The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN human rights experts to the Government of Sri Lanka on 25 October 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 26 December 2024.
Since the communication was sent, there has been no progress on the complaints made by Mrs. Nelum Kumuduni Jayasekara regarding threats to her life. The Special Rapporteur also received information that two more security incidents occurred in December 2024, with intruders forcibly entering her home at night, however no investigation has been opened by the police. No protective measures have been implemented either.
This is a shorter version of the original communication.
BACKGROUND
Topic: the reported threats and intimidation of woman human rights defender Mrs. Nelum Kumuduni Jayasekara, acting on the alleged disappearance of her son.
Mrs. M. Nelum Kumuduni Jayasekara is a woman human rights defender who works on enforced disappearances and advocates for the rights to truth and justice for victims of the human rights violation and their families. She began working on the issue following the alleged enforced disappearance of her son [name redacted] in March 2024. Since then, she has been involved in demonstrations and press conferences and submitted complaints to the Human Rights Commission and the Office of Missing Persons.
ALLEGATIONS
On 27 March 2024, Mrs. Jayasekara’s son, [name redacted]left his home at around 6.30 p.m.
At approximately 8.30 p.m., a group of six men and two women arrived at the house of Mrs. M. Nelum Kumuduni Jayasekara in a white van (plate number NC PC 2725). The group confiscated the mobile phones of the family members present in the house and interrogated them individually as to Mr. [name redacted]’s movements, reportedly mentioning that he was in their custody and was a suspect in a murder case in Galaboda. His nephew was reportedly blindfolded by the group and severely beaten. Mrs. Jayasekara was subjected to threats and harassment by the individuals, and coerced to sign a statement, without being allowed to read it before signing.
On 28 March 2024, Mrs. Jayasekara reported the enforced disappearance of her son to the Horowpathana police (complaint No. CIB/1/395/43), as well as submitted a complaint to the Human Rights Commission and the Office on Missing Persons.
On 31 March 2024 at approximately 9 a.m., six members of the group returned to Mrs. Jayasekara’s house to inquire as to whether her son [name redacted] had returned home, allegedly clarifying that he was not in their custody. The group searched the house, reportedly without providing a reason. The father of [name redacted]and husband of Mrs. Jayasekara signed a piece of paper presented to them by the group, which had on it the term ‘STF’, referring to the Special Task Force (STF) of the police.
On 7 April 2024, plainclothes individuals who claimed to be from the STF visited Mrs. Jayasekara’s home and reportedly expressed annoyance regarding the complaints she had lodged with police in relation to the enforced disappearance of her son.
On 20 April 2024, Mrs. Jayasekara’s son [name redacted]was reportedly produced at the Pitigala police station.
On 21 April 2024, Mrs. Jayasekara visited her son at the Pitigala police station. During the visit, he told her that his captors had reportedly instructed him to tell her to cease her media work.
On 14 May 2024, the Human Rights Commission informed the Attorney General that it had grounds to believe that an offence may have been committed under section 3 of the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 5 (2018) regarding the alleged enforced disappearance of Mrs. Jayasekara’s son [name redacted]. The Commission reportedly recommended that the Attorney General provide requisite advice to the police to initiate a criminal investigation into the case. The Commission also urged the Attorney General to consider the initiation of proceedings before the High Court under the terms of the Act.
On 18 May 2024, posters appeared near Mrs. Jayasekara’s home, which claimed her son was a murderer and called for Mrs. M. Nelum Kumuduni Jayasekara to be expelled from the village.
On 13 June 2024, Mrs. Jayasekara made a submission to the office of the Attorney General under the International Convention for the Protection of All Persons from Enforced Disappearance Act No. 5 (2018), regarding her son’s enforced disappearance.
On 15 June 2024, at approximately 12.30 a.m., Mrs. Jayasekara received a phone call in which the caller threatened both her and her family. The caller also reportedly told her “We are not afraid of any legal action you take. Know that we will destroy your family”. Later that day, Mrs. Jayasekara reported the call, including the phone number, at Ambalangoda Police Station.
On 17 June 2024, a police officer at Ambalangoda Police Station informed Mrs. Jayasekara that the person to whom the phone number was registered with was a driver in Pannala, northwestern Province, and suggested she call the individual herself to understand why he made the threat. Later that day, Mrs. Jayasekara spoke on the phone with the person who had made the threatening call, who claimed to have made the call as a joke and asked that she not take any action against him.
On 18 June 2024 at approximately 8.30 a.m., Mrs. M. Nelum Kumuduni Jayasekara received a call from the police officer, telling her that the individual who had made the threatening phone call had been calling frequently, asking that she drop the claim against him as it was causing him trouble. He then reportedly suggested to Mrs. Jayasekara that she drop the case, to which she responded that she did not want to withdraw the complaint and wished to pursue justice for the threatening call. She was reportedly informed that her initial complaint had been noted and if she received another threat, it would be re-investigated.
Later that day, Mrs. Jayasekara, her husband and representatives from the civil society organization supporting them, Committee for Protecting Rights of Prisoners (CPRP) attended a meeting with two human rights advisers at the UN. As they left the UN compound after the meeting, they were approached by a uniformed police officer who questioned Mrs. Jayasekara about her name, and then questioned the CPRP’s representatives, asking for their names too. The group expressed to the police officer that they deemed the questioning unnecessary, given that their names and IDs had already been provided to the UN before entering the compound. The police officer then approached a man in plainclothes, pointed at the group and reportedly said something to the men, who then proceeded to take photos of Mrs. Jayasekara, her husband and the CPRP representatives. The police officer reportedly made several phone calls. Once the group left the UN compound, they were reportedly followed by the plainclothes man for approximately 20-30 minutes.
On or around 20 June 2024, Mrs. Jayasekara’s neighbour informed her that she had been approached by two people on a motorcycle while walking on the main road. The two men reportedly asked her about the whereabouts of Mr. [name redacted], the brother of Mrs. Jayasekara’s son [name redacted]who is also accused in the same murder case. The two men also reportedly instructed the woman not to tell anyone that they had asked about his whereabouts. The brother had been granted bail on 19 June 2024, but was held in detention, reportedly in relation to other proceedings against him.
The same day at around 9.30 p.m., the woman reportedly saw the same two people on the motorcycle stop in front of Mrs. Jayasekara’s house and appeared to observe it closely. At that time, Mrs. Jayasekara was standing in the yard of the house alone and was quickly instructed by the neighbour to go back inside. After she did so, the two individuals on the motorcycle left.
On 12 July 2024, Mrs. Jayasekara was attacked by group of people, reportedly led by [name redacted], an illegal liquor dealer from the area and a relative of a police officer at the Ambalangoda Police station. During the attack, which occurred near Athuraliya Road, Pattini Temple in Galle district, the individual reportedly told Mrs. Jayasekara that the Police Special Task Force (STF) had instructed him to evict her and her family from the village. One of Mrs. Jayasekara’s nephews who was with her during the attack was admitted to Balapitiya Base Hospital to receive treatment for the injuries he incurred. At around 10 p.m. the same day, Mrs. Jayasekara lodged a complaint regarding the attack at the Ambalangoda Police station, under the number CIB 5 90/18.
On 13 July 2024, at around 1am, the individual reportedly attempted to break into Mrs. Jayasekara’s house with a sword, striking a window. Although he was unsuccessful, Mrs. Jayasekara rang Ambalangoda Police station to report the incident, as well as the Police Emergency Hotline. No police from Ambalangoda Police station came in response to the call, only police from the Emergency Hotline.
On 14 July 2024, police from Ambalangoda station attempted to arrest the individual at his home, but he was not there at the time. The officers reportedly assured Mrs. Jayasekara that they were not involved in the incident and that they would arrest him as soon as possible.
On 19 July 2024, Mrs. Jayasekara was summoned to the Ambalangoda police station in relation to the complaint she made in response to the attack against her on 12 July 2024. This was the third time she had been summoned to the police station in relation to the complaint, only to find that the police were yet to conduct an investigation into it. On this occasion, [name redacted] was also present, and the police reportedly gave him and Mrs. Jayasekara five minutes each to discuss and resolve the matter between them. In response to this, Mrs. Jayasekara insisted that a serious threat had been made against her and declined to engage in any reconciliatory measures and recalled that according to [name redacted] himself, he had been instructed by the Ambalangoda Police and STF to evict her and her family from the village. That same day, the police arrested and later released him on bail, pending a court appearance, the date of which is yet to be confirmed.
Upon returning home from the police station, the elder brother of [name redacted] attempted to attack Mrs. Jayasekara near her home. She immediately returned to Ambalangoda Police station to report the incident, which the police officer noted in his notebook but did not lodge it in the formal complaint book or provide Mrs. Jayasekara with a receipt or complaint number. She was reportedly advised to call the police in case of emergency and assured that a mobile unit would patrol her residential area, which it did twice that night.
CONCERNS
In the communication, we express concern regarding the alleged death threats, acts of intimidation and physical attacks against woman human rights defender Mrs. M. Nelum Kumuduni Jayasekara in connection with her peaceful and legitimate human rights work, advocating against enforced disappearance, and specifically the alleged enforced disappearance of her son. This concern is compounded by the information which seems to indicate that not only have the authorities responded with relative inertia to the attacks against Mrs. Jayasekara, but that in some cases they are alleged to have been involved in committing these threats and attacks against her, specifically the Police Special Task Force (STF). That the family members of victims of enforced disappearance are in turn subjected to seemingly punitive violations themselves for their efforts to expose and advocate against the initial human rights violation, is cause for serious concern.
We are further concerned about the notable chilling effect that this case is prone to have for other human rights defenders, particularly those working on the issue of enforced disappearances, in the country.
