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UPDATE (Sri Lanka): More death threats to a torture victim and a human rights defender; Witness protection is urgently needed

November 25, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
25 November 2004

[RE: 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 on 21 November 2004; UP-42-2003: Threats to the life of the torture victim Lalith Rajapakse; UP-39-2003: Torture victim, Lalith Rajapakse, was acquitted of fabricated charges; UP-27-2003: Torture under Act No. 22 of 1994: but the accused police officers still function as officers; UP-29-2002: Court orders Release of Lalith Rajapakse, and UA-18-2002: Urgent medical help needed for torture victim]
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UP-77-2004: SRI LANKA: More death threats to a torture victim and a human rights defender; Witness protection is urgently needed 

SRI LANKA: Death threats; Human rights defenders; Need of Witness protection
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by another case of death threats on a torture victim and a human rights defender, following the death of Mr. Gerald Perera, a torture victim who succumbed to his injuries yesterday after being shot by an unknown person on 21 November 2004. (See further: UP-76-2004, UP-74-2004 and UA-157-2004)

According to the information we have received, Uswatta Liyanage Anthony Joseph Perera, a member of People against Torture, has received a threatening phone numerous times (twice already since November 22) from unknown person who threatened to kill him if he would not stop his work related to human rights. Furthermore, the AHRC was informed that another torture victim, Lalith Rajapakse, who is the key witness and the petitioner of two cases filed against police officers responsible for his torture (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court), has received threats to his life very recently. In fact, this is not the first incident of such threats. The police have not taken any action even though Lalith Rajapakse has already made many complaints about threats to his life.  

As the AHRC warned in our recent urgent appeals, after Gerald Perera's incident, innocent persons, particularly human rights activists and those who have made complaints regarding the police, become targets of assassinations.

Your urgent intervention will be highly appreciated in this present acute situation in Sri Lanka. Only extremely urgent action can avert further deaths of innocent people. Please send a letter to the government of Sri Lanka demanding immediate inquiry and effective and speedy action into this matter. Please also urge the Government to provide full protection to the concerned persons and take appropriate action to suspend the service of torture perpetrators of Lalith Rajapakse's case who are still working as police officers despite the indictments having been filed in 2003.

For your reference, we reproduce the summary of the letter below sent by U.L.A. Joseph to the National Human Rights Commission (NHRC) of Sri Lanka calling for his protection.

Besides, to see our previous urgent appeals regarding Lalith Rajapakse's case, please visit:
[UP-42-2003: Threats to the life of the torture victim Lalith Rajapakse;
UP-39-2003: Torture victim, Lalith Rajapakse, was acquitted of fabricated charges;
UP-27-2003: Torture under Act No. 22 of 1994; but the accused police officers still function as officers;
UP-29-2002: Court orders Release of Lalith Rajapakse;
UA-19-2002: Urgent medical help needed for torture victim]

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

1. Lalith Rajapakse (21 years old)

Lalith Rajapakse, who has filed a Fundamental Rights Application that is pending and is a complainant in a torture case pending before the Negombo High Court against some officers of Kandana Police Station (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court). Mr. Rajapakse has already made many complaints about threats to his life. The first respondent in the Fundamental Rights Application is still the officer in charge of the Kandana Police Station. Other officers who are accused in the criminal case before the High Court are also still working as police officers. In the aftermath of a torture victim Gerald Perera's assassination it appears that there has been a much wider conspiracy to eliminate torture victims who have made complaints and whose cases are pending.  This conspiracy also involves endangering the lives of those who are engaged in human rights activities in support of persons suffering from human rights violations.

2. Uswatta Liyanage Anthony Joseph Perera, a member of People against Torture

U.L.A. Joseph Perera is a member of People against Torture who is also a neighbor to Lalith Rajapakse.  Twice since 22 November 2004, he and his wife have received telephone calls from unidentified persons telling Mr. Perera to withdraw all activities relating to human rights or otherwise he will not live much longer.  Mr. Perera and his wife fear for their lives.

It appears that in Kandana and Wattala areas where several police officers are facing charges of torture, there is a conspiracy to eliminate persons who have made complaints as well as human rights activists who are supporting these victims.

Therefore, the AHRC urge the government of Sri Lanka to immediately inquire into this matter and take all steps for the protection of these persons. Without witness protection the law becomes meaningless. The law provides that citizens in Sri Lanka can complain about the offense of torture and that redress will be provided.  The Sri Lankan government has also repeatedly declared that it will protect human rights and the rights of organizations to engage in the protection and promotion of human rights.  However, when people assert such rights they are exposed to mortal danger.


[U.L.A. Joseph Perera's letter to the NHRC of Sri Lanka]   

November 25, 2004

Chairperson
National Human Rights Commission
39,

Kinsey Road
Colombo
8

Dear Madame,

Re: Threats on my life and seeking protection

I, Uswatta Liyanage Anthony Joseph Perera has been active in the field of human rights since 1980……

Of late there have been a number of anonymous phone calls to my personal phone and first I was warned that I would not be allowed to continue with this work and then secondly I was asked to leave this work. In a threatening phone call received in the morning of 22 November 2004, I was told to stop the work that I am doing now if I want to live. Except for this all the other anonymous calls have been received between 7.15 and 7.30 in the evening.

I am sure you are aware of the mounting difficulties the country is facing in safeguarding human rights as evinced by the ever increasing killings by the unidentified gunmen and the threats held out against our own lives. In this context where the civil society is gripped with fear, by holding out threats against the lives of the human rights activists, not only the activists but the whole society can be silenced.

It is in this context I as a citizen of Sri Lanka would like to seek your intervention in providing necessary protection to the Citizen's Committee, my family and myself.

Thanking you.

Yours truly

(signature)

U.L.A. Joseph Perera   


SUGGESTED ACTION:
Please send a letter, fax or email to the Sri Lankan government authorities and urge them to provide immediate and full protection to Lalith Rajapakse and U.L.A. Joseph Perera, to inquire into the death threats on these concerned persons, and to take effective and speedy actions.  

Sample letter:

Dear ____________,

Re: SRI LANKA: Morer death threats to a torture victim and a human rights defender; Witness protection is urgently needed 

I am so shocked to hear about another death threats on a torture victim and a human rights defender, following the death of Mr. Gerald Perera, a torture victim who died yesterday after being shot by an unknown person on 21 November 2004.

According to the information received, U.L.A. Joseph Perera, a member of People against Torture, has received a threatening phone numerous times (twice already since November 22) from unknown person who threatened to kill him if he would not stop his work related to human rights. Mr. Joseph Perera and his wife fear for their lives.


Moreover, another torture victim, Lalith Rajapakse, who is the key witness and the petitioner of two cases filed against torture perpetrators (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court), has received threats to his life very recently. In fact, this is not the first incident of such threats. The police have not taken any action even though Lalith Rajapakse has already made many complaints about threats to his life.  The torture perpetrators of Lalith Rajapakse's case who are still working as police officers despite the indictments having been filed in 2003.

I, therefore, urge you to immediately inquire into this matter and take all steps for the protection of these concerned persons. The responsible person(s) for the death threats to the two persons above must be arrested and brought to justice as soon as possible. I also urge you to take appropriate action to suspend the service of the accused police officers regarding Lalith Rajapakse's case for the victim's security while the investigation is going on. I further urge the government of Sri Lanka to fulfill its international obligation by introducing effective and realistic legislative measures for witness protection.

Yours sincerely,


----------------------

PLEASE SEND A LETTER TO:

1. Mr. Mahinda Rajapakse
Prime Minister
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk  or bradmanw@slt.lk

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net  or counsel@sri.lanka.net

3. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

4. Mr. Ranjith Abeysuriya PC
Chairperson
National Police Commission
69-1 Ward Place, Colombo 7
SRI LANKA
Fax: +94 11 2 669 528
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

5. Dr. Radhika Coomaraswamy
Chairperson
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

6. Mr. Theo C. van Boven
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)
E-mail: ssyed@ohchr.org

7. Ms. Hina Jilani
Special Representative for human rights defenders
Att: Ben Majekodunmi
Room 1-040, C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org

8. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org


Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-77-2004
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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.