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Procedure, made a request to the Sri Lankan government to adopt all necessary measures to<br />

protect the life, safety and personal integrity of the author and his family members, so as to<br />

avoid irreparable damage to them. [Untied Nations High Commission for Human Rights<br />

Reference: G/SO 215/51 SRI (7)]<br />

However, there was no response from authorities. In February 2004, there were attempts on his<br />

life. Mr. Fernando subsequently left the country, in view of the inability and unwillingness of<br />

authorities to guarantee his security.<br />

iii. Mr. Mohamed Priyantha<br />

Mr. Priyantha is a torture victim, who filed a charge of torture at the National Human Rights<br />

Commission (NHRC) and the National Police Commission (NPC), against the officer-in-charge<br />

(OIC) and a police constable from the Horana Police Station. He has been threatened and<br />

intimidated by the police in an effort to pressure him to withdraw his complaint.<br />

Following his detention, Priyantha has consistently been receiving messages from the<br />

perpetrators demanding him to withdraw his complaint against them. A friend informed<br />

Priyantha that the perpetrators had been looking for him and that he would be killed if he<br />

continues with the case filed before the NHRC and NPA. He then filed the matter in a police<br />

station in Vavuniya, which is approximately 250 kilometers from his home for fear of his life.<br />

Despite the charges against the perpetrators, no sanctions or restrictions have been imposed on<br />

them. In fact, they have continued to work in the same police unit where the incident of torture<br />

took place.<br />

3.3 Key issues:<br />

� Victims are often threatened-during trial, before trials and even after. Even when the matter<br />

is such that the Attorney General files cases!<br />

� Multiple and continuing victimization-as evident in the above case studies, most victims<br />

end being end of being continuously victimized-being threatened, abused over and over again.<br />

� In many cases, threats to victims and witnesses target family members- and in many cases,<br />

the lives of family members, including children, are affected by threats, intimidation and<br />

harassment on victims and witnesses.<br />

� Victims and Witnesses are often forced to rely on protection from the perpetrators of human<br />

rights violations. In many instances, perpetrators of human rights violations continue to serve in<br />

the respective areas.<br />

� Police and even powerful local politicians often offer bribes to poor victims and witnesses,<br />

as incentives for not testifying and withdrawing cases against them.<br />

� Fabrication of false charges create frustration as well as practical difficulties for witnesses<br />

and victims, thereby making some of them either reluctant to testifying or withdraw cases.<br />

� Victimization by delayed court cases- including instances where witnesses travel far to<br />

Report 2005<br />

163

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