Suren Fernando LL.B. (Hons.) (Colombo), LL.M. (London) Attorney-at-Law

Transcription

1 Suren Fernando LL.B. (Hons.) (Colombo), LL.M. (London) Attorney-at-Law By Hand 5 th November 2014 Hon. Attorney General, Attorney General s Department, Hulftsdorp Dear Sir, Magistrate s Court of Colombo Case No. B 4414/08/2014 (Mr.Kurukulasuriya Marius Rukshan Fernando) I have been retained by Mr.Kurukulasuriya Marius Rukshan Fernando ( Ruki Fernando ), for the purpose of making representations to you regarding Magistrate s Court of Colombo Case No. B 4414/08/2014 wherein my client is named as a suspect. I am instructed that: 1. My client is a human rights defender and presently serves as an advisor to INFORM Human Rights Documentation Centre, located at 237/22, Vijaya Kumaratunga Mawatha, Colombo My client has been employed at several domestic and international institutions carrying out human rights related work. He has inter alia served as the Program Coordinator of the Asian Forum for Human Rights and Development, Bangkok; the Asian Coordinator of the International Young Christian Students Movement, Manila; a Coordinator of the National Peace Program of Caritas Sri Lanka; the Head of the Human Rights in Conflict Program of the Law and Society Trust, Colombo; and as the Chairman of Rights Now Collective for Democracy. He also presently serves on the Civil Society Committee of the Human Rights Commission of Sri Lanka, and has, for many years made representations and engaged in dialogue with the HRCSL on matters relating to human rights. 1 15A/2 Barnes Place, Colombo 7, Sri Lanka surenfernando@gmail.com

2 3. My client has been helping victims of human rights violations and their families to obtain legal and other humanitarian assistance, and towards such objective, he is constantly seeking to ascertain the truth of allegations relating to human rights violations, including, during the armed conflict, allegations of human rights violations carried out by the LTTE. He has also conducted training and awareness programs for Sri Lankan citizens (including students, priests, community based activists, military and police officers) on national and international laws related to human rights, peacebuilding and reconciliation, and delivered various talks and presentations both in Sri Lanka and abroad on these subjects. 4. In appreciations of my client s services, he was presented with the Justice and Peace award, in 2009, by the Bishop Tji Ha Soon Foundation in South Korea, and was also invited (also in 2009) by the United States Department of State to participate in the International Visitor Leadership Program in the United States of America. Previously, in 2008, he was presented with the Human Rights Defenders award by the Human Rights Office located in the Central Province. 5. Articles authored by my client related to human rights, justice and peace in English and Sinhalese have been published in websites such as and newspapers such as the Daily Mirror, the Sunday Leader, Ceylon Today, Ravaya, the National Catholic Reporter and Union of Catholic Asian News. 6. In or around March 2014, my client became aware, primarily through media reports, of allegations relating to the arrest of a lady named Jeyakumari and her young daughter from the Dharmapuram area in the Killinochchi district, the alleged arrest of a woman from a village near Vishvamadu, and the alleged house arrest of a woman in the Iyakachi area. 7. Towards ascertaining the factual position regarding the aforesaid allegations, my client visited the Killinochchi area on 15 th and 16 th March

3 8. Subsequently my client, and another Catholic Priest with whom he was travelling, were arrested by persons claiming to be Traffic Police near the Killinochchi Depot Junction. Upon my client s inquiries he was informed that the reason for his arrest was suspicion related to a shooting incident. My client was then taken to the Kilinochchi Police Station where he and the Catholic Priest were questioned separately. 9. A person identifying himself as the Officer in Charge of the Killinochchi Police Station informed my client that they were arrested on charges of assisting terrorism. 10. During the course of questioning my client was abused in foul language and was accused of discrediting the country. One person present threatened to assault my client, and many photographs were taken of my client. 11. Notwithstanding my client s requests to the OIC, he was denied the opportunity to contact his lawyers. 12. My client was also taken to the office of the Superintendent of Police, Vavuniya on 17 th March At both, the Killinochchi Police Station and the office of the Superintendent of Police, Vavuniya, my client was questioned about his activities in relation to assisting victims of human rights violations and their families to enjoy their human rights and obtain humanitarian assistance. 14. My client and the Catholic Priest were brought to Colombo in the early hours of the 17 th of March 2014, produced before the JMO Colombo and taken to the TID Colombo where he was further interrogated. 15. My client was also questioned about a person named Gobi, of whose existence my client only became aware due to the information provided by the officers of the TID. 3

4 16. On the afternoon of 17 th March 2014 an officer of the TID provided my client with a receipt of arrest wherein the alleged reasons for my client s arrest were set out as aiding and abetting the reorganizing of the LTTE, causing discomfort to the government and sending information overseas to earn money. 17. Subsequently, at about p.m. on 18 th March 2014, my client and the Catholic Priest was taken to the Athurugiriya hospital and produced before a JMO, and thereafter, at approximately 1.30 a.m. on 19 th March 2014, he was taken to the official residence of the Magistrate, produced before the Magistrate under B Report No. B 4002/08/14. The officers of the TID requested that the learned Magistrate release my client and the Catholic Priest as investigations had been completed and the investigations did not disclose that either my client or the Catholic Priest had assisted terrorism. 18. Accordingly the learned Magistrate ordered the release of my client. 19. Subsequently, when my client was not present at his residence, officers of the TID had visited his house (on 20 th March 2014) and being informed by his mother that his was not at home, and having ascertained his whereabouts, they served three Court Orders issued by the Colombo Magistrate on him (at Kirulapone). 20. The said Orders had been issued by the Learned Magistrate, based on a request made by the Officer in Charge of the TID, based on a B Report filed in Case No. 4414/08/14. In view of an error in one of the Orders, an amended / further order was subsequently served on my client. 21. The said Orders (which were applicable for an indefinite period of time): a) Order my client to refrain from sharing information, with any person locally or internationally, related to investigations being conducted by the TID related to case no. B 4414/08/14; b) Prevent my client from leaving the country save and except with the prior permission of Court; c) Required my client to handover an ipad, sim card and a hard disk. 4

5 22. It is noteworthy that my client had, upon being released on 19 th March 2014 (under B Report No. B 4002/08/14, on the basis that there was no material suggesting the involvement in any offence / criminal activity by my client) expressed certain views to the local and international media. 23. It was in the background of the expression of such views, and their receiving wide publicity that the TID had hastily, on 20 th March 2014 (one day later) sought to suggest that my client was a suspect in respect of yet another matter, and obtained ex parte orders in B/4414/08/ It thus appears that the naming of my client as a suspect in B/4414/08/2014 was a mala fide act, and an act of vengeance against my client, an internationally renowned human rights defender, having made statements to the media, after his release on 19 th March 2014 (under B Report No. B 4002/08/14). 25. Notwithstanding the aforesaid my client has complied with the terms of the Orders served on him in respect of B/4414/08/ However, being aggrieved by the said Orders, my client through his lawyers, had filed a Motion in B/4414/08/2014 on 21 st March 2014 (i.e. the very next day), and sought that the Orders be rescinded. However, the learned Magistrate refused the said application made on behalf of my client. 27. My client has not been questioned to date by the TID, after the filing of the said B Report relating to my client in B/4414/08/2014, over seven (7) months ago. 28. My client is also reliably aware that, although not served on him, the TID had sought and obtained (and served on several banks) an order directing that the said banks provide details of inward remittances received by my client from foreign sources. 29. However, the alleged suspicion against my client is that he made a remittance outward for unlawful purposes. 30. This further demonstrates the mala fide nature of the allegations against my client, and that the whole exercise was merely designed to harass my client. 5

6 In the aforesaid you would appreciate that the naming of my client as a suspect in B/4414/08/2014 was a mala fide act, and an act of vengeance against my client, an internationally renowned human rights defender, having made statements to the media, after his release on 19 th March 2014 (under B Report No. B 4002/08/14) and / or that there exist no grounds for any further investigations against my client and / or for treating my client as a suspect. You would undoubtedly further appreciate that the Orders sought by the TID, especially the Orders relating to the restriction of my client s freedom of speech and freedom of movement have no correlation to the alleged investigation against my client, and that same in any event constitute a continuing violation of my client s fundamental rights, including those referred to above. Further, the adverse publicity against my client, based on the aforesaid purported investigation, has resulted in him being hampered in carrying out his lawful activities and exercising his fundamental right to engage in his occupation. The adverse publicity has also inter alia caused grave pain of mind to my client, who has always stood for the human rights of ALL, notwithstanding differences of caste, creed, religion or ethnicity. In these circumstances, my client respectfully seeks your urgent intervention, towards appropriately advising the officers of the Terrorist Investigation Department of the Sri Lanka Police, and securing the discharge of my client from the proceedings in Magistrate s Court of Colombo Case No. B 4414/08/2014, and the immediate cancellation of the interim orders / orders made in the said case against my client. Thanking you, Yours faithfully, 6