Document #1329272
IRB – Immigration and Refugee Board of Canada (Author)
For general information on the treatment of
lawyers who file habeas corpus applications, please consult the
attachments. Additional information can be found in the 1989
edition of Lawyers Committee for Human Rights (LCHR)
Critique, available at Regional Documentation Centres.
According to sources, lawyer Kanchana
Abhayapala was killed at home on 28 August 1989 by unidentified
gunmen (CIJL 1990, 87; AI 31 Aug. 1989; ibid. 29 Aug. 1989). He had
been threatened on 7 July 1989 (ibid. 12 July 1989; CIJL 1990, 87)
that he would be killed if he filed one more habeas corpus petition
(ibid.; AI 12 July 1989). Please consult Response to Information
Request LKA2558 of 26 October 1989 for additional information on
Abhayapala.
Lawyer Sarath Karalliyadda was taken into
custody on 26 October 1989 by at least one man, reportedly in army
uniform, and was found dead the following day(LCHR July 1990,
207-8; AI 30 Oct. 1989). Karalliyadda lived in Teldeniya town,
approximately 10 miles from Kandy (ibid.). He had acted as a lawyer
for a 16 year old student who had been shot by police in June 1989
(ibid.; LCHR July 1990, 207-8). In a February 1990 Amnesty
International (AI) report, Karalliyadda's first name is given as
"Sanath" (4). According to AI, seven Teldeniya policemen
were questioned in a magisterial inquiry into Karalliyadda's death
(30 Oct. 1989).
According to sources, Attorney-at-Law
Wijedasa Liyanarachchi died on 2 or 3 September 1988 at Colombo
General Hospital (AI 9 Sept. 1988; CIJL 1989, 37; HRW Dec. 1988,
183;) in police custody (ibid.). He had been arrested by the
Counter Subversion Unit of Tangall on 25 August 1988, was detained
at Tangall police station then brought to the Counter Terrorism
Unit in Sapugaskande in Colombo (AI 9 Sept. 1988). Shortly before
he died, Liyanarachchi claimed to have been tortured by police
(ibid.). Sources report that Liyanarachchi had represented
suspected guerrilla members (CIJL 1990, 86; HRW Dec. 1988, 183). On
6 September 1988, the High Court was given permission to hold a
public inquiry into Liyanarachchi's death (ibid.). According to two
sources, November 1988 Sri Lankan press reports indicated that the
Police Superintendent responsible for Liyanarachchi's arrest had
been charged with murder (CIJL 1989, 37; HRW Dec. 1988, 183). On 23
March 1992, Deputy Inspector General of Police Premadasa
Udugampola's passport was impounded, he was ordered by a court to
report to police investigators for an inquiry into Liyanarachchi's
death and was forbidden to leave the country (Reuters 23 Mar.
1992).
Information on Lanka Devapura, Sarath
Rathnayake and Wanapala Ranatunga could not be found among the
sources consulted by the DIRB.
This Response was prepared after
researching publicly accessible information currently available to
the DIRB within time constraints. This Response is not, and does
not purport to be, conclusive as to the merit of any particular
claim to refugee status or asylum. Please find below the list of
additional sources consulted in researching this Information
Request.
References
Amnesty International (AI). February
1990. Sri Lanka: Summary of Human Rights Concerns. (AI
Index: ASA 37/03/90). London: Amnesty International
_____. 30 October 1989. Urgent
Action: Sri Lanka: Extrajudicial Execution/Death Threats: Sarath
Karalliyadda and Parakrama Ranasinghe. (AI Index: ASA
37/18/89). London: Amnesty International.
_____. 31 August 1989. Urgent
Action: Sri Lanka: Correction to Follow-Up on UA 239/89 (ASA
37/14/89, issued on 29 August 1989)-Death Threats/Extrajudicial
Executions: Kanchana Abhayapala, Prins Gunasekara, Charitha
Lanakpura. London: Amnesty International.
_____. 29 August 1989. Urgent
Action: Sri Lanka: Further Information on UA 239/89 (ASA 37/08/89.
12 July) and Follow-Ups (ASA 37/10/89, 2 August, and ASA 37/12/89,
18 August) - Death Threats/Extrajudicial Executions: Kanchana
Abhayapala, Prins Gunasekara, Charitha Lankapura. (AI Index:
ASA 37/14/89). London: Amnesty International.
_____. 12 July 1989. Urgent Action:
Sri Lanka: Death Threats/Possible Extrajudicial Execution: Prins
Gunasekara, Kanchana Abhayapala, Charitha Lankapura. (AI
Index: ASA 37/08/89). London: Amnesty International.
_____. 9 September 1988. Urgent
Action: Sri Lanka: Death in Custody: Wijedasa Liyanarachchi,
Lawyer. (AI Index: ASA 37/06/88). London: Amnesty
International.
Committee for the Independence of Judges
and Lawyers (CIJL). 1990. Attacks on Justice: The Harassment
and Persecution of Judges and Lawyers July 1989-June 1990.
Geneva: CIJL.
_____. 1989. The Harassment and
Persecution of Judges and Lawyers January 1988-June 1989.
Geneva: CIJL.
Human Rights Watch (HRW). December 1988.
The Persecution of Human Rights Monitors: December 1987 to
December 1988: A World Survey. New York: HRW.
Lawyers Committee for Human Rights
(LCHR). July 1990. Critique: Review of the Department of
State's Country Reports on Human Rights Practices for 1989.
New York: LCHR.
Reuters. 23 March 1992. BC Cycle. "Sri
Lankan Police Officer's Passport Impounded." (NEXIS)
Attachments
Amnesty International (AI). February
1990. Sri Lanka: Summary of Human Rights Concerns. (AI
Index: ASA 37/03/90). London: Amnesty International, p. 4.
_____. 21 November 1989. Urgent
Action: Sri Lanka: Prins Gunasekera. (AI Index: ASA 37/20/89).
London: Amnesty International.
_____. 30 October 1989. Urgent
Action: Sri Lanka: Extrajudicial Execution/Death Threats: Sarath
Karalliyadda and Parakrama Ranasinghe. (AI Index: ASA
37/18/89). London: Amnesty International.
_____. 31 August 1989. Urgent
Action: Sri Lanka: Correction to Follow-Up on UA 239/89 (ASA
37/14/89, issued on 29 August 1989)-Death Threats/Extrajudicial
Executions: Kanchana Abhayapala, Prins Gunasekara, Charitha
Lanakpura. London: Amnesty International.
_____. 29 August 1989. Urgent
Action: Sri Lanka: Further Information on UA 239/89 (ASA 37/08/89.
12 July) and Follow-Ups (ASA 37/10/89, 2 August, and ASA 37/12/89,
18 August) - Death Threats/Extrajudicial Executions: Kanchana
Abhayapala, Prins Gunasekara, Charitha Lankapura. (AI Index:
ASA 37/14/89). London: Amnesty International.
_____. May 1989. Sri Lanka:
Continuing Human Rights Violations. (AI Index: ASA 37/04/89).
London: Amnesty International, pp. 12-13.
_____. November 1988. Sri
Lanka: Government Suspends the Indemnity Bill. (AI Index: ASA
37/07/88). London: Amnesty International.
_____. 9 September 1988. Urgent
Action: Sri Lanka: Death in Custody: Wijedasa Liyanarachchi,
Lawyer. (AI Index: ASA 37/06/88). London: Amnesty
International.
Committee for the Independence of Judges
and Lawyers (CIJL). 1991. Attacks on Justice: The Harassment
and Persecution of Judges and Lawyers June 1990-May 1991.
Geneva: CIJL, pp. 107-08.
_____. 1990. Attacks on Justice: The
Harassment and Persecution of Judges and Lawyers July 1989-June
1990. Geneva: CIJL, pp. 85-90.
_____. 1989. The Harassment and
Persecution of Judges and Lawyers January 1988-June 1989.
Geneva: CIJL, p. 37.
The New York Times. 2 August
1989. Late Edition-Final. Steven Erlanger. "Sri Lanka Strife: 'Guns
and Bitterness.'" (NEXIS)
Reuters. 23 March 1992. BC Cycle. "Sri
Lankan Police Officer's Passport Impounded." (NEXIS)
Additional Sources Consulted
CIJL (Committee for the
Independence of Judges and Lawyers) Yearbook. Yearly.
1992, 1993, 1994, 1995.
Country Reports on Human Rights
Practices. Yearly. 1990, 1991, 1992.
Critique: Review of the Department
of State's Country Reports on Human Rights Practices. Yearly.
1990, 1991, 1992, 1993, 1994.
DIRB. "Sri Lanka: Amnesty International"
country file. 1988-1989.
FBIS internet search.
Human Rights Watch World
Report. Yearly. 1990, 1995, 1996.
In Defense of Rights: Attacks on
Lawyers and Judges. Yearly. 1991, 1992.
On-line search of media sources.