SRI LANKA: A torture victim is under imminent threats to his life due to the plotting of ASP Ranmal Kodithuwaaku 

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the continuous attempts on the life of and fabrication of charges against torture victim, Mr. Nimal Silva Gunaratne plotted by his main torture perpetrator ASP Ranmal Koddithuwaku, who is the son of the then Inspector of the Police (IGP) at the time of incident.

We were informed that, a shot was fired in the direction of Mr. Guneratne’s house on the evening of 6 March 2005, and Mr. Gunaratne saw three police officers in uniform and two other persons in plain clothes escaping from the scene in a white coloured vehicle. Despite his immediate complaint to the police, no action has been taken regarding this incident. The victim also reported that there have been three attempts in recent times to implicate him in fabricated cases. As a result, he has been arrested on several occasions and produced before courts. Mr. Gunaratne is now living in fear for his life and is also afraid of further attempts to implicate him in serious charges so that he may not be able to get bail.

Mr. Gunaratne had been arrested by the Panadurai police on 22 May 2000 and severely tortured by ASP Ranmal Koddithuwaku and his fellow officers. This resulted in the loss of his eyesight in one eye and several other serious injuries. He was also illegally detained for 96 days.

The AHRC calls for your urgent intervention in this case. Please urge the Sri Lankan authorities to provide immediate protection to Mr. Gunaratne and his family and conduct a proper investigation into the attempted shooting of and alleged fabrications of charges against the victim.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Nimal Silva Gunarantne, residing in Panadura, Ratnapura district, Sri Lanka
Alleged perpetrators: Assistant Superintendent of Poloce (ASP) Ranmal Kodithuwaaku
Case status: Attempts on the victim’s life and attempts of fabricating charges against the victim

Mr. Nimal Silva Gunaratne, a victim of one of the worst forms of torture alleged before the Supreme Court, complained to Sri Lankan authorities, including the Inspector General of Police (IGP), the Attorney General (AG) and the Human Rights Commission (HRC) of Sri Lanka, that the alleged perpetrator of torture, ASP Ranmal Koddithuwaku, has made attempts on his life through other police officers and has also attempted to implicate him in several fabricated charges.

The torture allegations against Mr. Gunaratne are well known in Sri Lanka and are the subject of a Fundamental Rights case before the Supreme Court bearing no. 565/2000. Furthermore, under the instructions of the Attorney General’s Department, a special criminal investigation has been conducted with the view to prosecuting a case of torture under CAT Act No.22 of 1994, against ASP Koddithuwaku. This case has also been referred to in the 2003 report of the UN special repporteur on the question of torture (Reference No.: Paragraph no. 1523-1524 of E/CN.4/2003/68/Add1)

Nimal Silva Gunaratne was taken to Panadurai police station on 22 May 2000, where he was placed in a torture chamber and kept under detention for 96 days. It was reported that ASP Ranmal Koddithuwaku, the son of the then Inspector General of Police, and his fellow officers from the Panadura Police Station, severely beat Nimal Silva Gunaratne, resulting in the loss of sight in one eye and several other serious injuries.

A Fundamental Rights Application was filed in the Supreme Court by the latter. However, the case in the Supreme Court has been postponed many times and pressure has been brought on Mr. Gunaratne and his family to settle the case, which he steadfastly refuses to do. Due to this there have been constant threats to Mr. Gunaratne and the family and as a result, he has constantly complained about this to higher police authorities and the HRC of Sri Lanka. Finally the Supreme Court concluded the hearing of the case on 15 November 2004 and judgement is awaited.

Meanwhile, Senior State Counsel Yasantha Kodagoda advised the Director of the Criminal Investigations Department in June 2002, to “cause a criminal investigation into the complaint, and upon conclusion of the investigation, forward the corresponding notes of investigation, enabling the consideration of institution of criminal proceedings”. This criminal investigation is now complete and is before the AG for prosecution.

It is under these circumstances that the threats to Mr. Guneratne and the family have allegedly increased. On 6 March 2005 at around 9:45pm, shots were fired from the direction of Mr. Gunaratne’s neighbour’s house where a police officer lives. Mr. Guneratne and his family lied on floor until they heard another neighbour calling to them, saying that the people who fired the shots were escaping. Upon looking through their gate they saw three police officers in uniform and two other persons in plain clothes running to a white coloured vehicle and escaping. Mr. Guneratne made an immediate complaint to the police, including the Senior Superintendent (SSP) and the Superintendent (SP) of the area. Police officers went to Mr. Guneratne’s house and took down statements but, no action has been taken regarding this incident.

Mr. Guneratne and his family have informed the HRC and the National Police Commission (NPC) but are naturally concerned that no action has been taken on the basis of these complaints. They are now living in fear and remain in hiding by moving from place to place.

Meanwhile, there have been three attempts in recent times implicate Mr. Guneratne in fabricated cases as a result of which, he has been arrested on several occasions and produced before courts. It was after the court was made aware of the conflict between ASP Koddithuwaku and Mr. Guneratne that he was released. Mr. Guneratne fears further attempts to implicate him in serious charges with a view to imprisoning him so that he may not be able to get bail.

However, the immediate concern for Mr. Guneratne and his family is the fear of assassination. Like others in Sri Lanka they are aware of the assassination of Gerald Perera who was killed while waiting to give evidence in court against police officers on torture charges. Furthermore, at the moment there is an anti-crime drive which has given enormous liberties for arrest and even extra judicial killing of persons once they are made to labeled as serious criminals. Given the rank and position of Mr. Koddithuwaku, Mr. Guneratne is afraid that action can be devised against him by exploiting this situation.

ASP Koddithuwaku has a notorious reputation. Just this month the Supreme Court issued leave to appeal in another fundamental rights case where a person alleged that he was assaulted in broad daylight by the said officer allegedly because he refused to give way to the officer’s car while the victim and the officer were driving on the same road. A cabinet minister who was an eye witness to the incident also gave statements in favour of the victim’s version. On a previous occasion the same officer allegedly threatened the director of human rights investigations of the HRC inside the Commission’s premises themselves. This officer is the son of a former IGP and due to the connections he has on this basis Mr. Guneratne and others believe that he has been protected from serious actions being taken against him. He is one of those officers who are alleged to be standing above the law.

The AHRC is gravely concerned about the security of Mr. Guneratne. We urge the Government of Sri Lanka to provide protection to the victim and his family as soon as possible and conduct a thorough inquiry into the attempted shooting and allegations regarding fabrication of charges against the victim so that those responsible are brought to justice. The prosecution against ASP Koddithuwaku and other responsible police officers must be brought under the CAT Act, Act No. 22 of 1994 on torture without further delay.

SUGGESTED ACTION:
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