Sri Lanka
10.02.04
Urgent Interventions
Sri Lanka: still no protection for Michael Anthony Fernando
Case LKA 180203.4
Death threats / Risk to personal integrity
Geneva, February 10th, 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
continuing risks to the personal integrity of Mr. Michael Anthony
Emanuel Fernando, a torture victim in Sri Lanka, who has now been
forced into hiding, having received death threats and having been the
victim of a failed kidnapping attempt on February 2nd, 2004. As a
result of this attempted kidnapping, in which Mr. Fernando was
sprayed in the face with chloroform, he was taken unconscious to
hospital.
Having been revived and later discharged from hospital at 12.30 pm on
February 7th, Mr. Fernando was initially accompanied home by the two
armed policemen who had been guarding him at the hospital under
orders from the Sri Lankan Ministry of Defence. However, according to
a statement made by the victim, the policemen told him that they were
only tasked with providing him with protection until they reached his
home, and that if he required further protection he should contact
their superiors. It is worth noting that Mr. Fernando has been the
target of a number of death threats and there have been numerous
requests at both the national and international levels for the
authorities to provide him with protection, in light of his
precarious situation.
As a result of the failure of the authorities to provide him with
adequate protection, Mr. Fernando has been forced into hiding and is
now living like a fugitive. He is reportedly unable to attend his
work or help his family and lives in constant fear for his life. A
request for protection made on his behalf to the President, who is
also in charge of the Ministry of Defense, has reportedly yielded no
result.
Furthermore, no one has yet been arrested in spite of the complaints
lodged by Mr. Fernando with the authorities concerning the recent
attempted kidnapping. All that has reportedly been done has been the
collection of Mr. Fernando's statement, but further no action is
reported.
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 calls made at the national and international
levels 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.
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. The bearded assailant then reportedly
sprayed chloroform into Mr. Fernando'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.
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;
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 10th, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Death threats / Risk to personal integrity
Geneva, February 10th, 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
continuing risks to the personal integrity of Mr. Michael Anthony
Emanuel Fernando, a torture victim in Sri Lanka, who has now been
forced into hiding, having received death threats and having been the
victim of a failed kidnapping attempt on February 2nd, 2004. As a
result of this attempted kidnapping, in which Mr. Fernando was
sprayed in the face with chloroform, he was taken unconscious to
hospital.
Having been revived and later discharged from hospital at 12.30 pm on
February 7th, Mr. Fernando was initially accompanied home by the two
armed policemen who had been guarding him at the hospital under
orders from the Sri Lankan Ministry of Defence. However, according to
a statement made by the victim, the policemen told him that they were
only tasked with providing him with protection until they reached his
home, and that if he required further protection he should contact
their superiors. It is worth noting that Mr. Fernando has been the
target of a number of death threats and there have been numerous
requests at both the national and international levels for the
authorities to provide him with protection, in light of his
precarious situation.
As a result of the failure of the authorities to provide him with
adequate protection, Mr. Fernando has been forced into hiding and is
now living like a fugitive. He is reportedly unable to attend his
work or help his family and lives in constant fear for his life. A
request for protection made on his behalf to the President, who is
also in charge of the Ministry of Defense, has reportedly yielded no
result.
Furthermore, no one has yet been arrested in spite of the complaints
lodged by Mr. Fernando with the authorities concerning the recent
attempted kidnapping. All that has reportedly been done has been the
collection of Mr. Fernando's statement, but further no action is
reported.
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 calls made at the national and international
levels 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.
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. The bearded assailant then reportedly
sprayed chloroform into Mr. Fernando'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.
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;
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 10th, 2004
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.