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20 December 2011OPEN LETTEROPEN LETTEROPEN LETTEROPEN LETTERHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEHIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSEOffice of the President,Temple Trees, 150, Galle Road,Colombo 3, Sri LankaHis Excellency President Rajapakse,The Asian Federation Against Involuntary Disappearances (AFAD) recently received reportsregarding the enforced disappearance of two human rights defenders, Mr. Lalith Kumar Weeraraja and Mr. Kugan Muruganandan.The above-mentioned persons were last seen leaving the residence of Mr. Muruganandan onAvarangal, Jaffna on a motorbike (license no NP GT 7852) on the 9th of December 2011 at5:00 p.m. At the time they disappeared, they were organizing a press conference for the 10

of December International Human Rights Day to project the protest action of the Movementfor People’s Struggle in Colombo on 13th December 2011.The families have not seen the two men since then. They were unofficially informed thatboth human rights defenders were kept in an unidentified detention facility in Jaffna district.By eleven in the evening of the 9

of December, the father of Mr. Weeraraja reportedlyreceived phone calls threatening to kill Mr. Weeraraja and further stating “either youremove your son from Jaffna or we will do it for you.” The incident was lodged as acomplaint under the Kosgama Police Station on the 11

of December 2011 (CIB 94/133).Mr. Weeraraja serves as the Executive Committee member of the organization, “We Are SriLankans” and the Jaffna Coordinator of the Jana Aragalaya (People’s Struggle) movementwhile Mr. Muruganandan actively assisted Mr. Weeraraja in the conduct of his human rightswork. Both defenders were campaigning against enforced disappearances, promotion of therights of the internally displaced persons in the north and the release of political prisonersamong others.

Asian Federation Against Involuntary Disappearances

Rms. 310-311 Philippine Social Science Center Building Commonwealth Avenue, Diliman, 1103 Quezon City PhilippinesTelefax: 00-632-4546759 Telephone Number 00-632-4907862 Mobile 00-63-9177924058Email

afad@surfshop.net.ph

website www.afad-online.org

Prior to their disappearance, Mr. Weeraraja previously suffered from threats by the army andpolice regarding his work.In April 2011, Mr. Weeraraja and a colleague were arrested by the Vavuniya police andthreatened to be shot while putting up posters about enforced disappearances in the North.On the 23rd of June 2011, he and another colleague were again abducted by officers of theKillinochchi army camp (Depo Junction) and were detained and interrogated in anabandoned ice-cream factory.On the 14th of November 2011, Mr. Weeraraja with other human rights defenders sufferedfrom severe beatings by unidentified men during a protest with the families of thedisappeared in Jaffna in front of the Jaffna town bus stand. The beatings happened in front of the military, who did not intervene and stop the attack.AFAD strongly condemns the disappearance of the Mr. Weeraraja and Mr. Muruganandan.The work of both human rights defenders’ is crucial in demanding justice for the victims of enforced disappearances of the Tamils in the North. The disappearance of Mr. Weeraraja andMr. Muruganandan was clearly an act to suppress efforts to uncover the truth behind cases of disappearances in the past.The Federation demands for the Rajapaksa administration to:1.

Immediately intervene and investigate the disappearance of Mr. Lalith Kumar Weeraraj and Mr. Kugan Muruganandan particularly the allegations that governmentsecurity forces are responsible for the act.The conduct of the investigations must lead to the disclosure of the whereabouts of the victims, the release of the victims from custody, the disclosure of the identity of the perpetrators including the grounds in which both human rights defenders wereheld. Specifically, the threatening phone calls received by Mr. Weeraraja’s father must be thoroughly investigated to establish leads to the whereabouts of the victimsand the perpetrators;2.

The past harassments and threats to Mr. Weeraraja (April 2011 threats involving theposters of the disappeared, abduction and detention on the 23

of June 2011 byofficers of the army camp in Killinochchi, and the beatings on the 14

of November during the protest action by the families of the disappeared) must also be investigatedwith the erring officials sanctioned and brought before the court of law;

Ensure that an impartial investigation will be conducted, with the proceedings heldwith transparency. Information regarding the case must be made accessible to thefamilies, other parties concerned and the public;4.

Ensure the protection of the families of Mr. Weeraraj and Mr. Muruganandan as wellas other human rights defenders intervening with and on behalf of the victims inpursuing for legal remedies.The Federation urges the Government of Sri Lanka for the compliance to Article 3 of theUniversal Declaration of Human Rights stating

“…the right to life, liberty and security of person”.

The UN Declaration on the Protection of All Persons from Enforced Disappearancehas emphasized enforced disappearance as an offense to human dignity and violates

“…the right to recognition as a person before the law, the right to liberty and security of the person and the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment,”.

The International Convention for the Protection of All Persons fromEnforced Disappearance (ICPAPED) under Article 1 subsequently reiterated the right not tobe subjected to enforced disappearance and that no circumstances can be invoked to justifyenforced disappearance.Enforced disappearance brings immense suffering both to the victim and their families. Wetrust that the Rajapaksa administration will recognize state obligations prescribed under theinternational human rights instruments particularly in ending enforced disappearance andthe firm refusal to tolerate enforced disappearance.We trust that the Government of Sri Lanka will heed the plight of the family as they demandfor the truth behind the disappearance of their loved ones, Mr. Weeraraja and Mr.Muruganandan, and the prosecution of perpetrators responsible for the assault to the dignityof both human rights defenders.We shall await the immediate intervention regarding the said case.Thank you.For the protection of human rights,MARY AILEEN D. BACALSOMARY AILEEN D. BACALSOMARY AILEEN D. BACALSOMARY AILEEN D. BACALSOSecretary-General