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UPDATE (Sri Lanka): Please write a letter to the Attorney General to speed up Gerald Perera's murder trial

March 24, 2005

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

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

24 March 2005

[RE: UP-23-2005: Gerald Perera's murder trial may not begin for another 5-7 years, UP-14-2005: The assassin of Gerald Perera has been arrested by the Criminal Investigation Department, UP-76-2004: Gerald Perera died after gunshot; His family needs urgent protection, UP-74-2004:  No action from the government to protect torture victim even after attempt on his life, UA-157-2004: 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-32-2005: SRI LANKA: Please write a letter to the Attorney General to speed up Gerald Perera's murder trial

SRI LANKA: Delay of justice; Rule of law
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Dear friends,

It is now four months since torture victim Gerald Perera, who was shot by an unknown person on 21 November 2004, succumbed to his injuries on 24 November 2004 at the Colombo Hospital, Sri Lanka. He was murdered a few days before giving evidences in the court against his torture perpetrators.

Despite the assassin and police officers who masterminded Gerald's murder being arrested, Gerald Perera's murder trial may begin 5-7 years (or more) later as the case is being treated as a routine case of murder.  It means that the alleged perpetrators have at least ten years to enjoy their liberty. In the meantime, the murder case of Judge Ambepitiya--who was killed two days before Gerald Perera was shot--is already fixed for trial at bar.

The decision whether Gerald Perera's hearing is delayed for many years or is heard speedily now lies in the hands of the Attorney General. We again call for your strong action in this matter. Please send a letter to the Attorney General of Sri Lanka urging him to ensure a speedy trial in this case.

To see the AHRC's previous urgent appeals on Gerald's case, please go to see: UP-23-2005, UP-14-2005, UP-79-2004, UP-76-2004, UP-74-2004, UA-157-2004, MR-13-2002, MR-15-2002, AS-07-2003, UP-47-2002, UP-44-2002]

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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REMINDER OF THE CURRENT SITUATION OF GERALD'S CASE:

While the murder case of Judge Ambepitiya--who was killed two days before Gerald Perera was shot--is already fixed for trial at bar, it may take 5-7 years--or even more--before Gerald's case is even begun to be heard at the high court. Despite Gerald being a witness waiting to give evidence in a criminal case when the accused in the case allegedly murdered him, and despite the enormous social concern expressed at this case, it is being treated as a routine case of murder. What this means, is that a further year or more will be taken at the Magistrate's Court for the non-summary inquiry to be completed, then 2-3 years will be spent at the Attorney General's department before the indictment is filed, after which a further 2-4 years will be required for the case to be finally taken for trial. Add to that 2-5 more years for the hearing of appeals, and the alleged perpetrators have at least ten years to enjoy their liberty.

It is reported that in 85 per cent of the cases in Sri Lanka, the accused escape liability because they are able to frighten witnesses into not turning up in court. In Gerald Perera's case, the perpetrators will have around seven years to harass the witnesses, if they so wish. In fact, the alleged motive for killing Gerald was to prevent him from giving evidence in court; the perpetrators have already taken action to eliminate witnesses. Furthermore, Gerald's widow has even stated in court her fear of repercussions if the alleged perpetrators are at liberty. All of them, except for the alleged assassin, are police officers who have held various positions in and around the area where the alleged torture and killing of Gerald took place. They thus have many connections in the area.

SEND A LETTER TO:

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


SEND A COPY TO:

1. 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)

2. Mr Leandro Despouy
UN Special Rapporteur on the independence of judges and lawyers
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006


Sample letter:

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Dear Attorney General,

Re: SRI LANKA: Request for speedy trial in the murder case of the torture victim Gerald Perera

It is now over four months since torture victim Gerald Perera, who was allegedly murdered by very same perpetrators of his torture in order to prevent him from giving evidence in court.  While I was glad to learn that the alleged perpetrators apprehended, I am shocked to learn that the actual trial in this case may take five to seven years.  Meanwhile, a case of the murder of a judge which had taken place two days before the shooting of Mr. Perera has already been brought before a trial at bar.  I see no reason at all not to place the case of Gerald Perera under a similar procedure.  I understand that according to Sri Lankan law making a decision in this regard is in your hands. 

I fervently request you to urge the Chief Justice of Sri Lanka to bring this case under the same procedure as in the case of Judge Ambepitiya and ensure a speedy trial in this case.  Meanwhile, I am also of the opinion that the way to ensure the punishment for actual perpetrators in any crime is to ensure speedy trial.

Yours sincerely,


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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-32-2005
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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.