asa370132014en.pdf |
Amnesty International has received several reports of intimidation and harassment of student demonstrators, in what appears to be an escalating effort by officials to curb student activism.On 21 October, police fired teargas canisters into a crowd of university students protesting near Sri Lanka’s Parliament building, reportedly injuring 20 students, 12 of whom were hospitalized. Water cannon were also used to disperse the crowd.A student group claimed the injuries were caused deliberately by police who fired the teargas canisters directly at the students. According to eyewitnesses, the teargas was fired at demonstrators from several directions, surrounding them and cutting off escape routes. Students who had trouble breathing started toretreat but were met with another round of teargas fired into the center of the crowd. Police reportedly fired teargas at the sidelines as well, trapping students who had attempted to take cover among some trees. Related Story :http://www.amnesty.org/en/library/info/ASA37/013/2014/en
0 Comments
Sri Lanka must stop making empty promises to the international community and the Sri Lankan people on improving the country’s still desperate human rights situation, Amnesty International said ahead of a UN review of the country’s rights record.
The UN Human Rights Committee (HRC) in Geneva, Switzerland, will on 7 and 8 October 2014 be reviewing Sri Lanka’s respect for rights enshrined in the key human rights treaty: the International Covenant on Civil and Political Rights (ICCPR). This is the first such assessment since 2003. “More than a decade since the last Committee review of Sri Lanka’s record in 2002, it’s disturbing to see how many rights issues raised then still persist in the country – and how the government has ignored promises to address them. Sri Lanka still relies on draconian laws to silence dissent. Torture and enforced disappearances continue unchecked, as do violations of freedom of expression and association. On top of that, Sri Lankan authorities must now answer for escalating attacks against religious minorities,” said David Griffiths, Amnesty International’s Deputy Asia-Pacific Director. “The Sri Lankan authorities have promised time and time again to tackle pressing human rights issues but almost never follow through. The Committee review is an opportunity for the international community to highlight this disconnect, and push the government to take genuine action.” Major changes have occurred in the nature and scale of human rights abuses in Sri Lanka since the last review in 2002. The country transitioned from a lengthy cease-fire to intensive armed conflict with the Tamil Tigers (LTTE). Since fighting ended in 2009, the post conflict period continues to be marked by serious violations of human rights. As Amnesty International highlights in its submission to the HRC, the Sri Lankan government continues to use the Prevention of Terrorism Act (PTA) to arrest and detain people without due process and silence dissent. The Act has contributed to the persistence of torture and ill-treatment in custody and should be repealed. At the same time, the government of President Mahinda Rajapaksa has used the 18th amendment to Sri Lanka’s constitution to consolidate power by undermining the independence of the judiciary and key bodies critical to the protection of human rights – including the National Human Rights Commission. “The 18th amendment must be repealed. It has eliminated checks on executive power and left key institutions effectively toothless and subject to the whims of the president,” said David Griffiths. Despite official denials and promises to improve the situation at Sri Lanka’s last HRC review, endemic torture and other ill-treatment is persistent in Sri Lankan detention centres. Amnesty International has received numerous reports of former detainees alleging torture, sometimes sexual, in detention centres run by police, the army or intelligence services. The Sri Lankan government has denied the routine use of torture in the country, and has refused to investigate the widespread reports of the practice or to hold those responsible to account. Related Story :http://www.amnesty.org/en/for-media/press-releases/sri-lanka-un-review-highlights-empty-rights-promises-2014-10-07
This briefing highlights a number of Amnesty International’s human rights concerns in Sri Lanka. These include the failure to provide truth, justice and reparation to victims of human rights violations and ongoing abuses perpetrated under the Prevention of Terrorism Act. A climate of impunity persists; weak domestic mechanisms fail to protect human rights or deliver justice. The organization remains concerned about the continuing violations of freedom of expression and association; failure to protect minorities from violence and discrimination; pervasive use of torture; continued reports of extrajudicial executions and the failure to address enforced disappearances.
Related Story from :http://www.amnesty.org/en/sri-lanka Commercial Sex Worker In Sri Lanka Assaulted By The Police Officer In Ratnapura ..........!10/21/2014 During the last two weeks, a video showing a policeman beating a young woman on a public road in Ratnapura, Sri Lanka, has generated heated discussion in the media. Reactions shown in the media and in social media such as facebook show public contempt for the behavior and conduct of the police. What is near comic is the manner in which the police spokesman reacted to the video and the subsequent developments. When the video was first shown, the spokesman’s reaction was that as the video is unreliable no action could be taken on this matter. As media heat grew, the spokesman declared that the particular policeman seen in the video beating the young woman with a wire has been identified. Sometime later, the same spokesman announced that this particular officer has been interdicted. Thereafter, the police spokesman’s repeated message was that a police team has been deployed in trying to identify and obtain a statement from the particular woman concerned, but that she appeared to be in hiding and therefore, it was not possible to obtain her statement. While the police spokesman was repeating this story, the woman who was beaten began to reveal her ordeal in public. Besides holding a press conference, she also gave an exclusive interview to Ada Derana a local TV channel, and said that she was a resident of Kanadola in Ratnapura, and that the particular police sergeant had asked her to come with him to an inappropriate location on several occasions and when she had refused for the third time, he plotted revenge. She revealed that the police officer had assaulted her with a wire while uttering filthy and abusive language at her and he had also kicked her when she fell on the ground. The police sergeant’s name has now been revealed as P.P. Thissera. The amateur video footage of the incident has been taken by a witness with a mobile phone, and it has been distributed widely through the social media making the incident a talking point among Sri Lankans everywhere. What is more shocking is the manner in which several police officers including a Headquarters Inspector (HQI) treated the woman after the incident. Ganga, the young woman involved in the incident, has revealed how police officers kept her at a police station for several hours, attempting to get her to agree to be silent about the incident. At one instance, the policemen offered Rupees 3,000 to her. All her attempts to have a complaint registered failed. Ganga then filed an application before the Supreme Court claiming the violation of her rights and demanding a Rupees 50 million in damages. A team of lawyers assisted her. And, after filing the fundamental rights application, she held another press briefing and explained her position. She openly told the press that due to extreme poverty she makes a living as a sex worker. Despite enormous publicity, with photographic evidence of brutal police assault, to date, the police sergeant in question has not been arrested or charged with a criminal offence. Clearly the criminal offence falls under the CAT Act No. 22 of 1994. In terms of this Act, any public officer who commits an act of torture can be charged with an offence punishable with up to 7 years rigorous imprisonment and/or a Rupees 10,000 fine. The photographic evidence establishes that there is evidence to charge the police sergeant under this law. Besides photographic evidence, there is also evidence of the victim and the existence of several other eyewitnesses. For several years now, the police as well as the Attorney General’s Department have connived so as not to file charges under the Torture Act. While a large body of evidence has been revealed on incidents of torture committed by police officers on a large number of persons, the Inspector General of Police, as well as the Attorney General, has been following a policy of preventing criminal charges being filed against such police officers. The shameful behavior of the police sergeant in the recent incident has exposed the ugly manner in which police officers in Sri Lanka generally behave towards citizens. The major blame for the horror that the Sri Lanka police has become lies with the government. The government, by dismantling the 17th Amendment to the Constitution, has deliberately destroyed the only serious attempt that has been made by the Sri Lankan Parliament to restore discipline in the public service in general and in the police service in particular. The simple reason why governments do not want to see a functioning police force is so free and fair elections can be prevented. When the National Police Commission (NPC) was functioning, Mr. Ranjith Abesuriya, the Chairperson of the NPC, took strict measures to prevent police officers from being transferred for the purpose of the government party obtaining special advantage by such transfers. From 1978, all parties in power have sought to misuse the police in order to engage in electoral malpractices. The police force in Sri Lanka has therefore been destroyed for policy reasons. Naturally, no one expects that the government will take effective action to enforce discipline within the police force. In the modern world, no civilized society can survive without a law abiding and disciplined police force that ensures peace and stability by way of efficient law enforcement. To allow a police force to descend to such an abyss is to drag the entire society into a similar or worse situation. What the case of this commercial sex worker has exposed is not merely the plight of an individual woman who has been treated pathetically, but the situation of a whole society that has been pushed into chaos by the deliberate displacement of its most important law enforcement agency. These days another scandal being talked about is the instance of a minister in the government slapping a diplomat of no lesser rank than the country’s Ambassador to the UK, forcing him to resign from his position. Even in a world where there is an endless chain of scandals one does not hears of such kinds of behavior. Even stranger is that the President still retains this Minister in his post, even after this scandal has been revealed to the whole world. The Asian Human Rights Commission has reiterated that the question of what is legal and illegal is not an issue that matters in Sri Lanka any more. Now, the very notion of morality has ceased to be a matter of importance. Therefore scandalous events cause no shock today. This is what the assault of this young woman, as well as the slapping of the diplomat, highlights. Confidentiality Is Essential In Order To Keep The Integrity Of The Investigations On Sri Lanka....!10/21/2014 The oral update on promoting reconciliation, accountability and human rights in Sri Lanka by the High Commissioner for Human Rights, Prince Zeid Ra’ad Al Hussein. In his oral update on promoting reconciliation, accountability and human rights in Sri Lanka. the the High Commissioner for Human Rights says that ”Notwithstanding the commendable progress the Sri Lankan Government has made in resettlement and reconstruction, the High Commissioner firmly believes that a more fundamental and far-reaching accountability process in Sri Lanka, addressing both past and ongoing violations, is absolutely necessary for Sri Lankans to come to terms with their past, end impunity, achieve reconciliation between communities and strengthen the rule of law. ”
Twenty-seventh session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
2. The resolution tasked OHCHR to monitor the human rights situation in Sri Lanka and to continue to assess progress on relevant national processes; to undertake a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka during the period covered by the Lessons Learnt and Reconciliation Commission, and to establish the facts and circumstances of such alleged violations and of the crimes perpetrated with a view to avoiding impunity and ensuring accountability, with assistance from relevant experts and special procedures mandate holders; and to present an oral update to the Human Rights Council at its twenty-seventh session, and a comprehensive report followed by a discussion on the implementation of the resolution at its twenty-eighth session. 3. OHCHR has now set up a dedicated OHCHR team to carry out the comprehensive investigation. Terms of reference have been published, as well as a call for submissions. The team is giving priority to gathering and corroborating first hand information in order to ensure an independent and impartial investigation. This will be a highly complex task given the time period and the gravity of the many cases and incidents to be investigated. 4. The Office has repeatedly been accused in Sri Lankan media of lack of transparency for not revealing details of its investigation team or its sources, but such confidentiality will be a necessary measure to protect anyone who provides information to the investigation, as well as to ensure the integrity of the investigation itself. 5. On 30 May, OHCHR staff met with the Permanent Representative of Sri Lanka in Geneva to brief him on the steps being taken in setting up of the investigation team and to invite cooperation. On 5 June, the former High Commissioner wrote to HE Mr G.L. Peiris, Minister of External Affairs, setting out the parameters of the investigation, providing further details about the team that would carry it out, and expressing hope that the Government would cooperate fully with the investigation. However, in a statement on 10 June, the Sri Lankan Permanent Representative informed the Human Rights Council of Sri Lanka’s rejection of the HRC resolution and non-cooperation with the OHCHR investigation. 6. On 18 June, the Sri Lankan Parliament passed a motion opposing the investigation, on the grounds, inter-alia, that it violated Sri Lanka’s sovereignty, although one opposition party voted against and others abstained or absented themselves from the vote. The Northern Provincial Council had previously adopted three resolutions on 28 April supporting the Human Rights Council resolution. 7. On 5 July, the Minister of External Affairs, responding to the former High Commissioner’s 5 June letter, informed her of the Government of Sri Lanka’s position on resolution 25/1. The Minister reiterated that the Government “categorically and unreservedly rejected the resolution 25/1 on Sri Lanka and would not engage in any related process”. He indicated nevertheless that “cooperation with your Office and the Council will continue.” The Permanent Mission of Sri Lanka also declined an offer by OHCHR to introduce the coordinator of the OHCHR investigation team, as well as, subsequently, to meet with one of the three experts appointed by the High Commissioner to support the investigation team. President Rajapaksa has made several public comments, most recently on 19 August, that the OHCHR investigation team will not be given access to Sri Lanka. 8. Meanwhile, under the terms of resolution 25/1, the former High Commissioner invited H.E. Mr Martti Ahtisaari, former President of Finland and Nobel Peace Prize Laureate, Ms Silvia Cartwright, former Governor-General, High Court judge of New Zealand and judge of the Extraordinary Chambers of the Courts in Cambodia, and Ms Asma Jahangir, former President of the Supreme Court Bar Association and Human Rights Commission of Pakistan, who has previously held several Human Rights Council mandates, to play a supportive and advisory role to the investigation team as relevant experts. Relevant Special Procedures mandate holders are also exploring ways of assisting the investigation, while preserving the independence and integrity of their own mandates. 9. The High Commissioner is deeply grateful to these distinguished experts for agreeing to play this important role on a pro-bono basis. They will not lead the investigation, but will provide expert advice and guidance to the investigation team, and accompany the process to provide an independent verification of the investigation. The experts held their first meeting with the investigation team in Geneva on 6-7 September to review the methodology and progress in the investigation. The investigation team has also been meeting with a coordinating group of Special Procedures mandate holders. 10. At this juncture, the High Commissioner would like to respond directly to two concerns that have been raised by the Government of Sri Lanka, some civil society groups and media concerning the mandate of the OHCHR investigation. The first argument made is that there is a contradiction between operative paragraph 2 of resolution 25/1 which requests Sri Lanka to conduct and credible and independent investigation, and operative paragraph 10 of the resolution which requests OHCHR to conduct an international investigation. There is absolutely no contradiction in this regard. As successive Human Rights Council resolutions have noted, Sri Lanka has international legal obligations to investigate violations and provide victims with remedy. However, in resolution 25/1, the Human Rights Council took note of the absence of a credible national process with tangible results and requested OHCHR to conduct its own investigation. The fact that there is an international investigation does not relieve Sri Lanka of its obligations under international humanitarian law and international human rights law to conduct investigations, nor does the existence of domestic initiatives (which only partially cover the period and allegations concerned) prevent an international investigation moving forward. The question is how Sri Lanka will take further the results of the international investigation in its own domestic process, or whether further steps will be required. 11. The second concern raised is the decision of OHCHR to investigate violations up until November 2011, the time the LLRC presented its final report. This is important because the LLRC, to its credit, took an expansive view of its mandate and examined a number of violations that had their origins before the February 2002 or continued after the end of the armed conflict in May 2009. These include for instance the detention of suspects which occurred at the end of the war but continued for an extended period afterwards, or enforced disappearances which remain ongoing violations to this day. The former High Commissioner correctly interpreted that the Human Rights Council’s intention was not to draw an arbitrary line in May 2009 but to ensure the comprehensive scope of the LLRC report was fully addressed, 12. The High Commissioner very much regrets the Government of Sri Lanka’s rejection of resolution 25/1 and position of non-cooperation with the investigation, and he encourages the Government to keep its channels open. The High Commissioner notes that the Government has invited him to visit Sri Lanka and he will be meeting with the Minister of External Affairs in New York later this month. 13. This is a unique and historic opportunity to establish an accurate record of patterns of human rights violations and related crimes alleged to have been committed by both sides during the latter period of the conflict that will meet the expectations of Sri Lanka’s people, particularly the victims of both sides of the conflict, and a broad cross-section of the international community. This includes serious crimes committed by the LTTE and Tamil armed groups over many years, including the recruitment of children as soldiers and attacks on civilians. Withholding cooperation from the investigation means that valuable information held by the Government cannot be taken into account. It will also represent a missed opportunity to engage in a deeper truth-seeking process that will ultimately contribute to Sri Lanka’s long term interests in lasting peace and reconciliation. Engagement with human rights mechanisms 14. The UN Special Rapporteur on the human rights of migrants conducted an official country visit from 18-26 May 2014. In his report to the Human Rights Council, the Special Rapporteur welcomed the efforts undertaken by the Sri Lankan authorities to regulate labour migration and protect the rights of its citizens migrating abroad, but noted the need to fully implement a human rights approach. He also looked into the situation of migrants in Sri Lanka and noted the need to implement regulations, monitor the detention of migrants in Sri Lanka, and to revise constitutional provisions which discriminate against migrants. 15. There remain nine outstanding requests to visit Sri Lanka by other special procedures: on minority issues; freedom of peaceful assembly and of association; freedom of opinion and expression; extrajudicial, summary or arbitrary executions; enforced or involuntary disappearances; human rights defenders; independence of judges and lawyers; discrimination against women in law and practice; and truth, justice, reparation and guarantees of non-recurrence. 16. The High Commissioner reiterate his predecessor’s calls to invite the special procedures on enforced or involuntary disappearances and minority issues as a matter of priority, considering the centrality of these issues to the accountability and reconciliation agenda. The Government has again indicated that it will consider a visit by the WGEID once the Commission of Inquiry on missing persons, discussed below, concludes its work. 17. Sri Lanka’s fifth periodic report under the ICCPR will be examined by the Human Rights Committee in October 2014. Threats to civil society actors 18. The High Commissioner has been shocked at the ongoing campaign of threats, harassment, intimidation and reprisals by both state and non-state actors since March against civil society groups, human rights defenders and victims’ organisations, including those who might support or engage with the international inquiry. On 7 April 2014, the Minister of Mass Media and Information informed the press that the Government would take legal action against those who testify before the OHCHR investigation if the evidence submitted by them was in violation of the county’s Constitution. Various calls were made by representatives of political parties and other groups for the arrest of members of parliament and civil society members who had participated in the Human Rights Council session in March. 19. This has been followed by a steady stream of incitement and hate speech in print, electronic and social media against civil society activists who have publicly advocated for accountability, reconciliation and human rights. On 10 August 2014, for instance, an article in the Sinhalese language newspaper Divaina attacked prominent human rights activists, declaring “Clearly what should be done is to shoot them and throw them to the forest for the foxes to eat. But we won’t say that should done, because we do not have the tribal mentality of those who betray the country.” 20. On 4 August, a private meeting of civil society actors, the diplomatic community and families of the disappeared in Colombo was disrupted by protestors including Buddhist monks, reportedly representing families of missing armed service personnel. Families of the disappeared as well as civil society actors were verbally abused, threatened and called traitors. Police were present but were ineffective in removing the mob. The Ministry of External Affairs subsequently issued a press release urging the diplomatic community to be more conscious of local sensitivities when attending events of an “emotive” nature. 21. In another recent case, two prominent human rights lawyers reported being threatened on 13 September by unidentified men at a law office for appearing in “unnecessary cases”. In August, the two had been intimidated with another colleague by a group of men inside Maradana police station allegedly in front of a senior officer while making representations on behalf of their clients. 22. On 21 March 2014, the Government also announced the proscription of 16 Tamil organisations and 424 individuals pursuant to UN Security Council Resolution 1373. These included not only the LTTE, but many mainstream Tamil diaspora organisations which have been actively engaged with the Human Rights Council and international human rights mechanisms. While the High Commissioner fully respects the responsibility of the Government to safeguard against any resurgence of terrorism in the country, such measures must meet the requirements of necessity and proportionality, and this step will have far-reaching and negative impacts on freedom of expression and association and efforts for reconciliation in the country. 23. This is part of a broader trend of increased restrictions on NGO activities since the former High Commissioner’s last report. On 1 July, a circular was issued by the NGO Secretariat, which is located under the Ministry of Defence, indicating that press conferences, workshops, trainings for journalists and dissemination of press releases were unauthorized activities and should not be undertaken by NGOs. After speaking out against this circular, the President of the Bar Association reported receiving repeated threats to his security. A number of workshops organized by NGOs for Tamil-speaking journalists were disrupted and finally stopped from taking place in June and July Protection of victims and witnesses 24. This climate of intimidation and threat seems calculated to make the international investigation mandated by the Human Rights Council even more challenging and difficult. It means that the OHCHR team have to take all possible appropriate measures to protect potential witnesses who may wish to provide information. 25. It will also impact on the prospects for Sri Lanka’s own domestic investigations, where witness and victim protection has long been a major concern. The High Commissioner notes in this regard that the Government finally submitted to Parliament the Assistance to and Protection of Victims of Crime and Witnesses Bill in August 2014. This draft legislation has been in preparation since 2006 and Sri Lanka has repeatedly committed to its adoption in the Human Rights Council. OHCHR will carefully study the draft legislation in line with international standards. However a preliminary analysis raises a number of concerns about the composition of the proposed National Authority for Protection of Victims of Crime and Witnesses, the location of the victims of crime and witnesses assistance and protection division within the police department, and the prohibition of accepting assistance from foreign governments. The High Commissioner also notes that the draft bill requires public officials to be present when witnesses testify from remote locations, which will severely constrain the possibilities for evidence to be taken by video-link from abroad. The former High Commissioner’s offer of technical assistance in this area has not been accepted. LLRC implementation 26. In resolution 25/1, the Human Rights Council reiterated its call upon the Government of Sri Lanka to implement effectively the constructive recommendations made in the report of the Lessons Learnt and Reconciliation Commission (LLRC). The Council took note of the Government’s national plan of action to implement the LLRC recommendations, although noted that it did not adequately address all of the findings and recommendations of the Commission and did not sufficiently address serious allegations of violations of international human rights and humanitarian law. 27. In May 2014, the President informed the Secretary-General that 30 percent of the LLRC recommendations had been implemented . A Special Bureau for Reconciliation has been established to assist line ministries in implementation of various aspects of the national plan of action for implementation of the LLRC recommendations. The Government’s last update on implementation of the plan was published in July 2014 . 28. There have been further steps to implement a national trilingual language policy, including the establishment of Official Languages Commissions in two provinces and the provision of Tamil speaking police officers in the North and East. A National Unity Convention was held in April and Social Integration Week in July to encourage social cohesion. Sri Lanka also hosted the World Conference on Youth in May 2014. 29. Resettlement, reconstruction and development activities have continued apace in the northern and eastern provinces, with the Government reporting that as of August 2014 only 26,056 internally displaced persons (7,840 families) remain to be resettled. Progress has also been made in the restoration of the education system in the conflict-affected areas with 1,105 primary schools upgraded and promising student results in both provinces. The Government reports it has allocated an additional Rs 475 million for restitution and compensatory relief in 2014, but has yet to develop a national reparations policy as part of a broader transitional justice process, as recommended by former High Commissioner and encouraged by the Human Rights Council. The High Commissioner encourages the Government to involve the elected Northern Provincial Council more fully in the design and implementation of these reconstruction programs. 30. OHCHR will closely follow future developments in the implementation of the LLRC recommendations, and report again on progress to the Human Rights Council in its forthcoming report in March 2014. Domestic accountability processes 31. One of the important initiatives taken in follow up to the LLRC was the establishment of a Presidential Commission of Inquiry to investigate cases of abduction and disappearance between January 1983 and May 2009 of persons resident in the north and east of Sri Lanka. As of August 2014, the Commission had held six rounds of public hearings in Kilinochchi, Jaffna, Batticaloa, Mullaitivu and Mannar. The Commission is understood to have received 12,995 complaints from the northern and eastern provinces of which 1,215 have been invited to appear and 930 cases have been completed. A further 3,241 applications have been received during the public hearings, although it is not clear if these are included in the figure above. Approximately 374 complaints have been received from other provinces that might fall outside the scope of the inquiry, as well as approximately 5,000 complaints from families of missing army personnel. 32. While OHCHR has not observed the proceedings at first hand, reports from independent observers have raised concerns with the line of questioning by the commissioners and counsel, the quality of translation services, the lack of counselling support for victims and the presence of military intelligence officers at some hearings. Families of the disappeared have also complained of harassment and pressure by police, military and intelligence prior to and at the time of the hearings which impeded some from appearing before the Commission. At the Mullaitivu hearings in July, some testimonies revealed family members had been approached by officials of the Terrorism Investigation Department pressuring them to obtain death certificates for their missing loved ones. The Bishop of Mannar raised similar concerns in a letter to the Commission in August 2014. These challenges have been flagged to the Commission by civil society groups but the same problems have continued to be reported at subsequent hearings. The Government has reported it is finalising a “Psycho-social Support and Counselling Services” programme for relatives of missing persons. 33. The mandate of the Commission has been extended twice by the President, its current completion date now being 25 February 2015. In July 2014, the President also announced that the mandate of the Commission would be broadened to include investigations into the facts and circumstances that led to the loss of life in the final stages of the conflict and whether any individuals or groups bear responsibility, the adherence of both Sri Lankan forces and the LTTE to principles of international humanitarian law, as well as the use of human shields and other crimes committed by the LTTE. 34. The President also invited six international experts to act as an advisory group to the Commission. At the time of this update, the role of experts and the nature of their involvement were not clear, nor whether they would be supported by independent staff or observe proceedings. It was also not clear what new investigative resources would be put at the disposal of the Commission, or how its methodology would change to fulfil its expanded mandate, in view of the public hearings already conducted. 35. The other domestic investigation into alleged violations created to follow up the LLRC are the Army Courts of Inquiry. The first stage on alleged civilian casualties was completed last year, but its report has still not been published, as requested by the Human Rights Council to allow the evidence and findings to be evaluated. No further progress has been reported in the second stage to examine the video footage of summary executions and other violations broadcast by Channel Four. 36. On the other emblematic cases reported by the former High Commissioner, there has been no further outcome. The non-summary proceedings to investigate the killing of five students in Trincomalee in 2006 have not reached conclusion after one year and the security force personnel remanded in the case have remained on bail. In relation to the killing of 17 Action Contre la Faim (ACF) aid workers in Muttur in 2006, the Government has indicated it is discussing possible cooperation with France to access witnesses who are now abroad, although the Embassy of France has announced that no agreement has been reached. The Ministry of Defence also circulated a report it had commissioned from a group of unnamed experts which makes criticisms of the conduct of ACF in this case and concludes the deaths could have been prevented. The relationship between this report and the formal criminal investigation is unclear, and it seems an inappropriate interference in the judicial proceedings and which also risks compounding the stress and trauma experienced by the victims’ families. 37. The report of the Sri Lankan Army’s investigations into the deaths of protestors in the incident at Welewirya in August 2013 has still not been published, as requested by the Human Rights Council, nor have the results of the inquiries into deaths at Vavuniya and Welikanda Prisons in 2012. 38. The national inquiry on torture cases which had been announced by the Human Rights Commission of Sri Lanka at this time last year has not proceeded in any form. Related story :http://www.samabima.com “By granting its blessing to militias, the Iraqi government is sanctioning war crimes and fuelling a dangerous cycle of sectarian violence that is tearing the country apart.” Amnesty International's Donatella Rovera Shi’a militias, supported and armed by the government of Iraq, have abducted and killed scores of Sunni civilians in recent months and enjoy total impunity for these war crimes, said Amnesty International in a new briefing published today.
Absolute Impunity: Militia Rule in Iraq provides harrowing details of sectarian attacks carried out by increasingly powerful Shi’a militias in Baghdad, Samarra and Kirkuk, apparently in revenge for attacks by the armed group that calls itself the Islamic State (IS). Scores of unidentified bodies have been discovered across the country handcuffed and with gunshot wounds to the head, indicating a pattern of deliberate execution-style killings. “By granting its blessing to militias who routinely commit such abhorrent abuses, the Iraqi government is sanctioning war crimes and fuelling a dangerous cycle of sectarian violence that is tearing the country apart. Iraqi government support for militia rule must end now,” said Donatella Rovera, Amnesty International’s Senior Crisis Response Adviser. The fate of many of those abducted by Shi'a militias weeks and months ago remains unknown. Some captives were killed even after their families had paid ransoms of $80,000 and more to secure their release. Salem, a 40-year-old businessman and father of nine from Baghdad was abducted in July. Two weeks after his family had paid the kidnappers a $60,000 ransom, his body was found in Baghdad’s morgue; with his head crushed and his hands still cuffed together. The growing power of Shi’a militias has contributed to an overall deterioration in security and an atmosphere of lawlessness. The relative of one victim from Kirkuk told Amnesty International: “I have lost one son and don’t want to lose any more. Nothing can bring him back and I can’t put my other children at risk. Who knows who will be next? There is no rule of law, no protection.” Among the Shi’a militias believed to be behind the string of abductions and killings are: ‘Asa’ib Ahl al-Haq, the Badr Brigades, the Mahdi Army, and Kata’ib Hizbullah. These militias have further risen in power and prominence since June, after the Iraqi army retreated, ceding nearly a third of the country to IS fighters. Militia members, numbering tens of thousands, wear military uniforms, but they operate outside any legal framework and without any official oversight. “By failing to hold militias accountable for war crimes and other gross human rights abuses the Iraqi authorities have effectively granted them free rein to go on the rampage against Sunnis. The new Iraqi government of Prime Minister Haider al-Abadi must act now to rein in the militias and establish the rule of law,” said Donatella Rovera. “Shi’a militias are ruthlessly targeting Sunni civilians on a sectarian basis under the guise of fighting terrorism, in an apparent bid to punish Sunnis for the rise of the IS and for its heinous crimes.” At a checkpoint north of Baghdad, for instance, Amnesty International heard a member of the ‘Asa’ib Ahl al-Haq militia say: “If we catch ‘those dogs’ [Sunnis] coming down from the Tikrit area we execute them…. They come to Baghdad to commit terrorist crimes, so we have to stop them.” Meanwhile, Iraqi government forces also continue to perpetrate serious human rights violations. Amnesty International uncovered evidence of torture and ill-treatment of detainees, as well as deaths in custody of Sunni men detained under the 2005 anti-terrorism law. The body of a 33-year-old lawyer and father of two young children who died in custody showed bruises, open wounds and burns consistent with the application of electricity. Another man held for five months was tortured with electric shocks and threatened with rape with a stick before being released without charge. “Successive Iraqi governments have displayed a callous disregard for fundamental human rights principles. The new government must now change course and put in place effective mechanisms to investigate abuses by Shi’a militias and Iraqi forces and hold accountable those responsible,” said Donatella Rovera. Related Story From : http://www.amnesty.org/en/news/iraq-evidence-war-crimes-government-backed-shi-militias-2014-10-14?linkId=10010892 The Sri Lanka Muslim Congress feel that the government of Sri Lanka should address the charges levelled against them by the UNHRC and provide credible answers to these charges instead of trying to take on an arrogant stance. Speaking to The Sunday Leader SLMC parliamentarian Hassan Ali said that while the government claims to be able to handle its own domestic issues, they have been silent and unable to deal with extremist elements such as the BBS in spite of them creating many issues that have created fear and anxiety among the minority communities. He also stated that if the government does not want the UN to interfere its affairs then they should not be a signatory to the UN charter, but added that while we still are answerable to them we should heed their advice and address the situation in a straightforward manner.
Following are excerpts of the interview: By Camelia Nathaniel Q: With the US saying that it has not softened its stance on Sri Lanka how does the Muslim congress see this development? A: Earlier it was the government that came out with that statement which the US denied. Now this accusations and denials have become a normal occurrence. Both parties are accusing and denying and this goes on, when it comes to war crimes and UNHCR resolutions. Now this will only aggravate the positions of both parties. The best thing is for the government to concentrate on this issue and give them a proper answer; otherwise they will go on like this. When we go and counter an international forum of this nature they will not succumb to us and keep quiet. They have enough materials to use against the government and we should disprove that. The government says that they have not committed any crime, so our duty is to go and prove that and face it, not to try to go at loggerheads with them. Just saying that there were zero casualties alone is insufficient. Q: If the US had all these evidence against Sri Lanka, then five years down the line, why have they not used it against us? A: They will come out with more and more in due time. If we go on denying then they will come up with fresh accusations. Therefore the best thing is to deal with the issue straight on and counter their allegations and finish it off. Q: How do you view Sri Lanka’s stand that it can deal with its own domestic issues and its rejection of international interference? A: If that is the stance that Sri Lanka wants to take, it is better for them to resign from the UN charter. Since we are a signatory to that organisation, you have to abide by their rules and regulations to a certain extent. But of course if you don’t want that, then we have to be prepared for the repercussions and then they will not come and interfere. Since we are a signatory to the UN charter, however, we are answerable to them. Q: The government has told the Human Rights Committee that it has to continue with the PTA as the LTTE is still active overseas. What is your view on this? A: Well the UN accusations are not only against the government but it is also against the LTTE. If we are going to forget about our part then the UN will also conveniently forget about the atrocities committed by the LTTE. It’s a two pronged thing and we have to face the situation. As the government claims if we are innocent and we have the evidence to prove it then why should we go and deny all these things and drag it on. Why cant we just put a stop to the whole fiasco by proving our innocence once and for all? Then that will be the end of it. Q: The Sri Lankan government has accused the UN of judging Sri Lanka even before any hearing and having their own agenda. How does the SLMC view this, and do you think anyone has the right to judge us? A: We have not gone into this matter in detail. Generally the SLMC is not too involved in this war crimes charges etc., as we have not been a party to that. The war took place in the Northern Province and we were not a party to that. So generally to go and access these situations one must have a moral right or obligation to coordinate with them at least to a certain extent, so the government just bluntly denying these charges does not help. Q: You say that the Muslims were not involved in the war. However the Muslims were the ones who were mostly affected by the war in the East especially when the LTTE gave them just 24 hours to leave or face death. Therefore how can you say that the Muslims were not involved in this whole war? A: Yes but the mandate of this war crimes deals only with what happened during the last two weeks of the war. It does not talk about the 80”s and 90’s but the last phase of the war. Q: What sort of measures is your party looking at taking in the future in order to address this accountability and war crimes issues? A: They must put a proper mechanism in place in order to bring about reconciliation, and we must build amicable friendships between all communities of this country. However the emergence of the BBS and other similar forces are creating chaos in this country. There is no prosperity if you allow these forces to raise their ugly head. We will never see a proper reconciliation in this country if these elements are allowed to act freely. The minority communities are really worried about this situation. Constitutionally the minorities enjoy certain rights and these organizations are blatantly violating all these rights, but the government and everyone else is keeping quiet. Related Article From :http://www.thesundayleader.lk/2014/10/12/govt-should-address-charges-by-unhrc-hassan-ali/ Why People In South Asia Elected Criminals As their representatives In political Arena .....!10/13/2014 A regrettable feature of South Asian politics is the emergence of criminals as representatives of the people. In the last Indian legislature, one third of the members were those with a criminal record, according to the Indian Association for Democratic Reforms. The criminal record of the parliament elected in March this year is not available yet. Other democracies in the region including Sri Lanka probably are no exceptions and we do not have a watchdog like in India to tell us who’s who.
Even though statistics are not available, the conduct of our honourable MPs at public places and even within their holiest of holies by the Diyawanna Lake gives us an indication of the quality of many of them. With even parliamentary elections round the corner some have already thrown their hats into the ring and some of the announcements made are indeed ominous. Our electoral system is such that the candidates are selected by party leaders with or without consulting selection committees. Whether there are such selection committees in most parties is indeed a matter of grave doubt. Thus, it would be fair to hold party leaders for the criminal history or quality of candidates selected. This is indeed a flaw in our democratic process because party branches in electorates should have some say in the selection process. The voter should not be presented with a fait accompli on the ballot paper. What does a voter do if the party he favours has nominated a known undesirable person to be his representative? Will he endorse this undesirable because of his loyalty to his party/ vote for another candidate of a rival party/ or spoil his ballot? Given the state of politics in the country he has no option but to reject his party candidate and not vote for him and decide on the other two options. If the electorate by and large rejects the undesirable, it will make his party correct its ways. It is true that a parliament can only reflect the state of society. Our society, however impoverished certain sections may be, are law abiding citizens with good moral standards. Those responsible for selection of candidates should aim to reflect such standards and not select dope dealers and the like who will be instrumental in selling drugs such as heroin to children. Political leaders will by inclination select candidates who are loyal to them. The second criterion will be the ability to win. This can be appreciated but the likely winners will be money bags and unless they are known to have earned their money honestly it can be well presumed that the largesse he is throwing about is ill-gotten gains. Family politics seems to be a growing phenomenon in Lankan politics. There is nothing wrong if sons or daughters take after the illustrious footsteps of their fathers but what happens if a disreputable child attempts to follow a disreputable father whose record is even worse than him or hers? The obvious thing to do will be for voters to take action to prevent his nomination by making representations to the party leadership. Sri Lankans have come a long way in the democratic process having been given the gift of universal franchise even before independence. Our parliament should comprise a set of representatives who should be a pride to the nation and not appear as a circus or a bunch of jokers. It will be the responsibility of party leaders to ensure the quality of members of their party. In our open mouthed society everyone knows who the racketeers, dope smugglers, wheeler dealers and commission agents are. There should be no difficulty in identifying the black sheep attempting to creep into the new parliament. It is time the constitution be amended so that each contesting party should adopt a process that would ensure criminal elements be kept out and basic education requirements are stipulated. UN Simply Evaluates Sri Lanka-Say's Yolanda Foster Representative Amnesty International To Sri Lanka10/12/2014 The UN Human Rights Committee, which is currently meeting in Geneva, reviewed the situation in Sri Lanka last week. The Committee raised several concerns during the review, including issues related to impunity, torture and freedom of expression for which the Government delegation gave its responses. Amnesty International was among the human rights groups and organisations which made submissions to the Committee. Sri Lanka researcher at Amnesty International, Yolanda Foster told The Sunday Leader the review had raised some pertinent questions on Sri Lanka. Following are excerpts of the interview:
By Easwaran Rutnam Q: Did the UN human Rights Committee session on Sri Lanka have the expected outcome as far as human rights groups like Amnesty International are concerned? A: On October 7th and 8th the Human Rights Committee in Geneva reviewed Sri Lanka’s fifth Periodic report. The Committee is composed of independent experts who review each state report, ask questions and make recommendations called “concluding observations,” aimed at improving respect for human rights. The final ‘concluding observations’ of the Committee will only be available on the 30th of October when they have reflected on Sri Lanka’s response to the questions asked and reviewed other information including reports submitted by civil society organisations and individuals. It is too early for Amnesty International to comment on the outcome of the Review until we have read the concluding observations but the questions independent experts asked Sri Lanka spoke to some of our concerns about the current human rights situation in Sri Lanka. The Review team picked up on a number of important issues including problems with the way the 18th Amendment has stripped Public Service Commissions of their independence; lack of safeguards in the criminal justice system etc. Q: It was noted that Dr. Manoharan, the father of one of the five youth killed in Trincomalee in 2006 and Mrs. Eknaligoda, the wife of missing cartoonist Prageeth Eknaligoda, were among those seeking justice from the Human Rights Committee? A: Amnesty International included Dr Manoharan and Sandya Eknaligoda in our delegation as it is victims’ families who are best placed to speak to the alleged culture of impunity in Sri Lanka. When someone has lost a loved one they expect answers and the state has a responsibility to provide access to justice and redress. In both the Trinco 5 case and Prageeth’s disappearance case the investigations have proceeded at a glacial pace. Sandya Eknaligoda has been to the courts over 50 times simply seeking the right to truth while Dr Manoharan has been campaigning for justice for more. Why, the Committee asked has the Trinco 5 case in which 5 students were allegedly killed by the security forces dragged on so long. Flaws in access to justice such as lack of witness protection were also highlighted. Both Sandya and Dr Manoharan appreciated the professionalism of the Committee in seeking specific clarifications in their cases. They know that their struggle for justice will be a long journey but we hope that their practical experiences in seeking the truth helped the Committee understand the need for reform. Q: The government had argued at this session that the Prevention of Terrorism Act (PTA) needs to continue as there is still a threat from the LTTE. Is that not a fair argument? A: The government trades on fear when it tries to justify keeping the Prevention of Terrorism Act but the fact is this repressive legislation is in violation of Article 9 of the ICCPR. The main problem with the PTA is that it allows authorities to ignore protections built into the ordinary criminal justice system. Many families have shared experiences of relatives held under the PTA and alleged that there’s no transparency and that detainees are often denied a lawyer. 5 years after the end of the war citizens should not be unlawfully detained or held for long periods – sometimes years – without charges. Q: Amnesty International is clearly very active on the Sri Lankan issue. What does your organisation hope to achieve through this at the end of the day? A: Amnesty international highlights human rights issues in many countries around the world. In the first week of October we had criticised the brutal isolation chambers the US uses for solitary confinement; we’ve spoken out on media freedom in Russia and raised concerns about the death penalty in Afghanistan. What we want citizens to experience in Sri Lanka is what what we want global citizens to enjoy-the rights enshrined in the Universal Declaration of Human Rights. It’s the duty of an organisation like Amnesty which is a global movement of more than 3 million members to speak out on grave abuses. It’s true that some governments like to claim they are being picked on but a healthy country would encourage debate on human rights. It’s a sign of weakness if a government just defends itself against any criticism. Q: But the Government feels Sri Lanka is being unfairly picked on and this view was echoed at the Geneva session last week. Sri Lanka’s allies in the international arena have in the past supported this view? A: It’s strange if the Government of Sri Lanka claims it’s being unfairly picked on. After all the government has signed the International Covenant on Civil and Political Rights. Countries that have signed the ICCPR promise to uphold and protect basic rights and freedoms. The Human Rights Committee is simply evaluating Sri Lanka’s compliance to a Covenant Sri Lanka chose to sign up to. The Covenant is a promise for safety and dignity in the present. What Amnesty’s briefing explores is the gap between this promise and the reality of many victims’ families in their search for justice. We believe that many citizens in Sri Lanka want a better future in which fundamental rights and freedoms can be enjoyed by all. Related Article and Picture From :http://www.thesundayleader.lk There had been a spate of incidents where suspects had been shot dead or killed accidentally, while fleeing from police custody or during a confrontation with the police. Recently, the suspect wanted in connection with the Kolonnawa- Sinhapura murders was shot dead while trying to escape police custody. Another suspect who was arrested in connection with the killing of an eight-year-old girl in Akmeemana had drowned while trying to flee from the police. There is a long list of similar incidents that had taken place in the recent past, and many had questioned how the suspects had managed to escape if they had been handcuffedwhile at the same time they were being guarded by the police,as well. However despite such incidents taking place regularly, the general public had noted that the police had not taken necessary precautions to prevent such incidents from recurring.
An absolute human right Commenting on the issue, Human Rights lawyer, Dr. PrathibaMahanamahewa,told The Sunday Leader that, nobody has the right or the authority to punish a suspect; it is only a Court of law that can decide on the punishment that has to be meted out if a suspect is found guilty. Further, every suspect is deemed as being innocent until s/he is proved guilty in a Court of law. “Under Article 11 of the 1978 Constitution, all the citizens of Sri Lanka are granted freedom from torture and degrading punishment. It is an absolute human right of the suspect to be free of torture while in police custody,” he added. He pointed out that rigorous punishment, though ordered, is not carried out in prisons, worldwide. Dr. Mahanamahewa went on to say that Sri Lanka had ratified the International Covenant for Civil and Political Rights (ICCPR) in the 1980s and the country had also ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was passed as law in 1994. According to him, if there is evidence of torture, the OIC of the police station concerned will be held liable, and can be charged in the High Court. He also said if police officers are found guilty of carrying out torture, they, as individuals, would be liable to pay compensation to those who had been subjected to torture. According to him, the laws are there to protect the rights of a suspect from cruel punishment, and be free of torture. He explained that anybody has the right to his or her life even if he or she is suspected of having committed murder. “There have been many incidents of torture and incidents of death while in custody. It is necessary to prevent such incidents from happening rather than charging the police after the incidents had taken place,” Dr. Mahanamahewasaid. In order to prevent such incidents, necessary precautions should be taken, and the police should be trained how to treat suspects at the time of arrest, and when they are in police custody. The OIC of the station should also continuously monitor police sergeants, he further said. President, Bar Association of Sri Lanka (BASL), UpulJayasuriya, told The Sunday Leader that, there is a pattern of incidents with regard to accidental deaths of suspects while in police custody. According to him, the police continue to make excuses that those incidents are accidental or unavoidable. “There are videos of some incidents that had been taken while the police had been firing at suspects. But no action had been taken against the police,” he said. According to him, members of the security forces have created a culture of impunity, and under the current context, the credibility of the police is in question. With reference to the incidents in the recent past, he said there is hardly any credence to what the police say. “Laws do not seem to apply to the police,” he noted. Families have no say Jayasuriyapointed out that families of the suspects who had been killed by the police hardly have a say as the government and the law enforcement authorities appear to be against them. “When the Attorney General and the Judiciary ignore their claims, what can innocent people do? There have been reports of incidents of murders inside prisons,” Jayasuriya said, and added that those at the top of governance appear to be tolerant when the police violate laws. “Statutory authorities are powerless in the country,” he opined. Meanwhile, Police Spokesperson, SSP AjithRohana,speaking to The Sunday Leader, said the Magistrate’sCourt hears all the incidents in relation to suspects who had been killed while in police custody or while fleeing police custody. The Court would decide on the nature of the crime – whether such incidents are justifiable homicides or not after assessing the evidence produced, including medical evidence provided by the Judicial Medical Officer (JMO). Citing examples, SSP Rohana said seven police officers who were charged over the death of the Kandekatiya suspect had been remanded after the Court had given its verdict, whereas the death of the main suspect of the Teldeniya-Ududumbara incident was deemed by the Court as a justifiable homicide. Defending the police, SSP AjithRohana explained that many such incidents had taken place while the police had been trying to recover weapons the suspects had used to commit crimes or while police officers were trying to enforce the law and obtain evidence. According to him, several incidents had been declared as justifiable homicides by the Court of law. He added that, the police are not entitled to pay compensation to the families of the suspects who died while in custody, but the families are at the liberty to file a fundamental rights case against the police if they so desire. Some of the recent incidents -September 28, 2014: Hiran Darshana alias Kalu Chooty from Kolonnawa-Wellampitiya, a criminal wanted for many crimes including three cases of murder was shot dead after trying to escape from police custody. -September 19, 2014: Gamini Kumara Samaraweera alias Kaluwa who was arrested in connection with the killing of an eight-year-old girl in Akmeemana died while trying to flee from police custody. -September 5, 2014: Lalitha Kushalya a.k.a. Kudu Lalitha, a suspected drug dealer was shot dead near the Oruwala Hospital in Athurugiriya while attempting to flee from the police. -May 18, 2014: Tharuka Nilan (32) who was arrested over the killing of a Police Constable attached to the Kurunegala Police died while in the custody of the CID. -May 8, 2014: P.H. Sadun Mallinga (17) who was arrested over alleged treasure hunting died while in the custody of the Badulla Police. -April 5, 2014: A 42-year-old person who was arrested for driving under the influence of alcohol died while in the custody of the Anuradhapura Police. -March 11, 2014: An alleged underworld figure called Paalan-kada Heen Malli who was arrested over the killing of a businessman in Ratnapura died while in police custody. -July 5, 2013: Mohammed Azmir alias Mamazmi was shot dead while the suspect was being escorted by a group of STF personnel to uncover a weapons cache. -November 22, 2013: The key suspect in the murder of a Police Constable and his wife in Kamburupitiya, was shot dead when he was taken to a hideout in search of weapons. -November 26, 2013: Two more suspects arrested over the killings of the same Police Constable and his wife in Kamburupitiya, had drowned after reportedly jumping into the Denagama River, while trying to escape from the police custody. -September 26, 2013: Yakkala Arachchige Ariyadasa alias Kapila of Walasmulla who was arrested over an alleged robbery, died while in police custody. ——————————————-- Commercial sex worker exposes nature of Sri Lanka Police During the last two weeks, a video showing a policeman beating a young woman on a public road in Ratnapura, Sri Lanka, has generated heated discussion in the media. Reactions shown in the media and in social media such as facebook show public contempt for the behavior and conduct of the police. What is near comic is the manner in which the police spokesman reacted to the video and the subsequent developments. When the video was first shown, the spokesman’s reaction was that as the video is unreliable no action could be taken on this matter. As media heat grew, the spokesman declared that the particular policeman seen in the video beating the young woman with a wire has been identified. Sometime later, the same spokesman announced that this particular officer has been interdicted. Thereafter, the police spokesman’s repeated message was that a police team has been deployed in trying to identify and obtain a statement from the particular woman concerned, but that she appeared to be in hiding and therefore, it was not possible to obtain her statement. While the police spokesman was repeating this story, the woman who was beaten began to reveal her ordeal in public. Besides holding a press conference, she also gave an exclusive interview to a local TV channel, and said that she was a resident of Kanadola in Ratnapura, and that the particular police sergeant had asked her to come with him to an inappropriate location on several occasions and when she had refused for the third time, he plotted revenge. She revealed that the police officer had assaulted her with a wire while uttering filthy and abusive language at her and he had also kicked her when she fell on the ground. The police sergeant’s name has now been revealed as P.P. Thissera. The amateur video footage of the incident has been taken by a witness with a mobile phone, and it has been distributed widely through the social media making the incident a talking point among Sri Lankans everywhere. What is more shocking is the manner in which several police officers including a Headquarters Inspector (HQI) treated the woman after the incident. Ganga, the young woman involved in the incident, has revealed how police officers kept her at a police station for several hours, attempting to get her to agree to be silent about the incident. At one instance, the policemen offered Rupees 3,000 to her. All her attempts to have a complaint registered failed. Ganga then filed an application before the Supreme Court claiming the violation of her rights and demanding a Rupees 50 million in damages. A team of lawyers assisted her. And, after filing the fundamental rights application, she held another press briefing and explained her position. She openly told the press that due to extreme poverty she makes a living as a sex worker. Despite enormous publicity, with photographic evidence of brutal police assault, to date, the police sergeant in question has not been arrested or charged with a criminal offence. Clearly the criminal offence falls under the CAT Act No. 22 of 1994. In terms of this Act, any public officer who commits an act of torture can be charged with an offence punishable with up to 7 years rigorous imprisonment and/or a Rupees 10,000 fine. The photographic evidence establishes that there is evidence to charge the police sergeant under this law. Besides photographic evidence, there is also evidence of the victim and the existence of several other eyewitnesses. |
CategoriesSupporting Human Watch Sri Lanka with a regular gift or donation is the best way you can help us achieve our long term goals.
Your help will allow us to keep up the pressure, demanding justice for victims of human rights abuses. |