UPDATE (Sri Lanka): Serious security threat to Mr. Dingiri Banda who lodged three complaints against two army captains 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Mr. R.K.L.G. Dingiri Banda on the serious security threat by two unknown men on 3 September 2004. Mr. Dingiri Banda is pursuing three cases against two army officers who are now captains regarding the severe assault on him which took place on 21 February 2000 at the officer’s mess of Gajaba Regiment at Saliyapura. He strongly believes that the two men might have been contracted or mobilized to harm his life due to his complaints.

The rate of assassinations in Sri Lanka is very high and intimidation of complainants and witnesses is also very common. Under these circumstances, your urgent action is required to pressure the government of Sri Lanka to provide immediate and adequate protection to Mr. Dingiri Banda without delay. In particular, there is more reason to provide such protection to the victim as the opponents are powerful persons in the Sri Lankan army.
?lt;br />Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

A complaint relating to the threat to life of Mr. R.K.L.G. Dingiri Banda of No. 69, Track 02 Orubandisiyambalwa, Bakamuna, a complainant of three cases against two army captains.?Mr. R.K.L.G. Dingiri Banda has complained of his fear that some persons have been contracted or mobilized in order to harm his life due to pursuing three cases regarding serious assaults on him by two army officers while he was a lieutenant in the Sri Lankan army. The assault leading to these three cases took place on the night of 21 February 2000 at the officer’s mess of Gajaba Regiment at Saliyapura. The assault was so serious that his life was saved only with great difficulty. As a result, he had to stop his military career and took early retirement. According to Mr. Dingiri Banda, the two perpetrators were later promoted and are army captains now. No disciplinary action has been taken against the two said officers regarding his case.

The three pending cases are:
— A Non Summary Inquiry regarding attempted murder before the Magistrates Court at Anuradhupura
— A case in the District Court of Anuradhupura in which Mr. Dingiri Banda has claimed compensation for serious injuries and damages caused to him
— A fundamental rights application before the Supreme Court.?With regard to the this case, Mr. Dingiri Banda has appealed to the Sri Lankan Bar Association regarding the alleged misconduct of his defense lawyer on his case. (Refer to: UA-79-2004 and UP-51-2004)

On 30 August 2004 at around 3:00 pm, Mr. Dingiri Banda came to Colombo to meet his lawyers who are attending to his fundamental rights application matter in which the respondents had tried to force a settlement by way of payment of Rs.100,000/= which Mr. Dingiri Banda refused to accept. He went to meet the lawyers for the purpose of taking steps to get his case re-listed before the Supreme Court and also to pursue the complaint he had made to the Bar Association of Sri Lanka.He returned from Colombo at around 3:00 pm on September 3.

On the same day (September 3) at about 9:00 pm two unknown men arrived on a motorcycle at Mr. Dingiri Banda’s sister’s house at Athrugiriya and asked for Mr. Dingiri Banda. Mr. Dingiri Banda was not there at that time. His sister, who was suspicious of the two persons, told them that there was no such person in her house. Thereafter the two men told her that they knew that Mr. Dingiri Banda was staying there and again asked her where he was. The sister replied, “He has gone back”. The two men then left the place saying “We know how to find him.”

The sister reported this incident to Mr. Dingiri Banda over the telephone immediately. He then made inquiries with all of his relatives and friends as to whether any of them had tried to visit him at his sister’s house but he found that no on had. Mr. Dingiri Banda firmly believes that the two men who visited his sister’s house at the late hour of the night are very likely to be persons with a contract to harm his life. He claims that there is no other reason for anyone to harm him except the cases he is pursuing regarding those two army officers who had made an attempt on his life while he was a lieutenant and who had virtually ruined his career. He also stated that he has no other enemies.

Mr. Dingiri Banda, as a complainant in a case, has a right for protection from the state. In particular, there is more reason to provide protection to him, as his opponents are in powerful positions in the Sri Lankan army. The rate of assassinations in Sri Lanka is very high and intimidation including attempts on the lives of complainants and witnesses is also very common.

Under these circumstances, Mr. Dingiri Banda has a genuine and well-founded fear for his life.

Therefore, AHRC strongly urges the government of Sri Lanka and all agencies concerned including the National Human Rights Commission (NHRC) and the National Police Commission (NPC) to take immediate and adequate action to safeguard the life of Mr. Dingiri Banda.

SUGGESTED ACTION:
Please send a letter, fax and an e-mail to the addresses below and express your concern about this serious case.

 

 

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