ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
---------------------------------------------------------------------
SRI LANKA: A father of a son extra-judicially killed is
threatened with death for pursuing justice
SRI LANKA: Threat and intimidation; need for witness protection;
collapse of rule of law
---------------------------------------------------------------------
Dear friends,

The Asian Human Rights Commission (AHRC) has received the following letter from Dr. K. Manoharan of Trincomalee, whose son was one of five students murdered on 2 January 2006. As we believe that the problems he has raised are of the greatest importance from the point of view of witness protection in Sri Lanka we are reproducing the letter here.

In the past the AHRC has constantly raised the issue of witness protection and the deadly repercussions human rights victims have faced in the attempt to pursue complaints about gross violations of human rights. The case of Gerald Perera highlights this issue and there are so many other cases that we have presented in the past relating to this matter. The CAT Committee, in their sessions on Sri Lanka in November 2005, made the following recommendation on witness protection:

"In accordance with article 13, the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report. The State party should inquire into all reported cases of intimidation of witnesses and set up programmes for witness and victim protection."

We urge everyone to take appropriate action to assist Dr. Manoharan to find protection and in seeking justice for his son.

----------------------------------

Dr. K. Manoharan 14 St. Mary's Street Trincomalee

26 02 2006

Dear Sir

I am submitting the following facts for your kind information with a view to obtaining your advice and guidance.

My second son Manoharan Ragihar aged 20, a G.C.E_A/1 student who was one of the five students who was murdered on the 2nd January 2006 near the Mahatma Gandi statue between the Dockyard road and the Sea Beach, Trincomalee.

On the 10th of January 2006 there was a ministerial inquiry at the Magistrate court Trincomalee and I gave evidence on behalf of my son. After the inquiry was over, that night and for several nights after that, there were a number of telephone calls, threatening me and the lives of the other members of my family for having given such evidence. I have already informed you about this in writing.

Furthermore, following this incident, late at night some people started banging at the door of my house and throwing stones at the roof. I was scared to open the door to go out and see who was doing this. But everybody knows. After the continuing problems, the whole city has become silent and no civilians leave their homes. But the forces still walk around the city.

I and my wife are Medical Practitioners by Profession. But after my son's death we temporarily closed our Medical clinic. During the day strangers, coming by motorbikes, requested for treatment from me. But when my wife offers her services the strangers say they want to meet me personally, refuse her offer of treatment and leave. They do not leave their names and always wearing helmets to hide their faces.

After these fearful incidents my family members go to stay in different places at night.

After the death of my son a person helped in the purchase of household goods on one or two occasions. The forces asked him as to whom he purchased the goods for when his home was elsewhere. He told them he was helping me and they told him not to go to my house. My friends, regularly coming to meet my family to give moral support were also told them not to go to my house.

I often go to Magistrate's courts, after the inquiry till the case is taken up and I sit along with the parents of the other four victims. In my absence, the Police has been commenting that, we are 'kottiyas' (meaning Tigers) and speak in virulent language. All of these incidents create a moral fear in our minds.

I will bring to your notice, an incident to illustrate my fears: The Trincomalee reporter to the 'SUDAR-OLI' Tamil Newspaper had taken photos of the five students murdered and has given a vivid report of this incident. This appeared on the front page of the paper. This report highlighted the atrocities perpetrated on the Tamils by the forces, to the outside world. This reporter was shot dead on the 24th of this month at 6:30 am while going for work. The normal version of the authorities is that an unknown person has killed the victim. Normally the murders perpetrated by the armed forces go unnoticed, and are classified as being murders of unknown people and therefore investigations cannot be done. In this case of murder of these five students there is clear evidence to show that it was perpetrated by the armed forces.

Now I don't run the Medical Clinic fearing murder at any time for me or my wife or my other two sons. My two sons are unable to attend school, because the forces ask them whether they are the brothers of the 'late kottiya'. As the newspaper had published the photos of my late son along with my own and my other sons, it is also risky for us to settle in any other part of the island.

Sir, I think you can understand the risk to life I and my family are facing. We cannot get over the deepest sorrow of missing my loving son Ragihar and we really do not want another death in our family. Can you help me in any way to at least safeguard the other members of my family?

------------------------------------------
SUGGESTED ACTION:
Please write to the relevant authorities listed below voicing your concern for the welfare of Dr. Manoharan and his family. An independent and thorough investigation should be conducted immediately into who it is that is monitoring, threatening and intimidating the family. Criminal charges must be laid against those responsible so as to prevent them from further intimidating the family. During this process, appropriate protection must be provided to Dr. Manoharan and his family who should in no form be subjected to threat merely for seeking justice for the murder of their son.

Suggested letter:

Dear _______________,

SRI LANKA: A father of a son extra-judicially killed is threatened with death for pursuing justice

I write to voice my concern over the welfare and safety of a Dr. Manoharan and his family, who has recently received death threats and been subject to other forms of threat and intimidation merely for seeking justice in the murder of his son.

This situation is extraordinarily tragic and cruel. Not only has this family suffered the agony of losing a loved one, but they now face threats against their own life in trying to pursue the perpetrators of their son's death. That this is possible lies in the hands of the State, who have failed to provide protection to people who have suffered gross human rights abuses through no fault of their own. If seeking justice in Sri Lanka weren't difficult enough, this situation makes the task all the more complicated.

The United Nations Committee against Torture, in their sessions on Sri Lanka in November 2005, made the following recommendation on witness protection:

"In accordance with article 13, the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report. The State party should inquire into all reported cases of intimidation of witnesses and set up programmes for witness and victim protection."

Despite this recommendation, to my knowledge there is no such protection afforded to witnesses. While the Government of Sri Lanka continues to avoid this recommendation and fails the victims and witnesses of crimes, it will continue to support the intimidation of these persons and will in the process hinder the search for justice.

I therefore urge you to take the necessary steps to have this matter investigated and to provide immediate protection to Dr. Manoharan and his family.

Yours sincerely,

-------------------------------------
PLEASE SEND LETTERS TO:

1. Lieutenant General G S C Fonseka
Commander of the Army
Army Command and Staff College
Sapugaskanda
Makola
Sri Lanka
Tel: + 94 11 296 4218, 296 3792
Fax: +94 11 296 2151<
Email: slacsc@email.com

2. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk

3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

4. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

5. Dr. Radhika Coomaraswamy
Chairperson
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

6. 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: polcom@sltnet.lk

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXTRAJUCIDICIAL EXECUTIONS)
Email: urgent-action@ohchr.org

Thank you.
Urgent Appeal Programme

Asian Human Rights Commission hrchk@ahrchk.org

March 08, 2006