Based on information provided by one of the arrested suspects, Mr. Ismail Mohamed Musdeen, the body that is believed to be Razeek's was exhumed today morning, in Kavathamunai, Oddamavadi, Valachenai (Eastern Sri Lanka). Police had been in the area since Monday, 25th July.
Kavathumunai is the village of Musdeen. Musdeen is believed to be a close associate of former Minister Ameer Ali, and having close links with present Minister Rishard Bathiudeen and Mr. Shahabeen Noushadh, the person identified by the Police as the chief suspect about a year ago, and finally arrested on 8th July 2011. Noushadh remains in Police custody two date. According to available information, Musdeen was arrested on 13th July 2011.Musdeen's wife is reported to have approached Minister Bathiudeen to obtain Musdeen's release, but is reported to have said that he doesn't want to get involved.
The body was not in state that we could identify. Razeek's son tentatively identified the body. Subsequently, the body was sent to Batticaloa hospital,where it will be kept until the post mortem is expected to be conducted Tuesday, 2nd August 2011, after which the remains would be released to the family.
Yesterday, 27th July 2011, at a Puttalam Magistrate Court hearing held on 27th July 2011, the case was postponed to 17th January 2012.
On 18th July 2011, the family, Mosque Committee in Puttalam, Christian Clergy, lawyers and civil society leaders met the Chairman and Commissioners of the National Human Rights Commission to expedite the case, arrest other suspects, investigate leads, and to keep the family informed of all developments. On 25th July 2011, an inquiry was held at the Human Rights Commission, where the Inquiry Officer indicated that a suspect had told that Razeek had been killed and body buried in Oddamavadi area, and that Police is following up the lead to exhume the body. No further date was given for the inquiry at the Human Rights Commission.
Here is the full report in details:
Disappearance of Mr. Pattani Razeek on 11th February 2010
Update – 16th July 2011
Who is Pattani Razeek?
Mr. Razeek is a well known human rights defender in Sri Lanka and Asia. At the time of his disappearance, Mr. Razeek was the Managing Trustee of the Community Trust Fund (CTF) (www.ctfsrilanka.org) and was an Executive Committee Member of the Asian Forum for Human Rights and Development (FORUM-ASIA) (www.forum-asia.org). Mr. Razeek had also served as a Grama Seweka (Village Government Official) in the Puttalam district.
Personal details:
Full Name: Pattani Razeek
Date of birth: 08th January 1955
Nationality: Sri Lankan
National Identity Card no. 550082632V
Address of usual residence: No. 70, Sameeragama, Kottantivu, Puttalam, Sri Lanka
Description of Disappearance:
Mr. Razeek was last seen near the Jumma Mosque in Kaduruwela, Polonnaruwa (a town in the North‐Central Province of Sri Lanka) at around 3.30 pm on 11th February 2010. Mr. Razeek was travelling with CTF field staff, when he met a group of people in a van parked behind the Jumma Mosque in Polonnaruwa. Mr. Razeek approached the group and exchanged greetings in Arabic, indicating that they were Muslim. Mr. Razeek subsequently got into the van, with the group, having told his colleagues that he would be travelling to the Eastern town of Valaichchenai and that he would return to Polonnaruwa the following day. Mr. Razeek has not been seen or heard from since.
Calls to Mr. Razeek’s Family, Trustees and Friends
Shortly after Mr. Razeeks’ disappearance, his family and CTF trustees began to receive repeated calls from the abductors using Mr. Razeek’s mobile phone number. The abductors ordered CTF to continue paying Mr. Razeek’s phone bill if they wished to maintain contact with him. Between February and June 2010 the family and trustees received daily calls demanding; that Rs.20 million be paid as pocket money to the abductors; that CTF be closed down immediately; that the family 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.
In March, Rifana, a former CTF employee and close associate of Mr. Razeek, received a call demanding that CTF be asked to pay Rs. 1 million as pocket money to the abductors. Rifana filed a complaint regarding the call with the Puttalam police. The abductors also diverted calls made to Mr. Razeek’s phone from 18th – 24th February 2010 to Rifana’s phone number.
CTF and the family agreed to pay the abductors provided they were allowed to speak to or see Mr. Razeek. On 3rd April 2010, the family was asked to collect a parcel by the abductors. The parcel which was collected on April 4 from the Gunasinghapura Mosque in Colombo, contained Mr. Razeek’s spectacles, keys, watch, driving license, Grama Seveka identity card, bike license and insurance. These items were sent as proof that Mr. Razeek was being held by the abductors. On 5th April 2010, Mr. Razeek’s phone number was disconnected due to non-payment of the bill by CTF. On April 11, the family was asked to collect a parcel from the Wattala Mosque, which contained 2 SIM cards. The family was asked to keep one SIM to communicate with the abductors. The second SIM was to be given to former Trustee of CTF, Mr. Nihamath, who refused to accept it stating that he did not wish to be involved with CTF or Razeek’s disappearance.
The calls temporarily ceased between June and August 2010. On around August 15, the family began to receive calls demanding a ransom of Rs.10 million for Mr. Razeek’s release. On September 6 2010, the family agreed to pay the ransom but asked that to see or speak to Mr. Razeek before the money was paid. From September 6, the calls to Mr. Razeek’s family, friends and CTF trustees abruptly ceased.
Police Inquiry and Court Proceedings
Mr. Razeek’s family lodged complaints with the Police in Mundalama (place of Mr. Razeek’s residence) on February 13, 2010 (no.CIB 02 33/175). CTF lodged complaints with the police in Polonnaruwa on February 14, 2010 (no.MOIB 113/313) and in Puttalam on February 15, 2010 (no.CIB 01 389/187). On February 16 2010, the police filed a case bearing no BR177/10/P in the Puttalam Magistrate Court.
Since the initial complaint, Mr. Razeek’s family has filed several further complaints and statements to the Mundalama, Pollonnaruwa and Puttalam police, regarding Mr. Razeek’s disappearance and the ransom calls and threats made against the family.
A lice B report submitted to the Puttalam Magistrates Court in 2010, believed to be May-July 2010 has identified Mr. Shahabdeen Nowshaadh, a former CTF employee, as the chief suspect in Mr. Razeek’s disappearance. The police have evidence linking Nowshaadh with Mr. Razeek’s disappearance including calls made to Mr. Razeek’s family, on Mr. Razeeks mobile phone number, after his disappearance. The police traced these calls, through the phone EMEI number to a phone registered to Nowshaadh. In his anticipatory bail application, Nowshaadh admits to meeting Mr. Razeek on 11th February 2010 and to being in the same area (Polonnaruwa) at the time that Mr. Razeek disappeared.
Nowshaadh filed an anticipatory bail application to the Puttalam Magistrates Court on June 15 2010. The court rejected his application on June 23 2010. Nowshaadh filed a revision petition in the Puttalam High Court on 20th October 2010, challenging the decision of the Magistrate denying him anticipatory bail. This case bearing no.HCR 08/10 has dragged before the High Court since then. . At the last hearing on July 6, the Court granted further time to Nowshaadh’s lawyers to file written submissions. The next hearing of the High Court case is scheduled for July 28 and the police case before the Magistrates Court will be heard on July 27 2011.
Following protests by Mr. Razeek’s family and community leaders in Puttalam, the investigation into Mr. Razeek’s case was transferred from the Puttalam police to the Crime Branch in Colombo (CCD) on 11th December 2010.
On 7th June 2011, Mr. Razeek’s son, Riskhan, received a letter from the Presidential Secretariat informing him that the investigation into Mr. Razeek’s disappearance has been handed over to the Inspector General of Police. On 14th June 2011 Mr. Riskhan and his relative, Mr. Umar Jaufer, were summoned to the Criminal Investigation Department (CID) in Colombo for inquiry. They were informed that the CID would conduct a fresh investigation into the case and that no person would be arrested or any action taken, until the investigation was complete. The family was not given a timeline for the inquiry, which they were told could take up to a year.
On 8th July 2011, Nowshaadh was arrested by the CCD in Killinochchi regarding his involvement in Mr. Razeek’s disappearance. For over a year, the police made no move to apprehend or question Nowshaadh. Mr. Razeek’s family and community leaders believe that the lack of a credible investigation and the failure to arrest Nowshaadh was due to his close association with a powerful Government Minister who has protected and prevented his arrest. In his anticipatory bail application to the Magistrate Court, Nowshaadh claimed to be closely associated with Industries and Commerce Minister, Rishad Bathiudeen. Nowshaadh stated, in his affidavit to Court, that his arrest would cause irreparable harm to the Ministers’ reputation and work. At the High Court, Nowshaadh is represented by Mr. Saheed, General Secretary to the All Ceylon Muslim Congress (ACMC) of which Minister Bathiudeen is the President. The police version that they were unable to locate Nowshaadh lacked credibility since he had been seen publicly, with Minister Bathiudeen on several occasions.
Threats against the Family, CTF Trustees, Friends and the Mosque Committee
Mr. Razeek’s family and those campaigning for justice in his case have been threatened and harassed on several occasions. Mr. Razeek’s son, Riskhan and his son-in-law Azam received threatening calls in May 2010. On May 15 the abductors threatened Azam’s mother that he would be killed if he did not agree to the abductors demands. A police complaint regarding the threats was filed with the Mundalama police on May 16. In May, CTF Trustee Mr. Nafeel was threatened that he would be shot dead in Puttalam if he continued to campaign in Mr. Razeek’s case.
In October 2010, Mowlavi Abdullah, a member of the Mosque Committee, was threatened by Mr. Saheed, Nowshaadh’s lawyer in the anticipatory bail case and Secretary of the ACMC, that he would report Mowlavi Abdullah to the Defence Secretary Mr. Gotabhaya Rajapakse and that he will be shot dead in Puttalam if he continued to intervene in Mr. Razeek’s case.
Rifana, civil society member and former CTF employee was received threats in February 2010 that she would suffer the same fate as Razeek if she did not provide information on CTF assets and her relationship with Razeek. In July 2010 the abductors threatened to harm Rifana’s son if she did not comply with their demands.
From 24th June 2011, Mr. Razeek’s family and the Mosque Committee conducted a signature campaign and distributed handbills to mark 500 days since Mr. Razeek’s disappearance. Members of the Mosque Committee have received threats and been accused of misusing Mosque property for the campaign. On 25th June 2011an event organized by the Northern Muslim community, and which Minister Bathiudeeen was due to attend, was cancelled due to protests by the Mosque Committee. Following this incident, Mr. Ajmail, Secretary to the Mosque Committee was summoned by Minister Bathiudeen on 27th June 2011.
On 3rd July 2011, at around 10.56 pm, Mr. Ajmail received a missed call on his mobile phone from no. +94729122269. At around 11 pm he received a message from the same number threatening to destroy him if he continued to campaign for Razeek’s case. Mr. Ajmail filed a complaint with the Puttalam police on 4th July 2011. He received several more missed calls from the same number on 5th July 2011.
The Mosque Committee also received letters from Irshaad, Mr. Bathiudeens’ parliamentary secretary and the organizer of the event that was cancelled on 25th June 2011. Irshaad in his letter dated 1st July 2011, accused the Mosque Committee of defaming Minister Bathiudeen and of misusing Mosque resources for Mr. Razeek’s campaign.
Action taken by Family and Concerned Individuals and Groups
On 15th February 2010, Mr. Razeek’s family submitted a complaint to the National Human Rights Commission (NHRC) regarding Mr. Razeek’s disappearance. The complaint was recorded under case no HRC/619/10. Mr. Razeek’s son made a statement to the NHRC in Colombo on 17th March 2010. Over a year later, on 4th July 2011 Riskhan was summoned to an inquiry at the NHRC. The next hearing with officers from the CCD and CID is scheduled for 26th July 2011.
Following Mr. Razeek’s disappearance, several misleading e-mails and communications were sent to the donors and other international organizations connected to CTF as a result of which civil society groups at the national and international level did not campaign actively on Mr. Razeek’s case for over 8 months following his disappearance. Mr. Razeek’s family was supported by the Puttalam Grand Mosque and the Puttalam District organization of Muslim Theologians. The Mosque Committee organized discussions with the Divisional Secretary of Puttalam, lawyers, religious leaders, civil society groups, CTF trustees, local politicians, the Puttalam police and Mustafa Nihamath, founding member and former Trustee General of CTF and currently employed by the World Food Program (WFP) Sri Lanka. The Mosque Committee also held discussions with Nowshaadh’s family and the internally displaced persons (IDP) community of Mannar on the request of Minister Bathiudeen.
On 26th October 2010, the Mosque Committee, in Puttalam submitted appeals to the Attorney General, Inspector General of Police (IGP), Secretary to the Ministry of Defense and the Presidential Secretariat regarding the lack of any investigation into Mr. Razeek’s case. The letter from the Presidential Secretariat on 7th June 2011 is believed to be in response to the complaint submitted in October last year.
25th June 2011 marked 500 days since Mr. Razeeks’ disappearance. In the 17 months following Mr. Razeek’s disappearance, several protests, and poster campaigns have been held by community leaders and civil society organizations in Mr. Razeek’s hometown and in the Puttalam District. The campaign for justice in this case has been sustained despite attempts to threaten, intimidate and silence Mr. Razeek’s family and individual and groups organizing or participating in such events. On 24th June 2011 the Mosque Committee and family organized a signature campaign in Puttalam and distributed handbills appealing to Minister Bathiudeen and the police to surrender Nowshaadh and find Mr. Razeek.
Internationally, appeals relating to Mr. Razeek’s disappearance and the lack of any credible investigation by the local police have been made by several international human rights groups, including at the sessions of the UN Human Rights Council in Geneva. Formal complaints have also been lodged with the UN Special Rapporteur on Human Rights Defenders and the UN Working Group on Enforced and Involuntary Disappearances.
State Response:
For over a year, the State failed to respond effectively to Mr. Razeek’s disappearance. On 13th October 2010, at a meeting at Puttalam Zahira Primary School, the Parliamentary Secretary to Minister Bathiudeen, Mr. S. R. M. Irshad, made a public statement, accusing Mr. Razeek of being an intermediary through whom funds were transferred from the CIA to the LTTE during the war. He also announced that Mr. Razeek was being held in the custody of the Ministry of Defense. To our knowledge there has been no move to question or investigate Irshaad regarding his statement.
The media supportive to the state, have also published misinformation regarding the case including an article in the Lankadeepa, a Sinhala newspaper, on 2nd July 2010, which quoted police sources as saying that Mr. Razeek had been kidnapped by an extremist Muslim group.
In November 2010, Minister Bathiudeen speaking at a public meeting organized by the Mosque Committee, promised to write to the IGP asking for action to be taken in Mr. Razeek’s case. The Minister also said that if the IGP failed to act within 2 weeks, he would take the matter up with the Defence Secretary. Minister Bathiudeen submitted a letter to the IGP on November 12, calling for the inquiry to be conducted and Nowshaadh to be apprehended and questioned. However no action has been taken following this letter, until the recent arrest of Nowshaadh on 8th July 2011. In June 2011, Minister Bathiudeen told Mr. Ajmail, Secretary to the Mosque Committee that he would arrange a meeting with the Defence Ministry to discuss the Razeek case if the Mosque Committee wanted it.
The police and NHRC in particular failed to act on the several complaints made by Mr. Razeek’s family and the Mosque Committee calling for a credible impartial inquiry. From June 2011, some action has been taken in Mr. Razeek’s case. The NHRC inquiry appears to have been re-commenced and Nowshaadh has been arrested by the CCD on 8th July 2011. It is hoped that these developments lead to a positive outcome in finding Mr. Razeek and providing redress to his family.
Other responses:
Several leaflets were distributed among local residents in Puttalam, accusing Mr. Razeek of being a CIA agent and a womanizer who was having an affair with a female trustee of CTF. One leaflet, appealed to Minister Bathiutheen to intervene and punish CTF trustees for their involvement with Mr. Razeek.
Takeover of CTF management by the Ministry of Defense:
On 9th June 2011, CTF received a fax copy of a letter by the Defence Ministry appointing the Chairman of an Interim Board of Management which will take over the management of CTF for a period of two years or until the completion of an inquiry by an Investigation Board appointed by the Defence Ministry. CTF received no other communication regarding the takeover and there is no clear indication of the basis or grounds for such action against the organization. Although CTF asked time till 20th June to comply with the request to handover documents, records etc., the Interim Board went to CTF on 16th June 2011. The day to day management of CTF, including the disbursement of funds for projects and staff, travel of staff out of the office etc. is strictly controlled by the Interim Board which includes a senior military officer and two government officials.
The NGO Secretariat initiated an inquiry into CTF in December 2010. The Inquiry Board comprising of Mr. D.W. Abeywickrema, M. Meththapala and Mr. T.G. Ariyadasa conducted two hearings with CTF trustees and directors on 6th and 14th December 2010. CTF trustees, Mr. Firdhaous and Ms. Jensila Majeed, CTF Executive Director, Mr. Fawas and CTF Program Director, Mr. Suhuri were present at the inquiry. Minutes of the Inquiry Board state that the inquiry was based on a petition submitted by Minister Rishad Bathiudeen and Mr. Hunais Farook M.P. to the NGO Secretariat on 12th November 2010 alleging several points of mismanagement against CTF. Several of the issues raised at the inquiry related to Mr. Razeek’s disappearance and the actions of CTF directors and trustees in the aftermath.
On 27th December 2010 CTF submitted an official letter to the NGO Secretariat, objecting to the manner in which the inquiry was conducted and asked that Minister Bathiudeen and former Trustee General Mr. M. Nihmath be present at the inquiry. CTF did not receive a response to this letter.
On 22nd February 2011 a meeting was held at the Temple Trees between Mr. Douglas Nanayakkara, Director of the NGO Secretariat and CTF Trustees Mr. Riskhan, Mr. Firdhaous and Mr. Rafeek and the CTF Executive Director, Program Director and Finance Director. The meeting was organized by Mr. Nimal Weerasekara, private secretary to Mr. Namal Rajapakse M.P. (son of president). At the meeting it was agreed that CTF would continue to function as usual within the ambit of the program plan given to the NGO Secretariat. With regard to the CTF inquiry, Mr. Nanayakkara told the trustees and directors present that the matter had been taken up at the highest level and that CTF would be informed of the final decision. CTF has had no further contact with the NGO Secretariat until the letter from the Defence Ministry on 9th June 2011.
 With great sadness, we share that this morning, the police exhumed the remains of the body suspected ...){kind=link}
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