Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of Dr. Jayalath Jayawardena, a Member of Parliament of Sri Lanka, and to the related report of the Committee on the Human Rights of Parliamentarians,

Having heard in two separate meetings members of the Sri Lankan delegation to the 106th Conference belonging to the opposition and to the government party, respectively,

Taking account of the information provided by Dr. Jayawardena on 5 September 2001,

Recalling that, in early 1997, two separate charges of criminal misappropriation were brought against Dr. Jayawardena under the Public Property Act alleging that he had drawn a salary from the State without performing his work; in August 2000 he was acquitted in the first case and, in March 2001, the judge granted withdrawal of the charges in the second case,

Recalling the fear of the source that the charges were fabricated and brought against Dr. Jayawardena solely on account of his political stance and activities as a medical doctor in favour of Tamil refugees; recalling in this connection the following:

• The Red Cross driver who took Dr. Jayawardena in May/June 1998 to the Wanni District was arrested and detained for seven months without charge; 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;

• In January and April 2000 and again in February 2001, the Head of State publicly accused him of having contacts with the LTTE without, however, in any way substantiating such accusations; Dr. Jayawardena affirms that, as a result, he has received death threats,

Considering that in June, July and August 2001, State-owned print and electronic media again accused Dr. Jayawardena of prohibited links with the LTTE and in one instance even labelled him an LTTE spy, referring in support of their claim to a private United States website "Global-Spy Magazine - 2001 edition" in which his name is mentioned; the private website branded Dr. Jayawardena as an "LTTE spy" reportedly because of his participation in the "International Conference on Tamil Nationhood and search for peace in Sri Lanka" , held in May 1999 at Carleton University in Ottawa, Canada; Dr. Jayawardena's public denials of any links with the LTTE were reportedly either totally ignored or published out of context; as a result Dr. Jayawardena and his family are reportedly receiving an increasing number of death threats and fear for their lives; noting in this respect that, according to Dr. Jayawardena, he was followed on 18 July 2001 by an unidentified gunman close to his constituency office; he lodged a complaint, and reportedly no action has so far been taken; on 31 August a live hand grenade was found at a junction leading to the crossroads close to his home,

Considering that Dr. Jayawardena requested additional security and that this request was reiterated by the Speaker on 21 June and 18 July 2001 and directly addressed to the President of the Republic, since such requests require her approval; noting that Dr. Jayawardena has so far not been afforded any additional security,

Recalling that, in October 2000, a Deputy Minister and MP belonging to the ruling party, Mr. Felix Perera, reportedly made a death threat against Dr. Jayawardena during a public meeting in the latter's constituency, and that Dr. Jayawardena filed a complaint; the Attorney General directed the police to institute proceedings; on 21 June 2001, he ordered the police to refrain from filing charges in view of matters raised by Mr. Perera's legal counsel which required re-examination of the issue,

Considering that whereas in the hearing held in Ouagadougou, the opposition members of the Sri Lankan delegation stressed that Dr. Jayawardena was being unfairly treated and that the Government should bring charges if he had committed unlawful acts rather than accuse him in the media; the Deputy Speaker and the MPs of the ruling party pointed out that the media enjoyed freedom of speech and that anyone could make accusations; moreover, the press had also put out reports that MPs belonging to the ruling party had gone to restricted areas; on the issue of protection, they stressed that additional security had been granted by the Ministry of Defence taking account of the real risks incurred by the MP,

1. Thanks the Sri Lankan delegation for the information and observations provided; regrets, however, the absence of any reply from the Sri Lankan authorities to the letters which the Secretary General addressed to them, particularly in the face of such serious concerns as threats to a person's life and security;

2. Expresses deep concern at the continuing publication, in State-owned media, of unsubstantiated accusations against Dr. Jayawardena which, given the political situation in the country, can but single him out as a possible target and so put his life at risk;

3. Considers that these continuing unfounded accusations made in the press instead of in court, where Dr. Jayawardena could clear himself, lend credence to the allegation of political persecution of Dr. Jayawardena;

4. Recalls that Sri Lanka, as a party to the International Covenant on Civil and Political Rights, which guarantees the right to security (Article 9) and protects the honour and reputation of persons against unlawful attacks (Article 17), has a duty to ensure respect for them and take appropriate measures to implement them;

5. Urges therefore the authorities to comply with their duty under these provisions and to take the necessary measures to protect Dr. Jayawardena's life and security, as requested by the Speaker of Parliament, and to ensure respect for his right to honour and reputation;

6. Urges the authorities also to investigate without delay, as their duty requires, the complaints made by Dr. Jayawardena concerning the threats to his life;

7. Affirms that Parliament has a special interest in ensuring that attacks on MPs that may amount to violation of their human rights cease and that those responsible for such attacks are called to account, since in the last analysis such behaviour puts all MPs at risk and, with them, the institution of parliament as such;

8. Notes that the Attorney General deemed it necessary to re-examine his order to institute proceedings against Mr. Felix Perera, and wishes to be kept informed of the final decision he takes on this matter; affirms that death threats issued by an MP of the ruling party against another MP are a matter of serious concern and certainly warrant investigation;

9. Requests the Secretary General to convey this resolution to the Head of State, the Speaker of Parliament, the Attorney General and the Minister of Defence, and to the competent United Nations human rights bodies and Dr. Jayawardena;

10. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (March 2002).

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