UPDATE (Sri Lanka): Harassment of family for their pursuit of justice in torture case 

SAMPLE LETTER

Dear _______________,

SRI LANKA: Harassment of family for their pursuit of justice in torture case 

Name of victim: K.A. Samantha Perera (18), currently employed as an assistant to a mason; Address: Nugagodawatte, Waskaduwa, Kalutara Nr.  
Name of alleged perpetrators: The Bandaragama police 
Date of incident:  24 to 27 April 2006
Place of incident: Bandaragama police station

I write to you in regards to 18-year-old Samantha Perera, who was illegally arrested by the Bandaragama police, detained for four days and inhumanely and brutally tortured during this time. He and his family believed that this was a result of instigation and bribery of the police by a private party.

I am aware that Samantha’s family members have now complained that they are being constantly pressured to withdraw the complaint against the police Officer-in-Charge (OIC), S.I. Kasturiarachi. On 7 May 2006, at around 5pm, an unknown person on a motorcycle drove past the family house, then stopped about 15 metres away and began talking on his mobile phone. The man’s behaviour aroused the family’s suspicion. When the father went out to investigate the matter, he discovered that the motorcycle did not have registration number plates. A little while later, the motorcyclist drove away.

Again on May 8, at about 9.20pm, when Samantha’s father was returning home from work, a red Pajero vehicle passed by and stopped in front of him. The driver of the Pajero raised his hand and called out to the father, “wait here”. Then a man wearing a white sarong and shirt alighted from the vehicle and beckoned the father to come closer. The man told the father that the OIC of the Bandaragama police was his friend and thus urged the father to withdraw the complaint regarding the attack on his son. The father boldly asked the man what he would do if it was his son who was tortured. The man did not reply but instead went back to his vehicle and drove away.

When the father returned home he learnt that the same Pajero had visited his house the day before. Inside the vehicle was the same man, together with the policeman who had arrested Samantha. They had inquired about the father, but when they discovered that he was not at home they left word that they would return to meet him. Later the father learned that the man in white in the Pajero was a Provincial Council Minister from the area. He was also referred to as ‘bothal mahatthaya’ (bottle man). From this fact it would seem that a local politician has now become involved in the case on behalf of the alleged perpetrator.

Such harassment of the victim and his family is entirely unacceptable and measures must be taken to ensure that it does not occur again. Immediate steps must be taken to prevent any undue influence, pressure or threats being applied on the victim and his family. Those persons allegedly responsible must be dealt with immediately and a speedy trial must be ensured. Full protection should be provided to the victim and his family should they request it.

I take this opportunity to remind the Government of Sri Lanka of the conclusions and recommendations of the Committee against Torture regarding Sri Lanka in its thirty-fifth session. Within that document it stated: “the Committee is concerned about alleged reprisals, intimidation and threats against persons reporting acts of torture and ill-treatment as well as the lack of effective witness and victim protection mechanisms (article 13).” It went on: “In accordance with article 13, the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report. The State party should inquire into all reported cases of intimidation of witnesses and set up programmes for witness and victim protection.”

I trust that this matter will be taken seriously and that steps will be taken to ensure the safety of the victim and his family.

Yours sincerely,
_____________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421

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

3. 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

4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

6. Mr. Mahinda Rajapakse
President 
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)  
Email: secretary@presidentsoffice.lk

7. Piyasena Ranasinghe
Director General
Commission to Investigate Allegations of Bribery or Corruption 
36, Malalasekera Mawatha 
Colombo 07 
SRI LANKA
Tel: +94 11 2 586 851
Fax: +94 11 2 595 045

8. 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 22 917 9016 (general)
E-mail: ssyed@ohchr.org

9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)