UPDATE (Sri Lanka): Torture victim Priyankara received death threats again and urgent witness protection is required 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-74-2005
ISSUES: Torture,

[RE: UP-37-2004: SRI LANKA: A Kandy coordinator of National Police Commission allegedly cooperates with torture perpetrators; UP-34-2004: Priyankara brutally assaulted and arrested with no access to lawyers; UP-33-2004: Torture victim severely beaten again, forcibly taken to the police station in critical condition and feared being killed by the police; URGENT INTERVENTION NEEDED to save a victim’s life; UA-07-2004: Torture by pouring boiling water on the victim’s genitals by the officers of the Matale Police Station]

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that torture victim Jayasekara Vithanage Saman Priyankara has recently received a life threatening phone call from an unknown person. He also reported that unknown persons visited his house recently. We attach his statement below which includes details of the incident.

In January 2004, Saman Priyankara was brutally tortured by the Matale police who poured boiling water on his thighs and caused severe wounds. He was once again illegally arrested and tortured by the Matale police on 7 July 2004 as he did not withdraw his complaints against officers of the Matale Police Station. At that time, the Matale police also attempted to fabricate charges against him and his brother.

Saman Priyankara is a victim of police brutality and is facing continuous intimidation and harassment by the torture perpetrators. He thus lives in great fear for his life all the time. The AHRC calls for your urgent intervention in this case. Please urge the Sri Lankan authorities to provide immediate protection to Saman Priyankara and conduct a proper investigation into the alleged incident and bring the responsible persons behind Priyankara’s intimidation to court. The Sri Lankan government should also take genuine steps to establish an effective witness protection program regarding all witnesses in criminal trials.

To see our previous appeals regarding the torture of Priyankara, please go to:
UA-07-2004: Torture by pouring boiling water on the victim’s genitals by the officers of the Matale Police Station in Kandy
UP-33-2004: Torture victim severely beaten again, forcibly taken to the police station in critical condition and feared being killed by the police; URGENT INTERVENTION NEEDED to save a victim’s life
UP-34-2004: Priyankara brutally assaulted and arrested with no access to lawyers
UP-37-2004: A Kandy coordinator of National Police Commission allegedly cooperates with torture perpetrators

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

Name of the victim: Jayasekara Vithanage Saman Priyankara, 33, self-employed (runs a poultry farm), married with two children
Address of the victim: 50/1 Ruwanpaya, Ratwatte, Ukuwela
Alleged perpetrators of his torture:
1. Sub Inspector (SI) Panannwala and four other officers of the Matale Police Station regarding his first torture on 5-6 January 2004
2. SI Jayampathi and Sergeant Samantha and other officers of the Matale Police Station regarding his second torture on 7 July 2004
Case status: Continuous intimidation and harassment due to his complaints against the torture perpetrators; Urgent witness protection is required.

Jayasekara Vithanage Saman Priyankara reported that he received a threatening call from an unknown person a few days ago. He lodged a complaint regarding the incident at the Matale Police Station immediately. We attach his statement on the incident for your better understanding about the current situation of his case.

VICTIM’S STATEMENT: It is translated from Singhalese into English

Jayasekara Vithanage Saman Priyankara
No. 50/1, RatwattE, Ukuwela

On Saturday, 11 June 2005 at 6:10pm, two persons arrived in a Honda vehicle and looked for Gamini (person’s name). I showed them my brother-in-law but they said, “Not this Gamini, we want Gamini who is a book binder,” and then they went away. Between 6:20pm and 6:25pm of the same day, our telephone rang and I asked my wife to answer the call and find out who was calling. She took up the phone and she told me, “A person identified himself as Kaduwela Nimal and is asking for Suda (the victim’s nickname).” I told her to ask him, “Why do you want him?” Then the caller on the phone scolded my wife saying, “You and your husband should be careful, we will cut you, chop you and kill you!”  My wife was frightened and I took up the phone, but then the call was cut off.

As my wife was disturbed, I called the Matale police and reported this incident. I was instructed to contact 119 which I did so. I was also told that they would send a police officer to my house at around 8:00pm. Four officers from the Matale police, R.P.C24439, R.P.C22268, P.C.D3205 and H.G16007, came to my house in the jeep numbered 32sri5634 and recorded my complaint. I signed the statement. The police officers stayed in my house from 8:20pm to 9:30pm.  I also called the Police Head Quarters but there was no response.

On June 14 at 1:40pm, a police officer No.25656 came to my house and asked for information about the incident. But he did not record any particular information about the incident as we had already lodged our complaint with the police on June 11.

On June 16 at 9:25am the telephone rang. As I was not at home, my wife answered the phone. The speaker on the phone asked, “Is Suda at home?” As I was not there, my wife answered, “Suda is not at home, who is speaking?” In answer to this question, she was told, “I am Ranjith. Tell me immediately where is Suda.” His reply was very rough in an abusive manner and then he had kept down the receiver.  This is all I have to say.

Saman Priyankara

SUGGESTED ACTION:
Please send a letter to the persons listed below and urge them to provide immediate protection to the victim and thoroughly investigate the continuous threats to him.

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

SAMPLE LETTER

Dear ________,

Re: SRI LANKA: Torture victim Priyankara received death threats again and urgent witness protection is required

Name of the victim: Jayasekara Vithanage Saman Priyankara, 33, self-employed (runs a poultry farm), married with two children 
Address of the victim: 50/1 Ruwanpaya, Ratwatte, Ukuwela
Alleged perpetrators of his torture: 
1. Sub Inspector (SI) Panannwala and four other officers of the Matale Police Station regarding his first torture on 5-6 January 2004 
2. SI Jayampathi and Sergeant Samantha and other officers of the Matale Police Station regarding his second torture on 7 July 2004
Case status: Continuous intimidation and harassment due to his complaints against the torture perpetrators; Urgent witness protection is required.

I am extremely concerned about the security of torture victim Jayasekara Vithanage Saman Priyankara, who reported that he recently received intimidation from an unknown person. According to the information I have received, the victim received a life threatening phone call from an unknown person on 11 June 2005, who said, "?we will cut you, chop you and kill you." The victim also reported that his wife received a phone call from unknown person who was looking for the victim. Furthermore, two unknown persons reportedly visited his house. 

In fact, this is not the first time that the victim faced intimidation due to his torture case. Previously, he was illegally arrested and tortured by the Matale police on 7 July 2004 as he did not withdraw his complaints against some officers of the Matale Police Station. At that time, the Matale police also attempted to fabricate charges against him and his brother. Prior to this incident, the victim had been brutally tortured by the Matale police in January 2004, who poured boiling water on his thighs and caused severe wounds. Therefore, he lives in great fear for his life all the time and cannot continue with his normal life. 

I am disturbed to learn that the Sri Lankan government has not provided any protection to the victim while he and his family have been facing such a dire situation for almost one and a half years. 

I strongly urge you to provide immediate protection to the victim. I also urge you to conduct a proper and thorough investigation into the alleged incident and bring the responsible persons behind Priyankara's continuous intimidation to justice. The Sri Lankan government should also take genuine steps to establish an effective witness protection program regarding all witnesses in criminal trials.

I look for your intervention in this matter.


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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 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net 

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

3. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

4. Mr. Ranjith Abeysuriya 
Police Commission Chairperson 
National Police Commission 
3rd Floor, Rotunda Towers, 
109 Galle Road, Colombo 03. 
SRI LANKA 
Tel: +94 11 23865 
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk 

5. 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 

6. 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)


Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission
Document Type : Urgent Appeal Update
Document ID : UP-74-2005
Countries : Sri Lanka,
Issues : Torture,