Reflections on Sri Lanka’ Constitution

Posted on October 7, 2010 by srilankalawlessness
H.A. Parackrama Karunaratne (28) of No. 34, Badiwewa, Ma Oya,Jayanthipura, Polonnaruwa went to make a complaint of gambling near his house. He was arrested, tortured and hand cuffed to a tree while his other wrist was cuffed to his leg by a sergeant of the Ma Oya Police Post on 26 April 2010.

The picture above speaks for itself. It depicts what happened to a young man who went to get police assistance to stop illegal gambling happening near his house.

When the man went to police station to find about what action had been taken on his complaint the police sergeant who had earlier taken down the complaint behaved strangely. The picture shows what he did to the complainant.

Why did the sergeant do that? No Sri Lankan will find it hard to guess — the gamblers knew how to get the police officer on their side.

There is nothing unusual about the story. It is now, more often than not an example of what happens in both small and very serious matters.

The citizen that does the right thing gets into trouble and one who dares to do wrong thrives — in everything — business, politics et all.

The situation prevailing in the country is what is known as abysmal lawlessness. To go by the law is to be the loser while the law breaker is the winner.

The all important question is how did this come about? How did this happen? The answer is very simple – it was by way of the country’s constitution, which was adopted in 1978. It was a constitution made to defeat law and discipline; to create an almighty ruler, who is above the law — a supremo — a brother who is number one.

The result is the chaos we see every day.

To fail to understand this is to fail to understand anything about Sri Lanka.

Without law, without control of corruption, what can policing mean, except what is depicted in this cartoon.

The case mentioned above took place a short time ago. For details please refer to the story below; (more…)

Filed under: abductions, Constitution, corruption, fundermental rights, illegal arrest, illegal detention, Judiciary, justice, police, politics, rule of law, Sri Lanka, torture, violations | Leave a Comment »

A three-part study on the crisis in institutions for administration of justice in Sri Lanka

Posted on July 1, 2010 by srilankalawlessness

This year I was able to complete my work on the relationship between the crisis in institutions for administration of justice and its consequences for the realisation of human rights in Asia. This work consists of three publications. The first was The phantom limb, which was published in 2009. It was followed by Recovering the authority of public institutions, which was also published in 2009. This year the work was completed with another publication, Sri Lanka: Impunity, criminal justice and human rights. Though all three books are studies of Sri Lanka, they are intended as case studies of a problem common to almost all parts of Asia, except for some places like Hong Kong and South Korea with comprehensive rule of law systems.

Stating the problem

The phantom limb: Failing judicial systems, torture and human rights work in Sri Lanka (AHRC, Hong Kong, 2009, 80 pp)

The first publication is perhaps the most important one in its articulating of the basic understanding of the problem. A medical doctor who attended a presentation I made on the absence of institutions for administrations of justice and its impact on human rights suggested the term “phantom limb”. In response to my speech, he said that the situation I described was known as the phantom limb syndrome. An amputee who has lost a limb continues to imagine that he has that limb and even feels pain in the limb. The problem of institutions for administration of justice is similar. (more…)

Filed under: abductions, civil society, crime, extrajudicial killings, fundermental rights, human rights, Judiciary, justice, police, politics, rule of law, Sri Lanka | Leave a Comment »

The failure of international journalism in Sri Lanka

Posted on June 29, 2010 by srilankalawlessness

“Today, what remains of democracy and the rule of law in Sri Lanka is no different to the dream that amputees have about the continued existence of their lost limbs. The phantom limb complex prevails, while in reality, justice is impossible for those who have been victims of political crimes, as well as those who have suffered serious crimes, such as murder or rape.”
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For many decades now, international journalists have interpreted every story that has emerged from Sri Lanka to be some kind of war story. Some journalists have proposed that Sri Lanka’s use of overwhelming force was able to eradicate terrorism in the country, and that other countries such as the United States, should follow suit. The pathetic failure of international journalism is demonstrated by these endeavours.

In recent years, Sri Lanka has undergone a systemic collapse, as the rule of law system and any semblance of democracy have crumbled. This is a story that has never been portrayed adequately by international journalists; instead, almost all journalists continue to refer to Sri Lanka as a democracy. Journalists focus on Sri Lanka as a war zone, and there is little reflection about the development of Sri Lanka outside of the discourse of war.
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Depuis maintenant plusieurs décennies, les journalistes internationaux ont interprété toutes les histoires venues du Sri Lanka comme autant d’histoires de guerre. Certains ont suggéré que l’utilisation massive de la force a permis d’éradiquer le terrorisme au Sri Lanka et que d’autres pays comme les Etats-Unis devraient suivre cet exemple. Ces tentatives d’analyse démontrent l’échec pathétique qu’a connu le journalisme international au Sri Lanka……..

Click here to read full text of this article in French

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In the south, the Sri Lankan government carried out one of the most ruthless acts of repression in history, killing tens of thousands of civilians between the 1970s and 1990s. (more…)

Filed under: abductions, Constitution, corruption, disappearances, extrajudicial killings, Judiciary, justice, media, rule of law, Sri Lanka | Leave a Comment »

Nattami who fought against police brutality

Posted on June 3, 2010 by srilankalawlessness

Ugly Things and Beautiful People—Part 1

 He was an old man, surely over the age of 70. He wore a sarong and an old shirt. By looking at him one could tell that he was obviously a very strong person. He was tall and dark in complexion. One day he went to talk to two lawyers; both were much younger than he and physically lesser in stature and he had no particular reason to trust either of them. However, he had come in search of help and knew that he needed to talk to them. He had already tried with a few others and failed but could not afford to give up.

He repeated his story to two lawyers. It was about his 17-year-old grandson who had been arrested by the police for no apparent reason. Having learned of the arrest he went to the police station and found the boy lying unconscious on the floor of a holding cell. Thinking that the boy was dead he cried out in anguish; a cry that came from the depths of his soul. He then shouted out at the top of his voice, “You have killed my grandson”. (more…)

Filed under: abductions, attorney general, civil society, corruption, extrajudicial killings, human rights, illegal arrest, Judiciary, justice, police, Poverty, Sri Lanka, Supreme Court, torture, violations | Leave a Comment »

Samples of brutality that happened in the late eighties

Posted on May 6, 2010 by srilankalawlessness

MCM Iqbal, Secretary to several commissions of inquiry in Involuntary Disappearances recalls some of narratives of cases told by witness before the commissions. This is from a taped interview with Basil Fernando

 Since I was secretary at two of the separate evidence commissions that were conducting inquiries into disappearances during the so-called period of terror, from the late 1980s to the middle of the 1990s I was able to listen to the evidence given by many of the complainants personally, I was present when the inquiries were being conducted.

And some of the cases remain in my mind, because they were so gory, such brutal cases that I can recollect most of the information pertaining to them. I will just narrate a few of them to give a sample of the kind of brutality that existed during that period.

There was a mother, she was about 60 or a little more than that, who came before the commission. She said that since her son had disappeared, she had been looking for him everywhere until she heard from somebody that there were hundreds of heads of people who had been killed and planted on posts around the valley, on Kappetipola Road in the hill country of Sri Lanka. (more…)

Filed under: abductions, child rights, civil society, corruption, disappearances, human rights, police, rule of law, Sri Lanka, torture, violations, witness protection | Leave a Comment »

A new lie – police training without constitutional reforms

Posted on February 27, 2010 by srilankalawlessness

Peter Mountford who returned from a visit to Sri Lanka writes in an article ‘Sri Lanka’s hr and free speech problems need international attention’ (Seattle Times Editorial 27th February):

At the core of Sri Lanka’s problems is a rotten constitution, which gives the president near dictatorial power. Opposition members in parliament are easily bought through cushy ministerial appointments, and the chief justice of the Supreme Court is appointed by the president.

This core problem about the constitution is no secret or mystery to anybody except for some people in the so-called Ministry of Disaster Management and Human Rights who claim that they are writing a human rights plan for Sri Lanka. In that plan there is nothing that deals with the ‘rotten constitution’ that creates the all the human rights problems in the country. In fact, the rotten constitution is the real disaster that the country is faced with. (more…)

Filed under: abductions, civil society, Constitution, corruption, disappearances, extrajudicial killings, fundermental rights, human rights, justice, media, police, politics, President, rule of law, Sri Lanka, Supreme Court | Leave a Comment »

Cry of three women and water canon in the streets

Posted on February 12, 2010 by srilankalawlessness

“These women are crying for justice in a background in which the incumbent president, Mahinda Rajapakse, has begun his second term. In the government camp there are celebrations and boundless boasts about their great victories. There is triumphalism exhibited in every possible way, and of course, the photographs appear of boundless joy in the families close to the president’s side.”

During the last week, three women have tried to speak to their nation about the tragedy each of them faced. One is Sandya Eknaliyagoda, the wife of Prageeth Ekanaliyagoda, the disappeared journalist; another is Hemali Abeyratne , the wife of Chandana Sirimalwattha, the detained editor of Lanka E-News and the other is Anoma Fonseka, the wife of the popular politician, former military commander and the common candidate for the opposition in the last presidential election, Sarath Fonseka. They all call for respect for the basic rights of their husbands and ask the nation to assist them in finding justice. (more…)

Filed under: abductions, civil service, crime, Defence Ministry, Depatment of Election, disappearances, fundermental rights, human rights, illegal arrest, illegal detention, Judiciary, justice, media, politics, rule of law, Sri Lanka | Leave a Comment »

Disappearance of a political analyst critical of the president

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. (more…)

Filed under: abductions, corruption, disappearances, election violence, fundermental rights, human rights, media, police, politics, rule of law, Sri Lanka, violations | Leave a Comment »

The country’s capacity for holding free and fair elections in doubt

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. (more…)

Filed under: abductions, civil society, corruption, election violence, fundermental rights, human rights, justice, media, politics, President, rule of law, Sri Lanka | Leave a Comment »

Election requires peaceful, rational dialogue

Posted on January 4, 2010 by srilankalawlessness

The long years of civil war in Sri Lanka deeply impacted all areas of life in the country. One major area to suffer was the media. This was natural, as parties involved in the conflict not only fought the war on the military front but also on the propaganda front.

Therefore, people mostly got exaggerated and distorted versions of reality from the media, which was designed to meet the needs of the war and to respond to the propaganda of the Liberation Tigers of Tamil Eelam. The LTTE had a formidable propaganda capacity and it was natural for the state to compete in an attempt to defeat their propaganda.

A propaganda war creates deep, hard attitudes in media personnel as well as within audiences. While the media grows accustomed to creating the type of propaganda that suits the war, audiences develop an appetite for the same depending on which side they support. In all publications, people view what they read either in favor of the party they support or against the opposition. (more…)

Filed under: abductions, civil society, civil war, crime, election violence, extrajudicial killings, human rights, justice, media, politics | Leave a Comment »

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