Disappearances and the Struggle for Truth and Justice

8/11/2019 Disappearances and the Struggle for Truth and Justice

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Disappearances and thestruggle for truth and justice

by Ruki - on 08/30/2014

30th ugust is the !nternational Day of

the "icti#s of $nforced Disappearances% &ens of thousands ha'e

disappeared in (ri )anka in last fe* decades+1,% n this day. fa#ilies of

disappearances in (ri )anka *ill gather in "a'uniya in the orth. to once

again publicly appeal to nd their lo'ed ones. at least kno* the truth of

*hat happened to the#. and hold those accountable to justice%

ro# the day their lo'ed ones had disappeared. fa#ily #e#bers ha'e been

physically going to 'arious #ilitary ca#ps. co#plaining to the olice.
http://groundviews.org/2014/08/30/disappearances-and-the-struggle-for-truth-and-justice/http://groundviews.org/2014/08/30/disappearances-and-the-struggle-for-truth-and-justice/http://groundviews.org/author/ruki/http://groundviews.org/images/groundviewslogo.pnghttp://groundviews.org/author/ruki/http://groundviews.org/2014/08/30/disappearances-and-the-struggle-for-truth-and-justice/http://groundviews.org/2014/08/30/disappearances-and-the-struggle-for-truth-and-justice/


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ational u#an Rights o##ission. !nternational o##ittee of the Red

ross 5!R6 and 'arious o##issions of !n7uiry appointed by the

go'ern#ent% (o#e ha'e led habeas corpus cases% (o#e ha'e sent

co#plaints to the 9orking :roup on $nforced and !n'oluntary

Disappearances% &hey share their stories *ith :s. la*yers. researchers.

journalists. clergy. diplo#ats. politicians etc% &hey join protests. se#inars

and other such e'ents% ;ut todate. 'ast #ajority ha'e no ans*ers%

! ha'e got to kno* so#e fa#ilies closely. acco#panied so#e physically in

their search and been trying to help their struggles in 'arious *ays.

especially in helping the# to tell their stories to others *ho *e thought

#ay care% ! ha'e seen rst-hand. their pain. frustration and fear. e'en as !

ad#ired their perse'erance and courage to pursue truth and justice% !t has

also been a frustrating and painful journey e'en for #e. often ending up

feeling helpless and po*erless and not kno*ing *hat to say *hen

confronted *ith their 7uestions. pain and tears%

(adly. ! ha'e seen 'ery little e#pathy and support for fa#ilies of

disappeared fro# the (ri )ankan go'ern#ent and 'ast #ajority of (ri

)ankan people% !nstead. *hat these fa#ilies ha'e got is threats.

inti#idations. obstructions and insults% &he fe* la*yers. clergy. diplo#ats.

hu#an rights defenders. journalists that ha'e been supporting the# ha'e

also been subjected to threats. inti#idation and insults. and ! ha'e also not

been spared%

Disrupting a Religion 5(R6. along *ithso#e other hu#an rights defenders. la*yers. clergy and diplo#ats% (R is

located in the pre#ises of a atholic church in the heart of olo#bo% 9e

had gathered for a


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#ob including so#e ;uddhist @onks broke into (R and tried to enter the

#eeting roo# *here *e *ere ha'ing the #eeting+2,% (o#e of us fro#

olo#bo tried to stop the #ob fro# getting inside the #eeting roo# and

pleaded *ith the# to lea'e% ! sa* the fa#ilies of disappeared A children A

#en A *o#en. had left the chairs and *ere sitting on the ground. co*ering

in fear. *ith so#e crying and so#e clinging on to diplo#ats and atholic

sisters *ho *ere present% &he olice rejected our appeals to pro'ide

protection to the #eeting and fa#ilies of disappeared persons and disperse

the in'aders% !nstead. the olice asked the #eeting to be stopped and

fa#ilies of disappeared to be sent back ho#e% 9e insisted that the olice

should disperse the #ob *hich had in'aded a pri'ate property and a

pri'ate #eeting. but the olice *as only *illing to do that after #ore than

an hour later%

&his unfortunately is not an isolated incident. rather. itBs pattern for the last

se'eral years. *hich appear to ha'e intensied since the last !nternational

Day of the "icti#s of $nforced Disappearances%

!nti#idation before the #eeting 5ugust 20146

;efore the #eeting at (R. so#e of the participants fro# the orth had

recei'ed inti#idating calls fro# persons clai#ing to be fro# the ri#inal

!n'estigation Di'ision 5!D6 of the olice% ne of the orth based organisers

of the e'ent *as asked by an anony#ous caller *hether he is taking

fa#ilies of disappeared to olo#bo% faC *as sent around by a person

falsely clai#ing to be the #ain organiser *ith #isleading infor#ation about

the e'ent+3,% &he faC falsely clai#ed the #eeting *as to discuss ho* to

send infor#ation to the in'estigation into allegations of *ar cri#es andasked #edia to gi'e co'erage to the e'ent *hen it *as actually an

in'itation only. closed door #eeting% olice ocers had also 'isited another

hristian institution in *hich the fa#ilies *ere to be acco##odated on

4th ugust night and had asked to be infor#ed once the fa#ilies arri'e%

)ater in the day. after the fa#ilies of disappeared had left the 'enue of the


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#eeting. the 'enue *as 'isited by the olice to check *hether any fa#ilies

had re#ained%

alse accusations. discrediting fa#ilies of disappeared persons and anti-

disappearance acti'ists 5ugust 20146

&he day after the (R incident. one of the leaders of the #ob #ade a series

of false accusations against fa#ilies of disappeared persons and anti-

disappearance ca#paigners in (ri )anka% @y photo *as sho*n and ! *as

falsely accused of ha'ing pro'ided shelter to those re'i'ing the )&&$% Re'%

r% (athi'el. a long ti#e supporter of fa#ilies of disappeared persons. *as

accused of ha'ing being chased a*ay fro# the hurch and ha'ing no place

to stay. an accusation his ;ishop denied publicly% &he atholic ;ishop of

@annar. Rt% Re'% Dr% Rayappu ?oseph. *ho has #ade a detailed sub#ission

on disappearances to the )essons )earnt > Reconcilliation o##ission

5))R6. long ti#e anti disapperances ad'ocates i#alka ernando and ;rito

ernando *ere all branded as )&&$ supporters and traitors% a#ilies of

disappeared persons *ho had attended the #eeting *ere falsely accused of

all being fro# fa#ilies of )&&$+4, #e#bers *ho had been killed%

rrest of #other of disappeared &a#il boy 5@arch 20146

n 13th @arch 2014. @s% ;alendran ?eyaku#ari. *as arrested at her house

in the Eilinochchi district. orthern (ri )anka by the &errorist !n'estigation

Depart#ent 5&!D6 of the olice and is presently being held at the ;oosa

Detention entre+F,% (he and her daughter has been participating in

ca#paigns to nd out truth about disappeared persons. including

?eyaku#ariBs son. and both the #other and daughter had recei'ed #uch

publicity in second half of 2013. due to their participation in an e'ent *iththe igh o##issioner for u#an Rights on 30th ugust 2013 and later

in o'e#ber. *hen they participated in a public protest *ith other fa#ilies

of disappeared persons. in ?aGna. *hen the ;ritish ri#e @inister 'isited

?aGna% ?eyaku#ari clai#s that her son disappeared after she had

surrendered hi# to the r#y in 200H and that the sonBs photo *as included


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in a photo published in #edia. of a go'ern#ent detention facility% (he has

led a funda#ental rights petition against the arrest% &he go'ern#ent had

clai#ed that she *as harbouring and supporting a person alleged to ha'e

been re'i'ing the )&&$% ?eyaku#ari has denied the charges and the

go'ern#ent #ore than 'e #onths after the arrest. the go'ern#ent has

not charged her% 9hen ! and a friend *ent to see *hat has happened to her

and her daughter. *e *ere arrested and detained by the &errorist

!n'estigation Depart#ent 5&!D6 for t*o days% ! canBt say #uch about this

beyond *hatBs reported. as in'estigations against #e are still continuing

and the &!D has obtained a ourt rder prohibiting #e fro# saying

anything about this after #y release%

Disruption of a hu#an rights festi'al focusing on disappearances during the

o##on*ealth eads of :o'ern#ent @eeting 5:@6 in olo#bo

5o'e#ber 20136

n 14th o'e#ber 2013. ;odu ;ala (ena 5;;(6. a ;uddhist eCtre#ist

group. disrupted a hu#an rights festi'al organised in parallel to the

o##on*ealth eads of :o'ern#ent @eeting 5:@6 by the #ain

opposition party of (ri )anka. nited ational arty 56 and ci'il society

organisations%+I,

olice gets court order against 'igil *ith fa#ilies of disappeared persons in

olo#bo during :@ 5o'e#ber 20136

n 14th o'e#ber. the police obtained a court order against any type of a

protest in the olo#bo city on 14th and 1Fth o'e#ber 2013. pre'enting a

'igil that *as planned *ith the participation of fa#ilies of disappeared

persons%+J,bstructions against fa#ilies of disappeared tra'eling to olo#bo to

participate in a hu#an rights festi'al during the :@ 5o'e#ber 20136

;efore the hu#an rights festi'al began.+8, on 13th o'e#ber 2013. fa#ily

#e#bers of the disappeared fro# the orth *ere pre'ented fro# tra'eling

to olo#bo to participate in the hu#an rights festi'al #entioned abo'e%+H,


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bstruction of a protest by fa#ily #e#bers of the disappeared in ?aGna

5o'e#ber 20136

olice beat. pushed and insulted fa#ilies of disappeared persons. hristian

clergy. politicians and acti'ists during a peaceful protest held to dra*

attention to disappearances. during the 'isit of the ;ritish ri#e @inister to

the orthern city of ?aGna%+10,

bstruction of a protest on disappearances in the orth 5?une 20146

protest *as reported to ha'e been held on Fth ?une 2014 by the &a#il

ational lliance 5&6 and the &a#il ational eopleBs ront 5&6 *ith

the participation of fa#ilies of the disappeared to pressure the go'ern#ent

to eCpedite legal processes+11,% rganisers clai#ed that people *ho took

part in their protest *ere threatened by the #ilitary and told not to join the

protest%+12,

Delays in court cases related to disappearances

&here ha'e been nu#erous delays in habeas corpus cases led by fa#ily

#e#bers of disappeared persons especially due toK the (tate not ling

objections in ti#eL olice ocers and @inisters su##oned not appearing

before courtsL (tate ounsel not turning upL @agistrate not being presentL

and #ore recently. due to a decision by the ?udicial (er'ices o##ission to

appoint a special @agistrate to hear so#e cases+13,%

@isinfor#ation on disappearances and da#aging allegations against anti-

disappearance ca#paigners on (tate @edia 5ebruary 20146

9hen a co##unity based acti'ist in a lo* inco#e area in olo#bo area

*as abducted and released due to protests by his co##unity. the state

o*ned and controlled!ndependent &ele'ision et*ork 5!&6 portrayed it as acase *here the abductee had routinely returned ho#e. alleging that clai#s

of abduction *ere atte#pts to #islead the people by those *ho are part of

an international conspiracy to spread propaganda against (ri )anka%+14,

re'enting fa#ilies of disappeared person fro# attending religious ser'ices

5@ay 20146


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@rs% nanthi (asitharan. orthern ro'incial ouncilor fro# the &a#il

ational lliance and the *ife of an )%&%&%$ leader *ho has been #issing

since his surrender to the (ri )ankan r#y on 18th @ay 200H. has not been

allo*ed by the #ilitary to enter the indu te#ple in Eeeri#alai to conduct

rituals and re#e#ber relati'es killed in the *ar and her disappeared

husband%+1F,

bstructions and harass#ent of those testifying before the residential

o##ission of !n7uiry into disappearances

a#ilies of disappeared persons ha'e alleged that the go'ern#ent had

obstructed. #isled and harassed the# during hearings held in orthern

to*ns such as Eillinochchi+1I, and @annar+1J, by the residential

o##ission of !n7uiry into disappearances% !t has been reported that the

ri#inal !n'estigation Depart#ent 5!D6 in7uiries into disappearances after

#any years of *aiting. had been scheduled at the sa#e date. ti#e and

place that the residential of o##ission of !n7uiry into disappearances

*as being held% @ilitary personnel alleging to represent the o##ission

had gathered data fro# fa#ily #e#bers of disappeared. registered the#.

and re7uested the# to sign $nglish for#s. *hich they had done. despite

not understanding the content of the docu#ent% cials *ho identied

the#sel'es as representati'es of the @inistry of Defence had pre'ented

ocers of the )egal id o##ission fro# obser'ing the process fro#

1Hth?anuary 2014 on*ards% !nterpretation had been inco#plete. inaccurate

and not co#prehensi'e% bser'ers ha'e reported ha'ing seen interpreters

pre-e#pt ans*ers to 7uestions and that they e'en argued *ith

co#plainants and *ere often hostile *ith testifying fa#ily #e#bers%&ranscription of &a#il testi#onies to $nglish pre'ents the fa#ilies checking

the infor#ation recorded fro# the#% 9hen the hearings of the o##ission

*as being held in Eillinochchi in ?anuary 2014. fa#ily #e#bers of

disappeared persons fro# Eilinochchi district *ere 'isited in their ho#es by

ocials alleging to represent the o##ission% &hey had re7uested and


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recorded the personal infor#ation of their disappearancesB cases and later

su##oned the fa#ilies to the #ilitary run


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)anka. despite pro#ises to the igh o##issioner% :o'ern#ent had also

ignored her reco##endations to ratify the !nternational on'ention on

Disappearances and to in'ite the 9orking :roup on $nforced and

!n'oluntary Disappearances to 'isit (ri )anka. a re7uest that has been

pending for 8 years% &he igh o##issioner also reported about

harass#ent and inti#idation of hu#an rights defenders A including a good

friend of #ine. a riest. *ho has been supporting fa#ilies of disappeared

persons for a nu#ber of years% &he igh o##issioner herself *as not

spared of abuse during and after the 'isit. by 'arious go'ern#ent ocials.

@inisters and pro-go'ern#ent #obs%

9hat does the future hold for those disappeared and their fa#iliesN

!t has been physically and e#otionally draining for #e to ha'e beco#e

in'ol'ed *ith fa#ilies of disappeared persons. but ! hope to continue to be

part of their struggles% !B'e heard other anti-disappearances ca#paigners

say the sa#e% !rrespecti'e of us. ! kno* the fa#ilies *ill continue the

struggle to nd their lo'ed ones. and for truth and justice% ;ut *ith threats.

inti#idation. restrictions. obstructions and insults increasing in regularity

and intensity. itBs beco#ing #ore and #ore dicult to continue this

struggle%

s the Bs international in'estigation into allegations of *ar cri#es has

co##enced. #any fa#ilies of disappeared are keen to gi'e testi#ony% )ike

the other fa#ilies of disappeared *ho had gone before the . the

intention of these fa#ilies is not to go against the country. but to seek truth

and justice about their lo'ed ones. as their pre'ious eGorts do#estically

has not yielded positi'e results% ;ut as the (ri )ankan go'ern#ent and itBssupporters threatens action against those *ho gi'e testi#ony to the .

this #ight be #uch #ore dangerous and dicult% #ajor accusation

5totally false6 hurled *hen a ;uddhist @onk led #ob disrupted the #eeting

of fa#ilies of disappeared at the (R early this #onth *as that the #eeting

*as to send infor#ation to the in'estigation% !t *ill be upto the (ri


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)ankan go'ern#ent. and the #e#ber states of the to support and

protect those *ho go before the in'estigation%

(o#e other interi# and short ter# #easures #ay be of help for the

fa#ilies to continue their long ter# struggle% (uch as the


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12/13

disappeared-police-go'ern#ent-hound-participants/+accessed ugust 18.

2014,%

+4, )&&$ A )iberation &igers of &a#il $ela#. a group thatBs banned as a

terrorist organiMation in (ri )anka. !ndia. $urope. (. anada. ustralia etc%

&he . (ri )ankan and international hu#an rights groups ha'e accused the

)&&$ of serious 'iolations of international hu#anitarian la*% &he )&&$ used

to honour fallen #e#bers. calling the#


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t*ice% (tate ounsel and a @agistrate had not turned up for so#e case

hearings of habeas corpus cases led by fa#ily #e#bers of persons *ho

had disappeared after surrendering to the r#y at the end of the *ar in

@ay 200H% &hese cases *ere also delayed due to the state not ling

objections in ti#e%

+14, httpK//***%col4neg%net/ne*spage/itn-ne*s/itn-J-ne*s-1F-02-

2014%ht#l5fro# H%02 to 11%F46% @r% (a#aradheera (unil. also kno*n as

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Disappearances and the Struggle for Truth and Justice