SRI LANKA: GRENADE ATTACK AGAINST HOME OF HUMAN

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000907

SIPDIS

DEPARTMENT FOR SCA/INS

E.O. 12958: DECL: 09/29/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GRENADE ATTACK AGAINST HOME OF HUMAN
RIGHTS AND ANTI-CORRUPTION ATTORNEY

Classified By: DCM JAMES R. MOORE, FOR REASONS: 1.4(b,d).


1. (U) On Saturday September 27, 2008 at approximately 11:30
p.m., two grenades were thrown at the residence of Mr. J.C.
Weliamuna in Kohuwela, a Colombo suburb. Weliamuna is a
well-known human rights lawyer and also Director of
Transparency International (Sri Lanka). One of the two
grenades detonated, causing damage to the residence. The
other failed to explode and was recovered by police.


2. (C) Weliamuna, a long-time contact of the Embassy, told
us that he had received no prior warning, and that he was in
his residence with his family when the grenade exploded.
Weliamuna added that about ninety percent of his legal
caseload consists of "extremely sensitive" human rights and
official corruption cases. He thought that the attack
against his residence was symptomatic of recent trends. He
requested serious intervention in regard to the
investigations and to show concern.


3. (SBU) In addition to the physical evidence of both the
exploded and unexploded grenades, some of Weliamuna's recent
cases may provide some clues as to the identity of the
perpetrators. Weliamuna has been representing J.S.
Tissanaiyagam and two other journalists in their arrest and
detention cases under the Prevention of Terrorism Act.
Weliamuna has also been involved in preparing the dossier in
the case challenging the privatization of the Sri Lanka
Insurance Corporation.


4. (SBU) Media reports, however, called attention to
Weliamuna's role in a fundamental rights case filed by
Siyaguna Kosgodage Anton Sugath Nishantha Fernando alleging
torture by several police officers who had him in custody at
the Negombo police station. Subsequently, on September 20,
2008, two persons on a motorcycle shot him dead while he was
driving his van, accompanied by his 11 year old son. At the
most recent hearing of this case on September 26, the Supreme
Court directed the Attorney-General to instruct the police
Special Investigation Unit to inquire into the incident.
Another lawyer who appeared against the same police officers
in a related trial in the High Court in Negombo had earlier
received threats.


5. (C) Other observers pointed to a fundamental rights case
Weliamuna was involved in questioning the setting-up of a
private security firm to provide protection for government
offices. The officers of the new company were listed as
Defense Secretary Gothabaya Rajapaksa, former Treasury
Secretary P. B. Jayasundera, and attorney Mohan Peiris (an
attorney who serves as an advisor to the Defense Secretary).
Others thought that the recent ranking of Sri Lanka as 92nd
in the world in government transparency could have angered
important people.


6. (U) The U.S. Embassy issued the following statement
concerning the attack on Weliamuna:

(begin text)

The United States condemns the September 27 attack on the
residence of the Executive Director of Transparency
International Sri Lanka and well-known human rights attorney

J. C. Weliamuna. The U.S. Embassy commends Mr. Weliamuna's
work as a defender of those who seek to fight corruption,
protect the victims of abuse, and advance the cause of human
rights in Sri Lanka. We look to the authorities to launch an
immediate investigation and bring the perpetrators of this
crime swiftly to justice. (end text)


7. (C) COMMENT: Several organizations, including
Transparency International itself, the Sri Lanka Bar
Association, and the National Peace Council condemned the
attack on Weliamuna's residence. Embassy also received a

COLOMBO 00000907 002 OF 002


message from the Hong Kong-based Asian Human Rights
Commission deploring the attack and requesting an
intervention with the authorities. It is probable that
elements of the security forces, most likely rogue police,
were involved in the attack. Although the Asian Human Rights
Commission hinted darkly that "the Ministry of Defense in
recent times have acquired notoriety for engaging in all
kinds of abuses of human rights," we have no direct evidence
that more senior officials were involved. Still, this sort
of incident is all too common in Sri Lanka, where nearly all
attempts to hold law enforcement or military personnel
accountable for human rights abuses have been frustrated over
the last several decades. The Committee to Protect
Journalists has just ranked Sri Lanka fifth worst in the
world in terms of official impunity. Weliamuna and other
attorneys courageous enough to take on these sorts of cases
know well the risks they run, but the authors of the attack
may also have intended to send a message to the Chief Justice
of the Supreme Court or other judges about the potential
consequences of ordering investigations into the conduct of
the security forces. There are a considerable number of
similar cases of intimidation or elimination of witnesses in
sensitive human rights or corruption cases.
BLAKE