Statement Condemning the Arrest and Unlawful Detention of Four Students from the University of Jaffna, and Calling for their Immediate Release

6th December, 2012

We the undersigned, strongly condemn the arrest of four students of the University of Jaffna (UoJ) by the Terrorism Investigation Department (TID) on Thursday, November 29, 2012.

While welcoming the release of Kanesamoorthy Sutharsan, a student of the Jaffna Medical Faculty on the morning of Tuesday, December 4, we condemn the continued detention of the remaining three Jaffna University Student Union members: Sanmugam Solaman (24), Kanagasundram Jenamajenth, and Student Union Secretary Paramalingam Tharshaanan (24).

The four are part of a group of seven Jaffna University students who were summoned by the Kopai Police (in the Jaffna District) on Thursday, November 29, 2012, in connection with an alleged arson (petrol bomb) attack on the office of the Sri Tamil Eelam Liberation Organization (TELO) in Thirunelvely, Jaffna. Sri-TELO had opened its office at Thirunelvely near the Jaffna University, only a week prior to the alleged arson attack. The students were later charged with putting up posters around the Jaffna University relating to Maaveerar Naal (LTTE heroes/martyrs day) which fell on Tuesday, November 27, 2012.Following the summons, Sanmugam Solaman and Kanagasundram Jenamajenth surrendered to the Kopai Police at 1pm on Thursday, November 29, accompanied by two Jaffna University lecturers and a lawyer.

At the time of arrest, the lecturers were shown a document in Sinhala, which appeared to be the letter issued by the Officer in Charge of the Kopai Police, dated Friday, November 30 (Ref No. OIC/KP/ODB/6067/2012), to the head of security at the Jaffna University. It stated that the seven students listed in the document must appear at the Kopai Police station to make a statement on November 30, in relation to a complaint made to the Kopai Police by one Somasuriyasingham Senthuran of Kondavil West (Jaffna District), on November 29. The two students Sanmugam Solaman and Kanagasundram Jenamajenth, were subsequently handed over to the TID office in Vavuniya on November 30.

Two more students – Paramalingam Tharshaanan and Kanesamoorthy Sutharsan – were arrested by the Kopai Police at 1am on November 30 from their temporary residences in Kaladdi and Urumpirai (Jaffna District) and handed over to the TID office in Vavuniya on Saturday, December 1.

The remaining three students are currently being held at the Vavuniya TID office. The families of the students have so far not been provided with any official document relating to their detention or charges. The students have also not been produced before either the Vavuniya or Jaffna Magistrate. We are therefore deeply concerned with regard to the legality of their continued detention.

The parents of one student met all four students at the Vavuniya TID office on Monday, December 3.Vavuniya Police have assured the students and the parents that they would be released subject to being produced before the Vavuniya Magistrate. The parents and the four students waited at the Vavuniya Police Station from 8am – 3pm on December 3 for the Vavuniya Magistrate to return from Colombo.

However the students have not been produced before the Magistrate so far. We are concerned by evidence that the university authorities have been informed by the Deputy Inspector General for the Northern Province that detention orders have been issued for the four students as on December 2. The parents of the students have not been provided a copy of the detention order to date.Of the three remaining students summoned in the document dated November 30, two students have already graduated from the University of Jaffna and are employed under the Government Graduate Scheme in Nedunkerny, (Vavuniya District).

Six of the seven students named in the letter dated 30th November have been active and outspoken members of the Jaffna University Student Union, post war. The students have organized and participated in several protests and campaigns against human rights violations allegedly committed by the Sri Lanka Army in the North.

On November 28, they were involved in organising a silent protest against the intimidation and attacks by the Sri Lanka Army on university students on the previous day. So far no charges or evidence has been produced linking the students with the alleged arson attack.

On November 30, the police raided and ransacked the houses of two other students from the Jaffna University. The names of these students were not included in the letter dated November 30. According to the students, the raid was carried out by Police officers and persons in civilian clothes who did not disclose their identity. One student was also subjected to intimidation and questioning by the officers. The other student’s house was ransacked twice on the morning of November 30, and early morning on December 1.

Since the student was not at his house on both occasions, the officers instructed his parents that he must surrender to the Point Pedro Police immediately.In light of the facts above, we are deeply concerned that the students’ arrests are baseless and politically motivated, and constitute an act of reprisal against their activism and campaign against human rights violations by the Sri Lanka Army.

Jaffna University students are presently carrying out a protest campaign against these arrests and several acts of intimidation and attacks carried out by the Sri Lanka Army against Jaffna University students. Students have boycotted their classes in protest and many students have left the University hostel premises in fear of further attacks or arrests.We are also deeply concerned about the impact of these actions by security forces on the Jaffna University, which has been brought to a virtual standstill, and the adverse repercussions on the students’ academic work and their safety and security within the university.

We reiterate the call by the University Teachers Association of Jaffna (UTAJ) in its Open Letter to the Vice Chancellor of the University of Jaffna to take all measures to ensure the immediate release of the detained students and obtain assurance in order to create a more secure and conducive environment for teaching and learning within the University, that no further student arrests will be made by security forces; to ensure the immediate removal of the presence of military, police and security checkpoints in the university environs since November 27; and ensure that no outside person, particularly military and police personnel be permitted to enter the Jaffna University and hostel premises without the prior permission of University authorities.

We therefore call on the Sri Lankan Government to:

▪ Release with immediate effect the three detained students in the absence of clear evidence linking them to the alleged crime

▪ Permit the students access to legal assistance and regular visits by their family members

▪ Ensure the safety, and physical and mental welfare of the students currently held in detention

▪ Put an immediate halt to any further arrests, acts of intimidation, harassment and reprisals carried out by the TID and Sri Lanka Army on students from the University of Jaffna

▪ Stop all interference by security forces and law enforcement authorities in the internal administration of the University of Jaffna and its student body

▪ Investigate into all past attacks of violence against students of the University of Jaffna, including incidents where the perpetrator/s is unknown Situation Update as at 12.30pm, 7 December, 2012

On the morning of 6 th December, 2012, the Kopai Police have handed over a list of a further 10 students to the University authorities to be handed over to the Police for questioning, over an undisclosed charge. The list includes five students from the University of Jaffna (UoJ) Medical Faculty and the Presidents of the Jaffna University Student Union, Science Faculty Union and Management Faculty Union. The five students from the Medical Faculty and one student from the Management Faculty were accompanied by the Dean of the Medical Faculty and lecturers and handed over to the TID office in Vavuniya for questioning late last evening.

The Vice Chancellor of the UoJ has requested all Faculties of the University and the parents of the students summoned by the Police, to hand over the students for questioning to the Police. The parents have agreed to do so, but have requested that the University authorities accompany their children to the Police.

The remaining four students, three from the Science, and one from the Management Faculty, have refused to surrender themselves to the Police until they are provided with a legitimate charge.

The three Science Faculty students are known to be outspoken activists in the University. Many students, particularly former Student Union members have gone into hiding due to the fear and panic caused as a result of these arrests. With the student boycott of the UoJ reaching its ninth day (since the 29 th of November) today, the situation in the Jaffna University remains tense and volatile.

Signed by:

CLERGY

1. Most Rev. Dr. Rayappu Joseph – Bishop of the Diocese of Mannar
2. Most Rev. Dr. Thomas Savundranayagam-Bishop of the Diocese of Jaffna
3. Most Rev. Dr. Norbert Andradi OMI-Bishop of the Diocese of Anuradhapura
4. Most Rev. Dr. Raymond Wickramasinghe-Bishop of the Diocese of Galle
5. Most Rev. Dr. Harold Anthony Perera-Bishop of the Diocese of Kurunegala
6. Ven. Buddhiyagama Chandra Rathna Thero
7. Rt. Rev. Duleep de Chickera–Bishop Emeritus of Colombo, Anglican Church
8. Rt. Rev. Kumara Illangasinghe – Bishop Emeritus of Kurunagala, Anglican Church
9. Fr. Arulanandam
10. Fr. B. Regno
11. Fr. C. Jeyakumar – Parish Priest, Kayts
12. Fr. Jeyabalan Croos
13. Fr. R. Augustine
14. Fr. Sarath Iddamalgoda
15. Fr. Terence Fernando
16. Fr. Yoges
17. Rev. Jason J. Selvaraja – Assembly of God Church, Chavakachcheri
18. Rev. Fr. Lawrence Gnanathicam
19. Rev. Fr. M. Sathivel – Christian Solidarity Movement
20. Rev. Fr. S. Mahesan
21. Rev. Reid Fernando – Chaplain of YCW/CWM Archdiocese of Colombo
22. Sr. Angela Fernando
23. Sr. Helen Fernando
24. Sr. Immaculate
25. Sr. Marie Angela Cooray
26. Sr. Mary Christine
27. Sr. Milburga Fernando

ORGANIZATIONS

28. Ainslie Joseph-Christian Alliance for Social Action (CASA)
29. Balasingham Skanthakumar-Law & Society Trust, Colombo
30. Brito Fernando-Families of the Disappeared
31. Dr. Paikiasothy Saravanamuttu-Executive Director, Centre for Policy Alternatives (CPA)
32. Herman Kumara–National Fisheries Solidarity Movement (NAFSO)
33. J.C. Weliamuna–Convener, Lawyers for Democracy
34. N.A. Sampath Pushpakumara–Rights Now Collective for Democracy
35. Nadeeshani Bahabandara-Women’s Political Academy
36. Nimalka Fernando–Executive Director, International Movement Against All Forms of Discrimination and Racism (IMADR) Asia
37. Padmini Weerasooriya–Mothers and Daughters of Lanka
38. Philip Dissanayaka-Right to Life Human Rights Centre
39. Rosanna Flamer-Caldera–Executive Director, EQUAL GROUND
40. Sanjendra Vignaraja-Project Manager, American Center for International Labor
41. Saroja Sivachandran–Centre for Women and Development, Jaffna
42. Sepali Kottegoda–Women & Media Collective
43. Sriya Ahangama-Women’s Centre
44. Sudarshana Gunawardana-Rights Now Collective for Democracy
45. Sunil Jayasekara–Free Media Movement (FMM)
46. Sunila Abeysekera–Executive Director, INFORM Human Rights Documentation Centre
47. Thiruni Kelegama-Institute for Defence Studies and Analyses, New Delhi
48. Udaya Kalupathirana–INFORM Human Rights Documentation Centre
49. Visaka Dharmadasa-Association of War Affected Women (AWAW)
50. Activist for Human Rights (AHR)
51. Human Rights Defenders Network, Sri Lanka
52. Networking for Rights in Sri Lanka
53. Women’s Action Network

INDIVIDUALS

54. Amal De Chickera
55. Ananda Jayasekera
56. Anushaya Collure
57. Ayeshea Perera
58. Bhavani Fonseka – Attorney-at-law
59. Chandraguptha Thenuwara
60. Chulani Kodikara
61. Deanne Uyangoda
62. Dharisha Bastians
63. Dilshy Banu
64. Dinidu de Alwis – Freelance Journalist
65. Divya Martyn
66. Dr. Leonie Solomons
67. Dushiyanthini Kanagasabapathipillai
68. Dylan Perera
69. Ermiza Tegal – Attorney-at-Law
70. Francis Solomantine
71. Hans Billimoria
72. Harean Hettiarachchi
73. I.D. Geethika Dharmasinghe
74. Iromi Perera
75. Jagath Liyanarachchi – Attorney-at-law
76. Jake Oorloff
77. Jay Gunewardena
78. Jayanthi Kuru-Utumpala
79. Jehanki Anandha
80. Jovita Arulanantham
81. Juanita Arulanantham – Attorney-at-Law
82. Juliana Arulanantham
83. K.S. Ratnavale – Attorney-at-law
84. Krishan Rajapakshe
85. Kshama Ranawana
86. Kushlani Perera
87. Kusum Weeratunge
88. Luwie Ganeshathasan
89. M.M. Jihad Al Shajhan
90. Mahendran Thiruvarangan
91. Maria Emmanuel
92. Marisa de Silva
93. Mathuri Thamilmaran – Attorney-at-Law
94. Megara Tegal
95. Melisha Yapa
96. Mirak Raheem
97. Mohamed Hisham
98. Nalini Sivathasan
99. Nicola Perera
100. Nigel V. Nugawela
101. Nihal de Silva
102. Niran Anketell
103. Nirmanusan Balasundaram – Independent Journalist / Human Rights Advocate
104. Nishan de Mel
105. P.N. Singham
106. Paba Deshapriya
107. Prabu Deepan
108. Priya Thangarajah
109. Priyanthie de Silva
110. Punitharani Markpillai
111. Ruki Fernando
112. S.C. Asoka Obeyesekere
113. Sankha Ranadheera Vithanaq
114. Scholastica Perera
115. Selyna Peiris
116. Shehan de Alwis
117. Shreen Abdul Saroor
118. Suchetha Wijenayake
119. Sumith Chaminda Leelarathne
120. Sunanda Deshapriya
121. Thiagi Piyadasa
122. Thushari Madahapola
123. Vaidehi Perera
124. Velayutham Jayachitra
125. Vinoth Ramachandra
126. W.A. Upul Wickramasinghe–Chemist
127. Zainab Ibrahim