Sri Lanka
02.08.01
Urgent Interventions

Sri Lanka: Arbitrary arrest and torture of University Students Union former secretary

URGENT APPEAL – THE OBSERVATORY

LKA 001 /0108/ OBS 067
Arbitrary arrest / Torture / Closure of University
Sri Lanka
August 2nd, 2001


The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, requests your urgent intervention in the following situation in Sri Lanka.

Brief description of the situation:

The Observatory has been informed by a reliable source of the arbitrary arrest and detention by the Sri Lankan Army of 24-year old Thivyan Krisnasamy, the former secretary of the Jaffna University Students Union, on July 2nd, 2001, in Jaffna, Sri Lanka.

According to the information received, Mr. Krisnasamy has also been heavily involved in the “Tamil Upsurge” movement, a non-violent movement that is protesting against the State Armed Forces and demanding self-determination for the Tamils and calling for an end to the current conflict. Since 1996, Mr. Krisnasamy has also reportedly been active in protesting against large scale disappearances in Jaffna, incidents involving sexual violations of Tamil women by the Sri Lankan Armed Forces, killings of students and journalists, and participated in rescuing Tamil civilians trapped in Pallai at the height of the conflict. This has likely resulted in him being targeted by the Sri Lankan Authorities, and led to his arrest. According to reports made by fellow students, death squads armed with pistols have already threatened to kill him on two occasions.

According to the information received, Mr. Krisnasamy, a final year student of the Science Faculty at the University of Jaffna, and former Secretary of the University’s Student Union, was arrested by members of the Sri Lankan Army in Inuvil, while on his way back to his home in Jaffna, having visited relatives. Mr. Krisnasamy was reportedly severely assaulted at the time of his arrest. He was then moved to a detention facility at a military base in Kankesanthurai. He is being accused of being a member of the Liberation Tigers of Tamil Eelam (LTTE) and conducting “subversive activity.” Initially, the military claimed that he was in possession of dangerous weapons at the time of his arrest, although this was later refuted by the base’s commanding officer, Major General Susil Chandrapala on July 9th. Media reports, allegedly stemming from the military, also claimed that the Army had seized equipment including a Photostat machine, generator, computer, printer, etc, from Mr. Krisnasamy’s house, following a search, although these reports are also apparently false, with the seized equipment having actually been confiscated from a nearby telecommunications center that was reportedly suspected of involvement with the LTTE.

According to the information received, Mr. Krisnasamy has been tortured during his detention, in order to get him to falsely confess that he is involved with the LTTE, which can then be used against him as evidence in a trial. Under Sri Lanka’s Prevention of Terrorism Act, confessions made while in detention are admissible as evidence. Mr. Krisnasamy is reportedly having difficulty moving his limbs as a result of the torture. On July 25th he was reportedly produced before the Jaffna Magistrate and has been remanded until August 14th.

According to the information received, Mr. Krisnasamy received a visit by his mother around three days after his arrest, and was also later visited by a group of student representatives and university officials, who claim that Mr. Krisnasamy had visible traces of the alleged torture on his face and hands. In response to his arrest, students at Jaffna University began boycotting classes, which eventually led to the university being closed down on July 10th for an indefinite period by the authorities, in a bid to end protests against the security forces. Several other Tamil universities, medium schools and government and provincial offices have closed down to protest against Mr. Krisnasamy’s arrest and Jaffna University’s closure.

The Observatory is deeply concerned about Mr. Krisnasamy’s physical and psychological integrity, and more generally the Sri Lankan authorities use of arbitrary arrests and torture against Tamil activists.



Action requested:

Please write to the authorities of Sri Lanka urging them to:

i. guarantee the physical and psychological integrity of Mr. Krisnasamy;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. put an end to all forms of harassment of human rights defenders and their organisations;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 19998, in particular its article 1 which provides that “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level” and its article 3 according to which “everyone has the right to freely publish, impart pr disseminate to others views, information and knowledge on all human rights and fundamental freedoms”.
v. ensure respect for human rights and fundamental freedoms at all times and in all circumstances in accordance with national laws and international human rights standards.

Addresses:

· Her Excellency President Chandrika B. Kumaratunga, Presidential Residence, Colombo 3, Sri Lanka Fax: 94 - 1 - 333 - 703
· Mr. Mangala Samaraweera, Minister of Posts, Telecommunications and Media, Old CTO Building Lotus Rd, Colombo 1, Sri Lanka
· Inspector General of Police, Police Headquarters, New Secretariat, Colombo 1, Sri Lanka
· Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch
· Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: (0171) 262-7970, E-mail: lancom@easynet.co.uk

The Embassy of Sri Lanka in your respective countries.

Kindly inform the International Secretariat of any action undertaken quoting the code of this appeal in your reply.

Geneva, August 2nd. 2001

Kindly inform us of any action undertaken, quoting the reference number given above.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line
Tel : FIDH : +33 (0) 1 43 55 20 11
Tel: OMCT : +41 22 809 49 39
E-mail : observatoire@iprolink.ch