UPDATE (Sri Lanka): Gerald Perera died after gunshot; His family needs urgent protection

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-76-2004
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) is very sorry to inform you that Mr. Gerald Perera, a torture victim who was shot by an unknown person on 21 November 2004, succumbed to his injuries at around 1:00pm local time on 24 November 2004, at the Colombo Hospital, Sri Lanka. (See further: AHRC statement AS-51-2004 and AHRC press release AHRC-PL-100-2004)  Mr. Gerald Perera had been in a critical condition since he was shot on November 21. He leaves behind a wife and three children, the youngest of whom is eight-months’ old.

A complaint to the police was made within moments of the incident followed constant interventions at the domestic and international level to the Sri Lankan authorities on this issue. The local and international media also had given broad coverage to this murder.

However, so far no person has been arrested or produced before a court in connection with this heinous crime.  This is despite the fact that the murder has been shown clearly to be linked to a torture case in which Gerald Perera was to give evidence in the Negombo High Court.  He was due to give evidence in court against seven police officers accused of torture on 2 December 2004.  

Representations regarding the case have been made to the government through the Inspector General of Police, the Attorney General, the National Police Commission and the Human Rights Commission of Sri Lanka.  However, despite constant ressure appealed by all concerned, there seems to have been no progress.  Neither the family of Gerald Perera nor the public has received any information regarding the investigation into this crime.  Whether there is pressure to hush up this crime or whether this silence is due to other reasons, is difficult to predict.

The AHRC has been reliably informed that Gerald Perera’s wife and other family members are now scared for their lives. They live in mortal fear because they see that law-enforcement officers have set murderers onto them. Even the noise of a vehicle outside is said to cause the whole family to run and hide under a bed.

The AHRC once again calls for your strong intervention into this matter. Please send a letter to the government of Sri Lanka as well as the Sri Lankan embassy/consulate in your country demanding prompt inquiries into this case so that the culprits may be brought to justice. Please also urge them to provide protection to Gerald Perera’s family and to enable his funeral rites to be performed in an atmosphere of peace. 

Further, the AHRC calls upon everyone to rally in front of the Sri Lankan embassy/consulate in your country to condemn this murder of Gerald Perera. It is high time to demonstrate your strong support to Gerald’s family and other torture victims and human rights activists in Sri Lanka. Sri Lanka may be heading towards a major catastrophe characterised by lawlessness and a lack of basic security that only extremely urgent action can avert.  

SUGGESTED ACTION:
Please send a letter, fax or email to the addressees below and express your deep concern about this case. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

Re: SRI LANKA: Inquiries into the murder of Gerald Marvin Perera; The victim’s family and other torture victims need urgent protection

Gerald Perera was shot on 21 November 2004 and succumbed to his injuries on 24 November 2004. A complaint to the police was made within moments of the incident. There have been constant interventions from numerous quarters since. The local and international media also have given broad coverage to this murder. Gerald Perera had already won a fundamental rights case in the Supreme Court of Sri Lanka for the torture done to him (SCFR 328/2003) and obtained a record compensation payment, and was due to testify to the Negombo High Court on December 2 (HC 326/2003). 

However, so far no person has been arrested or produced before a court in connection with this killing. This is even though the murder has been shown to be linked to a torture case in which Gerald Perera was to give evidence in the Negombo High Court. The accused in the case are seven police officers.  Representations regarding the case have been made to the government through the Inspector General of Police, the Attorney General, the National Police Commission and the Human Rights Commission of Sri Lanka. However, despite constant reminders there seems to be no progress. Neither the family of Gerald Perera nor the public has received any information regarding the investigation into the crime.  Whether there is pressure to hush up this crime or whether this silence is due to other reasons is hard to say.

Other torture victims and persons close to them are also now getting death threats. Since the killing of Gerald Perera, there seems to be a plan spreading wider and wider to get rid of torture victims who have made complaints in the courts. In the current situation, the victims and also the persons supporting them are in grave danger.  

I urge you to make prompt inquiries into the killing of Gerald Perera so that the culprits may be brought to justice without delay. I also urge you to take necessary steps for protection of other victims and human rights defenders whose lives are in danger. Without protection of these persons, the law to prohibit torture is meaningless. Without protection, nobody will make complaints of torture against the police and other authorities. The government of Sri Lanka has repeatedly said that it wants to protect human rights, but when people complain of violations of their rights, their lives are in danger. I urge you to change this situation.  

Yours sincerely,

—————-

PLEASE SEND A LETTER TO:

1. Mr. Mahinda Rajapakse 
Prime Minister 
Cambridge Place 
Colombo 7 
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk  or bradmanw@slt.lk 

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net  or counsel@sri.lanka.net 

3. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

4. Mr. Ranjith Abeysuriya PC 
Chairperson 
National Police Commission 
69-1 Ward Place, Colombo 7 
SRI LANKA 
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk 

5. Dr. Radhika Coomaraswamy
Chairperson 
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 

6. Mr. Theo C. van Boven
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)
E-mail: ssyed@ohchr.org

7. Mr. Philip Alston 
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

8. Ms. Hina Jilani
Special Representative for human rights defenders 
Att: Ben Majekodunmi
Room 1-040, C/o OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 
E-mail: bmajekodunmi@ohchr.org

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-76-2004
Countries : Sri Lanka,
Issues : Torture,