An Open Letter to the Ministry for Disaster Management and Human Rights in Sri Lanka

FOR IMMEDIATE RELEASE
September 021, 2008
AHRC-OLT-022-2008

An Open Letter to the Ministry for Disaster Management and Human
Rights in Sri Lanka.

SRI LANKA: A man who sought your protection
against death threats from police officers in Negombo was shot dead
yesterday

(Please note that a similar letter was also sent to the Secretary to
the Ministry, Prof Rajiva Wijesinghe)

September 21, 2008

Hon. Minister Mahinda Samarasinghe
Ministry of Disaster Management and Human Rights
2, Wijerama Mawatha
Colombo 7
SRI LANKA

Fax: +94 11 269 3284
E-mail: info@dmhr.gov.lk

Dear Mr. Samarasinghe,
Re: A man who sought your protection against death threats from
police officers in Negombo was shot dead yesterday

The Asian Human Rights Commission is writing this to bring to your
notice that Mr. S.K.A.S. Nishanta Fernando, who was a complainant in
a bribery case and a torture case against several police officers in
Negombo, who sought your intervention to ensure his protection
against threats to his life and that of his family, was shot dead at
Dalupatha Junction yesterday, 20th September 2008.

The letter written to you and Prof. Rajiva Wijesinghe, the
ministry’s secretary was sent to you on June 24th 2008 and was
also published by us as an open letter. The full text of the letter
sent to you is attached herewith:

The AHRC did not receive any reply or even an acknowledgement of our
letter from you or your ministry’s secretary. What action you
took on this very serious request for assistance on death threats we
do not know and to our knowledge the family also, has not heard from
you or your ministry’s secretary. Even if you did take some
action it has either not been heeded by anyone in authority, or has
not proved to be of any effectiveness as the man was shot dead in
broad daylight at 10a.m. while driving his vehicle while accompanied
by his 11-year-old son.

The family, in subsequent statements to the police, as well as to the
media clearly stated the names of the policemen whom they suspected of
being behind this assassination. Mr. Fernando’s widow has also
clearly stated that they have no one else to suspect except the
police officers against whom her husband was pursuing two cases for
bribery and a fundamental rights case regarding torture.

You yourself, and the secretary to your ministry have been making
solemn statements before the forums of the United Nations and other
public forums, affirming the government’s commitment to provide
witness protection to its citizens. However even in this simple matter
where a man has directly sought your protection against death threats
you have been unable to provide any form of protection to him.

Judging by previous experience, we have reason to believe that the
assistance of your ministry will now be sought to cover up this
incident and to create the impression that inquiries are taking place
while, in fact, impunity will be directly or indirectly assured to the
perpetrators. We therefore wish to caution you against such pressure
and once again, even despite of not receiving any effective response
for the earlier request for protection against death threats, again
we urge you to use your authority to ensure a thorough investigation
into this matter. Such investigation, if it is to be done with any
credibility, should be taken out of the hands of the police officers
in the Negombo area, including the high ranking officers of the area,
one of whom is the 1st Respondent in the fundamental rights case
before the Supreme Court. Only an investigation by a competent
special unit of inquiry that is not pressurised politically to
protect the perpetrators, can ensure justice in this case.

The famous Draft Bill for the Assistance and Protection of Victims of
Crime and Witnesses that was introduced to parliament in June, is
still pending. Despite of the many glowing speeches of the speedy
passing of this law, persons like Mr. Fernando have not lived to see
the benefit of such a law. Naturally, no one can be blamed for
reacting to such deaths with a cynical conviction that all such talk
about witness protection is just political bluff.

Despite of all this we still appeal to you as officially, your
ministry is supposed to be in charge of the protection and promotion
of human rights in the country. We urge you to:

a. To make a public statement about this case.
b. To take all practical measures to ensure an independent and
impartial investigation by a competent team outside the officers
working in the Negombo area.
c. To take at least the minimum step of transferring all the officers
against whom the cases are pending before the High Court of Colombo
and the Supreme Court on the basis of complaints made by Mr.
Fernando.

Thank you

Yours sincerely,

Basil Fernando
Executive Director
Asian Human Rights Commission

Attached: A copy of the earlier letter:

Dear Mr. Samarasinghe,

Re: Save the lives of a family of torture victims facing death
threats

(the following was sent as a letter to the Hon. Minister Mahinda
Samarasinghe, Ministry of Disaster Management and Human Rights by the
Asian Human Rights Commission.

A family in Negombo has complained of death threats made against the
entire family due to a complaint of bribery and a fundamental rights
application filed in the Supreme Court of Sri Lanka. S.K.A.S Nishanta
Fernando, made a complaint against an Inspector of Police (IP) who
solicited a bribe of Rs. 5,000/= from him and the Bribery Commission,
having investigated the complaint, filed an action against this police
officer at the High Court of Colombo. Later about 12 police officers
surrounded the house of Mr. Fernando and severely assaulted his wife,
A.S. S. Padma Peiris, and his daughter, Dilukshi, a minor and son,
Anjana, also a minor, causing severe injuries.

The husband, wife and two children submitted a petition to the
Supreme Court under the fundamental rights jurisdiction and the
Supreme Court gave leave to proceed in this case. Yesterday, June
23rd, two persons made threats to the family to withdraw the
fundamental rights application within 24 hours or otherwise the
entire family would be killed. The family reported this matter to the
Deputy Inspector General of Police at Peliyagoda yesterday.

The Asian Human Rights Commission yesterday made appeals to the chief
justice, the Attorney General, the Ministry of Human Rights and
Disaster Management and the Human Rights Commission of Sri Lanka to
investigate into this matter and provide protection to the family.

Fundamental rights application

In the Fundamental Rights Application, 446/07, the Petitioners have
stated that both the husband and wife were approached by police
officers demanding that they not give evidence in the bribery case
bearing case number B/424/05, against the IP.

On November 12, 2007 a police squad arrived in jeeps, motorcycles and
three-wheelers and surrounded the Petitioners house. They then abused
and assaulted the family members. The husband was assaulted with
fists and when he fell on the floor he was kicked and trampled until
he fell unconscious. The wife was hit with a pistol on her forehead
close to the eye from which wound she started to bleed. Several
police officers assaulted and trampled the wife even after she fell
to the floor. The young daughter was slapped by a police officer and
hit about the head. One police officer tried to remove her blouse,
despite of her struggle against this. She then started to scream. She
was dragged to the police jeep and one of the officers tried again to
lift her blouse. When she screamed again she was beaten. She shouted
from the window asking someone to go and inform the grandmother. And
when she inquired where they were being taken a police officer
replied, ‘We are taking you to the beach to kill you.’
The young son was dragged to a wall and struck about the head, face
and stomach. Due to this mistreatment he lost part of a tooth and his
lip was split.

The husband regained consciousness only when he was inside the Crime
division of the Negombo police station and water had been thrown over
him. One police officer was shouting that this fellow had to be killed
and that the SSP has said to do this. He was dragged out of the room
and overheard an officer speaking over the telephone to someone,
‘Sir that is the thing that I am writing now. This fellow who
is half dead now is in front of me.’ Later, after their release
all the members of the family sought medical treatment and the medical
reports confirmed their injuries. In an application made to the
Colombo High Court in the bribery case the High Court judge canceled
the bail granted to the police officer who was the accused in this
case.

It was about this assault on the entire family that the fundamental
rights application was made and the Supreme Court granted leave to
proceed. The death threats were made against the family for the
purpose of forcing them to withdraw this fundamental rights
application. In an affidavit signed by Mr. Fernando he states as
follows:

On 23.6.2008 at about 11 in the morning, myself and my wife were
going towards the Negombo hospital in our three-wheeler bearing
number 205/8052 in order to get treatment for my wife. While we were
traveling in Chilaw, Colombo Road, near Dalupatha Bridge, there was a
heavy goods vehicle bearing number WP-L (DOG) 5347 and the persons
named Niroshan and Nimal and some others unknown to the family were
there. Niroshan and Nimal signaled us to stop the three-wheeler with
their arms. The driver our other three-wheeler was one Ajith and he
stopped. Niroshan and Ajith put their heads into the three-wheeler
and told us threateningly “if you do not withdraw the human
rights petition filed against the Negombo police by tomorrow morning
we will kill all of you by tomorrow afternoon. The Negombo police
have given us permission to kill you all.”

We were frightened by this threat, turned our vehicle and returned
home. Shortly after our return we heard some people banging our gate
and two people shouting, “Open the gate. If you do not withdraw
the petition by tomorrow evening we will kill you all, the police have
given us permission for that, open the doors.” Due to fear we
did not open the gate but when we looked over the gate we saw
Niroshan and Nimal whose names we do not know, hitting the gate. We
clearly identified Niroshan and Nimal. A little later this group left
in their vehicle. We have hear that this Niroshan is an army deserter.

These threats have been made against us to force us to withdraw the
fundamental rights petition we have filed at the Supreme Court of Sri
Lanka. We made a complaint at the office of the DIG crimes at
Peliyagoda and the complaint bears number SIIV 345/266.

As they have threatened to kill us we are afraid to live in our house
and we request that protection for our lives be provided and the
conditions for the carrying out of our ordinary business be restored
to us.

This incident is just a mirror of what is happening today in Sri
Lanka, even in those areas which are far away from any conflict zone.
Negombo is situated close to the main airport of the country and just
a few miles away from the capital, Colombo. The incident, beginning
with the soliciting of the bribe, to the torture of a whole family,
and now the making of death threats has taken place within this
locality where there are check points with heavy police and military
presence. The lives of the ordinary people are so disturbed by this
type of threat constantly and complaints made to state agencies
produce little, if any change in the situation. The famous case of
the assassination of Gerard Perera, which also took place within this
same vicinity, has become the symbol of the terrible fear that the
people have to live with under the present circumstances.

Complaining about the police or other state agencies about bribery,
torture or anything else, has become a dangerous exercise. Not only
do these officers enjoy impunity for the wrongs they do, but they can
also kill or harm those who complain against them. Complaining about
violations of rights has become an offense that may carry capital
punishment by unofficial means.

Under these circumstances we urge you to take the following steps for
the protection of these persons as your ministry is named also, the
Ministry for Human Rights:

1. Immediately investigate this matter through an independent police
unit from outside the Negombo area, preferable through the Special
Investigating Unit, which used to investigate torture related
complaints.
2. Take immediate steps to provide protection for this family by
assigning this task to a responsible unit who should take
responsibility for the lives of the members of this family.
3. Until the problem is resolved take steps to provide alternative
residence for the family with special protection for the wife and the
two young children who are still minors.
4. Take steps to ensure prosecution of the offenders relating to the
complaint of torture made earlier and narrated above and also for the
making of death threats, including instigating criminal elements
against this family.

Under the circumstances it would be natural to hold your ministry and
other state agencies who have been informed of these threats
responsible if any harm befalls any member of this family.

Thank you,

Yours sincerely,

MOON Jeong Ho
Programme Officer
Asian Human Rights Commission

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