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 »

Enjoying Revenge

Posted on August 24, 2010 by srilankalawlessness

Two cabinet ministers laughed in public about the police assault of two opposition Members of Parliament at the Galle police station. They added to their laughter by adding to the story, saying that nothing else is to be expected when anyone tries to assault police officers inside a police station. That was a twist to their merriment. The two ministers were also showing that truth is whatever they say it is. Truth was unimportant. They also referred to JVP’s past, saying they have done this kind of thing in the past. Ha, Ha, Ha.

If a Tory MP was assaulted, by some strange chance, the reaction of the Labor government (or vice versa) would be very different. There would have been an expression of horror and immediately there would have been action against the police officers through a high level inquiry. The political coloring of the victim MPS would have been irrelevant. The status of the Members of the Parliament would have been the primary consideration. All attempts would been taken to assure the public that such things are not taken lightly.

The least that the two ministers could have done before they opened their mouth on the incident was call for an inquiry and to wait for the report. That way they could have kept their own dignity and helped to preserve the dignity of the position of the members of parliament. (more…)

Filed under: civil war, extrajudicial killings, human rights, justice, police, 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 »

Indebtedness, Lawlessness and Investment

Posted on June 15, 2010 by srilankalawlessness

Sri Lanka’s police system cannot even deal with crimes like rape, murder and theft. It is corrupt to the core.

 A BBC news report has revealed that over 99% percent of the Chinese contributions to the Sri Lankan economy are loans. These are loans either given by the government or by the Chinese banks. Then there are loans taken from other countries, and also from commercial banks. The country today is run entirely on the basis of loans. Investments from outside are small and negligible.

There is a vast difference between of development models based on borrowing and those that rely on investments. Southeast Asian development, which is talked about a lot these days, was based on creating climate to bring in foreign investments. Malaysia and Singapore are usually spoken of as investment based models . In both countries with a proper policy of investment and certain grantees to the investors the new investment came in. This improved the economy, provided greater employment and also improved the condition of people as a whole. Creating conditions for investment in this manner requires a sophisticated understanding of international business as well as a capacity to develop local policies in order to consolidate an economy to answer the problems that the economy is faced with at a given time. (more…)

Filed under: corruption, crime, police, politics, 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 »

Absence of fairness and executive control of legal process

Posted on April 1, 2010 by srilankalawlessness

No citizen has a special privilege where committing crimes is concerned. Whether the crime is that of murder or rape, income tax fraud or the non-disclosure of information relating to income, it makes no difference. All citizens are bound by the same laws and therefore, those who violate such laws, irrespective of their standing in society; they should be subjected to the same consequences.

The unfortunate situation in Sri Lanka is that this elementary principle does not operate in the country. On the one hand some are allowed to commit crimes and get away with it while on the other certain persons are selected for prosecution and punishment. In this situation there is an underlying arbitrariness and unfairness. It is this unfairness in the operation relating to the basic law with regard to the crimes themselves that justifies the classification of Sri Lanka being among the most lawless countries in the world. This is not due to the lack of laws but rather the lack of the principles of fairness in the application of the laws.

“Having similar crimes and similar methods of dealing with complaints regarding criminal activities is the very essence of a society based on the rule of law and justice. Citizens must be able to complain when crimes are committed should expect that similar investigations and other legal measures will be taken to deal with these crimes.” (more…)

Filed under: civil society, corruption, crime, extrajudicial killings, fundermental rights, human rights, Judiciary, justice, media, police, politics, rule of law, Sri Lanka | 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 »

IGP urged to act promptly in Ekanaliyagoda’s case

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. (more…)

Filed under: corruption, disappearances, human rights, IGP, justice, media, police, 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 »

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