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What is the cost of crime control and torture prevention in Sri Lanka?
(A Statement by the Asian Human Rights Commission September 8, 2004 - AS-34-2004)
In a statement of September 6, the Asian Human Rights Commission (AHRC) has asked, "What can be done when there are not enough criminal investigators in Sri Lanka?" A concomitant question is as follows; what is the cost of crime control and torture prevention? Crime control and torture prevention efforts require not rhetoric but investment. The political leadership should not be raising a hysterical outcry in regard to the increase of crime and lack of discipline among law enforcement officers, but should provide the necessary funds to correct the situation.
To do this, politicians must be able to calculate the actual costs of preventive strategies and approve the necessary expenditures. The money should already be available in the national treasury. However, if it is not available, the politicians themselves must take responsibility for finding the funds and not use the excuse of insufficient resources to justify inaction.
The first item for which costs need to be calculated is the recruitment of qualified criminal investigators. The lack of sufficient qualified investigators has been commonly identified as the reason for the failure to detect crimes and arrest perpetrators. It has also been identified as the reason why unqualified officers engage in torture, mostly of innocent citizens. Such torture serves no useful purpose but these officers do not know any other way to investigate crimes. Qualified officers require quality education and reasonable salaries. In a small country like Sri Lanka this is an affordable goal, which may be readily calculated by the responsible persons in the relevant ministries, such as the Ministry of Defense and the Ministry of Justice, if instructed to do so.
The second item for which costs need to be calculated is the improvement of forensic services. The facilities required in this respect could be readily identified by concerned professionals and even by most laypersons. This again, is affordable. However, to make such services available requires effective costing. This involves identifying the materials and training needed for quality forensic investigations and assessment of existing inefficiencies, which may include a lack of qualified personnel and disciplined management. Until calculations are made on the money needed, there can be no discussion on how to raise it. It is necessary to make a decisive beginning. This again is a job for advisors to the government particularly in the Ministry of Defense and the Ministry of Justice.
The third item for which costs need to be calculated is the improvement of police disciplinary procedures. Under the 17th Amendment to the Constitution, the National Police Commission (NPC) has primary responsibility for police discipline, while some departmental matters lie with the Inspector General of Police (IGP). Forty percent of public complaints about police received by the NPC so far have related to inaction regarding complaints already made. About fifteen percent have related to torture, while other complaints are about corruption. To address police discipline the NPC must identify problems, adopt rules and procedures, and establish the necessary inquiring bodies. Although the NPC claims to have begun this work, a proper plan with detailed costing is needed in order to approach the government for the necessary funding and obtain public support towards that end.
These are but a few answers to the question of what crime control and torture prevention requires. In each case clear budgetary allocations are needed. It is the government's duty to allocate funds and the opposition's duty to see that the government carries through on its commitments. Until this is done, the discussions by politicians on the increase of crime and widespread use of torture amount to mere politicking, doing nothing to alleviate the acute problems faced by the ordinary folk throughout the country.
A Letter to the Director General, Fiscal Policy Department from the AHRC
8th September 2004
The Director General
Fiscal Policy Department
Ministry of Finance
Colombo 1
Sri Lanka.
Dear Sir,
Re: Your Invitation for Suggestions to be Included in this Year's Budget; Specific Topic: Transforming State Run Institutions into Efficient and Productive Support Centres -- Crime Control and Torture Prevention.
As you are aware the government has been constantly talking about the enormous increase of crime in the country. At the international forums the government has also committed itself to the elimination of torture at all police stations, which, it has been admitted, is one of the major impediments to having an efficient law enforcement agency. Both these aims declared by the government to be part of its agenda, would not be addressed at all if no budgetary allocations were made for the purpose.
On this issue, many human rights organizations in Sri Lanka with which the Asian Human Rights Commission (AHRC) is linked, has engaged in public agitation for a long time. I am attaching herewith some statements made by the AHRC on this specific issue. In these statements, we have specifically mentioned the areas in which monetary allocations need to be made if the crime control and torture prevention is to be seen as a practical policy that the government is pursuing. We have addressed the issue of recruitment of better-qualified criminal investigators, the lack of whom has been regarded as the major cause of the failure of crime prevention in Sri Lanka. We have also addressed the need of budgetary allocation for the creation of modern forensic facilities in Sri Lanka as everyone regards the existing facilities as being most primitive and inefficient. On the basis on the absence of such facilities the argument is made that the government is contributing to the increase of crime by their inaction. This inaction consists of not A Letter to the Director General, Fiscal Policy Department from the AHRC making the necessary policy decisions and allocating funds for the improvement of these facilities.
The Honorable Attorney General of Sri Lanka in a speech made in December of last year which was published in The Island on 5th December 2003, pointed out that delays in the administration of justice are a major cause for the inability to deal with law and order issues effectively. He particularly mentioned the need for more staff for his own department if the huge backlog of cases were to be dealt with. In two recent judgements made in July 2004 the United Nations Human Rights Committee condemned the delays in adjudication and appeals and declared them to be a violation of Article 2 of the International Covenant on Civil and Political Rights (ICCPR) which the Sri Lankan government has ratified. On the basis of the protocol the Human Rights Committee ordered compensation in these cases to be paid by the government. Under these circumstances, the allocation of funds for the better administration of justice is quite an essential matter. The Attorney General in the said speech particularly mentioned the necessity for funds for the purpose of witness protection. In all developed democracies, strong allocations are made for witness protection as a means of keeping law and order.
The National Police Commission has also pointed to the lack of resources to discharge their duties particularly to establish the Public Complaints Procedure as required by Article 155 (g)(2) of the Constitution of Sri Lanka as amended by the 17th Amendment.
On several of these matters we have issued statements earlier and I am attaching copies of some for your reference in looking into matter of making allocations in the budget for these items.
Thank you.
Yours sincerely,
(signed)
Basil Fernando
Executive Director.
A Statement by the Asian Human Rights Commission
AS-33-2004
What can be done when there are not enough criminal investigators in Sri Lanka?
The lack of qualified criminal investigators hampers the criminal investigations in Sri Lanka, C.R. de Silva, the Solicitor General of Sri Lanka was quoted as saying in an interview with the BBC Sinhala Service Sandeshaya on Sunday, 5 September 2004. What the Solicitor General said on this occasion is what all spokesmen for government agencies, including the police service, have been saying so often and for so long. That the police department lacks sufficient qualified criminal investigators is a matter on which there is complete consensus by officials and political leaders as well as the public.
The more important question therefore is what is subsequently to be done? This is a question however, that no one seems to ask. There is thus only the statement of a problem without the corresponding attempt to analyze it or look for solutions.
The simple answer to the question is that there should be an increase of qualified criminal investigators. There is no other viable solution.
The question would then arise as to how to increase the number of qualified investigators. Either better ones among the qualified should be given additional training or more qualified ones must be recruited. Perhaps both ideas might be considered. It stands to reason that if there are good enough persons who qualify for higher training, such persons should be offered this training. If there are not enough personnel, then people can be recruited from outside and given a higher degree of training.
The next question would be as to what entity has the duty to make that decision? It is the government that has to make the decision to take the necessary action to obtain more qualified investigators. Until the government makes a decision on this matter and makes adequate resources available, nothing will result excepting the constant lamentation that Sri Lanka does not have a sufficient number of qualified criminal investi- AS-33-2004 A Statement by the Asian Human Rights Commission What can be done when there are not enough criminal investigators in Sri Lanka? gators. Every time that there is a report of crime increase and every time there are reports of torture used at police stations, there will be a repetition of the phrase 'we do not have a sufficient number of qualified investigators.' The only way out is for the government to make a decision to solve the problem and to allocate resources for this purpose.
It can be said that Sri Lanka does not have a sufficient number of qualified criminal investigators only because the government has not decided to have them. Consequently, the increase of crime and the widespread use of torture are both products of the government??s inaction. In fact, there is no escape from this logic; it is the government??s inaction that is responsible for the increase of crime and the use of torture in police stations. It is the inaction of the government that deprives the Sri Lankan police force of the qualified criminal investigators that it needs to carry out its basic obligations to society.
The question then is who can move the government from this state of inaction? To begin with, the strongest and most compelling force in this regard is public opinion. If the media and civil society organizations demand more qualified criminal investigators, the government cannot maintain such inaction for long. It is here that public opinion has failed. Public opinion in Sri Lanka has not gone beyond decrying the increase of crime and the failure of the police to properly investigate crimes. It has not made the necessary connection between the failure of the government to take the necessary decision to improve the quality of criminal investigators in the country and the increase of crime and police torture. If public opinion lays the responsibility for the increase of crime and the endemic use of torture at police stations to where it belongs, that is to say, at the very feet of the government, soon some decisions may take place to move from mere lamentation and rhetoric to finding some real solutions affecting everyone in the country.
A Statement by the Asian Human Rights Commission Jaffna Police assault Human Rights Commission staff and UN Volunteer
AS-36-2004 - September 28, 2004
A Statement by the Asian Human Rights Commission
The Officer-in-Charge of the Jaffna office of the Human Rights Commission (HRC) of Sri Lanka and a UN volunteer were assaulted yesterday, September 27, 2004, as they were engaged in inquiring about a complaint of torture at the Jaffna Police Station. In an interview to the Sinhala Service of the BBC, Sandeshaya, the HRC officer explained the incident in detail, saying that he sent an officer to investigate into a person being tortured at the Jaffina police station. The officer soon telephoned the Officer-in-Charge of the HRC stating that he was at the police station premises and could hear a man shouting "ammo", indicating someone shouting in pain. The Officer-in-Charge of the HRC immediately informed the Assistant Superintendent of Police (ASP) and obtained permission to go to the police station. The ASP also told a police officer to accompany the HRC Officer-in-Charge and a UN volunteer to the police station.
When the HRC officer and UN volunteer appeared at the police station, there were about 35 police officers gathered there. These officers started jeering and making abusive statements to them. The HRC officer explained that they were just there to do their duty, when he was pushed and hit on the head. He is able to identify the officer who hit him, as he visits the police station often. Then, he and the UN volunteer were both pushed out of the police station. At the same time, the torture victim who was shouting in pain was taken out of the police station and put inside a police vehicle. The HRC officer said he saw someone sitting on the torture victim in side the vehicle. At HRC point, the ASP appeared and the HRC officer showed him the torture victim being taken away. He also told the ASP of his assault, and said he could identify the officers who did this to him. The ASP then called all the police officers to come for identification purposes, but only about nine officers out of the 35 came. The police officer who hit him was not one of the nine. While stating to the BBC that it was the duty of the HRC to inspect police stations and to investigate illegal detention and torture, the HRC officer questioned how the public would be treated by the police when HRC officers were able to be treated in this way.
This is the second incident in less than three months in which HRC officers have been obstructed or assaulted when attempting to inspect police stations. An earlier incident was reported from the Payagala police station.
The Asian Human Rights Commission (AHRC) understands that the HRC has already complained about this matter to the Inspector General of Police (IGP).
The AHRC calls upon the Sri Lankan government to thoroughly investigate this matter and take serious action against the officers concerned. The conduct of the ASP should also be investigated. As the obstruction of public officers who are carrying out their duties is a criminal offence, the culprits must be investigated and charged. AHRC calls upon the IGP and the National Police Commission to also investigate and take speedy action on this matter.
AHRC express its support to the officers who were subjected to this indignity and calls upon the HRC to take all necessary steps to bring the culprits to justice. In doing so, any form of compromise will be self-defeating. AHRC also call upon the human rights community in Sri Lanka and outside to intervene in this matter.
Update: It was reported on 12 October that an identification parade was held at the Magistrate’s court of Jaffna at which two human rights officers. The officers has been identified two of the police officers who assaulted them harassed and assaulted by the police when they went to for an inspection of the torture of a detainee. About 44 police officers took part in the identification parade but two others did not participate on the grounds that they were not well. The Magistrate ordered a second identification parade at which the absent officers and all other police officers were required to attend.
The court ordered that bail be granted the two identified police officers, stipulating that a senior officer must sign as a guarantee. They were also ordered not to leave the Jaffna area without the permission of the court.
The attack on the human rights officers has shocked the human rights community in Sri Lanka and abroad. This is the second occasion during the last few months that human rights officers have been treated in this way. An earlier incident was at Piyagala Police Station. The case at Jaffna was the first occasion in which proceedings have been filed at a Magistrate’s court. The new Inspector General of Police has stated publicly that he will take action on the basis of proper inquiries. (Janasammataya-15 October)
Sri Lanka's Bar told to defend profession by backing rule of law
PRESS RELEASE AHRC-PL-74-2004
(Hong Kong, September 24, 2004) Sri Lanka's Bar Association should defend the independence and credibility of its profession by taking an active part in maintaining the rule of law and curbing the growing crime problem, the Asian Human Rights Commission (AHRC) said.
In a letter to Ikram Mohamad, the president of the Bar Association, the AHRC expressed dissatisfaction that legal professional bodies in the country did not pay enough attention to the failings of state law enforcement agencies.
The Bar Association has to speak out against these unprofessional and unscrupulous practices of law enforcement to protect the rights of innocent people as well as of lawyers, the Hong Kong-based regional human rights group said.
We are aware of enormous dissatisfaction that many lawyers from around Sri Lanka are expressing about the strong impediments that they have encounted while practising their profession in an independent and fearless manner," said Kim Soo A, urgent appeals programme coordinator of the Hong Kong-based regional human rights group.
We urge your organisation to take up these matters in a credible way so that the others will find courage to get more involved in such matters and to build strong public support for the elimination of crime," Kim said in the letter to Mohamad.
The Bar Association was asked to back measures to improve the efficiency of law enforcement agencies, which include setting up more basic forensic facilities, hiring more qualified criminal investigators and tightening disciplinary control of the police.
The AHRC said it was "rather strange" that professional bodies and courts did not notice the fact that more than 40,000 fingerprints remained unchecked over the past 10 years due to a lack of computers.
"Often this failing results in innocent persons being substituted for actual criminals whom such (law enforcement) officers cannot identify. The studies of hundreds of innocent torture victims demonstrate this fact," the rights group said.
"Your expression of concern and further pursuit of the matter in other ways can make a significant contribution to the reduction of crime in the country," Mohamad was told in the letter.
"The Bar Association should also voice its concern over the lack of qualified criminal investigators in the country to ensure the people!|s right to a fair trial," the AHRC said.
To uphold its professionalism and dignity, the national lawyers' group was urged to stand up for the rights of lawyers, who often face threats and attacks for doing their job, and to find out the truth behind the alleged killings of some 20 lawyers over recent years.
The complaint in most magistrates' courts, where the basic issues of crime is dealt with daily, is that there are very unscrupulous practices employed by some police officers to manipulate and block the right of representation by the clients," the AHRC said, citing the Wattala branch of the Bar Association's account of police interference against lawyers' professional rights recently.
It requires a concerted effort on the part of a professional body that represents the country's lawyers to intervene to assert the rights of lawyers in such circumstances," the rights group noted.
A letter to the Permanent Representative, Geneva from the AHRC
6th October 2004
Mrs. Sarala Fernando
Ambassador/Permanent Representative
Permanent Mission of the Democratic Socialist
Republic of Sri Lanka to the United Nations Office, Geneva
56 Rue de Modlebeau
1209 Geneva 19
Switzerland.
Fax: (022) 734 90 84
Dear Mrs. Fernando,
A letter with your name and that of a second secretary signed only by the second secretary sent to an organisation in Germany dated 28th August 2004 was brought to our notice yesterday. We have sent a reply to your letter to the said organisation with a copy to you. As all the allegations you made against the AHRC/ALRC were answered in that letter, I will not repeat them here but will send you one more copy of that letter for your ease of reference.
However, I wish to protest both as a Sri Lankan citizen and as the executive director of both organisations that you have accused us without reason. As a Sri Lankan, I am appalled by the quality of your diplomacy. Blatant lying is not diplomacy but simply just lying. Unless you do not have reading ability or understanding ability, you would not have written what you have about our position on the Human Rights Commission of Sri Lanka. You have shamelessly used the name of Dr. Radhika Coomaraswamy to support your position. The letter entitled "The Inadequacies of the Torture Prevention Policy Adopted by the Human Rights Commission" was a document initially sent to Dr. Radhika Coomaraswamy which she received quite well because Dr Coomaraswamy does have the reading capability and the intellectual background to understand the finer points of a debate.
Blatant lying is bad diplomacy anywhere but particularly when it comes to the western world where there is respect for the truth and honour is attached to the statements people make. In this age of quick communication, this type of blatant lying is even worse diplomacy as people can check and verify matters. And when it is found that a country representative is blatantly lying, people lose respect for the country itself.
What do you think that this debate is about? Any average citizen in the country knows that, particularly during the last three decades, due to the abuse of power in using the police for large scale extra judicial killings, enormous damage was done to this institution. If you do have any reading ability, you could not have missed so many of the reports that are available on the A letter to the Permanent Representative, Geneva from the AHRC issue. The entire 17th Amendment Debate was on the ways to erase the damage that has been done to the basic institutions in the country by the politicization of these institutions. As for the government that is in power now, decrying the effect of the period of terror 'beehsanaya' was perhaps the core of the political message on which votes were sought. Are you denying the impact of 'beehsanaya'?
In times of grave crisis, great diplomats have helped their countries by trying to make the countries?? leaders understand the needs of enlightened policies. And to engage in blatant denial is not the way to achieve progress. Such good diplomats tell the truth about their country to the rest of the world and seek the support of the enlightened elements of the international community to find solutions to the particular problems faced in their countries. It is only the extremely repressive regimes that would expect their diplomats to be blatant liars denying even the obvious wrongs. Such is not the situation of Sri Lanka at the moment and your policy of complete denial does not help anyone.
We want to assure you that we will continue to struggle for the improvement of the human rights situation of the country and will our utmost to help all citizens who face human rights violations. For that purpose while we work intensely in Sri Lanka, we will also work intensely in the international community. If a person in your position had the political capacity to understand the complimentary nature of our work, we would have worked together for the betterment of Sri Lanka.
However, your inclination is to engage in false propaganda which does not help but instead will only harm the country. The triviality with which you treat the problems of Sri Lanka and create rather amusing falsifications remind me of the Sri Lankan saying 'Like trying to light a cigar when the moustache is burning'. Sri Lanka has burning rule of law and human rights problems affecting all aspects of life including the economy. Everyone knows this, except its seems, yourself. It is sad that this is the quality of diplomacy in our country.
Yours sincerely,
(signed)
Basil Fernando
Executive Director
Enc: Copy of the letter sent to ACAT.
cc: Minister of Foreign Affairs - Sri Lanka
Dr. Radhika Coomaraswamy - Chairperson of the Human Rights Commission of Sri Lanka
ACAT, OMCT
Sri Lanka's envoy to U.N. blasted for lying about rights groups
PRESS RELEASE AHRC-PL-77-2004
(Hong Kong, October 6, 2004) Sarala Fernando, Sri Lanka's ambassador to the United Nations in Geneva, was blasted on Wednesday for diverting international attention from the human rights problems in the country by smearing against two Hong Kong-based rights groups.
Fernando was strongly criticised for trying to discredit the Asian Human Rights Commission (AHRC) and its sister group Asian Legal Resource Centre (ALRC) when a German anti-torture organisation, prompted by the Hong Kong groups' urgent appeal, expressed concern to her about a case of alleged child torture in Sri Lanka.
"Should the ambassador and her mission spend more time and effort in helping to improve the human rights situation in Sri Lanka rather than fabricating allegations against our groups, the people there won??t have to face such rights violations," said AHRC executive director Basil Fernando, who is not related to the permanent representative of Sri Lanka to the U.N. Office in Geneva.
"Blatant lying is not diplomacy but simply just lying," he said. The AHRC sent a protest letter to the ambassador on Wednesday about the groundless accusations made against the two rights groups by the Sri Lankan permanent mission to the U.N. in Geneva.
The diplomatic mission accused the AHRC and the ALRC of engaging in "a campaign of vilification against Sri Lanka" in its letter to the Action by Christians for the Abolition of Torture (ACAT) in Germany in late August, a copy of which was only obtained by the AHRC on Tuesday.
The letter, which carried the name of the ambassador but was signed by a second secretary, did not challenge the information provided by the AHRC concerning two teenagers, who were reportedly assaulted by police officers in Ambalangoda, which the German organisation asked about.
Instead, it attacked the ALRC for trying to propose a study on the exceptional collapse of the rule of law in Sri Lanka at the U.N. Sub-Commission on the Promotion and Protection of Human Rights recently.
The AHRC was also blamed for seeking to "slander" the work of the Human Rights Commission of Sri Lanka by pointing out inadequacies of the torture prevention policy adopted by the commission earlier.
Refuting the allegations, the AHRC noted that every Sri Lankan knows the country faces serious problems in the rule of law and human rights and that it is harmful to the nation by denying the situation.
"What do you think this debate is about? Any average citizen in the country knows that, particularly during the last three decades, due to the abuse of power in using the police for large scale extrajudicial killings, enormous damage was done," said the AHRC in its protest letter to the Sri Lankan envoy to the U.N.
"If you do have any reading ability you could not have missed so many of the reports that are available on the issue," the AHRC said.
"Good diplomats tell the truth about their countries to the rest of the world and seek the support of the enlightened elements of the international community to find solutions to the particular problems faces in their countries," the rights group said.
"It is only the extremely repressive regimes that would expect their diplomats to be blatant liars denying even the obvious wrongs. Such is not the situation of Sri Lanka at the moment and your policy of complete denial does not help anyone," the letter noted.
AHRC head Basil Fernando questioned whether the ambassador had been staying in Geneva for so long that she was out of touch or she simply chose to turn a blind eye to the rights violations suffered by her fellow Sri Lankans.
The two rights groups vowed to continue their fight for the improvement of the human rights situation of Sri Lanka and work closely with the authorities in the country as well as other organisations and the international community.
For more information, please visit <http://www.srilanka.ahrchk.net>.
Letter to Gerta Klotz, Vice President of ACAT-Germany from the AHRC
5 October 2004
Gerta Klotz
Vice President of ACAT-Germany
Postfach 1114
D-59331 Ludinghausen
GERMANY
Fax: 49-2591 70527
Dear Ms. Klotz
Re: Your two letters to the OMCT with regards to appeal LKA160804.CC dated 08-9-2004 and 18-9-2004
Unfortunately, the two above-mentioned letters were referred to us only today by the OMCT. Had we earlier seen your letters and the attached letter from the Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations Office, Geneva, dated 28 August 2004, we would have replied to you immediately and much misunderstanding could have been avoided.
Regarding the specific case referred to in the said letters, after the Asian Human Rights Commission (AHRC) issued its Urgent Appeal dated 13 August 2004 (UA-100-2004), which was picked up by the OMCT, and also after direct interventions before the Sri Lankan authorities, the present situation is as follows. The Child Protection Authority (CPA) in Sri Lanka has inquired into the case; no other authorities have acted as yet. A private lawyer, Shan Senanayake, has filed a case in the Supreme Court of Sri Lanka on behalf of the two children concerned.
More generally, a large network of people residing in Sri Lanka researches all cases taken up by the AHRC. Up to date, the factual basis of the information we have provided in our urgent appeals has not been challenged. We are quite aware that if there had been any factual errors in our urgent appeals, such errors would have been exposed by those who want to discredit our work. The fact that there have been no such exposures is a compliment to our work. As you can see, even in the letter addressed to you by the Sri Lankan Mission, no attempt has been made to point out to any of the errors in this particular case or any other cases. The grounds upon which the attacks have been made are generalised and spurious. I will now address these in detail.
The reference to slander of the Human Rights Commission (HRC) of Sri Lanka is an absolute falsification. We are enclosing herewith (in our posted communication) an article entitled, "The Inadequacies of the Torture Prevention Policy Adopted by the Human Rights Commission of Sri Lanka" which can also be found at http://www.southasiahr.net/mainfile.php/v1n1/156/ . This ap- Letter to Gerta Klotz, Vice President of ACAT-Germany from the AHRC pears to be the document that the Mission has alluded to in its letter to you. This document was submitted to the HRC of Sri Lanka with a view to offering constructive criticism for improvement. The document is self-explanatory and speaks to how the Mission has attempted in its letter to distort our true intent and purpose. The chairperson of the HRC of Sri Lanka, Ms Radhika Cumarawamy, has written to the AHRC regarding this document, thanking the AHRC for sending it and promising to implement the recommendations it has made.
The AHRC has also consistently defended the HRC of Sri Lanka, particularly when officers of the Sri Lankan police force have physically assaulted its officers visiting police stations to investigate complaints. By way of the most recent example, kindly see the enclosed AHRC Statement entitled "Jaffna Police assault Human Rights Commission staff and UN Volunteer," which may also be found at: http://www.ahrchk.net/statements/mainfile.php/2003statement/207.
The Mission's letter also states that the AHRC is engaged in a "vilification campaign" against Sri Lanka. "Vilification" may be the way that perpetrators of human rights violations see criticisms of their actions. We have nothing to apologize for attempts to assist victims of human rights violations by reporting them to the international community. It is in fact at the heart of our human rights mission that we refuse to compromise with any perpetrator of human rights violations. Perhaps the author of the letter is unaware that we also work very closely with a number of Sri Lankan authorities dealing with the administration of justice.
A staff member of the AHRC recently paid an official visit to the Attorney General (AG), Inspector General of Police (IGP) and several other senior authorities, with a view to improving our understanding and cooperation. The Draft Public Complaints Procedure under the Article 155(G) of the Sri Lankan Constitution was drafted by the AHRC and was accepted by the National Police Commission (NPC) of Sri Lanka, and an acknowledgement of the AHRC's contribution was made in the official report by the NPC. We have also defended the NPC against attack by some politicians who want to reduce its powers to enable them to continue manipulating the police for their own purposes.
As for the reference to the submission made by the Asian Legal Resource Centre (ALRC), the sister organisation of the AHRC, to the UN Sub-Commission on the Promotion and Protection of Human Rights, the Mission's letter has deliberately omitted the title of the said proposal: "To conduct a study regarding the exceptional collapse of rule of law in Sri Lanka and thus to make recommendations to the Commission on Human Rights as per the mandate of the Sub-Commission" (UN Doc. Ref. E/CN.4/Sub.2/ 2004/3).
The title speaks to the fact that the purpose of the proposal was neither to vilify nor condemn the state party of Sri Lanka, but rather to raise questions concerning the role of the Sub-Commission to assist in situations where countries face extremely difficult human rights problems. This proposal has been published as a document of the Economic and Social Council of the United Nations under the Fifty-sixth Session of the Sub-Commission on the Promotion and Protection of Human Rights (7 June 2004). The Sub-Commission did not adopt this proposal for a study solely on the ground that it was not within the mandate of the Sub-Commission to undertake a country-specific study. However, that position of the Sub-Commission has now itself become a matter for debate. This 51-page document had 514 pages of annexes, which indicate the extent of work and thought that went into its submission. It can be accessed through the following link: http://www.alrc.net/doc/mainfile.php/sub-com/256/.
As for two selected quotes from reports by Amnesty International (AI) and the US State Department, once again the mind of a falsifier, selectively choosing arguments to suit their own purposes, has been revealed. The AHRC has already pointed out to AI that its report in particular was incorrect, and that it would be used by the perpetrators of human rights violations in Sri Lanka for their own propaganda ends. The public statement on that report, entitled "Amnesty Sri Lanka report incorrect and counterproductive" can be found at: http://www.ahrchk.net/statements/mainfile.php/2004statement/165/.
The selective approach taken by the letter's author ignores the huge quantities of far more serious work done on the situation of human rights in the country by numerous UN mechanisms, including the prominent UN Human Rights Committee. In the Concluding Observations of the Human Rights Committee to the situation of human rights in Sri Lanka given in 2003, the state party was brought under a special procedure requiring that it report back on 4 specific matters within a reduced timeframe. We particularly refer to the following observation of the Human Rights Committee:
"[P]ersistent reports of torture and cruel, inhuman or degrading treatment or punishment of detainees by law enforcement officials and members of the armed forces, and that the restrictive definition of torture in the 1994 Convention against Torture Act continues to raise problems in the light of article 7 of the Covenant. It regrets that the majority of prosecutions initiated against police officers or members of the armed forces on charges of abduction and unlawful confinement, as well as on charges of torture, have been inconclusive due to lack of satisfactory evidence and unavailability of witnesses, despite a number of acknowledged instances of abduction and/or unlawful confinement and/or torture, and only very few police or army officers have been found guilty and punished". [UN Doc. CCPR/ CO/79/LKA (Concluding Observations/Comments) dated 01/ 12/2003]
We are well aware that the Sri Lankan Mission in Geneva has been very irritated by the interventions of the AHRC regarding human rights violations in Sri Lanka. Denial remains the modus operandi of this Sri Lankan Mission. While it writes this kind of letter secretly to overseas organisations, it cannot openly write things of this sort for a Sri Lankan audience or anyone with intimate knowledge about the human rights situation of Sri Lanka. The Sri Lankan authorities have admitted there is a grave crisis of the rule of law and administration of justice due to the conflicts in the South and North of the country over the last 30 years. This is commonly accepted across all political strata within the country. The Supreme Court, the AG, senior police officers, the NPC and the HRC of Sri Lanka have all commented on the endemic torture in the country. The published material on this issue is abundant. The AHRC's material is itself, constantly published in the Sri Lankan media.
Thus, this type of pathetic endeavour is all part of a style of flawed diplomacy whereupon those involved are unable or unwilling to develop a proper strategy to enhance the country's image by facing up to its problems. The AHRC is aware of the two persons whose names are at the bottom of the letter from the Mission. We feel nothing other than pity for them, as their diplomatic ability seems to be confined to utterly shameless falsifications.
The AHRC and ALRC are well-reputed organisations of high standing both in Sri Lanka and also outside. In Germany too, where your organisation is based, we have very close friends who have known our organisation for a long time. Just before receiving your letter, we entertained a very high-level delegation from your country at our office, which expressed sincere thanks for the valuable discussions had with us.
If you need any more information, please feel free to contact us directly. You may also go to our web sites: www.ahrchk.net and www.alrc.net for further details on our organisations and their work.
Thank you very much.
Yours sincerely,
(signed)
Basil Fernando
Executive Director
AHRC and ALRC
CC. Eric Sottas, OMCT
Letter sent by the Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations Office, Geneva to Gerta Klotz, Vice President of ACAT-Germany
Ref: HR / 10 / 7
28 August 2004
Mr. Gerta Klotz
Vice President of ACAT
Germany
Reference your letter dated 17.08.2004, enclosing the two communications on alleged cases of human rights violations in Sri Lanka. We wish to state that the Government of Sri Lanka, following due investigations will take steps to investigate the said allegations and in the event of substantial evidence will prosecute the alleged perpetrators.
The Government of Sri Lanka has outlawed the practice of torture, pursuant to accession in 1994 to the UN Convention Against Torture, Cruel, Inhuman and Degrading Treatment or Punishment Any perpetrators of torture in Sri Lanka are being dealt with under the legislative provisions that have given effect to the Convention Against Torture. The Government of Sri Lanka as a matter of policy, cooperates with all relevant UN Human Rights mechanisms Including the Committee Against Torture and the Special Rapporteur on Torture, Moreover, in August 2000, a special team from the UN Committee Against Torture visited Sri Lanka to conduct a study under Article 20 of the Convention Against Torture, Cruel, inhuman or Degrading Treatment or Punishment and concluded that there was no systematic torture in Sri Lanka.
However, we are wondering if you were provided this information by an NGO Asian Legal Resource Centre or its sister organization Asian Human Commission which cannot be considered "independent" in any respect. This question is raised since it is evident to us that the ALRC/AHRC has for sometime, been engaged in a campaign of vilification against Sri Lanka.
At this year's Sub-Commission on the Promotion and Protection of Human Rights, the ALRC made a submission to have a country study on Sri Lanka which the Sub-Commission re- Letter sent by the Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations Office, Geneva to Gerta Klotz, Vice President of ACAT-Germany fused unanimously to consider. During the general debate, one Sub-Commission member (from UK) in fact began 'by noting some positive developments. Since the ceasefire in Sri Lanka, there have been no new cases of disappearances and the situation with regard to certain other human rights violations has improved'.
The ALRC has also sought to slander the work of the Human Rights Commission of Sri Lanka, which is currently headed by Ms. Radhika Coomaraswamy, former UN Special Rapporteur on Violence Against Women. This institution, established in 1996, has played a constructive role in the promotion and protection of human rights in the country and further action is being taken to strengthen its capacity and performance. It is incomprehensible that the ALRC not only vilifies the Human Rights Commission but is even criticising the "zero tolerance policy on torture recently adopted by the Human Rights Commission of Sri Lanka.
ALRC appears unaware of recent positive developments in Sri Lanka. In fact Amnesty International report on Sri Lanka for the year 2003 begins with the following sentence:
'The cease-fire and peace talks between the government and the Liberation Tigers of Tamil Eelam (LTTE) continued to contribute to an improved human rights situation, despite the LTTE suspending negotiations in April.'
The US State Department Report on Human Rights for the year 2003 also highlights number of instances of improvement in the human rights situation in Sri Lanka in areas including independence of the judiciary, press freedom, no political killings, lack of allegations against security forces etc.
We thought of sending you this information in order to bring you up to date on the present situation in Sri Lanka. We would welcome further exchanges of views to discuss the recent developments in Sri Lanka.
Human Rights Commission from the AHRC
13 October 2004
Dr. Radhika Coomaraswamy
Chairperson National Human Rights Commission of Sri Lanka
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
Dear Dr. Coomaraswamy,
Re: The Issue of the Kandy Coordinator and the Rights of the People in Kandy for Human Rights Protection
We refer to our correspondence regarding this matter and also refer particularly to a statement made by yourself as the Chairperson of the Human Rights Commission of Sri Lanka (HRC) on August 20 at a consultation held jointly by the Law Society and Trust, the Asian Human Rights Commission (AHRC) and the World Organisation Against Torture (OMCT) at the Pegasus Reef Hotel at Hendala, Sri Lanka.
In your statement, in answer to a question about what action had been taken against Mr. Sumanasekara, the Coordinator of the Human Rights Commission office in Kandy, you stated that a one-member committee of inquiry had held two separate inquiries, one into the case of torture of Chamila Bandara and another into the conduct of the Kandy Coordinator who submitted a report to the HRC stating that Chamila Bandara's allegations were false. This was in turn used by the Sri Lankan delegation to the UN Human Rights Committee in October 2003.
As for the first inquiry, the one-man inquiring committee came to the conclusion that the allegations of Chamila Bandara were true and that the police officers of the Amkumbura Police had in fact violated his rights in relation to Articles 11, 12(1), 13 (1) and 13(2). The proven allegations were of an extremely serious nature both from the point of view of the serious injuries caused by the torture to Chamila Bandara who was a minor at the time and also due to over seven days of detention at the police station. The attempt by the police to falsify the matter by way of tampering with documents, giving false affidavits and the like only made the situation worse.
Regarding the second inquiry also, the Kandy coordinator of the HRC was found guilty and the inquiring officer's view was that this senior officer, who has held a prominent position as the Human Rights Commission from the AHRC chief of the office dealing with the entire Kandy province, was not in fact properly trained to carry out an inquiry. You announced that he would be removed from the Kandy office and would be brought to Colombo for training. Given the gravity of the violations that the Kandy coordinator, a human rights officer, has inflicted on a human rights victim, the proposed punishment was in fact rather mild if not hypocritical.
Earlier serious allegations had also been made against this coordinator, relating to for example, the missing 15 files which were purported to have been sent to the Colombo office of the HRC but had in fact not been sent as was discovered and reported by Mr. Igbal, who was acting as an official inquirer into the manner in which torture inquiries have been carried out by the HRC. In the absence of an explanation from the coordinator of the Kandy office, it is a fair conclusion that these files were in fact destroyed by the coordinator in order to assist the perpetrators of human rights violations. The allegation of close collaboration of the Kandy coordinator with police officers who have allegedly committed human rights violations is a very common one and can easily be verified by the number of successful investigations into complaints of torture and other violations of human rights made by residents of the Kandy province. Examination of statistics will reveal the colossal failure on the part of this office for several years and the responsibility for this failure must be born by the HRC of Sri Lanka.
Despite the announcement you made on August 20, the coordinator of the Kandy office is still the head of the same office. Many observers have reported to us that he is refusing to leave and that many allegations are traded among different human rights officers now who try to blame each other for grave abuses. We are also aware that this particular officer was found to not have even the basic educational qualifications necessary for any responsible public office. The result of this state of affairs is that the people of an entire province are deprived of the protection that the HRC was created to provide. Meanwhile, extremely harsh human rights violations are being reported from the Kandy province. These include the second torture of Saman Priyankara who's life was saved only due to the timely intervention of several human rights activists at whose requests the office of the Deputy Inspector General of Police (DIG, Legal), took quick action. Samantha Priyankara was able to escape with only permanent ear damage due to this intervention.
As you are well aware, the name of Radhika Coomaraswamy has been used by some Sri Lankan officials at international forums. For example, Sri Lanka's Permanent Mission to the UN has utilised this to demonstrate that the human rights of the people are being well taken care of by the HRC of Sri Lanka. Thus, your name is unfortunately being used to justify a facade of internal collaboration by some officers with perpetrators and failure to take effective disciplinary action, which keeps the people trapped in gross human rights abuses. It is even more unfortunate that while some government agencies such as the Attorney General's Department and the National Police Commission in the recent months have made some attempts to end impunity and take some serious action against state officers who violate human rights, the HRC cannot make any such claim.
The beautiful phrase "zero tolerance of torture," remains just words. Unlike the "open sesame" of mythology, these words do not have magical powers. They depend on implementation and implementation depends on implementers. So long as persons such as the Kandy coordinator remain the chief implementers for any province, these beautiful words will only sound comical to the local population who know the actual state of things. All that the Sri Lankan embassies presenting reports to international bodies will have to rely on is your good name. If a human rights officer can claim immunity for gross abuses of people's rights, how will anyone take seriously the HRC's claims to end impunity?
When we made a representation at an earlier stage regarding such impunity, the HRC said that there should be due process and that it needed time. Is all that is happening to his particular case, the type of due process we can expect from the HRC?
Initially, when the new commissioners were appointed, there were expectations that they would make some difference. Concerned people were willing to wait and give them time. Perhaps it is not too early now to ask whether the same type of hypocrisy and callousness regarding peoples' rights will be what people will get, with some additional nice words like zero tolerance of torture.
At the time of writing this, we are perturbed by the rumors coming from well informed sources that this officer is going to be made permanent in his post at Kandy.
We are still hopeful that given your past knowledge about human rights you may stand true to the principles you have a good knowledge of. The people of Sri Lanka, like the people of other countries, have the right to the benefits of such principles.
Thank you.
Yours sincerely,
(signed)
Basil Fernando
Executive Director
Reply From Chairperson-HRC
Human Rights Commission of Sri Lanka
Mr. Basil Fernando,
Executive Director,
Asian Human Rights Commission,
Hong Kong
Dear Mr. Fernando,
Pursuant to the inquiries conducted by Dr. Irwin Jayasuriya on the Chamila Bandara case, we have requested the Kandy Co-ordinator to report to the Colombo office in the 1st of November for a programme of training to be devised by Mr. N Selvakkumaran, Commissioner In Charge of Inquires and Investigations.
With regards to the use of my name by the Sri Lanka government, at no time have I advocated the use of my name to dispel human rights allegations against the Sri Lanka government. I am a firm believer that the Human Rights Commission is an Reply From Chairperson-HRC Human Rights Commission of Sri Lanka independent body setup by the Constitutional Council and must work in partnership with NGOs to prevent human rights abuses. As a result we have always maintained cordial relationship with all NGOs. We listen to their point of view and though we do not agree, (we feel some of the allegations against the HRC are wrong exaggerated and magnified), we respect the right of all NGOs to hold and express those views.
Yours sincerely
(signed)
Radhika Coomaraswamy
Chairperson
HUMAN RIGHTS COMMISSION OF SRI LANKA
Cc. Mrs. Sarala Fernando Permanent Representative Sri Lanka --Geneva
A Statement by the Asian Human Rights Commission
AS-41-2004 - October 21, 2004
Public doubts over judicial process in Sri Lanka
A fatal traffic accident in the jurisdiction of Wellawaya Magistrate's Court, Sri Lanka, has caused a lot of public confusion. It all started with an important question: who caused the accident? Media reports inform us that some family members of the deceased have accused a Senior Superintendent of Police, not the constable who has been charged. When the magistrate hearing the case issued a warrant against the senior officer, however, the latter appealed to the Judicial Service Commission (JSC), which reversed the order and suspended the magistrate on the ground that he committed an error.
Both the recalling of the warrant and suspension of the magistrate are of very serious concern. As the JSC is not an appellate body, under what authority has it overruled the decision of the magistrate? One lawyer was reported in a newspaper as asking as to in what cases in the future litigants will be able to appeal directly to the JSC against orders by magistrates. The ruling appears to be a challenge to the appellate courts, which exist for the purpose of revising and overruling the orders of lower courts. The confusion created by this decision has raised serious doubts requiring a proper explanation.
The magistrate's suspension is itself particularly troubling. Under the common law tradition, which applies in Sri Lanka, judges enjoy immunity for errors of judgement relating to facts or law that they make in good faith. No evidence has so far been brought before the public to suggest an act of bad faith by the magistrate concerned. Therefore, is it now sufficient for a judge to be suspended because of a mistake in law? The issue is serious enough to have warranted a strike by lawyers in the Wellawaya court, and other protest actions. Again, the public has a right to know whether there were any valid grounds for the order to suspend the magistrate. As this order threatens the very concept of judicial independence, there are legitimate reasons for concern.
According to newspaper reports, the Bar Association subsequently wrote to the Chief Justice raising questions about the case. It is said that the president read a letter of reply in a AS-41-2004 - October 21, 2004 A Statement by the Asian Human Rights Commission meeting in which the Chief Justice inferred that any interference in the case could amount to contempt of court. This is now perhaps the most complex problem that the association has had to deal with in its entire history: serious enough for it to appoint a committee of past presidents to inquire into the matter.
Given that the very independence of the legal profession is at stake, the Bar Association Committee could have been expected to meet immediately. However, a week has passed since it was appointed, and as yet it has not been issued the documents required for its sitting: the letters understood to have been exchanged between the association and the Chief Justice, and the relevant court documents. No one except the president of the Bar Association is said to have even seen the letter by the Chief Justice.
The public does not know whether to laugh or cry at such a pathetic situation. The whole farce speaks to the exceptional collapse of the rule of law identified by the Asian Legal Resource Centre, sister organisation of the Asian Human Rights Organisation, in a report on Sri Lanka submitted earlier this year to the UN Sub-Commission for the Promotion and Protection of Human Rights. That document concluded, "Implementation of domestic mechanisms with regard to the protection of human rights within Sri Lanka is now lost in a vacuum of confusion, inefficiency and utter desperation." The series of incidents stemming from the accident in Wellawaya epitomise this observation.
None of the problems that Sri Lanka is today faced with can be resolved without addressing the exceptional collapse of the rule of law. We are reminded of remarks by Kofi Annan, Secretary General of the UN, to the General Assembly in September of this year: "We must start from the principle that no one is above the law and no one should be denied its protection." We call upon all persons concerned about human rights in Sri Lanka to pay serious regard to this observation, and in light of these most recent troubling developments, fight back to assert the rule of law in the country.
AS-42-2004- October 25, 2004
A Statement by the Asian Human Rights Commission
Sri Lanka: Former inquiry officer of the Human Rights Commission speaks out
The manner in which inquiries are conducted by the Human Rights Commission (HRC) of Sri Lanka and particularly about the functioning of the Kandy Area Office including the conduct of the coordinator of that office, Mr. Sumanasekara, have been a source of concern for the Asian Human Rights Commission (AHRC) for quite some time. The revelations made by Mr. Shelton Ranarajah, a former member of the Panel of the Mediation/Conciliation Board of the HRC, shockingly confirms some of the major defects of the Commission's functioning.
While Mr. Ranarajah's allegations relate to the time of the HRC's earlier chairperson, Faiz Mustapha, the question remains whether the new commissioners appointed last year have taken sufficient action to erase the scars of the institution's despicable past. We urge the HRC, an organization created under local and international pressure to improve human rights protection in Sri Lanka, to pay heed to the comments of a former inquirer who has taken the trouble to point out some serious defects in its work.
Mr. Ranarajah, an Attorney-at-Law since 1950, a member of parliament for some years and former deputy minister, retired from politics after 1988 and was appointed as a member of the Panel of the Mediation/Conciliation Board of the HRC in January 2001. In an interview on 22 October 2004, Mr. Ranarajah spoke out against the manner in which his recommendations as an inquirer were completely ignored both by the coordinator of the HRC in Kandy and the HRC in Colombo.
Mr. Ranarajah worked for the Mediation/Conciliation Board for 7 to 8 months, during which time he inquired into more than a hundred complaints, mostly of police assault and torture. Although he was offered money for conducting the inquiries, he did not accept any payment and worked entirely voluntarily, even traveling in his own car. However, he found that the recommendations he was making at the end of the inquiries were not being implemented either at the Kandy Area Office or by the office of HRC in Colombo. When he asked the coordinator at the Kandy Area Office, Mr. Sumarasekara, about his recommendations, this officer kept silent. When Mr. Ranarajah wrote to the Colombo office of the HRC, he also received no reply. In frustration he resigned.
Mr. Ranarajah said that there were some very serious cases. "One case was from Panadura. It was a very serious case in which a boy was taken into police custody and assaulted mercilessly, so much so that AS-42-2004- October 25, 2004 A Statement by the Asian Human Rights Commission he sustained fractures and other serious injuries. I recommended that the Inspector (of Police) pay him compensation. I wrote this in my report but the HRC did nothing to implement my recommendations."
Mr. Ranarajah explained that the work of making inquiries belongs to the HRC and the HRC had delegated that power to the Mediation/Conciliation Board, of which he was a member. There were other members, for example, Professor Arjuna Aluwihara of Peredeniya University and Dr. Aponso. Such persons were delegated with the power to make inquiries; when complaints were made to the Area Office, they were referred to the Panel and it was the Panel that had the duty to conduct inquiries and make recommendations. The coordinator of the Kandy Area Office did not have the power to make inquiries. It was the HRC's duty to ensure that the recommendations were then implemented. If they were not adhered to, the HRC could take the matter up with the Supreme Court of Sri Lanka.
When Mr. Ranarajah was questioned about the case of Chamila Bandara, where the Kandy Area Coordinator not only conducted inquiries but also wrote a false report, he answered that it was the duty of the HRC to take action against such behavior. He further mentioned that he had noticed reluctance on the part of the Kandy Area Coordinator to take up matters against the police. However, Mr. Ranarajah placed the burden of responsibility in such matters on the HRC itself. Furthermore, the HRC's Chairperson at the time, Faiz Mustapha, took part in activities that reveal a conflict of interests: Mr. Mustapha appeared as a private lawyer in human rights violations cases while being at the same time the Chairman of the HRC. "It is the duty of the state to appoint independent minded people to the HRC and not politicians and their stooges. After all, how many human rights violations are committed by politicians?" said Mr. Ranarajah.
Another issue pointed out by Mr. Ranarajah was the reluctance on the part of the HRC to visit complainants, many of whom do not live in Colombo. "It is important for the inquiry officers to visit the complainants and pursue the complaints of human rights violations, not wait for the victims to undertake long journeys to Colombo," he said. After their inquiries and recommendations, if the recommendations are not implemented, the officers should initiate actions before the Supreme Court, to ensure that the victims obtain justice.
[The full text of the interview is available at www.srilankahr.net]
Asian Human Rights Commission - Urgent Appeals Program
14 October 2004
UA-139-2004: Nepal: Massive disappearances / impunity Nepal: Massive disappearances in Nepal and absolute state of impunity and lack of action
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that in Nepal the situation is in an extreme condition where loss of life is the rule of the day. A large number of cases have been reported on disappearances. People - women, men and children are reported to be disappearing within the country, especially from the villages and places outside Katmandu, the capital city.
The National Human Rights Commission of Nepal has registered at least 1430 cases of which AHRC has the details of 925 individuals. AHRC has confirmed information that the Royal Nepal Army (RNA) and the Maoist rebels are responsible for the disappearances and of the reported cases most of them allegedly involve the RNA. The 1430 cases registered at the National Human Rights Commission of Nepal do not indicate the actual figures, and only represent the tip of the iceberg. Human rights activists and people involved with human rights work in Nepal, including the external monitoring bodies, opine that the actual figure is several times more than that has been officially registered.
A hunger strike was going on at Ratna Park in Nepal where families of 125 disappeared persons had gathered in a tent and were protesting against the disappearance and loss of life of their dear and near ones. Formerly the hunger protest was organized at Bhadrakali, in front of the RNA headquarter. The protesters were forcefully removed from Bhadrakali by the army. On being evicted from Bhadrakali the protesters had setup their camp at Ratna Park. Now the hunger strike has been called off due to some intervention by human rights activists.
Disappearance at this scale is the firm indicator of absolute collapse of rule of law in the country. It is widely known that in most of the cases of disappearance the relatives of the disappeared has either failed to lodge a complaint or if a complaint or even a court case is registered, it achieves no result. The police fail to register cases, the courts fail to intervene and the authorities give a closed door approach to the cases brought before these bodies. Those who registered cases and those human rights activists who supported such cases by active or passive involvement have a history of being threatened and intimidated by the RNA or the Maoists as the case may be. The Government of Nepal has extended its invitation to the UN Working Group on Disappearance. However the working group is yet to announce its proposed date of visit. Nepal is one of those rare countries which is a party to almost all international conventions. However the sad fact is that the country has failed to discharge its obligation to its citizens and is not likely to have any solution or to take any tangible action towards putting an end to the situation of huge loss of human life, especially in the current political setup.
It is anticipated that more life would be lost and at this rate the country would record one of the worst cases of massive disappearance ever recorded in human history. In these circumstances your urgent action is of utmost importance to put an end to this uncontrolled loss of human life and to put an end to the situation.
AHRC urges for action to stop disappearances in Nepal
(Hong Kong, October 15, 2004) Hundreds of people, including children, have been forcibly 'disappeared' in Nepal but the authorities take no action to stop the situation and perpetrators have absolute impunity, the Asian Human Rights Commission (AHRC) said on Friday.
More innocent lives will be lost and the country could record one of the worst cases of massive disappearance in human history if nothing is done to arrest the problem, the AHRC warned in an urgent appeal.
Nepalis - men, women and children - are reported to be disappearing within the country, especially from the villages and places outside the capital, Kathmandu, the Hong Kongbased regional human rights group said.
At least 1,430 cases of disappearance have been documented by the National Human Rights Commission of Nepal. Of that, the AHRC has the details of 925 individuals, aged between 13 and 58. The actual number of disappearances is expected to be several times higher than the official figure.
In the coming months, the AHRC fears that there is a strong chance for the ongoing armed conflict to become severe and intensified, which could result in heavy losses of lives, much worse than that recently reported from any part of the world.
The possibility of a lack of will and presence by the international community to help the country would spawn an atmosphere of gross violation of humanitarian norms," the AHRC said.
The Royal Nepal Army (RNA) and the Maoists, which are entangled in the military conflict, are said to be responsible for the disappearances in Nepal.
Of the reported cases, most are allegedly involving the RNA, the AHRC said. Many families or relatives of victims do not lodge a complaint because of fear, while others cannot seek any redress even when a complaint or a court case is made, the rights group noted.
The police fail to register the cases, the courts fail to intervene, and the authorities give a closed door approach to the cases brought before these bodies," the AHRC said. Supporters for the victims' families, including human rights activists, have reportedly been threatened and intimidated by the RNA or the Maoists, the group said.
Disappearance at this scale is a firm indicator of an absolute collapse of the rule of law in the country," the AHRC said.
Earlier, families of 125 disappeared persons staged a hunger strike at Ratna Park to protest against the disappearance and loss of life of their dear and near ones. But the protest was halted due to intervention.
The protest was originally held at Bhadrakali, in front of the RNA headquarters.
The protesters were compelled to shift from Bhadrakali to Ratna Park by the army.
Urgent action is of utmost importance to put an end to this uncontrolled loss of human life, the AHRC said.
The rights group has appealed to Prime Minister Sher Bahadur Deuba, Attorney General Mahadev Yadav, Inspector General of Police Shyam Bhakta Thapa and Lieutenant Colonel Raju Nepali of the RNA Human Rights Cell to take immediate measures.
The United Nations, including its senior human rights adviser in Nepal, David Johnson, the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on the question of torture, and the Working Group on Arbitrary Detention, have also been asked to intervene into the situation.
"We urge you to take immediate action so that those people protesting against disappearance in Nepal are protected from all threats or intimidation and that all reported cases of disappearance are immediately investigated by an impartial authority and that perpetrators are brought to justice," the AHRC said.
Although Nepal is one of those few countries that is a party to almost all international conventions, it has failed to discharge its obligation to its citizens, the AHRC said.
October 15, 2004
AS-39-2004
A Statement by the Asian Human Rights Commission on Bangladesh
Creativity needed to address torture in Bangladesh
The obstacles to eliminating torture in <?xml:namespace prefix = st1 /><?xml:namespace prefix = st1 />Bangladesh were foremost in the discussion at a recent meeting in Dhaka organised by Odhikar, a well-known national human rights organisation. There was consensus that grave torture exists throughout the country and that its causes are systemic: these include the following.
Torture is not a crime under national law
Although the government of Bangladesh ratified the UN Convention against Torture in November 1998, no enabling legislation has been passed to make torture a crime under national law. Old British laws prevail¡Xenacted when the colonial regime tortured supporters of national independence. The lack of a domestic law is an obstacle to developing local jurisprudence to eliminate torture, into which the rich international jurisprudence can be assimilated. There is also no immediate plan to introduce such a law.
No means exist to compensate and rehabilitate torture victims
No legal provisions exist to enable victims of torture to make claims for compensation or rehabilitation. The state does not provide medical facilities for physical and psychological injuries suffered due to torture. Again, there is no immediate plan to introduce such legal provisions.
Criminal justice remains very primitive
The criminal justice system has hardly changed since the British colonial times. Many laws go back over a hundred years. At no stage has there been a serious attempt to modernise the criminal justice system and take advantage of the great developments happening elsewhere. The system for implementation of laws is even worse, moving so slowly as to be completely out of touch with the rapid developments in communications, transportation and sense of time among people in other parts of the world.
No specialised police officers exist for criminal investigations
Police officers have a range of day-to-day duties on top of criminal investigations. For every 13,000 citizens there is one badly paid and poorly trained police officer. The very idea of specialised police officers for criminal investigations does not yet exist. One of the most needed reforms is for a separate criminal investigation branch with the necessary training and equipment to fulfil its duties.
Public prosecutors are politically controlled
All public prosecutors are changed every time a new government comes to power. As a result, they do not accumulate experience, nor build an institutional legacy to pass from generation to generation. The skills needed for proper prosecuting do not develop, and instead political bias is the determining factor in prosecution cases.
No link exists between the prosecuting and investigating branches
The prosecuting and investigating branches are completely detached. If the police do not investigate a crime, the prosecutor has no responsibility. The prosecuting branch needs to be informed when serious crimes are being investigated, so as to advise the investigators on basic legal issues. This would reduce the opportunities for police to fabricate cases against innocent persons. By collaborating while preserving the independence of each branch it is possible to avoid prosecutions that lack sufficient evidence and also ensure successful cases, which at present are few.
No independent branch exists to investigate police officers over gross violations of human rights
At the moment, the police investigate all crimes. Naturally, when police officers investigate their colleagues over alleged torture, extrajudicial killings and other grave violations, there is undue influence on the outcome. As the public lacks confidence in these investigations, many people may not even complain when suffering abuse at the hands of the police.
No witness protection programme exists
People do not want to complain or give evidence - especially in the growing number of serious crimes - as they fear serious repercussions and lack any form of protection fromthe perpetrators. This also applies to the victims of human rights violations complaining about law-enforcement officers, who hold great power locally and can cause serious harm to the victims, their families and their property. This issue must be seriously addressed if the justice system is to obtain popular cooperation.
Torture is politically motivated
Often torture results from deliberate attempts to harm political opponents. The party in power typically harasses the opposition in this manner. Despite torture and law enforcement being used for the purposes of political repression, no serious attempts have been made to address the problem.
Torture victims are disregarded because most of them are poor.
The poor are badly treated in all areas of life, and this does not attract interest. Bad treatment of the poor at police stations is therefore no exception. The poor have little access to the law, and therefore, most torture cases do not come to the public attention. Constant reporting on all cases of torture is not yet being practiced.
No human rights institution exists to monitor lawenforcement agencies
Despite years of discussion - and some drafting of legislation - towards establishing a national human rights commission, no practical steps have been taken to this end. No reason has been given for the delay; no timetable has been set for its establishment. The government has not even committed to establish it, and neither have the opposition or civil society groups taken up the issue with the urgency it requires.
Violence is prevalent across the society but the state remains inert
Throughout Bangladesh, violence is daily committed in a wide range of social, political and religious institutions, particularly against women. It is often defended on ideological grounds, and a general ethos of intolerance permits daily acts of brutality to continue unabated. Such violence may constitute torture in cases where the state is cognisant of what is happening and does nothing to stop it.
All these obstacles are commonly acknowledged, including by all the major political parties; nonetheless, no strong lobby exists to call for action. There is agreement that something is wrong, but no sense of the need to do anything about it. Civil society organisations must take a lead role in building public opinion capable of changing this situation. To do this, requires imagination and creativity. By effective lobbying with specific demands for action, steps can be taken so that victims make complaints, police investigate torture, prosecutors win cases, and other people besides these categories, act to eliminate torture.
Just A Thought.................... Confounding Fathers
Other countries may claim to have founding fathers. Sri Lanka can claim only to have had confounded and confounding fathers
The idea of the state and political power both confounded them. The idea of civilians holding power was unknown to the people of old days who were ruled by ruthless Kings, who kept no room for engagement for even the elite called the 'radalayas.' The colonial masters also resented any citizen who showed any ambition for power.
Thus, those who in fact had power thrown into their hands were truly dumfounded and confounded. Like the blind men who tried to make out what an elephant may be like, these politicians were truly confused about the nature of power they were to hold. Those who were genuine did try to make something out of the power given to them but failed for the reason that being genuine is no cure for confusion. Those who were more self-assured and foolish made the biggest mess. This mess continues.
Basil Fernando
Legal Lunumiris
The title of this, Kavi Kolaya or poetry sheet is borrowed from a statement of a Sri Lankan High Court Judge in the 1980??s about some lawyers appearing before him. He said that "Those days we had legal luminaries and now we have legal lunumiris". Lunumiris is a sambal made of salt and chili and it is locally understood to be the food eaten by the poorest of people.
1. Lawyers should not appear For suspects accused of That foul deed The killing of the judge. Great legal minds of the Bar Association thus declares People doing most foul deeds Must be deprived of fair trial Joke? No, No, bloody serious The man who said it is a President's Counsel Not just a joke! Ah, the legal lunumiris of our time! Says, the devastated citizen
2. So, they met to fix the rule of law I, the devastated citizen am told Oh, my God, Oh, my foot How impatient I wait to hear Ah, The great H.L. De Silva spoke What a brain to have collected so many quotes With such great generals we can beat Enemies of the rule of law with tons and tons of quotes Enemies rely on bullets, but We have the superior power of quotes Ah, the lunumiris generals The liberators of the devastated citizens! Surely, liberating power of legal lunumiris Will save us - the devastated citizens
3. Who protects the drug dealers? I, the devastated citizen wish to know Do they have very big guns The mother of all guns? Do they have magical powers Can they fly, become invisible? Or do they have such vast hiding places That the police cannot reach Or am I foolish to think They must be living in the houses of policeman? Oh, just wait The hangman will find this out All our hope is on our hangman Such is the legal lunumiris of our time.
4. I, the devastated citizen Stare at the TV and learn That citizen Gerald, tortured on mistaken identity Is now assassinated for complaining against such treatment "Torture victims that complain Are an encouragement to criminals," Says the legal lunumiris I, the devastated citizen am told to believe it Police officers have a right to damage your kidney And make any mistake And to kill you in open day light If you complain Such are the legal lunumiris Of our times!
5. Many a local of fame Praises the virtues of the noose Some are not small names I, a devastated citizen know They cite many countries Saved from crime due to the hangman or the electric chair The strength of a legal system lies with the hangman They boldly say May be in those other countries also Policemen are just like ours! When a legal system is bad The hangman saves everything, everyone Knowledge gained from all their travelI, a devastated citizen must respect The fame of these names I must not forget The glory of the hangman I also should praise So much of this, the legal lunumiris Is soothing to my devastated brain and heart!
6. Having being thoroughly advised, I, a devastated citizen declare my credo thus: I believe in the hangman As my savior and protector I believe that my devastation will soon end By the intervention of the hangman I believe that during day and night, at home and outside Crime will soon end, fears will disappear I believe in the all-powerful, almighty hangman Who will create an assassination free, drug and Kassipu*-free Sri Lanka Where politicians and policeman will be Corruption free, do their duties right on time I believe in these legal lunumiris I really do, I tell you.
*Kasippu - Illicit liquor
Posted on 2004-11-08
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