ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-072-2008

7 April 2008
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SRI LANKA: Whereabouts unknown of a man detained for questioning

ISSUES: Arbitrary arrest and detention; abduction; disappearance; rule of law
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ONLINE PETITION: Monitoring Mission for Sri Lanka
http://campaigns.ahrchk.net/monitoringsl/ 

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding another case in which the whereabouts of a man remain unknown after arrest in Colombo, allegedly by officers from the Criminal Investigation Division (CID) on 20 March 2008.

CASE DETAILS:

According to the information received, at around 9:30pm on March 20, seven persons in civilian dress and another dressed in the uniform of the Special Task Force (STF), all bearing firearms rushed into the house of Mr. Peer Adumai Mohamed Rafeek. One of them pulled Peer by his shirt and identified the team as being from the CID Head Branch in Colombo. They further said that they wanted to question him but failed to provide specific reason for his arrest. They then took him in the white van and told his wife to come to the Slave Island Police Station the following day.

The next day, March 21, when his wife went to the Slave Island Police Station, she was told by the police that they knew nothing about her husband and this incident. From the information received, the police did not receive any complaint regarding this case on the same day but a case in this regard was filed on March 22 at the police station in the area where Peer resided. The victim's wife has informed the Human Rights Commission, the Presidential Commission and the CID Police Headquarters about this incident, but his whereabouts remain unknown and no information has been given to the victim's wife.

ADDITIONAL COMMENTS:

This incident shows yet another case of illegal arrest of a man which has great potential for the victim to be disappeared. As a matter of fact, when an arrest occurs, many family members are not informed from the law enforcement agencies regarding the reason of arrest, the place where they are taking the person or the legal rights to take regarding the arrest. Once the person is taken away, there is no way to find the person.

On occasion, when an abductee/arrestee is able to let his family members know in which station he is being held, or they find out by some other means, no trace of them is found when the family go in search of them at the particular station and the officers there deny all knowledge. Although there are set procedures for arrest and detention in Sri Lanka, they are rarely, if ever, complied with.

Please also see a case that whereabouts of a man is unknown after arbitrary arrest (AHRC-UAC-049-2008). There is also a case of failure to allegedly abduct a journalist early this year (AHRC-UAC-UAC-001-2008).

The AHRC has earlier reported several lists of persons in recent months who have been victims of these continuing killings and disappearances; UP-166-2007, UP-162-2007, UP-157-2007, UP-151-2007, UA-318-2007, UP-123-2007, UP-117-2007, UP-061-2007 and UA-113-2007.

Please also see the statements concerning the continuing incidents of violent abductions and forced disappearances: AS-285-2007, AS-245-2007, AS-216-2007, AS-214-2007, AS-082-2007, AS-027-2007 and AS-025-2007.

Several cases of extrajudicial killings and disappearances cases have been reported, yet the government has so far failed to prosecute those responsible. Human Rights Watch has also expressed concerns over the disappearances in Sri Lanka. (See further: AHRC-FST-019-2008)

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this abduction and to provide information about the victim's whereabouts.

Please be informed that the AHRC is writing separate letters to the UN Working Group on Arbitrary Detention calling for an intervention in this case.

To support this appeal, please click here:

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SAMPLE LETTER:

Dear __________,

SRI LANKA: Whereabouts unknown of a man detained for questioning

Details of victim:  Mr. Peer Adumai Mohamed Rafeek married with 3 children attending school; earns his living by hiring three-wheelers from others; forcibly abducted from his residence on 20 March 2008; his whereabouts is unknown
Name of alleged perpetrators: Eight persons from Criminal Investigation Division (CID), Police Head quarters

I am writing to voice my deep concern regarding the illegal arrest of a man from his house by eight persons claiming to be from the CID in Colombo on 20 March 2008.

According to the information that I have received, they forcibly took Peer in a white van and told his wife to come to the Slave Island Police Station on next day. However the police from the station claimed they did not know anything about Peer and his whereabouts is to date unknown.

This incident shows that how all processes of the Criminal Procedures Code of Sri Lanka are simply denied by law enforcement agencies. Whenever an arrest occurs, the family have the right to be informed the reason of arrest and the place where the law enforcement agencies take to. This case also shows how difficult for victim's relatives to get the whereabouts of the person taken by law enforcement agencies. Regardless that the alleged perpetrators are law enforcement agencies as victim's wife claimed, it is the state's responsibility to locate him as earlier as possible and to ensure his physical and psychological integrity.

I therefore strongly urge you to locate his whereabouts as a matter of priority and make sure of his safety. I urge that all process of the police investigation be informed to the family members. I further urge that a thorough and impartial investigation be conducted against those responsible.

I also take this opportunity to ask that more attention to be paid to adhering to basic criminal procedure laws in Sri Lanka. Where police officers are responsible for repeated and flagrant violations of the basic provisions of law in handling cases such as this, it makes a mockery of the entire legal process and all but eliminates the possibility of any kind of fair judicial inquiries or legal redress for victims of abuses. If even the domestic law cannot be properly enforced, then there can be few if any expectations that Sri Lanka can ever comply with international standards.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. 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
E-mail: secretary@presidentsoffice.lk 

2. Mr. Ratnasiri Wickremanayake
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Fax: +94 11 2 575454
Tel: +94 11 2 575317-8 or 370 737-8

3. Hon. Amarasiri Dodangoda, MP
Minister of Justice
Ministry of Justice and Law Reforms
Superior Courts Complex,
Colombo 12
Fax: +94 11 2325354 / 2445446
Tel: +94 11 2384837, 2324681, 2392932

4. Hon. Rohitha Bogollagama, MP
Minister of Foreign Affairs
Mnistry of Foreign Affairs
Republic Building, Colombo 01,
Sri Lanka
Fax: +94-11-2446091
Tel: +94-11-2325371 / 5
E-mail: publicity@formin.gov.lk 

5. Secretary
Ministry of Defence, Public Security, Law and Order
15/5, Baladaksha Mawatha,
Colombo 03,
SRI LANKA
Fax: 94 11 2 446300 or 421529
Tel: 94-11 2 430860-9, 430878-9 or 435879 (for the secretary)
E-mail: secdef@sltnet.lk 

6. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk 

7. Mr. Neville Piyadigama
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Fax: +94 11 2 395867
Tel: +94 11 2 395310
E-mail: npcgen@sltnet.lk 

8. Mr. C.R. De Silva
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

9. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Fax: +94 11 2 694 924 / 696 470
Tel: +94 11 2 694 925 / 673 806
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)