Sri Lanka: AHRC Statement: Another complainant in a torture case shot dead

In this statement the Asian Human Rights Commission denounces the murder of Mr. Nishantha Fernando. Mr. Fernando had made complaints of torture and bribery against a senior police officer and several other police officers. Mr. Fernando was shot dead on the 20th September 2008.

AHRC-STM-246-2008
September 20, 2008
A Statement by the Asian Human Rights CommissionSRI LANKA: Another
complainant in a torture case shot dead

Prompt enquiries from a competent and independent special police unit
needs to be conducted into to the assassination of Siyaguna Kosgodage
Anton Sugath Nishantha Fernando, who was a complainant in a torture
case before of the Supreme Court and a bribery case before the High
Court against several police officers attached to the Negombo Police
Station.

Nishantha Fernando, who had made complaints of torture and bribery
against a senior police officer and several other police officers,
was shot dead today, 20th September 2008, at Dalupotha junction,
Negombo. He was shot at around 10 a.m. and was rushed to the Negombo
hospital where he has been pronounced dead. He was driving his van
accompanied by his 11 year old son when two persons travelling on a
motorbike came from behind and shot him. The assassin fell from the
motorbike but mangaged to remount and then and then fled towards
Chilaw. Fortunately, the son was unharmed.

Nishantha Fernando had repeatedly complained to the Inspector General
of Police and all local authorities, including the Attorney General,
the National Police Commission (NPC) and the Human Rights Commission
of Sri Lanka and also to the bribery commission, about the constant
threats he had been receiving of assassination of himself and his
family. On the 23rd of June 2008 four men, believed to be hired by
the police, arrived at his house and told him to withdraw the
fundamental rights complaint currently pending before the Supreme
Court of Sri Lanka, stating that if within 24 hours he did not do so
, he and his family would be assassinated. He and his family
immediately went into hiding and informed the all the relevant
authorities of the threat. The Asian Human Rights Commission also
published the story of the threats widely. He returned to his home
after a long period in hiding only recently.

The initial complaint of Nishantha Fernando was against police
inspector Mahagamage Dharmadasa for soliciting a bribe of 5,000
rupees (about 46 USD). The Bribery Commission inquired into the
matter and filed a prosecution before the High Court of Colombo,
bearing number Bribery/1658/2006. Following the arrest of policemen,
about 12 police officers from Negombo attacked the whole family (wife
and two children) and seriously injured them. Thereafter Nishantha
Fernando was brought to the Negombo Police Station and further
tortured. A case bearing number SCFR.446/07 was filed against twelve
police officers in Negombo regarding this assault. The Supreme Court
granted leave proceed in the case. Now the case is before the Supreme
Court for its final hearing.

Nishantha Fernando and his family had taken all the precautions for
their safety and asked all the authorities to provide protection for
him and his family. The Inspector General of Police has written back
to the human rights organisations saying that inquiries were being
conducted into this matter. However, this daylight killing of the
complainant of a torture case and a bribery case clearly indicates
the utter negligence of the police authorities in protecting him.
Despite of two cases pending before the Supreme Court and the High
Court, none of the police officers were transferred from the police
station and thus they were placed in an advantageous position to take
their revenge from a citizen who had dared to complain against them.

In the earlier case of Gerald Perera, a torture victim who was due to
give evidence before the High Court against a sub inspector of police
and several other police officers who were formally attached to the
Negombo Police Station, was shot dead while travelling on a bus. The
sub inspector and another lay accomplice have been charged with
murder in that case, and several of the police officers have, on
their own, given voluntary confessions to the Magistrate at Wattala
about what they knew about the murder. However, in the torture case
against the police officers, they were all acquitted by the High
Court Judge, who, while holding that the torture took place at the
Wattala Police Station, acquitted the accused as there was no
eyewitness to the torture.

The Sri Lankan government has agreed with the Human Rights Council to
enact a witness protection. The Minister of Disaster Management and
Human Rights introduced this act several months back to the
parliament. However, it has not been passed. There is no statutory
authority take prompt action in order to deal with the request by
witnesses who complained about threats to their lives. There is a
callous disregard to all such requests which virtually creates
confidence in errant police officers to take revenge their opponents
in this manner. The responsibility for providing witness protection
is with the Inspector General of Police but there is nothing on
record to show that he has not acted in a manner to encourage attacks
on the witnesses.

There is fear now, quite legitimate under the circumstances, that the
inquiry into this murder will be hushed up. There are so many ways of
sabotaging inquiry into murders in which the alleged suspects are the
police.

The Asian Human Rights Commission urges the Inspector General of
Police to initiate prompt and effective investigation into this
matter with a special team of competent and impartial police
officers. Leaving the investigation to the Negombo police station or
to any of the higher authorities of the police in charge of this area
would mean to give opportunity to tamper with evidence and to destroy
the possibility of prosecution in this case. The higher authorities
of police in the Negombo area were aware of the cases before the
Supreme Court and the High Court against the police officers and
about the complaints made by Nishantha Fernando and his family of
threats to their lives. However, these authorities did nothing to
protect him. Therefore to leave the inquiries in the hands of these
persons would not create a belief that a credible and an impartial
inquiry will be held into this case.

We also urge the United Nations Rapporteurs on Torture and on
Extra-judicial Killings and all other relevant mechanisms to take up
this case as a matter of priority and demand a proper inquiry into
this killing. We also urge the local human rights community and the
media to take up this matter as it raises fundamental issues
regarding protection of human rights in Sri Lanka. We also urge the
international human rights organisations to proactively pursue this
case.

For further details see
www.ahrchk.net/pr/mainfile.php/2008mr/535/ and
www.ahrchk.net/ua/mainfile.php/2008/2911/

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About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights
issues in Asia. The Hong Kong-based group was founded in 1984.