CASE N° SRI/12 - JAYALATH JAYAWARDENA - SRI LANKA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Referring to the outline of the case of Dr. Jayalath Jayawardena, a Member of Parliament of Sri Lanka, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Taking account of the information supplied by Mr. Raja Collure, a Sri Lankan delegate to the 105th Conference of the Inter-Parliamentary Union (April 2001), and of information provided by Dr. Jayawardena on 31 March 2001,

Recalling that, in early 1997, Dr. Jayawardena was charged under the Public Property Act with criminal misappropriation on accusations of having, from 1 November 1992 to 31 October 1993 and from 1 January 1991 to 31 December 1991, drawn a salary from the State without performing his duty; two cases - N° 8075/96 and N° 8076/96 - were opened against him before Colombo High Court; the sources feared that the charges were fabricated and brought against Dr. Jayawardena solely on account of his political stance and activities,

Recalling that, on 22 August 2000, Dr. Jayawardena was acquitted in the first case, the judge finding that there was no basis for concluding that he had failed to discharge his duties during the period 1 November 1992 to 31 October 1993,

Considering that, on 13 March 2001, the judge granted a request of the Attorney General's Office to withdraw the charges in the second case,

Recalling further that the President of the Republic accused Dr. Jayawardena on several occasions, most recently in a television interview on 15 February 2001, of having contacts with the Liberation Tigers of Tamal Eelam (LTTE) without substantiating such accusation; recalling in this context the following incident: the Red Cross driver who took Dr. Jayawardena in May/June 1998 to the Wanni District, a restricted area, was arrested and detained for seven months without being charged; he testified that he had been threatened with assault and torture in order to make him say that Dr. Jayawardena had held meetings with LTTE members; in the fundamental human rights case brought before it, the Supreme Court granted the statement by the driver and awarded him compensation,

Considering that, following the President's public statements, Dr. Jayawardena has reportedly received death threats; noting that several pro-Tamil politicians have in the past fled the country for fear of their lives or been killed, such as MP Atputharajah in November 1999 and the leader of the All Ceylon Tamil Congress, Mr. Ponnambalam, in January 2000,

Considering that, according to a Sri Lankan delegate to the 105th Conference, the President of the Republic, who enjoys immunity from prosecution, acts with responsibility; accusations of contacts with the LTTE had been made during the election campaign against the United National Party as such, and it was not logical to link the death threats against Dr. Jayawardena to accusations of contacts with the LTTE; he nevertheless affirmed that complaints of death threats must be investigated,

Considering that, in October 2000, a Deputy Minister and MP belonging to the ruling party, Mr. Felix Perera, reportedly threatened Dr. Jayawardena with death during a public meeting in Dr. Jayawardena's constituency; Dr. Jayawardena filed a complaint with the police and, among other authorities, with the Speaker of Parliament, who took the matter up with the Inspector General of Police; according to the same Sri Lankan delegate to the 105th Conference, the police have conducted investigations and gathered testimony, and the relevant report will be forwarded by the Attorney General,

Considering in this connection that, in March 2000, the parliamentary authorities recommended to the police that Dr. Jayawardena be afforded additional personal security; however, their recommendation has reportedly not been acted upon as yet,

1. Thanks the Sri Lankan delegate for the information he provided and for his cooperation;

2. Notes that the charges in the second case pending against Dr. Jayawardena have been withdrawn and that consequently he is no longer the subject of any judicial proceedings;

3. Remains nonetheless deeply concerned at the repeated public accusations made by the Head of the State against Dr. Jayawardena, which, given the political context, designate him as a target and jeopardise his personal security, as evidenced by the death threats he has reportedly received;

4. Recalls that Sri Lanka, as a party to the International Covenant on Civil and Political Rights, which guarantees the right to security, is under an obligation to ensure that its authorities refrain from any action endangering the security of its citizens and to take reasonable and appropriate measures to protect their lives;

5. Trusts therefore that any unsubstantiated accusations of forbidden contacts with the LTTE on the part of Dr. Jayawardena will cease and that his complaint of death threats will be promptly and thoroughly investigated; notes in this respect that investigations into the threats proffered against Dr. Jayawardena by a fellow MP and member of the Government are under way, and that the Attorney General is expected to report thereon to Parliament;

6. Notes with satisfaction that Parliament has requested the Ministry of Defence to afford Dr. Jayawardena the necessary protection; is nonetheless concerned that no such measures have apparently been taken, and calls on the parliamentary authorities to ensure that such protection is indeed afforded him and its recommendations heeded by the competent authorities;

7. Requests the Secretary General to convey this resolution to the Speaker of Parliament, to the Attorney General and to the Minister of Defence, as well as to Dr. Jayawardena;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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