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The HRC suspends issuing complaint forms to families of the disappeared
The Human Rights Commission has suspended issuing complaint forms regarding the disappeared who have in actual fact been detained by the intelligence offers for interrogation. The new measure was taken as result of the extensive campaign taking place claiming that the security forces are behind disappearances, abductions and killings taking place in the island. As the campaign is drawing widespread condemnation internationally, binging disrepute the State, the government has ordered the HRC to stop issuing these complaint forms by late August, revealed M. Remedious, attorney-at-law and Legal Coordinator, CHRD while addressing a seminar titled ‘Global approaches on internal human rights’ organized by the Women’s Development Centre, Jaffna.
DISAPPEARANCES, ABDUCTIONS, KILLINGS, ARRESTS & PRISON SITUATION
In the Jaffna didtrict
M. Remedious
CHRD, Jaffna
SEPTEMBER
Civilians injured
Two civilians sustained gun shot injuries during a shooting incident in Navakiri, Putur, Jaffna, when they tried to protect a youth who was in danger of being shot by unknown gunmen who entered his house.
Details of the injured are,
1. Navaratnam Pooranam (52) and her daughter
2. Naratnam Thushananthini (30)
Protective Custody
1. The following persons surrendered to HRC on 15.09.2008 and requested to protect their life as their life is in threat. HRC handed them over to Jaffna police and police produced them before the Magistrates' Court, Jaffna. All of them are under the protective custody.
Details follow,
1) Ganesh Thayanithi (20) of Kaithady North, Kaithady bearing NIC No 888293477V, sat for the G.C.E (A/L) exam and awaiting results. She has been reporting to the army camp since January 15, 2008. On 13.09.2008 army personnel questioned her more about her whereabouts and location of her house, thereafter the same day around 8 pm some unknown gunmen entered her house and threatened her.
2) Navaratnam Thayaparan (31), bearing NIC No 773184291V, and his brother Nixon (27) bearing NIC No 813045141V of Navakiri, Putur West, Putur. According to them army confiscated their sister's National Identity Card and asked her to report to the camp on Sundays, accordingly she reported to the camp, once. On the following day on 08.09.2008 around 8 pm some unknown gun men entered their house and fired at them. Their mother Poorany (52 ) and sister Thusananthini ( 32) were injured, and were admitted to the Jaffna teaching hospital.
2. Manikavasakar Puvaneshvari (51) of Kachchai Road, Kodigamam, unmarried surrendered to the HRC on 11.9.2008. HRC handed her over to the Jaffna Police and police produced her before the magistrate court of Jaffna. Presently she is in the Kurunagar Rehabilitation Center under protective custody. According to her she has been reporting to the army camp regularly since 5.8.2008 and on 10.9.2008 she was follow by unknown gunmen while returning from the camp.
Killings
1. Ponniah Kunasegaram (43) of Selvanagar, Navatkuli, Jaffna, father of four, a businessman and sole breadwinner of the family, was shotdead at Navatkuli on 23.09.2008 around 2pm.
2. Tharmalinkam Kumararaj of Allarai Meesalai, Chavakachchri was shotdead at Racca Road, Jaffna on 21.09.2008 around 3.00pm. When he was follwed by some unknow persons on motorbike, he ran into his house, however they entered his home and shot him.
2. Four female dead bodies were found in the seashore of Delft and Nayinadevu Island on 16.9.2008 and a dead body of an infant was found in the seashore the following day 17.09.2008. It is believed that a boat carrying refugees may have sunk in the sea while a group of refugees were returning from India.
3. Nallaiya Kumuthathas (30) of Kalikovillady, Saravanai, Velanai (island) father of one and sole bread winner of the family, was shot dead at Kallikovillady on 13.09.2008 around 5.30 pm.
4. Ponnampalam Jeyakumar (34) of Kalvayal, Chavakachcheri who was abducted on 8.9.2008, was found dead with cut injuries at Kuyilankandy Road, Kapoothuveeli, Point Pedro on 12.9.2008.
5. Thampirajah Muralithas (30) of Meesalai South, Meesalai was shot dead on 11.9.2008 morning.
6. Ms. Sivaramalingam Nanthayini (21) Kaithady North, Kaithady was shot dead in her house on 10.09.2008 noon.
7. Kittinan Katheshvaran (24) of Kandal Kattai, Kudaththanai was shot dead on 10.09.2008. He was last seen going to his paddy field and thereafter his body was found with gun shot injuries 1km away from the paddy field.
8. Rasaiah Lathsathan (20) Karaveddy west, Karaveddy his neck was brutally cut at and killed. He was abducted by an unknown group who came on motor bikes on 3.9.2008. Later his body was found at Mandan, Point Pedro on 5.9.2008 around 2 pm.
9. Nagarajah Sasikala (43) of Iyanar Kovilady, Mirusuvil, Kodikamam, was shot dead on the morning of September 6, 2008.
10. Kanthan Thangarajah (52) of Manthuvil East, Kodikamam was killed on 3.9.2008. He was abducted by unknown persons on 2.9.2008 around 8.30 pm. Later on 3.9.2008 his body was found with cut injuries at Kappothuvelly, Sarasallai, Kodikamam.
11. Baskaran Koushalya (15) Thunnalai south, Karaveddy, Point Pedro was reported missing 29.8.2008, later her dead body was found at Yarkaru paddy Field in Pont Pedro on 2.9.2008. A dead body was found in Mankumban Island on 2.9.2008, entire body was wrapped with barb wire.
Arrests
Five were arrested by the Manipay Police in connection with many robberies in the Jaffna peninsula.
Missing
1. Tharmarajah Rangan (28) of Muthaliyar lane, off Kachcheri Nallur Road, Jaffna is reported missing after he went shopping on 9.9.2008 around 2 pm.
2. Ponnampalam Jeyakumar (45) of Kalvayal, Chavakachcheri, owner of a van, was abducted by a group of gunmen riding motorbikes who entered his house on 8.9.2008 around 7 pm
3. Natkunaseelan Majuran (24) of Mathavady, Kondavil East, Kondavil, is reported missing from 3.9.2008 after he left home to worhsip at the Nallur temple.
Tissanayagam's detention beyond 90 days at the TID
Senior journalist J. S. Tissainayagam's detention beyond 90 days at the TID (Terrorist Investigation Division) was questioned when the rights violation petition filed by him was taken up at the Supreme Court on Wednesday, September 10. The bench comprising Justices Asoka de Silva, Jegath Balapatabendi and K. Sripavan noted that the question has to be considered whether a person could be held beyond 90 days at the TID. Both counsel agreed to file written submissions on this question and they will be filed on October 10. The fundamental rights violation petition against the TID officers for alleged arbitrary arrest and detention was filed by the Tissanayagam.
Tissainayagam who was in TID custody was ordered to be transferred to the remand prison, by the Colombo Magistrate, on August 20. The court made this order when the TID informed court that Tissainayagam and two other suspects V. Jesiharan and Valarmathy Vadiwel were arrested under emergency regulation and indicted in the Colombo High Court.
The TID arrested Tissainayagam, the editor of news Web site OutreachSL, and five of his colleagues within a few days in March 2008. He was arrested at the TID premises when he went to see his colleague N. Jesiharan and Valarmathy who were detained there. Three of the group were released later that month, according to the Sri Lankan Free Media Movement. Tissainayagam and two others, OutreachSL manager N. Jasiharan and his wife, remain in custody without charge. It is not clear if Jasiharan and his wife have also been indicted.
Charges against Tissainayagam cite a magazine, North Eastern Monthly, which the journalist edited in 2006, according to his lawyer, M.A. Sumanthiran. CPJ states that two charges relate to articles Tissainayagam wrote for the magazine. The lawyer further stated that the government said the articles incited communal disharmony, an offence under the Prevention of Terrorism Act. A third charge says he furthered an act of terrorism by collecting money from NGOs to publish the magazine, he added.
Fundamental Rights Application was taken up in the Supreme Court on August 20 but the Supreme Court conveniently put it off for another day. Currently Mr. Tissanayagam is at the Welikada Prison Hospital.
The Committee to Protect Journalists condemned the Colombo high court’s indictment of journalist J.S. Tissainayagam today on terrorism charges for articles he published in 2006. “We condemn J.S. Tissainayagam’s long detention and harsh charges for publishing a magazine, which should not constitute an offence,” said Bob Dietz , CPJ Asia Program Coordinator.
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New Tactics in Human Rights
Tamil handbook ‘New Tactics in Human Rights’ consists of 25 new tactics in human rights and is ideal CBOs and NGOs working in North-East and up country plantation sector. The handbook is available at the CHRD office in Colombo.
CHRD’s annual publication Sentinel focuses, though not exclusively, on civil and political rights as well as the economic, social and cultural rights of the people of Sri Lanka. It also recounts the performance of the institution as well as period reviewed. We welcome comments and contributions from readers in order to develop Sentinel further. Articles of relevance and or suggestions to enhance activities of CHRD are equally valued.