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This situation also violates my Fundamental Rights, impinging on my freedom of movement and freedom of association,” Kumaratunga has emphasised in her letter, sent on 5 March, 2014 and acknowledged by President’s Secretary Lalith Weeratunge.
“I clearly wish to inform you that the surveillance mounted on me by your Government is illegal and unconstitutional and in violation of my Fundamental Rights. I wish to earnestly request Your Excellency to take immediate action to instruct all relevant authorities to stop all illegal surveillance done with regards to myself,” states Kumaratunga’s letter to the President.
The charges by the former President come when the Government is under heavy fire at the UN Human Rights Council in Geneva over its human rights record and the ongoing harassment of human rights defenders and dissidents.
Following is the full text of the letter sent by Former President Chandrika Kumaratunga to President Mahinda Rajapaksa.
His Excellency Mahinda Rajapaksa,
President of Sri Lanka,
Presidential Secretariat,
Colombo 1.
Harassment of Former President Chandrika Bandaranaike Kumaratunga through illegal surveillance
I write to inform you of certain activities undertaken by your Government that have violated my privacy, caused much harassment to me and concern with regard to my personal safety.
This situation also violates my Fundamental Rights, impinging on my freedom of movement and freedom of association.
Since I retired from the Presidency in 2005 and you assumed the office of President, the secret services of the Government, which are directly under the authority of yourself and your brother Gotabaya Rajapaksa, Secretary to your Ministry of Defence, have relentlessly pursued the following actions:
Constant surveillance of all my telephone and email communications
Constant surveillance of my residences in Colombo and at Horagolla
“Visits” paid to several friends, consequent to their visiting my home, by officers introducing themselves as from the NIB. They have been interrogated, in an intimidating manner, about what they did at my home, who else was present and what was discussed.
I complained in writing about this to the former Inspector General of Police Jayantha Wickremeratne by my letter dated 19 October, 2009 and also talked to him on the phone. I did not have the courtesy of even an acknowledgement, similarly to several letters written to you, your Secretary Lalith Weeratunga as well as Secretary, Ministry of Defence Gotabaya Rajapaksa on other matters.
NIB officers visiting and interrogating the management of hotels, after I have happened to visit these hotels for entirely personal reasons. They have been questioned as to why I went to the hotel, what I discussed, who I meet there, etc.
They also place officers at the hotel, to watch and report on who attends my events. The staff at these hotels has been so intimidated and frightened by these actions, that I now find it difficult to arrange even personal events at hotels.
Recently I went to the Kurunegala District, for a personal visit. A few long-time friends learnt of my visit and invited me to their homes – one for tea and the other for dinner. The local NIB officer subjected my hosts to constant harassment for several days before and after my visit, inquiring about the reasons for my visit, whom I met, etc. In the context of a culture of white vans, these friends are terrified to associate with me anymore.
I also went recently to Anuradhapura with foreign friends. The hotel I stayed in was under 24 hour surveillance by NIB officers, who were recognised and spoken to by my security detail. The net result would be that the said hotel management will be hesitant to accommodate me in the future.
It is noteworthy that my security officers have recognised some of the NIB personnel engaging in various acts of surveillance
I am deeply concerned about the above for the reasons given below:
This is a serious violation of my Fundamental Rights to movement and association.
This amounts to a calculated strategy of your Government to harass me and cause severe mental and emotional stress to me, while intimidating my friends and associates. This situation is compounded by the knowledge that you have informed a large number of senior members of our Party and our Government to desist from talking and associating with me, during the past eight years of your Presidency.
Taking into consideration the prevailing practice of destroying anyone who is considered a threat to the higher authorities of your Government, by means of murder, “disappearances”, physical attacks, I have serious reasons to be concerned about my safety. The practice of constant surveillance is an effective means of obtaining information about my whereabouts, in order to facilitate planned action against my person.
I say that the surveillance that has been mounted on me, the Former President of Sri Lanka, is illegal for the following reasons:
The only legal provision relating to this issue is Section 56 of the Police Ordinance. This Section casts a duty on a Police Officer to use his best endeavours to prevent all crimes, offences and public nuisances, to preserve the peace, to apprehend disorderly and suspicious characters and to collect and communicate intelligence affecting the public peace, etc.
This Section evidently comes into operation when the relevant Police authority has reasonable grounds to suspect that the person they need to mount surveillance on is engaged in the above stated activities. I would be pleased if you could inform me what crimes and offences I have committed, in which way I have been a public nuisance or affected public peace, or behaved in a disorderly or suspicious manner.
In the absence of the above unlawful activities, I clearly wish to inform you that the surveillance mounted on me by your Government is illegal and unconstitutional and in violation of my Fundamental Rights.
I wish to earnestly request Your Excellency to take immediate action to instruct all relevant authorities to stop all illegal surveillance done with regards to myself.
Thanking you.
Yours faithfully,
Chandrika Kumaratunga
