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‘Freedom Now’ petitions UN on detained poet

09 Sep 2021

By Pamodi Waravita Freedom Now, an international organisation working to end arbitrary detention, has filed a petition with the United Nations (UN) Working Group on Arbitrary Detention on behalf of poet Ahnaf Jazeem, who has now been in detention for over one and a half years under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended (PTA). “Jazeem’s detention is related to the legitimate exercise of his right to freedom of expression, and constitutes a direct violation of his rights under the International Covenant on Civil and Political Rights (ICCPR). Despite being held in detention for over a year, Jazeem has not been officially charged with a crime. The Government, however, has nevertheless detained Jazeem under the PTA for the alleged promotion of Islamist extremism to youth via his poetry anthology Navarasam (Nine Emotions), and his teaching activities,” the petition stated. Freedom Now has said that Jazeem’s detention is arbitrary for a number of reasons, including the fact that he was detained without sufficient legal justification, that his detention was a result of and amounted to reprisal over the legitimate exercise of his rights to the freedoms of thought, conscience, religion, and expression, that his arrest, detention and prosecution failed to meet due process, and that it was a result of discrimination against Jazeem. Furthermore, the petition has highlighted that the PTA has been used to target and oppress ethnic minority communities and “has resulted in the detention of countless members of the Muslim minority community.” “Interviews conducted by human rights organisations found that torture and excessive use of force by the Police, particularly to extract confessions pertaining to the PTA, remained endemic. Under the PTA, detainees may be held for up to 18 months without being produced before a judge. In practice, the authorities have held prisoners for as long as 10 years,” the petition claimed. Earlier this year, the European Union (EU) Parliament also called on the Government of Sri Lanka (GoSL) to repeal the PTA, and the EU Commission to consider the temporary withdrawal of the Generalised Scheme of Preferences Plus (GSP+) trade concession from Sri Lanka if it is not done. Similarly, the United Nations Human Rights Council (UNHRC) has also expressed concern about religious minorities in Sri Lanka. Commenting on Jazeem’s alleged inhumane conditions of detention in prison, Freedom Now has explained in the petition that for the first two weeks of his detention on the second floor of the Terrorism Investigation Division’s (TID) New Secretariat Building in Colombo, Jazeem was permanently handcuffed to a chair, and later, handcuffed to a table while sleeping. “Jazeem has been unable to speak or interact with family members for long periods of time throughout his detention. When he is provided the opportunity to speak with his family over the phone, at least one Tamil-speaking officer listens to the conversation. Officers attempted to use access to his family in order to coerce a confession from Jazeem. On 20 February 2021, officers asked Jazeem’s father to visit the prison to ‘record a statement’. As far as we know, no statement was recorded. However, officers attempted to compel Jazeem to make an incriminating admission. Officers attempted to coerce this confession by informing the father that the only way Jazeem could be released is by making a self incriminating confession, thereby becoming a ‘State witness’.” Jazeem was arrested in connection to his Tamil language poetry anthology, titled Navarasam, which the authorities have alleged as promoting “extremist” ideology. However, various sections of society have since questioned these allegations, pointing out that translations of his work show the exact opposite, where his poems are explicitly against war and violence. A number of local and international organisations, including Amnesty International, have condemned this arbitrary arrest and called for the poet’s immediate release.  

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