Asian Federation Against Involuntary Disappearances

Rms. 310-311 Philippine Social Science Center Building Commonwealth Avenue, Diliman, 1103 Quezon City Philippines Telefax: 00-632-4546759 Telephone Number 00-632-4907862 Mobile 00-63-9177924058 Email afad@surfshop.net.ph website www.afad-online.org

27 February 2012 OPEN LETTER HIS EXCELLENCY PRESIDENT MAHINDA RAJAPAKSE Office of the President, Temple Trees, 150, Galle Road, Colombo 3, Sri Lanka His Excellency President Rajapakse, 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. We are alarmed over the recent disappearance of Mr. Ramasamy Prabaharan on February 11, 2012. Armed men wearing civilian clothing reportedly abducted Mr. Prabaharan outside his home on Central Bank Road, Wellawatte, Colombo 6. The incident happened around 3:30 in the afternoon wherein an estimate of seven armed men with rifles and shot guns seized Mr. Prabaharan in his neck and forced him inside a white van with registration number 254-2106. The van reportedly drove towards the area of Dehiwela. After the incident, Mrs. Prabaharan immediately reported the abduction to the Wallewathe Police Station registered under complaint number 224/222/GCIB. Prior to his abduction, Mr. Prabahran was detained for 28 months since May 19, 2009 and was released in September 2011. During his detention, he suffered from prolonged and heavy torture as indicated in the report of the Judicial Medical Officer (JMO). While under the custody of the Colombo Crime Division (CCD), Mr. Prabaharan was physically assaulted with blunt objects. He was subjected to other types of physical torture such as nail removal, electrocution, hanged suspended in air, stripping, submersion in water, as well as mental torture i.e. threats of anal penetration using blunt objects, among others. Citing his experience of unlawful arrest and detention and torture, Mr. Prabaharan sought judicial remedies by filing a fundamental rights application at the Supreme Court of Sri Lanka (application no. S/C FR 963/2009) against members of the Sri Lankan police Vaas Gunawardena, Senior Superintendent of Police (SSP); Anura Senanayake, Deputy Inspector

General of Police (DIG); the Inspector General of Police (IGP), Attorney General and eight other individuals. His abduction was conducted two days before the actual fundamental rights petition hearing scheduled by the Supreme Court on February 13, 2012. The hearing was intended to discuss the return of his pieces of property that remained under control of state authorities i.e. passport, vehicle, apartment, and business premises. The said incidences are a direct assault to Mr. Prabaharans rights and dignity as a person. The occurrence of the said acts is a manifestation of a continuing pattern of abductions around Colombo. In this light, the Federation urgently appeals to the Sri Lankan government to: 1. Conduct a speedy, impartial and transparent investigation to ascertain the fate and whereabouts of Mr. Prabaharan and to identify perpetrators of his abduction; 2. Ensure the protection of Mr. Prabaharan and his family from reprisals that may have resulted as a consequence of their assertion for judicial remedies in the torture incident, harassments and the recent abduction; 3. Ensure that perpetrators of the abduction, torture and unlawful arrest and detention will be held accountable for their actions and be brought before justice. The said appeals are consistent with the state obligations of Sri Lanka to ensure its citizens of the non-derogable right to be free from torture, the right to equal protection before the law, right to truth and reparation. We look forward to your favorable response. Thank you. Sincerely yours,

MARY AILEEN D. BACALSO Secretary-General

MUGIYANTO Chairperson