, who stated that it’s only stupid people who would make conspiracies to assassinate a president from a hotel near the president’s house, was not mentioned in the interviews aired by the Government channels.

The government propaganda on this matter is seen as an attempt to manipulate public opinion to create an impression of an attempt by the opposition to generate violence, with the view to justify government repression of the opposition. A raid was conducted into the office used by the opposition for the presidential election, and it was publicized as an attempt to find explosives kept on the premises. The opposition spokesman revealed that the raid was conducted without a warrant. About 200 officers participated in this raid. When asked about the legal basis for the raid without a warrant, the officer in charge of the raid stated to lawyers of the opposition that it was conducted under prevention of terrorism laws. The abuse of the prevention of terrorism laws to conduct raids relating to elections was clearly abuse of legal process. At the end of the raid, when questioned by the opposition, the raiders stated that they found nothing illegal kept in the premises. The sole purpose of the raid was to create a public impression against the opposition and its election candidate as being engaged in violence as a ploy to justify arrest and other acts of repression by the government itself.

The activities of repression have created an atmosphere of fear and terror and many persons who have participated in the political process during the election campaign fear that they will be targeted for arrest and other forms of repression at any time.

Possible repetition of the Naxalite Conspiracy of 1982

A report from the Sunday Times ( 31/01/2010)on the imminent arrest of Sarath Fonseka:

Alleged plot to kill President and overthrow government

The arrest of retired General Sarath Fonseka any time now became imminent yesterday as a team of Criminal Investigations Department (CID) detectives probed an alleged attempt to overthrow the Government and assassinate President Mahinda Rajapaksa. The Department of Immigration and Emigration has been instructed not to allow Gen. Fonseka, his son-in-law Danuna Tillekeratne and a few others including retired Army officers to leave Sri Lanka. Instructions have gone out to officials at the Bandaranaike International Airport where security has been beefed up with more Air Force personnel.(Read More)

A similar plot, popularly known as the Naxalite Conspiracy, was hatched by President JR Jayawardene in 1982 after the presidential election, alleging that Vijaya Kumaranatunge, a strong supporter of the opposition presidential candidate, as engaged in a conspiracy to assassinate president Jayawardene if the opposition won the presidential election. On this basis, Vijaya Kumaranatunge was arrested and kept in detention. It is known as a totally fabricated attempt to silence Vijaya Kumaranatunge during the referendum because of his support for the opposition.

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Document Type : Forwarded Statement
Document ID : AHRC-FST-007-2010
Countries : Sri Lanka,