The Asian Human Rights Commission (AHRC) writes to inform you of yet another alleged forced disappearance of a 17 year-old boy named Thivarthan Murukesu Jebichandran by Sri Lanka’s military on 9 August 2006, at Kantharodai Veethi, Jaffna, Northern Province, Sri Lanka. The local police have refused to investigate the kidnapping of Thivarthan Murukesu Jebichandran when his father lodged a case.
Around 4:00pm on August 9, Thivarthan and his friend Vijayakumar Suresh were walking along Dutch Road when heavily armed military personnel approached and arrested the two boys. According to several witnesses, the boys were assaulted, harassed and forced to kneel for several hours before a security group using Field Motor bikes rushed to the scene and took them away. Witnesses recognised the field bike group as the unit based at Manjpay near the Muthanar Hindu Temple.
Although it is difficult to say how many security forces where involved with the alleged abduction because of poor visibility due to dense bushes, the incident was nevertheless witnessed by several villagers who, out of fear for their own security, wish to remain anonymous. The witnesses contest that the kidnappers were wearing the usual camouflaged military uniform and had heavy weaponry.
When Thivarthan’s family heard of the news, they rushed to the scene only to find out from the villagers that the boy had already been taken away. The family approached the army officials who remained on the scene and asked where Thivarthan was taken; however, the military allegedly denied arresting the victim. The family then went to the Uduvil army camp and the camp at Kantharodai in a desperate attempt to find the boy. Again, the military denied any involvement in the abduction.
A complaint was lodged by Thivarthan’s father Murukesu Jebichandran at the Sunaham police station on August 10. Shockingly, the police allegedly refused to accept the father’s original statement because they claimed that they could not accuse the army of a criminal act. The statement was then officially processed stating that Thivarthan was kidnapped by unknown persons. The father has also lodged complaints with the International Committee of the Red Cross (ICRC), the Human Rights Commission and has stressed that he will be approaching the Magistrate of the Open Court of Malaham.
The AHRC strongly condemns the alleged assault and abduction by the Sri Lankan military. This is another example of the rampant impunity enjoyed by Sri Lanka’s military personnel and security forces.
SUGGESTED ACTION:
Please write to the relevant Sri Lankan government authorities listed below and express your concern about this case. Please urge them to immediately investigating this kidnapping and to secure the safe release of victim, while providing him with adequate compensation for the intense trauma that he will have suffered. The government must also provide security for the villagers who witnessed the incident.
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SAMPLE LETTER
Dear _________________,
SRI LANKA: Sri Lankan Army allegedly kidnaps 17 year-old boy
I am writing to express my complete indignation about the alleged kidnapping of a 17 year-old boy named Thivarthan Murukesu Jebichandran by the Sri Lankan army on 9 August 2006, at Kantharodai Veethi, Jaffna, Northern Province, Sri Lanka.
I have received information that alleges that around 4:00pm on August 9; heavily armed military personnel approached and arrested Thivarthan and his friend Vijayakumar Suresh when they were walking along Dutch Road. According to several witnesses, the boys were assaulted, harassed and forced to kneel for several hours before a security group using Field Motor bikes rushed to the scene and took them away. Witnesses recognised the field bike group as the unit based at Manjpay near the Muthanar Hindu Temple.
I have also learned that the incident was witnesses by several villagers who, out of fear for their own security, wish to remain anonymous. The witnesses contest that the kidnappers were wearing the usual camouflaged military uniform and had heavy weaponry.
When Thivarthan's family heard of the news, they rushed to the scene only to find out from the villagers that the boy had already been taken away. The family then approached the army officials who remained on the scene and asked where Thivarthan was taken; however, the military allegedly denied arresting the victim. The family then went to the Uduvil army camp and the camp at Kantharodai in a desperate attempt to find the boy. Again, the military denied any involvement in the abduction.
It also saddens me to learn that Thivarthan's family has not received any information or cooperation from the local authorities. When a complaint was lodged by Thivarthan's father Murukesu Jebichandran at the Sunaham police station on August 10, the police allegedly refused to accept the father's original statement because they claimed that they could not accuse the army of a criminal act. The statement was then officially processed in saying that Thivarthan was kidnapped by unknown persons. I have also learned that the father has also lodged complaints with the International Committee of the Red Cross (ICRC), the Human Rights Commission and has stressed that he will be approaching the Magistrate of the Open Court of Malaham.
It is a matter of national shame that the government of Sri Lanka continues to allow the military to conduct forced disappearances. It is criminal and has made a mockery of the entire Sri Lankan justice system. I strongly urge you to immediately investigate this alleged kidnapping and use all your available resources to ensure the safe and immediate release of this child. This investigation must be conducted independently and without any involvement by the local authorities to guarantee that sanctity of the legal process. Also, the government must guarantee protection to the witnesses in this case and be prepared to allocate proper compensation to the victim for the trauma that he has most definitely suffered.
I trust that you will immediately begin securing the release of this young victim.
Yours sincerely,
__________________
PLEASE SEND YOUR LETTER TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
2. 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: modadm@sltnet.lk or secdef@sltnet.lk
3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
4. 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
5. 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
6. Mr. Stephen J. Toope
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
Attn: Tanya Smith
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 917 9176
Fax: +41 22 917 9006 (ATTN: WORKING GROUP EXTRAJUDICIAL EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
