Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the life of a journalist who has been twice arrested, tortured and remanded on tenuous charges, is in danger. Senake Ekanayake has complained to the National Human Rights Commission, the National Police Commission, the President and the Inspector General of Police about his illegal arrest and torture by the Kalpitya Police, and his illegal arrest by the Galkiriyagama Police. He has started to receive death threats both anonymously and from police officers, and men in a white van have called late at night at his house a number of times to ask for him. The victim is receiving no protection, and is in hiding.
UPDATED INFORMATION:
Last year the AHRC issued details on the case of Mahanuwara Rajawasala Ratnayaka Mahanilamelage Isiwara Senaka Ekanayake, a journalist who was arrested while trying to investigate a case implicating a senior police officer, then severely beaten, tortured and eventually robbed by officer’s drunken colleagues (UAC-007-2008 and UAU-037-2008). Since his release on bail in December 2007, Senaka Ekanayake has reported continual harassment from police officers while having to appear to the courts each month for framed charges. According to our sources the harassment reached a crescendo in late 2008 when he was arrested on more false charges by Galkiriyagama Police, on suspicion in relation to a political assassination (Kekirawa Magistrate’s Court, case BR644/08). He was kept in remand in Anurandhapura prison and released on bail just one month ago.
To protest both the false charges and his torture in custody which left him with numerous injuries and without three of his teeth the journalist has been seeking redress from the National Human Rights Commission (complaint HRD341/08, and a second letter 18/09/09)), the National Police Commission (in letters dated 24/01/08 and 29/05/09) and from the President (29/04/09, replied to by the President’s assistant). Various letters have come back to him from the recipients, assuring him that inquiries are being made, but none have materialized. Instead of finding remedy the victim has been forced into hiding between court appearances. Death threats have been reaching him by phone and at home in Monaragala.
ADDITIONAL COMMENTS:
As a journalist Senaka Ekanayake knows that his fears are well founded. His peers are threatened, intimidated, kidnapped, beaten and even assassinated in events that appear increasingly state sanctioned, as the AHRC has noted in various past statements and appeals, such as: ‘Journalist attacked a civil society organisation threatened and a provocative campaign against freedom of expression continues’ and ‘The law is a dangerous thing’.
As a person taking a case against the police, he in even graver danger. Sri Lankans such as Gerald Perera and Sugath Nishanta Fernando have been assassinated in recent years for following through with cases against officers, despite threats, intimidation and bribery. With no witness protection bill and a police system widely considered to be mired in corruption, the state can offer little hope or security for such men, or the protection of their right to a fair trial.
Under both domestic and international law the government of Sri Lanka is responsible for securing the safety of Mahanuwara Rajawasala Ratnayaka Mahanilamelage Isiwara Senaka Ekanayake while his cases are underway, ensuring that his trial is fair and that his complaints are adequately filed and investigated. The officers charged with his false arrest and torture should be interdicted, according to the establishment code (for all state offices) and departmental orders (for police). Should their illegal conduct be proven they must be charged accordingly, and the victim provided with compensation and all necessary protection. The National Human Rights Commission and the National Police Commission should also be actively exercising their mandates to ensure all of the above.
SUGGESTED ACTION:
Please write to the authorities below, asking for them to thoroughly investigate the threats being made against Senaka Ekanayake, while providing him with protection, and to ensure a fair trial for him regarding the current charges he faces.
Please be informed that the AHRC has sent a letter to the UN Special Rapporteur on the Question of Torture and on the promotion and protection of the right to freedom of opinion and expression requesting intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A journalist is receiving death threats from police after his torture and arrest on false charges
Name of victim: Mahanuwara Rajawasala Ratnayaka Mahanilamelage Isiwara Senaka Ekanayake (usually known as ‘Senaka Ekanayake’); journalist; former editor of SATANA.
Names of alleged perpetrators:
1. Officer-in-Charge (OIC) Lakshman Ranwalarachchi
2. Sub Inspector Arawin
3. Police Constable Sunil (no. 12601)
4. Police Constable Dhammika (no. 33446)
5. Sergeant Indunil (no. 24011)
All staff at Kalpitiya police station in 2008
6. Officer Prasanna Walikala
7. Sub Inspector Wanasingha
Both of the Galkiriyagama Police station, and alleged to have fabricated a set of charges, along with other officers.
Place of incident: Kalpitiya police station, Wanathawilluwa Dist. Chilaw Division, North Western Range; Galkiriyagama Police Station, Anuradhapura district, North Central Range; Anuradhapura remand prison; and the victim’s neighbourhood, Monaragala.
Date of incident: From 24 March 2007 until the present
I am writing to voice my deep concern regarding death threats being made by police officers against a journalist, who has been twice arrested, tortured and remanded on tenuous charges, and is complaining accordingly. I hear that lately men in a white van have been calling late at night at his house to ask for him, yet the victim is receiving no state protection and is in hiding.
Senaka Ekanayake is seeking redress for his illegal arrest and torture by the allegedly drunken colleagues of Kalapitya OIC, Mr. Lakshman Ranwalarachchi (whom the journalist was investigating in 2007), and for almost a year in remand for falsely laid charges by the Galkiriyagama Police. He has reported continual harassment from police officers since his first release on bail in December 2007.
To protest both the false charges and his torture in custody which left him with numerous injuries and without three of his teeth Senaka Ekanayake has been seeking redress from the National Human Rights Commission (complaint HRD341/08, and a second letter 18/09/09)), the National Police Commission (in letters dated 24/01/08 and 29/05/09), to the President (29/04/09, replied to by the President’s assistant). Various letters have come back to him from the recipients, assuring him that inquiries are being made, but none have materialized. Instead of finding remedy I hear that the victim has been forced into hiding between court appearances. Death threats have been reaching him by phone and at home in Monaragala.
As a journalist Senaka Ekanayake knows that his fears are well founded. His peers are threatened, intimidated, kidnapped, beaten and even assassinated in incidents that appear increasingly state sanctioned. As someone fighting police corruption, he in even graver danger. Sri Lankans such as Gerald Perera and Sugath Nishanta Fernando have been assassinated in recent years for following through with cases against officers, despite threats, intimidation and bribery, yet Sri Lankans such as these are simply requesting their legal rights.
I would like to remind you that under both domestic and international law the government of Sri Lanka is responsible for securing the safety of of Mahanuwara Rajawasala Ratnayaka Mahanilamelage Isiwara Senaka Ekanayake while his cases are underway, ensuring that his trial is fair and that his complaints are adequately filed and investigated. The officers charged with his false arrest and torture should be temporarily removed from service, according to the procedural code. Should their illegal conduct be proven they must be charged accordingly, and the victim provided with compensation and all necessary protection. The National Human Rights Commission and the National Police Commission should also be exercising their mandates to ensure all of the above.
I look forward to hearing of your action in this case
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
President Mahinda Rajapaksa
Presidential Secretariat
Colombo 1
Sri Lanka
Fax: +94 11 2446657
Mr. Jayantha Wickramaratne,
Inspector General of Police (IGP),
New Secretariat, Colombo 1,
Fax: +94 11 2 440440/327877;
E-mail: igp@police.lk
Mr. Mohan Peiris
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
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
Secretary, Human Rights Commission of Sri Lanka,
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
