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UPDATE (Sri Lanka): Continuing death threats to human rights activists and torture victims after murder of Gerald Perera

December 17, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
17 December 2004

[RE: UP-77-2004: More death threats to a torture victim and a human rights defender; Witness protection is urgently needed, UP-76-2004: SRI LANKA: 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 on 21 November 2004]
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UP-81-2004: SRI LANKA: Continuing death threats to human rights activists and torture victims after murder of Gerald Perera

SRI LANKA: Death threats to human rights defenders; Need for witness protection
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed about continuous death threats to human rights activists following Gerald Perera's murder. According to the information we have received, U.L.A. Joseph Perera, a human rights activist who has helped torture victim Lalith Rajapakse, was threatened by two persons with a gun to stop his human rights work yesterday (16 December 2004). He has also previously reported to the AHRC about receiving death threats. Lalith Rajapakse is also under threat due to the case filed against the police officers responsible for his torture before the High Court of Negombo. (See further: UP-77-2004)

Meanwhile, Fr. Nandane Manatunga, who is part of People against Torture, has also been subjected to a severe maligning campaign by former Officer In Charge (O.I.C.) of the Ankumbura police, Mr. Uvindasiri. Fr. Nandane helped a young torture victim, Chamila Bandara, who was tortured by the said O.I.C. and a number of other police officers attached to the Ankumbura Police Station. Cases are currently pending against these officers.

The AHRC is gravely concerned by these constant attempts on victims and human rights defenders, particularly after Gerald Perera's case. The delay in arresting those responsible for the death of Gerald Perera seems to have encouraged others to engage in similar activities. 

We call for your urgent intervention into this matter in order to avoid another tragedy. Please send a letter to the Sri Lankan government and urge it to immediately investigate these incidents in the aftermath of Gerald Perera's case, and to bring the perpetrators to justice. Please also urge the government to arrest the accused in Gerald Perera's case without further delay.

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

Following Gerald Perera's murder, there have been further threats to several persons, including human rights activists. (Reference: UP-77-2004, UP-76-2004, UP-74-2004 and UA-157-2004)

Yesterday, 16 December 2004, U.L.A. Joseph Perera, a human rights activist associated with People against Torture, was stopped, while he was traveling on his motorbike, by two persons who blocked his way with their bike. Then one of them took a pistol and held it to his head and said, "This is the last warning. If you continue to work on human rights cases, you will be killed". A few days earlier, these same persons visited the site where Joseph's daughter is constructing a small house without there being any reason for them to visit that place. Prior to that, Joseph and his wife received telephone calls threatening him with death if he continued to engage in human rights work.

Joseph in particular is being threatened due to a torture case concerning Lalith Rajapakse, pending before the High Court of Negombo against a sub inspector who was attached to the Kandana Police Station and is the accused in that case (Reference: Case No. 259/2003).  Lalith has also received many threats and he has reported these to local as well as international organizations. In several instances when Lalith was in danger, Joseph, who lives near him, helped him to find shelter.

There is considerable evidence to show that the murder of Gerald was only a part of the plan and the perpetrators also wanted to kill Lalith. It shows that the police officers of the Wattala Police Station who were accused of torturing Gerald Perera and the accused in Lalith's case who were from the Kandana police have collaborated in this attempt.  However, the fact that they could not get Lalith in time seems to bother them and the purpose of this intimidation seems to be related to that matter.

Meanwhile, Fr. Nandane Manatunga has also been subjected to a severe maligning campaign by former Officer In Charge (O.I.C.) of the Ankumbura police, Mr. Uvindasiri.  Fr. Nandane, who is also part of People against Torture, has supported and helped a young torture victim, Chamila Bandara, who is alleged to have been tortured by the said O.I.C. and a number of other police officers attached to the Ankumbura Police Station.  Cases are currently pending against these officers. Similar to Gerald's case, the perpetrators need to silence witnesses if they are to escape from legal liabilities.

For a long time, Mr. Uvindasiri has been carrying on a campaign against Fr. Nandane, stating in particular that he has received millions of dollars and tried to propagate religion by helping torture victims.  Mr. Uvindasiri is well aware that Chamila Bandara is a boy from a very poor family and that he cannot insist on his legal rights if he is not supported by human rights organisations.

All these attempts in the aftermath of Gerald Perera's case need to be investigated urgently, if another tragedy is to be avoided.  The delay in the arrest of the perpetrators in Gerald Perera's case seems to have encouraged others to engage in similar activities. 

The AHRC strongly urges the Sri Lankan government to immediately take the necessary action to investigate this matter and to bring the perpetrators to justice.

STATEMENT OF U.L.A. JOSEPH PERERA:

I was previously threatened over the telephone several times to give up activities related to human rights by saying, "If you love life please give up this [human righs] work." They also spoke to my wife to keep the husband away from this work. 

On 16 December 2004, I was going home between 5:30 p.m. and 5:45 p.m. with my grandson on my motorcycle. Then at a place close to my house on the Weligampitiya Batagama Road near a paddy field, a motorcycle with two persons riding stopped in front of me. Then, the pillion rider used a pistol to strike my forehead. He said, "We have told you to stop these activities. Have you taken these lightly? Have you taken this as a joke? Do you understand? We won't tell you again. This is the last warning. If you continue to work on human rights cases, you will be killed".

After that, they speeded up the motorbike in the direction of Weligampitiya, towards the main road – Colombo-Negombo Road. When I tried to see the number plate, it was covered with a dark paper so I could not recognize it.

In the last ten days, I came to know that unknown persons had come in search of my house on a motorbike, and one of them had said that "this is the house". Subsequently, around 2:00pm on December 12, two unknown persons had [also] gone to another place where my daughter is building a house and inquired about my whereabouts. I do not know why they are following me, maybe because of Lalith Rajapakse, who is also under threat due to his FR Case and a court case against the police officers for his torture.


SUGGESTED ACTION:
Please send a letter to the Sri Lankan government urging it to provide urgent protection to the persons mentioned above and to take immediate action to investigate this matter and to bring the perpetrators to justice.
  
Sample letter:

Dear ____________,

Re: SRI LANKA: Continuing death threats to human rights activists and torture victims after Gerald Perera's killing

I am outraged to learn of another instance of death threats to human rights activists after Gerald Perera's case.

On 16 December 2004, U.L.A. Joseph Perera, a human rights activist associated with People against Torture, was threatened by two persons riding a motorcycle, who held a pistol to his head and intimidated that they would kill him if he failed to stop his human rights work. It is reported that these same persons visited a place where Joseph's daughter was constructing a house and looked for Joseph. Prior to that, Joseph and his wife received telephone calls threatening him with death if he was to engage in human rights work. Joseph has helped torture victim Lalith Rajapakse, who is also under threat due to the case filed against the police officers responsible for his torture before the High Court of Negombo.

Similarly, Fr. Nandane Manatunga, also part of People against Torture, has been subjected to a severe maligning campaign by former Officer In Charge (O.I.C.) of the Ankumbura police, Mr. Uvindasiri. Fr. Nandane helped a young torture victim, Chamila Bandara, who was alleged to have been tortured by the said O.I.C. and a number of other police officers attached to the Ankumbura Police Station. Now, cases are pending against these officers. Similar to Gerald's case, the perpetrators need to silence witnesses if they are to escape their legal liabilities.

I am aware that these attempts have been taking place continuously, while no one has been arrested regarding Gerald Perera's case. The delay in the arrest of the perpetrators in Gerald Perera's case seems to have encouraged others to engage in similar activities. 

I therefore urge you to immediately investigate all these attempts in the aftermath of Gerald Perera's case and bring the perpetrators to justice in order to avoid another tragedy. I also urge you to take quick action to arrest the culprits and masterminds of the killing of Gerald Perera without further delay.

Yours sincerely,


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SEND A LETTER TO:


1. Mr. Mahindra Rajapakse
Prime Minister
Temple Trees
Galle Road, Colombo 03
SRI LANKA
Tel: +94 11 2 543938-42 / 437676
Fax: +94 11 2 384916
E-mail: pm_sec@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. 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)
E-mail: ssyed@ohchr.org


Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-81-2004
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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.