Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of a disturbing incident that took place at the Wennipuewa police station on 6 June 2006, when two human rights defenders accompanied a torture victim to attend an internal police inquiry at the Assistant Superintendent of Polices (ASP) office.
The police inquiry was being conducted in relation to the alleged torture of Daundage Pushpakumara Rodrigo by Mahinda Gamini Samarakoon, then Officer in Charge at the Saliyawewa Police Post, Puttalam, on 1 September 2003. This case is also before the High Court in Chilaw, HC 24/2004 with the next date scheduled for 4 July 2006.
According to the information we have received, on June 6 Daundage Pushpakumara Rodrigo was requested to appear for the second time for the police inquiry being conducted at Wennipuewa police station. Due to the fact that there have been threats on his life, he was accompanied by Anton Ignatious Perera and Richart Patrick Rosary, from the Human Rights Organization ‘Home for Victims of Torture’ which is also affiliated with the AHRC.
The inquiry was scheduled to begin at ten in the morning, however despite the presence of Daundage Pushpakumara Rodrigo, his mother and uncle, the inquiry did not begin until 10.30am when the prosecuting officer, the chief inspector arrived at the ASP office. Over the next hour the inquiry took place, with the questioning of Daundage Pushapakumara Rodrigo, whilst the two human rights defenders were situated outside of the police station but within the premises. At about 11.30-11.45am the Chief Inspector left the ASP office to inquire as to the attendance of the presence of each person in the vicinity. The Chief Inspector questioned whether Anton Ignatious Perera and Richart Patrick Rosary were from the Human Rights Organization to which they responded they were. After which, the Chief Inspector asked for their identity cards, to which Anton Ignatious Perera produced his National Identity card, only to be scolded by the Chief Inspector who wanted his Human Rights Identity card, following which he told the two men that he could not trust them and proceeded to shout at them to get out. Anton Ignatious Perera and Richart Patrict Rosary then promptly left the premises remaining on the roadside, whilst the Chief Inspector returned to the inquiry.
Daundage Pushpakumara Rodrigo reported he felt that during the inquiry, the inquiring officer was supporting Mahinda Gamini Samarakoon. This was because the inquiring officer would ask Mahinda Gamini Samarakoon as to which questions he would like asked of Daundage Pushpakumara Rodrigo. In addition, two of the officers present in the room continuously questioned the relevance of some of the inquiring officers’ questions, as they were not with relation to the alleged torture, but with regards to the support being given to the applicant in the pursuit of his complaints against this man.
Following the conclusion of the inquiry, Mahinda Damini Samarakoon in the company of all who attended the inquiry, issued that the two men who had been chased away from the premises had come to the inquiry with the intention to murder him, and that as a result he wished to lodge a police entry against these two persons. According to Daundage Pushpakumara Rodgrigo, Mahinda Gamini Samarakoon continued to issue and even shout about this both inside and outside the ASP office. As a result, Daundage Pushapkumara Rodrigo promptly went to find Anton Ignatious Perera and Richart Patrick Rosary, and informed the two human rights defenders of what had been said, and as such they immediately caught the next bus back to the office of the Home for the Victims of Torture.
Anton Ignaitous Perera and Richart Patrict Rosary are fearful that a complaint will be lodged against them with regards to these false allegations of an attempt to murder and are deeply distressed considering their attendance at the inquiry was simply to accompany Daundage Pushpakumara Rodrigo.
SUGGESTED ACTION:
Please write to the Attorney General and ask that he look into this matter and inquire into whether any false allegations have been made by OIC Samarakoon against Anton Ignatious Perera and Richart Patrick Rosary. Please also ask that he ensures that the inquiry is being conducted in a fair and legal manner.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr. Kamalasabesan
SRI LANKA: Threats made against two human rights defenders by the Wennipuewa police
I write in regards to a disturbing incident that occurred on 6 June 2006 at the Wennipuewa police station. On that day two human rights defenders, namely Anton Ignatious Perera and Richart Patrick Rosary, from the Human Rights Organization 'Home for Victims of Torture', attended the Wennipuewa police station to lend their support to alleged torture victim, Daundage Pushpakumara Rodrigo. Daundage Pushpakumara Rodrigo was required to attend a police inquiry at the Wennipuewa police station in relation to his alleged torture by Mahinda Gamini Samarakoon, then Officer in Charge at the Saliyawewa Police Post, Puttalam, on 1 September 2003.
During the inquiry, and when the Chief Inspector inquired into the presence of each person in the vicinity, he approached and questioned whether Anton Ignatious Perera and Richart Patrick Rosary were from the Human Rights Organization to which they responded they were. The Chief Inspector then scolded and threatened the two human rights defenders and told them to go away. The two men immediately left the premises but remained close by.
Meanwhile in the inquiry room itself, Daundage Pushpakumara Rodrigo reported he felt the inquiring officer was supporting Mahinda Gamini Samarakoon. This was because the inquiring officer would ask Mahinda Gamini Samarakoon as to which questions he would like asked of Daundage Pushpakumara Rodrigo. In addition, two of the officers present in the room continuously questioned the relevance of some of the inquiring officers' questions, as they were not with relation to the alleged torture, but with regards to the support being given to the applicant in the pursuit of his complaints against this man.
Following the conclusion of the inquiry, Mahinda Damini Samarakoon in the company of all who attended the inquiry, issued that Anton Ignatious Perera and Richart Patrick Rosary had come to the inquiry with the intention to murder him, and that as a result he wished to lodge a police entry against these two persons. Daundage Pushapkumara Rodrigo therefore promptly went to find Anton Ignatious Perera and Richart Patrick Rosary, and informed them of what had been said, and as such they immediately caught the next bus back to the office of the Home for the Victims of Torture.
Anton Ignaitous Perera and Richart Patrict Rosary are fearful that a complaint will be lodged against them with regards to these false allegations of an attempt to murder and are deeply distressed considering their attendance at the inquiry was simply to accompany Daundage Pushpakumara Rodrigo.
In light of this I ask that you inquire into this incident and establish whether any false allegations have been made by OIC Samarakoon against Anton Ignatious Perera and Richart Patrick Rosary. If they have, I trust that this will be dealt with accordingly given the absurdity of the allegations. I also ask that you ensure that the inquiry into the torture of Daundage Pushpakumara Rodrigo is held in a fair and lawful manner and that special treatment is not afforded to the accused given his police background.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
PLEASE SEND COPIES OF YOUR LETTER TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is the contact for the Secretary to the President)
Email: secretary@presidentsoffice.lk
2. National Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
3. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
4. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk
5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
