The state fails to respect UN Human Rights Committee¡¦s request to provide protection to a family of witnesses following the assassination of the husband
The Asian Human Rights Commission urges the Sri Lankan government to honour the request made by the Human Rights Committee under its rules of procedure to provide protection to a mother and two children who have complained of death threats by several officers of the Negombo area.
Ms. A.S. Sundamali Pathmini Peiris and her two children, a teenage girl and a boy complained that Sugath Nishanta Fernando, her late husband who was following two cases against several officers on bribery and torture, was assassinated on the 21st September 2008. He and the family had earlier received death threats from several officers in Negombo demanding that they not give evidence in the bribery case and withdraw the Fundamental Rights Application they filed against the police.
After the assassination, Ms. Peiris and the two children continued to receive death threats and had to flee from their home. As a result the two children have not attended school since their father¡¦s assassination. The family made complaints to the Inspector General of Police, other authorities and also to courts for protection. However, no action was taken to provide this.
On this basis Ms. Peiris and her children filed a communication under the Optional Protocol of the ICCPR with the United Nations Human Rights Committee complaining of threat to life and violation of many of their rights. The UNHRC admitted the communication on 12th February 2009 and considering the request for protection made by the mother and the two children, the UNHRC made the following order:
Under rule 92 of the Committee¡¦s rule of procedure, the State party has also been requested to take measures to ensure protection of Mrs. Annakkarage Suranjini Sandamali Pathmini Peiris and her family while her case is under consideration by the Committee.
This was communicated by the UNHRC to the Sri Lankan government through a letter dated 12th February 2009, issued by Ibrahim Salama, Chief of the Human Rights Treaties Branch.
However, despite of this request being communicated under the UNHRC¡¦s rules of procedure the government of Sri Lanka has taken no steps at all to protect the family. The family has been pursued by suspicious persons on many occasions and have also received threatening telephone calls. On the 13th June the family left Sri Lanka for a neighboring country to escape these constant threats. They returned to Sri Lanka on 26th August and stayed in hiding. However, their presence in the country was noted by their pursuers who began to follow them and also continued to make threatening calls.
On the 7th September after visiting court for an official purpose they were followed for several miles on their return journey by a suspicious group in a vehicle. They tried to avoid this group by changing routes, however, their pursuers continued to follow them. They also received threats that the house they were living in would be burned and that the family would be destroyed.
On the 10th September the Asian Legal Resource Centre, by way of a letter, informed the UNHRC that the Committee¡¦s request for protection had not been honoured and that still, the family is being pursued. The family believes that it is the same police officers whom they suspect to be behind the murder of Sugath Nishanta Fernando that is pursuing them. No one has been arrested for this murder although one year has elapsed.
The Asian Human Rights Commission urges the Sri Lankan government to discharge its obligations of protection to this family both as citizens as well as witnesses for several serious criminal cases in which the accused are some police officers from Negombo.
The text of the letter from the UNHRC is provided below:
UNITED NATIONS OFFICE AT GENEVA
REFERENCE: G/SO 215/51 LKA (19)
NO/sn 1862/2009
12 February 2009
Dear Mr. Francis,
I have the honour to inform you that your communication dated 6 February 2009, submitted to the Human Rights Committee for consideration under the Optional Protocol to the International Covenant on Civil and Political Rights, on behalf of Mrs. Annakkarage Suranjini Sadamali Pathmini Peiris et al. has been registered as communication No. 1862/2009. You are kindly asked. to refer to the registration number in any future correspondence.
Pursuant to rule 97 of the Committee¡¦s rules of procedure, a copy of the communication has been transmitted to the State party today, 12 February 2009, with the request that any information or observations in respect of both the question of admissibility and the merits of your communication should reach the Committee within six months.
Under rule 92 of the Committee¡¦s rules of procedure, the State party has also been requested to take measures to ensure protection of Mrs. Annakkarage Suranjini Sadamali Pathmini Peiris and her family while her case is under consideration by the Committee; The necessity of maintaining the request for interim measures of protection may be reviewed following receipt of the State party¡¦s comments; this request does not imply that any decision has been reached on the substance of the matter under consideration.
Any reply received from the State party will be communicated to you in due course to enable you to comment thereon, if you so wish.
For information, please find herewith a copy of the Committee¡¦s rules of procedure.
Yours sincerely,
(signed)
Ibrahim Salama
Chief
Human Rights Treaties Branch
