A Fundemental Rights violation petition on behalf of displaced Tamil family....!!!

Rights violation petition on behalf of displaced family
[ Thursday, 11 June 2009, 01:19.00 PM GMT +05:30 ]

A fundamental rights violation petition was filed by Attorney-at-Law Gowry Shangary Thavarasha on behalf of five Internally Displaced Persons (IDPs) of same family being held at IDP camps at Kodikamam and Vavuniya.
The petition was filed on behalf of Manikkarajah Sivapakiam and Sopika Surendranathan being held at Kodikamam IDP camp and Jeyarani Surendranathan, Ponnusamy Surendranathan and Nesana Surendranathan being held at the Vavuniya IDP camp. The petition was instituted on the instruction of Attorney-at-Law Ms. Annapakiyam Sithamparapillai who is a relative of the IDPs.

The petition states that the detained family is from Puliyampokkanai, Manikkarajah Sivapakiam 68, her daughter Jeyarani 45, a public servant working at the Kilinochchi Zonal Education Office, son-in-law Ponnusamy Surendranathan 50 (husband of Jeyarani), Management Assistant at Paranthan MPCS., Sopika 13 and Nesana 10 are the minor daughter and son of Jeyarani and Surendranathan. Kishore Surendranathan another grandchild was injured due to shelling and subsequently succumbed to injuries. Kathirkamu Manikkarajah, the husband of the 1st detainee was in Chettikulam Camp and now living with relatives in Vavuniya. All of them had been displaced from their native place Puliyampokkanai since last December due to the Sri Lankan government military offensive against LTTE. Initially they went to Vishvamadu and thereafter faced many displacements from Vishvamadu to Udaiyarkaddu, Suthanthirapuram, and then to Putumattalan.

The family got separated on or about January 10, 2009 while fleeing for safety from shell attacks. They fled towards the Putumattalan area and to Vishvamadu. Jeyarani, her husband Surendranathan and one child Nesana were together and they were brought by the Sri Lanka Army personnel to the Saivaprakasa Vidyalaya IDP camp. Kathirkamu Manikkarajah (70 years) was a kidney patient and was permitted to leave Putumattalan by sea, with the aid of the ICRC, and was then taken to the Chettikulam Camp. He had been allowed to leave the Chettikulam IDP camp because of his age and is now living in his sister-in-law’s house at Veppamkulam.

Manikkarajah Sivapakiam and the two grandchildren Sopika and Kishore Surendranathan were in a bunker at Putumattalan on April 9, 2009, when there was heavy mortar shelling and all three had sustained injuries. Kishore aged 12 later succumbed to his injuries. The petition states that Sopika who is 13 years of age is still ailing with the injuries and is said to be in immense pain. Manikkarajah Sivapakiam and Sophia who had been injured were first taken to Chavakachcheri by boat and then accommodated at the Chavakachcheri Hindu Ladies’ College Camp. They were thereafter transferred to Hindu College, Chavakachcheri and finally to the Kodikamam IDP Camp.

The petition states that an application was made on their behalf to the Jaffna GA seeking their release from the camp in order to travel to Vavuniya where Manikkarajah Sivapakiam has a house at Veppamkulam. The application had been made especially as medical treatment was required for Sophia (13 years) but the authorities granted permission to the 68 year old grandmother to leave the camp but permission was refused for Sophia.

Since Sophia was not permitted to leave, the grandmother too continues to stay in the camp as she could not leave her injured granddaughter alone especially since this young girl has been severely traumatized over the death of her younger brother. Jeyarani Surendranathan, her husband Ponnusamy Surendranathan and their youngest daughter Nesana Surendranathan aged 10 also made an application to the District Secretary/Government Agent, Vavuniya, the Army Coordinating Officer of the Internally Displaced Persons, Vavuniya Divisional Secretary and Grama Niladhari of the area seeking permission to leave the camp.

The petition states that all the detainees are entitled to be re-united and are not persons who have no place to reside, they have three houses owned by them and furthermore they have many relatives living in Jaffna as well as in Colombo and if they are allowed to leave the respective IDP camps they can obtain accommodation for themselves. The petition contends that the continued detention of the detainees without a reasonable basis is unlawful, arbitrary and contrary to procedure established by law, and constitute an infringement of the detainees’ fundamental right to the freedom from arbitrary detention, contrary to procedure established by law and the freedom of movement within Sri Lanka and choosing their residence within Sri Lanka.

The petition asking the Court to direct the respondents to release the detainees forthwith and to take appropriate steps to hand them over to the custody of their relatives.

Lankasrinews.com