Sri Lanka: Threats against Prof. Tenuwara and Viyangoda -Urgent attention required

We, the undersigned concerned about democracy, justice and rule of law in Sri Lanka, are alarmed at the threats made against two senior civil society activists for filing an application in the Court of Appeal (CA) challenging the validity of the dual citisenship declaration belonging to Gotabaya Rajapaksa, Presidential aspirant and former Secretary, Ministry of Defence.

We understand that Prof. Chadraguptha Thenuwara and Gamini Viyangoda filed the case following submissions made by the Criminal Investigation Department (CID) to the Magistrates Court on this issue highlighting irregularities in the issuing of the declaration. The case was heard before a divisional bench headed by the CA President Justice Yasantha Kodagoda and was dismissed on 4 October. The Petitioners received threatening messages soon after the case was filed in the CA on 27 September and these messages have continued following the dismissal of the case.

We note that Gotabaya Rajapaksa submitted nomination papers on 7 October to contest the forthcoming Presidential elections as the candidate of the Sri Lanka Peoples Party (SLPP).

We are especially troubled by a series of threatening events and messages which include threats to person when in public places, telephone messages, and hate speech on social media platforms, mainly on Facebook, levelled against Prof. Thenuwara and Viyangoda. Some of the threats posted on Facebook immediately following the dismissal of the case were collated by the BBC’s Sinhala News page on 6 October titled ‘White Van threats to Thenuwara and Viyangoda on social media’ (https://www.bbc.com/sinhala/world49945479).

Among them were a number referring to disappearance by white van such as “get ready for a white van ride”, “these are the types of blackguards who must be given trips in white vans”, “who knows where they live?”, “They don’t deserve a quick funeral, their arms and legs should be broken and they should be made to suffer…” and so on.

A web post under IRAJ productions dated 3 October warned, “No one who touched the Rajapaksas fared well” and went on to threaten, “After the Presidential Election we will begin our work once we have sent the two pariahs who filed the case against Gotabaya to the other world. Be prepared. Victory to the motherland!!!”. In response Madhumadhawa Aravinda linked the threat to the disappearance of Pradeep Eknaligoda saying, “There is another name like Viyangoda. That is known as Eknaligoda. We wish them well.”

Prof. Thenuwara and Viyangoda first made a complaint to the CID and subsequently filed the case in the CA as citizens concerned with the integrity of the forthcoming elections, and to ensure that any alleged fraud or irregularity is independently investigated and action taken by the relevant authorities. This is a fundamental right of every citizen and should be exercised without fear of threat or intimidation.

These threats are meant to strike fear into the hearts of those who work for rights and justice in Sri Lanka. Individuals working on these issues will make every effort to resist any such climate of intimidation and fear. We are also concerned that these threats are a reminder of Sri Lanka’s recent past when activists, media and lawyers came under attack for challenging the previous regime of President Mahinda Rajapaksa. Investigations into the killing of Lasantha Wickrematunge, disappearance of Prageeth Ekneligoda and assault against Keith Noyahr are some of the cases where journalists were targeted during this period with investigations still pending.

We note that Prof. Thenuwara and Viyangoda made a complaint to the CID regarding these threats on 8 October and asked for investigation and protection. In a context where Prof. Thenuwara and Viyangoda are facing continued intimidation, we urge the authorities to take immediate steps to investigate these threats and to provide them with security.

We also request the supporters of Gotabaya Rajapaksa to respect the rights of all citizens to exercise their fundamental rights and to desist from making threatening remarks or engaging in any form of intimidation. As a candidate in the forthcoming elections, it is paramount Rajapaksa as well as the SLPP call on their supporters to respect the right to dissent and act responsibly during elections and thereafter.

Finally, we call on the Elections Commission to take all measures to prevent hate speech and violence in the lead up to and during elections and to secure democratic space required for the conducting of free and fair elections in Sri Lanka.

14 October 2019

Signed by:

1. A. Haniffa

21. Young Asia Television