Sri Lanka
03.02.04
Urgent Interventions
Sri Lanka: attempted kidnapping of Mr. Michael Anthony Fernando
Case LKA 180203.3
Attempted kidnapping of torture victim / Death threats / Risk to personal integrity
Geneva, February 3rd, 2004
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the attempted kidnapping and violation of personal integrity of Mr. Michael Anthony Emanuel Fernando, a torture victim in Sri Lanka, who has received death threats as a result of complaints made at the national and international level concerning his having been subjected to human rights violations.
According to the information received, on February 2nd, 2004, Mr. Fernando went to see a friend on Kalubowila Hospital Road. As his friend was not there, he was going to visit another friend instead when a bearded person reportedly exited a van and approached Mr. Fernando, inquiring about whether he was in fact the man who has asked for police protection and complained to the United Nations about human rights violations. It is worth noting here that, on January 9th, the United Nations Human Rights Committee requested that the Sri Lankan Government protect the life of Mr. Fernando, who has complained on several occasions about serious threats to his life, due to the complaints of human rights violations that he has made to Sri Lankan courts as well as to the UN Human Rights Committee.
The bearded assailant then reportedly sprayed chloroform into Mr. Fernado’s face and held a handkerchief to his mouth. Mr. Fernando felt dizzy and but was able to escape and ran to a nearby tailor shop where he collapsed. Someone from the shop informed his father who took him to the hospital. Mr. Fernando was in an unconscious state upon arrival at the hospital but the doctors have since managed to revive him. He is now reportedly recovering but complains of a burning sensation as a result of the attack. Our sources indicate that, had Mr. Fernando’s would-be assailants managed to get him into the van, he would have been at considerable risk of forced disappearance and potentially death. This gives rise to further concerns for his personal integrity.
The International Secretariat of OMCT urges the Sri Lankan authorities to immediately take all measures necessary to guarantee Mr. Michael Anthony Emanuel Fernando’s physical and psychological integrity, given this latest escalation in the harassment and threats to which he has been subjected in recent months. He has reportedly frequently been threatened and attacked despite the many pleas he has made for protection. The fact that this most recent and grave attack has taken place despite the special request made by the United Nations Human Rights Committee for the authorities to provide him with protection is of particular concern.
Background Information
After being sentenced to a one year term of imprisonment on the basis of alleged contempt of court, Mr. Fernando has filed several cases of human rights violations against several prison guards who have allegedly tortured him while he was in the custody. Mr. Fernando has also filed a communication before the United Nations Human Rights Committee challenging the validity of the Supreme Court Judgement, declaring that it has no basis in law and violates his fundamental rights. Former Special Rapporteur for the independence of the Judiciary and Lawyers, Dato Param Curamarswarmy, publicly denounced the judgement of the Supreme Court as an "act of injustice" by the Supreme Court of Sri Lanka. Mr. Fernando was in fact released from detention, in part due to AHRC and OMCT’s efforts and the support provided by their urgent appeals networks.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Michael Anthony Emanuel Fernando, in line with the request made by the United Nations Human Rights Committee and Sri Lanka’s obligations under international law;
ii. take appropriate measures to put an immediate end to the threats, harassment and attacks to which he is being subjected;
iii. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 3rd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Attempted kidnapping of torture victim / Death threats / Risk to personal integrity
Geneva, February 3rd, 2004
The International Secretariat of OMCT has received new information regarding the following situation in Sri Lanka.
New information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the attempted kidnapping and violation of personal integrity of Mr. Michael Anthony Emanuel Fernando, a torture victim in Sri Lanka, who has received death threats as a result of complaints made at the national and international level concerning his having been subjected to human rights violations.
According to the information received, on February 2nd, 2004, Mr. Fernando went to see a friend on Kalubowila Hospital Road. As his friend was not there, he was going to visit another friend instead when a bearded person reportedly exited a van and approached Mr. Fernando, inquiring about whether he was in fact the man who has asked for police protection and complained to the United Nations about human rights violations. It is worth noting here that, on January 9th, the United Nations Human Rights Committee requested that the Sri Lankan Government protect the life of Mr. Fernando, who has complained on several occasions about serious threats to his life, due to the complaints of human rights violations that he has made to Sri Lankan courts as well as to the UN Human Rights Committee.
The bearded assailant then reportedly sprayed chloroform into Mr. Fernado’s face and held a handkerchief to his mouth. Mr. Fernando felt dizzy and but was able to escape and ran to a nearby tailor shop where he collapsed. Someone from the shop informed his father who took him to the hospital. Mr. Fernando was in an unconscious state upon arrival at the hospital but the doctors have since managed to revive him. He is now reportedly recovering but complains of a burning sensation as a result of the attack. Our sources indicate that, had Mr. Fernando’s would-be assailants managed to get him into the van, he would have been at considerable risk of forced disappearance and potentially death. This gives rise to further concerns for his personal integrity.
The International Secretariat of OMCT urges the Sri Lankan authorities to immediately take all measures necessary to guarantee Mr. Michael Anthony Emanuel Fernando’s physical and psychological integrity, given this latest escalation in the harassment and threats to which he has been subjected in recent months. He has reportedly frequently been threatened and attacked despite the many pleas he has made for protection. The fact that this most recent and grave attack has taken place despite the special request made by the United Nations Human Rights Committee for the authorities to provide him with protection is of particular concern.
Background Information
After being sentenced to a one year term of imprisonment on the basis of alleged contempt of court, Mr. Fernando has filed several cases of human rights violations against several prison guards who have allegedly tortured him while he was in the custody. Mr. Fernando has also filed a communication before the United Nations Human Rights Committee challenging the validity of the Supreme Court Judgement, declaring that it has no basis in law and violates his fundamental rights. Former Special Rapporteur for the independence of the Judiciary and Lawyers, Dato Param Curamarswarmy, publicly denounced the judgement of the Supreme Court as an "act of injustice" by the Supreme Court of Sri Lanka. Mr. Fernando was in fact released from detention, in part due to AHRC and OMCT’s efforts and the support provided by their urgent appeals networks.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Michael Anthony Emanuel Fernando, in line with the request made by the United Nations Human Rights Committee and Sri Lanka’s obligations under international law;
ii. take appropriate measures to put an immediate end to the threats, harassment and attacks to which he is being subjected;
iii. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
· Hon. Mr. K. C. Kamalasabesan, Attorney General, Attorney General's Department, Colombo 12, SRI LANKA, Fax: +94 11 2 436 421, Email: attorney@sri.lanka.net or counsel@sri.lanka.net
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, February 3rd, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.