[Re: UA-221-2006: SRI LANKA: Death in prison custody of illegally arrested man; second man seriously injured, UP-140-2006: SRI LANKA: Responsibility of prison officers for death of M.S.F. Perera and injuries to L.G. Munaweera]
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SRI LANKA: Threats to torture victim; denial of justice; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information that Mr. L.G. Munaweera, a torture victim who was brutally tortured by prison guards in Kuruwita Remand prison, has gone into hiding due to alleged severe threats against him. The AHRC earlier reported that he had been tortured in the prison together with his friend Mr. M.F.S. (Sunil) Perera, who succumbed to injuries on 6 July 2006. Both men had been illegally arrested with mistaken information but the court later ordered their release (see further: UA-221-2006).
Even though the incident received wide publicity, so far no one has yet been arrested for the torture of the two victims. Mr. L.G. Munaweera stated that seven prison officials tortured them over a period of several days. Although two prison officers have been suspended from their employment, there is no indication that there is any serious criminal investigation taking place.
Meanwhile, the papers reported that the Prison Commissioner, Major General Vajira Wijegunawardene, has fled the country due to ‘personal security reasons’. He initially attempted to play down the murder of Mr. M.F.S. (Sunil) Perera which took place in the prison by stating that the death was due to kidney failure. This led to an uproar of protests in the country (see further: UP-140-2006). However, despite senior politicians from the government claiming that criminal inquiries would be initiated no such action has yet been taken. Under these circumstances, the AHRC urges you to renew efforts to write to the government to initiate inquiries and to arrest the perpetrators.
According to the latest information we have received, the surviving torture victim, L.G. Munaweera, has come under serious threat from persons pressurising him not to talk about the incident. He has gone into hiding due to fear for his life. The AHRC has consistently pointed out the pattern of intimidation of witnesses in Sri Lanka. Such intimidation, sometimes leading even to death, is one means perpetrators find to escape liability for their actions. In this instance, since the allegations of torture are against prison officers, they could mobilise prisoners in remand to carry out such acts of intimidation upon their release or through their associates. Thus, the AHRC is aware that the threat to the life of Mr. L.G. Munaweera is very real.
The murder of Gerald Perera is a grim reminder of the level of witness intimidation in Sri Lanka (see further: UA-157-2004 and UP-76-2004). The AHRC therefore requests you to pressure the Sri Lankan government to take necessary action to provide protection to Mr. L.G. Munaweera.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to immediately provide protection to L.G. Munaweera and conduct an independent and proper investigation into the torture case without delay.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Torture victim L.G. Munaweera has gone into hiding due to severe threats; no serious action has been taken to investigate the torture case
Names of the victims:
1. Mudalige Sunil Fermin Perera of 55 1/A Pitakotte Kotte, aged 55, a father of three sons, formerly an employee of Oxygen Company who made a living providing Helium balloons (killed)
2. Linton Gamini Munaweera of Makola, aged about 35, a father of two children (injured)
Name of alleged perpetrators: Prison guards of Kuruwita Remand Prison for torture and some officers of the Ratnapura police for illegal arrest
Date of incident: Illegally arrested on 28 June 2006 and allegedly tortured between June 28 and July 3.
I am sure that you are aware of the death of Mr. M.S.F. Perera and the severe injuries to Mr. L.G. Munaweera, which has been widely publicised in the local media and has also gained the attention of the international community.
According to the latest information I have received, the surviving victim Mr. L.G. Munaweera is allegedly facing death threats and has gone into hiding. This reveals the extent to which the protection to victims of human rights abuses has ceased to exist in Sri Lanka. I therefore strongly urge you to take appropriate action to protect Mr. L.G. Munaweera.
Following their arrest, Mr. M.S.F. (Sunil) Perera and Mr. L.G. Munaweera were produced before a magistrate and were both placed in the Kuruwita Remand Prison where they were allegedly subjected to brutal torture by the prison guards. The police conducted inquiries and found that neither of the two men could have been responsible for the bomb threat phone calls and Police Officer B. Solngarachchi submitted a motion for their release on July 3. Accordingly the magistrate ordered both accused to be released but this order was not executed by the prison officials. Finally on July 4, the two men were brought before the magistrate again and on that occasion he ordered them to be transferred to the Colombo National Hospital, where Mr. M.S.F. (Sunil) Perera succumbed to injuries on July 6. The information above shows that the police were wrong in making an arrest without proper information.
In light of the above, I urge you to order an investigation into the brutal death of M.S.F. Perera at the hands of remand prison guards and the prosecution of the culprits. The conduct of both the police and the prison guards needs to be reviewed and proper rules of conduct need to be established. I also ask for compensation for the family of the deceased torture victim. The surviving victim should be provided with proper medical attention and compensation for his injuries.
Having repeatedly heard of cases of torture including ones leading to death from Sri Lanka, I express my serious shock at the Sri Lankan government’s indifference on this issue. The high ranking officers of the state including the Commissioner of Prisons should take full responsibility for this death and the torture. I also hope that all other authorities will take appropriate action to stop the continuing torture by the Sri Lankan police, military and prison authority.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Secretary
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. Secretary
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
5. 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
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
