UPDATE (Sri Lanka): Mt. Lavinia police’s apparent inaction to arrest/prosecute those responsible for the death of a torture victim, Mr. M. Ranson Peiris

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-05-2005
ISSUES: Impunity,

Dear friends,

The AHRC has received information that Mt. Lavinia police, who is in charge of the investigation into the death of Mr. M. Ranson Peiris is purposely evading being present at the non-summary inquiry being held at the Moratuwa Magistrate Court (Case No. 67417NS/2004). They have already been absent in court inquiry five times in last December and this January. Mr. M. Ranson Peiris died on 6 December 2004 due to injuries sustained from brutal torture by two sergeants of the Moratuwa Police Station on the previous day. (See further: UA-176-2004)

The AHRC was also informed that the Mt. Lavinia police have not arrested any of the alleged perpetrators although they have clear medical evidence submitted by the Judicial Medical Officer (JMO) who conducted an inquest on the victim’s body. As a result, the two sergeants still continue to work as police officers in the same post. The AHRC worry that such a clear lack of interest in ensuring justice in this case will dramatically demoralize the people in the area. 

We urge you to immediately intervene in this case. Please write a letter to the Sri Lankan authorities urging that a proper investigation and prosecution of perpetrators is sought in this case without delay. Please also urge them to take disciplinary action against the higher officers in the Mt. Lavinia area for this situation.     

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

Name of the victim:
 Mr. M. Ranson Peiris, a 59-year-old carpenter, married with 7 children, residing at no. 30, Gnanaloka Mawatha, Egodauyana, Moratuwa, Sri Lanka
Alleged perpetrators: 
1. Sergeant Silva of the Moratuwa Police Station (Court sergeant at the Moratuwa Magistrate Court)
2. Sergeant Jayantha Perera of the Moratuwa Police Station
3. Headquarter’s Inspector (H.Q.I.) who have jurisdiction over the Moratuwa Police Station
Date of incident: Illegally arrested and tortured on 5 December 2004 and died on 6 December 2004
Case status:  Mt. Lavinia police who is in charge of investigation into the death of Mr. M. Ranson Peiris are intentionally and constantly evading non-summary inquiry at the Moratuwa Magistrate Court (Case No. 67417NS/2004)  

Mt. Lavinia police, who is in charge of investigating the death of Mr. M. Ranson Peiris, who died on 6 December 2004 due to injuries sustained from brutal torture by two sergeants of the Moratuwa Police Station on the previous day, is purposely evading being present at the non-summary inquiry being held at the Moratuwa Magistrate Court (Case No. 67417NS/2004). They have been already absent in court on five inquiry dates; on 13th, 14th, 15th, 16th of December 2004 and 5th January 2005.

The Judicial Medical Officer (JMO), who conducted an inquest on the victim’s body, stated in his report that the victim had been assaulted with “a blunt weapon” and the cause of his death was spontaneous intra cerebral hemorrhage. He further stated that the victim had multiple minor injuries over his neck, upper limbs and lower limbs, suggestive of blunt force injuries and evidence of high blood pressure. But the victim’s family said that the victim had never taken any treatment for high blood pressure before. 

However, despite such clear medical evidence, Mt. Lavinia police have yet to arrest the alleged perpetrators. As a result, two police sergeants involved in the torture of the victim are still working as police officers in the same post without any disciplinary/criminal action against them.  The AHRC suspects that such an apparent inaction by the Mt. Lavinia police in this case is mainly to take time to manipulate the witnesses. 

Furthermore, the AHRC notices that Sergeant Silva, one of the two responsible police officers, continues to work as the court sergeant at the Moratuwa Magistrate Court where the case inquiry is being held. We worry that this may make witnesses reluctant to come to the court due to security concerns. In our previous Urgent Appeal on this case, we have already reported that the Moratuwa police have unduly pressured a crucial eyewitness of the victim’s assault. The Moratuwa police have also attempted to hide their crime by giving a false statement to the Lunawa Gvernment Hospital while admitting the victim saying that they found him on the roadside. 

In light of the above, the AHRC strongly urge the Sri Lankan government to ensure that immediate legal and disciplinary action be taken against the two police sergeants. We also urge that higher police officers in the Mt. Lavinia area should be questioned and held responsible for their apparent inaction on this case.    

SUGGESTED ACTION:
Please send a letter, fax or email the Sri Lankan authorities and express your concern about this serious case.

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

SAMPLE LETTER

Dear _________,

Re: Mt. Lavinia police’s intentional absence at the non-summary inquiry of the death of a torture victim, Mr. M. Ranson Peris, at the Moratuwa Magistrate Court (Case No.:  67417NS/2004) 

Name of the victim: Mr. M. Ranson Peiris, a 59-year-old carpenter, married with 7 children, residing at no. 30, Gnanaloka Mawatha, Egodauyana, Moratuwa, Sri Lanka
Alleged perpetrators: 
1. Sergeant Silva of the Moratuwa Police Station (Court sergeant at the Moratuwa Magistrate Court)
2. Sergeant Jayantha Perera of the Moratuwa Police Station
3. Headquarter’s Inspector (H.Q.I.) who have jurisdiction over the Moratuwa Police Station
Date of incident: Illegally arrested and tortured on 5 December 2004 and died on 6 December 2004

I was informed that the Mt. Lavinia police, who are prosecuting the alleged killing of Mr. M. Ranson Peiris by two police sergeant of the Muratuwa Police Station, have not appeared at the non summary inquiry of this case (bearing number 67417NS/2004) at the Moratuwa Magistrate Court. They have already been absent five times on 13th, 14th, 15th, 16th of December 2004 and 5th January 2005. The victim’s family is very disturbed by this fact and worries whether the inquiry into the victim’s death will be sabotaged.  

I was also informed that although there is clear medical evidence (JMO’s report) to support the fact that the victim has been tortured while in custody, none of the perpetrators have been arrested and they continue to work as police officers in their present posts.  I was especially disturbed to learn that Sergeant Silva, one of two main accused, is still working as the court sergeant at the Moratuwa Magistrate Court where the case inquiry is being held. Such a clear lack of interest in ensuring justice in this case is having quite a demoralising effect on the population of the area. 

I therefore, urge you to intervene in this matter and take appropriate steps to ensure that a proper inquiry and prosecution be held without delay. I also urge you to take disciplinary action against higher police officers in the Mt. Lavinia area who are responsible for this situation. Sergeant Silva should be transferred from his current position at the Moratuwa Magistrate Court for the security of the witnesses. Lastly, I urge the Sri Lankan government to fulfill its international obligation by introducing effective and realistic legislative measures for witness protection, and take genuine steps to bring about the implementation of the Convention Against Torture (CAT) Act, which was ratified and accepted as domestic law.

Yours sincerely,

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SEND A LETTER TO:

1. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 

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

3. Mr. Ranjith Abeysuriya PC 
Chairperson 
National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
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 22 917 9016 (general)
E-mail: ssyed@ohchr.org

6. Mr. Philip Alston 
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: urgent-action@ohchr.org

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC) 

Document Type : Urgent Appeal Update
Document ID : UP-05-2005
Countries : Sri Lanka,
Issues : Impunity,