Posted on February 7, 2010 by srilankalawlessness
The Asian Human Rights Commission urges prompt action from IGP on the case of missing journalist, Prageeth Ekanaliyagoda
Prageeth Ekanaliyagoda has been missing since the 24th of January 2010. His wife made a statement to the police on the 25th and sought their intervention and investigation into the matter. She has also made complaints to other Sri Lankan authorities. She made a further statement to the Human Rights Commission of Sri Lanka. A complaint has also been made on her behalf to the United Nations Working Group on Disappearances. However, up until now, there is no significant action taken to find the whereabouts of Mr. Ekanaliyagoda by the police or any other Sri Lankan authority.
The following are the actions any police authority would usually take in the case of complaints relating to missing persons, which the Inspector General of Police (IGP) can also take at least now.
1. Appoint a special unit of inquiry from the CID to investigate this matter and to make a report to the IGP on an urgent basis. Read more »
Filed under: IGP, Sri Lanka, corruption, disappearances, human rights, justice, media, police, rule of law | Leave a Comment »
Posted on February 5, 2010 by srilankalawlessness
“Ekanaliyagoda’s family constantly told the investigating authorities and the public through the media that they do not suspect any other reason for his disappearance except for political revenge.”
The disappearance of Pregeeth Ekanaliyagoda, a political analyst, journalist and visual designer, attached to LankaENews; the arrest of Chandana Sirimalwatta, the editor of the Lanka newspaper and the assassination of Chandaradasa Naiwadu, the JVP Urban Council member at Ambalangoda are among the acts of violence reported during the election for the executive presidency in Sri Lanka. They were all persons who supported the joint opposition campaign on behalf of the retired army commander, Sarath Fonseka. The issue of violence in the election was raised at a press conference organised by the Commissioner for Elections this week. His explanation was that since the adoption of the 1978 Constitution the type of politics seen during the election is quite normal and that even in future elections a similar pattern of violence will continue. There has not been any attempt by the government to investigate any of the incidents mentioned above or any other acts of violence.
All three persons mentioned above are, or were, intellectuals who represent different points of view and are persons who dared to express their opinions even in the midst of a very intense culture of political violence. Read more »
Filed under: Sri Lanka, abductions, corruption, disappearances, election violence, fundermental rights, human rights, media, police, politics, rule of law, violations | Leave a Comment »
Posted on February 1, 2010 by srilankalawlessness
On the 26th January the election for the position of Executive President was held in Sri Lanka and the election commissioner declared the incumbent president, Mahinda Rajapakse, as the winner. The common candidate for the opposition, retired general Sarath Fonseka, rejected the results stating that the announced results were false due to the prevalence of violence, electoral fraud and tampering of the counting process itself. The commissioner while announcing the results to the nation in a televised message stated in strong terms that he was subjected to severe pressure and humiliation to an extent that he was unable to bear it any longer. All commentaries on the election commissioner’s speech interpreted it to indicate that he was not satisfied with the conditions under which he had to carry out his duties in conducting the election in a free and fair manner.
Very clearly, the question as to whether Sri Lanka is any longer capable of conducting a free and fair election has been raised in this election. Read more »
Filed under: President, Sri Lanka, abductions, civil society, corruption, election violence, fundermental rights, human rights, justice, media, politics, rule of law | Leave a Comment »
Posted on January 25, 2010 by srilankalawlessness
The election for the Executive President will take place on the 26th January. This election will test the sovereignty of the people as enshrined in the Constitution and the possibility of genuine election in Sri Lanka as required by the International Covenant on Civil and Political Rights.
Article 25 of the International Covenant on Civil and Political Rights provides the right of the people to vote to be election at genuine and periodic elections which will be by universal and equal suffrage and shall be held by secret ballot guaranteeing free expression of the will of the electors.
In terms of Article 3 in the Constitution of the Democratic Socialist Republic of Sri Lanka, “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.” Voting for the formation of a government needs to be genuine. Genuineness would be that the people would have the complete freedom to exercise their franchise without fear and thereby to express their political will as they wish. An election that is not genuine is not an election at all. Read more »
Filed under: 17th Amendment, Depatment of Election, President, Sri Lanka, attorney general, civil service, election violence, human rights, justice, politics, rule of law | Leave a Comment »
Posted on January 22, 2010 by srilankalawlessness
“The responsibility for this situation is clearly with the government and particularly with the President himself. It is not enough for the head of the state to make statements supposedly to condemn the violence without taking direct command of the situation himself.”
According to reports, the election commissioner has expressed his frustration about the failure on the part of the government to comply with the instructions that he has issued for the purpose of carrying out the presidential election.. He has complained about the issue of state resources and the failure on the part of the state media in particular to carry out his instructions relating to the non-misuse of the state media for electoral purposes. Expressing his intense dissatisfaction he has told representatives from political parties that he will not continue in his office once his election duties are over.
The spokesman for the government when questioned about this matter by a member of the press did not deny the situation that has arisen. He merely stated that it is not only the government that is not complying with the Commissioner for Elections but also the opposition. Accepting allegations against the government spokesman did not even deny the fact that the orders of the election commissioner have been openly flouted by the government. Read more »
Filed under: Depatment of Election, President, Sri Lanka, civil society, corruption, election violence, fundermental rights, justice, media, politics, rule of law | Leave a Comment »
Posted on January 19, 2010 by srilankalawlessness
“What is this election for and what kind of political office that requires this kind of violence are questions that any rational person should ask themselves. However, there seems to be no room for any kind of rational discourse in the ethos of this election.”
Four people have now been killed due to election violence during this presidential campaign. This campaign is for electing the highest political officer in the nation. The very fact that the election for the highest political officer for the nation has become one beset with continuous violence and killings itself is perhaps a crystal clear indication of the level of absurdity to which the political system of Sri Lanka has fallen.
Ever since the executive presidential system was introduced elections have been marked by intense violence. Somehow winning the election has become the goal of the contest which in the real sense is not a contest at all. To get to the office that has no limits to its power the path has been set that also has no limits at all in terms of violence or anything else recognised within a civil society. Read more »
Filed under: Depatment of Election, Sri Lanka, civil service, civil society, corruption, election violence, human rights, justice, politics, rule of law, violations | Leave a Comment »
Posted on January 18, 2010 by srilankalawlessness
“Re-establishment of the authority of public institutions, including that of the election commissioner, and the regaining of the constitutional process within a system that effectively recognizes the separation of powers principles, would require understanding of the recent problems in a different manner.”
The groups engaged in monitoring into the election have reported about flagrant violations of election laws, use of state assets illegally and the use of violence, noting that in Sri Lanka today the collapse of the electoral system on an unprecedented scale is taking place. The election commissioners own comments about the absence of cooperation between him and the government have also been very widely reported.
None of these observations would come as a surprise to anyone who has been an observer of the constitutional process in Sri Lanka. The collapse of public institutions has taken place over a long period of time and the whole debate on the 17th amendment to the constitution is merely a reflection of the extent of this collapse. The source of the collapse is the very nature of the constitutional arrangement in the 1978 constitution, which has placed all power in the hands of a single person who holds the office of the Executive President.
The collapse of all public institutions, including the electoral process, is the necessary result of the political process initiated through the introduction of the executive presidential system. The existence of the executive presidential system in Sri Lanka and any form of democratic government, or even a rational government, are incompatible. Read more »
Filed under: 17th Amendment, Constitution, Judiciary, President, Sri Lanka, civil society, civil war, corruption, crime, election violence, fundermental rights, human rights, justice, rule of law | Leave a Comment »
Posted on January 12, 2010 by srilankalawlessness
Four Tamil prison inmates in Jaffna Prison were hospitalised today, 11th January, after they had fallen seriously ill due to a hunger strike they had undertaken for their release from detention under the Prevention of Terrorism Act. They are among thousands of Tamil detainees in several prisons who have been held under the PTA for a long period now. The prisoners detained under the PTA in Sri Lanka have undertaken a hunger strike which has lasted for a considerable time now demanding that they be released or that legal action be taken against them before court following the due process of law.
The government has so far failed to take effective action in order to ensure justice for prisoners arrested under the Prevention of Terrorism Act although the war against the LTTE has been declared to have been brought to an end by the middle of May, 2009. Read more »
Filed under: Judiciary, PTA, Sri Lanka, civil society, civil war, human rights, justice, police, rule of law | Leave a Comment »
Posted on January 11, 2010 by srilankalawlessness
The Sri Lankan customs department has detained a series of books on human rights sent for free distribution to libraries. The books sent by the Asian Legal Resource Centre to the local human rights organization, Janasansadaya (Peoples Forum), are books relating to the basic human rights issues and matters relating to the rule of law. These are well known books that have been distributed in many countries in Asia. The list of books consists of around 100 titles.
The Customs Department has not given any reason for the detention of these books. Representations have been made for their release, however, the Customs Department have not replied to any of the letters sent so far.
The secretary of Janasansadaya, Chitral Perera stated that initially, the Assistant Director of Baggage of the Customs Department received these books and was unwilling to release them. He stated that if the books were to be released it may be a threat to his job. When asked as to why this should be the Assistant Director was not able to give any explanation. Read more »
Filed under: Customs Department, Sri Lanka, fundermental rights, human rights, illegal detention, politics, rule of law | Leave a Comment »
