In a letter to President Maithripala Sirisena, 257 citizen activists and civil organizations have expressed strong sentiments against President Maithripala Sirisena's alleged move to release Galagodaththe Gnanasara Thera on Presidential pardon. 

"Gnanasara thero is presently incarcerated after being convicted by two different courts for separate offences of contempt of court and criminally intimidating Sandya Ekneligoda, a woman human rights defender and wife of a disappeared journalist and cartoonist Prageeth Ekneligoda. His absolute lack of respect for the judiciary is evident from his conduct. In this, his vitriolic display of hate towards Sandya Eknaligoda, in the vicinity of the Magistrate’s Court when she was attending hearings into the disappearance Prageeth Eknaligoda. His lack of remorse has also been specifically commented on by the President of the Court of Appeal in his judgement," the lettter says. 

The full text of the letter and its signatories are as follows,

"We, the undersigned civil society organisations and individuals are increasingly concerned by reports that Galagoda Aththe Gnanasara thero (hereinafter Gnanasara thero) may be granted a presidential pardon in view of Independence Day celebrations on 4th of February 2019 on the request of a few powerful politicians and religious leaders. Presidential pardons must be granted on objective criteria, including the remorse shown by the convict, the time already served, the circumstance of the case and the crime that has been committed. Without objective criteria, the use of the Presidential pardon to release convicts could seriously undermine the independence of the judiciary and rule of law in the country.

Gnanasara thero is presently incarcerated after being convicted by two different courts for separate offences of contempt of court and criminally intimidating Sandya Ekneligoda, a woman human rights defender and wife of a disappeared journalist and cartoonist Prageeth Ekneligoda. His absolute lack of respect for the judiciary is evident from his conduct. In this, his vitriolic display of hate towards Sandya Eknaligoda, in the vicinity of the Magistrate’s Court when she was attending hearings into the disappearance Prageeth Eknaligoda. His lack of remorse has also been specifically commented on by the President of the Court of Appeal in his 56-page judgment.

Background of the Perpetrator

We note that Gnanasara thero has a history of having incited violence against religious minorities in the past, leading to death, to destruction of private and public property, and inciting hate against religious minorities. He was involved in inciting hate in Aluthgama in 2014, resulting in attacks against Muslims by Sinhala Buddhists in the area and the killing of four persons. To-date, the involvement of Gnanasara thero in the incitement to hate in Aluthgama has not been investigated, or prosecuted. He has yet to be charged, investigated or prosecuted for his direct involvement in any of these violent incidents. Further, in relation to the number of pending court cases against him, i.e. intimidation and harassment of Ven. Watareka Vijitha thero, we fear that they will be undermined if he is released.

There are also reports of his direct involvement in other incidents of violence against Muslims and Christians. It is also pertinent to note that he is presently incarcerated not for his involvement in hate-speech and inciting violence against religious minorities. A pardon now may also make investigations, prosecution and conviction of him more difficult for some of the violence he is alleged to have been involved in and incited.

Serious blow to the Rule of Law

If a Presidential Pardon is given to Gnanasara thero when he is convicted of contempt of court, it would seriously undermine the rule of law, independence of the judiciary and administration of justice. It will also make victims and witnesses further vulnerable to similar intimidation in the future. It would illustrate the lack of commitment and political will to guarantee equality and inter-religious harmony in Sri Lanka.

In light of the above we are concerned that any move to provide a Presidential Pardon to Gnanasara thero would result in immunity to similar hard-line individuals and groups, to act above the law and to blatantly intimidate and threaten victims and witnesses in cases involving human rights abuses and even act in contempt of court. We further condemn the submissions for his pardon made by a few members of parliament, religious leaders and others who had advocated for his release. Their submission is in direct contradiction with the rule of law and independence of the judiciary, and may contribute to a threat to freedom of expression and freedom of religion of religious and ethnic minorities. If Gnanasara thero is released on Independence Day, it would indicate that the Government supports a culture of impunity for those who engage in the type of human rights violations that Gnanasara thero has been involved in.

In light of this, we the undersigned urge President Maithripala Sirisena to;

(a) Guarantee that Gnanasara thero will not be released on 4th of February 2019, and any plans to do so are immediately terminated;

(b) Direct all agencies involved to expedite investigations into the alleged crimes committed by Gnanasara thero including in Aluthgama 2014 and prosecute him before ordinary courts with all guarantees of fair trial and without recourse to the death penalty."

Signatories; Individuals

1. Abdul Ramees

2. Ajita Kadirgamar

3. Amalini De Sayrah

4. Ameena Hussein

5. Ameer Faaiz

6. Anberiya Hanifa – Activist

7. Aneesa Kathankudi – President, Islamic Women's Association for Research and Empowerment

8. Angelica Chandrasekaran

9. Anithra Varia

10. Annouchka Wijesinghe

11. Anthony Jesudasan

12. Anuradha Rajaretnam

13. Anushaya Collure

14. Aruna Shantha Nonis

15. Ash Rizvi

16. B. Gowthaman

17. Bhavani Fonseka

18. Buhary Mohamed - Human Rights Activist

19. C. Perera

20. C. Ranitha Gnanarajah – Attorney-at-Law

21. Chandra Jayaratne

22. Chandraguptha Thenuwara

23. Chandrika De Silva

24. Channaka Jayasinghe

25. Charith De Silva

26. Chulani Kodikara

27. Damith Chandimal

28. Deanne Uyangoda

29. Deborah Philip

30. Deekshya Illangasinghe

31. Denver Mark Peterson

32. Deshamanya Godfrey Yogarajah - CEO, Alliance Development Trust

33. Devaka Weerasinghe - University Student

34. Dileni Gunewardena - University of Peradeniya

35. Dinushika Dissanayake

36. Dorin Rajani

37. Dr. A.C. Visvalingam - Retired Engineering Consultant

38. Dr. Ameer Ali

39. Dr. Arjuna Parakrama

40. Dr. L. Solomons - Language Matters

41. Dr. Mareena Reffai

42. Dr. Paikiasothy Saravanamuttu

43. Dr. Ranil D. Guneratne

44. Dr. Sepali Kottegoda

45. Dr. Wijaya Jayatilaka - Kandy

46. Emil van der Poorten - A supporter of Human Rights

47. Evangeline Shanthini Ekanayake

48. F. Raajan

49. F. Zackariya

50. Fabian Ananthamoorthy

51. Fahad Farook

52. Farah Mihlar

53. Fawzil Amir

54. Fazal Izzadeen

55. Florine Marzook - Independent Researcher

56. Gamini Ruberu

57. Ganga Wijesingha

58. Gayathri Gamage

59. Geoffrey Alagaratnam – President’s Counsel & past President, Bar Association of Sri Lanka

60. Godfrey Malarnesan

61. Harini Amarasuriya - Open University of Sri Lanka

62. Harshini Ranasinghe

63. Hasanah Cegu Isadeen

64. Hemamali Wijesinghe

65. Herman Kumara

66. Himani Wijemanne

67. Hyshyama Hamin

68. Ian Ferdinands

69. Iffath Shibly - Muslim Women's Research and Action Forum

70. Imran Rajabdeen

71. Imtiaz Muhsin

72. Indika Ruwan

73. Indrakanthi Perera

74. Ishara Danasekara

75. Isuru Perera

76. J. Tariq Mahmud – Banker

77. Jake Oorloff

78. Jansila Majeed - Women's Rights Activist

79. Jayantha Dhanapala - Retired Ambassador and former UN Under-Secretary-General

80. Jayanthi Kuru-Utumpala

81. Jehanki Anandha

82. Jiffry Pakeermohideen

83. Joanne Senn

84. Joseph Jeevanantham

85. Jovanka Jayaweera

86. Judith Dharmaratne

87. Juwairiya Mohideen - Women's Rights Activist

88. K. Aingkaran - Attorney-at-Law

89. K. Hemalatha

90. K. Nihal Ahamed

91. K.N. Abeygunawardana - Independent Consultant

92. K.P. Somalatha

93. Kalani Subasinghe

94. Kamani Jinadasa - Women's Rights Activist

95. Kaushalya Herath

96. Kimaya De Silva

97. Kumudini Samuel

98. Kushlani Lane

99. Lakmali Hemachandra

100. Lakshman Gunasekara – Journalist

101. Lucille Abeykoon

102. M.I.S. Marikar

103. M.I.T. Aathifa - Muslim Women's Research and Action Forum

104. M.T.R. Akbar

105. Mahalaxumy Kurushanthan - Women's Rights Activist

106. Mahendran Thiruvarangan - University of Jaffna

107. Mahesh Senaratne

108. Mario de Soyza

109. Mario Gomez

110. Marisa de Silva

111. Mark Susan

112. Mazeena Faiz

113. Megara Tegal

114. Milhan Ikram Mohamed - Attorney-at-Law

115. Modestus de Silva

116. Mohamed Anifa

117. Mohamed Othman

118. Mohamed Suhood - Accountant

119. Mohan Nagarajah

120. Mujeebur Rahman (LLB)

121. Munza Mushtaq

122. Naina Mohamed Saroor

123. Natasha Fernandopulle

124. Nihal de Silva

125. Nilkanta Fernandopulle - Sri Lanka Counsellors and Complementary Therapists

126. Nilshan Fonseka

127. Nissanka Rajapaksa

128. Nuradh Joseph

129. P. Selvaratnam

130. P.N. Singham

131. Paba Deshapriya

132. Padma Pushpakanthi

133. Prashanthi Mahindaratne – Attorney-at-Law

134. Prema Gamage

135. Priyanthie de Silva

136. Prof. Camena Guneratne – Open University of Sri Lanka

137. Prof. Jayantha Seneviratne

138. Prof. Kumar David

139. Prof. Maithree Wickremesinghe

140. Prof. Qadri Ismail

141. Prof. S. Ratnajeevan H. Hoole - Member, Election Commission

142. Prof. Sitralega Maunaguru - Batticaloa

143. Raisa Wickrematunge

144. Rajany Chandrasegaram

145. Ranmalie Fernando

146. Rehab Mahamoor

147. Rev. Fr. Jeyabalan Croos

148. Rev. Fr. M. Sathivel - Orumee Up-country Civil Society Forum & Co-ordinator, Up- country Social Research Centre

149. Rev. Fr. Nandana Manatunga

150. Rev. Fr. Reid S. Fernando (Retired)

151. Rev. Fr. Sarath Iddamalgoda

152. Rev. Fr. V. Yogeswaran

153. Rev. Sr. Christine

154. Rev. Sr. Ethel Fernando HF

155. Rev. Sr. Helen Fernando HF

156. Rev. Sr. Jeyam

157. Rev. Sr. Mala Fernando, Superior HF

158. Rev. Sr. Naali Janzs HF

159. Rev. Sr. Nichola

160. Rev. Sr. Rasika Pieris HF

161. Rev. Sr. Sylvia

162. Rio Ziegelaar

163. Rita De Silva

164. Rohan Abeyratne

165. Rohini Hensman - (Writer and Researcher)

166. Roshaan Hettiaratchi - Attorney-at-Law

167. Roshan Dharmaratne

168. Roshan Mendis

169. Roshini Atukorala - Women's Rights Activist

170. Rosmarina Fernando

171. Ruki Fernando

172. Rumala Morel - University Lecturer

173. Ruvan Weerasinghe - University of Colombo

174. Ruvin de Silva

175. Ruwanthie de Chickera

176. S. Easwary

177. S. Ithayarani – Women’s Action Network (WAN) member, Trincomalee

178. S. Nirmaladevi

179. S. Niventhini

180. S. Tharshan

181. Saadiqa Fauz

182. Sabra Zahid

183. Sakuntala Mohini Sachithanandan

184. Sakuntala Kadirgamar

185. Sampath Samarakoon

186. Sandun Thudugala

187. Sandya Priyangani Ekneligoda

188. Sanjana Hattotuwa

189. Sanjayan Rajasingham

190. Sanjeev Visvanathan

191. Sarah Arumugam

192. Sarala Emmanuel - Batticaloa

193. Selvaraja Rajasegar

194. Senel Wanniarachchi

195. Shalomi Daniel

196. Sham Nawaz

197. Sharmila Seyyid - Chairwomen, Mantra Life

198. Shehan De Alwis

199. Sheila Richards

200. Shenali De Silva

201. Shirani Ratnaweera

202. Shivantha Rathnayake

203. Shiyan Jayaweera

204. Shreen Saroor

205. Siraj Cader

206. Sirimal Peiris

207. Sithy Fahima Rizvan Sahabdeen

208. Srinath Perera - General Secretary, Free Trade Union Centre

209. Subathra Yogasingham

210. Subha Wijesiriwardena - Women and Media Collective (WMC)

211. Suchith Abeyewickreme

212. Sunanda Deshapriya

213. Sunel Dias

214. Suren D. Perera

215. T. Mathuri – Attorney-at-Law

216. Thassim Junkeer

217. Thushari Madahapola

218. Thyagi Ruwanpathirana

219. Udaya Kalupathirana

220. V. Shamini

221. V. Sinthuka

222. V. Thayalini

223. Vanie Simon - Women's Rights Activist

224. Varuna Mallawarachchi - Attorney-at-Law

225. Venuri Perera

226. Vimukthi de Silva

227. Vraie Cally Balthazaar

228. Waradas Thiyagaraja – University of Colombo

229. Yajna Sanguhan

230. Yamini Ravindran - Attorney-at-Law

231. Yoga Selliah

232. Zahabia A. Adamaly

233. Zainab Ibrahim

Organisations

234. Affected Women's Forum (AWF), Ampara

235. Centre for Justice and Change (CJC), Trincomalee

236. Centre for Policy Alternatives (CPA)

237. Families Relief Sri Lanka Trust

238. Hashtag Generation

239. Human Elevation Organization (HEO)

240. Human Rights Office (HRO), Kandy

241. INFORM Human Rights Documentation Centre

242. International Centre for Ethnic Studies (ICES)

243. Mannar Women's Development Federation (MWDF)

244. Muslim Women’s Development Trust (MWDT), Puttalam

245. National Fisheries Solidarity Organization (NAFSO)

246. Northern Muslim Civil Society

247. Rural Development Foundation

248. Vallamai Travelers, Jaffna

249. Women and Media Collective (WMC)

250. Women for Justice and Peace in Sri Lanka

251. Women's Action Network (WAN)

252. Women's Coalition for Disaster Management (WCDM), Batticaloa