Home / News / Urgent Appeals / UPDATE (Sri Lanka): No action from the government to protect torture victim even after attempt on his life
 

UPDATE (Sri Lanka): No action from the government to protect torture victim even after attempt on his life

November 23, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
23 November 2004

[RE: UA-157-2004: SRI LANKA: Torture victim pursuing criminal torture case shot on 21 November 2004; UP-44-2002 (RE: UA/18 and 19/2002 - Torture by police, impunity, denial of proper rehabilitation on 21 June 2002; UP-47-2002 (RE: UA/18 and 19/2002 - Torture by police, impunity and denial of proper rehabilitation on 2 July 2002  ]
----------------------------------------------------------------------
UP-74-2004:  SRI LANKA: No action from the government to protect torture victim even after attempt on his life   

SRI LANKA: Attempt on life of torture victim, lack of witness protection
----------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) provides you the updated information below regarding the case of Mr. Gerald Perera, a torture victim who was shot by an unknown person on 21 November 2004. (See further: UA-157-2004)  As of now, this case has not received any attention from the Sri Lankan authorities. Even though Gerald Perera is in a critical condition, so far there is no update from official sources regarding his health and provision of adequate medical assistance. Alsopublic demands for an independent investigation have been met with silence.  

This incident reflects a situation of the exceptional collapse of the rule of law where state institutions have failed to perform their roles. Apart from the fact that Mr. Perera's torture case was to go for trial, so far the perpetrators are free and beyond the due process of law. Such an exceptional collapse of the rule of law is the core reason for the stalemate in the peace process in Sri Lanka.

Furthermore, the AHRC is deeply concerned about the rapidly degenerating security situation in Sri Lanka. On 12 November 2004, a High Court Judge in Colombo was shot dead by unidentified assailants. We are concerned that if there is no immediate intervention from the international community, many innocent persons, particularly human rights activists and those who have made complaints regarding the police, may become targets for killings in a short period of time.

We call for your strong support for Mr. Gerald Perera. Please continue to send letters to the government of Sri Lanka demanding it to conduct a fair and independent investigation of this incident and provide full protection and adequate medical attention to the victim. The sample letter and contact information of the local authorities can be found in our previous urgent appeal (UA-157-2004). 

For your reference, we reproduce below the Global Alert on the degenerating security situation in Sri Lanka issued by the AHRC yesterday.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
----------------------------------------------------------

A STATEMENT BY THE ASIAN HUMAN RIGHTS COMMISSION:

November 22, 2004
AS-49-2004

Global alert on the rapidly degenerating security situation in Sri Lanka

Unidentified assailants shot dead a High Court judge in Colombo on Friday, 12 November 2004. This is the first such instance in recent times, despite the fact that High Courts in Sri Lanka hear the most serious of crimes. The killing of this judge had been preceded by numerous death threats, including threatening telephone calls. The judge and his family had even made complaints about these incidents. However, even the limited security that had been afforded the judge was removed three days prior to his shooting. The judge's wife has questioned the link between this removal of security and his being shot. While the police have announced several inquiries to be taking place regarding his murder, to-date no headway has been made and no arrests have taken place.

Lawyers in Sri Lanka are today (22 November 2004) boycotting the courts as a form of protest, even as desperation is slowly taking hold: any security system for judges, lawyers and complainants has broken down. At present, anyone can be a target of assassination and there is no possible legal redress that can be expected. At the highest levels of law enforcement there is fear for their own lives. No serious intervention is expected by anyone under these circumstances.

Yesterday, (November 21) torture victim Gerald Perera, who was expected to give evidence before a High Court on December 2 against seven police officers accused of torture, was shot while he was traveling to work. He is now in hospital in a very critical condition. In the weeks prior to the shooting, this torture victim had been under pressure to not testify in court against the accused police officers: the pressure took the form of threats as well as bribes. Perera refused to comply and his family believes that these police officers are responsible for the attempted assassination. He is in an extremely critical condition and it has been commented that his survival will be difficult.

The Sri Lankan government and members of other political groups have used the death of the High Court judge to stir up publicity for a 'campaign against crime'. What this means in effect, is the license to kill any person perceived as a 'criminal'. The campaign does not however, address the well known link between certain sections of the police and the underworld. The attempted assassination of Gerald Perera is an extreme example of how the underworld and the police collaborate. The judge's death would also not have been possible if proper security arrangements had been carried out by the police.

Under these circumstances the Asian Human Rights Commission (AHRC) warns that in the days to come many innocent persons, particularly human rights activists and those who have made complaints regarding the police may become targets of assassinations.  The concern and awareness of the international human rights community is essential in the coming days if the lives of many persons are to be saved.

The AHRC has consistently pointed out that the criminal investigation system in Sri Lanka has been in serious trouble for many reasons, such as the decades-old manipulation of the police by political interests and for political purposes to conduct illegal activities, such as the causing of large scale disappearances and torture. The result has been a breakdown of discipline, with considerable sections of the police being involved in lucrative collaboration with persons engaged in illegal activities. Concomitantly, the police department admits it lacks a sufficient number of qualified criminal investigators as well as basic equipment, including proper fingerprint and communication facilities.

In the absence of effective investigations, fear has spread deep into the lives of the civilian population as well as government agencies. Several individuals who have attempted to conduct thorough investigations have been attacked. A custom officer who was investigating customs offenses has been killed, while another customs officer survived a murder attempt. There was an attempt on the life of a senior officer of the Auditor General's Department who was investigating into some serious fraud issues and there was an attempted rape on a High Court judge. All these indicate that state officers who are engaged in serious investigations are not provided with the protection the state owes such persons.

Without dealing with the serious breakdown of its function as protector, the state is merely engaging in a propaganda campaign against crime. For instance, following the murder of the High Court judge, the death sentence in Sri Lanka has been re-introduced.  However, what should actually precede the punishment for a crime is an investigation.  Without restoring the investigation system in the country, the death sentence will be imposed upon the poor and defenseless, mostly on the basis of fabricated charges. The likelihood of perpetrators of grave crimes being given the death penalty is remote under the current defective investigation mechanism and the widespread atmosphere of fear.  In the days to come the prevailing atmosphere of uncertainty is very much likely to be used against any and everyone as has happened in similar situations in the past. In the late eighties over 30,000 persons disappeared in Sri Lanka after being arrested.  Scrutiny into their deaths shows that many of these deaths were due to private grievances.

We urgently appeal to all persons concerned with the saving of lives, the rule of law and the democratic development of the country, to exert pressure on the political leadership of Sri Lanka to rationally respond to the present situation.  It is only strong pressure that can bring the present situation of enormous confusion and fear into some form of rationality and provide space for basic institutions of the rule of law to function. If the situation degenerates further it may reach a point of no return as has happened in some countries.  Serious intervention by all concerned groups must be taken to prevent unnecessary deaths and safeguard the rule of law in Sri Lanka.


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-74-2004
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.