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 reports of harassment and intimidation of woman human rights defender Mrs. Sandya Ekneligoda by Sri Lankan government supporter Mr. Douglas Wickramaratne during the side event organized during the 19th session on the UN Human Rights Council in Geneva. Mrs. Ekneligoda was also allegedly subjected to intimidations by Deputy Solicitor General Mr. Shavinra Fernando during the Homagama Magistrate Courts (Colombo district) hearing.

On 19 March 2012, Mr. Wickramaratne reportedly mocked Mrs. Ekneligoda, stating that she came to Geneva with a smiling face and therefore is not a victim. Accusations were also thrown by another group identifying themselves as Sri Lankan Muslims, mocking that Mrs. Ekneligoda is manipulated by funds from different organizations.

Mrs. Ekneligoda was among the panel of speakers in the side event with the theme, “Rule of Law and human rights violations in Sri Lanka: Perspectives from women, minorities and families of disappeared” during the 19th session of the UN Human Rights Council in Geneva. Another woman human rights defender, Ms. Farah Mihlar, also spoke at the same event and was subsequently harassed by the delegates of the Government of Sri Lanka.

Meanwhile, the incident involving Deputy Solicitor General Fernando occurred on 26 March 2012 wherein Mrs. Ekneligoda attended a hearing for an inquiry of a plea to summon former Attorney General and current Advisor to the Cabinet of Ministers Mr. Mohan Peiris for a statement he issued to the UN Committee Against Torture on 9 November 2011 claiming that Prageeth Ekneligoda did not disappear but was residing out of the country.

The line of questioning addressed to Mrs. Ekneligoda ranged from inquiring of her participation in the UN HRC sessions, sources of her travel funds and the disclosure of organizations supporting her travel and accommodation in Geneva, to the nature of how Mrs. Ekneligoda reacted when her husband went missing.

The Federation believes that the struggle against enforced disappearance should enable the families of the disappeared to reach an empowered state wherein they can generate the strength to continue the fight for justice. Mrs. Ekneligoda is an epitome of a victim empowered, a woman able to lead the search for the disappeared and demand for truth and justice without fear.

The harassments experienced by Sandya are a clear manifestation of how the Sri Lankan government responds to the issue of enforced disappearance. The incidences belittle the victims of disappearances and the families’ struggle for truth behind their loved ones’ disappearance.

In line with this incident, AFAD calls on the Sri Lankan government to undertake necessary actions to ensure that both Deputy Solicitor General Mr. Shavinra Fernando and government supporter Mr. Douglas Wickramaratne will be held accountable for harassing and intimidating Mrs. Ekneligoda.

The AFAD further reiterates the appeal for the Rajapaksa administration to sincerely launch investigations on reports of disappearances committed during the war between the Liberation Tamil Tigers of Eelam (LTTE), and the disappearances of media workers, human rights defenders and other civilians. A transparent, fair, impartial and expeditious investigation should be pursued to determine the fate and whereabouts of the victims and bring to justice the perpetrators of the inhumane act.

Thank you.

In defense of human rights,

MUGIYANTO
Chairperson
MARY AILEEN D. BACALSO
Secretary-General
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 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. Olivier de Frouville 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 Ms. Margaret Sekaggy Special Rapporteur on the Situation of Human Rights Defenders c/o Office of the High Commissioner for Human Rights – Palais Wilson United Nations Office at Geneva 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