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SRI LANKA: Another alleged police murder of a man by the Moratuwa police

December 17, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

17 December 2004
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UA-176-2004: SRI LANKA: Another alleged police murder of a man by the Moratuwa police

SRI LANKA: Extra-judicial killing; Torture; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information of another alleged police murder of a man, just 26 days after the murder of the torture victim, Gerald Perera, who died on November 24 after being shot by an unknown person with alleged links to the torture perpetrators.

According to the information we have received, a 59-year-old man named Ranson Peiris, died on 6 December 2004 due to serious injuries sustained from brutal torture by two sergeants of the Moratuwa police on the previous day. It is reported that Moratuwa Police gave a false statement to the hospital saying that they found the victim by the roadside. Additionally, a crucial eye witness of the victim's assault has been given undue pressure by Moratuwa Police.

It is significant that this incident occurred while no person has been arrested regarding the case of Gerald Perera. During the last couple of years, the AHRC has raised its voice on the common practice of torture at police stations in Sri Lanka and has urged the government to take genuine action to put an end such brutal violence. However, torture victims have repeatedly encountered inaction by the government. The result is cruel. The government's inaction helps to ensure the impunity of torture perpetrators, and in fact encourages them to commit such crimes against ordinary citizens in Sri Lanka. 

We call on you to write a letter to the Sri Lankan government urging that a thorough and impartial investigation be conducted into this incident, and full protection be provided to the witnesses and the victim's family. Please also urge the relevant authorities to take strong disciplinary/legal action against responsible police officers.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim:
Mr M. Ranson Peiris, a 59-year-old carpenter, married with 7 children
Address of the victim:
No. 30, Gnanaloka Mawatha, Egodauyana, Moratuwa, Sri Lanka
Alleged perpetrators:
1.
Sergeant Silva of the Moratuwa Police Station (Court sergeant at the Moratuwa Magistrate Court)
2. Sergeant Jayantha Perera of the Moratuwa Police Station
Date of illegal arrest and torture: 5 December 2004
Date of death: 6 December 2004

Case details:

On 5 December 2004 at around 2 p.m., a 59-year-old carpenter, Mr M. Ranson Peiris, went to Mrs. Malani's house to have a drink. Two sergeants, Mr Silva and Mr Jayantha Perera of the Moratuwa Police Station were already present there. For no apparent reason, these two police began to assault Mr Peiris brutally and took him to the Moratuwa Police Station in a three-wheeler by which they had come to the house. They then severely assaulted Mr. Peiris again at the police station.

Mr Dhammika Chandranath Fernando, the Deputy Mayor of the Moratuwa Municipal Council, informed the victim's family of his arrest. He then inquired the Moratuwa police about the victim's arrest, but they told him that such a person had not been brought into their custody. However, some time later when Mr Peiris's relatives went to the Moratuwa Police Station, they saw that the victim was lying in the police cell. As he looked severely injured, the relatives asked the police to take him to the hospital to receive medical treatment. However, the Moratuwa police refused to do so.

At 10:00 pm on the same day (December 5), the Moratuwa Police took the victim to the Lunawa Government Hospital without informing his family of this. They allegedly gave a false statement to the hospital that they found the victim on the roadside. As Mr. Peiris was in a critical condition, he was transferred to the Kalubovila General Hospital and later to National Hospital Colombo. However, he succumbed to his injuries at around 11:30 a.m. on the following day (December 6).

A post-mortem on the victim's body was conducted by Judicial Medical Officer (JMO) from the Colombo General Hospital. In his report, the JMO declared that Mr. Peiris had been assaulted by blunt weapons. He found nine external injuries on the vcitm's body and damage of his thyroid glands due to the assault on his neck. The JMO concluded that the victim's death was caused by the rupture of blood vessels of his brain. The

Moratuwa Magistrate Court
has begun an inquest into Mr. Peiris's death (Case No. 6741NS/2004).

In the meantime, Mrs. Malani, who witnessed the victim's assault and illegal arrest by two sergeants at her house, gave her statement to the Mt. Lavinia Police and the
Moratuwa Magistrate Court
. However, none of the Mt. Lavinia Police were present for two days while the magisterial inquest was being held. The next inquest is scheduled for 16 December 2004.

According to the latest information, the two accused police sergeants have not been arrested. In particular, Sergeant Silva continues his service as a court sergeant at the
Moratuwa Magistrate Court
, where the inquest of the case is going on. More seriously, it is alleged that the Moratuwa police have been pressuring Mrs. Malani, a crucial eye-witness of the case, not to give a statement against the two police sergeants.

The villagers informed this incident to the Human Rights Commission (HRC) of Sri Lanka on December 8, and the victim's son also lodged a complained to the NHRC on December 13. However, the HRC officer, who received the complaint, told the son that they needed the post-mortem report to start the investigation. In fact, it is difficult for ordinary citizens in Sri Lanka to obtain post-mortem reports. In many cases, the post-mortem reports are not open to the public, even to the family of the victims. So far, no serious action has been taken by the HRC of Sri Lanka into this case. 

The AHRC strongly urges the Sri Lankan government to immediately inquire into this case and arrest/prosecute the responsible police officers. The government must provide protection to the victim's family and witnesses and immediately suspend the alleged perpetrators in order to ensure their security. The Sri Lankan Government must fulfill its international obligation by introducing effective and realistic legislative measures for witness protection. Only in this way, the Sri Lankan government will be able to regain the trust and confidence of the people.    

SUGGESTED ACTION:
Please send a letter, fax or an email to the addresses below and ask them to take immediate action into this case.

Sample letter:

Dear _________,

RE: SRI LANKA: Another alleged police murder of a man by the Moratuwa police

Name of the victim: M. Ranson Peiris, 59 years old, carpenter, married with 7 children
Address of the victim:
No. 30, Gnanaloka Mawatha, Egodauyana, Moratuwa
Alleged perpetrators: 1)
Sergeant Silva, Moratuwa Police Station (Court sergeant at Moratuwa Magistrate Court)
2) Sergeant Jayantha Perera, Moratuwa Police Station
Date of incident: 5 December 2004

I am grieved to hear of the custodial death of Mr. M. Ranson Peiris (59) on 6 December 2004 after his illegal arrest and torture by two sergeants of the Moratuwa Police Station on the previous day (December 5).

I am shocked to learn that the Moratuwa police did not provide any medical treatment to the victim, who was in a very critical condition, despite his relatives' earnest request. Though the police later took him to the the Lunawa Government Hospital, he succumbed to his injuries which he had sustained from brutal torture on the morning of December 6. In his post-mortem report, the Judicial Medial Officer (JMO) declared that Mr. Peiris had been assaulted by blunt weapons.

I am also informed that the police are attempting to cover up the case by pressuring an important eye witness, Mrs. Malani, not to give a statement against the accused police officers. The police also allegedly gave a false statement to the hospital that they found the victim on the roadside.

It is significant that this incident occurred while no person has been arrested regarding the case of Gerald Perera who died on November 24, after being shot by an unknown person who allegedly linked to the accused police officers three days before. I am deeply concerned that the government's inaction on violence by state officers has helped to encourage perpetrators to continue such crimes with impunity against ordinary citizens in Sri Lanka. 

I strongly urge you to conduct a prompt and thorough investigation into this case and bring those responsible police officers to justice. I also urge you to provide full protection to Mrs. Malani and the victim's family, and immediately suspend the accused police officers while the investigation is being conducted. Finally, appropriate compensation should be given to the victim's family as well.

Again, I urge the
Sri Lankan government to fulfill its international obligation by introducing effective and realistic legislative measures for witness protection, and take genuine steps to bring about the implementation of the Convention Against Torture (CAT) Act, which was ratified and accepted as domestic law.
 
Sincerely yours,


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Please also send a copy of the letter to:

1.
Mr. Mahindra Rajapakse
Prime Minister
Temple Trees
Galle Road
, Colombo
03
SRI LANKA
Tel: +94 11 2 543938-42 / 437676
Fax: +94 11 2 384916
E-mail: pm_sec@slt.lk

2. 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

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

4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

5. 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

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-176-2004
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.