[RE: UP-23-2005: Gerald Perera’s murder trial may not begin for another 5-7 years, UP-14-2005: The assassin of Gerald Perera has been arrested by the Criminal Investigation Department, UP-76-2004: Gerald Perera died after gunshot; His family needs urgent protection, UP-74-2004: No action from the government to protect torture victim even after attempt on his life, UA-157-2004: Torture victim pursuing criminal torture case shot; UP-47-2002 (RE: UA/18 and 19/2002 – Torture by police, impunity and denial of proper rehabilitation; UP-44-2002 (RE: UA/18 and 19/2002 – Torture by police, impunity, denial of proper rehabilitation]
Dear friends,
It is now four months since torture victim Gerald Perera, who was shot by an unknown person on 21 November 2004, succumbed to his injuries on 24 November 2004 at the Colombo Hospital, Sri Lanka. He was murdered a few days before giving evidences in the court against his torture perpetrators.
Despite the assassin and police officers who masterminded Gerald’s murder being arrested, Gerald Perera’s murder trial may begin 5-7 years (or more) later as the case is being treated as a routine case of murder. It means that the alleged perpetrators have at least ten years to enjoy their liberty. In the meantime, the murder case of Judge Ambepitiya–who was killed two days before Gerald Perera was shot–is already fixed for trial at bar.
The decision whether Gerald Perera’s hearing is delayed for many years or is heard speedily now lies in the hands of the Attorney General. We again call for your strong action in this matter. Please send a letter to the Attorney General of Sri Lanka urging him to ensure a speedy trial in this case.
To see the AHRC’s previous urgent appeals on Gerald’s case, please go to see: UP-23-2005, UP-14-2005, UP-79-2004, UP-76-2004, UP-74-2004, UA-157-2004, MR-13-2002, MR-15-2002, AS-07-2003, UP-47-2002, UP-44-2002]
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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REMINDER OF THE CURRENT SITUATION OF GERALD’S CASE:
While the murder case of Judge Ambepitiya–who was killed two days before Gerald Perera was shot–is already fixed for trial at bar, it may take 5-7 years–or even more–before Gerald’s case is even begun to be heard at the high court. Despite Gerald being a witness waiting to give evidence in a criminal case when the accused in the case allegedly murdered him, and despite the enormous social concern expressed at this case, it is being treated as a routine case of murder. What this means, is that a further year or more will be taken at the Magistrate’s Court for the non-summary inquiry to be completed, then 2-3 years will be spent at the Attorney General’s department before the indictment is filed, after which a further 2-4 years will be required for the case to be finally taken for trial. Add to that 2-5 more years for the hearing of appeals, and the alleged perpetrators have at least ten years to enjoy their liberty.
It is reported that in 85 per cent of the cases in Sri Lanka, the accused escape liability because they are able to frighten witnesses into not turning up in court. In Gerald Perera’s case, the perpetrators will have around seven years to harass the witnesses, if they so wish. In fact, the alleged motive for killing Gerald was to prevent him from giving evidence in court; the perpetrators have already taken action to eliminate witnesses. Furthermore, Gerald’s widow has even stated in court her fear of repercussions if the alleged perpetrators are at liberty. All of them, except for the alleged assassin, are police officers who have held various positions in and around the area where the alleged torture and killing of Gerald took place. They thus have many connections in the area.
SEND A LETTER TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
SEND A COPY TO:
1. 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 22 917 9016 (general)
2. Mr Leandro Despouy
UN Special Rapporteur on the independence of judges and lawyers
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Attorney General,
Re: SRI LANKA: Request for speedy trial in the murder case of the torture victim Gerald Perera
It is now over four months since torture victim Gerald Perera, who was allegedly murdered by very same perpetrators of his torture in order to prevent him from giving evidence in court. While I was glad to learn that the alleged perpetrators apprehended, I am shocked to learn that the actual trial in this case may take five to seven years. Meanwhile, a case of the murder of a judge which had taken place two days before the shooting of Mr. Perera has already been brought before a trial at bar. I see no reason at all not to place the case of Gerald Perera under a similar procedure. I understand that according to Sri Lankan law making a decision in this regard is in your hands.
I fervently request you to urge the Chief Justice of Sri Lanka to bring this case under the same procedure as in the case of Judge Ambepitiya and ensure a speedy trial in this case. Meanwhile, I am also of the opinion that the way to ensure the punishment for actual perpetrators in any crime is to ensure speedy trial.
Yours sincerely,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
