SRI LANKA: Men allegedly with the backing of police threaten petitioners to withdraw case

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that four members of a family received death threat by four men allegedly hired by police on 23 June 2008. It is reported that four men threaten the family members to withdraw the case which is currently pending under the Fundamental Rights jurisdiction at the Supreme Court, Negombo. Please intervene in this case and urge the authorities to immediately provide protection for them.

CASE DETAILS:

Sugath and his wife, Sandamali Padmi Peiris are petitioners of a fundamental rights case before Supreme Court, Negombo (Case No. FR. 446/07). They had been allegedly tortured after illegal arrest and detention by 12 police officers attached to the Negombo Police Station. Sugath had earlier made a complaint against Inspector of Police (IP) Mahagamage Dramadasa for soliciting a bribe of Rs. 5,000 (USD 46) about which the Bribery Commission has made inquiries and filed a case before the High Court of Colombo (Case No. B/1658/2006).

According to the information received, at 11am on 23 June 2008, the couple hired a three-wheeler (trishaw) bearing number 205/8025 driven by a driver called Ajith and were on the way to the Negombo Hospital to get treatment for Sugath’s wife. While the three-wheeler was waiting for a traffic signal near the Dalupatha Bridge on Colombo-Chilaw main road, four persons of two of whom Sugath identified as Niroshan and Namal stopped the three-wheeler.

Niroshan and Namal asked the couple to withdraw the case which is currently pending at the Supreme Court, Negombo before evening of the next day (June 24). They said if Sugath did not withdraw the application, they will kill them all. They further said that they had permission to do so from the Negombo police. Due to fear, the couple returned home without going to the hospital.

Just after the couple returned home, the four persons came to the gate of the house and started banging on it and shouting that they would kill the couple if the couple did not withdraw the case. Sugath did not open it but could identify the four persons through the gate the same men as he met near the bridge. Two unidentified persons were just staying without shouting or banging the gate.

The couple went to the office of Deputy Inspector General (DIG) in Paliyagoda where they met Mr. Sarath Jayassoriya, DIG whom instructed Assistant Superintendent of Police (ASP) Jagoda Arachchi and Officer-in-Charge (OIC) Samarajith to take immediate action. Then the couple made a complaint to Paliyagoda Criminal Division regarding the death threats (No. SIIB 345/266) on June 23.

Those who made death threats to withdraw the case are known to the couple as persons of criminal background usually hired for criminal activities after their release. The couple believes that these threats have been made at instigation of police officers who are respondents in the fundamental rights application.

All members of the family are now living in a fear of further harassment or death threats while in pursue of getting justice.

ADDITIONAL INFORMATION:

S.K.A.S Nishanta Fernando, made a complaint against an Inspector of Police (IP) who solicited a bribe of Rs. 5,000 (USD 46) from him and the Bribery Commission, having investigated the complaint, filed an action against this police officer at the High Court of Colombo.

On 12 November 2007, a police squad arrived in jeeps, motorcycles and three-wheelers and surrounded the house of Mr. Fernando. They assaulted him with fists, kicked when he fell down on the floor and trampled him until he fell unconscious. They also hit his wife with a pistol on her forehead and trampled her even after she fell to the floor. They slapped young daughter, Dilukshi, and hit her head. One police officer tried to remove her blouse, despite of her struggle against this. She was dragged to the police jeep and one officer tried again to lift her blouse. When she screamed, she was beaten. She shouted from the window asking someone to go and inform the grandmother. When she inquired where they were being taken, a police officer replied, ‘We are taking you to the beach to kill you.’ The young son, Anjana, was dragged to a wall and struck about the head, face and stomach. Due to this mistreatment he lost part of a tooth and his lip was split.

When Fernando regained consciousness only when he was inside the Crime Division of the Negombo Police Station and water had been thrown over him. One police officer was shouting that this fellow had to be killed and that the Senior Superintendent of Police (SSP) has said to do this. He was dragged out of the room and overheard an officer speaking over the phone to someone. ‘Sir, that is the thing that I am writing now. This fellow who half dead now is in front of me.’ Later, after their release all members of the family sought medical treatment and the medical reports confirmed their injuries. In an application made to the Colombo High Court in the bribery case, the High Court judge cancelled the bail granted to the police officer who was the accused in this case.

ADDITIONAL COMMENTS:

A proper mechanism in order to protect witness or victims in a case where police are alleged perpetrators does not exist in Sri Lanka. A bill called ‘Assistance and Protection of Victims of Crime and Witnesses’ was introduced to the Parliament on 18 June 2008 and is under consideration. However, concerns remain in the bill due to the lack of protection for the victims committed by law enforcement agencies and/or people hired by them.

This incident is just a mirror of what is happening today in Sri Lanka. It began with the soliciting of the bribe, to the torture of a whole family, and now the making of death threats has taken place. The lives of the ordinary people are so disturbed by this type of threat constantly and complaints made to state agencies produce little, if any change in the situation. The case of death of Gerald Perera is indicative and a police officer who gave a statement in earlier stage at the Magistrate Court has received threat to change his statement. (AHRC-STM-141-2008)

SUGGESTED ACTION:
Please write letters to the authorities listed below and urge them to immediately provide protection for whole family members and thoroughly investigate into the death threats.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on the Question of Torture calling for an immediate intervention in this case.

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