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The office of human rights lawyer Amitha Ariyaratne, situated in front of his residence at
No. 53, Temple Road, Horapay was burned down at around 9pm by an unknown arsonist
who fled the scene.
On the 27th January 2009, Mr.
Ariyaratne was threatened inside the Negombo Police Station in front of
several officers by an officer named Bandara who struck him on the
shoulder and threatened him with death three times. Earlier, on the 26th
September, 2008 Mr. Ariyaratne also received death threats by an
anonymous caller asking him to desist in providing legal representation
at the inquest relating to Sugath Nishanta Fernando. This inquest was
regarding the assassination of Mr. Fernando which took place on the 20th
of the same month.
Mr. Fernando was a
complainant and a witness in a torture case against an Inspector of
Police in the Negombo area against whom the Commission on Bribery and
Corruption had filed a case. He was also the petitioner in a fundamental
rights application in which he made 12 police officers of the Negombo
area, including a Senior Superintendent of Police respondents for
assaulting his entire family, including his wife and two young children,
demanding that he should not give evidence in court against the inspector
who was charged with an offense relating to corruption. Before his
assassination, Mr. Fernando and his family were threatened with death
within 24 hours if they did not withdraw the fundamental rights
application filed in the Supreme Court. The police officer named Bandara
who threatened Mr. Ariyaratne with death on the 27th January 2009 is one
of the respondents in this fundamental rights application.
Shortly before the arson of
Mr. Ariyaratne¡¦s office, he and his wife who is also a lawyer were
working at the office in which all the case files relating to their work
were kept. When they left the office for some personal reasons they saw a
man walking past very hurriedly. He was dressed in a sarong. Almost
immediately after leaving the office they saw the building burst into
flames. They described the fire as intense.
After the couple called on
the neighbours several of them arrived and tried to put out the flames.
After considerable effort they succeeded. The furniture and tables in the
office had been burned and many of the case files on one side had also
been destroyed. The extent of the full damage has not yet been assessed.
Despite of calls the police
did not arrive promptly. When they did finally arrive they did not
conduct a thorough investigation into the fire. After the arrival of some
friends, Mr. Ariyaratne went to the Ragama Police Station and made a
complaint. However, no inquiry has yet started.
Mr. Ariyaratne, Fernando’s
lawyer, fears for his life and
those of his family which includes two school-going children. On the 27th
January he made a complaint to the Bar Association and the Inspector
General of Police. The the Bar Association of Sri Lanka had passed a resolution on death threats to Amitha
Ariyaratne and asked the inspector general of police to inquire into the
matter. This time, naturally, there was greater frustration regarding the
arson attack as well as the inaction of the police on the earlier demand.
Situation of Lawyers in Sri Lanka :
It is not
the first time a demand for an inquiry by the association of lawyers of Sri
Lanka has been ignored by the police. The grenade attacks on the house of
senior lawyer J.C. Weliamuna, who was the counsel for the widow in the fundamental
rights application, lead not only to a lengthy resolution
by the association but also to a demonstration. (See : uk-page4.1.asia.slk1.htm).
Later there
was the humiliation of an attorney-at-law named Mohotti at the
Bambilipitya Police Station, which also lead to protests and calls for
action by the police. In all these instances there was the familiar
inaction, reflecting the attitude that such events are unimportant and do
not warrant criminal investigation or prosecution.
The
statement of the defense secretary was also reflected in the use of the
Defense Ministry website to chastise lawyers who offer their professional
services to alleged terrorist suspects. A number of lawyers names were
mentioned in the website in a very provocative manner. The affected
lawyers wrote to the Bar Association and in their letter to the president
of the association stated:
Supporting Asian Human Rights
Commission, IDHAE calls upon the Inspector General of Police
and the Sri Lankan authorities to investigate this matter and also to provide
protection to Mr. Ariyaratne and his family. We also hope that the Bar
Association of Sri Lanka which in recent months has passed many
resolutions and even organised demonstrations to come to the assistance
of their colleague and also to strongly intervene with the government and
the Inspector General of Police regarding this case.
PLEASE TAKE ACTION
Copy the enclosed letter and
send it to the address provided
ADRESSES:
President
Mahinda Rajapakse, Office of the President, Temple Trees, 150, Galle
Road, Colombo 3, Sri Lanka, Fax: + 94 11 2446657 / +94 11 2472100 / +94
11 2430 590. Email: secretary@presidentsoffice.lk
Mr.
Jayantha Wickramaratne, Inspector General of Police (IGP), New
Secretariat, Colombo 1, Sri Lanka. Fax: +94 11 2 440440 / 27877. E-mail: igp@police.lk
Mr.
Amarasiri Dodangoda, Minister, Ministry of Justice and Law Reforms,
Superior Courts Complex, Colombo 12, Sri Lanka. Fax : (94) 1 2320785.
Email: justiceminist@sltnet.lk
Letter:
Your Excellency,
I am deeply concerned by attack by way of arson on the office of
our colleague Amitha Ariyaratne, Attorney-at-Law, situated in front of
his residence at No. 53, Temple Road, Horapay was burned down on 27th
January 2009, at around 9pm by an
unknown arsonist who fled the scene.
I am also deeply concerned by constant death threats to lawyer, Mr. Amitha Ariyaratne. On the
27th January 2009, our colleague Mr. Ariyaratne was threatened inside the
Negombo Police Station in front of several officers by an officer named
Bandara who struck him on the shoulder and threatened him with death
three times. Earlier, on the 26th September, 2008 Mr. Ariyaratne also
received death threats by an anonymous caller asking him to desist in
providing legal representation at the inquest relating to Sugath Nishanta
Fernando. This inquest was regarding the assassination of Mr. Fernando
which took place on the 20th of the same month.
I understand that Mr. Fernando was a complainant and a witness in a
torture case against an Inspector of Police in the Negombo area against
whom the Commission on Bribery and Corruption had filed a case. He was
also the petitioner in a fundamental rights application in which he made
12 police officers of the Negombo area, including a Senior Superintendent
of Police respondents for assaulting his entire family, including his
wife and two young children, demanding that he should not give evidence
in court against the inspector who was charged with an offense relating
to corruption. Before his assassination, Mr. Fernando and his family were
threatened with death within 24 hours if they did not withdraw the
fundamental rights application filed in the Supreme Court. The police
officer named Bandara who threatened Mr. Ariyaratne with death on the
27th January 2009 is one of the respondents in this fundamental rights
application.
Shortly before the arson of Mr. Ariyaratne’s office, he and his wife who
is also a lawyer were working at the office in which all the case files
relating to their work were kept. When they left the office for some
personal reasons they saw a man walking past very hurriedly. He was
dressed in a sarong. Almost immediately after leaving the office they saw
the building burst into flames. They described the fire as intense.
After the couple called on the neighbours several of them arrived and
tried to put out the flames. After considerable effort they succeeded.
The furniture and tables in the office had been burned and many of the
case files on one side had also been destroyed. The extent of the full
damage has not yet been assessed.
Despite of calls the police did not arrive promptly. When they did
finally arrive they did not conduct a thorough investigation into the
fire. After the arrival of some friends, Mr. Ariyaratne went to the
Ragama Police Station and made a complaint. However, no inquiry has yet
started.
I want to underline that earlier, Mr. J.C. Weliamuna who was the senior
counsel for the widow in the fundamental rights application also came
under serious threat.
I am also deeply concerned by reports that the staff members of Right to Life,
a human rights organisation based
in Negombo which is assisting Mr. Fernando’s widow and family also
received death threats by anonymous callers.
Under these circumstances I am
urging you to :
·
Guarantee
in all circumstances the physical and psychological integrity of our
colleague Mr. Amitha Ariyaratne in
particular and of all staff members of the human rights centre “Right to
Life” ;
·
Order
a thorough and impartial investigation into the above-mentioned death
threats, in order to identify all those responsible, bring them before a
civil competent and impartial tribunal and apply to them the penal
sanctions provided by the law;
·
Put
an end to all acts of harassment against all human rights defenders and
humanitarian workers in Sri Lanka;
·
Conform
with the provisions of the UN Declaration on Human Rights Defenders,
adopted by the General Assembly of the United Nations on December 9,
1998, especially its Article 1, which states that “everyone has the
right, individually and in association with others, to promote and to
strive for the protection and realisation of human rights and fundamental
freedoms at the national and international levels”, and Article 12.2,
which provides that “the State shall take all necessary measures to
ensure the protection by the competent authorities of everyone, individually
and in association with others, against any violence, threats,
retaliation, de facto or de jure adverse discrimination,
pressure or any other arbitrary action as a consequence of his or her
legitimate exercise of the rights referred to in the present
Declaration”;
·
Ensure
in all circumstances respect for human rights and fundamental freedoms in
accordance with international human rights standards and international
instruments ratified by the Democratic Socialist Republic of Sri Lanka.
Thank you.
TAKE ACTION
NOW!
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bservatory for Defence
Rights and attacks against lawyers
