Subject: UA 86/96 on Sri Lanka From: "Mariellen Dwyer" TO: SRI LANKA NET FROM: Jim McDonald, AIUSA Sri Lanka Coordinator RE: New Urgent Action appeal on Sri Lanka DATE: Mar. 28, 1996 Below is an urgent action appeal issued by Amnesty International today. UA 86/96 'Disappearance' March 28, 1996 SRI LANKA Kanapathipillai Satheesh Kumar, aged 29 Kanapathipillai Satheesh Kumar, a Tamil from Jaffna, who had recently returned to Sri Lanka from Saudi Arabia, has 'disappeared'. He was arrested by members of the army with one other person around midnight on 7 March 1996 at 133/2 Armour Street, Colombo 12. The other person, who was initially also reported 'disappeared', was traced in the custody of the Crime Detection Bureau (CDB) on 18 March. He is currently in detention at the 6th Floor, Police Headquarters. He has reportedly confirmed that he last saw Kanapathipillai Satheesh Kumar in army custody on 11 March. Amnesty International, during a recent research visit to Sri Lanka, interviewed the relatives of Kanapathipillai Satheesh Kumar, who were also initially taken into military custody. The relatives confirmed that they last saw him when they were being driven in an army truck (registration: 61-5387) in Pettah, Colombo 11. They were later escorted back home by a Tamil-speaking officer who allegedly told them not to worry as Satheesh Kumar was only needed to make a statement and would be returned after two days. The relatives have since made inquiries at various police stations and army camps near Colombo. They have also visited Magazine and Welikada prison but to date they have not been able to establish Satheesh Kumar's whereabouts. In addition, they have made complaints to the International Committee of the Red Cross and a member of parliament. The latter has reportedly appealed to the Human Rights Task Force (HRTF), the Secretary, Ministry of Defense, the Commander of the Army and the Inspector General of Police but has not received any responses so far. The President of Sri Lanka has reportedly responded to his appeal saying 'action will be taken'. BACKGROUND INFORMATION In mid-1995, the government reinstated the powers of the HRTF, an independent body set up by the previous government to monitor and safeguard the welfare of detainees. Shortly afterwards, the President issued directives to the heads of the security forces to safeguard the rights of detainees. Among the measures introduced was the issuing of 'arrest receipts' with the name and rank of the arresting officer, the time and date of arrest and the place at which the person will be detained. In addition, the security forces have been directed to inform the HRTF of any arrest or detention 'forthwith, and in any case not later than forty-eight hours from the time of such arrest or detention' and the place at which the person is being held. Amnesty International has welcomed these measures and has urged that all necessary steps be taken to ensure strict implementation. However, when meeting with officials of the Ministry of Defence during a research trip to the country in early March 1996, the organization was told that the issuing of 'arrest receipts' was 'impractical'. While appreciating that it may not be possible in some exceptional circumstances to issue such a document at the time of arrest, Amnesty International is urging that record is made of why it was not possible to issue such a document, as indeed is provided for in the presidential directives. In any case, Amnesty International believes there cannot be any excuse for not informing the HRTF within 48 hours of arrests and detention. At the time of writing, 21 days have lapsed since the arrest of Kanapathipillai Satheesh Kumar and Amnesty International understands that the HRTF still has not been informed of his whereabouts. Amnesty International is deeply concerned about the 'disappearance' of Kanapathipillai Satheesh Kumar since 7 March 1996 when he was arrested by the army at Armour Street, Colombo 12. Amnesty International urges that the Sri Lankan government swiftly investigate the whereabouts and safety of Kanapathipillai Satheesh Kumar and ensure that, if there are no recognisably criminal charges against him, he be immediately and unconditionally released. Amnesty International also urges the government of Sri Lanka to ensure that the safeguards on arrest and detention introduced in July 1995, particularly the need to inform the HRTF of any arrest and detention within 48 hours, are fully implemented and that steps are taken to discipline officers who fail to enforce them.