UPDATE (Sri Lanka): Torture victim shot dead while seeking justice

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that a torture victim as well as a complainant in a bribery case against the police was assassinated by unidentified gunmen while driving with his son on 20 September 2008. Before this assassination took place, the victim had repeatedly asked relevant authorities for protection for his family. However, his requests were ignored.

UPDATE INFORMATION:

Mr. Siyaguna Kosgodage Anton Sugath Nishantha Fernando,who was a complainant in a torture case before the Supreme Court (Case No. SCFR. 446/07) and a bribery case before the High Court (Case No. Bribery/1658/2006) against several police officers attached to the Negombo Police Station. On 23 June 2008, four men hired by the police threatened to kill his family unless Nishantha Fernando withdrew the case pending in the Supreme Court. The victim had filed this case in the Paliyagoda Criminal Division (Case No. SIIB 345/266) on the same day. (Please refer to AHRC-UAC-141-2008)

According to detailed information received, about 10am on September 20, Nishantha Fernando was driving his van with his 11-year-old son. Two persons on a motorbike came from behind and shot him at the Dalupotha junction, Negombo. A witness said that one assassin fell from the motorbike but managed to remount and they fled towards Chilaw. Nishantha was rushed to the Negombo hospital where he was pronounced dead. Fortunately his son was unharmed.

After the death of Fernando, his widow stated that they have no other suspects except the police officers against whom her husband was pursuing two cases of bribery and a fundamental rights case regarding torture. The government has not taken any steps to remove from the area those police officers named as accused and respondents in the two cases.

Meanwhile, it is reported that the respondents in the Supreme Court case are: Senior Superintendent of Police (SSP), Premasiri Vithanage, SSP’s Office Negombo; Superintendent of Police, Mahanama, SSP’s Office Negombo; Somarsiri Liyanage, Officer-in-Charge, Head Quarters, Police Station, Negombo; Inspector of Police Priyadarshana, Negombo Police Station; Inspector of Police Subasinghe, Negombo Police Station; Inspector of Police Bandara, Negombo Police Station; Inspector of Police Silva, Negombo Police Station; Sub Inspector Abeynayake, Negombo Police Station; Sub Inspector Rohana, Negombo Police Station; PC Leelasena, 19999, Negombo Police Station; PC Nihal, 51750, Negombo Police Station and Sergeant Silva, Negombo Police Station. The accused in the bribery case is Inspector of Police, Mahagamage Dhamadasa.

The AHRC is of the opinion that a competent, independent authority should be set up to investigate the death of Nishantha Fernando since several police officers attached to the Negombo Police Station are involved in the torture case.

ADDITIONAL INFORMATION:

Judging from previous experience, the AHRC has reason to believe that there will be an attempt to cover up this case and to create the impression that inquires are taking place while, in fact, perpetrators directly or indirectly are given impunity.

For further details and an analysis of this case, please refer to statements:

AHRC-STM-246-2008: SRI LANKA: Another complainant in a torture case shot dead

AHRC-OLT-022-2008: SRI LANKA: A man who sought your protection against death threats from police officers in Negombo was shot dead yesterday

AHRC-STM-247-2008: SRI LANKA: The government and the state media is silent about the murder of the complainant in a bribery and a torture case

ADDITIONAL COMMENTS:

A proper mechanism to protect witnesses or victims in cases where the police are perpetrators of crimes does not exist in Sri Lanka. A bill called ‘Assistance and Protection of Victims of Crime and Witnesses’ was introduced into the Parliament on 18 June 2008 and is under consideration. However, concerns remain about the bill due to the lack of protection for the victims of crimes 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 a bribe, to the torture of a whole family, to the making of death threats. The lives of ordinary people are constantly disturbed by these types of threats.  Complaints made to state agencies produce little if any change in the situation. The case of the death of Gerald Perera is indicative. A police officer who gave a statement at an early stage at the Magistrate’s Court has received threats to change his statement. (AHRC-STM-141-2008)

SUGGESTED ACTION:
Please write letters to the government authorities listed below urging them to immediately set up a competent and independent investigative authority. Please also urge them to provide full protection for the family members of the deceased.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the question of torture calling for an intervention in this case.

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