24.11.04
Urgent Interventions
Sri Lanka : the death of Mr. Gerald Mervin Perera on 24 November 2004
Case LKA 170602.2
Follow-up of Case 170602
Killing of a torture victim
Geneva, November 24, 2004
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the death of Mr. Gerald Mervin Perera on 24 November 2004 after being in critical condition since he was shot on 21 November 2001, in Sri Lanka.
According to the information received, Mr. Perera, a cook at the Colombo Dockyards, residing at 52/2B Iddhagodella, Mihidumawatte, Gonagaha, was allegedly shot on 21 November 2004 at around 11:15am by unknown perpetrators with suspected links to former officers of Wattala Police Station. Mr. Perera was a torture victim who had obtained the highest compensation payout from a supreme court decision, and who was the complainant in a criminal case of torture against several officers formerly of Wattala Police station, including Sub-Inspector (SI) Suresh Gunaratne and SI Herath, where he was to appear on 2 December 2004.
According to the information provided, Mr. Perera changed buses at Jaela to travel to Colombo. After he boarded the bus at Welisara a person, which exited from an automobile having the licence plate no. 65-68-39, also entered the same bus. This person walked to the back row of the bus where Mr. Perera was sitting and shot Mr. Perera. The shooter then exited the bus, returned to the same automobile as he had arrived in and exited the scene. Mr. Perera was taken directly to the Ragama Main Hospital in the bus, and after some treatment Mr. Perera was taken to the Colombo Main Hospital for emergency care. According to Mr. Perera’s family members Mr. Perera was in critical condition, and they have lodged a complaint at the Ragama hospital police post, and the Ragama Police Station. The AHRC has also notified the police authorities about this event.
In recent weeks it is reported that Mr. Perera had been under pressure to withdraw the case against the before mentioned officers in the Negombo High Court, under the Convention against Torture Act of Sri Lanka, Act No. 22 of 1994. If convicted, these officers face a minimum of seven years in prison. Sources from the victims family have stated that a group of police officers recently visited Mr. Perera’s home and pressured him to withdraw the case. The AHRC also reports to have received information that acquaintances of Mr. Perera have also been confronted by SI Suresh and SI Herath asking them to influence Mr. Perera to withdraw the complaint. Furthermore, a provincial council member of Mabole, known by Mr. Perera’s family as Mr. Niroshan, has also visited the victims home and asked Mr. Perera to withdraw his complaint.
It is alleged, that the attempts, made by government and police officials and the alleged torturers, to pressure Mr. Perera into withdrawing the case has lead to the killing of Mr. Perera.
The International Secretariat of OMCT condemns the killing of Mr. Gerald Marvin Perera and expresses its grave concerned for the physical and psychological integrity of Mr. Gerald Mervin Perera’s family, as according to the information Mr. Perera’s wife and other family members fear for they lives. OMCT calls on the authorities to immediately guarantee their personal integrity at all times, and furthermore, calls on the authorities to launch a prompt, thorough and impartial investigation into the circumstances of this killing in order to find those responsible for any violations of human rights and to bring them to justice.
Background information
According to the information received, Mr. Perera, a father of two, was arrested at 12:45pm on June 3rd, 2002, in the presence of his wife W.P. Padma Wickramaratne, by ten plainclothes police officers from Wattala police station. Mr. Perera was then taken to Wattala Police Station where he was reportedly severely tortured under the supervision of Officer in Charge Sena Suraweera, Sub Inspector Kosala Navaratne, Officer in Charge of Crimes, Sub-Inspector Suresh Gunaratne, Sub-Inspector Weerasinghe, Sub-Inspector Renuka, Police Constable Nalin Jayasinghe, Police Constable Perera and another un-named police officer.
According to the report, the police officers tied Mr. Perera’s hands behind his back, blindfolded him and hung him from a beam, before brutally torturing him for about an hour and a half. During this time, Mr. Perera was reportedly interrogated concerning a murder case he knew nothing about.
According to the information received, Mr. Perera was released on June 4th, 2002. His brother Ranjit Perera, and the Chairman and Vice Chairman of the Pradhesiya Sabha (Provincial Council) visited the police station and spoke to the Officer in Charge. They were told that Mr. Perera had been taken into custody due to false information.
According to the report, Mr. Perera was suffering from pain and was taken to Yakkala Wickramarachchi Ayurvedic Hospital. The doctor who examined him referred Mr. Perera to Navaloka Hospital due to his being in a serious medical condition. While in the Navaloka Hospital, Mr. Perera reportedly gave a statement to an officer from the Grandpass Police Station in Colombo, concerning the torture to which he had been subjected.
According to the information received, Mr. Perera’s condition worsened on June 15th, 2002, and he was then placed on a life support system, with his family having been informed that he may not survive. It was reportedly feared that the Sri Lankan authorities may halt Mr. Perera’s use of the life support system, as the running costs were very high.
On April 4th, 2003, Mr. Gerald Perera reportedly was awarded a settlement of 800,000 Rupees as well as full medical costs as a result of the torture to which he had been subjected by police officers from the Wattala police station on June 3rd, 2002. According to our sources, Mr. Perera’s medical costs exceeded 800,000 Rupees, meaning that the coverage of his medical costs plus the 800,000 Rupees award is a significant compensatory sum. It is reported that in his decision Justice Mark Fernando found that the police officers that tortured Mr. Perera had breached Articles 18.1 and 18.2 and Article 11 of the Sri Lankan Constitution, which outlaw illegal arrest and detention and torture respectively. According to the information received, the Officer in Charge of the Wattala Police Station, Sena Suraweera, was found guilty even though he had no direct part in the torture, because the torture occurred with his knowledge and acquiescence.
Action Requested
Please write to the authorities in Sri Lanka urging them to :
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Gerald Mervin Perera’s family;
ii. order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victim’s family;
guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 24 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case 170602
Killing of a torture victim
Geneva, November 24, 2004
The International Secretariat of OMCT has received new information concerning the following situation in Sri Lanka.
New Information
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the death of Mr. Gerald Mervin Perera on 24 November 2004 after being in critical condition since he was shot on 21 November 2001, in Sri Lanka.
According to the information received, Mr. Perera, a cook at the Colombo Dockyards, residing at 52/2B Iddhagodella, Mihidumawatte, Gonagaha, was allegedly shot on 21 November 2004 at around 11:15am by unknown perpetrators with suspected links to former officers of Wattala Police Station. Mr. Perera was a torture victim who had obtained the highest compensation payout from a supreme court decision, and who was the complainant in a criminal case of torture against several officers formerly of Wattala Police station, including Sub-Inspector (SI) Suresh Gunaratne and SI Herath, where he was to appear on 2 December 2004.
According to the information provided, Mr. Perera changed buses at Jaela to travel to Colombo. After he boarded the bus at Welisara a person, which exited from an automobile having the licence plate no. 65-68-39, also entered the same bus. This person walked to the back row of the bus where Mr. Perera was sitting and shot Mr. Perera. The shooter then exited the bus, returned to the same automobile as he had arrived in and exited the scene. Mr. Perera was taken directly to the Ragama Main Hospital in the bus, and after some treatment Mr. Perera was taken to the Colombo Main Hospital for emergency care. According to Mr. Perera’s family members Mr. Perera was in critical condition, and they have lodged a complaint at the Ragama hospital police post, and the Ragama Police Station. The AHRC has also notified the police authorities about this event.
In recent weeks it is reported that Mr. Perera had been under pressure to withdraw the case against the before mentioned officers in the Negombo High Court, under the Convention against Torture Act of Sri Lanka, Act No. 22 of 1994. If convicted, these officers face a minimum of seven years in prison. Sources from the victims family have stated that a group of police officers recently visited Mr. Perera’s home and pressured him to withdraw the case. The AHRC also reports to have received information that acquaintances of Mr. Perera have also been confronted by SI Suresh and SI Herath asking them to influence Mr. Perera to withdraw the complaint. Furthermore, a provincial council member of Mabole, known by Mr. Perera’s family as Mr. Niroshan, has also visited the victims home and asked Mr. Perera to withdraw his complaint.
It is alleged, that the attempts, made by government and police officials and the alleged torturers, to pressure Mr. Perera into withdrawing the case has lead to the killing of Mr. Perera.
The International Secretariat of OMCT condemns the killing of Mr. Gerald Marvin Perera and expresses its grave concerned for the physical and psychological integrity of Mr. Gerald Mervin Perera’s family, as according to the information Mr. Perera’s wife and other family members fear for they lives. OMCT calls on the authorities to immediately guarantee their personal integrity at all times, and furthermore, calls on the authorities to launch a prompt, thorough and impartial investigation into the circumstances of this killing in order to find those responsible for any violations of human rights and to bring them to justice.
Background information
According to the information received, Mr. Perera, a father of two, was arrested at 12:45pm on June 3rd, 2002, in the presence of his wife W.P. Padma Wickramaratne, by ten plainclothes police officers from Wattala police station. Mr. Perera was then taken to Wattala Police Station where he was reportedly severely tortured under the supervision of Officer in Charge Sena Suraweera, Sub Inspector Kosala Navaratne, Officer in Charge of Crimes, Sub-Inspector Suresh Gunaratne, Sub-Inspector Weerasinghe, Sub-Inspector Renuka, Police Constable Nalin Jayasinghe, Police Constable Perera and another un-named police officer.
According to the report, the police officers tied Mr. Perera’s hands behind his back, blindfolded him and hung him from a beam, before brutally torturing him for about an hour and a half. During this time, Mr. Perera was reportedly interrogated concerning a murder case he knew nothing about.
According to the information received, Mr. Perera was released on June 4th, 2002. His brother Ranjit Perera, and the Chairman and Vice Chairman of the Pradhesiya Sabha (Provincial Council) visited the police station and spoke to the Officer in Charge. They were told that Mr. Perera had been taken into custody due to false information.
According to the report, Mr. Perera was suffering from pain and was taken to Yakkala Wickramarachchi Ayurvedic Hospital. The doctor who examined him referred Mr. Perera to Navaloka Hospital due to his being in a serious medical condition. While in the Navaloka Hospital, Mr. Perera reportedly gave a statement to an officer from the Grandpass Police Station in Colombo, concerning the torture to which he had been subjected.
According to the information received, Mr. Perera’s condition worsened on June 15th, 2002, and he was then placed on a life support system, with his family having been informed that he may not survive. It was reportedly feared that the Sri Lankan authorities may halt Mr. Perera’s use of the life support system, as the running costs were very high.
On April 4th, 2003, Mr. Gerald Perera reportedly was awarded a settlement of 800,000 Rupees as well as full medical costs as a result of the torture to which he had been subjected by police officers from the Wattala police station on June 3rd, 2002. According to our sources, Mr. Perera’s medical costs exceeded 800,000 Rupees, meaning that the coverage of his medical costs plus the 800,000 Rupees award is a significant compensatory sum. It is reported that in his decision Justice Mark Fernando found that the police officers that tortured Mr. Perera had breached Articles 18.1 and 18.2 and Article 11 of the Sri Lankan Constitution, which outlaw illegal arrest and detention and torture respectively. According to the information received, the Officer in Charge of the Wattala Police Station, Sena Suraweera, was found guilty even though he had no direct part in the torture, because the torture occurred with his knowledge and acquiescence.
Action Requested
Please write to the authorities in Sri Lanka urging them to :
i. take all measures necessary to guarantee the physical and psychological integrity of Mr. Gerald Mervin Perera’s family;
ii. order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victim’s family;
guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- Hon. Mr. Mahinda Rajapakse, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk or bradmanw@slt.lk
- Hon. 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
- Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, SRI LANKA, Fax: +94 11 2 669 128 / 691 926, Fax HOME: +94 11 2 674148, E-mail: polcom@sltnet.lk
- Mr. T. I. de Silva, Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 440440/426711/327877
- Dr. Radhika Coomaraswamy, Chairperson, National 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
- Ambassador Prasad Kariyawasam, Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in Geneva, Rue de Moillebeau 56, Case postale 436, 1211 Genève 19, Tel. : +41 22 / 919 12 50, Fax : +41 22 / 734 90 84, E-mail : mission.srilanka@ties.itu.int
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, 24 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.