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Human rights defender Pongiliya Gamage Shehan Malaka facing reprisals and legal persecution

Status: 
Judicial Harassment
About the situation

On 14 February 2022, human rights defender Pongiliya Gamage Shehan Malaka was arrested by Criminal Investigation Department officers for “exciting or attempting to excite feelings of disaffection to the State” under Section 120 of the Penal Code of Sri Lanka. The human rights defender was released on bail the following day, 15 February 2022, by the Maligakanda Magistrate Court, but the case against him continues. The human rights defender has faced repeated threats due to his campaign for seeking justice and accountability for the Easter Sunday bomb attacks in Sri Lanka in April 2019.

About Shehan

Pongiliya Gamage Shehan Malaka is a human rights defender, youth activist and vocal campaigner seeking justice and accountability for the Easter Sunday bomb, which killed nearly 269 persons and injured more than 500 people, including the human rights defender’s relatives and close friends. Pongiliya Gamage Shehan Malaka has called for effective and transparent investigations, and supported campaigns by the Catholic Church in Sri Lanka requesting those accountable  to be brought to justice. Pongiliya Gamage Shehan Malaka is the founder of the youth groups Soul Mate, Freedom Hub and Radical Middle Path, which focus on encouraging democratic values, political literacy, critical thinking and address cyber-abuse among Sri Lankan youth.

21 February 2022
Human rights defender Pongiliya Gamage Shehan Malaka facing reprisals and legal persecution

On 14 February 2022, human rights defender Pongiliya Gamage Shehan Malaka was arrested by Criminal Investigation Department officers for “exciting or attempting to excite feelings of disaffection to the State” under Section 120 of the Penal Code of Sri Lanka. The human rights defender was released on bail the following day, 15 February 2022, by the Maligakanda Magistrate Court, but the case against him continues. The human rights defender has faced repeated threats due to his campaign for seeking justice and accountability for the Easter Sunday bomb attacks in Sri Lanka in April 2019.

Pongiliya Gamage Shehan Malaka is a human rights defender, youth activist and vocal campaigner seeking justice and accountability for the Easter Sunday bomb, which killed nearly 269 persons and injured more than 500 people, including the human rights defender’s relatives and close friends. Pongiliya Gamage Shehan Malaka has called for effective and transparent investigations, and supported campaigns by the Catholic Church in Sri Lanka requesting those accountable  to be brought to justice. Pongiliya Gamage Shehan Malaka is the founder of the youth groups Soul Mate, Freedom Hub and Radical Middle Path, which focus on encouraging democratic values, political literacy, critical thinking and address cyber-abuse among Sri Lankan youth.

On 14 February 2022, the human rights defender was arrested by Criminal Investigation Department (CID) officers, when he was traveling on a public road in Panadura, a city in the Western Province of Sri Lanka. He was stopped and threatened by men in civilian clothes traveling in a white van. White vans have been used in the past in cases of abduction or attack against human rights defenders and other persons.  Fearing for his life, the human rights defender attempted to escape, but was surrounded and arrested by the men who later identified themselves as officers from the CID. No reasons were given for his arrest at the time. The CID confirmed his arrest and his charges under Section 120 of the Penal Code. This provision is vague, broad and widely used  against those critical of the government and its policies.

Pongiliya Gamage Shehan Malaka has been threatened in the past due to his vocal criticism against the state investigations into the Easter attacks. In November 2019, following a press conference by the human rights defender in which he stated that there was an ‘invisible hand’ behind the Easter bombings, two unidentified men visited the Catholic church where he was living and questioned the parish priest about him.

In August 2021, after organising another press conference to call for justice for the Easter attacks,  the human rights defender was summoned to the CID for questioning. He was interrogated for eight days between 25 August and 2 September 2021. He was also subjected to physical surveillance, malicious misinformation campaigns on social media and threats.

Front Line Defenders believes that the threats against Pongiliya Gamage Shehan Malaka are directly linked to his human rights work and are an attempt to silence and punish the human rights defender for his campaign for justice. Front Line Defenders also believes that the case pending against Pongiliya Gamage Shehan Malaka must be dismissed immediately. It calls on Sri Lankan authorities to stop all harassment against him and ensure his safety and protection in Sri Lanka. All human rights defenders must be assured an enabling and safe environment free from reprisal and persecution, in compliance with Sri Lanka’s national and international obligations.