UPDATE (Sri Lanka): Further intimidation faced by torture victim J.V. Saman Priyankara from Matale 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-131-2006
ISSUES: Rule of law, Threats and intimidation,

[Re: UP-80-2005: SRI LANKA:  Further death threats to torture victim J.V. Saman Priyankara from Matale ; UP-74-2005: SRI LANKA: Torture victim Priyankara received death threats again and urgent witness protection is required; UP-37-2004: A Kandy coordinator of National Police Commission allegedly cooperates with torture perpetrators; UP-34-2004: Priyankara brutally assaulted and arrested with no access to lawyers; UP-33-2004: Torture victim severely beaten again, forcibly taken to the police station in critical condition and feared being killed by the police; URGENT INTERVENTION NEEDED to save a victim’s life; UA-07-2004: Torture by pouring boiling water on the victim’s genitals by the officers of the Matale Police Station ]
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UP-131-2006: SRI LANKA:  Further intimidation faced by torture victim J.V. Saman Priyankara from Matale

SRI LANKA: Threat and intimidation; police misconduct; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has come to learn of a series of visits by police officers to torture victim Saman Priyankara’s house in the attempt to persuade him to withdraw his case.

On 14 June 2006 two police constables came to Saman Priyankara’s house. Upon arrival, they inquired with his daughter as to the whereabouts of her Mother and Father, to which she responded that she was not sure. The two officers then took a phone number before leaving in a red three wheeler with the registration number QE2247.

The next day, at approximately 7pm Mr. Ekanayaka Ralahami (village headman), Mr. Sagara, and the two officers from the previous day in the same three-wheeler again came to Saman Priyankara’s house. These men then talked to Saman Priyankara about the court case for nearly an hour, in which they begged for it to be withdrawn. Saman Priyankara responded that this could not be decided by him and that there was no point in any further discussions.  Due to that these men wanted a response and were not leaving his home, Saman Priyankara felt pressured to tell them something, and simply wanted to get rid of them and as such told them to contact him after June 17. Following this, the men left in the same red three-wheeler.

On June 16, about 2.30pm a police constable with the number 23435 again visited the house, explaining that he had just dropped in as he was passing by.  The policeman then requested Saman Priyankara to get this case resolved somehow or the other and that they were ready to compensate for the losses that have been incurred.

On June 22 the Pastor of the Assembly of God, Matale was approached by some police officers and requested to use his influence to have this case withdrawn.

Saman Priyankara to date has not been approached again.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and ask that immediate steps be taken to prevent any undue influence, pressure or threats being applied on the victim and his family. Those persons allegedly responsible must be dealt with immediately and a speedy trial must be ensured. Full protection should be provided to the victim and his family should they request it.

Automated email letters can be sent by the AHRC Urgent Appeals on-line support system. To support this appeal please refer to http://www.ahrchk.net/support.php?ua=UP-131-2006. For those contacts without an email address, we ask that you still write a letter and post or fax this. If you have any problems or questions using this system, please feel free to contact us at ua@ahrchk.org.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

SRI LANKA: Further intimidation faced by torture victim J.V. Saman Priyankara from Matale

Name of victim: J.V. Saman Priyankara 
Date of incident: June 14 -22 2006

I am writing to express my deep concern with regards to a series of incidents in which a torture victim, J.V. Saman Priyankara is facing undue influence and pressure to try and withdraw his pending cases at the Supreme Court.

On 14 June 2006 two police constables came to Saman Priyankara’s house and inquired with his daughter as to the presence of her Mother and Father, to which she responded that she was not sure of there whereabouts. The two officers then took a phone number before leaving in a red three wheeler with the registration number QE2247.

The next day, at approximately 7pm Mr. Ekanayaka Ralahami (village headman), Mr. Sagara, and the two officers from the previous day in the same three-wheeler again came to the house. These men then talked about the pending court case for nearly an hour, in which they begged for it to be withdrawn. Saman Priyankara responded that this could not be decided by him and that there was no point of any further discussions.  Due to that these men wanted a response and were not leaving his home, Saman Priyankara under pressure and in order to get ride of these men, then told them to contact him after June 17. Following this, the men left in the same red three-wheeler, it was by now 8pm.

On June 16, about 2.30pm a police constable with the number 23435 again visited the house, explaining that he had just dropped in as he was passing by.  The policeman then requested Saman Priyankara to get this case resolved somehow or the other and that they were ready to compensate for the losses that have been incurred.

On June 22 the Pastor of the Assembly of God, Matale was approached by some police officers and requested to use his influence to have this case withdrawn.  However, to date, Saman Priyankara has not been approached again.

This is not the fist time J.V Saman Priyankara and his family have faced intimidation, on June 22 and July 6 2005 other incidences have taken place. Such harassment of the victim and his family is entirely unacceptable and measures must be taken to ensure that it does not occur again. Immediate steps must be taken to prevent any undue influence, pressure or threats being applied on the victim and his family. Those persons allegedly responsible must be dealt with immediately and a speedy trial must be ensured. Full protection should be provided to the victim and his family should they request it.

I take this opportunity to remind the Government of Sri Lanka of the conclusions and recommendations of the Committee against Torture regarding Sri Lanka in its thirty-fifth session. Within that document it stated: “the Committee is concerned about alleged reprisals, intimidation and threats against persons reporting acts of torture and ill-treatment as well as the lack of effective witness and victim protection mechanisms (article 13).” It went on: “In accordance with article 13, the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report. The State party should inquire into all reported cases of intimidation of witnesses and set up programmes for witness and victim protection.”

I trust that this matter will be taken seriously and that steps will be taken to ensure the safety of the victim and his family.

Yours sincerely,
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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 Update
Document ID : UP-131-2006
Countries : Sri Lanka,
Issues : Rule of law, Threats and intimidation,