WORLD: The Sri Lankan Government retaliates to the proposed Human Rights Council resolution b arresting activists and

!itnesses

March 17, 2014 A draft resolution promoting reconciliation, accountability, and human rights in Sri Lanka is to be discussed at the nited !ations "uman #ights $ouncil% &he proposed resolution calls for, among other things, the 'ffice of the "igh $ommissioner, (&o lead a comprehensi)e in)estigation into alleged serious )iolations and abuses of human rights and related crimes by both parties in Sri Lanka and establish the facts and circumstances of such )iolations and of the crimes committed *ith the )ie* to a)oiding impunity and ensuring accountability *ith assistance from rele)ant e+perts,% -n retaliation to this proposed resolution the go)ernment is conducting demonstrations in )arious parts of the country through its supporters% Mean*hile, a number of human rights acti)ists ha)e been arrested, detained, and are being interrogated by the &errorist -n)estigation .i)ision /&-.0% 1esterday night /March 12, 20140, #uki 3ernando and the #e)% 4ra)een *ere arrested in 5ilinochchi by the &-.% Last *eek, Ms% 6alendran 7ayakumari and her 189year9old daughter, :ithuskaini, *ho ha)e been campaigning against enforced disappearances *ere also arrested and are being interrogated by the &-.% #uki 3ernando is a human rights ad)isor to -!3'#M, a human rights documentation centre based in $olombo% "e is a *ell kno*n human rights defender in Sri Lanka *ho has also participated in international ad)ocacy for the protection and promotion of human rights in the country% #e)% 4ra)een 'M- is the director for the $entre for 4eace and #econciliation /$4#0 based in 7affna% 6oth of them *ere tra)elling to )isit Ms% 7ayakumari and :ithuskaini% &*o la*yers contacted the 5ilinochchi 4olice Station soon after the arrest of 3ernando and #e)% 4ra)een came to be kno*n% -nitially the 5ilinochchi police denied that they had made the arrest% "o*e)er, they informed that t*o persons had been arrested by a specially appointed unit of the &-. and they *ere being held at a separate location in 5ilinochchi% Later the 5ilinochchi police confirmed that #uki 3ernando and #e)% 4ra)een *ere being ;uestioned by around 1<

&-. officers at the 5ilinochchi 4olice Station% &he '-$ of the 5ilinochchi police, Mr% 5umara, later confirmed the arrest of these t*o persons and further stated that (#uki 3ernando and #e)% 4ra)een beha)ed in a suspicious manner as they )isited some families of those *ho ha)e lost their family members,% &he arrest of #uki 3ernando and #e)% 4ra)een, as *ell as Ms% 6alendran 7ayakumari and her 189year9old daughter, :ithuskaini, *as done *ith the in)ol)ement of a large number of &-. officers and security personnel% 6efore the arrest of Ms% 7ayakumari and her daughter it is reported that a large group of army personnel surrounded her house% Ms% 7ayakumari and her daughter campaigned for information regarding persons *ho had been )ictims of enforced disappearances *hich included Ms% 7ayakumari=s son% A picture of the daughter appeared in the media, holding her disappeared brother=s photograph, calling for his reco)ery% &he Asian "uman #ights $ommission calls upon the Sri Lankan go)ernment to engage *ith the "uman #ights $ouncil in a positi)e manner and make use of the opportunity of this resolution to o)ercome many of the serious problems relating to human rights and the protection of the country=s citi>ens *hich has pre)ailed in Sri Lanka o)er a long period of time% &he entire legal system, including the capacity of the police for in)estigations into crimes, the capacity of the Attorney ?eneral=s .epartment to act as an independent and impartial prosecutor and abo)e all the capacity of the Supreme $ourt of Sri Lanka to act independently and ensure the protection for indi)iduals against state repression has all been undermined and compromised% &he opportunity that has become a)ailable through the premier global institution for the protection of human rights, *hich is the "uman #ights $ouncil and the "igh $ommissioner=s office, pro)ides an unprecedented opportunity to resol)e these problems and to reestablish rule of la* *hich has been lost% As the proposed resolution also empo*ers the "igh $ommissioner=s office to in)estigate human rights )iolations and other crimes committed by the L&&@ this pro)ides a great opportunity to reestablish and strengthen the capacity of the Sri Lankan state to deal *ith problems of terrorism and to establish a frame*ork to pre)ent the recurrence of the dismal situation *hich has pre)ailed during the last four decades% -n this manner the proposed resolution also pro)ides an opportunity for the Sri Lankan state to abandon the militaristic path that it has entered into after the suppression of the L&&@% .emilitarisation is an una)oidable necessity for the normali>ation of the entire situation of the country as *ell as for reconciliation *ith the minorities% &he Asian "uman #ights $ommission calls upon the president of Sri Lanka and the go)ernment not to utilise the proposed resolution as a propaganda stunt for petty political ends% &he position taken by the Sri Lankan president and e+pressed openly through the media that it is only the people through the electoral process that has the po*er to deal *ith any crimes that may ha)e been committed, is an untenable position under international la*% Sri Lanka, as a member of the nited !ations and also a participant of the "uman #ights $ouncil is not entitled to challenge the )ery mandate of the nited !ations and the "uman #ights $ouncil% Such challenges do not contribute to the betterment of the country but, in fact, lead to the isolation of Sri Lanka *ithin the community of nations%

Ae especially call upon the Sri Lankan go)ernment not to use its security forces, particularly the &errorism -n)estigation .i)ision and intelligence ser)ices *ith a )ie* to harass and intimidate )ictims of human rights abuses *ho seek Bustice and human rights defenders, Bournalists and others *ho are playing their role to ensure protection for the people% Ae call upon the Sri Lankan go)ernment to release Ms% 6alendran 7ayakumari and her 189year9 old daughter, :ithuskaini, #uki 3ernando and #e)% 4ra)een as there is no Bustifiable reason to arrest or detain them% Ae call upon the "igh $ommissioner for "uman #ights to pay special attention during this time of the debate on the proposed resolution, and thereafter, to take all measures *ithin her mandate to ensure protection for )ictims of human rights abuse by the go)ernment as *ell as the L&&@ so as to a)oid their harassment and intimidation% &his must also include the protection of human rights defenders, Bournalists and all other persons *ho *ant to contribute to Bustice and reconciliation in Sri Lanka% Ae also call upon all ci)il society organisations throughout the *orld and media organisations to be on special alert on behalf of the )ictims of human rights abuses, human rights defenders, Bournalists and others on this special occasion and in the immediate period thereafter%