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

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

10 March 2006

[RE: UP-031-2006: SRI LANKA: Supreme Court granted to leave to proceed in a torture case for the compensation filed by S.A. Akila Chaturanga; UA-006-2006: SRI LANKA: Arbitrary arrest, detention and torture of a man by the Horana police]
------------------------------------------------------
UP-043-2006: SRI LANKA: Young man who was brutally tortured by the Horana police now threatened to withdraw his Supreme Court Case

SRI LANKA: Torture; threat and intimidation; need for witness protection; collapse of rule of law
------------------------------------------------------
Dear friends,

The Asian Human Rights Commission (AHRC) has come to learn of the threats being made against a torture victim by personnel from the Horana police. SA Akila Chaturanga, who was tortured by Sergeant Caldera and others from the Horana police in December 2005 has, in recent days, faced severe threat and intimidation to withdraw his case against the perpetrators following the Supreme Court’s decision to grant leave to proceed with the case. The next hearing of the case is fixed for April 28, in which time it is feared that even further threats will be made against Mr. Chaturanga.

Mr. Chaturanga has complained that ever since the Supreme Court’s decision, various people have visited his house on behalf of the policeman to try and persuade him to withdraw his case and some have even offered him a substantial bribe for doing so. In the latest attempt to get this case withdrawn, his own brother and sister-in-law forced him to visit the Janasansadaya office to withdraw the case. Ironically none of his homefolk were even aware of this. Although neither Mr. Chaturanga nor his parents want the case withdrawn and instead wish to seek justice for the degrading and brutal treatment meted out to him by the police, it is feared that this young man might be unable to withstand the pressures against him.

What makes this situation of threat and intimidation possible is that the alleged perpetrators continue to hold their positions at the same police station, and therefore maintain the authority and are within close distance to the victim to enable them to harass him in the manner that they currently are. Despite reassurances in the past from authorities in the country that alleged perpetrators within the police force would be transferred or subjected to disciplinary procedures, this clearly has not occurred in many cases, including that of Mr. Chaturanga. The Government of Sri Lanka has likewise given assurances both locally and internationally to provide effective witness protection to all victims of crime, particularly those who have suffered injuries at the hands of state officers, but again this has fallen well short of what has been promised. While such failures by the authorities in Sri Lanka continue to occur victims such as Mr. Chaturanga will face further threat and intimidation. 

SUGGESTED ACTION:

Please write to the relevant authorities listed below seeking their intervention in securing the safety of Mr. Chaturanga and ensuring that no further threats or intimidation are directed at him. To properly ensure Mr. Chaturanga’s safety, all officers who are respondents in the Fundamental Rights Application 29/2006 must be immediately transferred from the Horana Police Station. Further, an inquiry should also be conducted by the SIU under Act no. 22 of 1994 to proceed against the officers for committing an offense of torture.

Suggested letter:

Dear _____________,

SRI LANKA: Young man who was brutally tortured by the Horana police now threatened to withdraw his Supreme Court Case

Name of victim: SA Akila Chaturanga, 22, unmarried; Occupation: farmhand.
Name of alleged perpetrators: The OIC, Sergeant Caldera, PCs R1768 and 31288 of the Horana police station.

I write to you with grave concern for the safety of a torture victim who is currently receiving threats indirectly by his perpetrators in an effort to have him withdraw the case. Mr. Chaturanga was tortured by Sergeant Caldera and others from the Horana police in December 2005 and, in recent days, has faced severe threat and intimidation to withdraw his case against the perpetrators following the Supreme Court’s decision to grant leave to proceed with the case. The next hearing of the case is fixed for April 28, in which time it is feared that even further threats will be made against Mr. Chaturanga.

Mr. Chaturanga has complained that ever since the Supreme Court’s decision, various people have visited his house on behalf of the policeman to try and persuade him to withdraw his case and some have even offered him a substantial bribe for doing so. In the latest attempt to get this case withdrawn, his own brother and sister-in-law forced him to visit the Janasansadaya office to withdraw the case. Ironically none of his homefolk were even aware of this. Although neither Mr. Chaturanga nor his parents want the case withdrawn, and instead wish to seek justice for the degrading and brutal treatment meted out to him by the police, it is feared that this young man might be unable to withstand the pressures against him.

What makes this situation of threat and intimidation possible is that the alleged perpetrators continue to hold their positions at the same police station, and therefore maintain the authority and are within close distance to the victim to enable them to harass him in the manner that they currently are. Despite reassurances in the past from authorities in the country that alleged perpetrators within the police force would be transferred or subjected to disciplinary procedures when a case such as this arises, this clearly has not occurred in many cases, including that of Mr. Chaturanga. The Government of Sri Lanka has likewise given assurances both locally and internationally to provide effective witness protection to all victims of crime, particularly those who have suffered injuries at the hands of state officers, but again this has fallen well short of what has been promised. While such failures by the authorities in Sri Lanka continue to occur, victims such as Mr. Chaturanga will face further threat and intimidation. 

In light of this and owing to the urgency of this matter due to the immediate threat against the victim, I call on you seeking your intervention in securing the safety of Mr. Chaturanga and ensuring that no further threats or intimidation are directed at him. To properly ensure Mr. Chaturanga’s safety, all officers who are respondents in the Fundamental Rights Application 29/2006 must be immediately transferred from the Horana Police Station. Further, an inquiry should also be conducted by the SIU under Act no. 22 of 1994 to proceed against the officers for committing an offense of torture. The investigation should also inquire into the many human rights violations that have occurred at the hands of the Horana police in recent times.

I trust your intervention will be forthcoming.

Yours sincerely,
______________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk 

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421 

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

4. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
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 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk

6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President) 
Email: secretary@presidentsoffice.lk

7. 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 Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)