Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of the law student, who is under threat in Sri Lanka, that he has sent a letter to the Chief Justice of Sri Lanka, informing the court about the threat to his life. In the letter, the victim, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna, explains the nature of threats that he faces now, and further that he is forced to live in hiding.
UPDATED INFORMATION:
For a complete background of the case, please read: AHRC-UAC-002-2011, AHRC-STM-269-2010, AHRC-PRL-010-2011 and an audio interview available, here.
The following is the reproduction of the letter sent by the victim in the case to the Chief Justice of Sri Lanka.
Honorable Chief Justice,
Supreme Court Complex,
Colombo 12.
11th April 2011
Dear Sir,
Further Threats and Harassment Against Law Student – Thushara Jayarathne
My name is D.M. Thushara Jayarathne. I am a Sri Lankan national bearing National Identity Card No. 720692368V. I am a final year student at the Sri Lanka Law College, registered to sit for the final year examinations between October and December 2010. Further to my previous letter to your Lordship, on 15th December 2010, citing several irregularities relating to the final year examinations conducted by Sri Lanka Law College, I wish to bring to my Lords’ attention several further threats made against me following my complaint including an abduction and interrogation.
Following my complaint on 3rd December 2010, to the Keselwatta Police, regarding serious examination irregularities, the Principal, Law College, ordered me to appear before an internal inquiry on 11th January at the Law College premises. The Principal threatened that if I failed to appear and state reasons my allegations, legal action will be taken against me for making false allegations against Law College officials. I gave evidence before the inquiry panel on 11th December despite fears regarding my security. I was assured that further inquiry would be conducted and steps taken based on my evidence.
However I have not received any information regarding any such measures undertaken by Law College to date.
Ever since my complaint to the police on 3rd December, I have received continuous threatening calls on my mobile phone asking me to withdraw the complaint against Law College. Several calls were made from the Law College landline number which was recorded on my mobile phone. On 4th March 2011, I was abducted, at or around 11 am, by two unidentified men from a public bus stop in Colombo. The men took me to an undisclosed location and questioned me for several hours regarding my complaint against Law College and association with international human rights groups and the United Nations. I was finally released around 11 pm the same day.
I submitted complaints regarding threats faced and the abduction to the National Human Rights Commission (NHRC) and the Inspector General of Police by registered post but to my knowledge no action has been taken based on my complaints so far.
By its letter dated 3rd March 2011, the NHRC informed me that no further action would be taken regarding my complaint regarding exam irregularities at Sri Lanka Law College since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed me that it would take no further action based on my complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of my fundamental rights under the Constitution. However, I was visited by two uniformed police officers who recorded my statement and claimed to be acting on the NHRC complaint submitted by me. However, the officer refused to record my specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited my home and forced me to sign two documents which were written in English. I recognised one of the men as a person who visited my home and threatened me in March 2011. The men did not explain the contents of
the document to me and did not give me an opportunity to read the document. Since I was afraid for my life and safety I complied with their orders and signed the document under duress. I am not aware of the purpose of this visit and I am afraid that it might be an attempt to force me to withdraw the complaint against Law College. I wish to state that apart from my current complaint against the Law College, I have no other problems or conflict with any other individual or institution in Sri Lanka. Therefore I believe that the documents I was forced to sign, relate in some manner to the ongoing complaint against Law College.
My Lord, I wish to bring this incident to your attention as a means of protecting myself against any attempt to produce these documents before court and falsely represent that I had willingly consented to withdraw my complaints against the Law College and its officials. I fully intend to maintain my ongoing complaints regarding examination irregularities and the threats and harassment faced by me.
However, as a result of these threats and intimidation, I live in constant fear of a further attack and believe that I am no longer safe in my home. I am under tremendous pressure to withdraw the complaint against the Law College. As a result of these threats, I am compelled to leave my home immediately. I will be grateful if your Lordship could inquire into my case and communicate any decision by the Law College or the Legal Education Council to me by electronic communication.
I will be grateful if your Lordship will look upon my case with kindness and take steps to ensure my safety and security in Sri Lanka.
Thanking you,
Yours Sincerely
D.M. Thushara Jayarathne
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request an immediate investigation into the malpractice by the authorities of the Law College and the failure of the police to carry out any competent investigations. Please further request the Sri Lanka Police to provide protection for the threat to the life of Thushara and investigate and prosecute those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the IGP to carry out a special investigation into the malpractices of police officers who abuse their powers in favor of private parties.
The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard of United Nations on this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Law strudent’s case must be treated seriously by the government and the victim provided protection
Name of the Victim: Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda
Alleged perpetrators: Police officers attached to the Keselwatte Police Station
Date of incident: 3 December 2010
Place of incident: Sri Lanka Law College
I have received information that on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure.
He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident. On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but they refused to record his complaint. He then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39.
However, the inquiries that have taken place so far on the basis of his complaint appears to be in line with further threatening of Thushara. Thushara also filed a complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court the police are behaving in such fashion as if to endanger his life further.
For instance, I am informed that vide letter dated 3rd March 2011, the NHRC informed Thushara that no further action would be taken regarding his complaint regarding exam irregularities since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed Thushara that it would take no further action based on his complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of Thushara’s fundamental rights under the Constitution. However, two uniformed police officers who visited Thushara recorded his statement and claimed to be acting on the NHRC complaint submitted by Thushara. However, the officer refused to record Thushara’s specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited Thushara’s home and forced him to sign two documents which were written in English. Thushara recognised one of the men as a person who visited his home and threatened him in March 2011. The men did not explain the contents of the document to Thushara and did not give him an opportunity to read the document.
Since Thushara was afraid for his life and safety he complied with their orders and signed the document under duress. Thushara is not aware of the purpose of this visit and is afraid that it might be attempts to force him withdraw the complaint against Law College. I am informed that Thushara has written to the Supreme Court stating that apart from his complaint against the Law College, he has are no other problems or conflict with any other individual or institution in Sri Lanka.
Thushara now lives in hiding for fear of his life. It is believed that a the President’s son is sitting for the same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
Thushara strongly states that inaction of an official duty by a police officer should be prosecuted in court. It also constitutes a situation of the violation of fundamental rights guaranteed to him by the Constitution of the country.
I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the life of this student. I am also requesting that the police officers who ignored his complaint, obviously in favour of the suspect, should be investigated and if proven guilty punished under the law of the country.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya Inspector
General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
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)
