Dear friends,
The Asian Human Rights Commission (AHRC) has learned of an alleged unprovoked attack by the Sri Lankan Navy on two groups of six fishermen from Negombo on January 27 and again on 28 January 2007 respectively. The fishermen were allegedly arrested, assaulted and had one of their boats destroyed. The navy has also publicly branded the fishermen as supporters of militant groups and the media has shown little interest in helping the victims clear their reputation. The fishermen are now afraid to return to work, putting their families in jeopardy since they are dependent on the fishing industry to sustain their livelihoods. As of 3 February 2007, six of the fishermen still remain in detention.
CASE DETAILS:
On 27 January 2007 at 4:00 am, six fishermen set out from Negombo and stationed themselves 20 nautical miles off the Sri Lankan coast and outside the high security zone that is patrolled by government forces. They then dropped their nets and hoped to catch a fish called Piyamassan. At around 6:30 am, the fishermen noticed a navy ship approaching at which point the men raised a flag to inform them that they were fishermen and had nets in the water. The fishermen noticed the navy open fire on another boat in the area which then caught fire. The navy then approached the fishermen and demanded that they all jump into the sea and remove their clothing. The government forces then allegedly tied the victims’ hands behind their backs and brought them back to land. The men were allegedly blindfolded and assaulted during an interrogation that lasted until 4:30 pm, at which point they were placed in a holding cell.
The following day on 28 January 2007, the victims were released into their families care but did not have their boats or fishing equipment returned. Meanwhile, another six fishermen where arrested with two of their boats seized by the navy. One of the boats was allegedly destroyed while the navy conducted a search. The fishermen’ families have been informed that the Anti-terrorist Investigation Unit is questioning the men; however, they have been denied access to the victims and still have not seen them. As of 3 February 2007, the fishermen had not been released from custody.
Six fishermen who are still detained are; Mr. W.S. Anthony Raja (35), Mr. W.S. Jude Sampath (21), Mr. W.S. Sumith Thamel (28), Mr. Anthony Tyrrone Fernando (28), Mr. Sivanaiah Ranjith (24) and Mr. W.S. Luckshman Newton Fenrando (25). Six fishermen, who had been arrested but later released, are; Mr. Anthony Fernando (34), Mr. Lukshman (26), Mr. Peases Pieris, Mr. Terrence Anthony, Mr. Ranjith and Mr. Selvar Kumar.
Meanwhile, the Sri Lankan Navy publicly stated that the fishermen often receive payment from the Tamil Tiger militant group in exchange for information. The statement was published by the Lankadeepa newspaper and as a consequence has severely damaged the fishermen’s reputation. When the fishermen tried to clear their name by calling a news conference that was organised by the All Ceylon Fisheries Union (ACFU), only three journalists attended the event. The men are now afraid to go back to work out of fear that they have been branded militant sympathisers and will be targeted again by government forces. Many of the fishermen are the sole provider for their family and as a result now face a grave challenge to their livelihoods.
The AHRC condemns the alleged mistreatment of these twelve fishermen and urges the Sri Lankan government to immediately launch an independent investigation into this blatant attach on innocent people. The AHRC also demands that the six fishermen who are currently detained are immediately released into the care for their family. The AHRC further urges that the government do everything in its power to clear the reputation of these fishermen and fully compensate them for any destroyed equipment, lost revenue and trauma that they have received.
At the moment in Sri Lanka, the nationalist sentiments have been aroused by the media and right wing elements. Under the situation, any person accused of having connections with the “enemy” can be a target of attack or many victims of human rights abuses are labelled as “LTTE terrorist” by the alleged perpetrators to cover up the violations. The case of Rev. Nallathamby Gnanaseelan in Jaffna can be a good example. The pastor was shot dead in daylight without any reason by soldiers, who later tried to cover up their crime, labelling him as a “LTTE terrorist” who attempted to throw a hand grenade at soldiers. Now the army authority has changed their version after knowing that the dead man is a well known pastor in the area (See further: UA-024-2007).
Please also refer to the AHRC statement: AS-029-2007.
SUGGESTED ACTION:
Please write the relevant Sri Lankan authorities and demand justice for the victims. Please ask them to fully compensate the victim and his family and demand that the six fishermen be released, have their reputation restored.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Sri Lankan Navy allegedly attacks, arrests and assaults twelve fishermen from Negombo
Name of the victims:
1. W.S. Anthony Raja, 35 years-old, Father of three (in custody)
2. W.S. Jude Sampath, 21 years-old (in custody)
3. W.S. Sumith Thamel, 28 years-old (in custody)
4. Anthony Tyrrone Fernando, 28 years-old, Father of two (in custody)
5. Sivanaiah Ranjith, 24 years-old (in custody)
6. W.S. Luckshman Newton Fenrando, 25 years-old (in custody)
7. Anthony Fernando, 34 years old (arrested and released)
8. Lukshman, 26 years-old (arrested and released)
9. Peases Pieris (arrested and released)
10. Terrence Anthony (arrested and released)
11. Ranjith (arrested and released)
12. Selvar Kumar (arrested and released)
Place of incident: At sea, 20 nautical miles off Sri Lanka’s East coast
Date of incident: 27 January 2007; 28 January 2007
I am writing to voice my concern over the attack, arrests and assault of the twelve fishermen mentioned above. I have also learned that these fishermen have had their reputations destroyed by the navy’s public defamation of the men and as a result, their livelihoods are in serious jeopardy.
According to the information I have received, on 27 January 2007 at 4:00 am, six fishermen from Negombo stationed themselves 20 nautical miles off the Sri Lankan coast and outside the high security zone that is patrolled by government forces. They then dropped their nets and hoped to catch a fish called Piyamassan. At around 6:30 am, the fishermen noticed a navy ship approaching at which point the men raised a flag to inform them that they were fishermen and had nets in the water. The fishermen noticed the navy open fire on another boat in the area which then caught fire. The navy then approached the fishermen and demanded that they all jump into the sea and remove their clothing. The government forces then allegedly tied the victims’ hands behind their backs and brought them back to land. The men were blindfolded and assaulted during an interrogation that lasted until 4:30 pm, at which point they were placed in a holding cell.
I know that on 28 January 2007, the victims were released into their families care but did not have their boats or fishing equipment returned. Meanwhile, another six fishermen where arrested with two of their boats seized by the navy. One of the boats was allegedly destroyed while the navy conducted a search. The fishermen’ families have been informed that the Anti-terrorist Investigation Unit is questioning the men; however, they have been denied access to the victims and still have not seen them. As of 3 February 2007, the fishermen had not been released from custody.
I have also been informed that the Sri Lankan Navy publicly stated that the fishermen often receive payment from the Tamil Tiger militant group in exchange for information. The statement was published by the Lankadeepa newspaper and as a consequence has severely damaged the fishermen’s reputation. As a result, they are now afraid to go back to work out of fear that they have been branded militant sympathisers and will be targeted again by government forces. Many of the fishermen are the sole provider for their family and as a result now face a grave challenge to their livelihoods.
I am well aware that at the moment in Sri Lanka, the nationalist sentiments have been aroused by the media and right wing elements. Under the situation, any person accused of having connections with the “enemy” can be a target of attack or many victims of human rights abuses are labelled as “LTTE terrorist” by the alleged perpetrators to cover up the violations. I want to draw your attention on the case of Rev. Nallathamby Gnanaseelan of Jaffna, who was shot dead in daylight on 13 January 2007 by soldiers, who later tried to cover up their crime, labelling him as a “LTTE terrorist” who attempted to throw a hand grenade at soldiers. Now the army authority has changed their version after knowing that the dead man is a well known pastor in the area. I suspect that the Sri Lankan navy may use the same nationalist sentiments to cover up their crime against the innocent fishermen.
I therefore urge you to immediately launch an independent investigation into this blatant attach on innocent fishermen. I also ask that the six fishermen who are currently detained are immediately released into the care for their family. I further request you to do everything in your position to clear the reputation of these fishermen and fully compensate them for any destroyed equipment, lost revenue and trauma that they have received.
I look forward to hearing about your urgent intervention.
Yours sincerely,
_____________
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657
Email: secretary@presidentsoffice.lk
2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 575317-8 or 370 737-8
Fax: +94 11 2 575454
3. Mr. Mahinda Rajapaksa
Minister
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
Sri Lanka.
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
Fax: 94 11 2 446300 or 421529
E-mail: secdef@sltnet.lk
4. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
5. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
6. Secretary
Human Rights Commission of Sri Lanka
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
7. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
