[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; UP-12-2005: SRI LANKA: Death threats to a torture victim’s family from accused police officers]
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SRI LANKA: Intimidation to torture victim; urgent need for protection to the victim; impunity
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information concerning yet another alleged attempt to harm the torture victim Duwandage Pushpakumara by the alleged perpetrators on 26 September 2006, when his case was heard at Chilaw High Court. This is not the first incident of intimidation made by the alleged perpetrators. Since filing the complaint against the accused officer, Pushpakumara and his family have been constantly threatened and have had to flee his home (UP-37-2003, UP-47-2003 and UP-12-2005). The victim, who was a 14-year-old boy at the time of the incident, was tortured by the then Officer-in-Charge and other officers of the Saliyawewa Police Post in Putlam on 1 September 2003 (UA-50-2003).
On 26 September 2006, D. Pushpakumara was accompanied by a few others to attend the Chilaw High Court from Kandy for the purpose of which they traveled in a van. He had filed the complaint against Sub Inspector (SI) Samarakoon who was responsible for his torture in September 2003 (Case No. 24/2004 Chilaw High Court). On their way, they found that the son of the accused SI, who is also a police officer, with a gang of about ten to fifteen persons wearing civilian clothes followed their vehicle from Kandy in two vehicles. The two vehicles bore the registration numbers W.P.U.9562 and 262-9177 and there were also two motorcycles. These persons came to court and the friends who accompanied the D. Pushpakumara noticed their presence and heard some of their conversations.
On the way back to Kandy after the court hearing, D. Pushpakumara and his group decided to take a different route so as to escape the gang that was following them. However, the group of persons in the aforementioned vehicles kept following them. Fortunately, D. Pushpakumara’s driver was able to change some routes and to go to Colombo instead of towards Kandy and thus avoided the gang that was following them.
The victim’s case against the concerned SI has been before the Chilaw High Court for a long time and there have been many attempts in the past to pressurize the victim and his family to withdraw his complaints. For example, police officers of the Saliyawewa Police Post, as well as prominent politicians, are threatening to burn the family’s house if they pursue the complaint on this matter (UP-37-2003). Later on, D. Pushpakumara and his parents had to flee due to threats from the police (UP-47-2003). Moreover, He also received several death threats from the accused SI and other police officers before the first hearing of the criminal case against the concerned SI at the Chilaw High Court on 9 February 2005 (UP-12-2005).
The AHRC was also informed that there was also pressure on the human rights groups who are supporting the victim. We brought this to the notice of the police and other Sri Lanka authorities on earlier occasions but no serious action has yet taken to stop constant threats to D. Pushpakumara. Considering previous threats and harassment, we strongly believe that this was an attempt to kidnap the victim or do him harm. The AHRC therefore urges the Sri Lankan authorities to provide immediate and effective protection to the victim and take urgent action against those responsible for the threats to the victim.
Meanwhile, the accused SI is trying to prevent the case from being taken up in court. On many occasions when the case was to be taken up, he disappeared from the premises of the court and later sent in medical reports.
SUGGESTED ACTION:
Please write to the relevant Sri Lankan authorities listed below and express your serious concern about this case.
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SAMPLE LETTER
Dear __________,
SRI LANKA: Another alleged attempt to harm the torture victim Duwandage Pushpakumara (Case No. 24/2004 Chilaw High Court)
Name of the victim: Dawundage Pushpakumara (14 years old at the time of the incident)
The accused: Sub Inspector (SI) Samarakoon, the then Officer In Charge of Saliyawewa Police Post in Putlam
Duration and place of torture incident: from 1 September to 2 September 2003 at Saliyawewa Police Post in Putlam
I am writing to bring to your urgent attention the alleged attempted abduction of Duwandage Pushpakumara, who is the victim complainant in the torture case under Act No. 22 of 1994 at the Chilaw High Court (Case No. 24/2004 Chilaw High Court). The accused of the case is Sub Inspector (SI) Samarakoon, the then Officer In Charge of Saliyawewa Police Post in Putlam.
According to the information I have received, on 26 September 2006, when D. Pushpakumara was accompanied by a few others to attend the Chilaw High Court from Kandy for the purpose of which they were traveling in a van, he found that the son of the accused SI, who is also a police officer, with a gang of about ten to fifteen persons in civilian clothes followed their vehicle from Kandy in two vehicles. The two vehicles bore the registration numbers W.P.U.9562 and 262-9177 and there were also two motorcycles. These persons came to court.
On the way back to Kandy after the court hearing, D. Pushpakumara and his friends were followed the group of persons in the aforementioned vehicles even though they took several different routes to escape them. Fortunately, at last, they were able to avoid the gang that was following them.
I am deeply concerned by the security of D. Pushpakumara. In fact, this incident is the latest threat to the victim. While the victim’s case against the concerned SI has been before the Chilaw High Court for a long time, there have been many attempts in the past to pressurize the victim and his family to withdraw his complaints. For example, police officers of the Saliyawewa Police Post, as well as prominent politicians, are threatening to burn the family’s house of D. Pushpakumara if they pursue the complaint on this matter. Later, D. Pushpakumara and his parents had to flee due to threats from the police. He also received several death threats by the accused SI and other police officers before the first hearing of the criminal case against the concerned SI at the Chilaw High Court on 9 February 2005.
Considering these previous threats and harassment, I strongly believe that this was an attempt to kidnap the victim or do him harm in order to stop him to pursue the case. I therefore, strongly urge you to take immediate action to provide immediate and effective protection to the victim and take urgent criminal action against those responsible for the threats to the victim. The victim should be provided escort when he goes to and returns from attending court for the purpose of attending trial of this case. I also hope that you will put your effort to introduce witness protection as an important component of the work of the police.
I also want to draw your attention that the accused SI has been intentionally obstructing the court process to delay it. On many occasions when the case was to be taken up the accused disappeared from the premises of the court and later sent in medical reports. I therefore urge you to take adequate action to prevent such actions by the concerned SI so that the case will not be unduly delayed.
Yours truly,
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PLEASE SEND 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
Email: secretary@presidentsoffice.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. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
4. 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
5. 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: npcgen@sltnet.lk
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
