SRI LANKA: Young Tamil complainant in a bribery case is in fear of assassination

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-006-2011
ISSUES: Impunity, Right to life, Rule of law, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that Mr. Davarathnam Yogendra, a complainant of the bribery case No. 50600/01 in the Chief Magistrate’s Court of Colombo has been instructed to provide photographs of himself in order to continue his bail conditions to the Hatton Police Station (Please see our original appeal for further information: AHRC-UAC-007-2011). Mr. Yogendra is seriously in fear of a probable assassination by the police and currently hiding to save his life. Please urgently intervene into this case to save his life. 

UPDATED INFORMATION: 

Mr. Davarathnam Yogendra, a complainant of the bribery case No. 50600/01 in the Chief Magistrate’s Court of Colombo has been instructed to provide photographs of himself in order to continue his bail conditions to the Hatton Police Station.

Already the police filed a fabricated case, number B/902/2010 at Magistrate Court of Hatton in December last year. When he was granted bail in that case the Magistrate made the condition that he needed to report to the Hatton Police Station every Sunday.

When he went to report to the police station on 30 January 2011 at around 9.30 am the officer on duty informed him that he should bring a copy of his photograph to the station or they would not allow him to sign in the station book and take steps to cancel the bail given by the court. Out of fear of this threat and the concern for his surety he complied with the order.

Presently Mr. Yogendra fears that assassination is possible as the police now have his photograph which they can distribute at will. They can also use this photo to implicate him in further fabricated charges. He is fully aware that the police make a habit of charging innocent persons with fabricated charges and that the possibility of illegal arrest, detention, torture and ultimately being extrajudicially killed is very real.

For further details please refer to the earlier Urgent Appeal: AHRC-UAC-007-2011, SRI LANKA: Young Tamil complainant in a bribery case against a police officer faces attempts on his life and is in hiding.

SUGGESTED ACTION: 
The Asian Human Rights Commission urges you to insist the Inspector General of Police and the Chairman of the Commission to Investigate Allegations of Bribery or Corruption of Sri Lanka to take all necessary and appropriate measures to protect the life of this complainant. The perpetrators must be brought to book to stop recurrence of similar incidents and life-threatening situations.

Please note that the AHRC has written special letters to the UN Special Rapporture on Extrajudicial and Summery Execution seeking his intervention on this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: Young Tamil complainant in a bribery case is in fear of assassination

Name of the Victim: Mr. Devarathnam Yogendra of Shanon Estate, Hatton
Alleged Perpetrators: 
1. Officer -in- Charge, Police Station, Hatton
2. I P WIjesooriya, Police Station, Hatton
3. SI Silva, Police Station, Hatton
4. Sergeant Sarath of Police Station, Hatton
Date of latest incident: 30 January, 2011
Place of incident: Hatton Police division in Central Province

I would like to raise my serious concerns on the further information that I have received in the case of Mr. Mr. Davarathnam Yogendra, a complainant of the bribery case No. 50600/01 in the Chief Magistrate’s Court of Colombo has been instructed to provide photographs of himself in order to continue his bail conditions to the Hatton Police Station.

Already the police filed a fabricated case, number B/902/2010 at Magistrate Court of Hatton in December last year. When he was granted bail in that case the Magistrate made the condition that he needed to report to the Hatton Police Station every Sunday.

When he went to report to the police station on 30 January 2011 at around 9.30 am the officer on duty informed him that he should bring a copy of his photograph to the station or they would not allow him to sign in the station book and take steps to cancel the bail given by the court. Out of fear of this threat and the concern for his surety he complied with the order.

Presently Mr. Yogendra fears that assassination is possible as the police now have his photograph which they can distribute at will. They can also use this photo to implicate him in further fabricated charges. He is fully aware that the police make a habit of charging innocent persons with fabricated charges and that the possibility of illegal arrest, detention, torture and ultimately being extrajudicially killed is very real.

I urge the Inspector General of Police and the Chairman of the Commission to Investigate Allegations of Bribery or Corruption of Sri Lanka to take all necessary and appropriate measures to protect the life of this complainant immediately.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of death threats of the victim. 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. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Mohan Peiris
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
Human Rights Commission
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. Mr. Ameer Ismail
Chairman
Commission to Investigate Allegations of Bribery or Corruption
No 36 Malalasekera Mawatha
Colombo 07
SRI LANKA
Tel: +94112595039
Fax: +94112596014
Email: ciaboc@eureka.lk

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-006-2011
Countries : Sri Lanka,
Issues : Impunity, Right to life, Rule of law, Threats and intimidation,