Sri Lanka: Another police officer arrested in connection with the murder of Mr. Gerald Mervin Perera

Case LKA 170602.4
Follow-up of Case LKA 170602
Another police officer arrested in connection with the murder of Mr. Perera


Geneva, February 22, 2005

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, that the Criminal Investigation Department (CID) that has been handling the investigation into the murder of Mr. Gerald Mervin Perera, has arrested and detained Polwatta Ratubaduge Ajiith Wishantna, for the murder of Mr. Perera. He was later identified by a witness during an identification parade.

OMCT welcomes the arrest of Polwatta Ratubaduge Ajiith Wishantna but remains gravely concerned for the safety of Mr. Perera’s wife and family. Furthermore, OMCT urges the Sri Lankan authorities to ensure that the trial of the case of Mr. Perera be filed and heard as soon as possible, bearing in mind that the filing of indictments and the hearing of cases in courts takes a long time, during which the families of victims continue to be at risk.


Brief reminder of the situation

According to the information received from the Asian Human Rights Commission (AHRC), 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 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, where he was to appear on 2 December 2004. He succumbed to his injuries on 24 November 2004. During a number of weeks before Mr. Perera was murdered, AHRC reported that he had been under pressure to withdraw the case against the below mentioned officers. A group of police officers reportedly visited his home. Acquaintances of Mr. Perera were also approached.

Following the murder of Mr. Perera, SIS Suresh Gunasena, Police Constable 38237, Nalin Jayasinghe and Perera, Police Constable 9197 were indicted under the Torture Act of Sri Lanka (Act No. 22 of 1994) for the torture of Mr. Gerald Perera and were transferred from the station in which they were serving.

D.P. Chandimal Amarakoon, Pradeep Kimar and H.A. Asela Kumara Herath made statements to the Wattala Magistrate’s Court in January of this year in which they admitted that they were involved in killing Mr. Perera as they feared that they would go to jail if he had given evidence on 2 December 2004 in Negombo High Court.

Sena Uraweera, Chief Inspector of Police and Officer in Charge of Weattala Police Station was removed from his post and transferred to another police station as a supernumerary officer.


Action Requested
Please write to the authorities in Sri Lanka urging them to:
i. bring those indicted to trial and apply the penal and/or administrative sanctions as provided by law;

ii. take relevant measures to protect witnesses, in particular his wife and family, and evidence in relation to Mr. Perera’s death;

iii. guarantee that adequate reparation is provided to the victim’s family;

iv. 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
  

Please also write to the embassies of Sri Lanka in your respective country.


Geneva, 22 February 2005

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.