SRI LANKA: Torture victim pursuing criminal torture case shot

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Gerald Perera, a torture victim in Sri Lanka who had earlier received the highest compensation pay-out and who has since been the key complainant in a criminal case against the accused police officers, has been shot. At last report, he was being rushed to hospital. The shooting is believed connected to the criminal case pending in the high court, which was due to be taken up shortly.

As a person’s life hangs in the balance, please write without delay to the responsible Sri Lankan authorities to demand that full medical assistance and protection be given to the victim. Please also demand that a full investigation be undertaken into the case without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————–

DETAILED INFORMATION:

Name of the victim: Gerald Mervin Perera, a cook at the Colombo Dockyards
Current address of the victim: 52/2B Iddhagodella, Mihidumawatte, Gonagaha
Alleged perpetrators:  Unknown persons with suspected links to former officers of Wattala Police station
Date of incident: 11:15am, 21 November 2004
Place of incident: Welisara, near Colombo

Details of attack:

At around 11:15am on 21 November 2004, Gerald Marvin Perera, the torture victim who obtained the highest compensation payout from a Supreme Court decision, and who is currently the complainant in a criminal case of torture against several police officers formerly of Wattala Police station, including Sub-Inspector (SI) Suresh Gunaratne and SI Herath, was shot and seriously injured while traveling to work.

According to the information received so far, Gerald had alighted to change buses at Jaela to come to Colombo. After he boarded the bus, at Welisara a person alighted from a car bearing licence plate no. 65-68-39 and boarded it also. He walked to where Gerald was sitting in the back row and shot at him. Then the shooter got down from the bus, returned to the same car and went away. The bus driver drove directly to Ragama General Hospital, and after some treatment Gerald was dispatched to the Colombo main hospital for emergency services. At the time of sending this appeal, he was taken there by ambulance. According to the sources close to the family, his condition is critical.

The family has lodged a complaint at the Ragama hospital police post, and the Ragama Police station. The AHRC has also informed the police authorities about this incident.

In recent weeks, Gerald had been under pressure to withdraw the case lodged against the said officers in the Negombo High Court, under the Convention against Torture Act of Sri Lanka, Act No. 22 of 1994. The minimum sentence prescribed by law under this act for the offence of torture is seven years in prison. Family sources say that a group of policemen visited Gerald’s house recently and pressurized him to withdraw the case. The AHRC also has information that SI Suresh and SI Herath have been visiting other persons known to Gerald Perera to ask them to have him withdraw the complaint.

In fact, the Attorney General has filed the case and it is not within the power of the complainant to withdraw it. The request to withdraw the case thus means to give a letter or an affidavit stating that the initial complaint was false, and that the complainant has no interest in pursuing the case. There are other instances where such letters have been obtained under duress. Gerald has refused to submit to the pressure to do the same.

One provincial council member of Mabole, known to Gerald’s family as Mr Niroshan, has also visited his house and asked him to withdraw the complaint. Such pressures made on behalf of the police by local politicians are also a common phenomenon in Sri Lanka.

This shooting has taken place against the backdrop of these failed attempts. The family suspects that the accused police officers in the torture case are behind this attempt to kill Gerald Perera. If he passes away, the key witness in the case against them will be gone. The family also suspects that the police may have used some underworld figure to carry out the shooting.

BACKGROUND INFORMATION:

The full details of Gerald Perera’s case can be found in the Supreme Court judgment that led to the record compensation payment. Please also see the related statement by the AHRC, MR-13-2002, MR-15-2002, AS-07-2003. Other details are available in earlier Urgent Appeals and Updates: UP-44-2002, UP-47-2002,

SUGGESTED ACTION:

The AHRC calls upon you to write to the government of Sri Lanka, particularly to the Attorney General and Inspector General of Police, to inquire into this matter urgently, and also provide all medical assistance necessary to save the life of Gerald Perera. Please also request that around-the-clock protection be given both to Gerald and his family, as the perpetrators of this act may well make a second attempt on his life while in the hospital.