Introduce The Bill Of Rights Pledged In The Mahinda Chinthana

By Kamal Nissanka -October 11, 2012 

Kamal Nissanka

The Liberal Party is deeply concerned about the recent assault on Mr.Manjula Thilakarathna, Secretary of the Judicial Service Commission. While the background of the crude perpetrators of the incident at Mount Lavinia on Sunday 7^th October 2012 is as yet unknown, the fact that it follows on what seems confrontation between the executive and the judiciary makes it even more imperative for government to swiftly investigate the matter and bring the offenders to justice.

The recent statement issued by Mr. Tilakarathne reflects what seems to be an ongoing cold war between the executive branch and the judicial branch of the state. It followed on an incident in Mannar in which the police seem to have prima facie evidence of an attempt by the executive branch to influence the judiciary. This is unacceptable and government must make clear that the decisions of the judiciary are independent and cannot be meddled with.

The Liberal Party however also believes that the Judiciary too must be disciplined in terms of the laws, and accountable to the public. In particular it must scrupulously adhere to the laws passed by the legislature, with provision not to overturn them, but to recommend changes if these laws are in conflict with the Constitution or with Fundamental Rights. In this regard we urge the legislature to provide for retrospective review of legislation, and also to swiftly introduce the Bill of Rights pledged in the manifesto of the President in 2005. We also urge the Judiciary to lay down guidelines to its members on sentencing policy and monitoring of corrective institutions as is required now but rarely accomplished. Such guidelines must be made available to the public.

Reform of the Judiciary is long overdue but this must be done through consultation, and the Judiciary should be requested to take the lead in the process. Reform cannot be undertaken by the Executive in the present context, but strengthening of the Legislature, and consultative processes in this regard, will help with ensuring reforms based on principle, not on particular situations and hostilities.

Meanwhile, and especially so as to restore the confidence in governmental processes that is essential, we urge all relevant authorities to ensure a quick and result oriented investigation to bring the perpetrators of the attack on Mr Tilakaratne before the law, and take appropriate action to prevent such incidents in future. We believe it is also important that investigations into outstanding cases which have brought suspicion on government, such as the murder of Lasantha Wickramatunga, must be quickly and positively concluded.

The party believes in the concepts of separation of powers, the rule of law and independence of judiciary. The current Sri Lankan Constitution, which is concerned more with process rather than principle, is a recipe for destroying such concepts. We urge principled reform of the Constitution, that would strengthen all relevant institutions and promote good governance based on consultation rather than intimidation.

*Kamal Nissanka - Secretary General, Liberal party of Sri Lanka

Sri Lanka: ICJ deplores attack on the Secretary of the Judicial Services Commission

The Sri Lankan government must immediately provide justice for the physical assault on Manjula Tillekaratne and cease public efforts to undermine the independence of the country’s judiciary, the ICJ said today.

Unidentified persons assaulted the Secretary of the Judicial Services Commission on 7 October 2012. Lawyers and judges held a strike to protest recent and escalating threats to judicial independence in Sri Lanka.

“This physical assault is another terrible step downward in the ongoing effort to undermine the judiciary and the rule of law in Sri Lanka,” said Sam Zarifi, ICJ’s Asia Director. “The Sri Lankan government has to investigate this event and bring the perpetrators to justice, and ensure that the country’s judges are secure from assault and intimidation.”

Earlier in September, the Sri Lankan President Mahinda Rajapksa had demanded a meeting with the Chief Justice and two members of the JSC. The JSC refused the request, citing the implications of such a meeting on the independence of the judiciary.

The request came in the wake of the Supreme Court striking down a pending bill before the parliament – the “Divi Neguma Department Bill,” which proposed to establish a new department by amalgamating the Samurdhi Authority, Southern Development Authority and the Udarata Development Authority.

If passed, the bill would confer wide powers to the Economic Development Minister as well as access to funds.

State-controlled print and electronic media then engaged in a public campaign of vilifying the Chief Justice and other members of the JSC who are also sitting Supreme Court Justices.

On 18 September 2012, the JSC directed its Secretary to issue a public statement citing the baseless criticism of its members in the state electronic and print media.

The JSC indicated that it had been subjected to threats and intimidation.

Notably, the JSC said it was subjected ‘to various influences after the Commission initiated disciplinary action against a judge.’

On 28 September 2012, JSC Secretary Manjula Tillekaratne expressed concern for ‘the security of all of us and our families beginning from the person holding the highest position in the judicial system.’

“The effort to use State-controlled media to browbeat and intimidate judges is an egregious assault on the independence and impartiality of Sri Lanka’s judiciary. An independent judiciary is a necessary precondition to safeguard human rights,” Zarifi added.

The United Nations Basic Principles on the Independence of the Judiciary makes clear that it is the responsibility of the State to respect and observe the independence of the judiciary, protecting judges from any improper influences, inducements, pressures, threats or interference.

In recent months, the independence of the judiciary has come under attack in Sri Lanka.

In July 2012, Government Minister Rishad Bathiudeen threatened a Magistrate in Mannar and then orchestrated a mob to pelt stones and set fire to part of the Mannar courthouse.  Lawyers and judges held a nation-wide strike to protest the incident.

The Bar Association of Sri Lanka as well as the Judges Association of Sri Lanka issued public statements condemning the attacks.   

Contact:

Sam Zarifi, ICJ Asia-Pacific Regional Director, t: +66 26198477; email: sam.zarifi@icj.org

Sheila Varadan, ICJ Legal Adviser, South Asia Programme, t: +66 857200723; email: sheila.varadan@icj.org

Picture by Nuwan Amarawansha

Midweek Politics: Breaching The Last Line Of Defence

By Dharisha Bastians -

Dharisha Bastians

On Saturday (6) evening at Temple Trees, President Mahinda Rajapaksamade a strange proclamation to a few foreign correspondents he was hosting to dinner. Asked if he was going to watch the much-anticipated ICC World T20 Final between Sri Lanka and the West Indies, President Rajapaksa quipped that on two occasions he had gone to the finals and on both occasions, the Sri Lankan team had failed. “Now I prefer to watch cricket on TV,” he explained.

The fact is that the President did attend the Lankan cricket team’s final matches in the Caribbean in 2007 for the World Cup final and more recently to Mumbai when the Sri Lankans lost the World Cup to India. A superstitious President’s House would naturally be wary of such trends.

In the Presidential box

Shock and awe registered on the faces of spectators at the T20 final at R. Premadasa Stadium last Sunday therefore, when the ESPN camera crew zoomed in on President Rajapaksa seated in his special box just minutes after the fall of the first Sri Lankan wicket with Tillekaratne Dilshan being bowled out by S.P. Narine.
Also watching the finals that day was UNP Leader Ranil Wickremesinghe who was seated in the Minister’s box along with Colombo Mayor A.J.M. Muzammil and Sports Minister Mahindananda Aluthgamage.

A short while after President Rajapaksa landed at the Stadium, as Sri Lanka began their run chase of what seemed to be a reachable total, Minister Aluthgamage went over to greet him. A few minutes later, he returned to the Minister’s box and informed Wickremesinghe that the President had invited him to his special box. Also present in the President’s box at R. Premadasa was Defence Secretary Gotabaya Rajapaksa and several other close associates of President Rajapaksa. Wickremesinghe agreed to join his political rival and the pair were pictured together during the first half of the Sri Lankan innings.
But sometime during the Lankan innings, when it became clear that the team was probably going to lose the cup despite Nuwan Kulasekera’s 11th hour bid to get Sri Lanka back in the game, the President left the grounds.
It was widely speculated that had the Lankan cricketers clinched the cup, the Head of State would have descended to the grounds to present the trophy to Skipper Mahela Jayawardane. Poetically, Jayawardane had been presented his Man of the Match trophy by Hambantota MP Namal Rajapaksa at the semi finals on Thursday (4) and his father would naturally be the presenter of the trophy at the team’s ultimate victory. But this was not to be. The only Sri Lankan representation on the presentation panel were Jayantha Dharmadasa and Aravinda De Silva.
In the end not a single Sri Lankan political figure was visible at the presentation ceremony, raising speculation that none of the Government politicians wanted to be associated with the loss.
All in all, Sunday 7 October, was a pretty bad day – for Sri Lankan cricket and democracy in Sri Lanka.

Assaulted                                                        Read More

Five fishermen beaten up by Sri Lankan naval personnel

Published: Thursday, Oct 11, 2012,

Place: Rameshwaram | Agency: PTI

Five fishermen from this coastal town were allegedly beaten up by Sri Lankan naval personnel when they crossed the International Maritime Boundary Line and netted fish near Katchativu islet early this morning, officials said.

Quoting fishermen who returned from the area, they said Lankan naval personnel snapped nets, snatched their catch, beat them with pipes and warned them not to venture near Katchathivu, an islet ceded by India to the neighbouring country in the 1970s.

Meanwhile, the Coastal Fishermen's Association charged traders with forming a cartel and quoting very low price for the catch.

The Association said they were forced to sell the fish at prices quoted by the cartel and that the government was not taking effective steps to break their hold.

University teachers’ strike ends

THURSDAY, 11 OCTOBER 2012  

The continuous strike carried out for nearly 100 days by the Federation of University Teachers Associations (FUTA) has been called off say reports.

A decision has been taken at the Executive Committee of FUTA to end the strike and accordingly university teachers will report for duty on Monday say these reports.

The strike was carried out demanding 6% of GDP for education in the country and several other demands relevant to university teachers.

Tamil National Alliance delegation to hold talks with PM, Krishna

THE TIMES OF INDIA
NEW DELHI: As the deadlock in the reconciliation talks continues in Sri Lanka, a seven-member delegation of the Tamil National Alliance (TNA), led by R Sampanthan, arrived in Delhi on Wednesday at the invitation of foreign minister S M Krishna. The TNA had pulled out of talks in January after the Lankan government came up with the proposal that further negotiations be carried out through a Parliament Select Committee (PSC). 

President Mahinda Rajapaksa has declared that the talks - of which 18 rounds had taken place before January -- will remain suspended until the TNA joins PSC. India took up the issue with the Lankans during Rajapaksa's recent visit to Delhi, insisting that talks must resume, and described TNA as a credible alliance. 

The delegation is expected to call on Prime Minister Manmohan Singh and Krishna. "They will also exchange views with national security adviser Shivshankar Menon and foreign secretary Ranjan Mathai," MEA spokesperson Syed Akbaruddin said. 

"India has been involved in a substantial manner in rehabilitation and resettlement efforts of internally displaced persons and the reconstruction process in northern Sri Lanka. It has been widely acknowledged that our assistance in Sri Lanka in the areas of housing, de-mining, education, public health and connectivity has helped restore a degree of normalcy in the area,'' Akbaruddin said. 

"The visit is part of our continuing engagement with the government and political parties in Sri Lanka in regard to the process of reconciliation and meaningful devolution through which Sri Lanka seeks to secure for all its citizens a future marked by equality, dignity, justice and self-respect,'' he added.

Groundviews Is down, But Not An Attack By The Government Says Groundviews

By Colombo Telegraph -October 10, 2012 

“Both Groundviews and its equivalent in Sinhala, Vikalpa , are inaccessible at the moment due to technical issues. This is NOT a block on the sites. This is NOT an attack orchestrated by the Government. There is NO indication whatsoever that this is anything other than an unfortunate hosting issue which came to a head a few days ago.” says Groundviews.

“We are working as hard as we can to resolve the issue, but reinstating the site will take a couple of days at the earliest. As we intimated readers  a few days ago, fixing this issue requires the cooperation of multiple parties and some rather technical discussions. Given the vital nature of the two sites and to avoid any downtime in the future, we will take our time to establish a robust and resilient platform, rather than hurry to put up the sites on web platforms and services that can result in further unexpected downtime. Please note that updates via Twitter (www.twitter.com/groundviews) and Facebook (www.facebook.com/groundviews) will continue uninterrupted. We are also on Google+.  We appreciate your patience as we sort out things out and also the dozens of email sent with offers of help and assistance.” Groundviews further said in its statement today.

Issuing a statement yesterdayGroundviews said; “ As a number of readers have alerted us, we too are aware that theGroundviews website (www.groundviews.org) is throwing up warnings on Google on account of a malicious code inject at the backend. This is NOT a site block by ISPs, and there is NO indication that this has anything at all to do with the Sri Lankan Government. Malicious code injects such as this are not uncommon on the web. We are however in the unfortunate position of not having a dedicated technical team to assist with problems of this nature. From its inception to date, the site is maintained by InfoShare (www.infoshare.lk). We have been made to understand that Groundviews uptime is not a priority for them. We have alerted InfoShare about the issue and encourage you to do the same in order to elicit a faster response. Please email Anuruddha Edirisinghe (rudy@info-share.org) and Vajra Chandrasekara (vajra@info-share.org). Until InfoShare addresses this issue, there is nothing we can do ourselves to get the site back online.

Fire crackers thrown to house of TNA MP

[ Wednesday, 10 October 2012, 04:14.00 PM GMT +05:30 ]

Group of unidentified persons has thrown fire crackers towards house of TNA former parliamentarian Ganapathipillai Yogerasa.

This incident reported at his house in Aaraiyambathi area in Batticaloa district. Kathankudi police hold further investigations this regard.

Intimidation Of The Judiciary: This Shockingly Illustrates The Gravity Of The Situation

By Dr. Jayantha Dhanapala and Professor Savitri Goonesekere -October 10, 2012

The Friday Forum is a group of citizens committed to the advancement of democracy, social justice and pluralism in Sri Lanka.  The Forum has regularly issued public statements on issues of common concern in the spirit of democratic engagement with a view to stimulating public debate and encouraging action from state authorities and other relevant parties.

The independence of the judiciary in Sri Lankahas seen consistent erosion for decades. The unprecedented public statement by the Judicial Service Commission of Sri Lanka (JSC) complaining of intrusions into its functioning is yet another example of the incremental assault on democracy and judicial independence in this country. The public protests against a recent  attack by a mob on a court house and a member of the judiciary in Mannar, allegedly instigated by a Cabinet Minister, appears to have had no impact on governance which continues to display contempt for the Rule of Law.

The Judicial Service Commission (JSC) is created by the Constitution and is composed of the Chief Justiceand two other Judges of the Supreme Court. Its function is basically the appointment, transfer and disciplinary control of what is commonly referred to as the “minor judiciary”, consisting of District Judges, Magistrates and other judicial officers. Its independence is protected by the Constitution, which makes it an offence to influence the decisions of the JSC otherwise than in the course of duty. The independence of the JSC is thus an integral part of the independence of the judiciary. Giving a testimonial to an applicant for a judicial appointment is expressly permitted, otherwise this would be an offence.

We are informed by the JSC that its members (ie the Chief Justice and the other two Supreme Court Judges) were summoned to a meeting by an unnamed political authority. We are greatly encouraged that on this occasion that move was strongly resisted by the JSC.

The Friday Forum unequivocally condemns any attempt at violating the independence and authority of the judiciary. We urge all sections of Sri Lankan society to respond to this threat by reaffirming our commitment to preserve our democratic rights. It is only an alert and active citizenry that can prevent this type of abuse of power.

In a democracy principles such as independence of the judiciary are not purely theoretical propositions. Attacks on judicial independence are attacks on the people. Article 4 of our Constitution recognizes that the judiciary  exercises the judicial power of the people. The judicial power of the people has to be exercised both independent of the political authorities and also without partiality. Otherwise we, as citizens, are left without equal protection of the law, particularly against violations of our democratic freedoms and rights by political authorities. We need to do all we can to safeguard judicial authority and independence.

We emphasise the professional responsibility of the Bench and the Bar to actively protect the integrity of the judiciary. We are impelled to point out that this state of affairs did not come about suddenly and in isolation. Actions and omissions of both the Bench and the Bar were strong contributory factors to precipitating the current erosion of democratic values and assaults on judicial independence.

We recall with deep regret the stunning silence of the Bar and the Bench in the face of judicial appointments made by the Executive in violation of the Seventeenth Amendment. The Bar Association was duty bound to protest and take necessary action including enlightening the public on the unconstitutional nature of such appointments and the negative implications for the Rule of Law and judicial independence. It is doubtful that the legal establishments in our neighbouring countries in South Asia would have tolerated such a situation. Similarly, attempts at compromising judicial integrity through political appointments and other benefits granted to immediate family members of judges should have been strongly resisted through public debate and demands for accountability on the part of both the political authorities and the recipients. When a retired Chief Justice was appointed as a presidential advisor and other retired justices were given diplomatic appointments such moves too should have been forthrightly resisted as such political appointments clearly compromise the integrity of the judiciary. The weak response of the Bar when the Eighteenth Amendment Bill was rushed through Parliament as an “Urgent” Bill was a blow to democratic governance and the rights of the people of this country. Furthermore, controversial judgments impacting on our constitutional rights do not receive the critical discussion and review in the media by either the Bar or by academics that the public benefit requires.

Casting aspersions on officials of the JSC through the media is totally unacceptable. There can be no defence for interfering with judicial independence by either the Executive or the Legislature. Both these organs of State are bound by the Constitution and by well-established constitutional conventions to ensure judicial independence. The government must also be mindful of Sri Lanka’s obligations under international law. That these events are taking place just a few months from the second cycle of the Universal Periodic Review of Sri Lanka by the UN Human Rights Council is also significant. It sends a signal to the international community thatSri Lankadoes not take its international human rights obligations seriously.

While the Bar has done right by responding strongly to this latest intrusion on judicial independence, we stress that consistent action is required in the future to send a strong and unequivocal message to the political authorities. We wish to remind legal academics too of the role they are expected to play in educating their students, their peers and the wider community. We remind our fellow members of the public that eternal vigilance is the price of freedom from tyranny.

An appalling physical assault on former District Judge Mr Manjula Tillakaratne, Secretary of the JSC, has taken place even as this statement was being completed. This shockingly illustrates the gravity of the situation. It also underlines the concern we have voiced at the public casting of aspersions on this officer, whose independence of function is provided for in our Constitution.

Dr.Jayantha Dhanapala   and   Professor Savitri Goonesekere

On behalf of Friday Forum, the Group of Concerned Citizens

Jayantha Dhanapala, Professor Savitri Goonesekere, Rt. Rev. Duleep de Chickera, Professor Arjuna Aluwihare, Anne Abeysekera, Dr. Jayampathy Wickremaratne, Tissa Jayatillaka, Dr. Geedreck  Usvatte-aratchi, Professor Ranjini Obeysekere, Shanthi Dias, Damaris Wickremasekera, Dr. Nelum Udagama, Sithie Tiruchelvam, Lanka Nesiah, Dr. A.C.Visvalingam,              Dr. Camena Gunaratne, Suriya Wickremasinghe, Dr. Selvy Thiruchandran,   D Wijayanandana, Suresh de Mel, Dr. Radhika Coomaraswamy, Professor Gananath Obeysekere, Faiz-ur Rahman, Manouri Muttetuwegama,  Daneshan Casie Chetty, Rev. Dr. Jayasiri Peiris, J. C. Weliamuna, Ranjit Fernando, Mahen Dayanada, Dr. Devanesan Nesiah, Ahilan Kadirgamar, Chandra Jayaratne

Lankan deported from Canada tortured in Colombo

POLICE TORTURE DOCUMENTARY IN SRI LANKA 2012

Lankan deported from Canada tortured in Colombo

[ Wednesday, 10 October 2012, 08:19.24 AM GMT +05:30 ]

492 refugees arrive to Canada by the sun seek ship among them Canadian officials have deported one of the SriLankan asylum seeker to the country. At present he was detained the 4th floor detention center in Colombo.

This asylum seeker has faced various tortures in detention center and also his legs and hands were also broken. Officials fail to provide medical treatment for him. Canadian government is the only responsible for this human rights violation. Canadian government was well aware about such situation and they have forcibly deported the Lankan from Canada. At present Canadian government as violated the refugee act of the United Nation. Since end of the war in SriLanka number of disappearances, abductions, tortures and illegal activities increased in the country. It was also revealed respective officials fail to hold investigations on human rights violations reported in the country. We hope Canadian government will take necessary steps to save the life of SriLankan face torture at the 4th floor in Colombo.

Warning ahead of Sri Lanka’s UPR 

‘Address accountability issues or face the consequences’

Global Tamil Forum won’t stop until war criminals punished

October 9, 2012

Platform for Freedom panel: (from left) Attorney-at-law Sampath Pushpakumara, attorney-at-law Sudarshana Gunawardena, Brito Fernando, Dr. Nimalka Fernando and spokesperson Freddy Gamage.

Pic by Dhammika Salwathura

By Shamindra Ferdinando

A collective of Sri Lankan human rights organizations yesterday urged the government to address accountability issues or face the consequences at the United Nations Human Rights Council (UNHRC). Senior representatives of 32 organizations made representations to Human Rights Minister, Mahinda Samarasinghe yesterday at his ministry as regards their submissions to Sri Lanka’s Universal Periodic Review (UPR) on No 1, 2012.

Minister Samarasinghe explained post-war initiatives on the part of the government to address accountability issues.

Having met the minister, attorney-at-law Sampath Pushpakumara told The Island that they had an opportunity to discuss issues pertaining to the forthcoming UPR. Responding to a query, Pushpakumara said that their submissions to the UPR were available with the minister as it was the normal practice to release such documents before the meeting.

Pushpakumara said that their campaign was on track in spite of the government’s efforts to discredit them as traitors.

The UK headquartered Global Tamil Forum (GTF), too, made representations to the UPR process recently. GTF spokesman Suren Surendiran told The Island yesterday: "GTF and other Tamil Organizations along with all other international human rights institutions will not rest until justice is served and the appalling human rights conditions for all in the island come to international standards. We will take every single opportunity presented at international and local events to expose the human rights abuses that continue with impunity."

Addressing the media at the Centre for Poverty Analysis, No 29, Gregory Road, Monday evening, attorney-at-law Sudarshana Gunawardena, Dr. Nimalka Fernando, attorney-at-law Sampath Pushpakumara and Brito Fernando on behalf of ‘Platform for Freedom’ emphasized that they would campaign both here and abroad against the dictatorial Rajapaksa regime. They vowed to pursue their campaign until those responsible for war crimes and post-war violations of human rights were punished.

Calling themselves human rights defenders, they explained the circumstances under which they made submissions to the UNHRC for consideration at the UPR. The grouping strongly denied allegations that theirs was a secret report aimed at undermining the Sri Lankan state. They made available a copy of the submissions categorized as ‘Joint Civil Society submissions to the UPR,’ which dealt with 18 separate issues, including a general view of rule of law. "Of course the process was secret until the government finalized its own report to the UPR. Once the government furnished its report, we released ours," Gunawardena said.

The grouping accused the government of failing to address what it called ethno-political grievances even after the conclusion of the conflict in May 2009.

The initiative spearheaded by the Centre for Policy Alternatives (CPA) faulted the government for failing to fully implement the 13th Amendment to the Constitution, while calling for a far reaching solution to the national issue. The Civil Society organization alleged that the introduction of the 18th Amendment at the behest of the executive had worsened the situation, with the judiciary, too, vulnerable to the manipulations of the political authority.

Attorney-at-law Gunawardena explained the setting up of a troika comprising India, Spain and Benin to facilitate the UPR process as regards Sri Lanka. Asked by The Island whether it was fair for a godfather of Sri Lanka’s terrorism to be part of the troika especially in the background of India backing an anti-Sri Lanka resolution at the 19th sessions of UNHRC last Feb/March, the panel pointed out that the government of Sri Lanka had not voiced any concern regarding India’s role. The panel pointed out that there couldn’t be any issue as GoSL hadn’t opposed the composition of the troika. The panel asserted that the GoSL had always acted friendly towards India, though there were issues. Any opposition to India’s involvement should come from the government, the panel stressed.

When pointed out by The Island that their report had been funded by foreign sources generally hostile towards Sri Lanka, hence could be supportive of those pursuing an international war crimes investigation here, the panel said that as theirs was now a public report people could examine it. The report could be challenged if it was not true, the panel said.

The panel attributed The Island taking an unsympathetic position to their cause to this writer being part of the GoSL delegation to the last UNHRC sessions.

Dr. Fernando explained the circumstances leading to the setting up of United Nations Human Rights Council in place of United Nations Human Rights Commission in 2006 and the introduction of the UPR process two years later to ensure that both member states of the council as well as other countries adhered with the commitments given by them. An irate Dr. Fernando alleged that those countries violating human rights used to manipulate the process adopted by the commission. Unfortunately even after the establishment of the 47-member council in 2006, various blocks of countries engaged in politics at the expense of the truth and reconciliation, she said.

Dr. Fernando criticized India’s position at Sri Lanka’s first UPR in 2008 at the height of the war. India remained silent at that time, she said.

She lashed out at the government for turning a blind eye to a minister (She was referring to Minister Mervyn Silva) threatening to harm those members of the NGO community, including herself for representing the interests of the civil society at the last UNHRC sessions in Geneva.

The attacks on the judiciary are the culmination of a systematic effort to intimidate - CPA

Wednesday, 10 October 2012 

CPA strongly condemns the assault on the Secretary of the Judicial Services Commission (JSC), Mr. Manjula Tillakeratne on 7th October and demands an immediate end to intimidation and physical violence against the judiciary and all other dissenting voices. This attack is the latest episode in a series of intimidating and sometimes violent attacks on the judiciary and a direct threat to its independence in post-war Sri Lanka. Subsequent to the assault, the authorities stated that action will be taken against any perpetrators. This is a standard response following violent incidents. There is no genuine follow up in most cases and perpetrators are not held to account. As in the past, CPA calls for a full and speedy investigation and action to bring the perpetrators to justice. There has to be an end to the culture of impunity.

CPA has been disturbed by a spate of incidents in recent days targeting the judiciary and its officers. Mr. Tillakeratne himself has been publicly vilified, including by the President himself at a meeting with journalists on 27th September, after the JSC issued an unprecedented press statement alleging that the independence of the judiciary was under threat. More recently, Mr. Tillakeratne predicted violence when he alerted the media to threats to the security of members of the JSC and their families.

This incident must, therefore, not be viewed in isolation. The attacks on the judiciary are the culmination of a systematic effort to intimidate and silence all critics of the government. It further demonstrates that a fundamental premise on which our democracy, indeed any democracy, is supposed to be built – the rule of law and the independence of the judiciary – are under severe threat. CPA has consistently highlighted the systematic breakdown in the rule of law and of independent institutions, and among others, challenged the Eighteenth Amendment to the Constitution. It is of paramount importance that the authorities immediately arrest these dangerous trends and adhere to the commitments made by the government to preserve and protect the fundamental elements of a functioning democracy in our country.

10.10.2012-Colombo-Sri Lanka

Cricket: a tool for reconciliation?

FELIX

Praveen Gnanasambanthan why sport and politics cannot be separated

Praveen Gnanasambanthan-Friday October 5, 2012

Caption in here please! What if this just stays in by accident. What if it’s not an accident/ Yeah,

The summer of 2012 has been a stunning exhibition of top quality sports, as world-class athletes congregated in London for an unforgettable Olympics and arguably the best ever Paralympics. An intriguing Euro 2012 was showcased earlier in the summer in Eastern Europe, and this trio of gargantuan sporting festivals were bookended by the Wimbledon and US Open Grand Slams. Many would think that this is set to continue into September with the T20 World Cup held in Sri Lanka, but in reality the Tamils that inhabit the Northern and Eastern parts of the country and the Tamil diaspora have plenty of reason to think otherwise.

Questions are once again being raised as to why the International Cricket Council has permitted Sri Lanka not only to participate but also to host one of the sport’s most prestigious tournaments, especially with the on-going allegations of human rights abuses and war crimes against the Tamils of Sri Lanka. This essential role bestowed upon Sri Lanka legitimises and condones a country that is in dire circumstances.

The Government and many distinguished individuals argue that this can help towards the reconciliation between the displaced Tamils of Sri Lanka and the majority Sinhalese population. When explored further, however, the idea that sport can heal the growing rift between the two races simply seems nonsensical. Sport is far too trivial to gloss over the deaths of tens of thousands of civilians and to overcome the racial discrimination that Tamils have been and still are subjected to.
The argument is that sport, and its associated celebrations, could be used as a tool to heal the rifts between different parts of society and induce a sense of camaraderie and team spirit. However with the continued failure of the Sri Lankan Government’s Lessons Learnt and Reconciliation Commission (LLRC) to provide accountability for the 40,000 lives lost in the final days of the civil war (as mentioned in the UN Panel of Experts report), is it justified for this country to host such a sporting event? By failing to revoke out-of-date emergency laws and preventing media organisations from entering the northern and eastern parts of the country, the Government has embarked upon greater militarisation and colonisation of these areas. Consequently humanitarian organisations have reported ongoing human rights abuses which can only undo and devastate the supposed healing effects that the T20 World Cup can provide.

Undoubtedly, senior government politicians see this as a way to mask the crimes committed by the Government, rather than something heading in the direction of reconciliation, derived from accountability. On Sri Lanka’s ‘new brand’ Nivard Cabraal, the central bank Governor, stated: “I am confident that this trend will continue in the future and those so-called international calls for [war crimes] investigation will fade away.”

Mindsets such as these further prove that the Sri Lankan Government are loth to make a genuine attempt to investigate and bring justice to the victims of the war. This unwillingness further demonstrates the insincerity and casual nature of the Government towards the resolution passed by the humans rights council, asking for the Government’s own recommendations on the situation, and a timeframe in which they can be carried out. One should enquire whether the T20 World Cup will be utilised as a way to unite a fragmented country or merely as an exercise in distracting the international community from the grave problems the country faces.

As stated by Charu Lata Hogg, the Sri Lanka expert at the London based think-tank Chatham House: “Hosting an international sporting event will not deflect international attention on its core human rights responsibilities.”

Beyond this, applying the view that sports and politics have nothing to do with one another is simply indifferent and very dismissive. This could not be further from the truth. As Archbishop Desmond Tutu has said: “It is a myth to say that sports and politics do not mix.” The Sri Lankan cricket board is intertwined with the Government to its very core, to the point that the members of the cricket boards are selected by means of political pressure and direct intervention from the government. Many questionable selections have been made by the cricket board; as recently as last year, Sanath Jayasuriya was called up to the national team. There has been much debate about whether this was down to his political standing or his now declining sporting ability. With all these allegations of Government controlled selections of the national team being made, we can break down the idea that the Sri Lankan state and cricket within Sri Lanka are unconnected.

Moreover the same army that has been accused of the heinous war crimes in Sri Lanka is responsible for the maintenance and the running of the three largest cricket stadiums. The links between what should be an amazing festival of cricket and the ongoing human rights abuses occurring within the country are clear, and calls for a cricketing boycott of Sri Lanka should be voiced, until genuine and significant attempts are made by the Sri Lankan government to follow the resolution and bring about reconciliation through justice. Through this many avid cricket fans can enjoy a less politically influenced world cup.

Calls for the exclusion of Sri Lanka from cricket should not be seen as too robust or excessive; in fact, sport has been helpful in bringing about changes to countries with dire situations, most notably South Africa. In that case, the United Nations created a “Register of Sports Contacts with South Africa” which put the spotlight on sporting stars that were unwilling to stay away from Apartheid South Africa. Many international sporting bodies banned South Africa from participating until it finally gave way to the end of Apartheid.

More recently, Desmond Tutu, a figure key to this South African boycott, once again called out for English cricketers to avoid competing with Zimbabwe until a political change was brought about and Robert Mugabe was taken out of power: “I believe that a significant part of the population in Zimbabwe would say [the cricketers] should not be here, because you are lending a legitimacy and respectability to a country that is in a shambles because of one person.”

Many parallels can be drawn between Zimbabwe and Sri Lanka where the T20 World Cup is “lending a legitimacy and respectability to a country that is in a shambles.”

Sports fans and cricket fans across the globe have every right to question what initially appeared to be unnecessary calls for exclusion or boycott of the World Cup.  However there are evident links between the Sri Lankan cricket board and a government that has engaged in numerous war crimes. The T20 World Cup might have started but the time to take a stand against Sri Lanka is never too late. One can only hope that the governments and cricket boards of the participating countries will realise that humanitarian issues should take precedence over sporting ones.

SRI LANKA: The AHRC seeks UN intervention on the independence of the judiciary in Sri Lanka

October 10, 2012

(Hong Kong, October 10, 2012) The Asian Human Rights Commission today wrote a letter to Ms. Gabriella Knaul, the Special Rapporteur on the independence of judges and lawyers informing her of the attempted abduction and assault of Mrs. Manjula Tilakaratne, the secretary of the Judicial Service Commission of Sri Lanka.

The AHRC stated that: The judiciary in Sri Lanka is facing an exception threat of being reduced merely to administrative functions and of rubber stamping the decisions of the executive as are some 'judiciaries' in Asia such as that of Myanmar and Cambodia. This is a very real and serious threat.

The AHRC requested the Special Rapporteur that:

.... in your capacity as the Special Rapporteur on the independence of judges and lawyers you should seek a visit to Sri Lanka in order to observe the situation yourself or otherwise take some exceptional steps for assessment of the situation and to make an effective intervention. The highest bodies of the United Nations need to be duly informed about the predicament that the independent judiciary in Sri Lanka is faced with.

The full text of the letter is as follows:

Dear Ms. Knaul,

Re: Attempted abduction and the assault of the secretary of the Judicial Service Commission of Sri Lanka 

I refer to my earlier correspondence to you dated September 25, 2012 regarding a press release issued by Mr. Manjula Tilakaratne, the secretary to the Judicial Service Commission (JSC) regarding certain threats faced by the JSC and the independence of the judiciary in Sri Lanka. I am now writing to you to inform you that there was an attempted abduction of the JSC secretary in which he was assaulted on October 7. Perhaps you have already been made aware of this incident.

The details of the incident are as follows:

On October 7, 2012 the secretary to the Judicial Service Commission (JSC), Manjula Thilakaratne, a former High Court judge, was attacked by four persons. The JSC secretary, accompanied by his wife, had taken his son to drop him at the St. Thomas College gymnasium. After dropping his wife and son at the college he parked his car and as he to wait for some time took a newspaper and was reading it.

Suddenly he saw four persons stopping near his car. One of them had a pole that was about three-feet long and another was holding a pistol. The one with the pole walked towards the passenger's door of the car and the other three were in front of the door on the driver's side. The one with the pistol and the other two demanded that the JSC secretary should open the door but he refused.

Then they threatened to use the pistol and at that point he opened the door. One of the three persons asked whether he was the boss (Lokka) of the JSC. Then without warning they started beating him about the face and tried to drag him out of the car.

He continued to resist them. Having realised that it would be difficult to pull him out of the car they tried to push him into the passenger's seat and he realised that they were trying to abduct him. At this stage he shouted loudly.

On hearing his shouts some doors from the nearby houses opened and some three-wheeler drivers and others were attracted by the noise.

At this stage the four assailants grabbed his mobile phone and ran towards the road behind the car and he lost sight of them.

Later the JSC secretary was admitted to the hospital and is being treated for his injuries.

The following day all the judges and lawyers of Sri Lanka boycotted the courts for a day as a mark of protest.

I am attaching herewith a copy of a statement issued by the Asian Human Rights Commission pointing out the basic threats faced by the JSC and the independence of the judiciary in general in Sri Lanka.

The judiciary in Sri Lanka is facing an exception threat of being reduced merely to administrative functions and of rubber stamping the decisions of the executive as are some 'judiciaries' in Asia such as that of Myanmar and Cambodia. This is a very real and serious threat.

Perhaps in your capacity as the Special Rapporteur on the independence of judges and lawyers you should seek a visit to Sri Lanka in order to observe the situation yourself or otherwise take some exceptional steps for assessment of the situation and to make an effective intervention. The highest bodies of the United Nations need to be duly informed about the predicament that the independent judiciary in Sri Lanka is faced with.

Hoping for your urgent intervention on the situation of the Sri Lankan judiciary,

I remain,

Yours sincerely,

Basil Fernando
Director Policy and Programme Development
Asian Human Rights Commission