UPDATE (Sri Lanka): More death threats to a torture victim and a human rights defender; Witness protection is urgently needed

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-77-2004
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by another case of death threats on a torture victim and a human rights defender, following the death of Mr. Gerald Perera, a torture victim who succumbed to his injuries yesterday after being shot by an unknown person on 21 November 2004. (See further: UP-76-2004, UP-74-2004 and UA-157-2004)

According to the information we have received, Uswatta Liyanage Anthony Joseph Perera, a member of People against Torture, has received a threatening phone numerous times (twice already since November 22) from unknown person who threatened to kill him if he would not stop his work related to human rights. Furthermore, the AHRC was informed that another torture victim, Lalith Rajapakse, who is the key witness and the petitioner of two cases filed against police officers responsible for his torture (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court), has received threats to his life very recently. In fact, this is not the first incident of such threats. The police have not taken any action even though Lalith Rajapakse has already made many complaints about threats to his life.  

As the AHRC warned in our recent urgent appeals, after Gerald Perera’s incident, innocent persons, particularly human rights activists and those who have made complaints regarding the police, become targets of assassinations. 

Your urgent intervention will be highly appreciated in this present acute situation in Sri Lanka. Only extremely urgent action can avert further deaths of innocent people. Please send a letter to the government of Sri Lanka demanding immediate inquiry and effective and speedy action into this matter. Please also urge the Government to provide full protection to the concerned persons and take appropriate action to suspend the service of torture perpetrators of Lalith Rajapakse’s case who are still working as police officers despite the indictments having been filed in 2003. 

For your reference, we reproduce the summary of the letter below sent by U.L.A. Joseph to the National Human Rights Commission (NHRC) of Sri Lanka calling for his protection. 

Besides, to see our previous urgent appeals regarding Lalith Rajapakse’s case, please visit: 
[UP-42-2003: Threats to the life of the torture victim Lalith Rajapakse;
UP-39-2003: Torture victim, Lalith Rajapakse, was acquitted of fabricated charges;
UP-27-2003: Torture under Act No. 22 of 1994; but the accused police officers still function as officers;
UP-29-2002: Court orders Release of Lalith Rajapakse;
UA-19-2002: Urgent medical help needed for torture victim]

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

1. Lalith Rajapakse (21 years old)

Lalith Rajapakse, who has filed a Fundamental Rights Application that is pending and is a complainant in a torture case pending before the Negombo High Court against some officers of Kandana Police Station (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court). Mr. Rajapakse has already made many complaints about threats to his life. The first respondent in the Fundamental Rights Application is still the officer in charge of the Kandana Police Station. Other officers who are accused in the criminal case before the High Court are also still working as police officers. In the aftermath of a torture victim Gerald Perera’s assassination it appears that there has been a much wider conspiracy to eliminate torture victims who have made complaints and whose cases are pending.  This conspiracy also involves endangering the lives of those who are engaged in human rights activities in support of persons suffering from human rights violations.

2. Uswatta Liyanage Anthony Joseph Perera, a member of People against Torture

U.L.A. Joseph Perera is a member of People against Torture who is also a neighbor to Lalith Rajapakse.  Twice since 22 November 2004, he and his wife have received telephone calls from unidentified persons telling Mr. Perera to withdraw all activities relating to human rights or otherwise he will not live much longer.  Mr. Perera and his wife fear for their lives.

It appears that in Kandana and Wattala areas where several police officers are facing charges of torture, there is a conspiracy to eliminate persons who have made complaints as well as human rights activists who are supporting these victims.

Therefore, the AHRC urge the government of Sri Lanka to immediately inquire into this matter and take all steps for the protection of these persons. Without witness protection the law becomes meaningless. The law provides that citizens in Sri Lanka can complain about the offense of torture and that redress will be provided.  The Sri Lankan government has also repeatedly declared that it will protect human rights and the rights of organizations to engage in the protection and promotion of human rights.  However, when people assert such rights they are exposed to mortal danger.


[U.L.A. Joseph Perera’s letter to the NHRC of Sri Lanka]    

November 25, 2004

Chairperson
National Human Rights Commission
39,

Kinsey Road
Colombo8

Dear Madame,

Re: Threats on my life and seeking protection

I, Uswatta Liyanage Anthony Joseph Perera has been active in the field of human rights since 1980……

Of late there have been a number of anonymous phone calls to my personal phone and first I was warned that I would not be allowed to continue with this work and then secondly I was asked to leave this work. In a threatening phone call received in the morning of 22 November 2004, I was told to stop the work that I am doing now if I want to live. Except for this all the other anonymous calls have been received between 7.15 and 7.30 in the evening.

I am sure you are aware of the mounting difficulties the country is facing in safeguarding human rights as evinced by the ever increasing killings by the unidentified gunmen and the threats held out against our own lives. In this context where the civil society is gripped with fear, by holding out threats against the lives of the human rights activists, not only the activists but the whole society can be silenced.

It is in this context I as a citizen of Sri Lanka would like to seek your intervention in providing necessary protection to the Citizen’s Committee, my family and myself.

Thanking you.

Yours truly

(signature)

U.L.A. Joseph Perera    


SUGGESTED ACTION:
Please send a letter, fax or email to the Sri Lankan government authorities and urge them to provide immediate and full protection to Lalith Rajapakse and U.L.A. Joseph Perera, to inquire into the death threats on these concerned persons, and to take effective and speedy actions.  



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

SAMPLE LETTER

Dear ____________,

Re: SRI LANKA: Morer death threats to a torture victim and a human rights defender; Witness protection is urgently needed  

I am so shocked to hear about another death threats on a torture victim and a human rights defender, following the death of Mr. Gerald Perera, a torture victim who died yesterday after being shot by an unknown person on 21 November 2004.

According to the information received, U.L.A. Joseph Perera, a member of People against Torture, has received a threatening phone numerous times (twice already since November 22) from unknown person who threatened to kill him if he would not stop his work related to human rights. Mr. Joseph Perera and his wife fear for their lives.

Moreover, another torture victim, Lalith Rajapakse, who is the key witness and the petitioner of two cases filed against torture perpetrators (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court), has received threats to his life very recently. In fact, this is not the first incident of such threats. The police have not taken any action even though Lalith Rajapakse has already made many complaints about threats to his life.  The torture perpetrators of Lalith Rajapakse’s case who are still working as police officers despite the indictments having been filed in 2003. 

I, therefore, urge you to immediately inquire into this matter and take all steps for the protection of these concerned persons. The responsible person(s) for the death threats to the two persons above must be arrested and brought to justice as soon as possible. I also urge you to take appropriate action to suspend the service of the accused police officers regarding Lalith Rajapakse’s case for the victim’s security while the investigation is going on. I further urge the government of Sri Lanka to fulfill its international obligation by introducing effective and realistic legislative measures for witness protection. 

Yours sincerely,

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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. 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

8. 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

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Update
Document ID : UP-77-2004
Countries : Sri Lanka,
Issues : Torture,