Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that the Attorney General (AG) has, at the time of writing, failed to appeal the case of Gerald Perera even though there are serious grounds on which to pursue this case (AHRC-STM-088-2008). The AHRC, once again, kindly asks for your immediate intervention in this case so that the AG will appeal this case without delay.
UPDATE INFORMATION:
The Negombo High Court acquitted the accused police officers involved in Gerald’s torture in its judgement on 2 April 2008 on the basis that no direct evidence had been found to lie against the accused police officers in the perpetration of acts of torture on now deceased Gerald Mervyn Perera on 3 June 2002 (See further: AHRC-UAU-019-2008).
One of core grounds for appeal of this case is that Gerald Perera was brought to the Wattala Police Station sometime in the afternoon and held in custody until the following morning. The torture he suffered took place during the period of his detention. None of the accused offers any explanation in their dock statements about how they are innocent of the manner in which the accused came about his injuries during that period of time. They all remain on this issue. However, the High Court has failed to draw any conclusions from the silence of the six accused on their responsibilities and their actions during this relevant period of time.
Another ground for lodging an appeal is that once the arrest, the period of arrest and those who were responsible for Geralds custody has been proved the burden shifts to the accused to give a reasonable explanation which will demonstrate their innocence. However, the High Court blamed the prosecution for not leading more direct evidence on the actual torture. (See also AHRC-STM-088-2008)
The AG is vested with a special duty to balance the interests of the State and the public interest. There is previous case where the AG exercised this power conferred under the law, which can be found at, Victor Ivan Vs Sarath Silva, Attorney General, [1998] 1 Sri LR, 340.
After the judgment of the Negombo High Court, letters requesting the AG to appeal against the judgment were forwarded to him (See further AHRC-FOL-006-2008, AHRC-OLT-008-2008, AHRC-PRL-010-2008). However, to-date the AG has not taken any action.
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 comes to an end in Sri Lanka.
Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on the question of torture calling for his intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: Please appeal the case of Gerald Perera to the Supreme Court
I wish to ask for your immediate action in the case of Gerald Perera. As you know, the accused police officers involved in torturing him were acquitted by the judgment from the Negombo High Court on 2 April 2008. (Case No. HC 3267/2003)
According to the information that I have received, there are several serious grounds on which you may appeal this case. I understand your department argued the shift of the burden of proof that the accused police officers have to demonstrate they are innocent from torture against Gerald Perera. However, your argument was ignored without explanation and the High Court has failed to look into the circumstantial evidence.
It is shocking that even after a conclusion that injuries were found on the victim in a hospital examination where he was taken after his release from the Wattala Police Station the High Court has also failed to draw any conclusions from the silence of the six accused on the matter of their responsibilities and their actions during the relevant period of time when Gerald Perera was kept in the custody. In this regard, I would like to draw your attention to the Supreme Court case S.C. (F.R.) 328/2002, Sanjeewa vs. Suraweera, where the Supreme Court held that the police officers who were responsible for the arrest of the torture victim were also responsible for the torture which took place during the time of detention at the Wattala Police Station.
I am aware that the Attorney General in Sri Lanka is vested with a special duty to balance the interests of the State and the public interest and that there is a previous case where the Attorney General exercises this power in the case of Victor Ivan Vs Sarath Silva. Attorney General, [1998] 1 Sri LR, 340 in order to correct errors.
I therefore urge you to appeal this case. In this regard, I finally wish to remind you that your inaction to pursue this case, even though you have the power to do so, may constitute a failure of the remedies to function effectively in a practice which breaches article 2 of the International Covenant on Civil and Political Rights (ICCPR).
I sincerely hope that you will appeal this case without delay.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
E-mail: ag@attorneygeneral.gov.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
