(The following letter was sent today to the following Sri Lankan authorities: Inspector General of Police, Ministry of Disaster Management and Human Rights, Human Rights Commission of Sri Lanka, National Police Commission and the Rapporteur on the Question of torture and other cruel and inhuman treatment).
October 13, 2008
Professor Rajiva Wijesinha, Secretary
Ministry of Disaster Management and Human Rights
2, Wijerama Mawatha
Colombo 7
SRI LANKA
Fax: +94 11 269 3284
E-mail: info@dmhr.gov.lk
Dear Professor Wijesinha,
Re: Serious threats to the widow of
Sugath Nishanta Fernando, who was one of the Petitioners in the fundamental rights violation, allegedly by 12 police officers, was one out of the four victims who complained of being beaten up by these officers on November 12, 2007. On June 23, 2008 four persons, two of whom were named by the late Mr. Fernando and his family, threatened to wipe out the entire family if he did not withdraw the petition filed in the Supreme Court within 24 hours. After having made complaints to all the Sri Lankan authorities he went into hiding for several weeks and when he returned he was assassinated by two persons on the morning of September 20. Ever since Mr. Fernandos widow has complained about receiving threats to her and her family.
In giving evidence before the Magistrate’s Court of Negombo at the inquest, Mrs. Fernando and the two children narrated a moving and shocking story of the constant harassment by several police officers who were pressurizing them not to attend court in the bribery case and to withdraw the petition before the Supreme Court. All three of them, including the two children who are in their early teens, gave details of the names of the persons who have harassed them and their untiring efforts to call on the Bribery Commission, the Inspector General of Police and other Sri Lankan authorities to give them protection. The family informed the magistrate that they are living under threat.
Mr. Fernando, now being out of the way, the latest threat is Mrs. Fernando, who has participated in all matters relating to the problems of her husband and who was herself a victim of being beaten up at her own house by a group of policemen, about which the fundamental rights application was filed. Many concerned persons are seriously worried that she will be the next target. The next date of the hearing of the bribery case is on December 12. Mrs. Fernando is to give evidence on that date and it is seriously feared that she may be assassinated before then.
Further enhancing the fears, actions against several police officers is expected to be filed in the near future under the CAT Act, Act No. 22 of 1994. As Mrs. Fernando would be the chief witness in this case once again there is very reasonable ground under the present circumstances in Sri Lanka to expect that the danger level to her would rise sharply. Her two young children are the other victims of torture and therefore, are also eye witnesses.
Being complainants and witnesses in cases under the CAT Act is an extremely risky affair in Sri Lanka now. While the most visible examples of assassination of witnesses in torture cases is the case of Gerard Perera and Mr. Sugath Nishanta Fernando there are many others known to the Asian Human Rights Commission who have abandoned their cases out of fear.
Ironically the police officers who made reports to the Magistrate’s Court about the murder of Mrs. Fernando included several respondents in the fundamental rights case filed by the Mr. Fernando and his family. While the family has expressed clearly that it is the police officers who had assaulted them before that they suspect of the murder, some of these police officers were among the investigators.
Despite of severe local and international reaction to Mr. Fernandos assassination no successful inquiry has been held in to the case and the family and the associates of the family are extremely skeptical about the purported investigations that are said to be ongoing.
The failure to properly investigate and punish persons in Gerard Pereras case has become an encouragement to those who engage in similar acts of torture to feel that the law will not catch up with them. Mr. Fernandos assassination has enhanced such feelings and emboldened anyone to harass the week and innocent citizens who fall victims of torture and other forms of abuse by the state.
Under these circumstances we urge all the Sri Lankan authorities once again to provide effective protection to the widow and children of Sugath Nishanta Fernando. Our earlier requests for protection for Mr. Fernando were completely ignored. We hope that at least now, the authorities will wake up and take appropriate action to provide protection to the widow and children of Mr. Fernando and others who pursue cases against the state officials.
Thank you
Yours sincerely,
MOON Jeong Ho
Programme Officer
Asian Human Rights Commission
