UPDATE (Sri Lanka): A torture victim’s life is in danger due to threats by the torture perpetrators 

Dear friends,

The Asian Human Rights Commission urgently requests your intervention to provide special protection to torture victim, Mr. Nimal Silva Gunaratne!

Mr. Gunaratne was arrested by the Panadurai police in June 2000 and severely tortured by Assistant Superintendent of Police (ASP) Ranmal Koddithuwakku, the son of the ten Inspector General of Police (IGP), and fellow officers from the Panadura Police Station. He lost his eyesight in one eye and suffered from several other serious injuries due to this torture. Since making complaints against the police officers, Mr. Gunaratne has been receiving imminent threats on his life by the said ASP.

Regarding the threats, the AHRC issued an Urgent Appeal about the shooing incident against Mr. Gunaratne on 6 March 2005 in which three unidentified police officers and two other persons were allegedly involved (See further: UA-41-2005). After we reported the case, the police headquarters sent officials to Mr. Gunaratne’s house and recorded his statement regarding the threats. However, they took no action to ensure Mr. Gunaratne and his family’s security at that time.

Today, the AHRC has received information again regarding further threats to Mr. Gunaratne. According to him, several unknown people visited his garden recently and also they come and stay near his house “almost every day”. He and his family fear that these people might be plotting to harm his life. They are now living in fear and remain in hiding by moving from place to place.

The AHRC also received information that the Attorney General (AG) has not filed the indictment (criminal charges) against the responsible police officers under the CAT Act no. 22 of 1994, even though the investigation of this case has been concluded. Mr. Gunaratne also reported that there is an undue delay in pronouncing the judgment of his Fundamental Rights Application (civil charges) in Supreme Court. He believes that the police department and other high ranking government officers are reluctant to take action on his case because the main perpetrator is the former IGP’s son.

Under these circumstances, we call for your urgent action to pressure the Government of Sri Lanka to provide full protection to Mr. Gunaratne and his family by “special police team (not by the local police)” as was done before in the case of Lalith Rajapakse. Please also urge the AG to file criminal charges against the perpetrators without further delay. Both sample letters are attached.

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

Name of the victim: Nimal Silva Gunarantne, residing in Panadura, Kalutara district, Sri Lanka
Alleged perpetrators: Assistant Superintendent of Police (ASP), Ranmal Kodithuwakku and his fellow officers attached to the Panadura police.
Case status: Continuous threats on the victim’s life

Mr. Nimal Silva Gunarantne reported further threats to his life by unidentified persons. According to him, several unknown people visited his garden in last few days and came and stayed near his house “almost every day”. He and his family fear that these people might be engaged to harm his life because the indictment against the police officers responsible for Mr. Gunarantne’s torture should be taken up by the Attorney General (AG) at any time. The AG’s department has already completed the investigation in this case. If they are convicted under the CAT Act no. 22 of 1994, the accused officers will be sentenced minimum seven years of jail term.

In fact, this is not the first threat to Mr. Gunarantne. Since he made complaints against the police officers, he has been receiving imminent threats on his life and charges have been fabricated against him by the said ASP. For instance, a shot was fired in the direction of Mr. Guneratne’s house on the evening of 6 March 2005, and Mr. Gunaratne saw three police officers in uniform and two other persons in plain clothes escaping from the scene in a white coloured vehicle. Despite his immediate complaint to the police, no action has been taken regarding this incident. The victim also reported that there have been several attempts in recent times to implicate him in fabricated cases. As a result, he has been arrested on several occasions and produced before courts.

The AHRC was also informed that the criminal investigation by the Criminal Investigations Department has been completed and is before the AG for prosecution. But the AG still has not filed the indictment (criminal charges) against the accused police officers. It is also reported that there is an undue delay in pronouncing the judgment of the victim’s Fundamental Rights Application in the Supreme Court (Case No: no. 565/2000). The Supreme Court concluded the hearing of the case on 15 November 2004 but has not issue the judgment yet. Mr. Gunarantne believes that the reason the police department and other high governmental officers are reluctant to take action regarding his complaints is that the main accused of the case is ASP Ranmal Kodithuwakku, the former IGP’s son.

The AHRC strongly urges the Government of Sri Lanka to immediately provide full protection to Mr. Gunaratne and his family by “special police team (not by the local police)” as was done earlier in the case of Lalith Rajapakse. We also urge the AG to file criminal charges against the accused police officers and bring them before court as soon as possible.

Mr. Gunaratne had been arrested by the Panadurai police on 19 June 2000 and severely tortured by ASP Ranmal Koddithuwakku and his fellow officers from Panadura Police Station. This resulted in the loss of his eyesight in one eye and several other serious injuries. He was also illegally detained for 96 days. This case has been referred to in the 2003 report of the UN special repporteur on the question of torture (Reference No.: Paragraph no. 1523-1524 of E/CN.4/2003/68/Add1)

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