Home / News / Urgent Appeals / SRI LANKA: Threat made against tenant of the late Gerald Perara

SRI LANKA: Threat made against tenant of the late Gerald Perara

June 15, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

16 June 2006
------------------------------------------------------
UA-193-2006: SRI LANKA: Threat made against tenant of the late Gerald Perara

SRI LANKA: Threat and intimidation; police misconduct; collapse of rule of law
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has come to learn of a threat made against the tenant of the late Gerald Perara. Owing to the seriousness of the threat and given the person who made it, the victim lives in fear for his and his family’s life.

Mr. Nimal is the neighbour of Mr. Jayasanthe, a member of the Sri Lankan police force. Nimal is the tenant of the late Mr. Gerald Perara living at 52/B/2, Mihidu Mawatha, Gonagaha. Gerald was assassinated while pursuing a case of torture against several police officers of Wattala Police Station (please see UP-120-2005).

Nimal has been a tenant in Gerald’s house for approximately one and a half years. On 13 June 2006, Nimal's wife had been cleaning the land around the house with a broom. At this time Mr. Jayasanthe had come and shouted at Nimal's wife in utter filth that the dust generated by her brooming was going onto his property. She was also told to ask her husband to meet Mr. Jayasanthe that evening. After learning this from his wife Nimal went and met Mr. Jayasanthe and asked why he was shouting filth at his wife, to which Mr. Jayasanthe allegedly replied that talking about women and their body is not filth. Thereafter Jayasanthe threatened Nimal saying "I will kill you in the same way as the earlier occupant [referring to Gerald] was killed". Thereafter Jayasanthe called the police on the police emergency number and requested the assistance of four police constables from Gampaha station and informed them that Nimal had threatened him. After inquiring into the matter, the police asked Nimal to come to the police station. Nimal went to the police station. Soon after Nimal was allowed to go but told to keep the peace.

The reference to Gerald and his death and the threat of carrying out a similar action has frightened Nimal and his family. The days before Gerald’s death the same Jayasanthe befriended Gerald and on the day Gerald was shot inside a bus [21 November 2005] it was Jayasathe who gave Gerald a lift from his house and dropped Gerald off at the bus stop in his car. There is a common suspicion that Jayasanthe is an accomplice to the assassination and that it was he who informed the assassins that Gerald had boarded the bus.

SUGGESTED ACTION:

Please write a letter of concern to the authorities listed below asking that they inquire into this matter and also to take appropriate action to further inquire into the conspiracies which lead to the assassination of Mr. Gerald.

Suggested letter:

Dear _______,

SRI LANKA: Threat of assassination by a police officer and unfinished investigations into the conspiracy in the murder of Gerald Perera

Name of the victim: Mr. Nimal, 52/B/2,Mihidu Mawatha, Gonagaha
Name of the alleged perpetrator: Mr. Jayasanthe, formerly attached to Mirihana Police and currently working as a police informer.
Date of the incident: 13 June 2006

I refer to the complaint regarding a police officer formerly attached to Nirinaha Police Station and who is still engaged in police work although the exact location of his work is not known to the victim of this complaint. The threat of assassination by this police officer, Mr. Jayasanthe, has caused shock to the victim, Mr. Nimal and this is due also to the fact that the landlady of the house is the wife of the late Gerald Perera, who is alleged to have been assassinated while pursuing a torture case.

The belief that this officer may have been involved in the conspiracy to assassinate Gerald Perera arises from the fact that he befriended Gerald during the last few days of his life and had taken him in his own car to the bus where he was fatally shot. Under these circumstances the victim fears that this might happen again. I urge you to inquire into this matter and also to further inquire into the conspiracy leading to the murder of Gerald Perera.

Yours sincerely,

-----------------------------
PLEASE SEND YOUR LETTER TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

2. Mr. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk

3. 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. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk

5. 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: polcom@sltnet.lk

6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President) 
Email: secretary@presidentsoffice.lk

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-193-2006
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.