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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-81-2004
ISSUES: Human rights defenders,

[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]

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-77-2004UP-76-2004UP-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.
  

To support this case, please click here: SEND APPEAL LETTER

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
Countries : Sri Lanka,
Issues : Human rights defenders,