UPDATE (Sri Lanka): The investigation into Gerald Perera’s case is dragging; Urge the IGP to arrest the accused without further delay

The Asian Human Rights Commission (AHRC) is seriously concerned about the delay of arresting culprit(s) responsible for the murder of Gerald Perera (See further: UP-76-2004, and UA-157-2004), despite the presence of a number of eye-witnesses and strong evidence. Although eighteen days have passed since the shooting of Gerald on 21 November 2004 that resulted in his death three days later, no one has yet been arrested. 

This delay is unacceptable. The AHRC has questioned the Sri Lankan police about their attitude towards Gerald’s case, while they took speedy steps regarding the murder of Justice Ambepitiya, which happened only two days before Gerald’s shooting. The accused of this case have been arrested within a few days. 

We again call on you to intervene into this matter immediately. Please write a letter to the Inspector General of Police of Sri Lanka urging him to make rapid advances in its investigation and to arrest those responsible for Gerald’s murder.  

You can see updates of the Gerald’s case in the AHRC statement attached below. 

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

FOR IMMEDIATE RELEASE
December 8, 2004
AS-59-2004

SRI LANKA: A hierarchy of Justice? 
The CID investigation into Gerald Perera’s killing is dragging its feet

This delay is unacceptable. The blatant manner in which this crime was carried out; the presence of a number of eye-witnesses; the fact that the getaway vehicle has been identified; and that a policeman and potentially the bus driver or conductor seem to be clearly implicated in setting up the killing, should enable the CID to make rapid advances in its investigation and to arrest those responsible.

Gerald Perera was tortured by policemen in 2002. In 2003, the Sri Lankan Supreme Court awarded him record damages for this violation of his rights and integrity. His shooting occurred a matter of days before his testifying before the Negombo High Court in a criminal case against the afore-mentioned policemen – scheduled for December 2^nd, 2004. This brutal shooting can only be seen as the silencing of a brave man, who was simply seeking justice.

The fact that the police is implicated in the killing is beyond doubt – the Inspector General of Police (IGP) admitted as much in a television interview last week. The act was clearly premeditated. The assailant, who initially followed the bus in the getaway car, was clearly aware of Gerald Perera’s presence inside the bus, having most certainly been informed of this by telephone. The informant, thought to be policeman Mr. Jayashantha, who is also Gerald’s neighbour, must have previously been following him near his home. It is also possible that the bus driver or conductor were involved, as the assailant reportedly boarded the bus at a place that was not a regular bus stop. Communications in the days leading up to the attack between all these individuals must be traceable. 

The continuing lack of arrests is engendering criticism, anxiety and suspicion in Sri Lanka, with a columnist for the Sunday Times having questioned whether this represented “hierarchical justice.” The murder of Justice Ambepitiya, which happened only two days before Gerald’s shooting, was resolved within a few days.

Gerald Perera’s murder has raised many questions that will bedevil the administration of justice in the country. Under the Prevention of Torture Act (Act number 22 of 1994), direct indictments are filed in the high courts without non-summary proceedings. Thus if the chief witness dies or is killed, it may be possible for the accused to escape, as there are no previous statements made by the witness to any court that could be used as evidence in a high court trial. This will be an invitation for criminals to physically eliminate witnesses, which is a matter the Attorney General and the courts must deal with as a priority, in order to avoid further killings of this type. 

Meanwhile, the killing of witnesses and judges indicates a new phase that poses a significant threat to the administration of justice in Sri Lanka. How this new reality will be confronted depends significantly on the manner in which Gerald’s assassins and their co-conspirators are brought to justice, and how soon this is performed.

SUGGESTED ACTION:
Please write a letter to the Inspector General of the Police to arrest the culprit(s) responsible for the Gerald Perera’s murder without further delay.