ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-004-2022
21 October 2022
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SRI LANKA: Peaceful Protesters Face Attacks, Reprisals, and Arbitrary Detention
ISSUES: Arbitrary Detention; Access to Justice; Right to Fair Trial; Freedom of Peaceful Assembly; Right to Liberty; Reprisals against Activists
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received credible information from independent human rights defenders that Mr. Wasantha Mudalige (29), Convenor of the Inter University Student Federation (IUSF), Mr. Galwewa Siridhamma Himi (26), Convenor of the Inter University Bhikku Federation, and Mr. Siridhamma Thero – all three were arrested from a peaceful protest on 18 August, 2022, have been in detention under the Prevention of Terrorism Act (PTA) for 62 days now, and have not yet been produced before the courts. The Sri Lankan authorities have denied these student leaders the access to justice since they were arbitrarily detained for protesting against the Rajapaksa government.
CASE NARRATIVE:
For over five months, Sri Lankans across the country have been protesting peacefully against the government that they hold responsible for the ongoing economic crisis. Protesters have been demanding a system change, abolishing the Executive Presidency, the removal of the Rajapaksa family and their allies from power, and the resignation of current President Ranil Wickeremesinghe, widely believed to be an ally of the ruling Rajapaksa family. Wickremesinghe has been responsible for the ongoing targeting of protesters including under anti-terror law.
Students detained under PTA:
Convenor of the Inter University Student Federation (IUSF), Wasantha Mudalige (29) and Convenor of the Inter University Bhikku Federation, Galwewa Siridhamma Himi (26), who were arrested from a peaceful protest on 18 August, 2022, have been in detention under the Prevention of Terrorism Act (PTA) for 62 days now, and have not yet been produced before the courts.
The use of Anti-terror law
The use of PTA against peaceful protesters is extremely concerning. The PTA is a draconian legislation that enables long term incarceration without charge or judicial review, and undermines basic procedural safeguards under regular law. Under the PTA, protections granted to suspects under ordinary penal law, including the non-admission of confessions given to the police, the right to judicial oversight within 24 hours, and the right of access to lawyers, are denied. Recent amendments to the PTA have failed to effectively cure systemic defects in the law. Tamils and Muslims have been disproportionately targeted historically under the PTA and labeled as terrorists. Calls for repeal have so far been ignored by the State. In fact, the use of the PTA against the three student leaders is despite prior assurances by this government of a moratorium on the use of the anti-terror law and repeated and public calls from the international community against its use against the three students.
Based on information shared by lawyers for the three students – the State has failed to comply even with the draconian provisions of the PTA. The three students were held for over 96 hours without being produced before a Magistrate and without a detention order being issued. This is a violation of the regular law; but also the PTA which requires a Detention Order (DO) to be issued within 72 hours.
ADDITIONAL INFORMATION:
Immediate concern for the safety of Wasantha Mudalige:
● There are continuing concerns for the safety of detainees who are held at the Tangalle detention centre given its isolation, dilapidated condition and the fact that Navy and plain clothes personnel, rather than regular prison officials are in charge of the day to day operations of the centre.
● We are especially concerned about a serious threat to the life of the Convenor of the Inter University Student Federation, Wasantha Mudalige, as he has been taken out of the regular detention centres at night for interrogation. On each occasion Wasantha has been blind-folded and taken by Police, at night to several different locations in and around Colombo and interrogated. This has been confirmed by both his lawyers and his brother, following their last visits to him.
● We believe that due to a lack of evidence against the student movement, the State is attempting to frame him for acts of arson and the death of an MP, that took place on the 9th of May, 2022, and ban and label the IUSF as “terrorists”.
● Opposition Leader, Sajith Premadasa too, raised this grave threat in Parliament on 5 October 2022
● The treatment of Wasantha – especially being taken out of his regular place of detention, including to and from Colombo regularly without at least informing the HRCSL, is particularly chilling, as the Sri Lankan State is notorious for “disappearing” and carrying out custodial and extra-judicial killings of dissidents and witnesses – especially during similar operations to ‘gather evidence’.
● Lawyers have also reported after their most recent visit this week, that Wasantha has not been questioned for the last two weeks, and Siridhamma Himi has only been questioned on four occasions over the course of the entire 61 day detention period. This is clear indication that the State has no evidence against them, and that their detention is clearly a vindictive witch-hunt by the Wickremesinghe-Rajapaksa regime.
Manner of arrest; reasons & compliance with legal provisions regarding arrest:
● On 18 August, large numbers of police armed with batons and some even armed with rifles, used excessive force against peaceful protesters, including beating, and firing teargas and water cannons. Police chased protesters down the streets, and arrested 20 protestors from different locations in Colombo.
● Wasantha Mudalige and Hashan Jeewantha were chased down by Police jeeps as the protest was dispersed, and arrested at Gaspaha junction, and Siridhamma Thero was arrested at Borella by the Sri Lanka police. Wasantha was taken to the Peliyagoda police station, and Siridhamma Thero was taken to the Fort Police.
● While all others arrested were released on bail – Chintaka Rajapakse, a human rights defender was remanded until 26th August, due to them charging him with entering the President’s Palace as well, after he was arrested from the protest. Wasantha, Siridhamma Thero and Hashan were held for over 73 hours at the Peliyagoda police without being produced before a Magistrate, which was not in compliance with the Criminal Procedure Code.
● National and International rights groups and the diplomatic community made strong and public appeals to Sri Lankan authorities not to invoke the draconian PTA against the three students, and to honour the unofficial moratorium against its use.
● While failing to produce the students before a Magistrate in compliance with regular law, authorities also failed to issue a Detention Order (DO) within the mandated 72 hours in compliance with the draconian PTA.
● Lawyers were not able to speak to the three students immediately after their arrest.
● At around 9am on 22 August, lawyers for the students raised an alert that the students could not be found at the Peliyagoda Police Station. Police claimed that the students had been moved to the Terrorism Investigation Department (TID) under a DO. This was later proved false. Upon an official request from the student’s lawyer – the TID stated that the students were not in their custody and that they were not aware of a DO against the students.
● At around 6pm on 22 August, 2022 – Detention Orders were issued against the three students – well past the 72 hour deadline set under the PTA. Further, only Siridhamma Thero’s Arrest Receipt specifically mentioned the PTA as the basis for arrest.
● Failure to comply with the legal provisions under ordinary law and/or the PTA; lack of access to lawyers; failure to share information regarding their place of detention; and deliberate misinformation regarding the place of detention and basis for incarceration (reason; but also whether a DO had in fact been issued) is a clear violation of their rights in the process and immediate aftermath of arrest.
Place of Detention under the PTA:
● After the Detention Order was issued the students were taken to the Tangalle detention centre – where they have been held for periods.
● The detention centre is an abandoned prison, and only the three students are being held there in tandem.
● The centre is in an extremely dilapidated and unsafe condition, not suitable for human inhabitation.
● The centre is controlled by the Navy for the perimeter and external security; and plain-clothes intelligence officers inside.
● The students are also brought frequently to Colombo for interrogation. In Colombo the students are held at the TID office in Narahenpita – in separate, dark, windowless cells.
● The choice of Tangalle as a detention centre is a deliberate attempt to isolate the students from family who live far away, and lawyers, and harass those who aim to visit and support the students.
● The Magistrate had visited the students in Tangalle in early September, in accordance with amendments to the PTA, where the Magistrate is tasked with visiting the place of detention and monitoring conditions.
Conditions in detention: facilities and food
● The detention centre in Tangalle is an old dilapidated building, which is a health and safety hazard. It is not used for regular prisoners and the students must be moved into a regular prison and/or better facility pending release.
● In both detention centres, students are held in small, dark, separate cells, in solitary confinement, amounting to psychological torture.
● Students are denied adequate bathing facilities and sanitary conditions.
● The food given to the detainees is below average standards as admitted even by TID/authorities. Food cannot be provided by family, except for packeted products that are unopened. Home cooked food is not permitted. The reason given is the risk of poisoning, which is not a reasonable or acceptable explanation. Family members state that even in the case of packeted food, there are long delays of weeks before the food provided is given to the students.
Access to family:
● The three students have been granted limited access to their lawyers and to family members. Approval is regularly delayed and is purely at the discretion of the TID officials.
● Family members have been able to visit the students with extreme difficulty. Only family certified as blood relatives by the Grama Sevaka (local government officer) can visit. Even once this is confirmed, the students have to consent each time before a family member can visit them.
● Families fear that in the event that the students are physically tortured, the TID could tell families that the detainees refused to give consent to their visit, until there is no physical evidence/scars left of any torture.
● The student’s file must also be present at the location where the family member visits.
● Since the students are frequently moved around – this has raised serious challenges for visits. For instance, Wasantha’s brother shared that when he visited his brother in Tangalle he was informed that Wasantha had been brought to Colombo. When he came to Colombo he was told that the file for his brother was still in Tangalle, and that he could not see his brother. For reference, the distance from Wasantha’s home in Dambana where his parents live, to Colombo, is 267km (a 6 hour journey at a minimum); from Dambana to Tangalle is 240km (5 ½ hour journey). Tangalle to Colombo is 146km (3 hour journey).
● Family members are economically poor, forced to take a day off work and travel back and forth using public transport. The deliberate failure to share information and several administrative obstacles, from requests for Grama Sevaka reports and birth certificates; obtaining consent for each visit; requirement of the detainee file in the same physical location, are all intended to punish and further harm the detainees and their families. The decision to move the detainees to Tangalle is also aimed at reducing access to family and lawyers.
● Important to note that in Colombo the detainees can only be visited on the weekend by family; and in Tangalle detainees can be visited on weekdays only.
Access to Lawyers:
● Lawyers are permitted to visit once a week, but have to request the TID for permission each time. So even lawyer visits are at the discretion of the TID.
● For the first 1.5 weeks of their detention, lawyers were not given access to the students.
● Initially, only one lawyer was given access. Later, after several challenges, a second lawyer was also permitted access. Overall, the lawyers have been able to visit the students about five times in total, at one or other of the two locations. They last visited the students last week.
● The lawyers cannot access the detainee without the detainee consenting to that specific lawyer. This means that the TID can prevent access on the guise that the detainee has refused to give consent. If there is torture or other ill treatment – this approach could result in delays and prevent timely intervention.
Crack down on protests
18 August – Protest at Lipton Circus, Colombo 07, during which 20 persons including the three student activists currently held under PTA were arrested.
a. The protest on 18 August was organised by the IUSF as a continuation of key demands of the people’s struggle; condemning the repression against peaceful protesters; and the close of universities. Prior to the protest, there was no interaction with authorities including police. There was also no court order against the protest. Police however had deployed a large number of police officers, in buses and on foot at key locations close to the protest route. They also formed human barriers of large numbers of officers along the route the protestors marched on, blocking their path.
b. The protestors marched from Lipton Circus in Colombo 7 along Union Place. They were chanting protest slogans and carrying banners making demands of the government to stop the repression of fellow protestors. There was a group of musicians at the front of the crowd, playing instruments to accompany the chants. They had barely walked 2km when the Police, who had then formed the barrier, began to fire tear gas and water cannons to disperse the protestors.
c. The Police used tear gas and water cannons on the protestors. Videos showed them also beating protestors with police batons.
d. Police chased protestors as some of them retreated, arresting 20 persons including Wasantha Mudalige, Siridamma Thero, Hashan Jeewantha and human rights defender Chintaka Rajapaksa. While all those arrested were released the following day – Chinthaka was remanded until 26 August and the other three activists were issued detention orders over 73 hours later – and are currently in administrative detention under the PTA.
e. Surveillance, intimidation and interrogation of the families of the three leaders under Detention Orders. Other students in the IUSF have also been under surveillance and called in for questioning. Protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction of public property.
30th August – Protest held in Colombo 10 by the IUSF during which 28 protesters were arrested including a minor
a. Similar to 18 August, even at the 30th August Protest, there was no prior engagement or interaction between police and the protesters prior to the protest. There was no court order against the protest. A large number of police were deployed on the protest route; with police forming a human barrier to block the route before the protest had even started. The Police made an announcement over a loudspeaker that the protest was illegal in that the organisers had not given notice to the Police 6 hours in advance that the protest was to take place.
b. The protestors had planned to march from Elphinstone Theatre in Colombo 10 along Olcott Mawatha towards the Fort Railway Station. However, on seeing the police presence, they turned 180 degrees and carried out their march away from the Police, so as to avoid confrontation with them. Protesters were clear that they did not wish to confront the police. Protesters were chanting protest verses and carrying banners making demands of the government to stop the repression of fellow protestors, and that the three arrested student leaders be released. There was a group of musicians at the front of the crowd, playing instruments to accompany the chants. They had walked just over 1km when the Police began forming a barricade and advancing along their new path. Protestors sat on the ground, again to avoid confrontation with the Police. However the Police began to fire tear gas and water cannons to disperse the protestors. They then chased protestors along the road as some of them retreated, arresting them on the spot.
c. The Police used tear gas and water cannons on the protestors. Batons had also been used to beat some of the arrested protestors.
d. 28 protestors were arrested and taken to police stations, and made to stay in the cells. Among them was a 17-year old boy who was made to stay with 6 others in an adult cell. They were all granted bail the next day
e. Students in the IUSF have also been under surveillance and called in for questioning. Other protestors too, continue to be called in for questioning. Protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction to private property.
f. A press conference held soon after the August 30th protest too, was disrupted by the Police who surrounded the venue and asked to question former Convenor of the IUSF, Lahiru Weerasekara, a young political activist. Based on past practice by law enforcement, these are clear indications that he too, if arrested, could be detained under the PTA. Lahiru currently faces 18 charges, of which only three are frivolous charges related to the people’s struggle. The other 15 are all relating to protests during his time as Convenor, which was between 2015-18. This is a clear indication of the State targeting him, even though he has continued to cooperate with investigations and judicial processes.
18th September – IUSF Rally held at Hyde Park – Heavy police presence surrounding the area but no arrests or violence
a. IUSF obtained a sound permit from the Police and municipality to carry out a rally/meeting at Hyde Park in Colombo. The Police had deployed several officers in buses and on foot essentially surrounding the grounds from all four sides. Water cannons were also seen parked close to the location.
b. The crowd gathered for the rally were seated in plastic chairs on the grounds. On a stage set up for the occasion, several speakers were seated. Each of them spoke at a podium to the gathered crowd, on the repression of the protestors and the people’s way forward. Music groups also performed during the evening.
c. No one from the protest was arrested that day.
d. Students in the IUSF and other protestors continue to be under surveillance and called in for questioning. Protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction to private property.
24th September – Protest at Lipton Circus, Colombo 07 – Police attack peaceful protest by the Socialist Youth Union – 85 arrested including a minor
a. The Socialist Youth Union (SYU) had informed the nearest Police Station regarding their protest march and started to proceed with the march as planned. There was no court order against the protest. A large number of police were deployed on the protest route. The Police made an announcement over a loudspeaker that the protest was illegal in that the organisers had not given notice to the Police 6 hours in advance that the protest was to take place, even though they had.
b. They had walked just over 1km or so, when the Police began forming a barricade and advancing along their new path. The Police proceeded to fire teargas and water cannons to disperse the protestors. They then chased protestors along the road as some of them retreated, arresting them on the spot.
c. Injuries: Batons had also been used to beat some of the arrested protestors and some were injured by falling to the ground from the force of the water cannons. Six protesters were hospitalised. Five were discharged the next day, but, whilst one was admitted to the Neuro Trauma Emergency Treatment Unit of the National Hospital for critical treatment.
d. 85 protestors, including two minors (14 and 17 years) were arrested and taken to police stations, and made to stay in the cell. The 14 year old was discharged on the same day evening. The rest of the 84 were released on bail the next day. 81 of the 84 were granted police bail, whilst 3 were produced before the Magistrate.
4th October – Police attack the IUSF protest in Kelaniya
The IUSF after having paid for and booked a venue from local Government authorities, for a Joint Rally Against Repression to be held in Kiribathgoda, was refused permission a day before their rally when they went to obtain a Sound Permit from the Police, which the Police also refused to give them.
When the students proceeded to protest regardless, they were met with the same repression from the Police, having to face tear gas and water cannons, and one student Bhikku activist being arrested.
09th October – Galle Face – Police provoke and attack peaceful protestors and arrest 6
Peaceful protestors gathered at Galle Face to commemorate the fallen heroes of the People’s Struggle, where they were hoping to light lamps and have some cultural activity.
Hundreds of Police and the STF, in buses and trucks, and water cannon and tear gas trucks, were already at the location, by the time protestors got there. The Police then proceeded to provoke protestors and confront them, by saying that they couldn’t protest at Galle Face, and to move the protest further down the Galle Road, towards Kollupitiya. Protestors resisted this continuous repression by the Police, resulting in a confrontation, and the police using excessive force against protestors, and making 6 arrests.
Harassment and Intimidation
● The intimidation of students and activists linked to the protests have become routine. Police records indicate over 3000 arrests so far. We don’t have exact numbers for those arrested so far due to the scale and there is no accurate record of all the persons who have been called into questioning. However we can produce more information on this given time.
● In October 2022, at least 20 activists have been called for questioning by the TID. Lawyers believe that their summons is linked to the TID obtaining phone records for Wasantha Mudalige and harassing all those who have been in communication with him and linked to the protests. There has been no court to order to enable access to phone records. No reasons have been given for this summons and students have refused to comply so far. They have made a written request seeking clarification on the purpose of arrest.
Proposed Rehabilitation Bill – to target protesters:
In October the government introduced the Bureau of rehabilitation bill that grants wide powers to the executive – including the military to detain and ‘rehabilitate’ persons based on vague and over wide criteria. While the rehabilitation process in itself and the bureau are deeply flawed – the constitutionality of which is currently being challenged in a fundamental rights petition to the Supreme Court – the wording of the law raises serious concern that protesters will be targeted as violent and extremist groups and detained against their will and subject to rehabilitation if the new law goes through. Below is an analysis of the proposed bill by a human rights lawyer engaged in the protests.
“Thought Crime”
1. The interpretation clause interprets ‘rehabilitation’ as “treatment and rehabilitation, aftercare and support services which includes a set of interventions designed to optimise functioning and reduce disability in individuals with health and mental conditions when interacting with their environment, to be as independent as possible in everyday activities and enables participation in education, work, recreation and a meaningful life”
2. Clause 3 indicates persons coming under this act including “ex combatants, members of violent extremist groups and any other groups’ shall be subjected to ‘treatments and rehabilitation by adopting various therapies in order to ensure effective reintegration and reconciliation”
3. The scheme of this Act based on the above clauses indicates that “ex combatants, members of violent extremist groups and any other group of persons with consent or without consent be subjected to rehabilitation adopting ‘various therapies’ which includes medical therapies (oral submission of State), forced labour and “a set of interventions designed to optimise functioning and reduce disability in individuals with health and mental conditions” (interpretation clause of the Bill).
4. Therefore the Bill foresees psychological treatment for persons with no diagnosed or treatable psychological conditions. The Bill is vague and does not specify how these ‘groups’ of persons will be diagnosed, who authorises these ‘various therapies’ and what it means when the interpretation clause says “optimise functioning and reduce disability in individuals with health and mental conditions”, when there is no indication that any one category falling under this act has any diagnosed mental condition or a person must be diagnosed with a mental condition before admission to the Rehabilitation centre.
5. Further it is stated the Bill compels obedience in the event an inmate resists treatment. Clause 24 envisages a situation that a person without authority can supply dangerous drug, narcotic drug or psychotropic substance. However the Bill in no place states an inmate can refuse or has the right to refuse to intake dangerous drug, narcotic drug or psychotropic substance if it is administered by persons in ‘authority’
6. In fact Clause 27 makes it an offence if an inmate “obstructs or attempts to obstruct any person employed in any Centre for Rehabilitation in the performance of his duties under this Act”. In other words even resisting the administration of drugs by persons in Authority (which may include persons employed in the centre as envisaged in Clause 27) is an offence.
7. Clause 26 by saying ‘Any person employed in a Centre for Rehabilitation who without reasonable cause strikes, wounds, ill-treats or willfully neglects any person under rehabilitation” implies that an inmate can not only be struck and wounded but also “ill treat(ed) and ‘wilfully neglected’.
8. Hence submission of an inmate through torture is also legal in this rehabilitation camp.
9. Clause 28 (1) suggests that even if a person voluntarily enters treatment he cannot leave the facility and that he can be “apprehended by any police officer, any authorised member of the Forces or any officer appointed under this Act and returned to the Centre for Rehabilitation.” In the absence of any other provision in the Bill to state how exactly a person can end this therapy, when voluntary exit from the camp can also be termed as “escape” from the institution, a person once admitted does not have the right to leave. Clause 28(2) further grants the authority power to “use all such means including minimum force” to “to compel obedience”
10. In summary this rehabilitation center envisages medical psychological treatment for persons who have no diagnosed mental conditions, physical torture, forced labour, the removal of the right to self-defense in the event of torture and forced obedience even through the use of minimum force by persons in authority. In effect, an inmate is compelled to think differently or the mind is weakened through physical torture and labour and mental torture and drugs.
11. Groups of persons admitted to this centre can also include groups of persons following a political idea which the state may find deviant to dominant ideas (In the 1930s and 1940s in Germany Marxists and Communists were forcibly interned in camps which later become known as ‘concentration camps’1 ) , or following a particular religious beliefs (in China Uyghur Muslims are interned in ‘re-education camps’2) and of a particular sexual orientation (experimenting with ‘conversion therapies on gay and lesbian persons3) ‘rehabilitation’ amounts to “torture or to cruel, inhuman or degrading treatment or punishment.”
SUGGESTED ACTION:
Please write to the Sri Lankan authorities stop the reprisals against peaceful protesters and calling on the government of Sri Lanka to:
● Immediately release and discharge unconditionally, IUSF Convenor, Wasantha Mudalige and Galwewa Siridhamma Himi, all PTA detainees, and all peaceful protesters currently being held in remand custody.
● Protect the right to peaceful protest in line with Sri Lanka’s national and international commitments.
● Immediately cease reprisals including disproportionate use of force, surveillance, and legal persecution of peaceful protesters
● Cease the use of anti-terror legislation (PTA) and institutions meant to combat terror against peaceful protesters;
● Ensure that protesters are not arrested as reprisal for their peaceful dissent on trivial, fabricated or politically motivated charges;
● Ensure that all measures taken to respond to protests are proportionate and do not cause harm to the lives and safety of those protesting;
● For those held in remand, and especially for those held under the PTA ensure effective access to family and lawyers and remove technical obstacles to family visits and meetings with lawyers.
● Ensure that prison conditions are appropriate and in keeping with Sri Lankan’s national and international obligations on the rights of prisoners – including access to sanitary conditions, healthcare, food and all basic necessities consistent with the right to life and dignity of prisoners.
● Given reports of the conditions in the Tangalle detention Centre – urgently move the two remaining student detainees from the Tangalle detention centre to a regular prison facility, which is accessible to family members and lawyers pending release.
● Ensure that all legal safeguards including direct supervision of conditions by the relevant court; are promptly carried out.
● Call on the National Human Rights Commission to proactively visit those in detention and remand, with special emphasis on the three students held under PTA
● In light of the economic crisis facing Sri Lanka and the financial cost of the State response to peaceful protests ensure an independent inquiry and make public a report on the costs incurred to date including on the deployment of troops, military tanks, tear gas and other crowd control measures – the burden of which will be carried by Sri Lankan citizens.
● Adhere to the Moratorium on the use of the PTA committed to by the Sri Lankan Government in 2021 and reiterate the longstanding call to Repeal the PTA and release all long term Tamil and Muslim detainees currently held under the PTA
● To adhere to the conditions of GSP+ which includes the amendment of the PTA and its limited usage.
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SAMPLE LETTER
SRI LANKA: Peaceful Protesters Face Attacks, Reprisals, and Arbitrary Detention
Name of the Victims:
1. Mr. Wasantha Mudalige (29), Convenor of the Inter University Student Federation (IUSF)
2. Mr. Galwewa Siridhamma Himi (26), Convenor of the Inter University Bhikku Federation
3. Mr. Siridhamma Thero, a student
Names of the Alleged Perpetrators:
1. Officers attached to the Peliyagoda police station, Colombo, Sri Lanka
2. Officers attached to the Fort Police Station, Colombo, Sri Lanka
Date of Incident: 18 August 2022
Place of the Incident: Peliyagoda Police
I am writing to voice my deep concern regarding the arbitrary detention of three student leaders for 62 days without allowing them the access to justice. The three detainees are held at the Tangalle detention centre, which is an abandoned prison and is a matter of serious concerns given its isolation and dilapidated condition.
I have learned from the Asian Human Rights Commission (AHRC) that Wasantha Mudalige (29), Convenor of the Inter University Student Federation (IUSF), and Galwewa Siridhamma Himi (26), Convenor of the Inter University Bhikku Federation, were arrested from a peaceful protest on 18 August, 2022. Both student leaders have been in detention under the Prevention of Terrorism Act (PTA) for 62 days now, and have not yet been produced before the courts.
The use of PTA against peaceful protesters is extremely concerning. The PTA is a draconian legislation that enables long term incarceration without charge or judicial review, and undermines basic procedural safeguards under regular law. Under the PTA, protections granted to suspects under ordinary penal law, including the non-admission of confessions given to the police, the right to judicial oversight within 24 hours, and the right of access to lawyers, are denied. Recent amendments to the PTA have failed to effectively cure systemic defects in the law. Tamils and Muslims have been disproportionately targeted historically under the PTA and labeled as terrorists. Calls for repeal have so far been ignored by the State. In fact, the use of the PTA against the three student leaders is despite prior assurances by this government of a moratorium on the use of the anti-terror law and repeated and public calls from the international community against its use against the three students.
Based on information shared by lawyers for the three students – the State has failed to comply even with the draconian provisions of the PTA. The three students were held for over 96 hours without being produced before a Magistrate and without a detention order being issued. This is a violation of the regular law; but also the PTA which requires a Detention Order (DO) to be issued within 72 hours.
I express my deep concerns over the safety of Wasantha Mudaliege. There are continuing concerns for the safety of detainees who are held at the Tangalle detention centre given its isolation, dilapidated condition and the fact that Navy and plain clothes personnel, rather than regular prison officials are in charge of the day to day operations of the centre.
I am especially concerned about a serious threat to the life of the Convenor of the Inter University Student Federation, Wasantha Mudalige, as he has been taken out of the regular detention centres at night for interrogation. On each occasion Wasantha has been blind-folded and taken by Police, at night to several different locations in and around Colombo and interrogated. This has been confirmed by both his lawyers and his brother, following their last visits to him.
I believe that due to a lack of evidence against the student movement, the State is attempting to frame him for acts of arson and the death of an MP, that took place on the 9th of May, 2022, and ban and label the IUSF as “terrorists”.
I am aware that the Opposition Leader, Sajith Premadasa too, raised this grave threat in Parliament on 5 October 2022.
The treatment of Wasantha – especially being taken out of his regular place of detention, including to and from Colombo regularly without at least informing the Human Rights Commission of Sri Lanka (HRCSL), is particularly chilling, as the Sri Lankan State is notorious for “disappearing” and carrying out custodial and extra-judicial killings of dissidents and witnesses – especially during similar operations to ‘gather evidence’.
I have learned that the lawyers have also reported after their most recent visit this week, that Wasantha has not been questioned for the last two weeks, and Siridhamma Himi has only been questioned on four occasions over the course of the entire 61 day detention period. This is clear indication that the State has no evidence against them, and that their detention is clearly a vindictive witch-hunt by the Wickremesinghe-Rajapaksa regime.
The manner of arrest on the vague reasons and the authorities’ failure to comply with legal provisions regarding arrest. I have learned that on 18 August, large numbers of police armed with batons and some even armed with rifles, used excessive force against peaceful protesters, including beating, and firing teargas and water cannons. The police chased protesters down the streets, and arrested 20 protestors from different locations in Colombo.
I am informed Wasantha Mudalige and Hashan Jeewantha were chased down by Police jeeps as the protest was dispersed, and arrested at Gaspaha junction, and Siridhamma Thero was arrested at Borella by the Sri Lanka police. Wasantha was taken to the Peliyagoda police station, and Siridhamma Thero was taken to the Fort Police.
It is disturbing to know that while all others arrested were released on bail – Chintaka Rajapakse, a human rights defender was remanded until 26th August, due to them charging him with entering the President’s Palace as well, after he was arrested from the protest. Wasantha, Siridhamma Thero and Hashan were held for over 73 hours at the Peliyagoda police without being produced before a Magistrate, which was not in compliance with the Criminal Procedure Code.
Although the National and International rights groups and the diplomatic community made strong and public appeals to Sri Lankan authorities not to invoke the draconian PTA against the three students, and to honour the unofficial moratorium against its use yet the government of Sri Lanka keeps disregarding the calls for abiding by the due process of law to protect the rights of the detainees.
While failing to produce the students before a Magistrate in compliance with regular law, authorities also failed to issue a Detention Order (DO) within the mandated 72 hours in compliance with the draconian PTA.
I am appalled to learn that the lawyers were not able to speak to the three students immediately after their arrest. At around 9am on 22 August, lawyers for the students raised an alert that the students could not be found at the Peliyagoda Police Station. Police claimed that the students had been moved to the Terrorism Investigation Department (TID) under a Detention Order (DO). This was later proved false. Upon an official request from the student’s lawyer – the TID stated that the students were not in their custody and that they were not aware of a DO against the students.
I am informed that at around 6pm on 22 August, 2022 – Detention Orders were issued against the three students – well past the 72 hour deadline set under the PTA. Further, only Siridhamma Thero’s Arrest Receipt specifically mentioned the PTA as the basis for arrest.
The failure to comply with the legal provisions under ordinary law and/or the PTA; lack of access to lawyers; failure to share information regarding their place of detention; and deliberate misinformation regarding the place of detention and basis for incarceration (reason; but also whether a DO had in fact been issued) is a clear violation of their rights in the process and immediate aftermath of arrest.
I am disturbed to know that after the Detention Order was issued the students were taken to the Tangalle detention centre – where they have been held for the entire periods. The detention centre is known to be an abandoned prison, and only the three students are being held there in tandem. This centre is in an extremely dilapidated and unsafe condition, not suitable for human inhabitation.
I am informed that the centre is controlled by the Navy for the perimeter and external security; and plain-clothes intelligence officers inside.
I have learned that the students are also brought frequently to Colombo for interrogation. In Colombo the students are held at the TID office in Narahenpita – in separate, dark, windowless cells.
The choice of Tangalle as a detention centre is allegedly a deliberate attempt to isolate the students from family who live far away, and lawyers, and harass those who aim to visit and support the students. I know that the Magistrate had visited the students in Tangalle in early September, in accordance with amendments to the PTA, where the Magistrate is tasked with visiting the place of detention and monitoring conditions. Yet the prolonged arbitrary detention continues with the detainees have ever produced before the Magistrate for a proper hearing of the case.
It is very serious matter of concerns that the detention centre in Tangalle is an old dilapidated building, which is a health and safety hazard. I am informed that it is not used for regular prisoners and the students must be moved into a regular prison and/or better facility pending release. In both detention centres, students are held in small, dark, separate cells, in solitary confinement, amounting to psychological torture.
It is very worrying to know that the students are denied adequate bathing facilities and sanitary conditions. The food given to the detainees is below average standards as admitted even by TID/authorities. Food cannot be provided by family, except for packeted products that are unopened. Home cooked food is not permitted. The reason given is the risk of poisoning, which is not a reasonable or acceptable explanation. Family members state that even in the case of packeted food, there are long delays of weeks before the food provided is given to the students.
I have learned that the three students have been granted limited access to their lawyers and to family members. Approval is regularly delayed and is purely at the discretion of the TID officials. The family members have been able to visit the students with extreme difficulty. Only family certified as blood relatives by the Grama Sevaka (local government officer) can visit. Even once this is confirmed, the students have to consent each time before a family member can visit them.
I am aware that the families fear that in the event that the students are physically tortured, the TID could tell families that the detainees refused to give consent to their visit, until there is no physical evidence/scars left of any torture.
I demand that the student’s file must also be present at the location where the family member visits. Since the students are frequently moved around – this has raised serious challenges for visits. For instance, Wasantha’s brother shared that when he visited his brother in Tangalle he was informed that Wasantha had been brought to Colombo. When he came to Colombo he was told that the file for his brother was still in Tangalle, and that he could not see his brother. For reference, the distance from Wasantha’s home in Dambana where his parents live, to Colombo, is 267km (a 6 hour journey at a minimum); from Dambana to Tangalle is 240km (5 ½ hour journey). Tangalle to Colombo is 146km (3 hour journey).
I am aware that the family members are economically poor, forced to take a day off work and travel back and forth using public transport. The deliberate failure to share information and several administrative obstacles, from requests for Grama Sevaka reports and birth certificates; obtaining consent for each visit; requirement of the detainee file in the same physical location, are all intended to punish and further harm the detainees and their families. The decision to move the detainees to Tangalle is also aimed at reducing access to family and lawyers.
It is important to note that in Colombo the detainees can only be visited on the weekend by family; and in Tangalle detainees can be visited on weekdays only.
I know that the lawyers are permitted to visit once a week, but have to request the TID for permission each time. So even lawyer visits are at the discretion of the TID. For the first 1.5 weeks of their detention, lawyers were not given access to the students. Initially, only one lawyer was given access. Later, after several challenges, a second lawyer was also permitted access. Overall, the lawyers have been able to visit the students about five times in total, at one or other of the two locations. They last visited the students last week.
I am highly concerned that the lawyers cannot access the detainee without the detainee consenting to that specific lawyer. This means that the TID can prevent access on the guise that the detainee has refused to give consent. If there is torture or other ill treatment – this approach could result in delays and prevent timely intervention.
I have learned that the protest on 18 August was organised by the IUSF as a continuation of key demands of the people’s struggle; condemning the repression against peaceful protesters; and the close of universities. Prior to the protest, there was no interaction with authorities including police. There was also no court order against the protest. Police however had deployed a large number of police officers, in buses and on foot at key locations close to the protest route. They also formed human barriers of large numbers of officers along the route the protestors marched on, blocking their path.
I am informed that the protestors marched from Lipton Circus in Colombo 7 along Union Place. They were chanting protest slogans and carrying banners making demands of the government to stop the repression of fellow protestors. There was a group of musicians at the front of the crowd, playing instruments to accompany the chants. They had barely walked 2km when the Police, who had then formed the barrier, began to fire tear gas and water cannons to disperse the protestors.
I know that the Police used tear gas and water cannons on the protestors. Videos showed them also beating protestors with police batons. The Police chased protestors as some of them retreated, arresting 20 persons including Wasantha Mudalige, Siridamma Thero, Hashan Jeewantha and human rights defender Chintaka Rajapaksa. While all those arrested were released the following day – Chinthaka was remanded until 26 August and the other three activists were issued detention orders over 73 hours later – and are currently in administrative detention under the PTA.
It is highly disturbing to know that surveillance, intimidation and interrogation of the families of the three leaders continue under Detention Orders. Other students in the IUSF have also been under surveillance and called in for questioning. The protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction of public property.
I am aware that similar to 18 August, even at the 30th August Protest, there was no prior engagement or interaction between police and the protesters prior to the protest. There was no court order against the protest. A large number of police were deployed on the protest route; with police forming a human barrier to block the route before the protest had even started. The Police made an announcement over a loudspeaker that the protest was illegal in that the organisers had not given notice to the Police 6 hours in advance that the protest was to take place.
According to the information the protestors had planned to march from Elphinstone Theatre in Colombo 10 along Olcott Mawatha towards the Fort Railway Station. However, on seeing the police presence, they turned 180 degrees and carried out their march away from the Police, so as to avoid confrontation with them. Protesters were clear that they did not wish to confront the police. The protesters were chanting protest verses and carrying banners making demands of the government to stop the repression of fellow protestors, and that the three arrested student leaders be released. There was a group of musicians at the front of the crowd, playing instruments to accompany the chants. They had walked just over 1km when the Police began forming a barricade and advancing along their new path. Protestors sat on the ground, again to avoid confrontation with the Police. However the Police began to fire tear gas and water cannons to disperse the protestors. They then chased protestors along the road as some of them retreated, arresting them on the spot.
I have learned that the Police used tear gas and water cannons on the protestors. Batons had also been used to beat some of the arrested protestors.
I am informed that 28 protestors were arrested and were taken to police stations, and made to stay in the cells. Among them was a 17-year old boy who was made to stay with 6 others in an adult cell. They were all granted bail the next day
I know that the students in the IUSF have also been under surveillance and called in for questioning. Other protestors too, continue to be called in for questioning. Protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction to private property.
I am aware that a press conference held soon after the August 30th protest too, was disrupted by the Police who surrounded the venue and asked to question former Convenor of the IUSF, Lahiru Weerasekara, a young political activist. Based on past practice by law enforcement, these are clear indications that he too, if arrested, could be detained under the PTA. Lahiru currently faces 18 charges, of which only three are frivolous charges related to the people’s struggle. The other 15 are all relating to protests during his time as Convenor, which was between 2015-18. This is a clear indication of the State targeting him, even though he has continued to cooperate with investigations and judicial processes.
I am informed that the IUSF obtained a sound permit from the Police and municipality to carry out a rally/meeting at Hyde Park in Colombo. The Police had deployed several officers in buses and on foot essentially surrounding the grounds from all four sides. Water cannons were also seen parked close to the location.
I am also aware that the crowd gathered for the rally were seated in plastic chairs on the grounds. On a stage set up for the occasion, several speakers were seated. Each of them spoke at a podium to the gathered crowd, on the repression of the protestors and the people’s way forward. Music groups also performed during the evening. However, no one from the protest was arrested that day.
It is very worrying to know that the students in the IUSF and other protestors continue to be under surveillance and called in for questioning. Protestors who were part of the people’s occupation of the Presidential mansion, Prime Ministerial mansion and Presidential Secretariat and others continue to be arrested under charges of unlawful assembly and destruction to private property.
According to information the Socialist Youth Union (SYU) had informed the nearest Police Station regarding their protest march and started to proceed with the march as planned. There was no court order against the protest. A large number of police were deployed on the protest route. The Police made an announcement over a loudspeaker that the protest was illegal in that the organisers had not given notice to the Police 6 hours in advance that the protest was to take place, even though they had.
I have been informed that they had walked just over 1km or so, when the Police began forming a barricade and advancing along their new path. The Police proceeded to fire teargas and water cannons to disperse the protestors. They then chased protestors along the road as some of them retreated, arresting them on the spot.
I am highly disturbed to know that batons had also been used to beat some of the arrested protestors and some were injured by falling to the ground from the force of the water cannons. As a result six protesters were hospitalised. Five were discharged the next day, but, whilst one was admitted to the Neuro Trauma Emergency Treatment Unit of the National Hospital for critical treatment.
I am informed that 85 protestors, including two minors (14 and 17 years) were arrested and taken to police stations, and made to stay in the cell. The 14 year old was discharged on the same day evening. The rest of the 84 were released on bail the next day. 81 of the 84 were granted police bail, whilst 3 were produced before the Magistrate.
I am aware that the IUSF after having paid for and booked a venue from local Government authorities, for a Joint Rally Against Repression to be held in Kiribathgoda, was refused permission a day before their rally when they went to obtain a Sound Permit from the Police, which the Police also refused to give them. When the students proceeded to protest regardless, they were met with the same repression from the Police, having to face tear gas and water cannons, and one student Bhikku activist being arrested. Peaceful protestors gathered at Galle Face to commemorate the fallen heroes of the People’s Struggle, where they were hoping to light lamps and have some cultural activity.
I have learned that hundreds of Police and the STF, in buses and trucks, and water cannon and tear gas trucks, were already at the location, by the time protestors got there. The Police then proceeded to provoke protestors and confront them, by saying that they couldn’t protest at Galle Face, and to move the protest further down the Galle Road, towards Kollupitiya. Protestors resisted this continuous repression by the Police, resulting in a confrontation, and the police using excessive force against protestors, and making 6 arrests.
It is appalling to know that the intimidation of students and activists linked to the protests have become a routine. The Police records indicate over 3000 arrests so far. The exact numbers for those arrested so far due to the scale is not known yet and there is no accurate record of all the persons who have been called into questioning maintained whatsoever. Transparent efforts must be in place to produce more information on this given time.
I know that in October 2022, at least 20 activists have been called for questioning by the TID. Lawyers believe that their summons is linked to the TID obtaining phone records for Wasantha Mudalige and harassing all those who have been in communication with him and linked to the protests. There has been no court to order to enable access to phone records. No reasons have been given for this summons and students have refused to comply so far. They have made a written request seeking clarification on the purpose of arrest.
I am aware that in October the Sri Lankan government introduced the Bureau of rehabilitation bill that grants wide powers to the executive – including the military to detain and ‘rehabilitate’ persons based on vague and over wide criteria. While the rehabilitation process in itself and the bureau are deeply flawed – the constitutionality of which is currently being challenged in a fundamental rights petition to the Supreme Court – the wording of the law raises serious concern that protesters will be targeted as violent and extremist groups and detained against their will and subject to rehabilitation if the new law goes through. Below is an analysis of the proposed bill by a human rights lawyer engaged in the protests.
“Thought Crime”
I am aware that the interpretation clause interprets ‘rehabilitation’ as “treatment and rehabilitation, aftercare and support services which includes a set of interventions designed to optimise functioning and reduce disability in individuals with health and mental conditions when interacting with their environment, to be as independent as possible in everyday activities and enables participation in education, work, recreation and a meaningful life”
I know that the Clause 3 indicates the persons coming under this act including “ex combatants, members of violent extremist groups and any other groups’ shall be subjected to ‘treatments and rehabilitation by adopting various therapies in order to ensure effective reintegration and reconciliation”
I am informed that the scheme of this Act based on the above clauses indicates that “ex combatants, members of violent extremist groups and any other group of persons with consent or without consent be subjected to rehabilitation adopting ‘various therapies’ which includes medical therapies (oral submission of State), forced labour and “a set of interventions designed to optimise functioning and reduce disability in individuals with health and mental conditions” (interpretation clause of the Bill).
Therefore, the Bill foresees psychological treatment for persons with no diagnosed or treatable psychological conditions. The Bill is vague and does not specify how these ‘groups’ of persons will be diagnosed, who authorises these ‘various therapies’ and what it means when the interpretation clause says “optimise functioning and reduce disability in individuals with health and mental conditions”, when there is no indication that any one category falling under this act has any diagnosed mental condition or a person must be diagnosed with a mental condition before admission to the Rehabilitation centre.
Further it is stated the Bill compels obedience in the event an inmate resists treatment. Clause 24 envisages a situation that a person without authority can supply dangerous drug, narcotic drug or psychotropic substance. However the Bill in no place states an inmate can refuse or has the right to refuse to intake dangerous drug, narcotic drug or psychotropic substance if it is administered by persons in ‘authority’
In fact Clause 27 makes it an offence if an inmate “obstructs or attempts to obstruct any person employed in any Centre for Rehabilitation in the performance of his duties under this Act”. In other words even resisting the administration of drugs by persons in Authority (which may include persons employed in the centre as envisaged in Clause 27) is an offence.
I am aware that Clause 26 by saying ‘Any person employed in a Centre for Rehabilitation who without reasonable cause strikes, wounds, ill-treats or willfully neglects any person under rehabilitation” implies that an inmate can not only be struck and wounded but also “ill-treat(ed) and ‘wilfully neglected’. Hence submission of an inmate through torture is also legal in this rehabilitation camp.
I am aware that Clause 28 (1) suggests that even if a person voluntarily enters treatment he cannot leave the facility and that he can be “apprehended by any police officer, any authorised member of the Forces or any officer appointed under this Act and returned to the Centre for Rehabilitation.” In the absence of any other provision in the Bill to state how exactly a person can end this therapy, when voluntary exit from the camp can also be termed as “escape” from the institution, a person once admitted does not have the right to leave. Clause 28(2) further grants the authority power to “use all such means including minimum force” to “to compel obedience”
In summary this rehabilitation center envisages medical psychological treatment for persons who have no diagnosed mental conditions, physical torture, forced labour, the removal of the right to self-defense in the event of torture and forced obedience even through the use of minimum force by persons in authority. In effect, an inmate is compelled to think differently or the mind is weakened through physical torture and labour and mental torture and drugs.
Groups of persons admitted to this centre can also include groups of persons following a political idea which the state may find deviant to dominant ideas (In the 1930s and 1940s in Germany Marxists and Communists were forcibly interned in camps which later become known as ‘concentration camps’4) , or following a particular religious beliefs (in China Uyghur Muslims are interned in ‘re-education camps’5) and of a particular sexual orientation (experimenting with ‘conversion therapies on gay and lesbian persons6) ‘rehabilitation’ amounts to “torture or to cruel, inhuman or degrading treatment or punishment.”
I urge the Sri Lankan authorities to stop the reprisals against peaceful protesters and calling on the government of Sri Lanka to:
1. Immediately release and discharge unconditionally, IUSF Convenor, Wasantha Mudalige and Galwewa Siridhamma Himi, all PTA detainees, and all peaceful protesters currently being held in remand custody.
2. Protect the right to peaceful protest in line with Sri Lanka’s national and international commitments.
3. Immediately cease reprisals including disproportionate use of force, surveillance, and legal persecution of peaceful protesters
4. Cease the use of anti-terror legislation (PTA) and institutions meant to combat terror against peaceful protesters;
5. Ensure that protesters are not arrested as reprisal for their peaceful dissent on trivial, fabricated or politically motivated charges;
6. Ensure that all measures taken to respond to protests are proportionate and do not cause harm to the lives and safety of those protesting;
7. For those held in remand, and especially for those held under the PTA ensure effective access to family and lawyers and remove technical obstacles to family visits and meetings with lawyers.
8. Ensure that prison conditions are appropriate and in keeping with Sri Lankan’s national and international obligations on the rights of prisoners – including access to sanitary conditions, healthcare, food and all basic necessities consistent with the right to life and dignity of prisoners.
9. Given reports of the conditions in the Tangalle detention Centre – urgently move the two remaining student detainees from the Tangalle detention centre to a regular prison facility, which is accessible to family members and lawyers pending release.
10. Ensure that all legal safeguards including direct supervision of conditions by the relevant court; are promptly carried out.
11. Call on the National Human Rights Commission to proactively visit those in detention and remand, with special emphasis on the three students held under PTA.
12. In light of the economic crisis facing Sri Lanka and the financial cost of the State response to peaceful protests ensure an independent inquiry and make public a report on the costs incurred to date including on the deployment of troops, military tanks, tear gas and other crowd control measures – the burden of which will be carried by Sri Lankan citizens.
13. Adhere to the Moratorium on the use of the PTA committed to by the Sri Lankan Government in 2021 and reiterate the longstanding call to Repeal the PTA and release all long term Tamil and Muslim detainees currently held under the PTA.
14. To adhere to the conditions of GSP+ which includes the amendment of the PTA and its limited usage.
1. https://encyclopedia.ushmm.org/content/en/article/communism-1, as viewed on 10th May, 2022
2. https://www.theguardian.com/world/2020/sep/24/china-has-built-380-internment-camps-in-xinjiang-study-finds, https://www.ohchr.org/en/press-releases/2022/08/un-human-rights-office-issues-assessment-human-rights-concerns-xinjiang as viewed on 10th May, 2022
3. https://www.history.com/news/gay-conversion-therapy-origins-19th-century, as viewed on 10th May, 2022
4. https://encyclopedia.ushmm.org/content/en/article/communism-1, as viewed on 10th May, 2022
5. https://www.theguardian.com/world/2020/sep/24/china-has-built-380-internment-camps-in-xinjiang-study-finds, https://www.ohchr.org/en/press-releases/2022/08/un-human-rights-office-issues-assessment-human-rights-concerns-xinjiang as viewed on 10th May, 2022
6. https://www.history.com/news/gay-conversion-therapy-origins-19th-century, as viewed on 10th May, 2022
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ranil Wickremasinghe
President
