The Asian Human Rights Commission (AHRC) last week drew attention to the killing of a torture victim as well as a complainant in a bribery case against the police, by unidentified gunmen while he was driving with his son on September 20, 2008.

"Before this killing took place, the victim had repeatedly asked relevant authorities for protection for his family. However, his requests were ignored", AHRC asserted in a statement.

Siyaguna Kosgodage Anton Sugath Nishantha Fernando was a complainant in a torture case before the Supreme Court and a bribery case before the High Court against several police officers attached to the Negombo Police Station. On June 23, 2008, four men threatened to kill his family unless Fernando withdrew the case pending in the Supreme Court, the Hong Kong based human rights watchdog said.

According to detailed information received, Fernando was driving his van with his 11-year-old son when two persons on a motorbike came from behind and shot him at Dalupotha junction, Negombo. A witness said that one assassin fell from the motorbike but managed to remount and they fled towards Chilaw. Fernando was taken to the Negombo hospital where he was pronounced dead. Fortunately his son was unharmed, AHRC said.

After the death of Fernando, his widow stated that they have no other suspects except the police officers against whom her husband was pursuing two cases of bribery and a fundamental rights case regarding torture. The government has not taken any steps to remove from the area those police officers named as accused and respondents in the two cases, the statement claimed.

The AHRC is of the opinion that a competent, independent authority should be set up to investigate the death of Fernando since several police officers attached to the Negombo Police Station are allegedly involved in the torture case.

Judging from previous experience, the AHRC has reason to believe that there will be an attempt to cover up this case and to create the impression that inquires are taking place while, in fact, perpetrators directly or indirectly are given impunity.

AHRC said a proper mechanism to protect witnesses or victims in cases where the police are perpetrators of crimes does not exist in Sri Lanka. A bill called ‘Assistance and Protection of Victims of Crime and Witnesses’ was introduced into the Parliament on June 18, 2008 and is under consideration. However, concerns remain about the bill due to the lack of protection for the victims of crimes committed by law enforcement agencies and/or people hired by them.

It said the killing of Fernando is just a mirror of what is happening today in Sri Lanka. It began with the soliciting of a bribe, to the torture of a whole family, to the making of death threats. "The lives of ordinary people are constantly disturbed by these types of threats.  Complaints made to state agencies produce little if any change in the situation".