International press freedom mission which visited Sri Lanka in November 2009 says in its report  that ” in effect, the case ( of the murder of Wikramathinge) remains where it was when the preliminary inquest into the murder was held.” Further the report provides detailed description of how police is dragging the case without submitting any substantive evidence. It points out that the autopsy report on the murder has not been placed before the  Magistrate’s Court during the 26 court hearings, that took place from January – December 2009.

The sub section of the report titled  ’Murder of Lasantha Wikramathunge’ concludes saying ” The murder of Wickramatunge was one of three serious attacks on the media in January. It was by far the most heinous, since the other two – the fire-bombing of the Sirasa TV studios in Colombo and a brutal knife-attack on Upali Tennakoon, editor of a Sinhala daily . All three attacks have gone unpunished.” Here is the relevant section of the final report .

” Murder of Lasantha Wickramatunge

A year that began with the daylight murder of Lasantha Wickramatunge, whose characteristic campaigning style made him one of the most widely recognised journalists in Sri Lanka, ends with the crime far from being solved. Lasantha Wickramatunge’s brother, Lal Wickramatunge, chairman of the Leader group of publications, recounts a story of apathy and indifference. “There have been hearings of the case every two weeks,” he says, “but no evidence of any progress in identifying the guilty.”

Most procedural flaws identified in the initial investigations still persist. The autopsy report on the murder has not been placed before the Mount Lavinia Magistrate’s Court, where the case is being heard. The hearings are proceeding on the basis of a magistrate’s inquiry immediately after the murder, which established a gunshot wound as the cause of death. This, according to reliable witnesses, is contrary to the conclusions of doctors in Colombo’s Kalubowila hospital, who first examined Lasantha Wickramatunge on January 8 when he was brought in, grievously injured.  The discrepancies are not being reported here in deference to the Wickramatunge family’s sensitivities. But the mission believes from the information it gathered that the Sri Lankan police and security authorities have information on the murder that they are yet to place before the public.

On January 29, two days after the President announced that a breakthrough in the murder investigation was imminent, police arrested two trishaw drivers in Colombo. One, found to be in possession of the mobile phone that Wickramatunge had with him the day he was killed, was soon released, as he was found to have bought the phone from the second man.

The sole detainee, identified as B. Sugatha Perera, reportedly stole the phone from Wickramatunge, perhaps as he was being transferred to hospital. Perera remains in custody at this writing, though without charge. It is believed that the most serious charge that could be laid against him is theft.

On November 13, at the 24th hearing of the case, the prosecution conceded that the interrogation of Perera had not yielded any substantive information. The chief magistrate ordered Perera’s remand till November 26 and asked for a full report on the state of investigations by that date.

At the next hearing, a lawyer representing the Wickramatunge family expressed dissatisfaction with the investigation and asked for a judicial direction transferring the case to the CID. The prosecution argued that investigations then under way were seeking to identify how Perera obtained the phone. The court directed the prosecution attorney to inquire of Sri Lanka’s top police official, the Inspector General of Police (IGP), about the feasibility of the CID taking over the case. On December 10, the investigations were formally handed over to the CID on a directive from the IGP.

In effect, the case remains where it was when the preliminary inquest into the murder was held. Wickramatunge’s widow, Sonali Samarasinghe, had at that time asked that the investigation be handed over to the CID, assisted if possible by international forensic experts. Her request, made within a week of the murder, was reiterated at a February 18 hearing. And on March 15, Sonali Samarasinghe addressed a letter to Sri Lanka’s President, reminding him of numerous public assurances he and his ministers had held out, that justice would be done.

The murder of Wickramatunge was one of three serious attacks on the media in January. It was by far the most heinous, since the other two – the fire-bombing of the Sirasa TV studios in Colombo and a brutal knife-attack on Upali Tennakoon, editor of a Sinhala daily generally compliant to government diktat – did not involve loss of life.  Tennakoon left Sri Lanka shortly afterwards and All three attacks have gone unpunished.”

Sukumar Muralidharan of  International Federation of Journalists , Anthony Mills of International Press Institute, , S. Arulselvan  of International Media Support, Copenhagen participated in the November mission. The International Press Freedom Mission to Sri Lanka has made  four visits to Sri Lanka since 2006 and it comprises 11 international Press Freedom organisations. The final report of the mission will be issued shortly as a print and on line version.

Sri Lanka is among the most dangerous places in the world for a working journalist. During the last three years media in Sri Lanka has come under unprecedented pressure. Journalists have been killed, abducted, assaulted, arrested and labelled as traitors.  Media institutions were forced to close down, set on fire, and branded as anti national.

Since 2006, 18 journalists and media workers have been killed. The most recent case was in January 2009 when Lasantha Wikramatunge, editor of the Sunday Leader was brutally killed in broad day light in South of Colombo. Of those killed in Sri Lanka, the majority were Tamil and based in Jaffna peninsula.

Last month witnessed increased pressure on the Sri Lankan media. On January 6, petrol bombs were hurled at popular television and radio station MTV/MBC network. Two days later a gang entered the station and set it on fire after destroying the control room. Just two days later Lasantha Wikrematunge was killed.

Within a week, Minster Keheliya Rambukwela, spokesperson for national security, named both Sunday Leader and MBC network as media institutions that didn’t heed to government advice on reporting defence related matters. Prominent media activists who were outspoken against these attacks received death threats. Unknown gangs visited their homes.

Two weeks later Upali Tennakoon, Editor, Rivira Sinhala Weekly was attacked. He survived as his wife covered him with her body.

On January 10, Sinhala and English language website Lankadissent.com voluntarily closed its operations. In its last editorial post it said, “

A lesson learnt, that needs no repeats to learn. This “compassionate Sinhala Buddhist land” does not tolerate “dissent”. Those who would not want to learn that living, would have to learn that in death. We, who live, would come back when “dissent” comes back as a democratic right, accepted and enjoyed in a modern land of compassion. Till then, good bye!” In the wake of these attacks at least 11 senior journalists left the country, seven of them to India. Since the beginning of 2006 more than 30 journalists have left the country.

In his first address to nation on December 2005 President Mahinda Rajapaksa made it clear that media had to take a side against the war with Tamil Tigers.  Since then government did not leave any room for ambiguity.  The message to the messenger was clear: there was one truth in the war against terror and that was, what came from the Media Center for National Security (MCNS) and likewise institutions.

In 2006, the government made a number official ‘requests’ for media self-censorship. In a letter to the media, the Ministry of Defense appealed: “Please be advised that any news gathered by your institution through your own sources with regard to national Security and defense should be subjected to clarification and confirmation from the MCNS in order to ensure that correct information is published, Telecast or Broadcast.”

Finally, in October 2007 the government put out a gazette prohibiting news reporting on proposed military operations in the country. According to it, it was illegal to report material “which pertains to any proposed operations or military activity as well as plans to buy equipment for security forces or the police.” Under the terms of those regulations, editors could be jailed for up to five years for breaking the censorship. But due to strong opposition the government was forced to take it back.

The systematic silencing of Tamil media has been a grave indicator of the deteriorating spaces for freedom of expression. Tamil journalists, especially in the north and east, had been subject to intimidation and harassment on a daily basis by the security forces and by armed groups. Certain Tamil newspapers, particularly in the East, had been set on fire and distributors prevented from selling them. Newspaper offices have been looted, burnt, vandalised and bombed.

Since 2006 the Tamil-populated Jaffna peninsula – under government control – has become a nightmare for journalists, human rights activists and the civilian population in general. Murders, kidnappings, threats and censorship have made Jaffna one of the world’s most dangerous places for journalists to work. At least 11 media workers, including three journalists, have been killed in Northern Province since May 2006. Three media workers are missing, including one journalist.

In a recent newspaper interview, the chief editor of Uthayan, N. Vidyadharan said, “I’ve lost nine men so far – seven dead, two missing. But we’ll continue to fight.” The editor and news editor of Jaffna daily Uthayan have been living in the newspaper office itself over two years now for their personal security.

Over the past three years, army officers have summoned Jaffna based Tamil media chiefs several times to order censorship of certain events such as the speeches made by the LTTE leader V Prabakaran, the students’ strike, kidnappings, and other matters the army would prefer were not reported by journalists.  This puts the Tamil media in an impossible situation because the LTTE demands they cover such topics. (LTTE pressure had been subtler, though just as effective. In areas under its control, LTTE never allowed any independent media, and brutally suppressed all dissenting voices.)

In the last three years, more than 20 journalists have been arrested all over Sri Lanka, and the majority of them were Tamils. Four Tamil Female journalists were taken into custody under emergency regulations. All of them were branded as Tiger supporters, and as suicide bombers. Well known Tamil journalist J. Tissainayagam, trainee female Journalist V. Walarmathi and her printer husband V. Jasiharan were arrested and charged under the draconian Prevention of Terrorism Act.

During the year 2008 press freedom bodies in Sri Lanka have documented:

• 02 cases of journalists killed
• 50 cases of journalists being threatened with death or grave physical harm
• 01 case of journalists being abducted by unidentified persons and subjected to serious mental and physical torture;
• 16 cases of journalists being attacked by unidentified assailants for reasons obviously connected with their professional work;
• 12 cases of journalists being detained
• 3 cases of media offices or other media facilities, such as delivery vans, being attacked or raided, including one case of arson that completely destroyed the office of a Colombo based newspaper;
• Dozens of instances of verbal abuse of journalists by name or of the profession in a generic sense, including the official website of the defense ministry naming some media and journalists as supporters of LTTE
• 18 cases of journalists seeking foreign exile or voluntary displacement within the country on account of direct threats to their lives.

When the authorities sworn to upholding the fundamental rights of all citizens effectively declare war against journalism, it becomes a profession virtually impossible to pursue.

The journalists’ organisations in Sri Lanka have demanded:

• ·Immediately halt all threats, harassment, abductions and attacks against media practitioners and outlets currently being perpetrated by all parties to the conflict;
• ·Undertake complete, transparent and timely investigations into the murder of media practitioners and death threats issued against media practitioners and their families;
• ·Halt the dangerous and irresponsible practice of publicly vilifying media practitioners;
• ·Reverse action already undertaken that restricts press freedom and freedom of expression and refrain from any moves to introduce any form of direct or indirect censorship

Today Sri Lanka is at the crossroads. LTTE will very soon cease to exist as conventional military force.  Sri Lanka military will establish it’s over all dominance in North and East. Yet it is too early to predict wither Sri Lanka is heading. Right to dissent and free speech are not on political – military agenda at this juncture and will have to wait. The question is how long?

http://www.ahrchk.net/ua/support.php?ua=UAC-078-2009

SRI LANKA: Police officers torture and frame a young man who has been
in remand prison for a year

ISSUES: Fabricated charges; torture

——————————————————–

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a young man
was taken into a police station and tortured after he displeased local criminals. He was reportedly framed while in custody, fabricated charges were taken against him and he has been in remand prison since April 2008. The case suggests cooperation between an illegal network of alcohol vendors and the police.

CASE DETAILS: (According to the victim and his mother)

According to information we have received, Lectchchaman Punyamoorthi
(21) angered a ring of illegal alcohol vendors early last year when he asked them to stop selling to his father, who he says was a heavy drinker and prone to domestic violence.

On April 5, 2008 the group abducted Puniyamoorthy and took him from
his home to an abandoned house, where he was tied with up a rope and
forced to drink their alcohol. The group called the police and accused Puniyamoorthy of selling it himself.

According to the victim he was tortured at the police station shortly
after his arrest: he was forced to remove his clothes and his legs were beaten; he was pushed face down on a bench and had his back beaten with a pole; his head was submerged repeatedly in cold water.

The police officers also reportedly forced the victim to handle an empty box, into which they put a hand grenade. The next day Puniyamoorthy was taken to the Matale magistrate court and accused of carrying explosives, with his fingerprints on the box used as evidence. Since this is a serious offence under the explosives ordinance Puniyamoorthy was sent into remand without bail. The police have filed two cases, B 362/08 and B 360/08 against him and the victim has been in the Rajaveediya Kandy remand prison since April 11, 2008.

ADDITIONAL COMMENTS:

This is not the first time the officers at Rattota police station have been accused of misconduct. The Asian Human Rights Commission is still awaiting an explanation into officers’ inept investigation into one child rape allegation (UAC-330-2007 <http://www.ahrchk.net/ua/mainfile.php/2007/2680/), in which they appeared to favour the accused, and into another (AHRC-UAC-048-2009 <http://www.ahrchk.net/ua/mainfile.php/2009/3155 ), in which the accused rapist was barely investigated and remains at large.

Sri Lankan citizens are protected from torture in sections 11, 12 and 13 of the Democratic Constitution of Sri Lanka, and under CAT, the UN convention against torture, the government is obliged to punish any
perpetrator of such crimes with at least seven years imprisonment or
a minimum penalty of Rs10,000. The convention was adopted by Sri
Lanka in 1994 but remains under-implemented.

SUGGESTED ACTION:

Please write to the local authorities listed below and demand that due disciplinary and legal action be taken against the officers at Rattota Police Station who have engaged in torture and fabricated charges, and that an investigation be started into the officers’ for misconduct. Please ask for the intervention of the National Human Rights Commission and National Police Commission to ensure that the victim receives a swift and fair trail and adequate compensation for torture, and that they take action to ensure that the authorities’ duties under CAT are more widely followed and understood.

The AHRC has written a separate letter to the UN Special Rapporteur
on the Question of Torture calling for an intervention into this
case.

To support this appeal please click here:
http://www.ahrchk.net/ua/support.php?ua=UAC-078-2009

We also raise our serious concern about the safety and welfare of the civilian population of the Vanni who have been repeatedly displaced in recent months and have suffered untold hardship fleeing aerial bombardment and artillery shelling with inadequate access to food, shelter and medicine.

The LTTE is responsible for forcing the civilian population to retreat with them into parts of Mullaitivu under its control. Here the Red Cross and United Nations estimate that around 250,000 civilians are currently trapped in and around the direct line of the GOSL military offensive and the firing line of the LTTE. We have received reports that any attempt to leave this area carries the risk of death at the hands of the LTTE who are using these civilians as human shields.

However, the “safe zone” established by the GOSL is inadequate. The civilians who managed to escape to the safe zone face extreme risk and have become victims of indiscriminate fire. The GOSL claims that such bombardment is in response to LTTE artillery firing from near the safe zones; this does not justify the GOSL’s actions and such claims reveal the GOSL’s determination to pursue its war agenda at any cost.  Furthermore, the GOSL should take immediate steps to show that it is concerned about the fate of Tamil civilians, including the rights of those who flee Mullaitivu.

Recognising the grave dangers to civilians, the Bishop of Jaffna, Rt. Rev. Dr. Thomas Savundaranayagam in a letter dated 25 Jan 2009 to the President urging larger safe zones, has made the following plea:

“We are also urgently requesting the Tamil Tigers not to station themselves among the people in the safety zone and fire their artillery-shells and rockets at the Army. This will only increase more and more the death of civilians thus endangering the safety of the people. I insist that both parties must observe the safety zone strictly.”

The LTTE’s use of civilians as human shields and deadly efforts to prevent civilians fleeing the war zone are unacceptable and clearly violate the laws of war.  Despite this, it is the Sri Lankan state’s duty to ensure the safety and protection of all of its citizens.  Civilian protection must take priority over military objectives. The GOSL should immediately prioritize addressing the escalating number of civilian deaths, the inability of injured civilians to reach areas of safety and medical care, and the sheer fear and terror experienced by the trapped civilian population.

The international community, as evident from their statements on the humanitarian situation, is aware of the mounting humanitarian catastrophe.  There needs to be further concerted international pressure to prevail upon the GOSL and the LTTE to ensure the safety of the civilian population.

We therefore appeal to the United Nations and the UN Agencies, governments engaged with the humanitarian situation in Sri Lanka including the State Government of Tamil Nadu, and international humanitarian organizations to:

•    pressure the GOSL to create additional and more effective safe zones;
•    demand that the GOSL and the LTTE establish corridors of safety with associated cessation of hostilities in areas necessary to allow for the safe passage of civilians to secure areas;
•    demand that international organizations such as UNHCR and ICRC are given full access to provide adequate care for the civilian population;
•    demand that neither the armed forces nor armed groups violate the rights of the displaced civilians arriving in government controlled areas;
•    demand that both the GOSL and the LTTE ensure the Geneva Conventions are adhered to in the treatment of civilians; as well as any LTTE cadres that surrender or are captured by security forces and members of the security forces captured by the LTTE, including the right to life and humane treatment of the prisoners of war.

Signed

1.    Sri Lanka Democracy Forum (SLDF)
2.    Sri Lanka Islamic Forum (SLIF), UK
3.    International Network of Sri Lankan Diaspora (INSD)
4.    Sri Lanka Association – Stuttgart, Germany
5.    Committee for Democracy and Justice, UK
6.    Canadian Democratic League, Canada
7.    Sri Lanka Circle – Berlin, Germany
8.    Thenee – Tamil Website (web link: www.thenee.com / www.theneeweb.de / www.thenee.eu)
9.    Uthayam Newspaper, Australia
10.    Vaikarai Newspaper, Canada
11.    Parai Magazine, Norway
12.    Uyirnizhal – A Tamil Political Literary Magazine (www.uyirnizhal.com), France
13.    Uyirmei – A Tamil Political Literary Magazine, Norway
14.    South Asia Solidarity Group, UK
15.    Free Media, Norway
16.    South Asia Solidarity Initiative (SASI), USA