UPDATE (Sri Lanka): Police accused of Gerald Perera’s torture are acquitted

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that the accused police officers responsible for the torture of Gerald Perera, who was later assassinated before giving evidence before a court, were acquitted by the Negombo High Court on 2 April 2008. This judgment is extremely dangerous as hereafter persons who want to complain about torture may fear that they will be assassinated as a result. The AHRC urgently requests you to call upon the Attorney General to appeal this case.

UPDATE INFORMATION:

On 2 April the Negombo High Court acquitted all the six accused police officers on the basis that there should be direct evidence of torture or strong identification of the torturers in the case of the torture of Gerald Perera. (Case No. HC326/03)

This judgment was given despite the fact that it was established that the officers were responsible for his illegal arrest and illegal detention and that he was in perfect health when he entered the police station but was seriously injured when he was released. His injuries resulted in renal failure

Once the arrest, detention, control and the time period within which injuries were caused within a police station is proved, the burden of proof of the innocence of the accused shifts to the accused. However, the trial court judge completely ignored this legal principle without any explanation to this case which is normally applied to other cases in Sri Lanka.

The Attorney General has limited time to appeal against this judgment and as of today no appeal has been filed.

ADDITIONAL INFORMATION:

Gerald Perera was tortured on 3 June 2002 at Wattala Police Station which resulted in renal failure and he survived only from relying on a life-support system. The Supreme Court of Sri Lanka held on 4 April 2003 that torture, illegal arrest and illegal detention have been caused by several officers of the Wattala Police Station in a response to a fundamental rights application. (See further Supreme Court’s Judgment)

The Attorney General filed indictment against seven police officers including the Officer-in-Charge (OIC) from the station under the CAT Act No. 22 of 1994 on 23 September 2003. While the case was pending at court, before Gerald Perera could give evidence, he was assassinated on 21 November 2004. One of the accused in the torture case is now on trial for the murder of Gerald.

For more information, please refer to our previous appeals: UP-026-2006, UP-120-2005, UP-32-2005, UP-23-2005, UP-14-2005, UP-01-2005, UP-76-2004, UP-74-2004, UA-157-2004, UP-47-2002 and UP-44-2002.

Please also refer to our some of previous statements and open letters: AHRC-STM-089-2008, AHRC-STM-088-2008, AHRC-STM-086-2008, AHRC-OLT-006-2008, AHRC-STM-084-2008, AS-274-2007, AS-188-2007, AS-186-2006, AS-07-2003, MR-15-2002, MR-13-2002.

Please also see the statements issued in each anniversary after his killing: AS-274-2007(Third anniversary), AS-293-2006 (Second anniversary), AS-119-2005 (First anniversary). Regarding the urgent need of witness protection, please also see AHRC-OL-026-2006, AHRC-OL-021-2006, UA-193-2006, AS-63-2004.

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SUGGESTED ACTION:
Please send a letter to the Attorney General urging him to appeal the case as soon as possible so that the impunity of those responsible for human rights abuses come to an end in Sri Lanka.

Please be informed that the AHRC has written separate letters to the relevant UN Special Rapporteurs calling for their intervention in this case.

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