|
Search |
|
|
|
Our Neighbours -- Sri Lanka
|
FOR IMMEDIATE RELEASE
AHRC-STM-196-2009
September 18, 2009
A
Statement by the Asian Human Rights Commission
SRI LANKA:
A political investigation into a solidarity letter
The
President of Sri Lanka is reported to have instructed the Defense
Secretary to verify the facts stated in a newspaper advertised petition
published in several papers, signed by 133 persons condemning the death
threat to Dr. P. Saravanamuttu who has received the threat by way of a
letter that he would be killed if Sri Lanka does not get the GSP+.
(Kindly see the advertisement and the copy of the death threat
reproduced below).
The Defense Secretary was asked to verify as to whether there was such a
threat stating that there is some international conspiracy against Sri
Lanka.
Following the report of the instructions of the president, officers from
the Criminal Investigation Division (CID) visited and questioned several
signatories to this advertisement. They were asked:
a. How they
know of Dr. P. Saravanamuttu
b. Whether there was any meeting for all signatories of the advertised
petition.
c. Have they in fact seen the threatening letter, and
d. Who had sent the threatening letter?
The persons
who had been questioned are concerned that perhaps another kind of
political prosecution may be on the way. In any case the visits by the
CID and the questions are without any basis in law and are direct
interference into the basic rights of citizens to engage in any kind of
solidarity work within the framework of the law.
The Defense Secretary does not have the power to direct inquiries into
acts which are entirely legal and are within the rights of citizens. The
basis of any inquiry is the allegation of a criminal act. In this
instance the engagement of acts of solidarity by a group of citizens are
not criminal acts. The CID officers do not have the duty to obey any
orders which are not based in law. They particularly do not have any
obligation to carry out political work aimed at suppressing those that
the government considers their political opponents.
The CID officers are law enforcement officers and their activities must
be defined within the framework of the law.
It is the duty of the director of the CID to ensure that the officers
who work under him are not being directed or used for purposes of
political activities and particularly for activities directed towards
intimidation.
Under Sri Lanka’s fundamental rights laws, any directions given to
engage in purely political activities done under the pretext of
investigations are a violation of the rights of citizens for security,
which is a violation of article 13 of the Constitution and article 9 of
the International Covenant on Civil and Political Rights to which Sri
Lanka is a party.
It is the duty of any investigating officer to explain to anyone who is
being questioned as to what crime he or she is being charged with.
Engaging in an act of solidarity on behalf of a fellow citizen is not a
crime. In fact, it is one of the most honorable duties that a citizen
owes to his fellows.
In the past the Asian Human Rights Commission has warned that a
political police and a political prosecution system are emerging in Sri
Lanka. Several previous cases indicate an attempt to give the pretext of
investigations and prosecutions on the basis of criminal charges while,
in fact, the purpose of such investigations and prosecutions are
entirely political.
This is even more alarming in a situation where assassinations and
threats of assassinations are not being investigated by the authorities
who have the responsibility to investigate them. In this instance the
letter containing the death threat was brought to the notice of the
government and it was very widely publicized. Like in the earlier cases
of such deaths threats no investigation was carried out. In fact, some
who work for the propaganda machinery of repression tried to ridicule
the complaint regarding the threat.
Now instead of investigating into those who issued the threat
investigations are being carried out against those who expressed concern
and wanted protection for the threatened person. This is no different,
for example, to conducting enquiries against the parents of the recent
assassinations at the Angulana police station instead of the officers
who carried out the killings. It was due to the popular uproar that such
an occurrence did not happen and that, in fact, the actual perpetrators
were investigated and prosecuted. However, what happens most of the time
is the protection of the actual perpetrators of the crime and the
suppression of those who complain about harassment. The AHRC has
repeatedly warned that the entire legal process in the country has been
turned upside down and the justice process is being deliberately
subverted for political purposes.
The Asian Human Rights Commission calls for the end to the harassment of
Dr. P. Saravanamuttu and his organisation and also to stop the
persecution of Sri Lankan citizens who have engaged in acts of
solidarity relating to a fellow citizen. We also urge the Director of
the CID to conduct an inquiry as to how the officers working under him
are being utilised for such political activities. We also urge the
director to issue instructions to his officers to clarify the position
of the law that they are under no obligation to obey illegal orders. We
urge the civil society to follow the courageous lead of the signatories
to this petition and to act in solidarity for the defense of their
rights. We urge the international community to support the Sri Lankan
people in their struggle for a return to a society based on the rule of
law and in their attempt to prevent the emergence of a political police
in Sri Lanka.
Statement
Condemning Death Threat against Dr. P. Saravanamuttu
As concerned citizens and members of civil society organisations
committed to the protection and defence of human rights and democracy in
Sri Lanka, we are gravely disturbed at the most recent attempt to
intimidate Dr. Paikiasothy Saravanamuttu, Director, Centre for Policy
Alternatives through a death threat by letter posted to his home. We
condemn it unreservedly. On August 20th 2009 Dr Saravanamuttu received a
letter threatening him with death for allegedly passing information to
the European Union which the letter claims will result in the GSP + plus
facility being denied to Sri Lanka.
Dr Saravanamuttu, and the organizations he heads, the Centre for Policy
Alternatives, is involved in contributing to public policy making and
implementation processes to ensure good governance, proposing
constructive policy alternatives aimed at strengthening and safeguarding
democracy, pluralism, the rule of law, human rights and social justice,
and drawing attention to the social and political consequences of
development. At a time when space for dissent has been restricted he has
been one of the outspoken critics showing exemplary courage in speaking
out.
He is a well respected scholar and is invited to speak and write not
only on Sri Lanka but on broader issues of democracy, governance and
social justice issues at a global level, by many institutions and
organizations around the world.
In the past years, Dr. Saravanamuttu and the CPA have engaged in a range
of actions aimed at ensuring that the Sri Lankan government honours its
obligations under Sri Lankan law and international conventions that it
has ratified. This work has often been in collaboration with other Sri
Lankan organizations concerned with the promotion and protection of
human rights in accordance with the right of association and expression
guaranteed in the Constitution.
The campaign to call for the Government of Sri Lanka to comply with its
obligations under the International Covenant on Civil and Political
Rights (ICCPR) and a host of other international agreements that Sri
Lanka has ratified has been an ongoing one by CPA and other
organizations working to ensure human rights accountability in Sri
Lanka. The engagement of these groups with the discussions on the
extension of the GSP+ facility to Sri Lanka is part of this wider
process. As reiterated by the CPA, its position is that GSP Plus
benefits MUST be renewed, and that Sri Lanka should use the opportunity
to also strengthen its human rights protection framework by complying
with international and national law.
We deplore the intimidation levelled at Dr. Saravanamuttu and call upon
the state to take all necessary measures to investigate and bring to
justice those responsible for making these threats. We also extend our
solidarity and support to Dr. Saravanamuttu and to all at the Centre for
Policy Alternatives at this time, and call on the authorities to ensure
that all steps necessary are taken to guarantee the safety and security
of Dr. Saravanamuttu, his family and his staff.
27 August
2009
(Signed by 133 persons)
The letter
containing the death threat:
# # #
About AHRC:
The Asian Human Rights Commission is a regional non-governmental
organisation monitoring and lobbying human rights issues in Asia. The
Hong Kong-based group was founded in 1984.
-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
|