SRI LANKA: A court magistrate receives death threats prior to giving evidence in an inquiry 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-119-2005
ISSUES: Administration of justice,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by another threat made against a judge in Sri Lanka.

According to the information we have received, former Magistrate of Wellawaya Magistrates’ Court, Janaka Bandara has recently received death threats by way of phone calls from unknown persons. These threats come prior to the commencement of an inquiry regarding Judge Bandara’s indictment scheduled for today (13 July 2005). He was threatened to resign from the Judicial Service and refrain from attending the inquiry to give evidence. Judge Bandara has been indicted by the Judicial Service Commission after he issued a warrant on Senior Superintendent of Police Sherief Deen, who was alleged to be involved in a fatal accident case. The demand that he should resign is directed towards exculpating the persons who are behind the interdiction, which has been largely perceived as unjust.

This is yet another case of threats and attacks carried out against judges in Sri Lanka. The AHRC previously reported the assassination of High Court Judge Sarath Ambipitiya that took place on 9 November 2004. (See further: AS-48-2004AS-56-2004AS-75-2005). If judges do not have protection, the administration of justice cannot function. The death of Judge Ambipitiya undoubtedly had a chilling effect on the people of Sri Lanka. The recent death threats made against Judge Bandara will inevitably revive these fears.

We strongly urge you to intervene in this matter immediately. Please urge the Sri Lankan authorities to provide effective protection to Judge Bandara and his family immediately, investigate the alleged threats against him, and bring the perpetrators to justice.

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

Name of the victim: Judge Janaka Bandara, a former Magistrate of Wellawaya Magistrate’s Court
Alleged perpetrator/s: Unknown
Case status: Judge Bandara was interdicted by the Judicial Service Commission after issuing a warrant on Senior Superintendent of Police Sherif Deen. He has since received death threats prior to his attending an inquiry about his indictment scheduled on 13 July 2005

Case details:

It is reported that former Magistrate of Wellawaya Magistrate’s Court, Janaka Bandara has received death threats by way of phone calls, demanding that he resign from the Judicial Service and refrain from attending an inquiry regarding his indictment by the Judicial Service Commission scheduled for 13 July 2005.

It is believed that these threats stem from Judge Bandara issuing a warrant on Senior Superintendent of Police Sherief Deen, who was alleged to be involved in a fatal accident case but whose driver was produced before a court as the culprit.  Judge Bandara issued a warrant to produce Mr Deen before court after hearing evidence of the alleged actual culprit.  However, mysteriously the magistrate himself was interdicted by the Judicial Service Commission.

Judge Bandara’s interdiction caused one of the most vocal protests from the Bar Association of Sri Lanka and from other sources in the country. The Bar Association and other groups demanded a fair inquiry into this case.

The AHRC is deeply concerned by this serious case. If judges themselves are prevented from carrying out their duties and are not provided any protection, there cannot be independence of judiciary or any expectation of justice for any other citizen.

The AHRC therefore calls for the Judicial Service Commission to act immediately to protect Judge Bandara from the dangers he faces.  The Inspector General of Police and the Attorney General of Sri Lanka must ensure that a complete and impartial inquiry is held into the death threats against Judge Bandara by a special unit of investigation and bring responsible persons to justice. The Sri Lankan authorities should also provide 24 hour protection to Judge Bandara at his home and also when he travels.

SUGGESTED ACTION:
Please send a letter, fax, or email to the persons listed 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: A court magistrate receives death threats prior to giving evidence in an inquiry  

Name of the victim: Judge Janaka Bandara, a former Magistrate of Wellawaya Magistrate's Court 
Alleged perpetrator/s: Unknown

I am appalled by the death threats that have been made against former Magistrate of Wellawaya Magistrates' Court, Janaka Bandara. I am aware that the magistrate is to give evidence to an inquiry scheduled today (July 13). I am immediately reminded of the assassination of High Court Judge Ambipitiya and torture victim Gerald Perera. I have also heard that death threats are a common feature in Sri Lanka, and that on many occasions threats of death are followed through with.

I am concerned for the life of this magistrate both as a human being and also due to his capacity as a judge. If judges do not have protection, the administration of justice cannot function. The death of Judge Ambipitiya undoubtedly had a chilling effect on the people of Sri Lanka. The recent death threats made against Judge Bandara will inevitably revive these fears.

I therefore urge that an immediate and through inquiry be conducted into the threats made against Judge Bandara. Such an investigation must be conducted by a special unit of investigation that is technically equipped to handle this case effectively. I also urge that all measures to provide protection to the magistrate be taken immediately and that this be provided to him both at his home and also when he travels.

Yours sincerely,


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SEND A LETTER TO:

1. Secretary
Judicial Service Commission
Judicial Service Commission
No. 573, Hulftsdorp Steet
Colombo 12
SRI LANKA 
Tel: +94 11 2 436308/451159
Tel/fax: +94 11 2 432854

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

3. 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 

4. 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 

4. Mr. Leandro Despouy 
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006
E-mail: scronin@ohchr.org

5. 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 Programme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-119-2005
Countries : Sri Lanka,
Issues : Administration of justice,