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UPDATE (Sri Lanka): Police accused of Gerald Perera's torture are acquitted

April 8, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-019-2008

9 April 2008

[RE: UP-026-2006: SRI LANKA: Inexcusable delay in Gerald Perera's court trial]
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SRI LANKA: Police accused of Gerald Perera's torture are acquitted

ISSUES: Criminal justice; murder; torture victim; impunity; rule of law
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Campaign for Gerald Perera
http://geraldperera.blog.humanrights.asia 

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Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that the accused police officers responsible for the torture of Gerald Perera, who was later assassinated before giving evidence before a court, were acquitted by the Negombo High Court on 2 April 2008. This judgment is extremely dangerous as hereafter persons who want to complain about torture may fear that they will be assassinated as a result. The AHRC urgently requests you to call upon the Attorney General to appeal this case.

UPDATE INFORMATION:

On 2 April the Negombo High Court acquitted all the six accused police officers on the basis that there should be direct evidence of torture or strong identification of the torturers in the case of the torture of Gerald Perera. (Case No. HC326/03)

This judgment was given despite the fact that it was established that the officers were responsible for his illegal arrest and illegal detention and that he was in perfect health when he entered the police station but was seriously injured when he was released. His injuries resulted in renal failure

Once the arrest, detention, control and the time period within which injuries were caused within a police station is proved, the burden of proof of the innocence of the accused shifts to the accused. However, the trial court judge completely ignored this legal principle without any explanation to this case which is normally applied to other cases in Sri Lanka.

The Attorney General has limited time to appeal against this judgment and as of today no appeal has been filed.

ADDITIONAL INFORMATION:

Gerald Perera was tortured on 3 June 2002 at Wattala Police Station which resulted in renal failure and he survived only from relying on a life-support system. The Supreme Court of Sri Lanka held on 4 April 2003 that torture, illegal arrest and illegal detention have been caused by several officers of the Wattala Police Station in a response to a fundamental rights application. (See further Supreme Court's Judgment)

The Attorney General filed indictment against seven police officers including the Officer-in-Charge (OIC) from the station under the CAT Act No. 22 of 1994 on 23 September 2003. While the case was pending at court, before Gerald Perera could give evidence, he was assassinated on 21 November 2004. One of the accused in the torture case is now on trial for the murder of Gerald.

For more information, please refer to our previous appeals: UP-026-2006, UP-120-2005, UP-32-2005, UP-23-2005, UP-14-2005, UP-01-2005, UP-76-2004, UP-74-2004, UA-157-2004, UP-47-2002 and UP-44-2002.

Please also refer to our some of previous statements and open letters: AHRC-STM-089-2008, AHRC-STM-088-2008, AHRC-STM-086-2008, AHRC-OLT-006-2008, AHRC-STM-084-2008, AS-274-2007, AS-188-2007, AS-186-2006, AS-07-2003, MR-15-2002, MR-13-2002.

Please also see the statements issued in each anniversary after his killing: AS-274-2007 (Third anniversary), AS-293-2006 (Second anniversary), AS-119-2005 (First anniversary). Regarding the urgent need of witness protection, please also see AHRC-OL-026-2006, AHRC-OL-021-2006, UA-193-2006, AS-63-2004.

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SUGGESTED ACTION:
Please send a letter to the Attorney General urging him to appeal the case as soon as possible so that the impunity of those responsible for human rights abuses come to an end in Sri Lanka.

Please be informed that the AHRC has written separate letters to the relevant UN Special Rapporteurs calling for their intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

SRI LANKA: Please appeal the case of Gerald Perera without delay

I wish to bring your notice to the judgment from the Negombo High Court dated on 31 March 2008 regarding the acquittal of the accused police officers responsible for torture of Gerald Perera (Case No. HC326/03).

According to the information that I have received, the court acquitted all six police officers mainly, on the basis that there should be direct evidence of torture or strong identification of torturers in this case.

Once the arrest, detention, control and the time period within which injuries were accused within a police station is proved, it is for the accused officers to demonstrate that they are innocent. However, this was ignored without any explanation.

You, as Attorney General, have the responsibility to take appropriate action in a case where any error is found in the judgment. I therefore, kindly request you to appeal against this judgment in order to correct this miscarriage of justice as soon as possible so that those responsible can be properly punished and impunity comes to an end.

In the event that you do not pursue this case, there will be a huge confusion to the citizens of Sri Lanka who have faced or are facing human rights abuses.

I urge you to take proper action in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

Mr. C.R. De Silva
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
E-mail: ag@attorneygeneral.gov.lk 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-019-2008
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.