UPDATE (Sri Lanka): Life of Mr. Lalith Rajapakse likely to be in danger again

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Centre for Rule of Law (CRL), a human rights organisation working in Colombo, Sri Lanka regarding the case of Mr. Lalith Rajapakse, a victim of custodial torture. It is reported that Lalith’s life is at risk once again from the criminals operating in the country. It is reported that at about 3am on 25 May 2008 Lalith saw three unidentified persons approaching his house, of which two persons were armed with pistols. Before the persons reached his house Lalith left the house. Laith is fighting cases against police officers in Sri Lanka for torturing him when Lalith was detained in custody in 2006.

CASE DETAILS:

Lalith is a victim of custodial torture. He was tortured by Kandana police on 19 April 2002 after being taken to the police station in relation to a complaint. His life was saved on that occasion due to the intervention of human rights lawyers. Later he filed a case against the police officers who tortured him at the Negambo High Court under Act 22 of 1994, which is pending disposal. This case is posted for hearing on 17and 19 June 2008.

It is reported that on 25 May 2008 at about 3 am in the morning Lalith’s wife wanted him to accompany her since she wanted to use the toilet outside their house. Lalith stays with his family in a small hut in a paddy field. While Lalith was waiting for her wife to come out from the wash room, he saw three persons coming towards his house. Seeing the persons Lalith immediately sensed danger and walked away from his house asking his wife to go inside the house immediately.

Lalith then climbed on to the roof a nearby house under construction and watched from a distance what was going on. From top of the house under construction where Lalith had a good view of the paddy field where his house was, he could see that of the three persons approaching his house, two were holding pistols. Lalith could also see that the three persons were apparently looking for somebody, which Lalith assumes was him. The three persons did not however go to Lalith’s house, but searched the surrounding area and soon left. There is no other house immediately close to Lalith’s house in the paddy field. The house is also about 70 meters away from the main road.

Feeling unsafe to return to his house, Lalith spent the next few hours outside the house and later, after daybreak, called on his own mobile telephone, which he had left his house and enquired with his wife whether the persons who came towards their house came and knocked at his door. The wife informed him that they did not.

Later on the same day Lalith’s neighbour complained that a tricycle had disappeared from their house. Lalith and his wife went and met their neighbour and asked them when the tricycle has disappeared, for which they informed that the tricycle disappeared on the same night. Now it is revealed that these neighbours have filed a complaint against Lalith at the Kandana Police Station accusing Lalith has stolen the tricycle upon which the local police have registered a case against Lalith. Knowing this Lalith decided to contact his lawyer.

Lalith is now at a safe place. It is suspected that the three persons who came near Lalith’s house on 25 May 2008 was in fact looking for Lalith. It is also suspected that the persons were employed by the police officers against whom Lalith has filed charges for torture. Given the AHRC’s experience of dealing with police and criminal behaviour in Sri Lanka, it is equally possible that the police have registered a fabricated case against Lalith to get him into custody.

Lalith has faced similar threats in the past. In the past due to continuing threats against Lalith and his family the police had posted a security post in front of Lalith’s house, which was withdrawn later. For further information concerning these instances please see UP-50-2005, UP-29-2001 and UP-37-2002. (See further: AS-260-2007) Lalith’s case was also taken up at the UN Human Rights Committee in which the Committee had decided against Sri Lanka. For further details please see CCPR/C/87/D/1250/2004.

In a similar case involving another torture victim Mr. Gerald Mervin Perera, on May 20, prime witness of the torture case of Gerald Perera has also received threats to change his testimony before the court (AHRC-STM-141-2008). Gerald Perera was murdered by assassins appointed by the police officers against whom Gerald had filed his case of torture a few days prior to the date on which Gerald were to give his evidence in court in a trial against the police officers (UA-157-2004). For Gerald Perera’s case, see further AHRC-UAU-023-2008.

SUGGESTED ACTION:
The AHRC calls upon you to write to the government of Sri Lanka, particularly to the Attorney General and Inspector General of Police, to inquire into this matter urgently, and also provide all necessary protection to Laith.

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