A Bitter Mockery Of Theoretical Guarantees

By Kishali Pinto-Jayawardena - 

Kishali Pinto-Jayawardena

On June 26th, the International Day in Support of Victims of Torture, a colleague asked me as to why so much criticism was being made of the Sri Lankan Government’s lack of commitment towards eradicating practices of torture in the country.

After all, I was asked, is there not an Action Plan in place which focuses on the same objective specifically, are not constitutional and statutory provisions in place that prohibit torture, do not Sri Lankan courts entertain applications from torture victims and is there not a national Human Rights Commission monitoring state resort to such inhumane treatment?

A simplistic argument

The answers to these questions were quite simple. All the laws and actions plans in theory count for as naught if the Sri Lankan government, as a matter of state practice, encourages and facilitates torture in detention. The fact that such a state practice if not a state policy does actually currently exist has been documented through endless stories of victims whose complaints have not been disproved as false.

This is a practice that is evidenced against individuals of all ethnicities and stems from state policy that does not focus on a well functioning criminal justice system but instead uses terror and intimidation as a deliberate tactic of keeping dissent in check. It is this state policy that renders any defence of state actions by pointing to the theoretical guarantees in place as utterly simplistic, wrong and frankly, quite ludicrous.

Indeed, there are several levels at which legal impunity is afforded to perpetrators. Even when Sri Lanka’s Supreme Court was at its heyday in exercising its constitutional duty to protect rights, the very constitutional structure precluded vigorous interventions similar to the Indian Supreme Court. The manner in which even whatever judgments that it delivered were ignored by the political establishment is a separate question meanwhile.

Recommendation of LLRC still hanging in the air         Read More

Traffic accidents kill 6-7 people daily

By Mirudhula Thambiah  Sunday, July 01, 2012
In spite of enforcing the law, reckless and negligent driving leading causes, say police 
Health officials say prevention should not be the responsibility of one authority alone 

Reckless driving snatched the lives of five people in a road accident in Pothuhera, Kurunegala last Sunday adding to the increasing number of traffic accident victims islandwide. According to police, the passengers–three males and two females were travelling in a three-wheeler after attending a wedding in Ranjanagama. The driver of the three-wheeler had attempted to overtake another vehicle when he lost control and collided with a private bus.

A bottle of alcohol was found in the three-wheeler and a post-mortem confirmed that the three-wheeler driver had been under the influence of liquor at the time of the accident, police said.

All that remained of the three wheeler that was involved in the Pothuhera accident that killed five

The driver of the three-wheeler was a retired soldier,� Sumith Chandraratne(52) and the others were identified as Vijayamuni Arachchige Sarachchandra (54), Thusitha Nalaka Ranasinghe (30) , W.A. Vijayalatha (52) and Mahika Yasodara Dharmaratne (21).

Police said the private bus driver who was remanded was given bail and ordered to report to the Kurunegala Magistrates court on July 22.Police Traffic Administration and Road Safety Director SSP� K.Arasaratnam, said both the bus driver and three wheeler driver were at fault.� “It was an unfortunate situation because the three-wheeler driver had lost control since he was under the influence of� alcohol and the bus driver had been speeding,” he said.

Read More

Z-scores and no-go polls in the north  Who was the politician who said there are known unknowns and then, there are unknown unknowns? Well, there are known blunders, and then there are the patently unforgivable ones too. The Z-score was one such, and students have had to pay dearly on account of it. It was an unfortunate one, and it is difficult to comprehend how politicians should not take part of the blame, because political decisions were made to release the GCE Advanced Level results despite the fact that there was no resolution on the confusing Z-score issue. It is definitely a blunder of the magnitude that calls for a mea culpa - a mea maxima culpa, as they say. It should also be a starting point for the government to resolve that there shall be no more blunders of these proportions on any matter — be it education, governance, environment or any other. But of course, such an admonition would be in the manner of the one made by a judge when the first motor accident was recorded more than a century back in the USA. Said the erudite man delivering his verdict, “This was a horrendous blunder, and it should never happen again.” Well, happen it did! If there is a blunderbuss tendency however among at least a section of the potentates in power, that trend is something that can be put right with due diligence. It is not really the blunders that have been committed such as the vegetable crate fiasco or the Z-score fiasco that should be the real red flags that ought to be heeded. What begs to be addressed on the other hand, are other pitfalls that are so visible that they should normally be avoidable. The Northern Provincial Council election is one of them. A section of the joint opposition last week got together to demand Northern Provincial Council polls before elections are held for any of the other provincial councils that have been dissolved. Media minister Keheliya Rambukwella has meanwhile said that the government cannot have polls for the Northern PC because the province has not been ‘readied’ yet. The problem is that, there are legal considerations and considerations of political prudence that get in the way of this argument. As S.L. Gunasekera, who by no means can be called a Tiger appeaser, has said, if it is in the Constitution, then it needs to be implemented. This is the unalloyed truth, as S.L. is given to describe situations such as this colourfully. Austin Fernando, a former defence secretary, has written that the only reason polls are not being held for the Northern PC is that the government is bound to lose. If the Northern Province is not ready for the polls, it has to be readied, and that’s self evident, stark reality. But one does suspect that all this has to do with the oft repeated presidential statement that he is “not going to give by other means, what the Prabhakaran wanted by means of war.” Perhaps, a person who is noticeably vexed by this whole conundrum i.e.: that of justice and constitutionality posing a problem that might precipitate just that — a crisis of justice and constitutionality - is our Ambassador to France Dayan Jayatilleke. Recently, he wrote to the newspapers to argue for an interim arrangement for the Northern Province, by which it can be taken to mean that he is not in favour of holding elections for that province perhaps on the same logic that has been spelled out by the president. Any such arrangement to indefinitely put off these polls   should be constitutionally legalized in parliament by a vote, or should if deemed necessary, be ratified by a referendum. However, that would be better than the limbo that now prevails, allegedly because the polls cannot be held as the north has not been ‘readied,’ according to the spokesman for government. But any arrangement that makes the Northern Province separate from the rest of the country in terms of legal standing is bound to be problematic to say the least. There would also be the inevitable questions based on the morality of having a separate arrangement for the north when the rest of the country has functioning provincial council administrations. So, what needs to be done then is to revisit the premise that the ‘North cannot be handed over to people who want Eelam by other means.’ If as Austin Fernando says, the government cannot win a poll in the north — and that’s possible going by the Local Government results — is losing an election  tantamount to handing over the north to those who want Eelam by other means? Surely, there is reason to believe that a thousand separate flanks would open up to realize the Eelam project with the Northern Provincial Council as a springboard. Well, then again, it may not be so — an elected Northern Provincial Council may put the brakes on the Eelam project, as it was intended to happen, because theoretically at least devolution of power would give the people of the north a measure of self rule that would curb the secessionist impulse. But if the government believes that the 13th Amendment cannot be implemented for the north, then, there cannot be much of an excuse for not acting on that impulse and legalizing that position. The government has the majority in parliament to legalize any arrangement, be it interim or otherwise that would prevent an election in the north. Irrespective of whether the government has made a pledge to India on implementing the 13th Amendment and holding elections in the north, a legalized arrangement for the Northern Provincial Council would have to be a better alternative than not having elections in that province for no reason. As S.L. Gunasekera says, if it is in the Constitution it has to be implemented — and there aren’t many ways to get around that sublime, impregnable reality.

Police communiqué is as obscure as the police is inefficient

Police communiqué is as obscure as the police is inefficient
(Lanka-e-News-30.June.2012, 11.30PM) The police has issued a special communiqué in regard to its raid and search operation conducted yesterday (29) , where it has stated that it is now confirmed that the office where the Sri Lanka mirror website was run , has been publishing and conveying news to Lanka e news website. However it did not state this yesterday. The communiqué is as follows :

The CID conducted a search on 12-06-29 based on a court order on the office where the Sri Lanka mirror and the Lanka x news websites were carried on , as well as the residence of the person who was running them.

When the place was searched , it was found that via the above websites false news were being released to the internet . Besides , it had been confirmed that at the office where the SL mirror website was run publishing false news , these news were also being conveyed to the Lanka e news, another website that published false news .

In the circumstances , the office was sealed , the computers used to convey false news ,six individuals and two ladies were taken into custody . They were taken in for questioning by the CID. Upon interrogation of the suspects , the above information were revealed.

Editor’s note :
————————-
It is significant to note that this communiqué was sent to us by the Police headquarters media division. If conveying news to the Lanka e news is an offence , how come the police forwarded the communiqué. Isn’t sending the communiqué too a punishable offence ?

Embassy Concern over Media Harassment

June 30, 2012

The United States Embassy is closely following the case of the Sri Lanka Mirror and Lankaxnews, including the arrest of nine individuals associated with those websites.

We have raised on several occasions our deep concern over efforts to suppress independent news media, including the blocking of news websites, intimidation, and disappearances of journalists.

The United States believes that an uncensored and independent media available to all citizens is an indispensable part of any vibrant democracy and we call for an end to the harassment of these and all other journalists.

US asks Sri Lanka to stop ‘harassing’ media

YAHOO! NEWSBy Amal Jayasinghe

• 
  A protests in Colombo last month against the detention of journalist Shantha Wijesooriya. …

The United States Saturday joined rights groups in demanding that Sri Lanka stop “harassing” media organisations, a day after police shut down opposition news websites and arrested nine employees.

The US embassy in Colombo said it was closely following Colombo’s shutting down of the websites and the arrest of employees, including several journalists who had been highly critical of Sri Lanka’s government.

“We call for an end to the harassment of these and all other journalists,” the embassy said in a statement.

“We have raised on several occasions our deep concern over efforts to suppress independent news media, including the blocking of news websites, intimidation, and disappearances of journalists.”

The New York-based Committee to Protect Journalists (CPJ) said Friday’s crackdown signaled that Colombo did not tolerate dissent.

“Friday’s raid shows that President Mahinda Rajapakse’s government remains determined to silence opposition voices,” said Bob Dietz, CPJ’s Asia programme coordinator.

“Authorities should heed the many public appeals urging them to reverse this years-long policy of quashing media criticism of the government and military. The CPJ calls on Sri Lanka to immediately stop harassing news outlets.”

An opposition spokesman said nine employees of websites were detained by police overnight and told they were being held on suspicion of a “conspiracy against the government”.

They were released on bail on Saturday, a court official said.

Seven local media groups, including the Sri Lanka Working Journalists’ Association, also condemned the closure ofwww.srilankamirror.com and www.srilankaxnews.com.

The two websites have been highly critical of Rajapakse’s government, which is already facing international censure over its human rights record amid a string of unsolved murders of journalists and attacks on independent media.

“The criminal investigations department sealed the offices of two websites carrying false and vulgar reports,” the government said on Friday.

“People responsible for feeding information to the Internet through this office are being investigated,” it added, without offering details.

Rights groups and employees said srilankaxnews.com was the official news organ of the opposition United National Party (UNP), while the other website was closely linked to the UNP. They both shared the same office in Colombo.

The latest police crackdown comes three months after the defence ministry ordered all mobile phone operators to clear any security-related news reports before issuing them as SMS alerts.

Sri Lanka lifted a state of emergency last year, but media rights groups have said journalists have been forced to self-censor their work amid fear of physical attacks.

Some 17 journalists and media employees have been killed in Sri Lanka in the past decade, pro-opposition websites have been blocked and media organisations opposing government views have been attacked, according to rights groups.

Posted by Thavam

Judge reprimands CID : cannot punish on an imagined offence- journalists released -Pass the information to LeN is the offence

(Lanka-e-News-30.June.2012, 11.30PM) The journalists of the website who were arrested by the CID yesterday (29) were produced before the acting Magistrate Kosala Senadheera, Colombo court no 8 today. The main charge against those arrested was , the office that was running the websites , Sri Lanka mirror and Lanka x news were transmitting news to the Lanka e news website, and those news could create room to defame the President and incite the people. These charges were filed under section , 115, 118 and 120. When the Magistrate inquired from the CID whether such wrongs have been committed , the CID said , there was room to commit such offences.

The Magistrate had pointed out , actually committing and may commit are two different things , and punishment cannot be committed for a wrong that may be committed. He had also reprimanded the CID , and ordered the police to release the journalists arrested on suitable police bail .

The police was also ordered to produce the computers taken into custody at the next court date on 6th July.

Attorneys at law including Saliya Peiris, Upul and Manjula Pathiraja appeared for the journalists, while Mangala Samaraweera M P and Daya Gamage, media organization leaders were also present in court.

Lanka e news revealed that the journalists were in the ready yesterday to explain to the CID in court , that it is the constitution and not the penal code which is fundamental.

Meanwhile Lanka e news is in receipt of information that the CID has manipulated this operation to trap Ruwan Ferdinands .This was confirmed , when the CID chief had remarked after the arrested journalists were brought to the CID , ‘it is useless bringing the fowls without the fox’.

The main question that was posed to the arrested journalists by the CID was, whether they are conveying information to Lanka e news.

Sri Lanka: A Game Plan is Emerging 

Guest Column: Dr Kumar David

The Lankan government quite suddenly and quite unnecessarily dissolved three provincial councils a few days ago. Were you to search for a logical explanation you would find none, but seek for crafty motives and a game plan surfaces. The political climate is hotting up and the regime needs to distract the populace; what better than the drama of the hustings? But this is not explanation enough. The Rajapakse government is panning out, probing options, searching for a survival strategy. You can’t say the Rajapakses don’t plan ahead with assiduous care, but they have to. By all accounts, and now it seems in their own estimation as well, things are getting tougher by the day, so move before it gets too bad!

 And there is a more lethal concern; this government cannot relinquish power and quit office because it will be the jailhouse for some, the hangman’s noose for others and investigation by the corruption watchdog for all. This is precarious for society, the government of the day is like a cornered wild animal, it cannot countenance downfall for that will be curtains, kaput literally. But a dictatorial grab for power is the royal road to uprising, carnage and revolution. As in Egypt and Syria there is no way out. In both it is not that the dictators do not wish to renounce power. They cannot! A vast empire of privilege, wealth and positions in the hands of the military are at stake in Egypt, and that’s not counting the necks of the mighty, vide Mubarak. If ever Syria’s Assad and his murderous henchmen fall into the hands of the mobs, it will be a lynching. Remember Mussolini, they hanged him from a lamppost. Notwithstanding its bungling and bumbling, Indians should be thankful that the rudiments of democratic muddling-through are secure in their country.

 The game plan      Full Story

Indian top official arrived in SL to give final notice to MaRa regime – he leaves immediately 

(Lanka-e-News-30.June.2012, 7.00PM) A most powerful diplomat of the Indian Govt. who arrived in SL yesterday , left for India immediately thereafter. Sivashankar Menon , the Indian security advisor is a powerful Govt. official too. He arrived in SL this early morning . After a brief meeting with the President at the Temple Trees , he had immediately left for India in the afternoon in the same special plane he arrived. Prior to his departure , he had met Basil Rajapakse and Gotabaya Rajapakse.

Indian High Commissioner in SL , Ashok K Kanth had participated in the discussions.

This is the shortest stay in SL by a touring Indian top official in the recent past. During his brief stay here , Menon had however met TNA senior M. P. - R Sambandan.

Indian political analysts say , this visit of Menon , the top Indian security advisor was to give a final notice to the Rajapakse Govt., and that this top Indian officer came to SL to intimate to the SL Govt. that the deadline of the SL Govt. to fulfill the undertakings given by it to India in regard to the political solution and the restoration of civil administration in the north and east among others , is over .

The notification issued by the Indian High Commission here after the departure of Menon , comprises 8 points , and in it is stated that Menon was here most certainly pertaining to advisory matters. 

The full text of the Indian notification is given hereunder :PRESS RELEASERemarks by National Security Adviser Mr. Shivshankar Menon at a Media Interaction in Colombo

(29 June 2012)

· My visit to Sri Lanka today has been in the context of regular consultations and exchange of views between the Government of India and the Government of Sri Lanka.
· I called on H.E. President Mahinda Rajapaksa this morning. Foreign Minister G.L. Peiris was also present at the meeting. Thereafter, I met Mr. Basil Rajapaksa, Minister of Economic Development and Mr. Gotabaya Rajapaksa, Defence Secretary. I also met the TNA leader Mr. Sampanthan.
· I discussed recent developments, bilateral relations and areas of common concern. I was also briefed about steps being taken by the Government of Sri Lanka on political reconciliation and settlement. While this is a Sri Lankan issue and something that Sri Lanka has to do, we will continue to remain engaged with all concerned and offer any support required in this regard. 
· India has always stood for a united Sri Lanka within which all citizens can live in equality, justice, dignity and self-respect. We have worked closely with the Government of Sri Lanka on relief, rehabilitation and resettlement of IDPs. India’s assistance was appreciated by the Sri Lankan leadership in all my meetings. We remain committed to continue our cooperation. 
· We also discussed the fishermen’s issue. It was noted that the practical arrangements of October 2008 should be adhered to until an alternative mechanism was agreed upon. We agreed that fishermen’s associations on both sides, which had met in the past and reached some understandings, needed to meet again to work on developing this further. This could then serve as the basis for finding a solution to this humanitarian issue. 
· On the bilateral front, we noted that most of the Indian-assisted projects were proceeding well and several projects, particularly those relating to the development of railway infrastructure in the Northern and Southern Provinces, were being implemented well ahead of schedule. In the past two years, India has committed US$ 750 million under lines of credit and another US$ 350 million under grants-in-aid. There are a number of other new projects under consideration. 
· We also discussed maritime cooperation and other security related issues. It was agreed that we could take this further. 
· Sri Lanka is our close neighbour, with whom we enjoy a multifaceted and dynamic relationship. We look forward to strengthening and further developing this engagement.

20% of Mannaar faces genocidal land grab, TNA activists to protest on 07 July

[TamilNet, Saturday, 30 June 2012, 22:40 GMT] 
The Secretary of Youth Affairs of Ilangkai Thamizh Arasuk Kadchi and a TNA political activist in Mannaar, VS Sivakaran, told media in the island Saturday that Colombo has appropriated at least one fifth of the lands in Mannaar district for military purposes and a long-term Sinhalicisation and colonisation of the district. “The land grab in Mannaar should be seen in the light of planned Sinhala settlements, demographic changes and construction of Buddhist stupas throughout the North-East,” he said, providing a comprehensive list of focal points of the land grab in Mannaar district. Calling for a democratic civil protest on July 07 in Mannaar city, Mr Sivakaran, on behalf of the grassroot of the TNA in Mannaar has urged all Tamil, Muslim and Sinhala forces that promote justice, to take part in the civil protest on coming Saturday. 

Following are the areas and types of land grab in the district as listed by the grassroot activists of the TNA in Mannaar district:

SV Sivakaran

• The Sri Lanka Navy, which has occupied the sea ports of the Mannaar island as well as the mainland, has lately sought to legally appropriate these ports, causing enormous difficulties to the resettlement process of the civilians and to the future of civilian fishing industry that depends upon access to the sea.
• 500 acres of lands have been appropriated along the southern seaside of Mannaar island facing Gulf of Mannaar, through a Gazette notification saying that an energy-farm would be set up there. 300 acres of these lands belong to the civilians in the villages of Oalaith-thoduvaay, Naduk-kudaa, Viyaayadip-pa’n’nai, Kaddukkaaran-kudiyiruppu and Kee’liyan-kudiyiruppu.
• The Sri Lankan military has appropriated lands belonging to civilians in Mu’l’likku’lam in Musali division. The people, most of them stricken by poverty, are blocked from resettling there.
• The SL military has occupied several lands and houses belonging to civilians and public buildings in Mannaar [town]. The owners of the houses are forced to live with their relatives or in exile, especially in India.
• Recently, the civilians who went back to resettle in 50-houses-scheme of the Church of Our Lady of Victory at Kurusup-paadu were chased out from their houses.
• While the resettling people face so much hurdles in getting back their lands in Channaar in Maanthai West, 3500 acres of fertile lands have been appropriated for the establishment of a training base. These lands were surveyed and handed over to the military by the Sri Lankan Survey Department.
• The SL Department of Wildlife Conservation has extended a large fertile land, from Naakathaazhvu through Vangkaalai and towards the entrance of Mannaar town, ostensibly for the purpose of the bird sanctuary, but blocking resettlement of people in a large area.
• At Vangkaalai, a large area of private lands that belong to exiled persons who reside in Tamil Nadu in India, remains appropriated together with public lands for the naval base of the Sri Lanka Navy.
• At Narik-kaadu, the lands that belonged to Cement Cooperation have been provided to Sinhala settlers.
• In Naanaaddaan division, the Sri Lankan military is hurriedly setting up camps in appropriated lands near Murungkan town and at Murungkanpiddi, disturbing the civilian life.
• Apart from the above mentioned appropriations, several isolated incidents of land grab by the military has been reported in Thalai-Mannaar, Peasaalai, Chelvapuram, Sunny Village, Chilaavaththu’rai, Arippu, Kokkuppudaiyaan, Na’ruvilik-ku’lam, Jeeva-nakar, Pa’ndaara-ve’li, Uyilang-ku’lam, Parappuk-kadanthaan, Ka’l’liyadi, Naayaattu-ve’li, Kooraay, Iluppaik-kadavai, Ve’l’laangku’lam, Paalampiddi, Ira’nai-iluppaik-ku’lam, Chengkal-paddu, Ma’nki’ndi and other places. It is learnt that some of these lands, already occupied by the military, have been recently subjected to legal transfer from the owners to the SL military.