ශ්‍රී ලංකාව පීසීආර් 150,000 කළේ කාට ද? - July 28, 2020 By: praja.lk

PCR tests July 27, 2020 admin Health ශ්‍රී ලංකාවේ කොවිඩ්-19 නිවාරණ ජාතික මධ්‍යස්ථානය පීසීආර් පරීක්ෂණ 150,000ක් පැවැත්වීම පිළිබඳ අද හෙවත් ජුලි මස 27 දින ඇනුවේ ය. Translations by Creative Content Consultants මහජනතාව ලෙස අපට ප්‍රශ්න කීපයක් ඇසීමට තිබේ. මෙසේ පීසීආර් පරීක්ෂණ කරන ලද පිරිස අතර දේශපාලන හා නිලධාරි ප්‍රභූන්ගේ කාර්ය මණ්ඩල සාමාජිකයන් කීදෙනෙකු සිටිනවා ද? ඔවුන් දින කීයකට වරක් පීසීආර් පරීක්ෂණවලට ලක්කරනවා ද? මේ අන්දමින් කාර්ය මණ්ඩලය පීසීආර් පරීක්ෂණවලට ලක්කිරීමේ වරප්‍රසාදය හිමි දේශපාලන හා නිලධාරි ප්‍රභූන් කවුරු ද? එම නිලධාරීන්, විදේශ රටවල සිට පැමිණෙන පුද්ගලයන්, නිරෝධායනයට ලක් කර සිටින පුද්ගලයන් හා කොවිඩ්-19 රෝගීන් හැර සමාජයේ පුද්ගලයන් කීදෙනෙකුට පීසීආර් පරීක්ෂණ සිදු කර තිබේ ද? මේ වන විට ශ්‍රී ලංකාවේ සමාජයේ කොවිඩ්-19 පැතිර තිබෙන්නට පුළුවන. කන්දකාඩු කොවිඩ්-19 පොකුරට රෝගය පැමිණියේ කෙසේ ද යන්න තවමත් හෙළිදරව් නොකරන ලද අභිරහසකි. අන්තිමට අයිඩීඑච් රෝහලෙන් පළා ගිය කොවිඩ්-19 රෝගියාගේ කතාව ද සර්ව සම්පූර්ණ නැත. මෙම තත්වය තුළ, කොවිඩ්-19 අවදානමෙන් අප රට තවමත් බේරී තිබෙන්නට හේතු දෙකක් අනුමාන කළ හැකි ය. එකක් වාසනාව ය. අනෙක සමාජයේ පීසීආර් පරීක්ෂණ සිදු කරන්නේ අවම වශයෙන් නිසා වීමයි. මහජනතාව වන අපට කොවිඩ්-19 සම්බන්ධයෙන් සැකයක් තිබේ නම්, අසාධාරණයට, හිංසනයට, පීඩාවට හා මාධ්‍ය මගින් කරනු ලබන අපහරණයන්ට ද, පවුල් සාමාජිකයන්ට පවා සමාජයෙන් සිදු වන වෙනස්කම්වලට මුහුණ නොදී පීසීආර් පරීක්ෂණයක් කරගැනීමට පහසුකම් සැලසෙන්නට තව කොපමණ කලක් යයි ද?

මානව අභිමානය හදුන්වාදීම Sri Lankan Online workshop day 01

The Selective Reading of History and Kurunegala Royal Court-Focus on Rights by Kishali Pinto Jayawardena.

https://pressreader.com/article/282037624486784

New Birth Certificate Issue- Much ADO about Nothing.

https://pressreader.com/article/281573768018816

MPCS Bond SCAM- Relief for depositres.

https://pressreader.com/article/281513638476672

Online course on Practical Implementation of Human Rights organized by Asian Human Rights Commission.

පාඨමාලාව විද්‍යුත් මාධ්‍යයෙන් යෙයෙන යමම පුහුණු වීයේ වැඩසටහයන්දී පහත සද්‍යහන් ෙරුණු සාෙච්ඡා කිරීමට බලායපායොත්ු යේ. යමෙ සාමානයයෙන් යෙයෙන වර්ගයේ මානව හිමිෙේ පුහුණුවක් යනායේ. යමම පුහුණුයේ අෙමුණ වන්යන් මානව හිමිෙේ වලට පද්‍යනේ වන මූලිෙ සංෙල්ප යොමපන ප්‍රමාණෙක් ලාංකිෙ සමාජෙ ුල යොතෙේ දුෙට සමාජගත වී ඇත්ද්‍ය නැත්ද්‍ය ෙන්න සලො බැලීමත් ඊට අද්‍යාල වන ඉතිහාසෙ සලො බැලීමත්ෙ. එහි අෙමුණ නේ ලංොයේ මහජනතාවයේ ආෙක්ෂාව සේබන්ද්‍යයෙන් පැන නැගී ඇති ගැටලු හා ඒවායේ මූලෙන් හදුනා ගැනීමත් ඒ මගින් අනාගතෙ හැඩගස්වා ගැනීම සද්‍යහා ෙල්පනාධ්‍ාොවක් නිර්මාණෙ කිරීමත්ෙ. විෂෙන් 01. පළමු වන දින සාෙච්ඡායේදී ලංොයේ පූර්ව එඑතිහාසිෙ යුගෙ පිළිබද්‍යවත් ඒ ොලෙ ුල එකියනොයේ ආෙක්ෂාව පිළිබද්‍යව පළවන මූලිෙ අද්‍යහස් කුමන ආොෙයෙන් පැවුයන්ද්‍ය ෙන්න සාෙච්ඡා කිරීමත්ෙ. යමම ෙරුණ සද්‍යහා ලංො ඉතිහාසයේ විවිධ්‍ එඑතිහාසිෙ අවස්ථාවල් සාෙච්ඡා යෙයර්. එක් අයතකින් සාධ්‍නීෙ අද්‍යහස් වර්ධ්‍නෙ වූ ආොෙෙත් අයනක් අතින් ෙේ සාධ්‍නීෙ අද්‍යහස් ෙටපත් වූ හා නීයෂ්ධ්‍ණීෙ වූ ආොෙෙත් සාෙච්ඡා යේ. 02. යද්‍යවනි සාෙච්ඡායේ විෂෙ වන්යන් නීතිෙ මත පාලනෙ පිළිබද්‍යව අද්‍යහස්ෙ. මුල් සමාජෙන් ුල නීතිෙ පිළිබද්‍යව පැවුන අද්‍යහස් යමානවාද්‍ය, නීතිෙමත පාලනෙ ෙන්න ෙන අද්‍යහස ලංොවට පැමිණියේ යෙයස්ද්‍ය, එම අද්‍යහයස් මූලිොංගෙන් යමානවාද්‍ය?. යමහිදී අද්‍යහස් හා මූලිෙ සංස්ථාවන් අතෙ ඇති සේබන්ද්‍යෙ කුමක්ද්‍ය, උද්‍යාහෙණෙක් වශයෙන් යුක්තිෙ පසද්‍යලීයේ සංස්ථාවල් වල යපාලිස් පරීක්ෂණ, නීතිපතිවෙො විසින් ෙෙන නඩු පැවරීේ හා අධිෙෙණෙ විසින් ෙෙන නඩු පැවරීේ හා අධිෙෙණයේ ක්‍රිොධ්‍ාමෙ අතෙ ඇති සේබන්ද්‍යෙ කුමක්ද්‍ය? 03. තව දුෙටත් ලංොයේ ොජය සංවිධ්‍ාන ඇතිවීම හා වර්ධ්‍නෙ වීම සාෙච්ඡා යේ. යේ වටා සිවිල් සමාජෙ ුල එනේ ෙට වැසිො ුල යමම අද්‍යහස් පිළිබද්‍යව යොපමණ දුෙෙ අවයබෝධ්‍ෙක් පවතීද්‍ය. යමම අද්‍යහස් පිළිබද්‍යව සාධ්‍නීෙ මත පවතින්නයන්ද්‍ය නැත්ද්‍ය, එම මතවලට පද්‍යනේ වන පසුබිම කුමක්ද්‍ය? fේ අනුව අනාගතෙ සද්‍යහා ෙේ ඉදිරි ද්‍යර්ශණ යගාඩනගන්නයන් යෙයස්ද්‍ය. යෙෝජිත කිෙවීේ හා යූටියුබ් පට. 01. ලංොයේ පූර්ව ඉතිහාසෙ පිළිබද්‍යව දියුණු සාෙච්ඡාවක් ද්‍යැන් යූටියුබ් මාර්ගයෙන් පවත්වායගන ෙයි. Hermeneutics ෙන යත්මාව ෙටයත් විවිධ්‍ යූටියුබ් පට ප්‍රද්‍යර්ශණෙ වී ඇත. යේවා බලා ගැනීම යමම පාඨමාලාව නිසියලස අවයබෝධ්‍ ෙෙ ගැනීමට යබායහෝ යස් ආධ්‍ාෙ වනු ඇත. 02. නීතිෙ මත පාලනෙ ෙනුයවන් බ්‍රිතානයයේ ප්‍රධ්‍ාන යපයල් නීති විශාෙද්‍යෙකු විසින් පිළිගන්වන ලද්‍ය යපාතක් ද්‍යැන් සිංහලට පරිවර්නෙ වී ඇත. එෙ අන්තර්ජාලෙ මගින් බලාගත හැකිෙ. ඒ යපාතද්‍ය යමම සාෙච්ඡාව සද්‍යහා අද්‍යාලෙ. 03. වයවස්ථාවක් කුමටද්‍ය ෙනුයවන් කුඩා යපාතක් සිංහයලන් පල වී ඇත. එම යපාතද්‍ය අන්තර්ජාලෙ මගින් බලාගත හැකිෙ. එෙද්‍ය යමම සාෙච්ඡාව සද්‍යහා අද්‍යාල යල්ඛණෙකි. යේ හැෙ අද්‍යාළ යවනත් යල්ඛණ පාඨමාලාfේදී සද්‍යහන් වනු ඇත.

HISTORY & ACHIEVEMENTS-AHRC publication.

HISTORY & ACHIEVEMENTS Link: http://intersmart.co.in/ahrc/resources/books/history-achievements/

Undermining of the Legal and Political Systems- By; BASIL FERNANDO.

Undermining of the Legal and Political Systems Latest AHRC publication “Undermining of the Legal and Political Systems” by Basil Fernando explores in detail the all-pervading societal crisis that has been created by the undermining of both the political and the criminal justice administration systems in the country and work towards greater democratisation of the political system and the return to the rule of law. link: http://intersmart.co.in/ahrc/resources/books/undermining-of-the-legal-and-political-systems/

A SOCIOLOGICAL EXPLORATION OF DISAPPEARANCES IN SRI LANKA-Jane Thomson Senanayake-AHRC publication.

Get Print version (include standard airmail service): Hong Kong: HK$ -- 80.00 Paypal: US$ -- 25.00 Cheque payment: US$ -- 32.00 Link: http://intersmart.co.in/ahrc/resources/books/a-sociological-exploration-of-disappearances-in-sri-lanka/

The Tragicomedy of Constitutional Autochthony :By Basil Fernando.

u2rTOhgfLqQ/XxmQqA6ujzI/AAAAAAAASGs/JVL5Jtgi0TMLQYaUAxGD3GkAcpRlxAffwCLcBGAsYHQ/s1600/The-Tragicomedy-of-Constitutional-Authochthony.png" imageanchor="1" > “Tragicomedy of Constitutional Autochthony”, by Basil Fernando, is a compendium of articles linked to a common theme which is the need for recognising that the legal system in Sri Lanka and in particular the justice system is facing a threat of being alienated from the people. The short essays is an attempt to direct the attention of all Sri Lankans to this crisis. Link: http://intersmart.co.in/ahrc/resources/books/the-tragicomedy-of-constitutional-autochthony/

Gyges’ Ring – The 1978 Constitution of Sri Lanka: By Basil Fernando.

Purchase this Publication Soft Cover Print (include standard airmail service): Hong Kong: HK$ 60.00 Paypal: US$ 15.00 Cheque payment: US$ 22.00 Link:http://intersmart.co.in/ahrc/resources/books/gyges-ring-the-1978-constitution-of-sri-lanka/

NARRATIVE OF JUSTICE IN SRI LANKA- EDITED BY: BASIL FERNANDO.

SRI LANKA/WORLD: E-Version of the Social Justice Magazine

SRI LANKA/WORLD: E-Version of the Social Justice Magazine Forwarded Publication |Sri Lanka | June 5, 2020 We are forwarding herewith the e-version of the social justice magazine published by the Centre for Society and Religion – Sri Lanka. Click here to read the full version of the magazine. Social justice magazine is a long-standing regular publication which has covered many issues relating to the improvement of the conditions of the people, particularly the conditions of the poor. The present issue is based on the theme of People Building. This issue is looked at from various angles by the number of writers. These articles will be of interest to anyone who is following the political, economic, social, and cultural situation of Sri Lanka from the point of view of understanding the problems faced by the people.

SRI LANKA: What Is The Value Of The Life Of Sunil Jayawardene?

SRI LANKA: What Is The Value Of The Life Of Sunil Jayawardene? Article | Sri Lanka | June 16, 2020 By Basil Fernando SINHALA VERSION Sunil Jayawardene was a representative for three-wheele drivers. He who went to make a representation to a finance company on behalf of one of the vehicle owners, who. link:SRI LANKA: What Is The Value Of The Life Of Sunil Jayawardene?

Urgent Appeal Case |Sri Lanka | July 23, 2020

SRI LANKA: Urging the Sri Lankan authorities to support the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture Urgent Appeal Case |Sri Lanka | July 23, 2020 ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC UAC-005-2020 23 July 2020 ———————————————————————————- SRI LANKA: Urging the Sri Lankan authorities to support the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture ISSUES: Torture, Illegal arrest and detention ———————————————————————————- Dear Friends, The Asian Human Rights Commission (AHRC) is bringing to your notice the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture. CASE NARRATIVE: In delivering the Judgement on a Fundamental Rights Violation case, under Article 126 of the Constitution, the Court found the respondent Police Officers had violated the rights of the petitioner, guaranteed under Article 11 (the right against torture). They also had violated his rights against illegal arrest and detention. In their Judgement, the three-bench Court issued this directive to the State of Sri Lanka. ‘The consistent pattern of police violence, custodial torture and death, as evidenced by the considerable number of Fundamental Rights petitions filed before this Court, indicates that the State should consider addressing and mitigating the problem’. Article 10 of the Constitution requires the State to ensure that education and information regarding the prohibition against torture are fully included in the training period of all staff members. This includes law-enforcement personnel, civil or military medical personnel, and public officials. It encompasses other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. It delivered a Judgment in the case of Kandawalage Don Samantha Perera Vs Officer-In-Charge, Police Station, Hettipola and two (2) Others (SC FR APPLICATION 296/2014). The Supreme Court of Sri Lanka, over many years, has given specific instructions to the Sri Lankan Authorities, including the Inspector General of the Police. They are to take adequate action to eliminate the use of torture by the Police. In a case, which has become very famous now, i.e. Gerald Perera’s case, the Supreme Court even instructed the Inspector General of Police. He was to set up facilities for monitoring Police stations to avoid the use of torture on detainees. However, in more than 100 cases, the Supreme Court found Police Officers violated the fundamental rights of the petitioners to be protected from torture. This right is guaranteed under Article 11 of the Sri Lankan Constitution. Despite the new directive, torture remains a major problem, particularly when the detainees are persons from the lower income groups. Numerous cases filed against prominent Politicians and other socially significant persons, clearly demonstrate, that no torture is used in the investigation of such persons for allegedly very serious crimes. Thus, while torture remains widespread, it is used mostly on persons from poorer backgrounds and often on the youth. There are some United Nations Agencies dealing with prevention of torture. To mention a few: the Committee against Torture (CAT), the UN Rapporteur against Torture and Ill-treatment, and the UN Human Rights Council have regularly made recommendations on the prevention and use of torture. The UN Human Rights Committee, in several cases, has expressed their views in favor of those Sri Lankan citizens who had petitioned the Committee after being tortured and ill-treated themselves. The problem is: there is no Authority that is willing to decisively enforce the Law against torture. This, in spite of the fact that under Act 22 of the 1994 Constitution, torture has been recognized as a crime, punishable with a mandatory sentence of 7 years in prison or fine of RS. 10,000. Under these circumstances, the Supreme Court has suggested that the government should educate the Police, the Military and Others on the Law relating to torture in Sri Lanka. International Law is included in the above. Practically, this would mean, introducing a COMPREHENSIVE HANDBOOK, with relevant material, to be included in all Police and Military training exercises and educational courses. Such a handbook could be produced within a short period of time, as all the material needed is freely available. The National Human Rights Commission is one of the institutions that can play an active role in developing such a handbook. However, it is public knowledge that there is a privately held view among Police Authorities on one fact: TORTURE is an indispensable tool in dealing with the poor! It is highly unlikely that the Supreme Court’s directive will be honored, unless there is considerable and consistent pressure exerted to get this done. We, therefore, urge Sri Lankan civil society organizations, academics, intellectuals, media and all opinion-makers to utilize their capacities for the good of all. This will contribute in good measure to positive publicity, in the largest extent possible for this Supreme Court’s directive. In addition, it can provide the Sri Lanka Authorities with whatever assistance is needed to ensure that this is urgently put into action. We urge the readers to send the following letter to the authorities mentioned below. To support this case, please click here: SEND APPEAL LETTER SAMPLE LETTER SRI LANKA: Urging the Sri Lankan authorities to support the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture I draw your attention to the following directive made by the Supreme Court of Sri Lanka on 16 June 2020. It delivered a Judgment in the case of Kandawalage Don Samantha Perera Vs Officer-In-Charge, Police Station, Hettipola and two (2) Others (SC FR APPLICATION 296/2014). “The consistent pattern of Police violence, custodial torture and death, as evidenced by the considerable number of Fundamental Rights petitions filed before this Court, indicates that the State should consider addressing and mitigating the problem”. Article 10 of the Constitution requires the State to ensure that certain changes take place in the education and information sphere. Prohibition against torture be fully included in the training of staff members. They can be law-enforcement personnel, civil or military medical personnel, public officials or other persons. They may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. The use of torture is IN-HUMANE and CRUEL. It violates the Sri Lankan Constitution and the Law, including International Law. If the Law-Enforcement Officers of Sri Lanka are unaware of this Law, they can hardly perform the functions of law-enforcement officers. We, therefore, recognize that Supreme Court intervention in this matter as timely and necessary. We urge you to take all the actions that lie within your power, ensure that such a change is brought about in both the Police and the Military Education Systems as suggested by the Supreme Court as early as possible by educate them on the Sri Lankan Law against Torture and ill-treatment. I look forward to your prompt action in this matter. Yours Sincerely, ……………….

Urgent Appeal Case |Sri Lanka | July 20, 2020

SRI LANKA: Illegal arrest, detention and torture of an autistic child allegedly by some police officers acting under the direction of the OIC of Aluthgama Police Station Urgent Appeal Case |Sri Lanka | July 20, 2020 ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME Urgent Appeal Case: UAC-UAC-003-2020 ISSUES: Administration of justice, Arbitrary arrest & detention, Judicial system, Police violence, Right to health, Right to life, Rule of law, Torture, ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC UAC-003-2020 20 July 2020 link:http://www.humanrights.asia/news/urgent-appeals/UAC-UAC-003-2020/

Sri Lanka : A Period Without The State | Hermeneutics

Democracy or a Police State? Bathiudeen and Karunanayake Harassed

Democracy or a Police State? Bathiudeen and Karunanayake Harassed: We have the police to uphold law and order, and to support democratic institutions. Unfortunately, there are dangerous signs that they, the police ..

Presidential pardons in Sri Lanka: An unchecked executive power?

Presidential pardons in Sri Lanka: An unchecked executive power?: By Ahlaya Lelwala. On March 26, 2020, President Gotabaya Rajapaksa granted a presidential pardon to former Lance Corporal Sunil Rathnayake, a prisoner on death row for the murder of eight persons in Mirusuvil in 2000. .. Rathnayake was sentenced to death by a Trial-at-Bar bench of the Colombo High Court in June 2015. In the case of Rathnayake Mudiyanselage Sunil Ratnayake Vs Attorney General, SC TAB 01/2016, decided in April 2019, a five-judge bench of the Supreme Court affirmed this sentence. Black’s Law Dictionary defines a ‘pardon’ as ‘an act of grace’, granted by the executive authority to an individual convicted of an offence, which exempts him from the legal punishment imposed upon him, following his conviction. The power to pardon is vested in the executive,arguably as a ‘check’ on the powers of the judiciary, as it provides a means of rectifying any miscarriage of justice. However, leaving this executive power ‘unchecked’ could result in abuse. This article explores how Sri Lanka has exemplified the abuse of presidential pardons, as present and former presidents have granted controversial pardons using this executive power. Controversial use of presidential pardons: a brief recap In the past, several Sri Lankan presidents have used their power to grant controversial pardons in some high-profile cases. For instance, former President Maithripala Sirisena granted two such presidential pardons during his term in office. In May 2019, he pardoned secretary general of the hardliner Sinhala-Buddhist group Bodu Bala Sena, Ven. Galagoda aththe Gnanasara Thera. The prelate was serving a six-year prison sentence for contempt of court imposed by the Court of Appeal in August 2018 (Galagoda aththe Gnanasara Vs. Attorney General, CA (CC) Application No. 04/2016). His subsequent appeals against the prison sentence filed in the Court of Appeal and Supreme Court were dismissed. The second controversial pardon by President Sirisena was granted on November 9, 2019 to Don Shramantha Jude Anthony Jayamaha, who was sentenced to death in the Royal Park Murder case by the Court of Appeal in 2012. The Supreme Court in 2014 affirmed this sentence. The President’s pardon was reportedly on the basis of requests made by the Buddhist clergy, and other parties, including the considering of reports prepared by the Prisons Department and several other state institutions. The pardoning of Mary Juliet Monica Fernando, the wife of a former Minister of Parliament is another example of a controversial pardon. She was sentenced to death for a double murder in 2005. Subsequently, on International Women’s Day in March 2009, former President Mahinda Rajapaksa granted her a presidential pardon. In addition to the above high-profile pardons, Sri Lankan presidents have routinely granted mass scale pardons to persons convicted of minor offences. These pardons are usually granted on special days, such as Independence day, Vesak day and Christmas. Presidential pardons and Sri Lankan Constitution Article 34(1) of the Sri Lankan Constitution empowers the president to pardon an offender convicted of any offence in any Sri Lankan court. When an offender has been sentenced to death, the Constitutional process is as follows: (1) the president shall require the judge who tried the case to make a report; (2) it shall be forwarded to the AG for his advice; (3) thereafter, the report shall be sent to the Minister of Justice to forward to the president with his recommendation. Re-thinking presidential pardons The cases discussed above indicate that in Sri Lanka, the granting of presidential pardons have been abused, as they seem to have undermined the role of the judiciary, rather than rectify miscarriages of justice. This is evidenced by the fact that several sentences in the above cases were affirmed by the Supreme Court, which is the ‘highest and final superior court of record in the Republic’, as highlighted in Article 118(c) of the Constitution. Therefore, presidential pardons should be subject to checks and balances. Such checks and balances are vital to uphold the separation of powers between the three branches of government – a doctrine incorporated in the Sri Lankan Constitution. Some countries have empowered their judiciaries to review executive pardons. For instance, in the UK, the courts have the jurisdiction to review the exercise of the Royal Prerogative of Mercy by the Monarch (on advice of the justice secretary) ‘in accord with accepted public law principles’. Thus, in the UK, the power to grant pardons does not go unchecked. Meanwhile, in India, through the landmark case of Epuru Sudhakar & Anor v. Government of Andhra Pradesh & Ors, the Indian Supreme Court held that it has jurisdiction to judicially review the pardoning power of the President. Recourse available in Sri Lanka In Sri Lanka, except decisions to declare war, the official decisions of a president may be challenged by invoking the fundamental rights jurisdiction of the Supreme Court as per Article 35(1) of the Constitution. This mechanism was introduced through the Nineteenth Amendment to the Constitution. As such, a solution to ‘check’ controversial presidential pardons is available in Sri Lanka,thus upholding the separation of powers. This remedy has been used to challenge the presidential pardons granted to Gnanasara, Jayamaha, and Ratnayake. Conclusion The current practice of granting presidential pardons in Sri Lanka is deeply problematic. However, the course of action provided through the 19th Amendment for the Supreme Court to review pardons is a positive feature in Sri Lanka’s constitutional framework. It can provide an avenue to maintain checks and balances on executive power, and prevent a culture of injustice, which undermines the rule of law. The writer is a Research Assistant attached to the Legal Research team at Verité Research, an interdisciplinary think tank that provides strategic analysis and advice for governments and the private sector in Asia. For comments andinquiries, contact publications@veriteresearch.org.

Urgent Appeal Case: AHRC UAC-002-2020

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM Urgent Appeal Case: AHRC UAC-002-2020 16 July 2020 ---------------------------------------------------------------------------------- SRI LANKA: Case of alleged torture, illegal arrest and detention of Liyanage Pasindu Yasantha Perera by some officers of Kalutara District Crime Division ISSUES: Torture, Illegal arrest and detention ---------------------------------------------------------------------------------- Dear Friends, The Asian Human Rights Commission (AHRC) is bringing to your notice this case of alleged torture, illegal arrest and detention of Liyanage Pasindu Yasantha Perera by some officers of Kalutara District Crime Division CASE NARRATIVE: On the morning of 18th May 2020, Police officers attached to the Kalutara District Crime Division of the Kalutara Police arrested the complainant. From the time of arrest until the complainant was brought to the Kalutara District Crime Division he was beaten by the police officers. The police officers tied the complainant’s hands together and then wrapped his hands and his whole body with a heavy metal chain. The complainant was then hung by his feet from a top plank of a bunk bed to which a pulley had been fixed and the pulley and a rope were used to pull the complainant into the hanging position. The complainant was beaten by the police until 1:30pm whilst in that position. They repeatedly asked him to give up a weapon, which he had no information about and was not in possession of. They also repeatedly demanded that his father handed over to them a weapon. The complainant denied having a weapon. Complainant was later removed from this position for a short while and was permitted a visit with his father, Manjula Perera, who had arrived at the police unit. Around 2:00pm, he was again hung by his feet in the same manner, and was left in that position till 5:30pm. He recalls that from time to time he would be beaten and demands were made of him to give the police officers of a weapon. During this time, two of the complainant’s friends were also brought into the room in which the complainant was hanging by his feet. His friends were frightened by the sight of the treatment the complainant was subjected to. His friends were questioned about the complainant and as to whether he had had a firearm in his possession. They denied seeing him in possession of a firearm. They too were extremely frightened by the experience. After around 5:30pm, the complainant was removed from the hanging position and was forced to sit in a chair. Sub Inspector Dayasena threatened the complainant by saying “We have notified your father, he will come to take you. Don’t inform anyone about the fact that you were beaten. If you mention it to anyone, you will face charges of having drugs in your possession and we will put you in jail for 10 years.” SI Dayasena had examined the complainant’s body all over my body and asked if the complainant wanted to get any medication. Then he stated again that if the complainant opened his mouth that the police would charge him with possession of drugs and imprison him for 10 years. At around 8:00 or 8:30pm, the complainant’s father took custody of the complainant and admitted him into the Kalutara Hospital. On 19th May 2020 the complainant’s father, lodged a complaint with Deputy Inspector General of Police in charge of the Kalutara District. On 20th May 2020 complaints were made to the National Human Rights Commission, National Police Commission and the Inspector General of Police. The complainant has also informed the Attorney General’s Department of the incident. The complainant has not been notified of any steps taken in response to the complaints and to the best of the complainant’s knowledge, the police officers that beat the complainant including SI Dayasena have not been subjected to any disciplinary action, inquiry or investigations towards instituting criminal proceedings. They continue to serve in the police force without any consequence. Various individuals including the Officer in Charge of the Kalutara District Crime Division have made several interventions demanding from the complainant that he refrain from pursuing legal redress in this matter and indicating that ‘a settlement’ is possible. SUGGESTED ACTION: The AHRC calls for quick and stringent action by the Sri Lankan authorities and intervene in this case promptly. The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To support this case, please click here: SAMPLE LETTER: Dear ___________, SRI LANKA: Case of alleged torture, illegal arrest and detention of Liyanage Pasindu Yasantha Perera by some officers of Kalutara District Crime Division Name of victims: Liyanage Pasindu Yasantha Perera Name of alleged perpetrators: Police officers attached to the Kalutara District Crime Division Date of incident: 18 May 2020 to the present Place of incident: Kalutara District Crime Division, Sri Lanka I am writing to voice my deep concern regarding the arrest, detention and torture of Liyanage Pasindu Yasantha Perera allegedly by some officers of the Kalutara District Crime Division. It is alleged that said police officers arrested, detained and tortured Yasantha Perera on the mistaken belief that he was in position of a gun. Obviously police officers had no evidence at all to that effect. Instead, he was tortured with the idea of collecting the information from victim himself. As he did not know about such a gun, he could not provide any information to the police. So it appeared he was assaulted further. Later, he had to be released because it was a case of a false arrest based possibly on false information. He was later taken to the hospital by his parents and according to the information received the doctor confirmed that alleged assault. There had been serious of previous complains of police assaults of torture and ill treatment. I have been informed that the Supreme Court of Sri Lanka itself has confirmed such torture in over hundred judgements they have delivered in recent times. I am requesting you to intervene on this matter in your official capacity and ensure the following. 1. That the matter should be taken with the Sri Lankan Government requesting an urgent intervention, 2. Specially request protection for the victim and his family members, 3. Request for a thorough medical examination by a competent doctor, who works outside the territory of this police station, 4. Request that the victim is not implicated in grudge litigation. I look forward to your prompt action in this matter. Yours Sincerely, ………………. PLEASE SEND YOUR LETTERS TO: Mr. C. D. Wickramaratne Acting Inspector General of Police New Secretariat Colombo 1 SRI LANKA Fax: +94 11 2 440440 / 327877 E-mail: igp@police.lk 2. Mr. Dappula de Livera Attorney General Attorney General’s Department Colombo 12 SRI LANKA Fax: +94 11 2 436421 E-mail: ag@attorneygeneral.gov.lk 3. Secretary Human Rights Commission No. 36, Kynsey Road Colombo 8 SRI LANKA Tel: +94 11 2 694 925 / 673 806 Fax: +94 11 2 694 924 / 696 470 E-mail: sechrc@sltnet.lk 4. Assistant superintendent of Police District crime Division, Katukurunda, Kalutara South. Sri Lanka Fax: +94 34 2222199 Thank you. Urgent Appeals Program Asian Human Rights Commission (ua@ahrc.asia Visit our website with more features at www.humanrights.asia.

IS BRUTALITY OF SRI LANKA POLICE ON THE RISE UNDER THE NEW GOVERNMENT?

Is BRUTALITY OF SRI LANKA POLICE ON THE RISE UNDER THE NEW GOVERNMENT? Gotabaya Rajapaksa with police July 19, 2020 admin Crime English By:Ajith Perakum Jayasinghe Sri Lanka police are too often alleged of police brutality after the government under President Gotabaya Rajapaksa came into power and former military general Kamal Gunarathna was appointed as Secretary of the Defense Ministry, under whom the police operate. Translations by Creative Content Consultants On July 17, a group of people from Vavuniya blocked the main road in front of the Echchankulam Pillaiyar Temple and staged a sit-in protest demanding justice for the police brutality against two youths. People accused that the Officer-in-Charge of Vavuniya Echchankulam police station attacked the youths. Traffic on the main road between Thandikulam and Paalampiddy was blocked for two hours due to the protest. There are allegations that the journalists who were covering the incident were also assaulted by the police officers. A week ago, on July 11, officers of Angulana police station which has a bad history about police brutality killed a 39 years old fisherman who was on his way in two three-wheelers with a group to a canal to catch fish. The killing of the father of four children angered his neighbours in Angulana and compelled them to protest. A few days later, police abducted two witnesses of the murder and the women who were on their verge of patience gathered before the police station and pelted stones damaging public property. In June, a 24-year-old unarmed young man was shot dead by police in Muhamalai in the Northern Province in relation to an incident of illegal sand mining. However, people accuse police of connivance with illegal sand miners. Early in June, Sri Lanka police launched a brutal attack against the activists of Frontline Socialist Party that gathered before the US Embassy in Colombo for a peaceful protest in support of #BlackLivesMatter campaign. The entire country was shocked to see the brutal nature the protest was suppressed covering to a court order reportedly obtained under the quarantine regulations. Some of the police officers who came to the attack were wearing personal protective kits but the protesters were hauled and thrown like bags of flesh into packed mini trucks. They were driven to Colombo Harbour police station in the back of mini trucks without the least concern regarding quarantine regulations. Fifty-three protestors including the leaders of the Frontline Socialist Party, lawyers and women were arrested. Order to brutally attack the protest had come from a top defence authority, sources say. However, the protestors were released later on police surety because of orders from a higher authority, sources say. Killing of suspects while being arrested or under police custody is also reported often and the clarification of the police to justify the assassinations is retaliation to the attacks against police or attempts to escape. However, the killing of suspects ultimately destroy lots of vital evidence of crimes. A group of officers of Narcotic Bureau of Sri Lanka police are now under arrest for engaging in drug trafficking.

SRI LANKA Stubborn Sirisena making a mockery of Sri Lankan justice. -Ucanews.com article published on May 02, 2019.

SRI LANKAStubborn Sirisena making a mockery of Sri Lankan justice. UN rights body pressures Colombo to provide fixed timeline for war crimes probes and accept international judges. Kingsley Karunaratne, Colombo. Kingsley Karunaratne, ColomboUpdated: May 02, 2019 10:23 AM GMT Stubborn Sirisena making a mockery of Sri Lankan justice. In this photograph taken on Nov. 5, 2018, Sri Lanka's President Maithripala Sirisena waves to supporters at a rally in Colombo. (Photo by Lakruwan Wanniarachchi/AFP) Sri Lanka still has many mountains to climb before it can close a painful chapter in its modern history regarding a slew of unresolved cases of enforced disappearances and other human rights abuses that occurred during its 26-year civil war. The United Nations Human Rights Commission (UNHRC) approved on March 22 a proposal to give the country another two years to set up a credible war crimes investigation panel to look into those incidents. The decision was made on the final day of the 40th session of the UNHRC, which kicked off on Feb. 25. Beset by challenges in the aftermath of the war that ended in May 2009, the island nation found itself the center of attraction in the early stages of the session as it prepared a resolution (40/l) to co-sponsor such a panel. The other core co-sponsors were the United Kingdom, Germany and Canada. According to another resolution (30/1) issued in 2015, Sri Lanka was granted 18 months to establish a credible accountability mechanism. A change of government in January 2015 averted possible international sanctions over former president Mahinda Rajapaksa's failure to adequately deal with war crimes. Rajapaksa has since last year served as leader of the opposition. In 2017, another two-year extension was granted to Sri Lanka that expired last month. Colombo was supposed to have honored its commitments to the U.N. body by that deadline. Up to 40,000 ethnic Tamil civilians are believed to have been killed in the final months of the civil war against the secessionist group known as the Liberation Tigers of Tamil Eelam (LTTE) or Tamil Tigers. As many as 100,000 people died in the conflict. According to one estimate, 12,000 disappeared amid allegations of extrajudicial military killings. UNHRC High Commissioner Michelle Veronica Bachelet Jeria told the council that Sri Lanka could regress politically and socially unless it at least addressed the "worst crimes" during the final stages of the war. However, there has been minimal progress in terms of accountability. As such, the government has been urged to invite the Office of the United Nations High Commissioner for Human Rights (OHCHR) to establish a fully fledged country office to monitor the human rights situation on the ground. "My office highlights the critical role of Sri Lanka's independent commissions, particularly the National Human Rights Commission. Respect for their independence and implementation of the commissions' recommendations are needed to entrench the rule of law in Sri Lanka," said Bachelet, who has twice served as the president of Chile. She said Sri Lanka has yet to set up a special judicial mechanism to try war criminals despite pledging to do so four years ago, She welcomed the move to make the Office on Missing Persons operational. She also commended the establishment of the Office for Reparations. She said the reform agenda was further hamstrung by the political crisis that engulfed Sri Lanka at the end of 2018 when two rival prime ministers both claimed legitimacy at the same time. In response to her comments, Foreign Minister Thilak Marapana said on March 21 he welcomed the adoption of the consensus resolution (40/1) by the UNHRC granting the country two more years to honor its commitments. He also invited the OHCHR to engage with local institutions to verify the facts on the ground. This confirmed Sri Lanka's political commitment to fair play and the progressive steps already taken by the government since 2015, Marapana claimed. Remarking on a suggested hybrid court featuring foreign lawyers and judges, he said Colombo has already repeatedly explained at the highest levels of government that its constitutional and legal challenges will be firmly grounded in the constitution and the domestic legal framework. The same logic and rules apply to its transitional justice process, he noted. "It would not be possible to appoint judges who are not citizens of Sri Lanka through such a process without amending the constitution, which would require the approval of at least two-thirds of all MPs and a public referendum," he said. Marapana argued that the actions taken by Sri Lanka's courts during the so-called "coup" that happened late last year proved that foreign judges were not needed. He was referring to the events that ensued when President Maithripala Sirisena appointed Rajapaksa as prime minister and dissolved parliament. Both moves were blasted as illegal and counter to the charter. The country's cabinet is now considering a bill to establish a Truth and Reconciliation Commission. Sirisena said Colombo is resolved to fulfilling its reconciliation agendas and pledges to ensure the brutal war is not repeated. However, he has rejected Bachelet's proposal to set up a permanent OHCHR office. Sri Lanka's security forces were battling a group that many countries had designated a terrorist organization, and no allegations of war crimes against individuals or humanity have been confirmed, the president said. To support his argument, Sirisena cited the OHCHR Investigation on Sri Lanka (OISL) report of 2015. During the last four years, judicial independence has been restored to a large extent through the establishment of independent commissions. That being said, experts expect the situation to drag on for at least another decade before justice is served and the ghosts of the war laid to rest. When the conflict finally ended in 2009, then president Rajapaksa met with Ban Ki-moon, who was serving as the secretary-general of the U.N., and agreed to an accountability probe. The first challenge of the Sri Lankan government was to take a unified stance at the latest UNHRC session as the president wished to withdraw from the co-sponsored resolution as well as from other pledges. Rajapaksa said a decade has passed since the end of war and that the country is now at peace. "I want to tell them not to pressure us and to allow us to solve our internal matters. Why open old wounds? Just forget about this war crimes probe and let us live in peace and harmony," he said. However, it was the prime minister who conducted all the negotiations with the core group countries and decided to co-sponsor the resolution again to obtain another two years to satisfy its commitments. At one point, it looked as though Sri Lanka would be sending two delegations to the meeting to represent it. However, in the end, Sirisena agreed to send just one delegation headed by his foreign minister. My observation is that the president is not willing to make the necessary reforms. Even though the prime minister seems keen to execute the reforms, he lacks the required majority in parliament to do so. Meanwhile, Rajapaksa, Buddhist monks and even Cardinal Malcolm Ranjith have opposed some aspects of reforms. The reform proposals include devolving more powers to the provinces. This relates to broader efforts at reconciliation as it would give greater authority to ethnic Tamils on their home turf. Any war crimes probes must be undertaken with the domestic legal framework, which means new legislation is needed. But the government has failed to address the concerns of a Sinhala voting base angered by its decision to hound the Sinhala army for alleged war crimes. Father Oswald Firth OMI, the former director of Caritas Sri Lanka, said the transitional justice process is essential for peace. He said many cases must be resolved for this to happen and the victims compensated, including the bereaved families of enforced disappearances and those whose property was stolen or destroyed. Even though it may fall short of the stature of a hybrid court, the legal system must ensure justice is served. The government has already set up its Office for Missing Persons and Office for Reparations, but the victims of the war will not be satisfied unless a proper mechanism for transitional justice takes force. The president and prime minister are at war with one another on this issue both domestically and internationally. With just seven months to go to before the next presidential election, it will be interesting to see how they proceed in fulfilling their reformist agenda. Kingsley Karunaratne is administrative secretary of the Rule of Law Forum, which is affiliated to the Asian Human Rights Commission. His organization works for a fundamental redesigning of justice institutions to protect and promote human rights.

SRI LANKA: AHRC Intervenes to Support Residence of Depanama, Pannipitiya to Stop Sound Pollution- Published on Mach 20,2018.

A Statement by the Asian Human Rights Commission SRI LANKA: AHRC Intervenes to Support Residence of Depanama, Pannipitiya to Stop Sound Pollution March 20, 2018 Inspector general of Police, Police Headquarters Colombo Sri Lanka Fax Number: +94 112440440 Re: Complaint against Sound Pollution caused by temple authorities at Sri Devram Maha Viharaya, Pannipitiya Dear Sir, I am writing this on behalf of the Asian Human Rights Commission. Our commission has revived a complaint from about 35 local residents of Pannipitiya. The residnets have come to know about Sri Devram Maha Viharaya, Pannipitiya having hired some criminal elements for mounting loudspeakers on the electric light posts in their residential areas. The loudspeakers are to be used for loud noise during religious procession organised by the temple authorities. We understand that the police has permitted the use of loudspeakers only inside the temple premises. However, the temple authorities are attempting to do it even outside, in the public area, by force by use of criminal elements to get it done. We are kindly requesting you to immediately intervene in order to stop this act that will greatly inconvenience the local residents. Further, the involvement of the criminal elements in this act creates likelihood of breach of peace and possible outbreak of violence. This dispute between the said temple authorities and the people living in Pannipitiya area has been continuing for some time and the residents have repeatedly complained against it to the police and other authorities but to no avail. Many of the residents who have complained are former state and private sector employees who are now in retirement. There are several persons suffering from old age related ailments. They have suffered sound pollution during such processions in the past. They cannot rest in their houses and cannot sleep due to such noise pollution. Therefore, we once again request you to urgently intervene in the issue and ensure that such loudspeaker assault does not take place. Your Sincerly Bijo Francis Director Cc/ 1. Assistant Superintendent of the Police, Nugegoda 2. Officer in charge, Police Station, Maharagama # # # The Asian Human Rights Commission (AHRC) works towards the radical rethinking and fundamental redesigning of justice institutions in order to protect and promote human rights in Asia. Established in 1984, the Hong Kong based organisation is a Laureate of the Right Livelihood Award, 2014. Read this Statement online Visit our website with more features at www.humanrights.asia. You can make a difference. Please support our work and make a donation here. ----------------------------- Asian Human Rights Commission G/F 52 Princess Margaret Road Ho Man Tin, Kowloon Hongkong S.A.R. Tel: +(852) 2698-6339 Fax: +(852) 2698-6367 Web: www.humanrights.asia twitter/youtube/facebook: humanrightsasia powered by phpList2.10.19, © phpList ltd 3 Attachments Preview YouTube video The Activist

SRI LANKATime to end Sri Lanka's culture of impunity.- Ucanews.com article published on March 27,2018.

SRI LANKATime to end Sri Lanka's culture of impunity. The country has adequate laws to protect its citizens from hate speech and hate crimes, but they must be enforced. Kingsley Karunaratne, Colombo Kingsley Karunaratne, ColomboUpdated: March 27, 2018 10:07 AM GMT Time to end Sri Lanka's culture of impunity. Muslims store dry rations to distribute among families following attacks by Buddhist mobs in Sri Lanka. (Photo by Quintus Colombage/ucanews.com) Anti-Muslim violence is over in Sri Lanka for now, but social and religious problems have intensified as a result of the disturbing attacks. According to police, 465 houses, vehicles and businesses were destroyed or damaged during the recent trouble. Two people were killed and Muslim mosques were attacked. Violence broke out after a Sinhalese truck driver was killed by four Muslim youths in Theldeniya in Kandy district over a traffic dispute. If the police had taken timely precautions on the driver’s funeral day and afterwards, the situation could have been avoided. The lethargic police gave Sinhalese Buddhist mobs who came from outside Kandy the chance to cause havoc as they pleased. Many Muslims said most incidents took place during a curfew while the police and Special Task Force were deployed in the region, but they never took steps to interfere, stop or arrest the perpetrators. Now Muslims are scared to live in their own houses and fear they will be attacked again by Sinhalese mobs. Even though the state of emergency and the curfew have been lifted, the government will have to keep police and army contingents throughout the district for the security of Muslims. It will take time to heal the wounded hearts and minds of Muslim and Sinhalese people. Buddhist and Muslim clergy should get involved to work for religious co-existence. In some villages, Muslims ran for shelter and protection to Buddhist temples. One such incident took place in a village in Theldeniya. The chief monk at Gomagoda Temple protected babies, children, men and women in his temple. The monk told Buddhists to protect Muslim houses and property too. Similar incidents happened in other places. Though these deadly attacks were planned and carried out by outsiders, Sinhalese nationalist organizations like Mahason Balakaya and Sinhala Jathika Balamuluwa have been accused of playing a part in the violence. The Terrorist Investigation Division has arrested 161 people including Mahason Balakaya leader Amith Weerasinghe, Sureda Suraweera, Buddhist monk Arachchikubure Sobitha Thero and seven other members of the extremist organizations. Ultranationalism is a very dangerous trend and if meaningful steps are not taken by the authorities, Sri Lanka will be ruined. On March 16, the district secretariat in Kandy paid compensation to victims of violence. The government paid 500,000 rupees (US$3,200) for a damaged house and 100,000 rupees for an attacked shop. The families of the two killed were each given compensation of 500,000 rupees on March 19. Muslim places of worship will also be compensated for damage. All damaged properties should be fully renovated within four months with the help of soldiers. A Muslim devotee and local council member Cader Nijam examine the vandalized Jumma Mosque at Pallekele in Kandy following attacks by Buddhist mobs. (Photo by Quintus Colombage/ucanews.com) Though restrictions on social media have been lifted, Sri Lanka plans to clamp down on hate speech by enacting new laws and setting up an institution to monitor social media and censor inflammatory postings. This step is positive in one way but there is another school of thought that the move will limit freedom of thought and expression. In previous years too, certain social media sites provoked hatred against ethnic and religious minorities, mainly Muslims who were criticized for the hijab (head covering), halal artifacts, ritualistic food items, high birth rates and forced conversion of Buddhists to Islam. It is obviously the duty of the government to prosecute and convict these perpetrators. However the government has not yet learned that lesson. At the tail end of Mahinda Rajapaksa’s regime, an anti-Muslim media campaign claimed that Muslims were planning to take control of Sri Lanka with global Islamic forces such as Islamic State. In June 2014, Galagoda Aththe Gnanasara Thero, leader of Bodu Bala Sena, made a hate speech in a rally against Muslims. Buddhist mobs later destroyed Muslim houses, businesses and mosques. At least four people were killed. But impunity prevails for Bodu Bala Sena, with not a single prosecuted or convicted. Even after 2015, the new government did not carry out further investigations to book those responsible for violence, property damage and killings. However the government in January 2018, paid 20 million rupees in compensation to victims of the riots, some 273 families. In 2009, Sri Lanka’s 26-year civil war ended when the army crushed militant rebels. Sinhala nationalist forces then searched for a new enemy and targeted the Muslim minority. How on earth can a country exist like this? The economy was ruined. The common man was burdened with a high cost of living. Development is at a standstill and the country cannot afford any more such calamities. We have to rethink the future of the country and come to a consensus that enough is enough for communal and religious hatred so that we can achieve a progressive Sri Lanka. Sri Lanka has adequate laws to protect its citizens from hate speech and hate crimes. They must be enforced to punish people who propagate communal hatred and incite sectarian violence, ensuring justice for citizens. Kingsley Karunaratne is administrative secretary of the Rule of Law Forum, which is affiliated to the Asian Human Rights Commission. His organization works toward the radical rethinking and fundamental redesigning of justice institutions in order to protect and promote human rights.

SRI LANKASri Lankans mourn Buddhist monk who dies after elephant attack.-Ucanews.com article published on 06 Feb. 2018.

SRI LANKASri Lankans mourn Buddhist monk who dies after elephant attack. Venerable Bellanwila Wimalarathana Thera worked hard to build interreligious harmony. Kingsley Karunaratne, Colombo Kingsley Karunaratne, ColomboUpdated: February 06, 2018 05:04 AM GMT. Sri Lankans mourn Buddhist monk who dies after elephant attack. A Buddhist monk feeding an elephant at a Buddhist temple near the Sri Lankan capital of Colombo. (Photo by Ishara S. Kodikara/AFP) A senior Buddhist monk in Sri Lanka, known for his efforts to improve inter-religious relationships, passed away a day after he was attacked by a temple elephant. Sri Lankans are mourning the death of Venerable Bellanwila Wimalarathana Thera who died of heart failure while in a Colombo hospital on Feb. 3. He was 77 years old. His death occurred a day after an elephant attacked him in his temple. The monk was reportedly violently pushed to the ground by an elephant called "Myan Kumara" who was a gift from Myanmar in 2013. The attack occurred when the monk was reportedly giving the animal food. In Sri Lanka, a monk's death unites Catholics and BuddhistsIn Sri Lanka, a monk's death unites Catholics and Buddhists. Venerable Bellanwila Wimalarathana Thera (left side, corner of the table) served many years to build interreligious harmony within post-war Sri Lanka to ease ethnic tensions in the country. (Photo by Kingsley Karunaratne) Venerable Wimalarathana Thera attempted to build interreligious harmony in post-civil war Sri Lanka. He was also the vice president of the Congress of Religions, a body of national religious leaders. Retired Archbishop Oswald Gomis, a member of the Congress of Religions, said that Venerable Wimalarathana Thera was associated with good number of Catholic priests, Anglican ministers and also Muslims and Hindus. "We were constantly making proposals to both government and ordinary people as to how we should live together irrespective of religion, caste and nationality or race," said Archbishop Gomis. "There was an incident near his temple where the Catholic community wanted to build a church but some others were against this and began causing trouble but Venerable Wimalarathana Thera stepped in and said that all people in this country have rights and that the church should be allowed to occur," said Archbishop Gomis. "We will hold him in respect and his memory will live within us for long years," he said. Archbishop Cardinal Malcolm Ranjith described Venerable Wimalarathana Thera as an educated, humble and pious monk. "I got the opportunity to associate with him closely on inter-religious coexistence and as a dear friend. I learnt his noble qualities which acted as guidance to my life too," he said in a statement. The archbishop said the monk was a guiding light for the entire Sri Lankan Buddhist community. "His love for the country was enormous. We salute him for his services to the nation, religion and to the country. I see this as a great loss to the nation which is unbearable," he said. A cremation with state honors will be held on Feb. 8 at the Sri Jayawardenapura University ground. Venerable Wimalarathana Thera obtained a Doctorate in Philosophy (Ph.D) in 1980 and was the chancellor of the University of Sri Jayawardhanapura.

Sri Lanka must lay ghosts of war to rest as UN meet looms.-La Crox International.com article publised on March 01, 2018.

Sri Lanka must lay ghosts of war to rest as UN meet looms. UNHRC pressing for a transitional justice mechanism with international judges Kingsley Karunaratne,Colombo Sri Lanka March 1, 2018 Sri Lanka must lay ghosts of war to rest as UN meet looms Journalists and civic rights activists hold a protest in Colombo by hoisting photos of slain journalists while shouting slogans at the 'Black January' event to honor Sri Lankan reporters who have either disappeared or been abducted or killed. (Photo by ucanews.com). With many casualties of its bloody civil war still registered as missing persons, and as critics rail against the country for struggling to eke out transitional justice for wartime atrocities, Sri Lanka has many mountains to climb before it can close this painful chapter in its modern history. Beset by challenges in the aftermath of the war that ended in 2009, the island nation found itself the center of attention in the early stages of the 37th session of the United Nations Human Rights Council (UNHRC) in Geneva, Switzerland, which kicked off on Feb. 26 and runs till March 23. Some pointed to the painful situation playing out in the town of Kilinochchi in Northern Sri Lanka, where protesters clamoring for the truth of loved ones who remain missing have now demonstrated for over 370 days. Others lamented how so many cases of enforced disappearances in the North and East of the country during the 26-year-long armed conflict against the Tamil Tigers, which began in 1986, could remain unresolved today. The situation is made more deplorable by the fact that Sri Lanka's parliament has already passed the Office of Missing Persons (OMP) Act.President Maithripala Sirisena signed the act last July, paving the way for the Constitutional Council to recommend a chairman. However, seven months later none of thre council's nominations have been appointed.One wonders how it will be possible to achieve reconciliation under such circumstances — without providing speedy justice to victims of wartime atrocities, and without trying to seek the truth about what happened to those who disappeared without trace. When the UNHRC met in 2012, 2013 and 2014 it passed a series of resolutions against Sri Lanka calling for investigations into war crimes.But international opinion softened in line with regime change on Jan. 8, 2015 as people took solace in the increased likelihood that wide-ranging reforms would be carried out, good governance would replace bad, and democracy would be restored.The "new" government has had three years to live up to its original promise, racking up successes and failures along the way. The 19th Amendment to the Constitution, which reduced the executive powers of the president and strengthened parliament, ranks among the success stories.It was buttressed by the introduction of new panels to foster the healing process, such as the Right to Information Commission, not to mention independent commissions for the police and the judiciary. Progressive moves like this have given the people of Sri Lanka breathing space so they can express their opinions without fear as they country marches toward democracy.Moreover, journalists no longer have to fear being abducted or killed in retaliation for writing a certain story or taking a "controversial" photo.Conditions have improved considerably but there is still much to be done. At the UN-orchestrated Universal Periodic Review of Sri Lanka in November, several member countries demanded the government implement safeguards against torture and repeal its Prevention of Terrorism Act (PTA), which was viewed as infringing on suspects' human rights.However, to the best of my knowledge, nothing has been done except presenting a draft of the repealed act at the latest cabinet meeting, where it was rejected.Meanwhile, the number of extrajudicial killings conducted with impunity spiked in Sri Lanka in 2017, ending at 10 for the year as a whole.Yet all hope is not lost — far from it. Foremost in the minds of many who are engaged in seeing Sri Lanka prosper and heal is the expectation the nation's new charter will include a solution for reconciliation through power sharing with the Tamils in the North and East of the country. The police must also modernize and show zero tolerance for torturing suspects, a practice that victims of police abuse say remains rampant today . Another outstanding problem is the PTA, a draconian piece of legislation that must be repealed to align with acceptable international norms.In March 2017 the UNHRC adopted a resolution granting the government of Sri Lanka two more years to pursue and fulfill its post-war commitments.Specifically, this referred to ongoing reconciliation efforts and alleged war crimes.According to a resolution passed by the UNHCR in 2015, Prince Zeid Ra'ad al-Hussein, the body's high commissioner, must submit a written report on the progress made in this area on March 21. Prime Minister Ranil Wickremesinghe said a Sri Lankan delegation will also brief the council in March of any progress made in the battle for greater respect for human rights.Other moves by the nation's president, who is Sinhalese, are less encouraging.Last year he rejected a proposal by the UNHRC for a transitional justice mechanism featuring international judges.Moreover, Sri Lanka has been pressed to establish a special court to investigate war crimes that were allegedly committed by both the armed forces and the insurgents.Some claim government forces killed 40,000 Tamil civilians in the final stages of the civil war.President Sirisena was elected six years after it ended with the backing of the Tamil community, partly because he pledged to hold the army accountable for the "excesses" it perpetrated during the civil war.That was in 2015. But little has been done since.In the following year, parliament heard consultations on the formation of a new constitution.An interim report by the steering committee of the Constitutional Assembly was released on Sept. 21, 2017, followed by days of debate in parliament and also in the public domain.Not everyone was happy with the content of the new charter, which spurred protests from Buddhist monks.Even former president Mahinda Rajapaksa, now firmly ensconced in the opposition camp, said it threatened to divide the country.The government responded by saying it was merely a draft that could be amended further down the road.However, we are still waiting for a final draft to be submitted to the authorities. In order to heal rifts and get communities singing from the same hymn sheet in terms of what the charter needs to include, constructive dialogue is essential.That would help foster a society that nurtures a culture of peace based on mutual respect, understanding and coorporation. But since local elections were held last year, the government's reformist agenda seems to have had some of the wind knocked out of its sails.Ahead of these expected reforms, the ruling coalition government experienced a serious setback during the local elections as Rajapaksa led his Podu Jana Peramuna party to a sweeping victory.This sent shock waves through the region and poses a new challenge to the government's reformist agenda.Constitutional approval now hinges on a referendum and a parliamentary majority (two-thirds or more).The chief reason for the government's defeat in the recent elections was that it failed to fulfill the election pledges it made in 2015.It has taken far too long to punish corrupt politicians under Rajapaksa's regime who misused their office and were guilty of cronyism.It has failed to address the high cost of living and growing nationalist sentiment among voters in Southern Sinhala, many of whom were angered by its decision to hound the army for alleged war crimes.As if it did not already have enough on its plate, the government was also charged with corruption over a bond scam involving the Central Bank. In a recent message, the Committee to Protect Journalists, Asia said: "The [govt] hasn't secured a single conviction in the cases of 10 journalists who were murdered in Sri Lanka in retaliation for their work since 1992."A prominent example would be the murder of Lasantha Wickramatunga, whose case has remained unsolved since 2008.Recent reports say a retired senior superintendent confessed to having destroyed crime-scene evidence that would have implicated certain figures in her killing. He claims to have done this on the orders of his superior officer, the now-retired deputy inspector general of police.The police official allegedly told his juniors to deliberately sabotage the investigation and destroy evidence found in Lasantha's car.He reportedly attempted to scuttle the investigation to protect military intelligence officers who were responsible for Lasantha's assassination. Meanwhile, the High Commissioner of the UNHRC has called on the UN Human Rights Council to explore other avenues that could foster accountability in Sri Lanka.He has also reiterated his appreciation for the constructive engagement of the government with the Office of the High Commissioner for Human Rights and other UN human rights mechanisms since January 2015.Though he expressed concern over the lack of progress made in terms of accountability and reform, he said he was encouraged to see the human rights situation improving.He urged the UNHRC to continue to play a critical role in encouraging greater accountability and reconciliation in Sri Lanka.The government must now prepare for another Universal Periodic Review from 7-18 May. Kingsley Karunaratne is the administrative secretary of the Rule of Law Forum, which is affiliated with the Asian Human Rights Commission. His organization works towards the radical rethinking and fundamental redesigning of justice institutions in order to protect and promote human rights.

SRI LANKA: That the Constitution allows enforced disappearances is a big lie (Loku boruwak!)- Published on October 24, 2017.

SRI LANKA: That the Constitution allows enforced disappearances is a big lie (Loku boruwak!) Article |Sri Lanka | October 24, 2017 By Basil Fernando This article is a response to an article titled “International Convention on Enforced Disappearances violates the Constitution” published in a reputed newspaper The Island of 22nd October 2017, written by Neville Ladduwahetty. The crux of the argument in that article is that the definition of enforced disappearances as contained in the International Convention on Protection of all Persons from Enforced Disappearances is inconsistent with the Constitution of Sri Lanka. A simple repudiation of that argument is that the Supreme Court of Sri Lanka has held that the definition of enforced disappearances as found in the Disappearances Convention is consistent with the Constitution of Sri Lanka. The Supreme Court in its declaration after examining the Bill on the Office of the Missing Persons (Establishment, Administration, and Discharge of Functions) Act, No 14 of 2016 as consistent with the Constitution of Sri Lanka has settled the matter already. Article 27(iii) of the act states as follows: An enforced disappearance as defined in the “International Covenant on protection of all persons from enforced disappearances; Article 27 of the Office of the Missing Persons Act is the section on the interpretation of some key words found in the Act. Thus, the term ‘enforced disappearances’ for the purpose of this Act is defined in the same way as it is defined in the Disappearances Convention. And that definition is “For the purposes of this Convention, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorisation, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.’ All the confusion that Neville Ladduwahetty has caused to himself and in turn has conveyed to the readers could have been avoided if he knew that the Supreme Court has already settled the matter for which he has taken a lot of labour to argue. For all purposes, nothing more needs to be said in exposing the big error of this article. What is said below is merely by way of explanation as to how the author has tried to misconstrue an argument against enforced disappearances being considered part of our law. This he has done by trying to compare Article 15(8) of the Constitution of Sri Lanka with the definition of enforced disappearances as defined in the relevant Convention. Article 15 of the Constitution is a very simple provision of law relating to ‘restrictions on fundamental rights’, which is found universally in all legal systems. In fact, Article 15 is based on Article 4 of the International Covenant on Civil and Political Rights which states as follows’ ICCPR Article 4 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. Simply explained, it means that there could be some restrictions on the rights to be free from arrest, from illegal detention and the like, under some special circumstances. However, neither international law on human rights nor the Sri Lankan Constitution allows concealment of arrest, detention or any restrictions of rights under any circumstances. It is the concealment that is not allowed under the pretext of any circumstances whatsoever. If the author of the Article was careful enough to note that the definition of enforced disappearances in the relevant Convention contains the following statement, – “…followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”, then he would have noted what is allowed and what is not allowed even under emergency or even during war or any other circumstances. The operative words are ‘concealment of the fate or whereabouts of the disappeared person’. Sri Lanka’s emergency laws and anti-terrorism laws have prescribed some restriction on civil liberties under certain exceptional circumstances. However, neither the Emergency Regulations nor the anti-terrorism law has allowed ‘… a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person’s outside the protection of the law.’ It is not difficult to understand the difference between certain restrictions on civil liberties which may be lawfully invoked and those that cannot be so invoked. To illustrate this point by way of an exaggeration, we may ask the author; does he think that under certain exceptional circumstances, cannibalism is allowed? Of course, any reasonable person would reply in the negative. But if we go by the view that under exceptional circumstances law enforcement agencies or armed forces may be allowed to do whatever they may want to do, then there is no basis to argue that cannibalism is an exception to that. Simple issue involved, is that restrictions on civil liberties which may be necessary under certain circumstances are also restricted and limited. That is the only way to make a distinction between lawful restrictions and barbaric actions. When a lawful restriction dissents to a barbaric action no civilised society will tolerate such actions. Like cannibalism, enforced disappearances also fall within barbaric actions. Law, rationality and sovereignty The legislature derives its power of making law within a democracy from the principle of sovereignty of the people. The sovereign people transfer to their representatives the power to make laws – in peaceful times as during times of conflicts – in order to ensure peace and security for themselves. What follows from sovereignty is the assumption that all actions done on their behalf must be done within the framework of rationality. A sovereign people do not give their representatives power to act barbarously. Sovereign people always act as civilised persons. Therefore, law makers cannot make laws that offend the basic norms and standards of a civilisation and give to law enforcement and armed forces powers to act barbarously. Concealment, accountability and obligation to maintain records All persons acting on behalf of the State are accountable for every action that they may do or omit to do. Officers of the armed forces and the law enforcement agencies are no exceptions to this rule. They too are accountable before the law for all actions that they may take or omit to take in the course of carrying out their duties. Prevalence of a situation of emergency or even war is no exception to this rule. Under no circumstances are they allowed to conceal whatever they have done in the course of carrying out their duties. This means that if they are called before a court of law, they cannot claim that they will conceal from the court whatever they have done or omitted to do in carrying out their lawful duties. The duty to be accountable implies that there is no right to conceal whatever they have done or omitted to do. The very essence of the offence of enforced disappearances is such concealment. When the fact of arrest or whereabouts of a person who is being arrested is considered a secret, the person so arrested is placed outside the protection of the law. Agencies of the State including the courts are required to take action for the protection of a person. They would need all the details about what has taken place relating to that person. When such information is required no one is allowed to state that ‘I am allowed by the law to conceal what I have done or what have I omitted to do’. Any person who makes such a claim obstructs the course of justice and therefore commits an offence. Thus, on matters relating to enforced disappearances, no officer of whatever the rank can claim the right to conceal what he or she knows. The obligation to be accountable goes much further. All actions taken by officers acting on behalf of the State must be recorded. This is why a police officer engaged in arresting a person is supposed to take down in his pocket notebooks every action that has been taken in the course of an arrest. Later, these notes need to be transferred into official records that are maintained at a police station. Such measures are prescribed by law in order to ensure protection for all persons from unlawful actions. This implies that an officer acting on behalf of the State must all the time ensure that all actions that are taken are strictly within the law. The experience of enforced disappearances in Sri Lanka shows of many instances where after arrest, torture and other illegal acts have taken place, persons have been killed and their bodies disposed of. What Neville Ladduwahetty is essentially arguing is that all such actions can be legalised under certain circumstances and that such actions can be concealed. As explained above such actions can never be legalised. In the same way that cannibalism cannot be legalised. This article in fact lets out a well-entrenched ideological position that some political leaders and security agencies have firmly held over a long period – that, any and all kinds of restrictions could be imposed under some exceptional circumstances. This is a fundamental fallacy. Neither our constitution nor international law can be invoked to justify this fundamental fallacy. Our constitution is not a document that justifies barbarism. If it were to justify barbarism then it does not deserve the respect of any rational person. To claim that our constitution permits barbaric actions is in fact a grave insult, not only to the constitution but also to the sovereignty of the people who have authorised such a constitution. Irrelevance of Sinharasa’s case The author’s thesis based on the Sinharasa’s case is irrelevant, because as said before the Supreme Court of Sri Lanka had already decided on the matter of legality and the constitutionality of the definition of enforced disappearances as found in the relevant Convention to be part of our law when the Court approved the Bill of the Office on Mission Persons Act No. 14 of 2016.

Asian Human Rights Charter - Update

SRI LANKABishop helps rebuild lives after Sri Lankan floods- Ucanews.com article published on Nov. 07, 2017.

SRI LANKABishop helps rebuild lives after Sri Lankan floods Ratnapura Diocese in southwest has helped organize short and long-term assistance Kingsley Karunaratne, Ratnapura Kingsley Karunaratne, RatnapuraUpdated: November 07, 2017 05:13 AM GMT Bishop helps rebuild lives after Sri Lankan floods. Volunteers during a rescue operation in Ratnapura after flood waters inundated the area in May 2017. The local diocese has provided short and long-term support for the local community. (Photo courtesy Caritas Sethmini) In the seven months since floods devastated Sri Lanka, the local diocese has helped rebuild lives and futures in southwest Ratnapura, one of the worst-hit cities. Ratnapura, known as the "city of Gems," suffered more than other regions after mining for precious stones, including rubies and sapphires, had left pits behind which exacerbated landslides caused by the flood waters. Torrential downpours in May dumped 600 millimeters of floodwater in Ratnapura. Nationwide 213 died, with another 76 people missing, and more than 415,000 people in 12 provinces were left homeless, according to Red Cross figures. In the immediate aftermath Bishop Cletus Chandrasiri Perera of Ratnapura set-up three care centers, including one at a cathedral, to look after the flood and landslide victims. Church volunteers cooked meals at the centers which were distributed to displacement camps and places in need. Sometimes transportation had to be arranged by the diocese due to difficulty in accessing flood-stricken areas. "Under the operations of the bishop of Ratnapura we were able to render a helpful service not only to Catholics but also Buddhists, Hindus and Muslims," said Father Anton Sriyan, director of Caritas Sethmini in Ratnapura. But since the immediate crisis passed, the church has continued to offer long-term care and support to affected communities, whether it be household items, clothes or money. The schooling of tens of thousands of children was interrupted after the government ordered the closure of educational facilities for several weeks. "We helped 3,500 families," said Bishop Perera. "As the first step, victims were given food and dry rations. Under the second step, victims were given non-food materials. Later educational items such as school uniforms, shoes and cleaning equipment were distributed." The 70-year-old bishop said dry rations costing 8,000 rupees, about US$53, were also handed out. The church is also building 16 houses for 16 families which are due to be completed soon, and assisting in the clearing of water canals and damaged small tea holdings. Small financial assistance of 1,000 rupees a day is also being offered to some farmers. Ratnapura Diocese covers an area of 4,948 square kilometers and has a Catholic population of 21,855 out of all 1.8 million residents. Father Sriyan said since the May floods, there had been 36 minor and major land slides in the diocese resulting in more deaths and displacements. The Caritas director said the bishop had offered support to all victims irrespective of their background. "He does not care for the cast, race or religion of the people who come to him," said Father Sriyan.

A Statement by the Asian Human Rights Commission SRI LANKA: Lawyers, prosecutors and judges should face the mirror.Published on 25.08.2017.

A Statement by the Asian Human Rights Commission SRI LANKA: Lawyers, prosecutors and judges should face the mirror A Press Release issued by the Bar Association of Sri Lanka has threatened contempt of Court action being taken against a deputy minister who has made some serious criticisms against the Courts and the legal profession. While it is not our intention to defend the deputy minister, we are perturbed by such threats against anyone who is publicly airing criticisms - against any real or perceived problems relating to the judiciary and the legal profession - as the damage done by the curtailment of such criticisms will far exceed any damage that may be done by such criticisms. It is prudent and wise to recall the words of Lord Denning, on the issue of the use of contempt of court for the defence of judiciary; “…(This) is a jurisdiction which undoubtedly belongs to us but which we will most sparingly exercise: more particularly as we ourselves have an interest in the matter. Let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism not do we resent it. For there is something far more important at stake. It is no less than the freedom of speech itself. It is the right of every man, in Parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say we are mistaken and our decisions erroneous, whether they are subject to appeal or not. All we ask is that those who criticise us will remember that, from the nature or our office, we cannot reply to those criticisms. We cannot enter into public controversy, still less political controversy. We must rely on our conduct itself to be its vindication.” Exposed as we are to the winds of criticism, nothing which is said by this person of that, will deter us from doing what we believe is right;…” Lord Denning, Regina vs Commissioner of Police of the Metropolis ex. parte Blackburn,2 W.L.R. 1204 What is even more disturbing about the statement of the Bar Association is the following statement. “… The Bar Association of Sri Lanka notes with concern the undue and unwarranted attacks on the law enforcement authorities, the Attorney General’s Department and now the judiciary….” What are these undue and unwarranted attacks? An association like the Bar Association should specify what it considers as the undue and unwarranted attacks on the law enforcement authorities, and the Attorney General’s Department. May we ask, as to whether is it undue and unwarranted to state that the law enforcement authorities, namely the police have failed in their primary function of enforcement of the law in Sri Lanka? Is it an unwarranted criticism that as the prosecutor against crime the Attorney General has failed to impartially and competently to prosecute all the crimes that are taking place in Sri Lanka? Is it an undue and unwarranted criticism to say that the entire system of administration of justice is beset with undue and unwarranted delays and such delays have threatened the very prevalence of the rule of law in Sri Lanka? None of these criticisms are new. One could refer to the most recent statement of the UN Special Rapporteur for the Independence of judges and lawyers, to see a litany of a long list of the most fundamental defects of the system of administration of justice in Sri Lanka. One could also go through some of the previous statements of the Bar Association itself, which was honest enough to admit the fundamental problems existing within the system of administration of justice in Sri Lanka. There are also nearly twenty (20) Communications to the United Nations Human Rights Committee (UNHRC), where the Committee has expressed its views stating large number of violations of civil and political rights committed by the Government of Sri Lanka on matters such as failures to investigate serious crimes such as murder, the Attorney General interfering to stop inquiries into murder by issuing letters to the inquiring Magistrates not to proceed with such inquiries, abuse of contempt of court proceedings violating the international norms relating to such matters, undue delay in conduct of trials, dismissal of judges without following the due process, and numerous instances where torture victims were denied redress. In the latest view expressed by the UNHRC - Amarasignhe Arachchige David Amarasignhe, Communication No. 2209/2012, where a man who was brutally tortured and massacred was denied of a proper inquiry into his death by the intervention of the Attorney General himself. As for our part, the Asian Human Rights Commission in a recently published book titled “Torture as an Entrenched part of Cruel, Inhuman and Degrading Legal Systems” (300 pages), have narrated in detail the manner in which Sri Lanka’s system of administration of justice has fallen into a state, where fundamental flaws have emerged which obstructs the people from obtaining justice. The Bar Association should be aware of the enormous obstacles faced by the lawyers throughout the country in the practice of their profession without fear or favour. It is well aware of the recent attack on a lawyer where he was abducted, severely beaten, threatened to be killed at gunpoint, threatened with sexual abuse, and robbed of his possessions; the lawyer later complained that the Ragama police had deliberately sabotaged the inquiry. The Bar Association itself not long ago, protested when an attempt was made by the Ministry of Justice through a Gazette Notification to limit the access for lawyers to their clients in custody, stipulating that they could have such access only after interrogations are done. The Courts and the lawyers exist only for the purpose of ensuring that the people in the country - irrespective of their status, gender, race and language - could obtain justice. It is only the blind who could deny that the actual realisation of that basic aim is far from a reality in Sri Lanka. When criticisms are made for whatever purpose they may be, the wise course of to follow is to listen carefully and utilise every opportunity to achieve radical reforms that are essential, if the rule of law and the recourse to justice is not to become an illusion for the people who seek such justice. The legal profession is a noble profession to the extent that the lawyers are willing and capable of leading the fight for justice. If we lose a fighting Bar, we virtually lose the battle for justice. It is far better to look in the mirror and recognise whatever that is ugly that may have begun to emerge in ones’ own appearance. Such honesty and frankness does no harm. However, to hypocritically evade criticism, is to let down the legal profession, the independence of the judiciary and the freedom for the people to live without fear and suspicion.

WORLD: A New Book - Torture: as an entrenched part of Cruel, Inhuman & Degrading Legal Systems

WORLD: A New Book - Torture: as an entrenched part of Cruel, Inhuman & Degrading Legal Systems Hong Kong, 30 June 2017 A Study on the use of torture as a routine part of criminal investigations in developing countries; lessons from the situation in Sri Lanka Basil Fernando. The Asian Human Rights Commission is happy to present its latest publication which is now available in print and as an e-book. The book is based on over 20 years of work attempting to expose glaring flaws of criminal justice systems in particular and the overall legal systems in general of the developing countries which prevents people living in these countries from actual achievement and enjoyment of basic human rights. This is done by way of selected study on the widespread use of torture and ill-treatment in these countries, which is a direct result of the defects that exists in the systems of justice. The flaws in the policing systems, prosecution systems and judicial systems which instead of protecting the rights of people, in factbecomes an obstacle to their achievement – is being analyzed in detail in this book. Detailed studies on the defects of Sri Lanka’s justice systems are used in this book as illustrations of common problems that exist in almost all developing countries. The book uses details of actual stories documented over a long period to illustrate various questions and issues highlighted in the book. Then a detailed analysis is made of these narratives to explain the root causes for the prevalence of such extremely defective systems and the unwillingness of the Governments to improve or to reform these systems. In one instance, the story of a young man who made a complaint against a few police officers of a particular police station, regarding illegal arrest and torture is used as an illustration. The result of the complaint was that he, his mother and his father were made to disappear as a way to erase all evidence against the police officers who allegedly violated his rights. Nearly 30 years have passed since this incident which is well-known, but the state has made no attempt at all to investigate this heinous crime. This illustrates that despite of widespread knowledge about very serious crimes, the Governments can ignore them as matters of no consequence. When serious crimes become matters of no consequence, it is an indication that no amount of legislation would be of ant use if the state neglects the enforcement of such laws. When law itself becomes irrelevant, can human rights be regarded as relevant and important in these societies - is the question that the book poses, quite poignantly. The Book consists of four parts; first part deals with the impact of a bad system of justice on judges, lawyers, law enforcement officers, civil servants and all citizens in the country, who all suffer by way of a deterioration of their intellect and capacity for rational living; second part deals with the consequence of introducing what was called “constitutional autochthony”, which in Sri Lanka meant displacement of separation of powers and other basic tenants of liberal democracy; the third part deals with the manner in which the deterioration of the Legal System affected the entire political system; the last part gives graphic details of how the crisis of justice system is manifesting itself in contemporary Sri Lanka. The aim that the book is pursuing is well summarized is its dedication. This book is dedicated to the hope that a better understanding may emerge of the wWrongs that people who live in countries with broken justice systems suffer, giving rise to a heightened level of concern and a drive to undo such wrongs through local and international strategies and actions, all to create environments where the life and liberties of people are protected. The foreword to the book has been written by Dr. Sunil Coorey, Senior Counsel and author of the monumental work, Principles of Administrative Law in Sri Lanka, who writes that the “biggest obstacle to the eradication of the practice of torture by the Police is the apathy with which the State machinery as a whole and those in the higher strata of society (including judges, lawyers and the comparatively well to do), look upon it”. Copies of the book can be obtained from the Asian Human Rights Commission based in Hong Kong and will soon be available in book shops as well as an e-book.