UPDATE (Sri Lanka): Inexcusable delay in Gerald Perera’s court trial 

[RE: UP-120-2005: SRI LANKA: Trial begins in High Court relating to the torture of Gerald Perera; UP-32-2005: SRI LANKA: Please write a letter to the Attorney General to speed up Gerald Perera’s murder trial; UP-23-2005: Gerald Perera’s murder trial may not begin for another 5-7 years, UP-14-2005: The assassin of Gerald Perera has been arrested by the Criminal Investigation Department, UP-76-2004: Gerald Perera died after gunshot; His family needs urgent protection, UP-74-2004:  No action from the government to protect torture victim even after attempt on his life, UA-157-2004: Torture victim pursuing criminal torture case shot; UP-47-2002 (RE: UA/18 and 19/2002 – Torture by police, impunity and denial of proper rehabilitation; UP-44-2002 (RE: UA/18 and 19/2002 – Torture by police, impunity, denial of proper rehabilitation]
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UP-026-2006: SRI LANKA: Inexcusable delay in Gerald Perera’s court trial

SRI LANKA: Court delay; delay in administration of justice; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward to you a letter written by Gerald Perera’s widow, Wicramaratne Pathirannahalage Padma Wicramaratne to the Chief Justice of the Supreme Court in Sri Lanka. Padma wrote to the Chief Justice to voice her concern at the inexcusable delay in the court trial into her husband’s murder. She noted that while other cases of murder in the country have been dealt with quickly and efficiently, 14 months have now passed since her husband’s murder and yet no serious attempts have been taken to have his case heard.

Letter by Padma:

30th January 2006

Honourable Chief Justice
Supreme Court
Supreme Court Complex
Hulftsdorp, Colombo 12

Honourable Chief Justice,

Re: The case of Gerald Perera who was assassinated by the police

I am the widow of Gerald Perera.  My husband’s death took place on the 24th November 2004 as the result of shooting of my husband which took place on 21st November.  I have learned that after inquiries, five police officers and one of their collaborators have been taken into custody and murder charges have been leveled against them.

Previously a torture done on my husband without any reason had been accepted by the Supreme Court through one of its well known decisions.  Later as my husband was to give evidence before the Negombo High Court on a case of torture, just one week before giving such evidence he was assassinated.  I also learned that the investigations have revealed that the reason for this assassination was to prevent him from giving evidence.

My husband’s death took place three days before the murder of Justice Ambepitiya.  Now several months have passed since the final verdict has been given (July 5, 2005) in Justice Ambepitiya’s case.  One Yvonne Jonssen, a young girl was murdered about seven months after my husband on 1st July.  I have learned that the hearing of this case started at Colombo High Court on 16th January 2006 and that it is being heard on a day-to-day basis continuously.

However, there is no date fixed for the trial of my husband who was the complainant and chief witness of a criminal trial.  Furthermore, I have also learned that after whatever day it starts it can go on for several more years.

Immediately following the end of the investigation into this case a request was made from the Honourable Attorney General to take the appropriate steps to have my husband’s case heard before a trial at Bar.  I learned that the Inspector General of Police had said at a meeting that he has requested that this case be heard before a trial at Bar.

However, neither has there been a date fixed for a trial regarding my husband’s murder nor has any decision been made to hear the case from beginning to the end without postponements.  My husband who was the complainant and the chief witness of a criminal trial was killed by a group of state officers.  For that reason my husband’s murder takes a special importance as in the case of Justice Ambepitiya.  While the judges have some protection, what is the type of protection that a witness like my husband has, particularly when he is to give evidence against a group of state officers who were accused of torture?  Granting speedy trial regarding such a murder would restore confidence in others and also eliminate the fear from which all witnesses suffer.

I was even more surprised and shocked to learn that a murder of a foreign girl which took place only on July 1st, 2005, is now being heard before the Colombo High Court and that the case is heard from day to day.  I was saddened by the fact that my husband’s murder has not even been given as much importance as this common murder which is being tried within six months after the incident.  While even after 14 months no attempts at all have been made for the hearing of my husband’s murder which shocked both the local people as well as people from other countries.

Thank you,

Sincerely yours,

Wicramaratne Pathirannahalage Padma Wicramaratne
(Translated from the Sinhala original)

SUGGESTED ACTION:
Please write to the Chief Justice voicing your own concern for the delay in Gerald Perera’s case. Please highlight the fact that under Sri Lankan law there is a procedure whereby the Chief Justice can refer the case to be heard at trial-at-bar. Given the exceptional circumstances of Gerald Perera’s case, the Chief Justice should execute this power in this instance.

 

 

To support this case, please click here: SEND APPEAL LETTER