Friday, May 6, 2011
Thursday, May 5, 2011
Wednesday, May 4, 2011
Threats and intimidation of Mr. Thushara Javaratne, in relation to the exposing of irregularities at Sri Lanka Law College 17t" March 2011
1. Names of the alleged victim:
• Mr. Dasanayeke Mudiyansclage Thushara Jayarathne
n National Identity Card No.: 720692368V
• Law College Registration Number: 17988
Mr. Thushara Jayarathne is a final year student at the Sri Lanka Law College. http:/itvww_justi cenlinistry.gov.lkILaw%20college/SRI%20LANKA%20I,A W %20COLLEG E.htm
2. Background and reasons for violation:
{Victim's attempts to highlight irregularities regarding examinations at the Sri Lanka Law College - a State educational institute)
Mr. Jayarathne is a final year student at the Law College and was registered to it for the final year examinations conducted by the Law College between October and December 2010. Mr. Jayarathne completed 7 of the 9 subjects examined for the final year. He was unable to appear for the final two papers due to the threats and intimidation made against him by Law College officials, morefully detailed below.
On 3`d December 2010, shortly before the Commercial Law II examination, Mr. Jayarathne came to know that this paper had been unlawfully leaked before the scheduled time for the examination. Mr. Jayarathne immediately raised the issue with the invigilator in charge of the exam hall and also complained to the Office Manager of the I.aw College who rejected his complaint. Mr. Jayarathne's subsequent complaint to the Bribery and Corruption Commission of Sri Lanka was also rejected.
On 3`d December, Mr. Jayarathne lodged a complaint with the local Police Station (Keselwatte Police, in the Colombo District). Although the Police initially refused to record the complaint, Mr. Jayarathne eventually succeeded in having his complaint recorded under Complaint No: MOB 81139. Mr. Jayarathne is aware that the police, acting on his complaint, visited the Law College and recorded statements from the Principal and the Registrar of the Law College with respect to his allegations regarding the leaked exam paper.
Following this, Mr. Jayarathne received several threatening phone calls from Law College officials who threatened to kill him or abduct him if he did not immediately withdraw his complaint with the police. As a result of these threats, Mr. Jayarathne was unable to appear for the final two papers due to fears for his safety. Although his father made several appeals to Iocal human rights defenders to help ensure his safety and facilitate his appearance at these exams, no one was able to guarantee his safety inside the Law College premises.
The incident at Law College and the threats against Mr. Jayarathne received wide publicity in the local and international media. As a result of the serious negative publicity generated by
the incident, the Principal Law College, by his letter dated 6 5 January 2011, ordered Mr. Jayarathne to appear for an inquiry on 1 lth January at the Law College premises. The Ietter threatened that if Mr. Jayarathne failed to appear at the inquiry and state reasons for his allegations Iegal action will be taken against him by the College for making false allegations against its officials.
Mr. Jayarathne attended the inquiry on 11`x' December, despite significant fears for his security. At the inquiry, Mr. Jayarathne detailed the following information:
a. The Commercial Law II exam paper scheduled for 3rd December 2010 had been leaked and the question paper was being discussed by students before the examination. Mr. Jayarathne's complaints in this regard to the lead invigilator in the exam hall and the Office Manager of Law College were both rejected.
b. Mr. Jayarathnc's previous complaints regarding the preferential treatment provided to Mr. Namal Rajapakse (Member of Parliament and the elder son of President Mahinda Rajapaksc), who sat for the same final year examination, by Law College officials has also not been accepted by the authorities. Mr. Jayarathne stated that on each day of the final year exams, he personally witnessed Mr. Rajapakse enter an air conditioned room, equipped with computers, to sit for the examination in complete violation of standard Law College exam procedure. The Examination Rules are extremely strict regarding the use of electronic equipments and students are repeatedly ordered to switch off and hand over their mobile phones prior to the exam. Although the Principal, Law College claimed to the local media that there were three other (unidentified) students present in the room with Mr. Rajapakse during the exams, Mr. Jayarathne never saw any person other than Mr. Rajapakse enter the room prior to each exam,
c. Following the incident on 3`d December, Mr. Jayarathne received threatening phone calls from the Office Manager of the Law College to his mobile phone. The calls were made using the Law College landline. Details of the threats are described morefuliy below.
3. AIleged violations committed against the victims
3.1 Following the incident on 3'° December, Mr. Jayarathne received several threatening phone calls - as many as three a day - pressuring him to withdraw his complaint against the Sri Lanka Law College. The initial calls were made to his mobile number from the Law College landline and Mr. Jayarathne clearly identified the Office Manager, Law College as the caller. On each occasion, Mr. Jayarathne has been abused in foul Ianguage and threatened with death or abduction if he did not cease his complaints against the Law College. Following the wide publicity given in the local and international media, particularly the BBC to the threats and persecution against Mr. Jayarathne the calls eventually ceased.
3.2 On 4t5 March 2011, at or around 1I am, Mr. Jayarathne was abducted by two unidentified men from a public bus stop in Colombo. Mr. Jayarathne was standing at a bus stop in Kohuwala (in the Colombo District) when he was approached by two men who informed him that they wished to record his statement. Fearing for his safety, Mr. Jayarathne refused to make a statement and immediately boarded a public bus heading out of Colombo. A short while later, Mr. Jayaratlme realised that the two men had also boarded the same bus. When Mr. Jayarathne attempted to get off the bus at the Pillawa bus stop (also in Colombo) the men followed him and forced him into a white van which was parked nearby. Mr. Jayarathne was then taken to an unknown location and interrogated for several house before being released at or around 11 pm the same day. The men questioned Mr. Jayarathne regarding his complaints against the
Registrar of Law College and also about his complaints to international organisations. Mr. Jayarathne has lodged a complaint regarding the incident with the Inspector General of Police and the National Human Rights Commission on 7'h March 2011. The complaints were sent by registered post since Mr. Jayarathne is afraid to enter any local police station in Sri Lanka out of fear for his safety.
3.3 When Mr. Jayarathne attempted to lodge a complaint at the Bribery and Corruption Commission office in Colombo, on 4'h December 2010, a senior official on the second floor, in charge of receiving and recording complaints, threatened Mr Jayarathne, stating specifically that `the nature of the world is that big creatures will swallow small creatures and that anyone who doesn't understand and accept this will suffer the fate of Aristotle and Plato'.
3.4 By his letter dated 6th January 2011 (Refer annex 1), the Principal, Law College, ordered Mr. Jayaratne to appear before an inquiry into the complaint he had lodged with the local police. In the same letter, the principal threatened to conduct a disciplinary inquiry and take action against Mr. Jayarathne for lodging false complaints, in case he didn't appear for the inquiry scheduled for 11 rh January 2011.
3.5 Mr. Jayaratne raised objections with the Inquiry Officer against the inquiry being held under the authority of the Principal and the Office Manager - two key perpetrators identified above. The Principal is accused of providing additional facilities to Mr. Namal Rajapakse in violation of standard Law College Procedure. The Office Manager has allegedly refused to accept Mr. Jayarathnc's complaints and subsequently made threatening phone calls on Mr. Jayarathne's phone. However, these objections were ignored by the Inquiring Officer (Attorney at Law, Mr. Uditha Egelehewa).
3.6 During the inquiry held at the Law College on 11`1' January 2011, the Inquiring Officer refused to consider Mr. Jayarathne's submission regarding the threats made by the Office Manager to Mr. Jayarathne's mobile phone on the I.aw College landline.
3.7 Although, the Inquiring Officer promised to send Mr. Jayarathne certified copies of his testimony during the hearing, but Mr. Jayarathnc had not received any documents as of 8th February 2011.
3.8 Mr. Jayarathne believes that this inquiry was conducted to persecute and punish him, rather than to deal with his allegations of exam related irregularities.
3.9 The Principal, Law College has made several baseless allegations to the media that Mr. Jayarathne has been making unfounded complaints regarding exam irregularities due to his (Mr. Jayarathne's) weakness in the English language.
3.10 Mr. Jayarathne also considers as a threat, the Principal's statement to the online media (Lanka E News) that a decision has been taken regarding Mr. Jayarathne by the Legal Education Council. I-Iwever the principal failed to provide details of the decision, The Chief Justice of Sri Lanka in his statement to the BBC has denied that such a decision has been made.
httO:llwww.bbc.co.uk/sinhelalnewslstory120111011110130 law college ci.shtmi
4. Actions taken 1 response of authorities:
Complaints regarding the telephone threats and general fear and insecurity had been sent by registered post on 15`h December 2010 to the Chief Justice, Ombudsman and National Human Rights Commission by Mr. Jayarathne.
n A complaint had been sent to the Chief Justice by Mr. Jayaratne through registered post on 26th January 2010 regarding concerns arising out of the inquiry held on 11'h January at the Law College.
A further complaint was send to the Chief Justice by Mr. Jayaratne by registered post on 31't January 201 I, based on his belief that the arson attack on Lanka Enews office on 3 is' January 2011, may also be due to the publicity Lanka Enews had given to Mr. Jayarathne, when very few media houses were willing to publicize the news. In this complaint, Mr. Jayarathne had stated that Mr. Namal Rajapakse may have been angered by the news reporting of Lanka Enews on this ease and suggested that statements be obtained from Mr. Namal Rajapakse and the Principal of Law College.
n Complaint dated 15th December 2010 was submitted to the National Human Rights Commission (N1--IRC) regarding the incident and threats received by Mr. .Jayarathne and was recorded under No. HRC14 0 5 1120 1 0. In response, the Commission by its Ietter dated, 03rd February 2011 informed Mr. Jayarathnc that a complaint had been recorded and was being considered by the Commission. The NHRC by its Ietter dated 3 March 2011 informed Mr. Jayarathne of its decision to terminate the inquiry into his complaint based on the fact that his complaint was outside the purview of the NHRC mandate.
• A further complaint regarding the abduction on 4'h March 2011 was submitted to the NHRC on 7`h March 2011. By its letter dated 11th March 2011 the NHRC informed Mr. Jayarathne of its refusal to take any further action regarding his complaint (recorded as HRC179612011) since the complaint did not indicate a violation of his fundamental rights under the Constitution and did not fall within the mandate of the NHRC. The NIIRC also suggested that Mr. Jayarathne submit a complaint in this regard with the local police for relief.
n In response to the complaint made by Mr. Jayarathne to the Ombudsman, the Ombudsman's office has sent a letter dated 14th January 2011 (Ref. P12/5/2597) to the Commissioner General of the Bribery and Corruption Commission and the Officer in Charge of the Keselwatte Police requesting reports regarding the said complaint on or before the 261h January 2011.
5. Requests:
• Immediate stop to the harassment and intimidation of Mr. Jayaratne due to his pursuance of complaints regarding irregularities in examinations at the Law College
n Guarantee security of Mr. Jayaratne
• Investigate threats and intimidations against Mr. Jayaratne
• Investigate the allegations of irregularities at the Law College
6. Additional information
6.1 Statement by the Asian Human Rights Commission
http://www.ahrclilc. nctlstatementslmainfile.php12006statemcntsl3 0131?print=ves
6.2 Media report by BBC
http:llwww. hhc.co. uklsinhalahnews/story/2011101 / I 1 [3109 law college.shtml
hftp:1l.bbc.co.uk1sinhalalnews1stoN12011101/110130 law college ci.shtml
6.3 Media report by Lanka Enews
http:/1www.e1ankancws.info1201 I I01 /law-college-exam-malpractices-and.html
hitp:llwww. l an kaen ews. c omlEng l i sh/nc ws. php? i d=10 6 3 2
• Mr. Dasanayeke Mudiyansclage Thushara Jayarathne
n National Identity Card No.: 720692368V
• Law College Registration Number: 17988
Mr. Thushara Jayarathne is a final year student at the Sri Lanka Law College. http:/itvww_justi cenlinistry.gov.lkILaw%20college/SRI%20LANKA%20I,A W %20COLLEG E.htm
2. Background and reasons for violation:
{Victim's attempts to highlight irregularities regarding examinations at the Sri Lanka Law College - a State educational institute)
Mr. Jayarathne is a final year student at the Law College and was registered to it for the final year examinations conducted by the Law College between October and December 2010. Mr. Jayarathne completed 7 of the 9 subjects examined for the final year. He was unable to appear for the final two papers due to the threats and intimidation made against him by Law College officials, morefully detailed below.
On 3`d December 2010, shortly before the Commercial Law II examination, Mr. Jayarathne came to know that this paper had been unlawfully leaked before the scheduled time for the examination. Mr. Jayarathne immediately raised the issue with the invigilator in charge of the exam hall and also complained to the Office Manager of the I.aw College who rejected his complaint. Mr. Jayarathne's subsequent complaint to the Bribery and Corruption Commission of Sri Lanka was also rejected.
On 3`d December, Mr. Jayarathne lodged a complaint with the local Police Station (Keselwatte Police, in the Colombo District). Although the Police initially refused to record the complaint, Mr. Jayarathne eventually succeeded in having his complaint recorded under Complaint No: MOB 81139. Mr. Jayarathne is aware that the police, acting on his complaint, visited the Law College and recorded statements from the Principal and the Registrar of the Law College with respect to his allegations regarding the leaked exam paper.
Following this, Mr. Jayarathne received several threatening phone calls from Law College officials who threatened to kill him or abduct him if he did not immediately withdraw his complaint with the police. As a result of these threats, Mr. Jayarathne was unable to appear for the final two papers due to fears for his safety. Although his father made several appeals to Iocal human rights defenders to help ensure his safety and facilitate his appearance at these exams, no one was able to guarantee his safety inside the Law College premises.
The incident at Law College and the threats against Mr. Jayarathne received wide publicity in the local and international media. As a result of the serious negative publicity generated by
the incident, the Principal Law College, by his letter dated 6 5 January 2011, ordered Mr. Jayarathne to appear for an inquiry on 1 lth January at the Law College premises. The Ietter threatened that if Mr. Jayarathne failed to appear at the inquiry and state reasons for his allegations Iegal action will be taken against him by the College for making false allegations against its officials.
Mr. Jayarathne attended the inquiry on 11`x' December, despite significant fears for his security. At the inquiry, Mr. Jayarathne detailed the following information:
a. The Commercial Law II exam paper scheduled for 3rd December 2010 had been leaked and the question paper was being discussed by students before the examination. Mr. Jayarathne's complaints in this regard to the lead invigilator in the exam hall and the Office Manager of Law College were both rejected.
b. Mr. Jayarathnc's previous complaints regarding the preferential treatment provided to Mr. Namal Rajapakse (Member of Parliament and the elder son of President Mahinda Rajapaksc), who sat for the same final year examination, by Law College officials has also not been accepted by the authorities. Mr. Jayarathne stated that on each day of the final year exams, he personally witnessed Mr. Rajapakse enter an air conditioned room, equipped with computers, to sit for the examination in complete violation of standard Law College exam procedure. The Examination Rules are extremely strict regarding the use of electronic equipments and students are repeatedly ordered to switch off and hand over their mobile phones prior to the exam. Although the Principal, Law College claimed to the local media that there were three other (unidentified) students present in the room with Mr. Rajapakse during the exams, Mr. Jayarathne never saw any person other than Mr. Rajapakse enter the room prior to each exam,
c. Following the incident on 3`d December, Mr. Jayarathne received threatening phone calls from the Office Manager of the Law College to his mobile phone. The calls were made using the Law College landline. Details of the threats are described morefuliy below.
3. AIleged violations committed against the victims
3.1 Following the incident on 3'° December, Mr. Jayarathne received several threatening phone calls - as many as three a day - pressuring him to withdraw his complaint against the Sri Lanka Law College. The initial calls were made to his mobile number from the Law College landline and Mr. Jayarathne clearly identified the Office Manager, Law College as the caller. On each occasion, Mr. Jayarathne has been abused in foul Ianguage and threatened with death or abduction if he did not cease his complaints against the Law College. Following the wide publicity given in the local and international media, particularly the BBC to the threats and persecution against Mr. Jayarathne the calls eventually ceased.
3.2 On 4t5 March 2011, at or around 1I am, Mr. Jayarathne was abducted by two unidentified men from a public bus stop in Colombo. Mr. Jayarathne was standing at a bus stop in Kohuwala (in the Colombo District) when he was approached by two men who informed him that they wished to record his statement. Fearing for his safety, Mr. Jayarathne refused to make a statement and immediately boarded a public bus heading out of Colombo. A short while later, Mr. Jayaratlme realised that the two men had also boarded the same bus. When Mr. Jayarathne attempted to get off the bus at the Pillawa bus stop (also in Colombo) the men followed him and forced him into a white van which was parked nearby. Mr. Jayarathne was then taken to an unknown location and interrogated for several house before being released at or around 11 pm the same day. The men questioned Mr. Jayarathne regarding his complaints against the
Registrar of Law College and also about his complaints to international organisations. Mr. Jayarathne has lodged a complaint regarding the incident with the Inspector General of Police and the National Human Rights Commission on 7'h March 2011. The complaints were sent by registered post since Mr. Jayarathne is afraid to enter any local police station in Sri Lanka out of fear for his safety.
3.3 When Mr. Jayarathne attempted to lodge a complaint at the Bribery and Corruption Commission office in Colombo, on 4'h December 2010, a senior official on the second floor, in charge of receiving and recording complaints, threatened Mr Jayarathne, stating specifically that `the nature of the world is that big creatures will swallow small creatures and that anyone who doesn't understand and accept this will suffer the fate of Aristotle and Plato'.
3.4 By his letter dated 6th January 2011 (Refer annex 1), the Principal, Law College, ordered Mr. Jayaratne to appear before an inquiry into the complaint he had lodged with the local police. In the same letter, the principal threatened to conduct a disciplinary inquiry and take action against Mr. Jayarathne for lodging false complaints, in case he didn't appear for the inquiry scheduled for 11 rh January 2011.
3.5 Mr. Jayaratne raised objections with the Inquiry Officer against the inquiry being held under the authority of the Principal and the Office Manager - two key perpetrators identified above. The Principal is accused of providing additional facilities to Mr. Namal Rajapakse in violation of standard Law College Procedure. The Office Manager has allegedly refused to accept Mr. Jayarathnc's complaints and subsequently made threatening phone calls on Mr. Jayarathne's phone. However, these objections were ignored by the Inquiring Officer (Attorney at Law, Mr. Uditha Egelehewa).
3.6 During the inquiry held at the Law College on 11`1' January 2011, the Inquiring Officer refused to consider Mr. Jayarathne's submission regarding the threats made by the Office Manager to Mr. Jayarathne's mobile phone on the I.aw College landline.
3.7 Although, the Inquiring Officer promised to send Mr. Jayarathne certified copies of his testimony during the hearing, but Mr. Jayarathnc had not received any documents as of 8th February 2011.
3.8 Mr. Jayarathne believes that this inquiry was conducted to persecute and punish him, rather than to deal with his allegations of exam related irregularities.
3.9 The Principal, Law College has made several baseless allegations to the media that Mr. Jayarathne has been making unfounded complaints regarding exam irregularities due to his (Mr. Jayarathne's) weakness in the English language.
3.10 Mr. Jayarathne also considers as a threat, the Principal's statement to the online media (Lanka E News) that a decision has been taken regarding Mr. Jayarathne by the Legal Education Council. I-Iwever the principal failed to provide details of the decision, The Chief Justice of Sri Lanka in his statement to the BBC has denied that such a decision has been made.
httO:llwww.bbc.co.uk/sinhelalnewslstory120111011110130 law college ci.shtmi
4. Actions taken 1 response of authorities:
Complaints regarding the telephone threats and general fear and insecurity had been sent by registered post on 15`h December 2010 to the Chief Justice, Ombudsman and National Human Rights Commission by Mr. Jayarathne.
n A complaint had been sent to the Chief Justice by Mr. Jayaratne through registered post on 26th January 2010 regarding concerns arising out of the inquiry held on 11'h January at the Law College.
A further complaint was send to the Chief Justice by Mr. Jayaratne by registered post on 31't January 201 I, based on his belief that the arson attack on Lanka Enews office on 3 is' January 2011, may also be due to the publicity Lanka Enews had given to Mr. Jayarathne, when very few media houses were willing to publicize the news. In this complaint, Mr. Jayarathne had stated that Mr. Namal Rajapakse may have been angered by the news reporting of Lanka Enews on this ease and suggested that statements be obtained from Mr. Namal Rajapakse and the Principal of Law College.
n Complaint dated 15th December 2010 was submitted to the National Human Rights Commission (N1--IRC) regarding the incident and threats received by Mr. .Jayarathne and was recorded under No. HRC14 0 5 1120 1 0. In response, the Commission by its Ietter dated, 03rd February 2011 informed Mr. Jayarathnc that a complaint had been recorded and was being considered by the Commission. The NHRC by its Ietter dated 3 March 2011 informed Mr. Jayarathne of its decision to terminate the inquiry into his complaint based on the fact that his complaint was outside the purview of the NHRC mandate.
• A further complaint regarding the abduction on 4'h March 2011 was submitted to the NHRC on 7`h March 2011. By its letter dated 11th March 2011 the NHRC informed Mr. Jayarathne of its refusal to take any further action regarding his complaint (recorded as HRC179612011) since the complaint did not indicate a violation of his fundamental rights under the Constitution and did not fall within the mandate of the NHRC. The NIIRC also suggested that Mr. Jayarathne submit a complaint in this regard with the local police for relief.
n In response to the complaint made by Mr. Jayarathne to the Ombudsman, the Ombudsman's office has sent a letter dated 14th January 2011 (Ref. P12/5/2597) to the Commissioner General of the Bribery and Corruption Commission and the Officer in Charge of the Keselwatte Police requesting reports regarding the said complaint on or before the 261h January 2011.
5. Requests:
• Immediate stop to the harassment and intimidation of Mr. Jayaratne due to his pursuance of complaints regarding irregularities in examinations at the Law College
n Guarantee security of Mr. Jayaratne
• Investigate threats and intimidations against Mr. Jayaratne
• Investigate the allegations of irregularities at the Law College
6. Additional information
6.1 Statement by the Asian Human Rights Commission
http://www.ahrclilc. nctlstatementslmainfile.php12006statemcntsl3 0131?print=ves
6.2 Media report by BBC
http:llwww. hhc.co. uklsinhalahnews/story/2011101 / I 1 [3109 law college.shtml
hftp:1l.bbc.co.uk1sinhalalnews1stoN12011101/110130 law college ci.shtml
6.3 Media report by Lanka Enews
http:/1www.e1ankancws.info1201 I I01 /law-college-exam-malpractices-and.html
hitp:llwww. l an kaen ews. c omlEng l i sh/nc ws. php? i d=10 6 3 2
SRI LANKA: Law student under threat writes to the Chief Justice April 12, 2011 ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME Urgent Appeal Update: AHRC-UAU-020-2011
SRI LANKA: Law student under threat writes to the Chief Justice
April 12, 2011
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-020-2011
12 April 2011
RE: AHRC-UAC-002-2011; SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
---------------------------------------------------------------------
SRI LANKA: Law student under threat writes to the Chief Justice
ISSUES: Threat to the life; police inaction in criminal investigation; impunity; rule of law
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of the law student, who is under threat in Sri Lanka, that he has sent a letter to the Chief Justice of Sri Lanka, informing the court about the threat to his life. In the letter, the victim, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna, explains the nature of threats that he faces now, and further that he is forced to live in hiding.
UPDATED INFORMATION:
For a complete background of the case, please read: AHRC-UAC-002-2011, AHRC-STM-269-2010, AHRC-PRL-010-2011 and an audio interview available, here.
The following is the reproduction of the letter sent by the victim in the case to the Chief Justice of Sri Lanka.
Honorable Chief Justice,
Supreme Court Complex,
Colombo 12.
11th April 2011
Dear Sir,
Further Threats and Harassment Against Law Student - Thushara Jayarathne
My name is D.M. Thushara Jayarathne. I am a Sri Lankan national bearing National Identity Card No. 720692368V. I am a final year student at the Sri Lanka Law College, registered to sit for the final year examinations between October and December 2010. Further to my previous letter to your Lordship, on 15th December 2010, citing several irregularities relating to the final year examinations conducted by Sri Lanka Law College, I wish to bring to my Lords' attention several further threats made against me following my complaint including an abduction and interrogation.
Following my complaint on 3rd December 2010, to the Keselwatta Police, regarding serious examination irregularities, the Principal, Law College, ordered me to appear before an internal inquiry on 11th January at the Law College premises. The Principal threatened that if I failed to appear and state reasons my allegations, legal action will be taken against me for making false allegations against Law College officials. I gave evidence before the inquiry panel on 11th December despite fears regarding my security. I was assured that further inquiry would be conducted and steps taken based on my evidence.
However I have not received any information regarding any such measures undertaken by Law College to date.
Ever since my complaint to the police on 3rd December, I have received continuous threatening calls on my mobile phone asking me to withdraw the complaint against Law College. Several calls were made from the Law College landline number which was recorded on my mobile phone. On 4th March 2011, I was abducted, at or around 11 am, by two unidentified men from a public bus stop in Colombo. The men took me to an undisclosed location and questioned me for several hours regarding my complaint against Law College and association with international human rights groups and the United Nations. I was finally released around 11 pm the same day.
I submitted complaints regarding threats faced and the abduction to the National Human Rights Commission (NHRC) and the Inspector General of Police by registered post but to my knowledge no action has been taken based on my complaints so far.
By its letter dated 3rd March 2011, the NHRC informed me that no further action would be taken regarding my complaint regarding exam irregularities at Sri Lanka Law College since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed me that it would take no further action based on my complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of my fundamental rights under the Constitution. However, I was visited by two uniformed police officers who recorded my statement and claimed to be acting on the NHRC complaint submitted by me. However, the officer refused to record my specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited my home and forced me to sign two documents which were written in English. I recognised one of the men as a person who visited my home and threatened me in March 2011. The men did not explain the contents of
the document to me and did not give me an opportunity to read the document. Since I was afraid for my life and safety I complied with their orders and signed the document under duress. I am not aware of the purpose of this visit and I am afraid that it might be an attempt to force me to withdraw the complaint against Law College. I wish to state that apart from my current complaint against the Law College, I have no other problems or conflict with any other individual or institution in Sri Lanka. Therefore I believe that the documents I was forced to sign, relate in some manner to the ongoing complaint against Law College.
My Lord, I wish to bring this incident to your attention as a means of protecting myself against any attempt to produce these documents before court and falsely represent that I had willingly consented to withdraw my complaints against the Law College and its officials. I fully intend to maintain my ongoing complaints regarding examination irregularities and the threats and harassment faced by me.
However, as a result of these threats and intimidation, I live in constant fear of a further attack and believe that I am no longer safe in my home. I am under tremendous pressure to withdraw the complaint against the Law College. As a result of these threats, I am compelled to leave my home immediately. I will be grateful if your Lordship could inquire into my case and communicate any decision by the Law College or the Legal Education Council to me by electronic communication.
I will be grateful if your Lordship will look upon my case with kindness and take steps to ensure my safety and security in Sri Lanka.
Thanking you,
Yours Sincerely
D.M. Thushara Jayarathne
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request an immediate investigation into the malpractice by the authorities of the Law College and the failure of the police to carry out any competent investigations. Please further request the Sri Lanka Police to provide protection for the threat to the life of Thushara and investigate and prosecute those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the IGP to carry out a special investigation into the malpractices of police officers who abuse their powers in favor of private parties.
The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard of United Nations on this regard.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
SRI LANKA: Law strudent's case must be treated seriously by the government and the victim provided protection
Name of the Victim: Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda
Alleged perpetrators: Police officers attached to the Keselwatte Police Station
Date of incident: 3 December 2010
Place of incident: Sri Lanka Law College
I have received information that on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure.
He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident. On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but they refused to record his complaint. He then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39.
However, the inquiries that have taken place so far on the basis of his complaint appears to be in line with further threatening of Thushara. Thushara also filed a complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court the police are behaving in such fashion as if to endanger his life further.
For instance, I am informed that vide letter dated 3rd March 2011, the NHRC informed Thushara that no further action would be taken regarding his complaint regarding exam irregularities since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed Thushara that it would take no further action based on his complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of Thushara's fundamental rights under the Constitution. However, two uniformed police officers who visited Thushara recorded his statement and claimed to be acting on the NHRC complaint submitted by Thushara. However, the officer refused to record Thushara's specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited Thushara's home and forced him to sign two documents which were written in English. Thushara recognised one of the men as a person who visited his home and threatened him in March 2011. The men did not explain the contents of the document to Thushara and did not give him an opportunity to read the document.
Since Thushara was afraid for his life and safety he complied with their orders and signed the document under duress. Thushara is not aware of the purpose of this visit and is afraid that it might be attempts to force him withdraw the complaint against Law College. I am informed that Thushara has written to the Supreme Court stating that apart from his complaint against the Law College, he has are no other problems or conflict with any other individual or institution in Sri Lanka.
Thushara now lives in hiding for fear of his life. It is believed that a the President's son is sitting for the same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
Thushara strongly states that inaction of an official duty by a police officer should be prosecuted in court. It also constitutes a situation of the violation of fundamental rights guaranteed to him by the Constitution of the country.
I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the life of this student. I am also requesting that the police officers who ignored his complaint, obviously in favour of the suspect, should be investigated and if proven guilty punished under the law of the country.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya Inspector
General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-020-2011
April 12, 2011
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-020-2011
12 April 2011
RE: AHRC-UAC-002-2011; SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
---------------------------------------------------------------------
SRI LANKA: Law student under threat writes to the Chief Justice
ISSUES: Threat to the life; police inaction in criminal investigation; impunity; rule of law
---------------------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of the law student, who is under threat in Sri Lanka, that he has sent a letter to the Chief Justice of Sri Lanka, informing the court about the threat to his life. In the letter, the victim, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna, explains the nature of threats that he faces now, and further that he is forced to live in hiding.
UPDATED INFORMATION:
For a complete background of the case, please read: AHRC-UAC-002-2011, AHRC-STM-269-2010, AHRC-PRL-010-2011 and an audio interview available, here.
The following is the reproduction of the letter sent by the victim in the case to the Chief Justice of Sri Lanka.
Honorable Chief Justice,
Supreme Court Complex,
Colombo 12.
11th April 2011
Dear Sir,
Further Threats and Harassment Against Law Student - Thushara Jayarathne
My name is D.M. Thushara Jayarathne. I am a Sri Lankan national bearing National Identity Card No. 720692368V. I am a final year student at the Sri Lanka Law College, registered to sit for the final year examinations between October and December 2010. Further to my previous letter to your Lordship, on 15th December 2010, citing several irregularities relating to the final year examinations conducted by Sri Lanka Law College, I wish to bring to my Lords' attention several further threats made against me following my complaint including an abduction and interrogation.
Following my complaint on 3rd December 2010, to the Keselwatta Police, regarding serious examination irregularities, the Principal, Law College, ordered me to appear before an internal inquiry on 11th January at the Law College premises. The Principal threatened that if I failed to appear and state reasons my allegations, legal action will be taken against me for making false allegations against Law College officials. I gave evidence before the inquiry panel on 11th December despite fears regarding my security. I was assured that further inquiry would be conducted and steps taken based on my evidence.
However I have not received any information regarding any such measures undertaken by Law College to date.
Ever since my complaint to the police on 3rd December, I have received continuous threatening calls on my mobile phone asking me to withdraw the complaint against Law College. Several calls were made from the Law College landline number which was recorded on my mobile phone. On 4th March 2011, I was abducted, at or around 11 am, by two unidentified men from a public bus stop in Colombo. The men took me to an undisclosed location and questioned me for several hours regarding my complaint against Law College and association with international human rights groups and the United Nations. I was finally released around 11 pm the same day.
I submitted complaints regarding threats faced and the abduction to the National Human Rights Commission (NHRC) and the Inspector General of Police by registered post but to my knowledge no action has been taken based on my complaints so far.
By its letter dated 3rd March 2011, the NHRC informed me that no further action would be taken regarding my complaint regarding exam irregularities at Sri Lanka Law College since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed me that it would take no further action based on my complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of my fundamental rights under the Constitution. However, I was visited by two uniformed police officers who recorded my statement and claimed to be acting on the NHRC complaint submitted by me. However, the officer refused to record my specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited my home and forced me to sign two documents which were written in English. I recognised one of the men as a person who visited my home and threatened me in March 2011. The men did not explain the contents of
the document to me and did not give me an opportunity to read the document. Since I was afraid for my life and safety I complied with their orders and signed the document under duress. I am not aware of the purpose of this visit and I am afraid that it might be an attempt to force me to withdraw the complaint against Law College. I wish to state that apart from my current complaint against the Law College, I have no other problems or conflict with any other individual or institution in Sri Lanka. Therefore I believe that the documents I was forced to sign, relate in some manner to the ongoing complaint against Law College.
My Lord, I wish to bring this incident to your attention as a means of protecting myself against any attempt to produce these documents before court and falsely represent that I had willingly consented to withdraw my complaints against the Law College and its officials. I fully intend to maintain my ongoing complaints regarding examination irregularities and the threats and harassment faced by me.
However, as a result of these threats and intimidation, I live in constant fear of a further attack and believe that I am no longer safe in my home. I am under tremendous pressure to withdraw the complaint against the Law College. As a result of these threats, I am compelled to leave my home immediately. I will be grateful if your Lordship could inquire into my case and communicate any decision by the Law College or the Legal Education Council to me by electronic communication.
I will be grateful if your Lordship will look upon my case with kindness and take steps to ensure my safety and security in Sri Lanka.
Thanking you,
Yours Sincerely
D.M. Thushara Jayarathne
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request an immediate investigation into the malpractice by the authorities of the Law College and the failure of the police to carry out any competent investigations. Please further request the Sri Lanka Police to provide protection for the threat to the life of Thushara and investigate and prosecute those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the IGP to carry out a special investigation into the malpractices of police officers who abuse their powers in favor of private parties.
The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard of United Nations on this regard.
To support this appeal, please click here:
SAMPLE LETTER:
Dear ___________,
SRI LANKA: Law strudent's case must be treated seriously by the government and the victim provided protection
Name of the Victim: Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda
Alleged perpetrators: Police officers attached to the Keselwatte Police Station
Date of incident: 3 December 2010
Place of incident: Sri Lanka Law College
I have received information that on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure.
He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident. On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but they refused to record his complaint. He then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39.
However, the inquiries that have taken place so far on the basis of his complaint appears to be in line with further threatening of Thushara. Thushara also filed a complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court the police are behaving in such fashion as if to endanger his life further.
For instance, I am informed that vide letter dated 3rd March 2011, the NHRC informed Thushara that no further action would be taken regarding his complaint regarding exam irregularities since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed Thushara that it would take no further action based on his complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of Thushara's fundamental rights under the Constitution. However, two uniformed police officers who visited Thushara recorded his statement and claimed to be acting on the NHRC complaint submitted by Thushara. However, the officer refused to record Thushara's specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited Thushara's home and forced him to sign two documents which were written in English. Thushara recognised one of the men as a person who visited his home and threatened him in March 2011. The men did not explain the contents of the document to Thushara and did not give him an opportunity to read the document.
Since Thushara was afraid for his life and safety he complied with their orders and signed the document under duress. Thushara is not aware of the purpose of this visit and is afraid that it might be attempts to force him withdraw the complaint against Law College. I am informed that Thushara has written to the Supreme Court stating that apart from his complaint against the Law College, he has are no other problems or conflict with any other individual or institution in Sri Lanka.
Thushara now lives in hiding for fear of his life. It is believed that a the President's son is sitting for the same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
Thushara strongly states that inaction of an official duty by a police officer should be prosecuted in court. It also constitutes a situation of the violation of fundamental rights guaranteed to him by the Constitution of the country.
I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the life of this student. I am also requesting that the police officers who ignored his complaint, obviously in favour of the suspect, should be investigated and if proven guilty punished under the law of the country.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya Inspector
General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-020-2011
harassment due to complaining about irregularities at the Law School exam sent an oral request to the Chief Justice through email
April 11, 2011
Share |
(Hong Kong, April 11, 2011) The Asian Human Rights Commission has previously reported the complaint of Dasanayaka Mudiyansalage Thushara Jayarathna, who complained about the irregularities at the Law School exam and the subsequent harassments he has suffered due to this complaint.
Kindly see SRI LANKA: A whistle-blower who exposed the leakage of a question paper at Sri Lanka Law College forced into hiding and SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant.
He now complains that some persons came to his house and obtained his signature to some documents written in English by force. He does not know the content of these documents. He fears that these documents may be related to the complaint that he has made and that these documents may be used against him in future inquiries and in court.
Living in hiding at the moment and being unable to do much for his own protection he has sent a tape recorded request to the Chief Justice of Sri Lanka about this incident requesting protection and the intervention of the Chief Justice to recover these documents. He fears, on the basis of previous experience by others that the documents he was forced to sign may be for the purpose of stating that he, on his own, is withdrawing his previous complaints about the incidents at the Law School. He states that if that be the case he has at not stage signed any document to state his intention to withdraw his complaints. While making apologies for seeking the intervention of the Chief Justice in this manner he states that he had no other way of doing so due to security reasons and due to his isolation.
We attach below the audio file of the law student's statement: http://material.ahrchk.net/audio/AHRC-AUD-026-2011-SriLanka.wav
Document Type :
Press Release
Document ID :
AHRC-PRL-010-2011
http://www.humanrights.asia/news/press-releases/AHRC-PRL-010-2011
Share |
(Hong Kong, April 11, 2011) The Asian Human Rights Commission has previously reported the complaint of Dasanayaka Mudiyansalage Thushara Jayarathna, who complained about the irregularities at the Law School exam and the subsequent harassments he has suffered due to this complaint.
Kindly see SRI LANKA: A whistle-blower who exposed the leakage of a question paper at Sri Lanka Law College forced into hiding and SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant.
He now complains that some persons came to his house and obtained his signature to some documents written in English by force. He does not know the content of these documents. He fears that these documents may be related to the complaint that he has made and that these documents may be used against him in future inquiries and in court.
Living in hiding at the moment and being unable to do much for his own protection he has sent a tape recorded request to the Chief Justice of Sri Lanka about this incident requesting protection and the intervention of the Chief Justice to recover these documents. He fears, on the basis of previous experience by others that the documents he was forced to sign may be for the purpose of stating that he, on his own, is withdrawing his previous complaints about the incidents at the Law School. He states that if that be the case he has at not stage signed any document to state his intention to withdraw his complaints. While making apologies for seeking the intervention of the Chief Justice in this manner he states that he had no other way of doing so due to security reasons and due to his isolation.
We attach below the audio file of the law student's statement: http://material.ahrchk.net/audio/AHRC-AUD-026-2011-SriLanka.wav
Document Type :
Press Release
Document ID :
AHRC-PRL-010-2011
http://www.humanrights.asia/news/press-releases/AHRC-PRL-010-2011
FOR IMMEDIATE RELEASE AHRC-FAT-016-2011 April 26, 2011
Dear friends,
We wish to share with you the following article from the Sunday Leader, written by Raisa Wickrematunge.
Asian Human Rights Commission
Hong Kong
-------------
FOR IMMEDIATE RELEASE
AHRC-FAT-016-2011
April 26, 2011
An article from the Sunday Leader forwarded by the Asian Human Rights Commission
SRI LANKA: Law student goes underground
Law student Thushara Jayaratne fears for his life. In order to contact him, The Sunday Leader was required to create a special Skype account. Speaking from an undisclosed location, Jayaratne said that though he had asked numerous people for help, no one had assisted him. Jayaratne's story was splashed all over the newspapers and was taken up by the Asian Human Rights Commission. Jayaratne claimed that one of the law exam papers was leaked, and that preferential treatment was provided to fellow law student, President's son, Namal Rajapaksa. In January, the Sri Lanka Law College issued a statement that the allegations were untrue. The office of the Chief Justice confirmed that investigations into the incident had commenced on January 12. However, Jayaratne insists that he is telling the truth.
Thushara's Story
On December 3, Jayaratne was at the Law College, preparing to sit for a Commercial Law paper, which was an open book examination. He noticed that an air conditioned room was unlocked.
The exam was starting at 2 pm, so Jayaratne was at the canteen, having lunch and talking to a student from the Open University. At that point, Namal Rajapaksa was also there with security personnel who were dressed in plain clothes. Some of the group proceeded to discuss a difficult question. Later on, Jayaratne discovered that the question they had spoken of was part of the paper. What's more, he claimed that Namal Rajapaksa had a computer with an internet connection on his desk, whereas the other students were not even allowed mobile phones in the examination hall.
He also claimed that Namal had taken the examination in the air conditioned room, separate from other candidates. Jayaratne added that there was space in the exam hall he sat in, though it was claimed there was none.
Incensed at what he saw as an injustice, Jayaratne went to the Law College Registrar to complain. There he ran into his first roadblock, when the Registrar refused to accept his complaint. Undaunted, Jayaratne went to the Keselwatte police, but there too he met with refusal. Next he went to the Police Headquarters. By this time, the media had got wind of the story, Jayaratne said. The complaint was duly recorded. A fellow student at the Law College telephoned Jayaratne to tell him that the police had questioned the Registrar and Principal.
However, Jayaratne decided to go to the Bribery and Corruption Commission on December 4. Here too, his requests to record a complaint were ignored. Before leaving he spoke to an official who told him to drop the complaint, "or what happened to Aristotle will happen to you, if you tell the truth."
The warnings didn't stop there. On December 6, Jayaratne received at least three calls from the Law College Registrar's office. The caller told him to abandon the issue or leave the college. It was around this time the law student began receiving death threats. He was unable to sit his final two exams, afraid something would happen to him if he entered the College again.
Several times police attempted to take Jayaratne into custody, but he evaded them with the help of friends.
Jayaratne went to the Human Rights Commission on December 15 and filed a letter detailing the threats to his life. The letter was also addressed to IGP Mahinda Balasuriya and the Commissioner Ombudsman. Finally on January 8, Jayaratne received a letter calling him to appear at the Law College for an inquiry into the incident. They warned him that if he did not attend, legal action would be filed against him. Though he was afraid for his safety Jayaratne went back to the College, accompanied by IUSF Convenor Udul Premaratne amongst others, to tell his story.
A report was later released to the media to the effect that Jayaratne's testimony was based on hearsay. Around a month passed. Then on March 3 the Human Rights Commission said they would be taking no further action on Jayaratne's complaints as it fell outside their purview. The next day, Jayaratne was en route to a family member's home when two men accosted him. Though they were in civilian clothing, they were very fit and appeared to be military personnel, Jayaratne said. They had asked him to come with them to record a statement. Jayaratne agreed, but asked that he be taken in an official police vehicle. The two refused.
Seeing a 120 route bus passing, the law student jumped onto it in an effort to escape. However, on looking behind him he saw that the two men had followed him onto the bus. He alighted in front of the Boralesgamuwa police station, and seeing no other option had gone with the two men. The two wanted to know who had been contacting Jayaratne. They noted down some details, finally releasing him around 11 pm. A three wheeler parked outside then transported him away.
The Human Rights Commission said the abduction also fell outside their purview, though Jayaratne in a letter said that police officers later took down a statement, supposedly in response to his complaint. However the officer refused to note down Jayaratne's complaints against Namal Rajapaksa and the Law College Registrar.
On March 28, Jayaratne was assaulted by two people while sitting outside his home. This was followed by another visit by two people in civilian clothing on April 10. Jayaratne said he recognised one of them, who had also threatened him in March. The duo forced Jayaratne to sign two documents, written in English. As he was afraid for his life, Jayaratne complied. He is afraid the documents might have amounted to a withdrawal of his complaint about the Law College. He has already written to the Asian Human Rights Commission about the incident.
The Other Side Of The Coin
The Law College Principal confirmed to The Sunday Leader that an investigation had been held into Jayaratne's claims. "He was even allowed to bring a lawyer and give a statement," the Principal confirmed. It was found that his allegations were based on hearsay, he said. "He had absolutely no knowledge. They were unfounded allegations," he said. He added that as the matter was settled he thought it unnecessary to further publicise the issue. For his part, Jayaratne continues to insist on the truth of his accusations. "The statement that my complaints are based on hearsay is a lie," he said.
However Police Spokesman Prishantha Jayakody told The Sunday Leader in January that Jayaratne's evidence was almost exclusively based on what he had overheard at the canteen. "He has no direct evidence that the paper was leaked. It's just a rumour," he told The Sunday Leader at the time.
MP Namal Rajapaksa did not respond to phone calls and text messages requesting a comment. IGP Mahinda Balasuriya was also unable to speak to The Sunday Leader. Although Jayaratne's claims have been largely dismissed by the Law College and police as false, he continues to fear for his life. His finances have been disrupted and he has come up against enormous difficulties, he says. To date, he remains in hiding, having abandoned his former residence
http://www.thesundayleader.lk/2011/04/24/law-student-goes-underground/
We wish to share with you the following article from the Sunday Leader, written by Raisa Wickrematunge.
Asian Human Rights Commission
Hong Kong
-------------
FOR IMMEDIATE RELEASE
AHRC-FAT-016-2011
April 26, 2011
An article from the Sunday Leader forwarded by the Asian Human Rights Commission
SRI LANKA: Law student goes underground
Law student Thushara Jayaratne fears for his life. In order to contact him, The Sunday Leader was required to create a special Skype account. Speaking from an undisclosed location, Jayaratne said that though he had asked numerous people for help, no one had assisted him. Jayaratne's story was splashed all over the newspapers and was taken up by the Asian Human Rights Commission. Jayaratne claimed that one of the law exam papers was leaked, and that preferential treatment was provided to fellow law student, President's son, Namal Rajapaksa. In January, the Sri Lanka Law College issued a statement that the allegations were untrue. The office of the Chief Justice confirmed that investigations into the incident had commenced on January 12. However, Jayaratne insists that he is telling the truth.
Thushara's Story
On December 3, Jayaratne was at the Law College, preparing to sit for a Commercial Law paper, which was an open book examination. He noticed that an air conditioned room was unlocked.
The exam was starting at 2 pm, so Jayaratne was at the canteen, having lunch and talking to a student from the Open University. At that point, Namal Rajapaksa was also there with security personnel who were dressed in plain clothes. Some of the group proceeded to discuss a difficult question. Later on, Jayaratne discovered that the question they had spoken of was part of the paper. What's more, he claimed that Namal Rajapaksa had a computer with an internet connection on his desk, whereas the other students were not even allowed mobile phones in the examination hall.
He also claimed that Namal had taken the examination in the air conditioned room, separate from other candidates. Jayaratne added that there was space in the exam hall he sat in, though it was claimed there was none.
Incensed at what he saw as an injustice, Jayaratne went to the Law College Registrar to complain. There he ran into his first roadblock, when the Registrar refused to accept his complaint. Undaunted, Jayaratne went to the Keselwatte police, but there too he met with refusal. Next he went to the Police Headquarters. By this time, the media had got wind of the story, Jayaratne said. The complaint was duly recorded. A fellow student at the Law College telephoned Jayaratne to tell him that the police had questioned the Registrar and Principal.
However, Jayaratne decided to go to the Bribery and Corruption Commission on December 4. Here too, his requests to record a complaint were ignored. Before leaving he spoke to an official who told him to drop the complaint, "or what happened to Aristotle will happen to you, if you tell the truth."
The warnings didn't stop there. On December 6, Jayaratne received at least three calls from the Law College Registrar's office. The caller told him to abandon the issue or leave the college. It was around this time the law student began receiving death threats. He was unable to sit his final two exams, afraid something would happen to him if he entered the College again.
Several times police attempted to take Jayaratne into custody, but he evaded them with the help of friends.
Jayaratne went to the Human Rights Commission on December 15 and filed a letter detailing the threats to his life. The letter was also addressed to IGP Mahinda Balasuriya and the Commissioner Ombudsman. Finally on January 8, Jayaratne received a letter calling him to appear at the Law College for an inquiry into the incident. They warned him that if he did not attend, legal action would be filed against him. Though he was afraid for his safety Jayaratne went back to the College, accompanied by IUSF Convenor Udul Premaratne amongst others, to tell his story.
A report was later released to the media to the effect that Jayaratne's testimony was based on hearsay. Around a month passed. Then on March 3 the Human Rights Commission said they would be taking no further action on Jayaratne's complaints as it fell outside their purview. The next day, Jayaratne was en route to a family member's home when two men accosted him. Though they were in civilian clothing, they were very fit and appeared to be military personnel, Jayaratne said. They had asked him to come with them to record a statement. Jayaratne agreed, but asked that he be taken in an official police vehicle. The two refused.
Seeing a 120 route bus passing, the law student jumped onto it in an effort to escape. However, on looking behind him he saw that the two men had followed him onto the bus. He alighted in front of the Boralesgamuwa police station, and seeing no other option had gone with the two men. The two wanted to know who had been contacting Jayaratne. They noted down some details, finally releasing him around 11 pm. A three wheeler parked outside then transported him away.
The Human Rights Commission said the abduction also fell outside their purview, though Jayaratne in a letter said that police officers later took down a statement, supposedly in response to his complaint. However the officer refused to note down Jayaratne's complaints against Namal Rajapaksa and the Law College Registrar.
On March 28, Jayaratne was assaulted by two people while sitting outside his home. This was followed by another visit by two people in civilian clothing on April 10. Jayaratne said he recognised one of them, who had also threatened him in March. The duo forced Jayaratne to sign two documents, written in English. As he was afraid for his life, Jayaratne complied. He is afraid the documents might have amounted to a withdrawal of his complaint about the Law College. He has already written to the Asian Human Rights Commission about the incident.
The Other Side Of The Coin
The Law College Principal confirmed to The Sunday Leader that an investigation had been held into Jayaratne's claims. "He was even allowed to bring a lawyer and give a statement," the Principal confirmed. It was found that his allegations were based on hearsay, he said. "He had absolutely no knowledge. They were unfounded allegations," he said. He added that as the matter was settled he thought it unnecessary to further publicise the issue. For his part, Jayaratne continues to insist on the truth of his accusations. "The statement that my complaints are based on hearsay is a lie," he said.
However Police Spokesman Prishantha Jayakody told The Sunday Leader in January that Jayaratne's evidence was almost exclusively based on what he had overheard at the canteen. "He has no direct evidence that the paper was leaked. It's just a rumour," he told The Sunday Leader at the time.
MP Namal Rajapaksa did not respond to phone calls and text messages requesting a comment. IGP Mahinda Balasuriya was also unable to speak to The Sunday Leader. Although Jayaratne's claims have been largely dismissed by the Law College and police as false, he continues to fear for his life. His finances have been disrupted and he has come up against enormous difficulties, he says. To date, he remains in hiding, having abandoned his former residence
http://www.thesundayleader.lk/2011/04/24/law-student-goes-underground/
SRI LANKA: Abductions and unfair advantage held as matters falling outside Sri Lanka's Human Rights Commission (HRCSL)
According to a report received by the Asian Human Rights Commission, the two complaints made by a final year Law College student D M T Jayaratne to the Sri Lanka Human Rights Commission (HRC) have been rejected by the Commission in writing on the grounds that they do not come within its ambit. One of these complaints was about the abduction the law student's abduction. The HRCSL has taken a strange position that inquiring into such abductions do not fall within its mandate. The HRCSL is an institution created for the purpose of protecting human rights and it is supposed to function under the principle relating to National Institutions known as the Paris Principles.
The letter from the HRCSL in reply to Jayaratne's complaint (No. M R C 4051/ 2010), stating that the complaints do not come within its purview was not signed by a director.
Jayaratne made a complaint under the aforementioned reference to the HRC in regard of the leakage of the Commercial Law ii question (Open Book test) paper before the date of the examination which was held on December 3, 2010 and conducted by the Law College. In the complaint to the HRC he had alleged that when he made a complaint to the Keselwatte police on the same day under ref. M B B 81/39, he received constant murder threats from the Law College Registrar, demanding that he withdraw the complaint. Under Ref. M R C 796/2011, he also lodged another complaint with the HRC pertaining to his abduction on March 4, 2011 at about 8.00 a.m., by persons claiming that they were from the police, when he was at Boralesgamuwa. He was held in custody for 14 hours until 9.45 in the night when he was finally released by being taken and dropped at Delkande, Nugegoda.
The HRC in its reply stated, as these complaints are not subjects coming within its purview and there are no grounds to substantiate that any rights under the constitution have been violated, the complaint cannot be taken for trial.
On top of this, even a written registered complaint made by Jayaratne on March 7, 2011 to the Inspector General of Police regarding the heinous crime of his abduction and interrogation while being held in custody for 14 hours, had yet not been answered by the IGP despite the fact that nine days have elapsed.
This incident demonstrates that when it comes to political matters, there is no authority in Sri Lanka that dares or cares to investigate citizen's complaints. Some persons are considered to be above the law and institutions such as HRCSL and the IGP refuse to investigate such complaint
http://www.humanrights.asia/news/ahrc-news/AHRC-STM-044-2011
The letter from the HRCSL in reply to Jayaratne's complaint (No. M R C 4051/ 2010), stating that the complaints do not come within its purview was not signed by a director.
Jayaratne made a complaint under the aforementioned reference to the HRC in regard of the leakage of the Commercial Law ii question (Open Book test) paper before the date of the examination which was held on December 3, 2010 and conducted by the Law College. In the complaint to the HRC he had alleged that when he made a complaint to the Keselwatte police on the same day under ref. M B B 81/39, he received constant murder threats from the Law College Registrar, demanding that he withdraw the complaint. Under Ref. M R C 796/2011, he also lodged another complaint with the HRC pertaining to his abduction on March 4, 2011 at about 8.00 a.m., by persons claiming that they were from the police, when he was at Boralesgamuwa. He was held in custody for 14 hours until 9.45 in the night when he was finally released by being taken and dropped at Delkande, Nugegoda.
The HRC in its reply stated, as these complaints are not subjects coming within its purview and there are no grounds to substantiate that any rights under the constitution have been violated, the complaint cannot be taken for trial.
On top of this, even a written registered complaint made by Jayaratne on March 7, 2011 to the Inspector General of Police regarding the heinous crime of his abduction and interrogation while being held in custody for 14 hours, had yet not been answered by the IGP despite the fact that nine days have elapsed.
This incident demonstrates that when it comes to political matters, there is no authority in Sri Lanka that dares or cares to investigate citizen's complaints. Some persons are considered to be above the law and institutions such as HRCSL and the IGP refuse to investigate such complaint
http://www.humanrights.asia/news/ahrc-news/AHRC-STM-044-2011
SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
January 5, 2011
ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME
Urgent Appeal Case: AHRC-UAC-002-2011
05 January 2011
------------------------------------------------------
SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
ISSUES: threat to the life; police inaction in criminal investigation; impunity; rule of law
------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a law student Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda, a final year student of the Sri Lanka Law College, has complained to the Keselwatte Police Station and other law enforcement agencies of the country regarding a malpractice which occurred at the recently held exam at the Sri Lanka Law College. The Keselwatte Police recorded his complaint only after the intervention of the Police Headquarters. However, the other agencies refused to accept his complaint. He is now receiving continuous threats to his life. Further, the Registrar of the Law College has contacted him by telephone and threatened him to withdraw his complaint. Neither the complaint about the malpractice at the exam and the threats to Thushara's life have been investigated. The life of this student is in very serious danger and this case is yet another illustration of the extreme nature of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information that the Asian Human Rights Commission has received, on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure of the Sri Lanka Law College. He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident.
On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but his they refused to record his complaint. Upon learning of their refusal he then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after the intervention of this office that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39. However, to-date no inquiries have taken place on the basis of his complaint.
When Thushara realised that no action was going to be taken he attempted to record a further complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Thushara then came under severe pressure when the Registrar of the Law College made threatening calls, demanding that he withdraw the complaint. He also received threats from other quarters and, for his own security, he had to stay away from sitting for two subsequent papers. He now lives in hiding for fear of his life.
It is believed that a powerful politician's son is sitting for this same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission calls on the Sri Lankan government and also the Inspector General of Police to provide security for Thushara Jayarathne. The AHRC is fully aware of the Sri Lankan record of causing forced disappearances and is therefore particularly concerned about the security of this student.
The Law College is a premier institution for the training of lawyers in Sri Lanka. In recent times, the reputation of the college has begun to degenerate with widespread rumours and allegations of corruption at various levels, including at the stage of admission of students. That the institution that trains lawyers is facing this situation is an indication of the widespread lawlessness that has spread into the judicial system itself, due to the phenomena that is called politicization.
In essence, politicization means the control of all aspects of society and life by the direct influence of the executive presidential system. The idea of independent institutions has been rapidly lost. The Executive President is above the law and not answerable in any manner to any court. The AHRC has constantly pointed out that the supremacy of law has been undermined in Sri Lanka and that the authority of the judiciary itself has been reduced to a marginal position.
This incident about the leakage of a question paper is only the tip of the iceberg. The larger tragedy is the rule of law system itself.
What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of the rule of law? Would it be a surprise if young lawyers who pass in this manner would exploit all possibilities of corruption within the legal profession? Some of them may also enter judicial positions.
The trustees and authorities of the Law College bear the responsibility to investigate this incident as well as the general criticisms about the corruption of their institution. Many of them may plead that the power balance in the country has so shifted that they are unable to exercise the kind of authority that is required for the running of an institution with required norms and standards. However, this is no excuse for their culpability. If the situation has so degenerated, then it is their duty to declare it so and to resign in protest. So long as they silently participate in this process, they too are guilty of destroying the very foundations of the rule of law and the legal profession itself.
The AHRC has reported innumerable cases that reveals the intentional inaction of criminal investigations by the Sri Lankan police. This of course is illegal under international and local law but is takes place at different police stations in the country over the past years.
Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to be treated equally before the law for all persons as stated that 'all persons are equal before the law and are entitled to the equal protection of the law'.
Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request an immediate investigation into the malpractice by the authorities of the Law College and the failure of the police to carry out any competent investigations. Please further request the Sri Lanka Police to provide protection for the threat to the life of Thushara and investigate and prosecute those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the IGP to carry out a special investigation into the malpractices of police officers who abuse their powers in favor of private parties.
The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard of United Nations on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
Name of the Victim: Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda
Names of the alleged perpetrators: Police officers attached to the Keselwatte Police Station
Date of incident: 3 December 2010
Places of incident: Sri Lanka Law College
I have received information that on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure of the Sri Lanka Law College. He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident.
On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but his they refused to record his complaint. Upon learning of their refusal he then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after the intervention of this office that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39. However, to-date no inquiries have taken place on the basis of his complaint.
When Thushara realised that no action was going to be taken he attempted to record a further complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Thushara then came under severe pressure when the Registrar of the Law College made threatening calls, demanding that he withdraw the complaint. He also received threats from other quarters and, for his own security, he had to stay away from sitting for two subsequent papers. He now lives in hiding for fear of his life.
It is believed that a powerful politician's son is sitting for this same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
Thushara strongly states that inaction of an official duty by a police officer should be prosecuted in court. It also constitutes a situation of the violation of fundamental rights guaranteed to him by the Constitution of the country.
I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the life of this student. I am also requesting that the police officers who ignored his complaint, obviously in favour of the suspect, should be investigated and if proven guilty punished under the law of the country.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commissio
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-002-2011
ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME
Urgent Appeal Case: AHRC-UAC-002-2011
05 January 2011
------------------------------------------------------
SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
ISSUES: threat to the life; police inaction in criminal investigation; impunity; rule of law
------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a law student Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda, a final year student of the Sri Lanka Law College, has complained to the Keselwatte Police Station and other law enforcement agencies of the country regarding a malpractice which occurred at the recently held exam at the Sri Lanka Law College. The Keselwatte Police recorded his complaint only after the intervention of the Police Headquarters. However, the other agencies refused to accept his complaint. He is now receiving continuous threats to his life. Further, the Registrar of the Law College has contacted him by telephone and threatened him to withdraw his complaint. Neither the complaint about the malpractice at the exam and the threats to Thushara's life have been investigated. The life of this student is in very serious danger and this case is yet another illustration of the extreme nature of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information that the Asian Human Rights Commission has received, on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure of the Sri Lanka Law College. He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident.
On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but his they refused to record his complaint. Upon learning of their refusal he then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after the intervention of this office that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39. However, to-date no inquiries have taken place on the basis of his complaint.
When Thushara realised that no action was going to be taken he attempted to record a further complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Thushara then came under severe pressure when the Registrar of the Law College made threatening calls, demanding that he withdraw the complaint. He also received threats from other quarters and, for his own security, he had to stay away from sitting for two subsequent papers. He now lives in hiding for fear of his life.
It is believed that a powerful politician's son is sitting for this same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission calls on the Sri Lankan government and also the Inspector General of Police to provide security for Thushara Jayarathne. The AHRC is fully aware of the Sri Lankan record of causing forced disappearances and is therefore particularly concerned about the security of this student.
The Law College is a premier institution for the training of lawyers in Sri Lanka. In recent times, the reputation of the college has begun to degenerate with widespread rumours and allegations of corruption at various levels, including at the stage of admission of students. That the institution that trains lawyers is facing this situation is an indication of the widespread lawlessness that has spread into the judicial system itself, due to the phenomena that is called politicization.
In essence, politicization means the control of all aspects of society and life by the direct influence of the executive presidential system. The idea of independent institutions has been rapidly lost. The Executive President is above the law and not answerable in any manner to any court. The AHRC has constantly pointed out that the supremacy of law has been undermined in Sri Lanka and that the authority of the judiciary itself has been reduced to a marginal position.
This incident about the leakage of a question paper is only the tip of the iceberg. The larger tragedy is the rule of law system itself.
What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of the rule of law? Would it be a surprise if young lawyers who pass in this manner would exploit all possibilities of corruption within the legal profession? Some of them may also enter judicial positions.
The trustees and authorities of the Law College bear the responsibility to investigate this incident as well as the general criticisms about the corruption of their institution. Many of them may plead that the power balance in the country has so shifted that they are unable to exercise the kind of authority that is required for the running of an institution with required norms and standards. However, this is no excuse for their culpability. If the situation has so degenerated, then it is their duty to declare it so and to resign in protest. So long as they silently participate in this process, they too are guilty of destroying the very foundations of the rule of law and the legal profession itself.
The AHRC has reported innumerable cases that reveals the intentional inaction of criminal investigations by the Sri Lankan police. This of course is illegal under international and local law but is takes place at different police stations in the country over the past years.
Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to be treated equally before the law for all persons as stated that 'all persons are equal before the law and are entitled to the equal protection of the law'.
Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and request an immediate investigation into the malpractice by the authorities of the Law College and the failure of the police to carry out any competent investigations. Please further request the Sri Lanka Police to provide protection for the threat to the life of Thushara and investigate and prosecute those responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the IGP to carry out a special investigation into the malpractices of police officers who abuse their powers in favor of private parties.
The AHRC has also written a separate letter to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions on this regard of United Nations on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Police refuse to conduct investigation into malpractice during the Sri Lanka Law College exam and threaten the life of the complainant
Name of the Victim: Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe road, Nugegoda
Names of the alleged perpetrators: Police officers attached to the Keselwatte Police Station
Date of incident: 3 December 2010
Places of incident: Sri Lanka Law College
I have received information that on the 3 December, a final year student of the Sri Lanka Law College, Mr. Dasanayaka Mudiyanselage Thushara Jayarathna of No: 4/8, Edirisinghe Road, Nugegoda discovered that one of the papers for the final examination held recently at the Law College for which he sat had been leaked before the designated time which clearly constitutes a malpractice in the exam procedure of the Sri Lanka Law College. He immediately made a complaint to the invigilator of the exam and to the principle of the Law College but neither person accepted his complaint nor took steps to investigate the incident.
On the same day he attempted to make a complaint to the Keselwatte Police Station about the incident but his they refused to record his complaint. Upon learning of their refusal he then made a complaint to the Police Headquarters in Colombo regarding the irregularity that occurred at the Keselwatte Police Station and it was only after the intervention of this office that the officers at Keselwatte Police Station recorded his complaint under the number M.O.B. 81/39. However, to-date no inquiries have taken place on the basis of his complaint.
When Thushara realised that no action was going to be taken he attempted to record a further complaint at the Commission against Bribery and Corruption, but his request was once again turned down. One of the officers explained to him in Sinhala that it is the law of nature for big animals to eat the small ones, and that if he did not learn to live with this understanding, he might find it difficult to survive.
Despite having managed to record his complaint at Police Headquarters and by way of an affidavit to the Chief Justice of Sri Lanka and the Registrar of the Supreme Court no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Thushara then came under severe pressure when the Registrar of the Law College made threatening calls, demanding that he withdraw the complaint. He also received threats from other quarters and, for his own security, he had to stay away from sitting for two subsequent papers. He now lives in hiding for fear of his life.
It is believed that a powerful politician's son is sitting for this same exam and that this why there is reluctance on the part of the Law College authorities and all other agencies to intervene into this issue.
Thushara strongly states that inaction of an official duty by a police officer should be prosecuted in court. It also constitutes a situation of the violation of fundamental rights guaranteed to him by the Constitution of the country.
I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the life of this student. I am also requesting that the police officers who ignored his complaint, obviously in favour of the suspect, should be investigated and if proven guilty punished under the law of the country.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commissio
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-002-2011
SRI LANKA: A whistle-blower who exposed the leakage of a question paper at Sri Lanka Law College forced into hiding
December 29, 2010
Share |
A law student at the Sri Lanka Law College learned that one of the question papers for the final exams had been leaked. He learned this when one of his fellow students came to another and explained the question that would come up in the exam to be held that day. The student who knew the question gave details of the paper which could not have just been guessed. Having learned about the leakage of the paper, Thushara Jayarathne informed the invigilator for the exam and the principle of the law college. He expected that the invigilator and the law college authorities would immediately remove this paper from the exam and would not proceed with the exam for that paper. However, no such action was taken and no attempt was made to take any actions on the basis of his complaint.
He later went to the Koswatha Police to record a complaint and this complaint was also rejected. When he made an attempt to record a complaint at the Commission against Bribery and Corruption, his request was once again turned down. One of the officers explained to him in Sinhalese that it is the law of nature for big animals to eat the small ones, and that if he does not learn to live with this understanding, he may find it difficult to survive.
The student managed to record his complaint at the police headquarters. He has also complained by way of an affidavit to the Chief Justice of Sri Lanka and to the Registrar of the Supreme Court. However, no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Instead of inquiries, the student himself was brought under severe pressure when the Registrar of the law college made threatening calls, asking him to withdraw the complaint. He also received many threats from many quarters and, for his own security, he had to keep away from sitting for two subsequent papers. He now lives in hiding for fear of his own life.
It is believed that a powerful person’s son is sitting for this exam and that this why there is reluctance on the part of the law college authorities and all other authorities to intervene into this issue.
The Asian Human Rights Commission calls on the Sri Lankan government and also the Inspector General of Police to provide security for Thushara Jayarathne, the law student who has made the complaint relating to the leaking of an exam paper at the law college. The Asian Human Rights Commission is fully aware of Sri Lanka’s record of causing of forced disappearances and therefore is particularly concerned about the security of this student.
The law college is a premier institution for the training of lawyers in Sri Lanka. In recent times, the reputation of the college has begun to degenerate with widespread rumors and allegations of corruption at various levels, including at the stage of admission of students into the college. That the institution that trains lawyers is facing this situation is an indication of the widespread lawlessness that has spread into the judicial system itself, due to the phenomena that is called politicization.
In essence, politicization means the control of all aspects of society and life by the direct influence of the executive presidential system. The idea of independence of institutions has been rapidly lost. The Executive President is above the law and not answerable in any manner to any court. The Asian Human Rights Commission has constantly pointed out that the supremacy of law has been undermined in Sri Lanka and that the authority of the judiciary itself has been reduced to a very marginal position.
This incident about the leakage of a question paper is only the tip of an iceberg. The larger tragedy is the rule of law system itself.
What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of rule of law? Would it be a surprise if young lawyers who pass in this manner would exploit all possibilities of corruption within the legal profession? Some of them also enter the judicial positions.
The trustees and authorities of the law college bear the responsibility to investigate into this incident as well as the general criticisms about the corruption of their institution. Many of them may plead that the power balance in the country has so shifted that they are unable to exercise the kind of authority that is required for the running of an institution with required norms and standards. However, this should be no excuse for their culpability. If the situation has so degenerated, then it is their duty to declare it so and to resign in protest. So long as they silently participate in this process, they too are guilty of destroying the very foundations of the rule of law and the legal profession itself
http://www.humanrights.asia/news/ahrc-news/AHRC-STM-269-2010
Share |
A law student at the Sri Lanka Law College learned that one of the question papers for the final exams had been leaked. He learned this when one of his fellow students came to another and explained the question that would come up in the exam to be held that day. The student who knew the question gave details of the paper which could not have just been guessed. Having learned about the leakage of the paper, Thushara Jayarathne informed the invigilator for the exam and the principle of the law college. He expected that the invigilator and the law college authorities would immediately remove this paper from the exam and would not proceed with the exam for that paper. However, no such action was taken and no attempt was made to take any actions on the basis of his complaint.
He later went to the Koswatha Police to record a complaint and this complaint was also rejected. When he made an attempt to record a complaint at the Commission against Bribery and Corruption, his request was once again turned down. One of the officers explained to him in Sinhalese that it is the law of nature for big animals to eat the small ones, and that if he does not learn to live with this understanding, he may find it difficult to survive.
The student managed to record his complaint at the police headquarters. He has also complained by way of an affidavit to the Chief Justice of Sri Lanka and to the Registrar of the Supreme Court. However, no action has been taken to initiate any inquiry into the leakage of the paper or to declare the particular paper invalid.
Instead of inquiries, the student himself was brought under severe pressure when the Registrar of the law college made threatening calls, asking him to withdraw the complaint. He also received many threats from many quarters and, for his own security, he had to keep away from sitting for two subsequent papers. He now lives in hiding for fear of his own life.
It is believed that a powerful person’s son is sitting for this exam and that this why there is reluctance on the part of the law college authorities and all other authorities to intervene into this issue.
The Asian Human Rights Commission calls on the Sri Lankan government and also the Inspector General of Police to provide security for Thushara Jayarathne, the law student who has made the complaint relating to the leaking of an exam paper at the law college. The Asian Human Rights Commission is fully aware of Sri Lanka’s record of causing of forced disappearances and therefore is particularly concerned about the security of this student.
The law college is a premier institution for the training of lawyers in Sri Lanka. In recent times, the reputation of the college has begun to degenerate with widespread rumors and allegations of corruption at various levels, including at the stage of admission of students into the college. That the institution that trains lawyers is facing this situation is an indication of the widespread lawlessness that has spread into the judicial system itself, due to the phenomena that is called politicization.
In essence, politicization means the control of all aspects of society and life by the direct influence of the executive presidential system. The idea of independence of institutions has been rapidly lost. The Executive President is above the law and not answerable in any manner to any court. The Asian Human Rights Commission has constantly pointed out that the supremacy of law has been undermined in Sri Lanka and that the authority of the judiciary itself has been reduced to a very marginal position.
This incident about the leakage of a question paper is only the tip of an iceberg. The larger tragedy is the rule of law system itself.
What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of rule of law? Would it be a surprise if young lawyers who pass in this manner would exploit all possibilities of corruption within the legal profession? Some of them also enter the judicial positions.
The trustees and authorities of the law college bear the responsibility to investigate into this incident as well as the general criticisms about the corruption of their institution. Many of them may plead that the power balance in the country has so shifted that they are unable to exercise the kind of authority that is required for the running of an institution with required norms and standards. However, this should be no excuse for their culpability. If the situation has so degenerated, then it is their duty to declare it so and to resign in protest. So long as they silently participate in this process, they too are guilty of destroying the very foundations of the rule of law and the legal profession itself
http://www.humanrights.asia/news/ahrc-news/AHRC-STM-269-2010
Law College inquiry 'not yet over
By Saroj Pathirana
BBC Sinhala service
A student has complained of exam malpractices at Sri Lanka Law College
Sri Lanka's Chief Justice says investigations are yet to be concluded over allegations of exam malpractices at the country's leading academy for legal studies.
DM Thushara Jayarathne, a final year student of Sri Lanka Law College (SLLC), has lodged a complaint over an alleged leaking of a question paper and special treatment to some of the candidates.
Chief Justice Asoka N de Silva is the chairman of the Incorporated Council of Legal Education (ICLE).
The SLLC launched an investigation after the student complained that in addition the alleged leakage of the paper, President Mahinda Rajapaksa's son, Namal, MP, was given a closed air conditioned room to sit for the exam.
But the student says he is yet to inform of the decision taken in the inquiry held on 11 January.
No conclusion
In a written appeal to Chief Justice Silva, student Jayaratne says that SLLC Principal Dr WD Rodrigo has made a veiled threat in an interview with Sinhala media following the initial inquiry.
He has insulted me in his statement and further says that all my evidence is hearsay despite my insistence that I personally heard and witnessed what I am alleging
Student's letter to CJ Asoka de Silva
"The principal has said that I'm making allegations because my English knowledge is poor," Thushara Jayarathne says in his letter.
"He has insulted me in his statement and further says that all my evidence is hearsay despite my insistence that I personally heard and witnessed what I am alleging."
The letter also requests the Chief Justice to inform the student if the ICLE has reached any decision.
Media in Sri Lanka quoted SLLC principal saying that the investigation has reached a decision.
CJ Asoka de Silva denied that any decision has been taken.
"We heard few testimonies but some more testimonies yet to be heard," he told the BBC Sinhala service, Sandeshaya.
"We are yet to conclude the investigation.
http://www.bbc.co.uk/sinhala/news/story/2011/01/110130_law_college_cj.shtml
BBC Sinhala service
A student has complained of exam malpractices at Sri Lanka Law College
Sri Lanka's Chief Justice says investigations are yet to be concluded over allegations of exam malpractices at the country's leading academy for legal studies.
DM Thushara Jayarathne, a final year student of Sri Lanka Law College (SLLC), has lodged a complaint over an alleged leaking of a question paper and special treatment to some of the candidates.
Chief Justice Asoka N de Silva is the chairman of the Incorporated Council of Legal Education (ICLE).
The SLLC launched an investigation after the student complained that in addition the alleged leakage of the paper, President Mahinda Rajapaksa's son, Namal, MP, was given a closed air conditioned room to sit for the exam.
But the student says he is yet to inform of the decision taken in the inquiry held on 11 January.
No conclusion
In a written appeal to Chief Justice Silva, student Jayaratne says that SLLC Principal Dr WD Rodrigo has made a veiled threat in an interview with Sinhala media following the initial inquiry.
He has insulted me in his statement and further says that all my evidence is hearsay despite my insistence that I personally heard and witnessed what I am alleging
Student's letter to CJ Asoka de Silva
"The principal has said that I'm making allegations because my English knowledge is poor," Thushara Jayarathne says in his letter.
"He has insulted me in his statement and further says that all my evidence is hearsay despite my insistence that I personally heard and witnessed what I am alleging."
The letter also requests the Chief Justice to inform the student if the ICLE has reached any decision.
Media in Sri Lanka quoted SLLC principal saying that the investigation has reached a decision.
CJ Asoka de Silva denied that any decision has been taken.
"We heard few testimonies but some more testimonies yet to be heard," he told the BBC Sinhala service, Sandeshaya.
"We are yet to conclude the investigation.
http://www.bbc.co.uk/sinhala/news/story/2011/01/110130_law_college_cj.shtml
Law College initiates probe on 'exam cheat'
By Saroj Pathirana
BBC Sinhala service
The Chief Justice says the allegations are a "serious matter of concern"
Sri Lanka's foremost law academy says it has launched an investigation over allegations of exam irregularities at the final year examination held in early December.
A whistle-blower, final-year student DM Thushara Jayaratne has accused Sri Lanka Law College (SLLC) authorities of making exam papers available beforehand to selective students and offering special privileges to President Mahinda Rajapaksa's son, Namal, MP.
In a letter to whistle-blower Jayaratne, SLLC has said that a preliminary inquiry will be held on the 11th of January.
SLLC Principal has informed that the inquiry will be held at the law college premises by attorney-at-law Uditha Igalahewa.
The Chief Justice earlier said he would order an investigation into the allegations, provided the petitioner come up with proper evidence.
Chief Justice
Chief Justice Asoka de Silva told BBC Sinhala service that the allegations are a "serious matter of concern".
Student Jayaratne earlier accused authorities of being "reluctant to investigate" despite appealing to the chief justice, bribery commission among other authorities.
The whistle-blower alleges that the president's son received special treatment by getting special facilities to sit the examination in an A/C computer room
Copies of the petition have been made available to the BBC as well as several international human rights watchdogs.
The student says he lodged a formal complaint after he overheard a conversation involving at least two examinees discussing questions in the Commercial Law question paper 30 minutes before the exam.
President Rajapaksa's eldest son, Namal, was among the candidates who sat for the examination on that day. But he was not one of those students allegedly overheard by Jayaratne.
Death threats
The student says he currently is in hiding as he regularly receives telephone calls threatening him with death and demanding he withdraw the complaints.
Student Jayaratne says he does not feel confident to attend the inquiry to be held on Tuesday as some of the calls came from the college's official numbers.
"If the student is facing death threats as a result of revealing such a misdeed, it is of course a serious concern," CJ Asoka de Silva added.
We have only one Law College in Sri Lanka. If there are suspicions over its credibility, it will affect the whole profession
Former CJ, Sarath Nanda Silva
The chief justice is officially the chair of the Council of Legal Education, the governing body of the Law College.
Mr Jayaratne also alleges that the president's son received special treatment by getting special facilities to sit the examination in an air conditioned computer room.
The matter would be raised with international judicial bodies and the UN, he says, as his fundamental rights have been violated by the "special treatment" allegedly given to Namal Rajapaksa.
The BBC could not contact Namal Rajapaksa despite repeated attempts.
Hong Kong based Asian Human Rights Commission (AHRC) says the allegation about about the leakage of the question paper raised very serious questions.
"What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of rule of law?" it questioned in a statement.
Sarath Nanda Silva, who held the reins as the chief justice in Sri Lanka for over ten years, says that the allegation of special treatment is "unprecedented" in the history of the Law College.
"I believe that we must investigate these kind of allegations," the former chief justice told BBC Sinhala service.
It is the duty of the Council of Legal Education headed by the CJ, Mr Silva said, to launch an investigation and clear the name of the school that produces future legal professionals.
"We have only one Law College in Sri Lanka. If there are suspicions over its credibility, it will affect the whole profession," he added.
________________________________________
A selection of your comments
"Maintaining rule of law is vital for any country and if they say there are lapses, we need to look into it and take measures to strengthen the rule of law" These are the encouraging words uttered by CJ when his lordship assumed office.It shall not go unheeded just under his nose.D M Thushara Jayaratne shall not be scapegoated like Assange.Wheather the President's son is involved or not he shall be congratulated for what he did in exposing possible corruption at the only Law College.May there be millions of Thusharas in future.There names shall deserve to be written in gold.
Raja Wijegunaratne, Matugama, Sri Lanka
It is no small wonder that western nations looking at applicants for positions view qualifications gained in developing nations with suspicion. It would be interesting to see how the pass rate were to be affected if papers were set, kept secure, invigilated and marked by a credible external examining body. At least then you could be confident that those who were successful in the examination were worthy of the qualification?
Michael Rochester, Mirissa, Sri Lanka
I have no objection for providing a seperate secure place in the exam hall to the President's son. But if there is a scandel with regrad to exam papers it shall be thouroughly investigated.
Raja Wijegunaratne, Matugama, Sri Lanka
IN a country the president is above the law,can some one except rule of law being applied for his kith and kins?
Kannan, USA
None of what is alleged is new to the SLLC.I passed out some 36 years ago and I heard similar stories of events that occured many decades ago.The president himself is a product of the SLLC.Ask him, he will have many stories to tell about the SLLC eaxamination system.Namal Rajapakse is a person who needs special security and that needs to be understood.Putting him with other candiadates would have placed them too at risk.We need to deal with this matters with a sense of reality.If any good is to come out of this it will be setting up proper policy and secure protocals that will be observed with respect to conduct of examinations.It must be done the direct supervision of the CJ and one other Judge nominated by the Law Society in addition to the Board of Examiners who I believe currently oversee the conduct of examinations.The raising of the standards of integrity in the Sri Lanka legal profession is an issue of utmost importance to the nation given the number of lawy! ers engaged in politics at the highest level.
Sunil, Vicotoria, Australia
Oh God, BBC... Stop this rumor-mongering.... So what if Rajapakse's son got special accomodation: the British PM's son similar kind of special security situation, huh? Get this idiot writer off BBC!
Wasanth, USA
Rajapaksa regime has Politicised the Judiciary System. President is above the Judiciary System. If the President orders to give special treatments to his son, System has to do it. This is a result of this. There is a possibility that this thing can happen in Sri Lanka. Death threats, dissapearances and HR violations are normal in this regime. If some one is against the Rajapaksa Family, next movement may be a death threat, beating or dissapearance. There is no democracy in Srilanka.
Prathapa Samarasinghe, Colombo
http://www.bbc.co.uk/sinhala/news/story/2011/01/110109_law_college.shtml
BBC Sinhala service
The Chief Justice says the allegations are a "serious matter of concern"
Sri Lanka's foremost law academy says it has launched an investigation over allegations of exam irregularities at the final year examination held in early December.
A whistle-blower, final-year student DM Thushara Jayaratne has accused Sri Lanka Law College (SLLC) authorities of making exam papers available beforehand to selective students and offering special privileges to President Mahinda Rajapaksa's son, Namal, MP.
In a letter to whistle-blower Jayaratne, SLLC has said that a preliminary inquiry will be held on the 11th of January.
SLLC Principal has informed that the inquiry will be held at the law college premises by attorney-at-law Uditha Igalahewa.
The Chief Justice earlier said he would order an investigation into the allegations, provided the petitioner come up with proper evidence.
Chief Justice
Chief Justice Asoka de Silva told BBC Sinhala service that the allegations are a "serious matter of concern".
Student Jayaratne earlier accused authorities of being "reluctant to investigate" despite appealing to the chief justice, bribery commission among other authorities.
The whistle-blower alleges that the president's son received special treatment by getting special facilities to sit the examination in an A/C computer room
Copies of the petition have been made available to the BBC as well as several international human rights watchdogs.
The student says he lodged a formal complaint after he overheard a conversation involving at least two examinees discussing questions in the Commercial Law question paper 30 minutes before the exam.
President Rajapaksa's eldest son, Namal, was among the candidates who sat for the examination on that day. But he was not one of those students allegedly overheard by Jayaratne.
Death threats
The student says he currently is in hiding as he regularly receives telephone calls threatening him with death and demanding he withdraw the complaints.
Student Jayaratne says he does not feel confident to attend the inquiry to be held on Tuesday as some of the calls came from the college's official numbers.
"If the student is facing death threats as a result of revealing such a misdeed, it is of course a serious concern," CJ Asoka de Silva added.
We have only one Law College in Sri Lanka. If there are suspicions over its credibility, it will affect the whole profession
Former CJ, Sarath Nanda Silva
The chief justice is officially the chair of the Council of Legal Education, the governing body of the Law College.
Mr Jayaratne also alleges that the president's son received special treatment by getting special facilities to sit the examination in an air conditioned computer room.
The matter would be raised with international judicial bodies and the UN, he says, as his fundamental rights have been violated by the "special treatment" allegedly given to Namal Rajapaksa.
The BBC could not contact Namal Rajapaksa despite repeated attempts.
Hong Kong based Asian Human Rights Commission (AHRC) says the allegation about about the leakage of the question paper raised very serious questions.
"What will be the role of lawyers who pass exams in this manner? Will they enter the legal profession with any sense of respect for the basic norms of rule of law?" it questioned in a statement.
Sarath Nanda Silva, who held the reins as the chief justice in Sri Lanka for over ten years, says that the allegation of special treatment is "unprecedented" in the history of the Law College.
"I believe that we must investigate these kind of allegations," the former chief justice told BBC Sinhala service.
It is the duty of the Council of Legal Education headed by the CJ, Mr Silva said, to launch an investigation and clear the name of the school that produces future legal professionals.
"We have only one Law College in Sri Lanka. If there are suspicions over its credibility, it will affect the whole profession," he added.
________________________________________
A selection of your comments
"Maintaining rule of law is vital for any country and if they say there are lapses, we need to look into it and take measures to strengthen the rule of law" These are the encouraging words uttered by CJ when his lordship assumed office.It shall not go unheeded just under his nose.D M Thushara Jayaratne shall not be scapegoated like Assange.Wheather the President's son is involved or not he shall be congratulated for what he did in exposing possible corruption at the only Law College.May there be millions of Thusharas in future.There names shall deserve to be written in gold.
Raja Wijegunaratne, Matugama, Sri Lanka
It is no small wonder that western nations looking at applicants for positions view qualifications gained in developing nations with suspicion. It would be interesting to see how the pass rate were to be affected if papers were set, kept secure, invigilated and marked by a credible external examining body. At least then you could be confident that those who were successful in the examination were worthy of the qualification?
Michael Rochester, Mirissa, Sri Lanka
I have no objection for providing a seperate secure place in the exam hall to the President's son. But if there is a scandel with regrad to exam papers it shall be thouroughly investigated.
Raja Wijegunaratne, Matugama, Sri Lanka
IN a country the president is above the law,can some one except rule of law being applied for his kith and kins?
Kannan, USA
None of what is alleged is new to the SLLC.I passed out some 36 years ago and I heard similar stories of events that occured many decades ago.The president himself is a product of the SLLC.Ask him, he will have many stories to tell about the SLLC eaxamination system.Namal Rajapakse is a person who needs special security and that needs to be understood.Putting him with other candiadates would have placed them too at risk.We need to deal with this matters with a sense of reality.If any good is to come out of this it will be setting up proper policy and secure protocals that will be observed with respect to conduct of examinations.It must be done the direct supervision of the CJ and one other Judge nominated by the Law Society in addition to the Board of Examiners who I believe currently oversee the conduct of examinations.The raising of the standards of integrity in the Sri Lanka legal profession is an issue of utmost importance to the nation given the number of lawy! ers engaged in politics at the highest level.
Sunil, Vicotoria, Australia
Oh God, BBC... Stop this rumor-mongering.... So what if Rajapakse's son got special accomodation: the British PM's son similar kind of special security situation, huh? Get this idiot writer off BBC!
Wasanth, USA
Rajapaksa regime has Politicised the Judiciary System. President is above the Judiciary System. If the President orders to give special treatments to his son, System has to do it. This is a result of this. There is a possibility that this thing can happen in Sri Lanka. Death threats, dissapearances and HR violations are normal in this regime. If some one is against the Rajapaksa Family, next movement may be a death threat, beating or dissapearance. There is no democracy in Srilanka.
Prathapa Samarasinghe, Colombo
http://www.bbc.co.uk/sinhala/news/story/2011/01/110109_law_college.shtml
Concern over Law College whistle-blower
The London based human rights watchdog Amnesty International has expressed concern over the lack of proper investigation into the abduction of a whistle blower.
DM Thushara Jayaratne, a final year Law College student was abducted, interrogated and threatened with death on 04 March, according the rights watchdog.
The Human Rights Commission in Sri Lanka (SLHRC) has refused to pursue the case after Mr Jayaratne filed a complaint about his abduction.
Mr Jayaratne has lodged a complaint over alleged malpractices at the final year examination held on 05 December, last year.
'Special privileges'
The whistle-blower has accused Sri Lanka Law College (SLLC) authorities of making exam papers available beforehand to selective students and offering special privileges to President Mahinda Rajapaksa's son, Namal, MP.
He was questioned (by the abductors) about complaints he had made against the Law College Registrar and his statements to international organisations
Amnesty International
Mr Jayaratne also alleges that the president's son received special treatment by getting special facilities to sit the examination in an air conditioned computer room.
Chief Justice Asoka de Silva earlier told BBC Sinhala service that the allegations are a "serious matter of concern".
The chief justice is officially the chair of the Council of Legal Education, the governing body of the Law College.
Student Jayaratne earlier accused authorities of being "reluctant to investigate" despite appealing to the chief justice, bribery commission among other authorities.
The student says he lodged a formal complaint after he overheard a conversation involving at least two candidates discussing questions in the Commercial Law question paper 30 minutes before the exam.
President Rajapaksa's eldest son, Namal, was among the candidates who sat for the examination on that day.
But he was not one of those students allegedly overheard by Mr Jayaratne
http://www.bbc.co.uk/sinhala/news/story/2011/04/110404_thushara_ai.shtml
DM Thushara Jayaratne, a final year Law College student was abducted, interrogated and threatened with death on 04 March, according the rights watchdog.
The Human Rights Commission in Sri Lanka (SLHRC) has refused to pursue the case after Mr Jayaratne filed a complaint about his abduction.
Mr Jayaratne has lodged a complaint over alleged malpractices at the final year examination held on 05 December, last year.
'Special privileges'
The whistle-blower has accused Sri Lanka Law College (SLLC) authorities of making exam papers available beforehand to selective students and offering special privileges to President Mahinda Rajapaksa's son, Namal, MP.
He was questioned (by the abductors) about complaints he had made against the Law College Registrar and his statements to international organisations
Amnesty International
Mr Jayaratne also alleges that the president's son received special treatment by getting special facilities to sit the examination in an air conditioned computer room.
Chief Justice Asoka de Silva earlier told BBC Sinhala service that the allegations are a "serious matter of concern".
The chief justice is officially the chair of the Council of Legal Education, the governing body of the Law College.
Student Jayaratne earlier accused authorities of being "reluctant to investigate" despite appealing to the chief justice, bribery commission among other authorities.
The student says he lodged a formal complaint after he overheard a conversation involving at least two candidates discussing questions in the Commercial Law question paper 30 minutes before the exam.
President Rajapaksa's eldest son, Namal, was among the candidates who sat for the examination on that day.
But he was not one of those students allegedly overheard by Mr Jayaratne
http://www.bbc.co.uk/sinhala/news/story/2011/04/110404_thushara_ai.shtml
Tuesday, May 3, 2011
Honorable Chief Justice, Supreme Court Complex, Colombo 12
D.M. T. Jayarathne
No.4/60, Edirisinghe Rd,
Nugegoda.
Honorable Chief Justice,
Supreme Court Complex,
Colombo 12.
11th April 2011
My Lord,
D.M. T. Jayarathne
No.4/60, Edirisinghe Rd,
Nugegoda.
Honorable Chief Justice,
Supreme Court Complex,
Colombo 12.
11th April 2011
My Lord,
Further Threats and Harassment Against Law Student - Thushara Jayarathne
My name is D.M. Thushara Jayarathne. I am a Sri Lankan national bearing National Identity Card No. 720692368V. I am a final year student at the Sri Lanka Law College, registered to sit for the final year examinations between October and December 2010. Further to my previous letter to your Lordship, on 15th December 2010, citing several irregularities relating to the final year examinations conducted by Sri Lanka Law College, I wish to bring to my Lords' attention several further threats made against me following my complaint including an abduction and interrogation on 4th March 2011.
Following my complaint on 3rd December 2010, to the Keselwatta Police, regarding serious examination irregularities, the Principal, Law College, ordered me to appear before an internal inquiry on 11th January at the Law College premises. The Principal threatened that if I failed to appear and state reasons my allegations, legal action will be taken against me for making false allegations against Law College officials. I gave evidence before the inquiry panel on 11th December despite fears regarding my security. I was assured that further inquiry would be conducted and steps taken based on my evidence. However I have not received any information regarding any such measures undertaken by Law College to date.
Ever since my complaint to the police on 3rd December, I have received continuous threatening calls on my mobile phone asking me to withdraw the complaint against Law College. Several calls were made from the Law College land line number which was recorded on my mobile phone. On 4th March 2011, I was abducted, at or around 11 am, by two unidentified men from a public bus stop in Colombo. The men took me to an undisclosed location and questioned me for several hours regarding my complaint against Law College and association with international human rights groups and the United Nations. I was finally released around 11 pm the same day.
I submitted complaints regarding threats faced and the abduction to the National Human Rights Commission (NHRC) and the Inspector General of Police by registered post but to my knowledge no action has been taken based on my complaints so far.
By its letter dated 3rd March 2011, the NHRC informed me that no further action would be taken regarding my complaint regarding exam irregularities at Sri Lanka Law College since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed me that it would take no further action based on my complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of my fundamental rights under the Constitution.
28th March 2011, I was visited at my home by two unidentified men who forced me to kneel on the ground and threatened to kill me and Shantha Wijesooriya from Lanka e News if I did not stop my complaints against Law College. A complaint in this regard has been submitted to the Inspector General of Police but no steps have been taken to date.
The following day on 29th March, I was visited by two uniformed police officers who recorded my statement and claimed to be acting on the NHRC complaint submitted by me. However, the officer refused to record my specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited my home and forced me to sign two documents which were written in English. I recognised one of the men as a person who visited my home and threatened me on 28 March 2011. The men did not explain the contents of the document to me and did not give me an opportunity to read the document. Since I was afraid for my life and safety I complied with their orders and signed the document under duress. I am not aware of the purpose of this visit and I am afraid that it might be an attempt to force me to withdraw the complaint against Law College. I wish to state that apart from my current complaint against the Law College, I have no other problems or conflict with any other individual or institution in Sri Lanka. Therefore I believe that the documents I was forced to sign, relate in some manner to the ongoing complaint against Law College.
My Lord, I wish to bring this incident to your attention as a means of protecting myself against any attempt to produce these documents before court and falsely represent that I had willingly consented to withdraw my complaints against the Law College and its officials. I fully intend to maintain my ongoing complaints regarding examination irregularities and the threats and harassment faced by me.
However, as a result of these threats and intimidation, I live in constant fear of a further attack and believe that I am no longer safe in my home. I am under tremendous pressure to withdraw the complaint against the Law College. As a result of these threats, I am compelled to leave my home immediately. I will be grateful if your Lordship could inquire into my case and communicate any decision by the Law College or the Legal Education Council to me by electronic communication.
I will be grateful if your Lordship will look upon my case with kindness and take steps to ensure my safety and security in Sri Lanka.
Thanking you,
Yours Sincerely
D.M. Thushara Jayarathne
<jayarathna1972@gmail.com>)e
My name is D.M. Thushara Jayarathne. I am a Sri Lankan national bearing National Identity Card No. 720692368V. I am a final year student at the Sri Lanka Law College, registered to sit for the final year examinations between October and December 2010. Further to my previous letter to your Lordship, on 15th December 2010, citing several irregularities relating to the final year examinations conducted by Sri Lanka Law College, I wish to bring to my Lords' attention several further threats made against me following my complaint including an abduction and interrogation on 4th March 2011.
Following my complaint on 3rd December 2010, to the Keselwatta Police, regarding serious examination irregularities, the Principal, Law College, ordered me to appear before an internal inquiry on 11th January at the Law College premises. The Principal threatened that if I failed to appear and state reasons my allegations, legal action will be taken against me for making false allegations against Law College officials. I gave evidence before the inquiry panel on 11th December despite fears regarding my security. I was assured that further inquiry would be conducted and steps taken based on my evidence. However I have not received any information regarding any such measures undertaken by Law College to date.
Ever since my complaint to the police on 3rd December, I have received continuous threatening calls on my mobile phone asking me to withdraw the complaint against Law College. Several calls were made from the Law College land line number which was recorded on my mobile phone. On 4th March 2011, I was abducted, at or around 11 am, by two unidentified men from a public bus stop in Colombo. The men took me to an undisclosed location and questioned me for several hours regarding my complaint against Law College and association with international human rights groups and the United Nations. I was finally released around 11 pm the same day.
I submitted complaints regarding threats faced and the abduction to the National Human Rights Commission (NHRC) and the Inspector General of Police by registered post but to my knowledge no action has been taken based on my complaints so far.
By its letter dated 3rd March 2011, the NHRC informed me that no further action would be taken regarding my complaint regarding exam irregularities at Sri Lanka Law College since the subject matter fell outside the NHRC mandate. On 7th March 2011, the NHRC informed me that it would take no further action based on my complaint regarding the abduction on 4th March, since the matter fell outside the purview of its legal mandate and did not disclose a violation of my fundamental rights under the Constitution.
28th March 2011, I was visited at my home by two unidentified men who forced me to kneel on the ground and threatened to kill me and Shantha Wijesooriya from Lanka e News if I did not stop my complaints against Law College. A complaint in this regard has been submitted to the Inspector General of Police but no steps have been taken to date.
The following day on 29th March, I was visited by two uniformed police officers who recorded my statement and claimed to be acting on the NHRC complaint submitted by me. However, the officer refused to record my specific complaints against the Registrar, Law College and Mr. Namal Rajapakse, a final year student at the Law College and the son of President Mahinda Rajapakse.
On 10th April 2011, at around 11 pm, two men in civil clothing visited my home and forced me to sign two documents which were written in English. I recognised one of the men as a person who visited my home and threatened me on 28 March 2011. The men did not explain the contents of the document to me and did not give me an opportunity to read the document. Since I was afraid for my life and safety I complied with their orders and signed the document under duress. I am not aware of the purpose of this visit and I am afraid that it might be an attempt to force me to withdraw the complaint against Law College. I wish to state that apart from my current complaint against the Law College, I have no other problems or conflict with any other individual or institution in Sri Lanka. Therefore I believe that the documents I was forced to sign, relate in some manner to the ongoing complaint against Law College.
My Lord, I wish to bring this incident to your attention as a means of protecting myself against any attempt to produce these documents before court and falsely represent that I had willingly consented to withdraw my complaints against the Law College and its officials. I fully intend to maintain my ongoing complaints regarding examination irregularities and the threats and harassment faced by me.
However, as a result of these threats and intimidation, I live in constant fear of a further attack and believe that I am no longer safe in my home. I am under tremendous pressure to withdraw the complaint against the Law College. As a result of these threats, I am compelled to leave my home immediately. I will be grateful if your Lordship could inquire into my case and communicate any decision by the Law College or the Legal Education Council to me by electronic communication.
I will be grateful if your Lordship will look upon my case with kindness and take steps to ensure my safety and security in Sri Lanka.
Thanking you,
Yours Sincerely
D.M. Thushara Jayarathne
<jayarathna1972@gmail.com>)
Subscribe to:
Posts (Atom)