UPDATE (Sri Lanka): Threats made against Koraleliyanage Palitha Thissa Kumara must be dealt with immediately 

SAMPLE LETTER

6th February, 2006

Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/426711/327877,

Dear Mr. Fernando,

Re: Imminent threat to Koraleliyanage Palitha Thissa Kumara the torture victim who is a complainant in case No. 444/2005, Kalutara High Court and case No. 121/2004, at the Supreme Court from some officers of Athrugiriya Police

The case of Palitha Tissa Kumara is well know to you, it is the case where the allegations are of extremely serious beatings and of forcing a TB patient to spit into the mouth of the victim.

The two cases are now before courts, the High Court case has almost come to an end and the Supreme Court case is pending for final judgement.  As there is a Magistrate's Court case at Homagama which has been filed against the victim, Palitha is under obligation to visit the Athrugiriya Police every Sunday to sign the book on order of the Magistrate.  On two occasions now, when Palitha has visited the police station officers have taken his photograph.  There has been no order from the Magistrate to instruct or allow the police to take such pictures.

On the 5th February, 2006 (yesterday), Palitha visited the Athrugiriya police to sign the documents as usual.  When he arrived at the station he was photographed once again and after this was done the Officer-in-Charge of the station himself, took him to a room and had another photograph taken.

When Palitha was leaving the police station, two persons wearing civilian dress and caps followed him.  Palitha then took a three wheeler and the two persons also followed him.  Thereafter, Palitha had to change his route several times to get away from these two persons and it was with great difficulty that he managed to do so.

Palitha is of the view that he is being followed for some ulterior purpose and that some threat is imminently looming against him.

In recent months there has been many killings reported of alleged criminals.  The Asian Human Rights Commission fears that the taking of photographs at the police station is a preparatory stage for a planned assassination which could then be attributed as a killing of an ordinary criminal.  The usual excuse that follows thereafter is that there was a shootout, or some encounter during which the person has been assassinated.  Therefore, we urge you to take serious action to protect the witness in two important cases and to inquire into the incident of taking photographs and the following of the victim.

We wish to remind you of the assassination of Gerald Perera who was another torture victim pursuing a case against the police.  We fervently hope that action will be taken to prevent another such assassination.

Thank you.

Yours sincerely,

Basil Fernando
Executive Director 
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SUGGESTED ACTION:

Please write to the Inspector General and other relevant authorities regarding this case, calling for their immediate intervention in protecting the victim. Protection must be provided to the victim and an inquiry should be conducted immediately as to why the police have been taking his photo and who it was that followed him.

Suggested letter:

Dear ________________,

SRI LANKA: Threats made against Koraleliyanage Palitha Thissa Kumara must be dealt with immediately

I write to you in regards to recent threats made against alleged torture victim, Koraleliyanage Palitha Thissa Kumara.

According to information I have received, on two separate occasions now, Palitha has had his photo taken by the police, despite there being no reason for them to do this, and no legal basis for it. Further, on 5 February 2006, when Palitha left the Athrugiriya police station after having attended it for his weekly signing of their book, he was pursued by two persons wearing civilian clothes. It was only after changing his route several times that Palitha was able to lose those who were pursuing him. Palitha now lives in fear that his every move is being monitored and that this may be being done for the most sinister of reasons.

I fear that the taking of photographs at the police station and the pursuing of Palitha is a preparatory stage for a planned assassination which could then be attributed as a killing of an ordinary criminal.  This fear is substantiated by the many killings of alleged criminals in recent months.

I therefore call on you to take immediate steps to ensure that protection be provided to the victim and that an inquiry be conducted into why the police have been taking his photo and who it was that followed him.

Owing to the extremely serious possible outcome of this matter, I trust that your intervention will be forthcoming.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 23865
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

4. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk 

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel:+41 22 917 9230
Fax:+41 22 9179016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission