UPDATE (Sri Lanka): Death threats to a torture victim’s family from accused police officers 

[RE: UA-50-2003: Torture of 14 year old child by police officers, UP-37-2003: The family of 14-year-old torture victim threatened by the police and a local politician; UP-47-2003: SRI LANKA: Torture victim’s family flees home due to police threats]

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned that the family of a torture victim Dawundage Pushpakumara has recently received severe threats several times by the accused police officers who forced them to withdraw the complaints related to the torture against them. The threats by the alleged perpetrators become serious as the victim’s case is to be heard for the first time at the Chilaw High Court on 9 February 2005. 

D. Pushpakumara, a 14-year-old boy at the time of torture, was tortured by the then Officer-in-Charge and other officers of the Saliyawewa Police Post in Putlam on 1 September 2003. He and his family have been constantly threatened by the police officers since filing the complaints and after the investigations started. Due to the threats, D. Pushpakumara has gone into hiding by the help of human rights groups.

The AHRC has warned to the Sri Lanakn authorities in several occasions that when high court cases coming nearer to being heard, then the victims of torture who are the complainants in these cases and their families face mortal danger. However, the Government has failed to establish “effective witness protection programme” and the victims of torture are still left to the mercy of the perpetrators.

We call for your urgent action in this matter. Please urge the Sri Lankan authorities to provide effective protection to the victim and his family immediately and conduct a proper inquiry into the allegation of threats to the victim’s family.

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

Dawundage Pushpakumara was (14 years old at the time of the torture incident) was arrested by six police officers from the Saliyawewa Police Post in Putlam on suspicion of theft on 1 September 2003. However, the police do not have any evidence that proved his involvement of theft. After he was taken to the the Saliyawewa Police Post, the then Officer-in-Charge and other police officers severely tortured him until the next day. He was released on 2 September 2003 and the police officers told his family that D. Pushpakumara was not a thief and the real culprit had been arrested on 5 September 2005. (See further: UA-50-2003)

Since filing the complaints and after the investigations started the police officers constantly threatened the family and even tried to prevent the boy from getting medical treatment. Thereafter the Child Protection Authority intervened and took the boy to Colombo for medical treatment.  Due to the fear of the family and the boy that his life was under threat he never returned to home after that and was given protection at a technical centre where he has stayed ever since. (Reference: UP-37-2003 and UP-47-2003)

However, the AHRC again received complaints from the family of D. Pushpakumara about threats to the life against them by the accused police officers who are forcing them to withdraw complaints including the criminal case which is to be heard in the Chilaw High Court for the first time on 9 February 2005 (Case No. H.C.24/2004/Chilaw High Court under CAT Act No. 22 of 1994).

The family complains of the following incidents:

1. On the 25 January 2005 a large group of police officers came to the family house of the victim and again threatened the family that they will be killed if they do not “withdraw the case”.

2. Then, on 29 January 2005 a leading local politician, D.M. Dasnayaka, arrived at the house of the victim and told the victim’s mother to withdraw complaints against police officers stating that “these officers are my men.”  The politician suggested that Rs. 250,000/= will be paid if the case is “withdrawn”.

3. On February 7 a group of six police officers came to the house of the victim and stayed there for a long time expecting that the victim’s mother would return home. These officers wanted to take the victim’s mother, his sister, who is a witness to the technical centre where the victim is boarded and under protection.  The officers wanted the mother and the sister to convince the boy to give evidence in court stating that the former OIC of Saliyawewa Police Post did not in fact assault him.  These officers promised that the victim will be paid all the expenses of his medical care and the police will also help him to have a house built for himself. This scheme to take the family did not materialize as the mother remained in hiding due to her fear of the police and therefore they could not take her to the place where the boy was staying.  However, for hours these police officers waited in the house, keeping a van ready to take them to where the boy.

4. On several occasions the step father of the victim one Mr. Kularatna and the victim’s sister, Indrani, who is a witness in the torture case were also threatened and they complain of attempts to involve them in fabricated cases as a punishment for pursuing their complaint of torture against D. Pushpakumara.

D. Pushpakumara has been staying in a technical training centre where he was given protection after there were threats to his life from the alleged perpetrators. A few days ago the former Officer-in-Charge of the Saliyawewa Police Post requested the priest who is charge of the centre to get the boy to “withdraw” the complaint.

The punishment for torture under the CAT Act of Sri Lanka (Act No. 22 of 1994) is seven years mandatory sentence and the prospect of such a punishment leads the alleged perpetrators of such crimes to engage in threats to the complainants and their families as demonstrated by several cases which have been brought to the attention of the Inspector General of Police, the Attorney General, the Human Rights Commission of Sri Lanka and the National Police Commission.  While in several cases the victims have been tortured twice and there has even been a case of attempted murder, in the case of Gerald Perera, he was assassinated eight days before he was due to give evidence before court. After inquiries the Criminal Investigating Department (CID) arrested three police officers who are accused in Gerald Perera’s torture case on charges of involvement in the murder.

When High Court cases coming nearer to the being heard then the victims of torture who are the complainants in these cases and their families face mortal danger.  There is “no effective witness protection programme” and the victims of torture are left to the mercy of the perpetrators.

The indictments on torture cases are filed after the Attorney General is satisfied that there is substantive evidence to proceed against the perpetrators for offenses under the CAT Act of Sri Lanka; he does on behalf of the state.  The state having filed such indictments is under obligation to protect the complainants and not to let them live like animals being hunted.

Concerning the urgency of this matter, the AHRC urges the Sri Lankan authorities to provide effective protection for D. Pushpakumara and his family. Investigation into the allegation of threats to the victim must be launched immediately on the basis that making such threats to witnesses itself constitutes criminal offenses. Again, the AHRC calls for the Government of Sri Lanka to develop an effective witness protection programme regarding all witnesses in criminal trials.

SUGGESTED ACTION:
Please send a letter, fax or an email to the Sri Lankan authorities requesting them to provide protection to the victim and his family immediately.

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