SRI LANKA: Witness to a corruption case’s home attacked; investigation needed

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-219-2011
ISSUES: Administration of justice, Impunity, Judicial system, Police negligence, Right to redress, Rule of law,

Dear friends,

A retired public school teacher who gave evidence before an inquiry committee appointed by the Department of Education and Ministry of Education on a corruption case, was attacked on 1 October 2011 at Circular Road, Galavilawatte, Homagama in Colombo District. He was inside his home when he heard shots being fired at two vehicles on his property as well as his house. The retired teacher gave evidence regarding a case of corruption that took place in order to admit students to the first grade of the school that he formerly worked at. The admissions process for grade one continues to be one of the most corrupt procedures in Sri Lanka. This case is yet another illustration of the police’s disregard of their sworn duties to serve and protect the citizens of Sri Lanka.

CASE NARRATIVE:

According to the information that Asian Human Rights Commission (AHRC) received Mr. Abewardana Wickramasuriya Ranpatabandige Lional Chandrasiri of No: 29/5, 2nd Lane, Town Circle Avenue, Homagama in Colombo District was a witness in a corruption case.

Chandrasiri is a retired government schoolteacher. He finally severed at Royal College Colombo. On 30 September 2011, he was called before an Inquiry Committee appointed by the Education Department and the Ministry of Education to give evidence regarding several cases of corruption which took place during the grade one admissions process of the school where he used to work. Every one of the cases clearly demonstrates violations of the financial regulations of the state. Chandrasiri gave his evidence before the committee and returned home.

Around 2:30am that night, he awoke to the sound of gunfire. He remained inside the house, but saw by the light of a streetlight that outside the front of the house were several motorbikes and around five people firing at his property. After the attackers had left, he saw that the two vehicles in front of his house, as well as the front of his house had been badly damaged by the shooting.

The next morning, he went the Homagama Headquarters Police Station and made a complaint about the incident. He seeks a prompt, efficient, transparent and independent investigation of the attack. He believes that the attack was an attempt on his life and that he is under serious threat for giving evidence against those who were involved in the corrupt admissions process. He believes that his life is in danger. However, the case has not been investigated, nor has he been provided with protection. None of the suspects have been arrested in relation to the attacks. There is a need for an efficient, transparent investigation and for the perpetrators of this violation to be brought to justice.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission (AHRC) has reported innumerable cases of harassment to the the witnesses of cases whose cases have been neither accepted nor investigated by the Sri Lankan government. In many of these cases, the victims have faced harassment and on some occasions the witnesses have been killed. The AHRC has continuously urged the state of Sri Lanka regarding the necessity of adopting a witness protection law and implementing successful witness protection mechanisms to ensure the smooth running of the rule of law system. The state of Sri Lanka is legally bound to implement the provisions of the International Covenant on Civil and Political Rights (ICCPR) as it has signed and ratified the convention. Nevertheless, the lack of protection offered to those who are willing to take cases against criminals, abusive police officers and state authorities, means that the law is under-utilised and continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victims and their families, but on society as a whole, by undermining civilian respect for the law and encouraging impunity.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the case attacking the house of a witness of a corruption case. The criminals as well as the police officers who are having lethargic approach to investigate the crimes must also try before the court of law for breaching the laws of the country and also should be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on the Independence of Judges and Lawyers on this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: House of the witness of a corruption case attacked should be investigated

Name of the victims: Mr. A W R L Chandrasiri of No: 29/5, 2nd Lane, Town Circle Avenue, Homagama
Alleged perpetrators: Unidentified group
Date of incident: 1 October 2011 
Place of incident: Homagama Police Division 

I am writing to express my serious concern over the case of Mr. A W R L Chandrasiri of No: 29/5, 2nd Lane, Town Circle Avenue, Homagama in Colombo District was a witness in a corruption case.

Chandrasiri is a retired government schoolteacher. He finally severed at Royal College Colombo. On 30 September 2011, he was called before an Inquiry Committee appointed by the Education Department and the Ministry of Education to give evidence regarding several cases of corruption which took place during the grade one admissions process of the school where he used to work. Every one of the cases clearly demonstrates violations of the financial regulations of the state. Chandrasiri gave his evidence before the committee and returned home.

Around 2:30am that night, he awoke to the sound of gunfire. He remained inside the house, but saw by the light of a streetlight that outside the front of the house were several motorbikes and around five people firing at his property. After the attackers had left, he saw that the two vehicles in front of his house, as well as the front of his house had been badly damaged by the shooting.

The next morning, he went the Homagama Headquarters Police Station and made a complaint about the incident. He seeks a prompt, efficient, transparent and independent investigation of the attack. He believes that the attack was an attempt on his life and that he is under serious threat for giving evidence against those who were involved in the corrupt admissions process. He believes that his life is in danger. However, the case has not been investigated, nor has he been provided with protection. None of the suspects have been arrested in relation to the attacks. There is a need for an efficient, transparent investigation and for the perpetrators of this violation to be brought to justice.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of failure in investigation of case attacking a witness of a corruption case. Further the prosecution of those proven to be responsible under the criminal law for not implementing the criminal law of the country instead of protecting the criminal and encouraging the existing situation of impunity. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

——————– 
PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Ms. Eva Wanasundara
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. 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 or polcom@sltnet.lk

4. Secretary 
Sri Lanka Human Rights Commission 
No. 108 
Barnes Place 
Colombo 07 
SRI LANKA 
Tel: +9411 2694925, +9411 2685980, +9411 2685981 
Fax: +9411 2694924 (General) +94112696470 (Chairman) 
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-219-2011
Countries : Sri Lanka,
Issues : Administration of justice, Impunity, Judicial system, Police negligence, Right to redress, Rule of law,