[RE: UA-176-2004: SRI LANKA: Another alleged police murder of a man by the Moratuwa police; UP-05-2005: SRI LANKA: Mt. Lavinia police’s apparent inaction to arrest/prosecute those responsible for the death of a torture victim, Mr. M. Ranson Peiris]
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UP-142-2006: SRI LANKA: Court hearing of a torture case postponed 22 times due to deliberate inaction by the police
SRI LANKA: Denial of justice; deliberate delay of court proceedings by the police; impunity; un-rule of law
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Dear friends,
The AHRC has received further information that the Mt. Lavinia police, who is in charge of the investigation into the death of Mr. M. Ranson Peiris, are continuing to purposely evade being present at the non-summary inquiry being held at the Moratuwa Magistrate Court (Case No. 67417NS/2004). They have now been absent at the court inquiry 22 times that caused a great delay of justice to the victim’s family. Mr. M. Ranson Peiris died on December 6 2004 due to injuries sustained from brutal torture by two sergeants of the Moratuwa Police Station on the previous day. (See further: UA-176-2004 and UP-05-2005)
On December 5, 2004 Ranson Peiris was arrested and was brutally tortured by sergeants named Silva and Jayantha Ferera of the Moratuwa police station. They then admitted the severely injured and unconscious Mr. Peiris to the Lunawa Hospital under a fictitious name. As his condition was serious he was then transferred to the Kalubovila Hospital and thereafter to the National Hospital, Colombo. However Ranson Peiris succumbed to his injuries on the following day (December 6).
The Judicial Medical Report has revealed that Ramson Peiris had been assaulted with a blunt weapon. Accordingly the inquest into the death of Ramson Peiris began in the Moratuwa Magistrates Court on December 7. Then on December 13, an open verdict was given and investigations were handed over to the Criminal Investigations Unit of the Mt. Lavinia police station. But the OIC of that unit failed to appear in court. Thereafter Non-Summary Inquiry No. 67417 began before the Magistrates Court of Moratuwa and on three consecutive court dates viz. on December 14, 15 and 16, the OIC failed to appear in court and the case was postponed to 5 January 2005. On this date the Magistrate sent notice to the SSP to appear in court and fixed the case for 19 January 2005 on which date the case was again postponed to January 26.
Since January 26, the case has been postponed 22 times until 1 June 2006. Most often than not, the case had been postponed either for the want of legal advice from the AG or because the police had failed to produce some vital document in court. These dates are as follows:
02.02.2005, 16.02.2005, 09.03.2005, 14.03.2005, 23.03.2005, 10.05.2005, 11.05.2005, 18.05.2005, 02.06.2005, 23.06.2005, 28.07.2005, 08.09.2005, 14.09.2005, 18.10.2005, 20.10.2005, 01.12.2005, 14.02.2006, 21.02.2006, 09.03.2006, 27.04.2006, 22.05.2006 and 01.06.2006.
The last date of the case hearing at the court was fixed for 6 July 2006 but on this date too it was postponed. Therefore it seems that after a police suspect was needlessly killed by police brutality, the police are now conniving together to thwart the course of justice. It has also been revealed that the alleged perpetrators continue in police service and are unduly influencing the investigations into the incident including interfering with witnesses. The court delays highlighted above is only aiding the perpetrators to escape justice.
Janasansadaya, a local human rights organisation has written to the Attorney General on behalf of the victims family informing him of the above mentioned pathetic situation and also seeking immediate remedial action to ensure justice is served even at this late stage.
SUGGESTED ACTION:
Please write to the local authorities listed below and urge them to take strong action to speed up the case proceedings in the court and investigate an allegation of deliberate delay of court proceedings by the police.
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SAMPLE LETTER
Dear ________,
SRI LANKA: Ransom Peiris tortured to death at the Moratuwa police station and the suspects abscond the magisterial inquiry
Name of victim: Ranson Peiris (deceased), 59 years at the time of death, married with seven children, a carpenter by occupation, resided in Egodauyana, Moratuwa, Sri Lanka
Alleged perpetrators: policemen attached to the Moratuwa police station including two sergeants Silva and Jayantha Perera
Date of incident: Illegally arrested and tortured on December 5 2004 and died on the December 6 2004
This is a case of a man who was tortured to death at Moratuwa police station on December 5 2004. Much pressure was exerted in order to get inquiries done. Medical reports have confirmed that the man was assaulted with a blunt weapon. The inquiry was thereafter handed over to the Criminal Investigation Unit of the Mount Livinia Police, however, the Officer-in-Charge of the station has constantly failed to appear in court and therefore the case has been repeatedly postponed. By June 2006 the case has been postponed 22 times but the investigators are not appearing in court. The dates on which the case has been postponed are as follows:
02.02.2005, 16.02.2005, 09.03.2005, 14.03.2005, 23.03.2005, 10.05.2005, 11.05.2005, 18.05.2005, 02.06.2005, 23.06.2005, 28.07.2005, 08.09.2005, 14.09.2005, 18.10.2005, 20.10.2005, 01.12.2005, 14.02.2006, 21.02.2006, 09.03.2006, 27.04.2006, 22.05.2006 and 01.06.2006.
In this case the tactic of the investigating police is to avoid inquiry into the torture and the murder of the person by avoiding attendance at the inquiry at the magistrate’s court. Without this inquiry, indictments cannot be filed against the suspects. The alleged suspects named in the case by witnesses are reportedly continuing to work in the Sri Lankan police service.
While the Sri Lankan government talk at the UN Human Rights Council and to the media that all cases of torture and extra judicial killings are being investigated, this case in fact shows the reality of the situation. This is a blatant denial of justice and the subversion of the inquiry process.
I therefore urge you to take appropriate action to ensure a credible inquiry into this case and inquire as to the reasons for the investigating officers absconding from the court and also to ensure their attendance at the Magistrate’s Court inquiry. Action also needs to be taken for the negligence of these officers to carry out this torture and murder inquiry and also to see whether their neglect is due to bribery and extortion. I urge for an immediate prosecution and also reiterate that delaying justice is a denial and betrayal of justice.
Yours truly,
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SEND YOUR LETTERS TO:
1. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
3. Secretary
Human Rights Commission of Sri Lanka
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
4. Secretary
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. 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 9179016 (general)
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
