Sri Lanka: Pattani Razeek, Fifth Anniversary of Abduction and Murder
by Kingsley Karunaratne
( February 26, 2015, Colombo, Sri Lanka Guardian) The Asian Human Rights Commission and Asian Forum for Human Rights and Development, from year to year from 2010,expressed their shock and deep frustration over the long delay of investigation and seeking justice into abduction and murder of human Rights Defender, Pattani Razeek of Sri Lanka. He was remembered much due to his tremendous services rendered to the fellow citizens during the Tsunami debacle that hit Sri Lanka in 2004, especially in Trincomalee and Amparai areas. In 1990 when the Muslim people were evicted from Jaffna, Mannar and Mulltivu during the civil war, he was there to help these IDPs and made them resettled in Puttalam.
Pattani Razeek went missing on 11th of February in 2010 near a mosque in Polonuwara. His family received several calls from his mobile phone, demanding money in exchange for his release. Then the calls stopped.
Pattani was the Managing Trustee of the Community Trust Fund (CTF) and an Executive Committee Member of the Asian Forum for Human Rights and Development at the time of abduction.
For his son Razeek Rizkhan Mohamed, the ensuing years have been a tedious process of waiting and suffering.
It was quickly established that Pattani, a Human Rights Defender and civil organizer, was abducted and later murdered. Police in Valachchenai in Eastern Province discovered his body and exhumed it on 28th of July 2011. But the investigation has made little progress since.
“After five years of waiting we still have not obtained justice for my father,” Mohamed said.
He added that on February 11th this year, “Today is the anniversary of my father’s disappearance and the next hearing of my father’s case (case no.92264, Polonnaruwa) was fixed for 25th Feb.2015.
“The key suspect, Nowshad has been released on bail, Police made him a crown witness and we have lost all hope of justice,” he said.
The family, as well as former colleagues and fellow activists, have complained of long delays in the courts, impunity, police inaction in the investigation and the release of key suspects in the case, including Shahabdeen Nowshad, who police had initially linked to Razeek through the ransom phone calls to the family.
The Post Mortem report seems to indicate that the delay in exhumation of the body has made it impossible to determine the exact cause of death.
Though only one suspect called,’Mushdeen’is named as an accused and he too had been released on bail on 2nd March 2012,Rizkhan family is in the opinion that police should commit to address the prevailing impunity on investigation of this case due to following reasons.
a) Key suspect, Shahabdeen Nowshad was released on bail on 4th Nov.2011 and made a witness by the Attorney General on April 2012 however he admitted that he and several others met with the victim in Polonnaruwa on the day of his disappearance when travelling in a vehicle belonging to the Resettlement Ministry, then headed by a Muslim Minister at the time. Also police had revealed that the phone which was used to make ransom calls belongs to Nowshad and that Razeek’s mobile sim had been utilized to make ransom calls. It was established that there were several calls to the family demanding of Rs. 20 Million for Razeek’s release. Nowshad had been a close associate to a powerful minister in the previous regime that holds a prominent ministerial post currently. He was the president of the Citizens Committee, an initiative of CTF and therefore he had many contacts with the victim Pattani. Rizkhan family firmly believes that there had been a dispute between Razeek and Nowshad on an alleged transfer of CTF assets to one Nihumath (the former Trustee General of CTF).
b) Police had also identified another suspect, Mohamed Shammi, the driver of the van which has been suspected as having been used for the disappearance of Mr. Razeek. This person had run away to overseas and there had been no credible effort to take him to custody and question him. According to family circles, police only interfered to obtain a court order to arrest him once he arrives from overseas.
c) Police had not interrogated Mr. Irshard, the then Parliamentary Secretary to the powerful Muslim Minister, who stated publicly, in October 2010, that Mr. Razeek was held by the Defense Ministry which was not true.
d) Police do not appear to have question or produced in the courts, the persons traveling in the vehicle with suspect Mushdeen, in which Mr. Razeek was abducted.
e) The ransom callers demanded Rizkhan family to provide details of CTF assets and that the trustees transfer any properties held in their name to the ‘Nujoom Trust’ a trust set up by Mr. Nihamath (the former Trustee General of CTF) in 2009.Upto now the family do not know whether there had been a credible investigation regarding this person.
f) Rizkhan family firmly believe that Mushdeen only a contract killer hired by Nowshad or Nihamath who were connected to CTF.
g)The weakness of police handling and filing the case (case No.B/651/2011)was highlighted by the judge on 6th August 2012 and subsequently the statements from Razeek’s son, Razeek’s wife and employees of CTF were recorded by C.C.D.which resulted in long delays of the trial. This case was later combined to above M/C 92264 Polonnaruwa.
Even the eight-member commission of inquiry(Lessons Learnt and Reconciliation Commission) appointed by President Mahinda Rajapaksa following the end of the civil war concluded in its report that police had failed in their handling of the case. More than 3 years ago, in November 2011, the final report of the Presidential Commission of Inquiry, the Lessons Learnt and Reconciliation Commission (LLRC), dedicated several paragraphs to comment on the case of Pattani Razeek. Its comments on page 162 are under mentioned.
(Paragraph) 5.31 “Among the many disturbing allegations concerning missing persons submitted to the Commission by the general public, especially during its visits to conflict-affected areas, the case of Mr. Razik Pattani in Puttalam, is referred to here on account of the Commission’s own disappointing experience concerning that case. It highlights the deplorable absence of conclusive law enforcement action, despite the Commission itself bringing this case to the attention of the concerned authorities of the area. Mr. Razeek’s body was reportedly discovered while the Commission was writing its report. Timely action could probably have saved this life.”
(Paragraph) 5. 32 “Mr. Razik who had been an official of an NGO providing assistance to the IDPs in Puttalam was abducted allegedly due to the fact that he had questioned the manner in which some of the expenditures have been incurred by the NGO as well as the purchase of some properties under the names of some of its directors. When inquires were made from the relevant Deputy Inspector-General of Police in the area as to why there was a delay in arresting the alleged abductor following a court order, he has reportedly said that the Police was not aware of the suspect’s whereabouts and if the people know where he was, let the police know so that they could arrest him. It was alleged in this regard that the suspect evaded arrest due to his ‘political connections’. If this is established, it must be mentioned that such an attitude would completely erode the public confidence, in particular in the Police, and make the maintenance of law and order much more difficult. The Commission is equally concerned that undue political interference has also contributed to the lapses on the part of the Police.”
Now the past regimes had gone and at least now with the “good governance” of present government in place, let us pray for justice for Pattani Razeek without any undue political interference as suggested in LLRC recommendations on page 162 in their report.
Honorable Minister of Law and Order, Mr. John Amaratunga and Hon. Minister of Justice, Mr. Wijedasa Rajapaksa this is over to you for your immediate attention and action please.
(On behalf of Razeek’s family, his son, Razeek Rizkhan Mohamed provided the data and other related information)
