UPDATE (Sri Lanka): Further threat to the life of torture victim Channa Prasanna Fernando

(UP-01-2005: SRI LANKA: Police officers interdicted regarding three torture cases of Gerald Perera, Lalith Rajapakse and Channa Prasanna Fernando; UP-54-2004: SRI LANKA: Urgent protection is necessary for the torture victim; UA-122-2004: SRI LANKA: Second torture of a torture victim who was kidnapped by the perpetrator issued on 22 September 2004)

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned for the safety of torture victim, Mr. Channa Prasanna Fernando, after he was threatened yet again on 6 January 2005 regarding the torture case he has brought forward against Sergeant Subasinghe. 

This incident comes just one day before Mr Fernando is to give evidence in court regarding two cases against Police Sergeant Subasinghe who is under interdiction regarding the torture of Mr Fernando on 10 December 2002. Sergeant Subasinghe has allegedly abducted Mr Fernando between 15 and 17 September 2004, where he was subjected to torture, in an effort to suppress his evidence relating to the torture case. (See further: UP-01-2005, UP-54-2004, UA-122-2004)

The killing of Gerald Perera while awaiting to give evidence in December 2004, demonstrates the importance and need for protection for key witnesses, such as Mr Fernando, in torture cases. We ask you to intervene, so that Mr Fernando does not meet the same fate as Mr Perera, in his quest for justice. Please write a letter to the Sri Lankan authorities urging that urgent protection be provided to Mr Fernando and that all possible is done to ensure his safety.?Please also ask that an inquiry be made into this matter and that all suitable steps are taken to prevent further harm to the life and liberty of Mr Fernando.

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

Name of victim: Mr Channa Prasanna Fernando, 27 years old
Place of incidence: Kamkaru Sevana at Minuwangod Road, Ekala
Date of incidence: 6 January 2005

At 00:20am (12:20am) on 6 January 2005 (today), Mr Fernando was sleeping at Kamkaru Sevana at Minuwangod Road, Ekala, when he heard a noise. Upon waking, Mr Fernando saw two persons standing at his window, with the window having been forced open. He immediately ran to the room of Father Reid Shelton Fernando, who is the chief occupant of the premises. He told Father Reid Fernando what had happened and they both went to examine the area near the window and found that the window had been forced open. Father Fernando has stated that this window and two others near by are never kept open, particularly at night.

Upon making further inquiries with the staff at Kamkaru Sevana, it was learned that three persons, none of whom were known to staff, had gone to the premises around 4:30pm on the afternoon of 5 January. There they tried to make inquiries into Mr Fernando’s whereabouts, but the staff became suspicious (because the persons refused to reveal their identities) and therefore did not divulge any information. 

This incident comes just one day before Mr Fernando is to give evidence in court against Police Sergeant Subasinghe who is under interdiction regarding the torture of Mr Fernando on 10 December 2002. Sergeant Subasinghe has been interdicted and charged in Negombo High Court for causing hurt and abducting Mr Fernando and the case is to be heard again on 7 January 2005. Previously, Sergeant Subasinghe has allegedly abducted Mr Fernando in an effort to suppress his evidence relating to the torture case. On 15 September 2004 Mr Fernando was taken by a group of people including the said Sergeant Subasinghe, and over the next two days Sergeant Subasinghe visited him, tortured him and finally forced him to provide a letter withdrawing the charges against him and a further letter to his mother stating that he was committing suicide of his own free will. He stayed in a shelter out of fear after the incident but due to severe head pains he entered the Ragama Teaching Hospital on the morning of September 27. However he went into hiding again after he saw a close associate of Sergeant Subasinghe who was accompanied by a group of persons hovering around the ward, which made him fear that a third attack might take place upon him. 

Since that time, Mr Fernando has been living in hiding in different locations fearful for his life. The killing of Gerald Perera while awaiting to give evidence into his own torture case, demonstrates the lengths police perpetrators are willing to go to, in order to have these cases withdrawn.

Regarding both the first incident of torture and the second case of kidnapping, torture and attempted murder, complaints have been made to all Sri Lankan authorities including the Inspector General of Police, the Attorney General, the National Police Commission and the Human Rights Commission of Sri Lanka.

The AHRC is gravely concerned by another attempt on the life of Mr Fernando and urges the Sri Lankan government to immediately take action to provide urgent protection to Mr Fernando. The government must inquire into this matter and take all suitable steps to prevent further harms against Mr Fernando. The Sri Lankan government also should strictly implement the CAT Act, and introduce effective legislative measures for witness protection in order to eliminate the torture in Sri Lanka. 

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below to express your concern regarding the seriousness of this case.

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