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UPDATE (Sri Lanka): The assassin of Gerald Perera has been arrested by the Criminal Investigation Department

February 16, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Update on Urgent Appeal

16 February 2005

[RE: UP-76-2004: SRI LANKA: Gerald Perera died after gunshot; His family needs urgent protection, UP-74-2004:  SRI LANKA: No action from the government to protect torture victim even after attempt on his life, UA-157-2004: SRI LANKA: Torture victim pursuing criminal torture case shot; UP-47-2002 (RE: UA/18 and 19/2002 - Torture by police, impunity and denial of proper rehabilitation; UP-44-2002 (RE: UA/18 and 19/2002 - Torture by police, impunity, denial of proper rehabilitation]
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UP-14-2005: SRI LANKA: The assassin of Gerald Perera has been arrested by the Criminal Investigation Department  

SRI LANKA: Torture; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the assassin of Gerald Perera was arrested by the police on 5 February 2005.

According to the letter of the Criminal Investigation Department (CID) dated 14 February 2005 to the AHRC, the CID arrested Gerald Perera's assassin, Polwatta Ratubaduge Ajiith Wishantna, on February 5 and remanded him for an identification parade. We also confirmed that yesterday the assassin was identified by witnesses during an identification parade.

The non-summary inquiry into the Gerald Perera's murder is under process at the Wattala Magistrate's Court (Case bearing no. NSB1781/04).  Among the seven police officers who were accused of the torture of Gerald Perera in 2002, three suspects, namely D.P. Chandimal Amarakoon (January 5), Pradeep Kimar (January 7) and H.A. Asela Kumara Herath (January 11) made statements to the Wattala Magistrate's Court.
In their statements, they admitted that they involved in killing Gerald due to the fear that they may have had to go to jail if he had given evidence on 2 December 2004 in the Negombo High Court.      

The AHRC has previously reported that the CID arrested and detained Suresh Gunasena, Sub Inspector (S.I.) of the Wattala Police Station, as a prime suspect who masterminded Gerlad's murder.  We also reported that S.I. Suresh Gunasena, Police Constable 38237, Nalin Jayasinghe and Perera, Police Constable 9197, who were indicted under the Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994) for the torture of Gerald, were interdicted and transferred out of the station they were serving. Furthermore, Sena Suraweera, the Officer in Charge (O.I.C.) of the Wattala Police Station was removed from his post and transferred to another police station as a supernumerary officer. (See further: UP-01-2005)

Under the present circumstances, the security of Gerald Perera's family is paramount. The fact that she is giving evidence at Wattala Magistrate's Court made Gerald Perera's wife to fear for her (and her children's) security. The AHRC has made earlier pleas to Sri Lankan authorities requesting them to provide security to the family. It is essential to keep pressure on this matter.  It is also essential to ensure that the trial of the case of Gerald Perera's murder be filed and heard as soon as possible. In Sri Lanka, the filing of indictments and the hearing of the cases in courts often takes a long time. During such times, families of the victims are constantly at risk.

The AHRC thanks you all for your support in Gerald's case. Without your strong support in this case, nothing would have happened to redress the victim's family. We urge you to continue writing and making your voices heard.


SUGGESTED ACTION:
Please send a letter to the Attorney General of Sri Lanka to indict the accused for the murder of Gerald Perera and speed up the trial.

Sample letter:

Dear Mr. Kamalasabesan, 

Re: Arrest of the assassin of Gerald Perera; Indictment of the accused and speedy trial are required 

I sincerely congratulate the Sri Lankan authorizes for promptly inquiring into the murder of a torture victim Gerald Perera and arresting the assassin and several suspects who masterminded Gerlad's murder. This was a gruesome murder that has had a chilling effect on all who complain against crimes and gross abuses of rights.

Accordingly, I urge that the indictments in the case be filed immediately and the trial be heard as soon as possible. In Sri Lanka, the filing of indictments and the hearing of the cases in courts often takes a long time. Such delay is harmful to the victim's family and I understand that the widow of the victim has already complained about her family's security matter. Speedy trial will enhance the confidence of witnesses in this case and other cases. I earnestly request you to take appropriate action so that a speedy trial will be conducted in this case.

Yours truly,


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SEND A LETTER TO:

Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421


Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-14-2005
Countries :
Issues :
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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.