UPDATE (Sri Lanka): Frightened torture victim refused to give evidence because of police threats

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a torture victim, R. Don Nawaratne Bandara, refused to give his statement in the Panadura Magistrate Court fearing for his life due to severe threats by his torture perpetrators on 1 April 2005.  He further informed the court that he wished to withdraw the case for security reason. R. Don Nawaratne Bandara was tortured by then Keselwatte Police Officer-in-Charge (OIC), Sergeant Palitha Perera, Assistant (SA) Sunil and police driver Upasiri on 2 May 2001. (Reference: UA-20-2001)

While the Magistrate immediately took up the trial and recorded the victim’s statement, R. Don Nawaratne Bandara is still under intimidation by the accused policemen without any protection. The next hearing for further evidence/testimony is set for April 27. The AHRC is fearful that the victim will face further threats to prevent him from giving evidence in the court before the next hearing. Your urgent action is required to correct this matter.

Please send a letter to the Sri Lankan authorities and urge them to provide immediate protection to the victim and thoroughly investigate the alleged intimidation against him. Please also urge them to suspend the accused police officers or transfer them to other areas to ensure the victim’s security while the case is ongoing in the court.

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

Name of the victim: R. Don Nawaratne Bandara, motor mechanic, resident of 19/ 08, Sriya Mawatha, Keselwatte, Panadura.
Date of incident: 2 May 2001
Alleged perpetrators: 1) former Keselwatte Police Officer-in-Charge (OIC) Prasanna Silva (currently OIC of the Panadura Police Traffic Branch), 2) Sergeant Palitha Perera, 3) Assistant (SA) Sunil, 4) police driver Upasiri (All the four were attached to the Keselwatte Police Station, Panadura at the time of the incident)
Case status: The victim is facing severe threats by the policemen responsible for his torutre

R. Don Nawaratne Bandara from Diggala Road, Panadura was illegally arrested and severely tortured by Keselwatte police personnel on 2 May 2001. Former Keselwatte Police Officer-in-Charge (OIC) Prasanna Silva (currently OIC of the Panadura Police Traffic Branch), Sergeant Palitha Perera, Assistant (SA) Sunil and police driver Upasiri were among those who assaulted him. On 4 May 2001, the victim was presented before the Panadura acting magistrate on false charges of possessing heroin and was bailed out. After being released, R. Navaratne Bandara of Panadura was admitted to the Kalubowila hospital for four days. (See further: UA-20-2001)

The case was taken up before Panadura Magistrate, Jagath A. Kahadagamage on 1 April 2005. However, the torture victim R. Don Navaratne Bandara informed the court that he wanted to withdraw his complaint as he was frightened to give evidence because of threats made by the policemen involved in the case. He had complained to the Inspector General of Police, the National Police Commission and the Human Rights Commission but they had taken no action against these policemen.

After listening to R. Don Navaratne Bandara’s statement, the Magistrate took up the trial immediately and recorded his evidence. R. Navaratne Bandara of Panadura testified before the magistrate about the detailed account of the incident. He also gave the magistrate the names of his torture perpetrators; OIC inspector Prasanna Silva, Sgt. Palitha, police driver Upasiri and Gramarakshaka Sunil attached to the Kehelwatte police. At this stage further evidence has been postponed by the magistrate until April 27.

The AHRC welcomes the prompt action taken by the magistrate to record the victim’s statement. However, we are concerned that no action has yet to be taken to ensure the victim’s security.  The AHRC urges the Sri Lankan authorities to provide full protection to the victim and immediately inquire in the alleged threats against him. The responsible police officers must be suspended from their service or transferred to other areas for the security of the victim while the investigation is going on.

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