Office of the President,
Temple Trees, 150, Galle Road,
Colombo 3, Sri Lanka

His Excellency President Mahinda Rajapaksa,

The Asian Federation Against Involuntary Disappearances (AFAD) is a regional federation of human rights organizations working directly on the issue of enforced or involuntary disappearances.

The Federation expresses its extreme concern regarding the recent report of another case of disappearance committed on 6 April 2012. The victims, Australian citizen Mr. Premakumar Gunaratnam and Ms. Dimithu Attygalle, are political leaders of the Frontline Socialist Party (FSP). Their whereabouts cannot be established to date.

Reports have detailed how Mr. Gunaratnam went missing on 6 April 2012. A party member recounted the last instance he saw the victim. He dropped off Mr. Gunaratnam at his temporary residence in No. 29/1 Gemunu Mawatha, Kiribathgoda (Gampaha district) around 5:00 p.m.

The victim specifically instructed to be picked up at his residence the following day. Upon entering Mr. Gunaratnam’s house the next day, the said party member saw pieces of evidence of forced entry wherein door locks were broken and the air was released in four tires of the victim’s vehicle. Witnesses recounted how around 4 to 5 armed men rushed to the house around 4:30 a.m. of 7 April 2012. Mr. Gunaratnam’s mobile phone cannot be contacted.

Another FSP leader, Ms. Attygalle, also disappeared on the said date. Another party leader narrated that the victim planned to return to her residence at 32/14/7, High level Road, Henawatte, Meegoda (Colombo district) after she was dropped off at the Kottawa bus stand in Colombo district. Reports confirmed that Ms. Attygalle did not reach her home on that day.

The work of Mr. Gunaratnam and Ms. Attygalle has been valuable to the formation of FSP which was scheduled to be launched on 9 April 2012. Since its formation, the FSP has been strongly campaigning against human rights violations specifically enforced disappearances, extra-judicial killings, illegal detention and continued militarization in Northern Sri Lanka.

Complaints were subsequently filed regarding the disappearance. Mr. Ajith Kumara, Member of Parliament filed the case of Mr. Gunaratnam (CIB I 105/19) and Ms. Attygalle (CIB 105/20) at the Colombo Police Headquarters on 7 April. Another complaint was filed by a family member of Mr. Gunaratnam under CIB 306/133 at Pilliyandala Police. An FSP party leader filed another complaint for Ms. Attygalle’s case under CIB I 11/135 at the Kottawa Police.

The case of Mr. Gunaratnam and Ms. Attygalle’s disappearance are committed under the increasing and systematic disappearances in the country. Based on reports, 31 individuals disappeared from February to April 6, 2012, with Mr. Gunaratnam and Ms. Attygalle as the latest victims. The Federation condemns the continued and systematic practice of disappearance in Sri Lanka.

Specifically, the AFAD appeals to the Sri Lankan government for the following:

1. Ensure the conduct of an immediate, impartial, efficient and transparent investigation to establish the fate and whereabouts of Mr. Gunaratnam and Ms. Attygalle including the identification of the perpetrators of the act;

2. Ensure that the victims will be surfaced if found under the custody of the state, e.g. security forces, agents acting on behalf of the state, among others, and to be immediately released in the absence of a legal case filed;

3. Ensure that the families be duly informed of the conduct of the search and investigation of both victims;

4. Ensure the protection of the victims, their families and the officials and members of the FSP and advocates campaigning for Mr. Gunaratnam and Ms. Attygalle.

The said appeals are consistent with international human rights obligations of Sri Lanka particularly the Universal Declaration of Human Rights (UDHR) Article 3 “…the right to life, liberty and security of person.” The UDHR Article 12.1 also states that, “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.”

Furthermore, UDHR Article 12.2, further emphasizes that, “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

Such provisions are also subsequently defined and reiterated under the Declaration on the Protection of All Persons from Enforced Disappearance and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPAPED), the latter emphasizing the right not to be subjected to enforced disappearance and that no circumstances can be invoked to justify enforced disappearance.

We trust that the Sri Lankan government will undertake the necessary measures to locate the disappeared victims and ensure that perpetrators will be penalized under the Sri Lankan judiciary.

Thank you.

In defense of human rights,

MARY AILEEN D. BACALSO
Secretary-General
MUGIYANTO
Chairperson

Copy furnished to:

Ms. Shanthi Eva Wanasundara
Attorney General, Attorney General’s Department,
Colombo 12, Sri Lanka

Secretary, Human Rights Commission of Sri Lanka,
118, Barnes Place, Colombo 07, Sri Lanka

Inspector General of Police (IGP)
New Secretariat, Colombo 1, Sri Lanka

Secretary, National Police Commission
3rd Floor, Rotunda Towers, 109 Galle Road,
Colombo 03, Sri Lanka

Mr. Gotabaya Rajapaksa
Defence Secretary, Ministry Of Defence and Urban Development
15/5, Baladaksha Mawatha, Colombo 03, Sri Lanka

H.E. Ms. Tamara Kunanayakam
Ambassador, Permanent Mission of Sri Lanka to the United Nations in Geneva
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations
56 rue De Moillebeau, 5th Floor, 1211 Geneva 19, Switzerland

Dr. Palitha T.B. Kohona
Ambassador, Permanent Representative of Sri Lanka to the United Nations in New York
Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations
#630, 3rd Avenue (20th Floor), New York, NY 10017
United States America

Mr. Jeremy J. Sarkin
Chairperson, UN Working Group on Enforced or Involuntary Disappearances (UN WGEID)
c/o OHCHR-UNOG CH-1211 Geneva 10, Switzerland

Mr. Emmanuel Decaux
Chairperson, UN Committee on Enforced Disappearance (CED)
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson - 52, rue des Pâquis, CH-1201 Geneva, Switzerland

Mr. Nawalage Bennet Cooray
Ambassador of Sri Lanka to the Philippines
7th Floor G.C. Corporate Plaza Building, No. 150 Legaspi Street, Legaspi Village
Makati City, Philippines