AHRC
 Home   Archives   Subscribe   AHRC  ALRC  Article 2  Books  HR School  AHRC Links  
search this section
Advanced Search

 
 
UN HRCOUNCIL/ SRI LANKA: Death Threats and Infringements of Article 9 of the ICCPR


At a vigil last year in memory of slain journalists in Sri Lanka (Photo: freemediasrilanka.org)
On February 8, 2007 a leading politician and member of the Cabinet, Anura Bandaranaike, made a statement in Sri Lanka’s Parliament, stating that he had received several death threats. He said that “Threats were made not by the President but by those who are close to him. They are misusing the powers given to them by the President.” The minister had made complaints to the police and the investigations into the allegations begun.

Subsequently, on February 11, the Executive President of the  country, Mr. Mahinda Rajapakse, told the media there was also a threat to his life and ordered a top-level inquiry into the alleged conspiracy to cause him physical harm.1 He also intimated that this might be linked to acts encouraging the LTTE. Thereafter The Executive President sacked three members of the Cabinet and removed the security that was usually provided to Ministers. Those who had their security removed included Anura Bandaranaike.

The making of death threats has become a common part of day-to-day life in Sri Lanka. Among those targeted are politicians, members of various rival factions of armed political groups, journalists, any dissidents and businessmen. However, death threats are also spreading into other areas of life, including: against complainants who alleged abuses of rights, such as torture, by law enforcement agencies, and who pursue complaints before courts or the Human Rights Commission; or between rivals pursuing either criminal or civil legal cases; or even between persons who have petty jealousies at a professional or personal level.

Such threats causes serious stress and fears among the recipients and their family members. Given that the frequency with which such threats are carried out, they are not to be ignored. Under these circumstances, the making of such death threats should be treated as a serious infringement of the right to liberty and security of the person, and legal procedures should be developed for the proper investigation and prosecution of such offences. 

Champika Liyanaarachchi, Editor of the Daily Mirror who was allegedly threatened by Gotabhaya Rajapakse the Defence Secretary and also the incumbent President's brother, after the newspaper published two articles that apparently displeased him. (Photo: www.google.com)
The now common use of death threats in Sri Lanka has increased over time, particularly since the repressive measures adopted by the government in 1971 to suppress a minor rebellion by a political group know Janatha Vimukti Peramuna (JVP).There has been no official count of the persons killed during the repression of this rebellion. However, there is common acceptance that the figure is over 10,000 persons. Again, between 1987 and 1991 over 30,000 people disappeared in the south and a number of commissions appointed by subsequent governments to report on these incidents have published their official reports.
2 In the protracted internal conflict in the north and the east, large numbers of people have been killed or have disappeared. Besides, hundreds of thousands of people have been displaced. In all instances, the death threats have been made by groups allegedly associated with rebels as well as with the State.

The Asian Legal Resource Centre (ALRC) submits that the widespread nature and frequency of such death threats is a major cause for insecurity in the country. Therefore the State owes an obligation to its citizens to take sufficient measures to discourage the making of such threats and to find ways to take effective legal action to stop the spread of this practice. However, the ALRC notes that there is currently no serious attempt to study this situation with a view to finding a solution that eliminates this practice.

The ALRC urges the Human Rights Council, the UN Office of the High Commissioner for Human Rights, as well as other UN agencies and international bodies, to take up this matter with Sri Lanka and to conduct constructive dialogue with a view to bringing this practice to an end.


1Sunday Times, February 11, 2007
2please see www.disappearances.org

Posted on 2007-04-12
     
 
Asian Human Rights Commission

7 users online
1185 visits
1216 hits

For any suggestions, please email to: support@ahrchk.net