SRI LANKA: A court magistrate receives death threats prior to giving evidence in an inquiry 

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by another threat made against a judge in Sri Lanka.

According to the information we have received, former Magistrate of Wellawaya Magistrates’ Court, Janaka Bandara has recently received death threats by way of phone calls from unknown persons. These threats come prior to the commencement of an inquiry regarding Judge Bandara’s indictment scheduled for today (13 July 2005). He was threatened to resign from the Judicial Service and refrain from attending the inquiry to give evidence. Judge Bandara has been indicted by the Judicial Service Commission after he issued a warrant on Senior Superintendent of Police Sherief Deen, who was alleged to be involved in a fatal accident case. The demand that he should resign is directed towards exculpating the persons who are behind the interdiction, which has been largely perceived as unjust.

This is yet another case of threats and attacks carried out against judges in Sri Lanka. The AHRC previously reported the assassination of High Court Judge Sarath Ambipitiya that took place on 9 November 2004. (See further: AS-48-2004, AS-56-2004, AS-75-2005). If judges do not have protection, the administration of justice cannot function. The death of Judge Ambipitiya undoubtedly had a chilling effect on the people of Sri Lanka. The recent death threats made against Judge Bandara will inevitably revive these fears.

We strongly urge you to intervene in this matter immediately. Please urge the Sri Lankan authorities to provide effective protection to Judge Bandara and his family immediately, investigate the alleged threats against him, and bring the perpetrators to justice.

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

Name of the victim: Judge Janaka Bandara, a former Magistrate of Wellawaya Magistrate’s Court
Alleged perpetrator/s: Unknown
Case status: Judge Bandara was interdicted by the Judicial Service Commission after issuing a warrant on Senior Superintendent of Police Sherif Deen. He has since received death threats prior to his attending an inquiry about his indictment scheduled on 13 July 2005

Case details:

It is reported that former Magistrate of Wellawaya Magistrate’s Court, Janaka Bandara has received death threats by way of phone calls, demanding that he resign from the Judicial Service and refrain from attending an inquiry regarding his indictment by the Judicial Service Commission scheduled for 13 July 2005.

It is believed that these threats stem from Judge Bandara issuing a warrant on Senior Superintendent of Police Sherief Deen, who was alleged to be involved in a fatal accident case but whose driver was produced before a court as the culprit.  Judge Bandara issued a warrant to produce Mr Deen before court after hearing evidence of the alleged actual culprit.  However, mysteriously the magistrate himself was interdicted by the Judicial Service Commission.

Judge Bandara’s interdiction caused one of the most vocal protests from the Bar Association of Sri Lanka and from other sources in the country. The Bar Association and other groups demanded a fair inquiry into this case.

The AHRC is deeply concerned by this serious case. If judges themselves are prevented from carrying out their duties and are not provided any protection, there cannot be independence of judiciary or any expectation of justice for any other citizen.

The AHRC therefore calls for the Judicial Service Commission to act immediately to protect Judge Bandara from the dangers he faces.  The Inspector General of Police and the Attorney General of Sri Lanka must ensure that a complete and impartial inquiry is held into the death threats against Judge Bandara by a special unit of investigation and bring responsible persons to justice. The Sri Lankan authorities should also provide 24 hour protection to Judge Bandara at his home and also when he travels.

SUGGESTED ACTION:
Please send a letter, fax, or email to the persons listed below and express your deep concern about this case.

 

 

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