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 »

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 »

No justice–no nation–one justice–one nation

Posted on April 9, 2010 by srilankalawlessness

“The common criteria for justice and the capacities to mete out those criteria which are available to all the citizens is the only common bond that would last and would ensure that differences are ironed out by ideologies of tolerance and linkages are built among the groups and sectors of society.”

What makes a nation a nation is above all the justice that prevails within that nation. It is justice that creates the bond between the people. Justice connects one with the other. Justice among the people is the one thing that is common to all in a nation if it exists. Justice binds one person or group or a particular nationality with different races and religions. Justice provides the actual bondage between genders. Justice creates the bondage irrespective of culture and language. Justice is the common language of a nation that wants to stay together and the absence of justice is the characteristic of any nation that courts disunity, instability, violence between groups and individuals. Without the bond of justice no other kind of reconciliation or inner levels of understanding and friendship can be built.

However, this area of the presence and absence of justice has ceased to be discussed when dealing with problems of violence, conflicts and the problems of dealing with even issues of terrorism and anti terrorism. Once the factor of justice is removed from the discourse of any of these subjects, voluminous discourses can be created but no real solutions can be found to any of the problems that are being discussed. In an attempt to undo violence more violence is created which in turn creates counter-violence and the cycle goes on. In the attempt to impose the power of one group over another a similar kind of cycle takes place where one power is resisted by another power which at the end develops into conflict. Conflicts in turn develop into direct or indirect violence and violence enjoys the cycle mentioned above. (more…)

Filed under: civil society, disappearances, extrajudicial killings, justice, politics, rule of law, Sri Lanka, violations | Leave a Comment »

Sarath Fonseka’s case – Sri Lankan society is the loser

Posted on March 1, 2010 by srilankalawlessness

In talking about Sarath Fonseka’s case and Prof. G.L. Peiris’ media conference some argue that justice should not only be done but must also be seen to be done. However, a course of action which is basically unjust cannot be made to seen as just purely by procedural means. To attempt to do so is hypocrisy and not justice.

Beginning with J.R. Jeyewardene’s initiative to deprive Mrs. Sirimao Bandaranaike’s civil rights with the view that he could win the election more easily without the most competent rival, to the course of action taken against Sarath Fonseka is just one course of action to deny a fair contest. This denial of a fair contest cannot be made just by mere procedural appearances. (more…)

Filed under: civil society, Depatment of Election, election violence, justice, media, politics, President, rule of law, Sri Lanka, violations | 1 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 »

Electoral violence and the sovereignty of the people

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. (more…)

Filed under: civil service, civil society, corruption, Depatment of Election, election violence, human rights, justice, politics, rule of law, Sri Lanka, violations | Leave a Comment »

Conversations – Sri Lanka: A murder tolerating nation – Part One

Posted on December 20, 2009 by srilankalawlessness

(This is first of a series of conversations on the contemporary situation of Sri Lanka)

“The rebels were marked by their anarchic tendencies rather than in trying to fight back against what are evil in society with a view to create a better society. They showed a similar lack of concern for the security of human life as the state itself. Thus the situation that remained within the Sri Lankan context is one where murder is by the state as well as the rebels.”

 What we are facing in Sri Lanka today can be described without any exaggeration as a very crazy situation. There is hardly anything rational that an average citizen could expect from his society.

The saddest aspect of this craziness is the level of fear that is spread through the entire society. Nobody wishes to do what would normally be called the right thing or the better thing because of the type of repercussions that can be expected to their lives or the lives of their families.

Let us take the case of a doctor who sees the gross neglect that is around his patients. If he sees the lack of medicine or the lack of basic facilities he finds difficulty to speak and talk about these things. In private conversations he might. Otherwise he will not make any kind of visible protest in order to get things done. (more…)

Filed under: abductions, civil society, corruption, crime, disappearances, extrajudicial killings, human rights, justice, media, police, rule of law, Sri Lanka, torture, violations | Leave a Comment »

Seeking human rights in Sri Lanka is difficult

Posted on December 12, 2009 by srilankalawlessness

The world Human Rights Day on Thursday passed in Sri Lanka without anything to celebrate in terms of positive achievements in the area of human rights. In fact, looking for human rights in Sri Lanka is becoming increasingly similar to finding water on the moon or in a desert.

Permissiveness of corruption that has begun to permeate all areas of life is virtually destroying all possibilities of achieving human rights, either in the field of civil and political rights or social, economic and cultural rights. It is also destroying all mechanisms of good governance. Naturally, groups that suffer the most are also the most vulnerable in society like women, children, elderly and ethnic minorities.

The system of executive presidency that exists in Sri Lanka is very similar to the system of absolute power of monarchies. This has undermined the parliamentary system and the judicial system, which had developed to some extent in the past.

In recent decades, admiration for dictatorships that developed within two major political parties, the United National Party and the Sri Lanka Freedom Party helped to promote the system of executive presidency. The president in Sri Lanka is above the law and there is nothing in the legal system, which can exercise any form of checks and balances to control the abuse of power by the president. (more…)

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

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