An election to select a Dictator

“People are faced with the problem of trying to save themselves from a political system that is that has virtually destroyed all the basic public institutions within the country. What the people need to express their vote for, is not to give a further assent to a system that is destructive of the nation but in order to destroy the system as it exist now and to return back to democracy.”
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In Sri Lanka now everybody’s discussion is about the presidential election which is to be held by the end of January 2010. All Sri Lankans will be exposed to the harassment of excessive propaganda on this issue in the coming two months. The heat in this discussion is not about some of the country’s major economic, political and social problems. It is more about an individual who may become the all powerful person within the country. In the Sri Lankan political system, the executive president virtually enjoyed absolute power very much like the monarchs of feudal times.

The election that is held prematurely two years before its time is made with the hope of exploiting victory over the LTTE for the purpose of getting a second term for the incumbent president. He is challenged by a joined opposition which is seeking a common candidate . The likely candidate is the former army commander whose claims are based on leading the military in the final struggle against the LTTE. Both will try to claim the highest powers within the country on the basis of this military victory.

However the country’s major problems now are the instability of the economy , solving growing unemployment and extremely difficult living conditions that are faced by the people throughout the country. More than any other time, the common problems of all communities, Sinhalese, Tamils, Muslims and others, have surfaced as against a peculiar problems of any particular community. Read more »

Anniversary of Gerald Perera’s murder: The ASP who was never prosecuted

Gerald became a friend of mine through unfortunate circumstances. He was the victim of torture at the hands of an Assistant Superintendent of Police and a group of policemen attached to the Wattala police station.

Further misfortune was to follow. The Supreme Court of Sri Lanka, presided over by late Justice Mark Fernando, granted him all the relief that he claimed by holding against all police officers and awarding a recorded sum as compensation in a fundamental rights case.

It was only at this stage that Attorney General’s department thought of launching a criminal investigation against the police officers, which finally led to the filing of an indictment under the Convention Against Torture Act. Read more »

Dictators and death threats in Sri Lanka

This week, Burma’s head of state and military dictator Senior General Than Shwe visited Sri Lanka. He is an unwelcome visitor to many parts of the world due to the complete destruction of democracy in his country, but his welcome by the Rajapakse regime comes as no surprise. Politically speaking, the closest that the Sri Lankan model of governance is coming to is Burma.

At one time, Sri Lankans would have been proud to claim Aung San Suu Kyi, Burma’s longstanding political prisoner fighting for her country’s democracy, as their own. However, as for the ruling regime, the loyalties have clearly changed. Authoritarian rulers like to embrace their own.

This was another dismal week for human rights in Sri Lanka.

Employees of the Sri Lanka Ports Authority complained of death threats while engaged in a work-to-rule action for better wages. The employees complained that for four years there had been no increase in their wages, although living costs have been rising steadily and significantly.

On Wednesday, after employees had successfully completed a full day’s work-to-rule action to put pressure on the authority to deal with their demands, several leaders complained that they and other employees had received death threats. One employee complained that he was assaulted. Read more »

Presidential power must be curbed in Sri Lanka

Presidential and parliamentary elections in Sri Lanka are expected in the coming months. The government’s approach is to rely on its victory over the Liberation Tigers of Tamil Eelam to consolidate its power for a further term. Its statements do not indicate any significant changes to existing policies or programs.

In previous presidential elections, the government promised to abolish the executive presidency. However, it is approaching the coming elections with a view to consolidating the power of the executive president.

Meanwhile, all opposition parties have placed the abolition of the executive presidency in their manifestos and high on the agenda of their party platforms. However, they have not explained what power arrangements would Read more »

Policing system needs an autopsy

“Despite of even senior retired police officers openly talking about the serious collapse of the policing institution in the country the Sri Lankan public refuses to take serious notice of the failure of the primary institution of law enforcement in the country.”
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 a18-sri3-480Many reactions to the killing of B Sivakumar by several policemen in an attempt to arrest him treat the issue as a matter of malice of society rather than an issue of extrajudicial killing by a group of policemen. If the matter is looked at from the point of view of extrajudicial killings by policemen, then the incident would not be treated as some sort of an exception at all, but rather as one of many such killings that are happening in Sri Lanka almost every day. The Sri Lankan police are notorious for extrajudicial killings. Whether the killing happens by way of misadventure in the attempt to make an arrest, or a deliberate killing under the pretext of self-defense, is not significant. In all instances, the police officers are responsible for the murder of the person.

However, the Sri Lankan public refuses to deal with the matter as a problem of policing in the country. The police are supposed to have the training and the discipline to deal with arrest and are expected all the time to act rationally and to use their discretion in doing so. However, the Sri Lankan police in making arrests so often behave more like a bunch of hounding dogs attacking prey. For the prevalence of this mentality, it is those who control the policing system who are responsible. However, today there is no one to take such responsibility. Read more »

Bambalapitya incident: Government is responsible for the police brutalities

oie_oie_2054Kochchitaya_Gal_Gasu_Kolla_JThe incident at Bambalapitiya regarding the pursuit of a young man by the police to the sea and allowing him to die there is another cruel incident that demonstrates the type of policing that exists in Sri Lanka. Police hounding people like dogs is a demonstration of the way that arrests are done. The only exception in this case is that the way that this was done has come to knowledge of the public due to the presence of some persons and a video camera that caught the incident. However, if all the incidents that happen daily at the police stations in Sri Lanka were to be caught on camera, it would show that this incident is no real exception.
The people of Sri Lanka know that this is what is happening at their police stations. However, there is passive acceptance of this kind of cruelty. The media rarely report police brutality and some local reporters unfortunately get their reports from the police themselves. Read more »

Another journalist complains of death threats

The editor of Satana, a local newspaper in Sri Lanka, has complained of receiving constant death threats over the past few days. In a telephone interview to the Asian Human Rights Commission on Tuesday, editor Senaka Ekanayake said that people unknown to him were visiting his house in search of him.

Ekanayake further said that despite lodging complaints with the Sri Lankan police and other authorities, he has not received any protection. He is now living in hiding, fearing for his life and unable to continue his work as a journalist.

The former editor of the same newspaper, Rohana Kumara, was assassinated on Sept. 7, 1999, after he published information against the government of the day. Kumara’s assassination is a well-known case in Sri Lanka and to date no one has been arrested or prosecuted for his murder.

Ekanayake has been arrested and remanded to judicial custody on two occasions for periods of ten months in relation to his investigative journalism. Read more »

Rains in Sri Lanka, once a blessing, now a curse

flood_16_08_09_2The people of Sri Lanka have always looked forward to the rainy season, which generally begins in October and ends in January, as it brings many blessings. It brings much needed water to the paddy fields and assures food for the year to come. It also fills the reservoirs. Many of the blessings for the year ahead also depend on rains from the heavens.

However, for the nearly 300,000 people in camps for internally displaced persons, the expectation of rain this year will not create such feelings of joy. In fact, for them it will bring enormous adversity. Leaking roofs, overflowing gutters and swamp-like conditions are what they will have to expect. Their relatives living outside, the people of goodwill in the country, Read more »

The absence of legal protection – does the law mean anything?

agulana_06“Does the law mean anything in Sri Lanka for such citizens? As almost every citizen belongs to similar categories as the persons mentioned above, it may be justified to ask, what the law means in Sri Lanka to its citizens who are entitled by law for protection but are deprived, in fact, of such protection.”
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 The two boys who were murdered by the Angulana police, Ranga Bandara, MP, or a child in an IDP camp, all have one thing in common as Sri Lankans; they have no protection in law.

Yet according to the legal enactments each is entitled to protection. The Angulana boys were entitled under the law to be arrested only on suspicion of a criminal charge, to be treated humanely during detention and if there were any charges, to be produced before a court within 24 hours. As for Ranga Bandara, MP, according to the law there were many kinds of protection available. As a Member of Parliament he had the right to special protection. As a citizen of the country he had the right to have his property protected. Further he had the right when a crime was committed against him to expect an independent and impartial inquiry by competent investigators and to have the perpetrators of the crime prosecuted. Read more »

The Arson attack and the abysmal lawlessness

2081Palitha_RangeBandara_JThe opposition politician Ranga Bandara’s house was burned to cinders on the evening of the 4th October. Sometime earlier, the house of another opposition politician, John Pulle, was similarly raised to the ground.

In any place where the rule of law exists, even to a basic level, this kind of action would be deemed incredible. However, in Sri Lanka the event is treated as yet another trivial event in the political ’samsara’. There will be a few noises and the government will promise inquiries but in all likelihood no serious action of any credible nature, in terms of criminal justice, will happen.

In a rule of law state this kind of attack on politicians is a most unlikely event for the following reasons:

Prevention

The policing system of the country has its own capacity to detect crime and to prevent such attacks. The strength of a rule of law system is that it has sufficient Read more »