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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 16 October 2003

[RE: 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-42-2003: SRI LANKA: Threats to the life of the torture victim Lalith Rajapakse

SRI LANKA: Update on torture victim, Lalith Rajapakse was acquitted of fabricated charges
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Dear friends

The Asian Human Rights Commission (AHRC) has received information that there was a threat to the life of the torture victim Lalith Rajapakse.

Lalith Rajapakse, who was tortured by the police officers attached to the Kandana Police Station, has made complaints about his case, and the case against the perpetrators is currently pending. Moreover, the case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and the date of hearing is scheduled on 23 October 2003. AHRC fears that some harm may be caused to Lalith before the hearing of the cases. Your urgent action is required to pressure the local authorities to ensure the safety of Lalith and his family.

To see our previous urgent appeals regarding Lalith Rajapakse's case, please visit:

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

On the evening of 14 October 2003, four persons visited Lalith Rajapakse's house and asked for Lalith, who was not at home at the time. When Lalith Rajapakse's family inquired about their identities, these four persons answered that they had been sent by a Sub-Inspector from the Kandana Police Station and Lalith should go with them to meet the Sub-Inspector (who was not named) at the police station. Lalith's family made a complaint regarding this matter to the National Human Rights Commission Hot Line right away. When inquiries were made with the Kandana Police, they reported that they have not sent anyone to bring Lalith to the police station. The family fears a plot against Lalith because there are many instances in Sri Lanka, in which criminals have been engaged as hired assassins by interested parties.

Lalith Rajapakse, who was tortured by the police officers attached to the Kandana Police Station, had made complaints about his case. After the investigation of Lalith's case, the Prosecution of Torture Perpetrators Unit filed a criminal action under the Torture Act (Act No. 22 of 1994) against Sub-Inspector Peiris and some other officers before the Negambo Magistrates Court and the case is currently pending. According to the law, if these accused are found guilty, the mandatory sentence prescribed by Act No.22 of 1994 is seven years. Moreover, the case Lalith Rajapakse filed against the police for violation of fundamental rights is pending before the Supreme Court of Sri Lanka and the date of hearing is scheduled on 23 October 2003. On 29 September 2003, Lalith was acquitted of the two fabricated charges that the police officers filed against him at the Magistrate's Court of Wattala, on the basis that there was no evidence at all to connect him to the charges.

Meanwhile, S.I. Peiris who is an accused in this case has tried to contact several persons from human rights groups who have helped Lalith with his case, in order to pressurize him into not proceeding with the cases. Lalith and his family have made several earlier complaints of threats to him as well as to the grandfather. At the initial stages, after making the complaint against the police, there was an attempt to poison the grandfather through an intermediary, which was brought to the notice of the police authorities through the National Human Rights Commission. Also, the officer in charge of the police station who is the first respondent in the fundamental rights case continues in his post as the Officer-in-Charge of the Kandana Police Station.

SUGGESTED ACTION:

Send a letter, fax or email to the addresses below and ask the local authorities to ensure the safety of Lalith and his family.

1 Hon. Mr. Ranil Wickremasinghe
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94 1 2 682905
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 1 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Ranjith Abeysuriya PC
Chairman National Police Commission
69-1 Ward Place, Colombo 7
Sri Lanka
Fax: +94 1 2 691 926
Fax HOME: +941 2 674148

4. National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94 1 2 694 925 / 673 806
Fax: +94 1 2 694 924
E-mail: sechrc@sltnet.lk

5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch

Sample letter:

Dear

I am writing to bring your attention on the recent threat to the life of the Lalith Rajapakse.

According to the grandfather of Lalith Rajapakse, on the evening of 14 October 2003, four persons visited Lalith Rajapakse's house and asked for Lalith, who was not at home at the time. When Lalith Rajapakse's family inquired about their identities, these four persons answered that they had been sent by a Sub-Inspector from the Kandana Police Station and Lalith should go with them to meet the Sub-Inspector (who was not named) at the police station. Lalith's family made a complaint regarding this matter to the National Human Rights Commission Hot Line right away. When inquiries were made with the Kandana Police, they reported that they have not sent anyone to bring Lalith to the police station. The family fears a plot against Lalith because there are many instances in Sri Lanka, in which criminals have been engaged as hired assassins by interested parties.

Lalith and his family have received several threats after making the complaint against the police. Also, the officer in charge of the police station who is the first respondent in the fundamental rights case continues in his post as the Officer-in-Charge of the Kandana Police Station.

I am very concerned of the safety of Lalith and his family and I fear that some harm may be caused to Lalith before the hearing of the case which is scheduled on 23 October 2003. Therefore, I urge you to take appropriate action to protect him, both as a torture victim seeking redress and as a complainant in a High Court trial. I also urge you to transfer the OIC and the other police officers away from the police station until disciplinary action is taken against them.

Sincerely yours,

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Thank you.

Kim Soo A

Urgent Appeals Programme

Asian Human Rights Commission (AHRC)