Please - Odhikar

violations suffered by thousands of people in two southern insurrections, that lasted between
1987-1990.
Since 1977, neo-liberal and capitalist economic policies have also brought about large-scale
violations of economic, social and cultural rights. Many business enterprises, transnational
corporations and law enforcement authorities are behind such violations. Since about three years
ago, religious tensions have also escalated, resulting in the burning of places of worship and
attempts to restrict freedom of religion through legislature. In the past few years, a High Court
Judge has been killed; staff from the Attorney General's office and National Human Rights
Commission have been harassed and threatened. Lawyers, media personalities and human rights
defenders have also been threatened. In this scenario, how can victims and witnesses- often
ordinary, poor people be assured that know they and their loved ones will be safe?
I would just like to present two case studies here of Mr. Gerald Pereira and Mr. Michael
Anthony Fernando. Police tortured Gerald Pereira in 2002. In 2003, the Sri Lankan Supreme
Court awarded him record damages for this violation of his rights and integrity. On 21st Nov.
2004, Mr. Pereira was shot on his way to work, and died three days later. He was due to testify in
a criminal case against the afore-mentioned policemen on 2nd Dec. 2004.
Mr. Fernando has filed several cases of human rights violations by several prison guards who
had tortured him, while he was in custody after being sentenced to a term of one years
imprisonment on the basis of alleged contempt of court in a highly criticized judgment. After
serving his time in prison, he had received several death threats about which he complained to
the local authorities as well as to the UN Human Rights Committee. On 9 January 2004, the UN
Human Rights Committee, in pursuant of Rule 86 of the Committee's Rules of Procedure, made
a request to the Sri Lankan government to adopt all necessary measures to protect the life, safety
and personal integrity of the author and his family members, so as to avoid irreparable damage
to them. [Untied Nations High Commission for Human Rights Reference: G/SO 215/51 SRI (7)]
However, there was no response from authorities. In February 2004, there were attempts on his
life. Mr. Fernando subsequently left the country, in view of the inability and unwillingness of
authorities to guarantee his security.
Some key issues can be highlighted from these case studies:
� Victims are often threatened-during trial, before trials and even after. Even when the matter
is such that the Attorney General files cases!
� Multiple and continuing victimization-as evident in the above case studies, most victims
end up being continuously victimized-being threatened, abused over and over again.
� In many cases, threats to victims and witnesses target family members- and in many cases,
the lives of family members, including children, are affected by threats, intimidation and
harassment on victims and witnesses.
� Victims and Witnesses are often forced to rely on protection from the perpetrators of human
rights violations. In many instances, perpetrators of human rights violations continue to serve in
the respective areas.
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Report 2005