Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, April 11, 2013

Schoolgirl petitions Supreme Court against illegal arrest

... claims police forced her to complain against Akuressa PS chairman

 

By Chitra Weerarathne

A 15-year-old schoolgirl and her mother have filed a fundamental rights violation application in the Supreme Court claiming that an Inspector of the Matara police station had taken the girl into police custody in July 2012 and insisted that she tell the police officers that she had been sexually abused by the Chairman of the Akuressa Pradeshiya Sabha.

When the girl insisted that no such incident occurred, the inspector had forcibly got her to sign a document, the contents of which were not read out to her.

The first petitioner had said that all she knew about the Chairman of the Pradeshiya Sabha was that her father supported his candidature at the elections.

The petition claimed that the girl had been arrested without a valid reason being given and had been kept in police custody for about a week, without being produced before a Magistrate. The Human Rights Commission had intervened to get her released from police custody, it said.

The petition has requested the Court to declare the violation of the girl’s right to freedom from illegal arrest, illegal detention and the right to freedom from inhuman treatment.

She has claimed Rs. 10 million in compensation from the first respondent, Police Inspector Bogahawatte.

On March 19, the petition was support in Court by Sanjeewa Ranaweera.

Leave to proceed was granted and hearing was fixed for October 21, 2013.

Senior State Counsel, Lakmali Karunanayake appeared for the Attorney General.

The Bench comprised Justices N. G. Amaratunga, Priyasarth Dep and Eva Wanasundara.

On BBS Claim: Get Ready To Celebrate Vesak At Kuragala

By Latheef Farook -April 11, 2013
Latheef Farook
Colombo TelegraphQutub Muhiyuddin Abdul Qadir Jailani, also known as Ghouse-e Azam, is one of the greatest scholars in Islamic history  held in very high esteem by Muslims throughout the Middle East ,Pakistan, India, Bangladesh,Sri Lanka, Malaysia and even as far as Indonesia.
In view of his extreme piety, depth of knowledge, simple life and miracles performed and other such noble qualities some call him a saint while others describe him as the saint of all saints.
I had heard so much about him that during my first visit to Baghdad in 1976 the first thing I did was to visit the mosque where his mausoleum is. The tranquil and peaceful  environment in the mosque  attract the visitors like magnet that  I used to go for Maghrib prayer  and stay there till Isha prayer during my weeklong stay in Baghdad.
Thousands of people were seen around. Some reciting the holy Quran, some discussing   teachings of Islam in groups while others sitting around the mausoleum enveloped by the smell of traditional incense all over the mosque which contained more than 40,000 rare books.
Qutub Mohiyuddin was born into a pious family in the Iranian village of Naif in the south of the Caspian Sea on 18 March   1077. His father died when he was young .Early in life, with the permission of his mother, he proceeded   to pursue his knowledge in Baghdad, the only seat of learning in the whole world. He died in the evening on Saturday 15 January 1166   at the age of ninety-one years. His body was entombed in a shrine within his madrassa in Babul-Sheikh, Resafa (East bank of the Tigris) in Baghdad, Iraq.
During his life he had mysteriously disappeared for around 13 years during which he had, as believed by millions, meditated in Dafter Jailani or Kurugala (15 miles off Balangoda) thousands of feet above land level, covered with dense jungle growth.
In article written in the 1960s following a visit to the area by late veteran journalist M.M.Thawfeek  stated that;
Thanks to the Muslim laird of Balangoda, Cassim Lebbe Marikkar Hadjiar, J.P. (popularly called “Balangoda Hadjiar” by the Sinhalese and Muslims alike there) much of the jungle has been cleared, and the shrine has been maintained with some orderliness.
It is rough going in the last two miles of the 14 mile drive from Balangoda as the road is bad—one comes across wild elephants at dusk, in this section. A flag indicates where the pilgrimage begins.
Mazar Shairf of The Great Sufi Saint MuhiUddeen Abdul Qadir Jilani (RA) of Baghdad
The climb up the mountain covers one and half miles. Mercifully there is a large slice of rock in the shape of an immense mushroom on which one could rest half-way. I finally reached Hituwangala, which is called by the Muslims as “Kal-adi Malai” (palm-print mountain) because the palm-print of the saint is seen on the overhanging rock. Marikar Hadjiar has built a mosque under the rock which serves as a shelter from the sun and the rain.
Qutub Mohyiuddin sought asylum here for meditation after a pilgrimage to Adam’s Peak. He went alone to ‘Kal-adi Malai” (footprint mountain)
or “Soranga Malai” (Tunnel Mountain). This is a huge cliff with an outsize boulder perched precariously on the edge of the cliff. Here he meditated for over a decade, after which he left by divine power.
Ascent up to the steep side of Kal-adi Malai or Soranga malai was very trying. When I reached the top, however the breeze was reviviscent. On the underside of the huge boulder at the edge of the cliff is a huge footprint, which can be viewed with ease if one lies fully stretched under the rock.
A few yards away is a cave-like tunnel, which can be investigated with the help of a flashlight.
According to late M. L. M. Aboosally, eldest son of Marikar and was President of the Balangoda Islamic Association “there is a cave also in this rock with its underground labyrinths leading to 400 yards. After which there is a sudden drop which is difficult to negotiate.
“Various stories exist about this dark cave where bats are plentiful and snakes may exist. No man has yet come out alive from this cave to tell the tale. But there is no doubt that this passage (if it can be negotiated) will end at the foot of the rock about a thousand feet below in the Bintenna plains.
Providing a historical account of the Dafthar Jailany Rock Cave Mosque in his well researched book M.L.M.Aboosallay who was elected to represent Balangoda electorate between 1977 and 1994, by a large majority of Sinhalese, defeating Mallika Ratwatta from the powerful family interest of Ratwattes, had this to state;
The saint Qutub Muhyiudin meditated at Kuragala, the site of historic rock cave mosque .There are many stories about his visit and his impact on that sacred place.
If Sri Lanka was well known among the Arabs in 300 BC, it is also true that Adam’s Peak was as well known to travelers of the Middle East and has been often mentioned in their writings.
Muslims believe in Adam as the first man, as the first Muslim, and as the first Prophet of Allah. The Hadith ( traditions and sayings of the Prophet Muhammad ( SAL) such as Shahih ul Bukhari and Quranic commentaries of Tafsir Baizavi and Tafsir Khazin have stated that Adam descended in Serendib,Sri Lanka, upon a mountain called “ Nood”.
View of Dafther Jailany Rock Cave Mosque
References to the sacred mountain Adam’s Peak are many.
Sir W. Ousely, in his TRAVELS quoting from a Persian manuscript called Berhan Kattea” stated that Serendib is the name of a celebrated mountain where  Adam descended from paradise”.
However, one of the most famous Arab travelers to Adam’s Peak is Ibn Batuta, from Morocco.He visited Adam’s Peak in 1344 AD. In his writing Ibn Batuta speaks of many famous Muslim shrines on the way to Adam’s Peak. He also mentions” A Muslim ascetic who had lived on the road to the peak at a point in those days which was a recognized halting place for pilgrims and wayfarers.  According to Van Sanden in his book Sonahar, this Muslim shrine is said to have been sanctified by one Khader or Khidr through his visit.
A map showing Ibn Batuta’s route to Adam’s Peak made in 1344 AD including the Kuragala route, is reproduced courtesy of Denis Fernando in Aboosally’s book.
This was the reason why the early Arabs and Muslims made the hard and arduous journey to Adam’s Peak and why it is probable that Qutub Mohyiuddin visited Dafther Jailany-one of the established routes to Adam’s Peak  through Kuragala.
Salaat by Refai faqirs
Following extensive research in Tamilnadu, Susan Schoemburg, research scholar at Harvard University,UK, had told Aboosally that it is believed that Saint  Qutub Mohyiuddin spent 40 days in meditation in Kilakarai, South India, after his visit to Adma’s Peak and Daftar Jailany in Sri Lanka.
It is probable that his visit to the historic rock cave of Dafther Jailany in Kuragala coincided with his visit to Indian subcontinent. Stories had endured for centuries how he had sought asylum for meditation on the ledge at Kuragala ,after a pilgrimage to Adam’s Peak.
Kuragla and Hituwangala are two rock formations at the edge of the Balangoda plateau .They are commonly called as Dafther Jailany, a mountain retreat on the ancient road from Galle to Ratnapura and Adam’s Peak. Rock carvings, Arabic inscriptions, writings, tombstones and legends lead us to believe that Qutub Muhyiuddin had spent a part of his meditation at Jailany-Kuragala.
A detailed account of  his visit is also given in the book Shathura Shankaram which stated that he came first to Adam’s Peak to pay his respect to Adam and then travelled to Dafther Jailany where he spent 12 years fasting and meditation.
R.N.Thaine, Government Agent. Ratnapura, wrote in his official diary in 1914 that” I understand that this mountain is known to the Mohammadan world as Dastur or Dakma.  Qutub Mohyiuddin was seeking the way to Heaven. One day, he placed his hand on the rock which opened. He passed through the aperture. The rock closed and he has never been seen again. Hence the practice of pilgrims imprinting their hand marks on the rock”.
Among the proofs of Qutub Muhiyuddin’s links with Kuragala was the tombstone discovered in 1922 when excavating to build a mosque about ten feet below a mound of earth with the words stating “Disciple of Mohyiuddin” dated 1322 AD. Obviously this is the grave of his follower who had died long before the arrival of Portuguese which ended the lucrative trade of the Arabs and the use of the Kuragala route.
For a tombstone to be engraved in 1322 AD, about 154 years after the death of Qutub Mohyiuddin, there must have been a significant link between Kuragala and the revered saint.
A small mosque was constructed under the Hituwangala rock in 1922.The mosque needed no roof as the rock itself is shaped like a cobra hood and is a shelter from the sun and rain. There are several writings in Arabic and the direction of Kaaba,kibla, shown in the form of a mihrab cut into the rock.
Inscription: Darvesh Mohiyadeen 715 (AH)





Buddhist monks vent their ire on screening Tamil films in Sri Lanka

Posted by Karthiyayini on April 10, 2013
TruthDiveColombo/Chennai, Apr 10 (TruthDive): Ravana Balaya, a Buddhist nationalist group including Buddhist monks yesterday staged a demonstration outside the office of the cinema regulator, Public Performance Board (PPB) and cinema theatres demanding to halt screening of Tamil movies from Tamil Nadu in Sri Lanka.
Ven Saddhatissa of Ravana Balaya said that they wanted to see the end of Tamil Nadu movies in Sri Lanka. He further asked to halt screening of films by Rajinikanth, Kamal Hassan and Sarath Kumar in particular.
Nevertheless, PPB chairman Gamini Sumanasekera said they were powerless in the matter and that it is a decision of the National Film Corporation and the government.
This call for boycott of Tamil films in the island nation by the Buddhist monks comes in the wake of a day-long hunger strike observed by Tamil Nadu Film Directors’ Association (TANTIS) and Film Employees’ Federation of South India (FEFSI) on March 19 and another hunger strike organized by the Nadigar Sangam in which the entire film fraternity of Kollywood gathered to show their support for the cause of Sri Lankan Tamils.
Rajinikanth,Kamal Hassan, Ajith, Sarath Kumar were some of the prominent Kollywood stars present at the anti-Sri Lanka protest organized on April 2. The Tamil film stars demanded for the rehabilitation of Sri Lankan Tamils and sought an international probe into the alleged war crimes of Sri Lanka.
Meanwhile, the Sri Lankan movie stars have decided to stage a ‘prayer of determination’ on Friday to make their Tamil Nadu counterparts “see the truth as regards Sri Lanka.”
Award-winning Malini Fonseka, dubbed ‘Queen of Sinhalese Cinema’  who ruled the industry in 1970s and now a ruling party Member of Parliament said that they would invite their Tamil Nadu counterparts to visit Sri Lanka and see for themselves the peaceful situation exiting for all communities.
Aside in Tamil Nadu, the passing of a resolution in the State Assembly last month demanding a referendum for a separate Tamil Eelam, urging New Delhi to stop treating Sri Lanka as a friendly nation and calling for economic sanctions; pull-out of Sri Lankan players and support staff from IPL matches hosted in Chennai as demanded by Jayalalithaa; the recent and massive anti-Sri Lanka protests that raged Tamil Nadu and Tamil Nadu chief minister Jayalaithaa urging Indian Prime Minister Manmohan Singh to boycott the Commonwealth Heads of Government Meeting (CHOGM) scheduled in Sri Lanka this November have only proven to be the strong indicators of rising anti-Sinhalese sentiments in Tamil Nadu.

WikiLeaks: US And The LTTE Should Join Together To Defeat The Muslims – Pro-LTTE Tamils

By Colombo Telegraph -April 10, 2013
Colombo Telegraph“Note: The U.S. team repeatedly asked interlocutors about continuing reports of Muslim extremism in the east. Most observers had little clear- cut information about the matter and Muslim interlocutors denied it was a factor. Nonetheless, the team did notice many new mosques under construction and various “Islamic foundation” offices operating in Muslim towns. It is hard to see how eastern Muslims could afford to pay for the construction of all the new mosques, so it would seem possible that Middle Eastern money is coming in, as some claim.” the US Embassy Colombo informed Washington.
Ashley Wills
The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The cable discusses the situation in the Eastern province under the ceasefire agreement. The “Confidential” cable written on November 14, 2002 and signed by the US Ambassador to Colombo E. Ashley Wills.
“When queried, Sri Lankan security forces replied that they had not seen any Arabs or Pakistanis visiting the region. GSL officials added that they just were not sure what was going on in Muslim areas, however. They had heard of small extremist groups with names like “Jihad” and “Osama” operating in the east, but did not think they were much of a threat to the peace. Pro-LTTE Tamils that the team met with repeatedly claimed that Muslims were radicalized, and armed and dangerous. One pro-LTTE figure, V. Kamaladas, the head of a local NGO Forum for the east, basically indicated that the U.S. and the LTTE should join together to defeat the Muslims!” the ambassador further wrote.

No 'humbug' commissions, what is needed is a special court – JVP

logoWEDNESDAY, 10 APRIL 2013 
President's humbug commission would not be allowed to conceal mass murders at Matale, despite various commissions have been appointed, people have not heard of any reports of those commissions nor anyone punished for their crimes and the party would never believe justice would be done by such commissions that have been cast to the garbage of history states the JVP.
This was stated by the Member of the Political Bureau of the JVP Anura Dissanayake at a special media conference held at the head office of the JVP at Pelawatta today (10th).  Mr. K.M. Wijeratane, whose three brothers had disappeared during this period, Mr. K.D. Gunaratne, whose brother had disappeared, the JVP Member of Pradeshiya Sabha Mr. Sunil Ranaweera, whose cousin had disappeared, former Provincial Council Member Mr. Gamagedera Dissanayake and Attorney H.M. Sarath Wijeratne also participated.
Speaking further Mr. Dissanayake said, "Various propaganda is being carried out through the media regarding the largest mass grave that has ever been found in this country. The JVP has decided to appoint a special committee to carry out a close study regarding Matale mass murders. Mr. K.M. Wijeratane, whose three brothers were murdered during the 88 -89 UNP government's murderous period, Mr. K.D. Gunaratne, whose brother was murdered and Mr. Sunil Ranaweera, whose cousin had disappeared during this period participate in this media meeting. In addition Mr. Gamagedera Dissanayake, who is coordinating affairs in Matale and Attorney H.M. Sarath Wijeratne who is mediating in legal affairs also participate here.
A special group that investigated the mass grave presented a report to the judiciary recently. In it there was information regarding the period and the state of skeletons. Judicial Medical Officer (JMO) Dr. Ajith Jayasena said that 155 skeletal remains were exhumed from the mass grave; there was evidence of decapitation and dismemberment. He has reported that all information has been recorded with Sketches and photographs after careful study and has been stored. According to him many skeletal remains show the owners had been tortured, they were buried in unnatural postures. There had been several skeletons with evidence of severed heads and limbs. There was a skull that had been sawn. A wire used to give electric shock, a hoop of thorns has been found with skeletal remains. This shows that the skeletal remains and skulls unearthed from the mass grave are those of persons who had been cruelly tortured, whose necks were severed from bodies and people who had been subjected to electric shock. Such types of remains have been found only in two instances in recent history.
The investigators have confirmed that the remains were those murdered during the 88 – 89 period. Now the murderers have got scared. The UNP is making various distorted statements. Mr. Lakshman Hulugalla at the Ministry of Defense too has got excited. The UNP as well as the government have been disturbed. Hence, we are confident that a powerful hand would encroach to sweep the investigations under the carpet. Instead of accepting the report of the Judicial Medical Officer they are coming out with other stories.
Hence, we have a justifiable doubt regarding the whole process. The president attempts to appoint a 'humbug commission' to conceal and cover up the incident. How many various types of commissions have been appointed until now? There are no reports of these commissions. There are no offenders or no punishment. We do not believe that justice would be done by such commissions that have been cast to the garbage of history.
We request an independent judiciary process regarding this. If such a court cannot be established legal procedure could be carried out through an existing court giving priority to the process. The UNP and the government hope the incident would be 'obscured by time'. However, the JVP would never allow it to be forgotten or swept under the carpet. The people in the country should be made aware of it. Those who were subjected to the torture and murder should get justice. The murderers who tortured and murdered the legitimate sons and daughters of this land should be punished.
The incumbent President went to human rights commission during the 88 – 89 period. The people would be able to see whether this leader who gets books written that he was a human rights crusader is actually doing a double acting. He should get a comprehensive investigation carried out. Murder of more than 155 persons and bury them en mass cannot be allowed to be buried. We are having discussions with lawyers regarding legal action that could be taken. We are considering whether the ongoing legal procedure is sufficient or whether it is necessary to begin a new process. We hope carry out the maximum legal mediation. The JVP has also prepared a programme to research for more information, gather information regarding relatives of the murdered, have a dialogue with them and form a powerful front amassing all those who have been affected, force the government to act and finally win justice to the victims and their kith and kin."
Mr. K.M. Wijeratne speaking said, "My second brother was in hiding. He was shot dead by the Army. When my youngest brother was in the vegetable plot with his friend the Army took them away at 2.00 a.m. They were detained at Vijaya College for about one and a half weeks. Later, he disappeared. Not even his body was found. Next was the eldest in the family. Army personnel in civilian clothes abducted him from home. He was detained at Thavalamkoiya camp. There is no news about him until now. I suspect that my brothers may have been buried at this mass grave. I want justice done to them."
Mr. K. D. Gunaratne said, "K.D. Illangaratne was my elder brother. He went to Matale town on 13th November, 1989. He was abducted by an unidentified group. We still don't know about his whereabouts. I suspect that my brother's skeleton could be in this mass grave. I hope legal procedure would be carried out properly."
Mr. Sunil Ranaweera said, "My cousin lived in a house at Palleveheeragama in Ratthota in November 1989.
A special raiding group of the Army arrested youths during this time. They were detained at Vijaya College in Matale. My brother was tortured by the Army and was hospitalized. Later, we heard that he was murdered. I do not have even a photograph to show. The murderers should be brought before the law."
Attorney H.M. Sarath Wijeratne said, "The evidence presented here today is enough to reveal to the country that murders have been committed. From the speeches made earlier and from the media you know that several skeletal remains have beenunearthed. The police have reported it to the Magistrates Court. The court, through the Judicial Medical Officer, has determined that the skeletal remains belonged to 88 – 89 period. A group of people who are related to it and believe they have a responsibility and that justice should be done are providing information. They think skeletal remains of their brothers or relations could be in the mass grave. As lawyers we advise them on legal matters. According to criminal law this cannot be pushed under a carpet and legal action can be taken whatever period it belongs to. The police have an opportunity to fulfill justice."
Responding to a question from a journalist Mr. Dissanayake said, "We do not have any trust in a presidential commission. What happened to commissions in history does not allow us to have any trust in them. This presidential commission is to sweep the incident under the carpet and to waste time. We ask for a judiciary process regarding the matter. There are enough facts for such a process. There was definite information about the time. This was stated in court. It is revealed that they had been tortured. Now relatives have come forward saying their kith and kin were murdered, and disappeared. What is needed now it to commence a special judiciary process. Alternatively, a court should be named that gives priority for the hearing of Matale incident. It should be a special court that does not postpone hearings. If the President wants he can have his committee.
Some give various definitions for the MBBS degree. Some get a degree the type of a helper to a mason. Some of our deputy ministers have such degrees. Hence, what is important to us is not the statements made by deputy ministers who have degrees of a masons assistance but information given by a doctor who has a special degree on forensic medicine and a professor who has specialized in geology and archeology. We do not accept stories of bragging media director generals or Nandimithra Ekanayake. Reports of the qualified persons have been presented now. Various stories are told to protect murderers and divert the attention elsewhere. The government may carry out investigations speedily if only the UNP was involved. However, the government is moving sluggishly and is attempting to hush it up as it is not only the UNP that is responsible for the incident. During Chandrika's time various commissions were appointed regarding the 88 – 89 period. In those reports names of UNP politicians and Army officers responsible for incidents were mentioned. Most of them are with the government now. Government's delaying tactics show that it is not only the UNP that is responsible."

A suspicious Army operation at mass grave site

logoTHURSDAY, 11 APRIL 2013 
A special Army group did a special inspection at the Matale mass grave area last night say reports.
Yesterday (10th) night between 9.00 p.m. and 9.25 p.m. a group of Army soldiers who had come in a Bolero vehicle carried out this operation said a special reporter from Matale.
The group had illuminated the mass grave area and had carried out a suspicious operation. The number plate lights of the vehicle had been removed or switched off so that the number of the vehicle would not be visible the reporter said.

Matale Mass Grave: What We Need Is To Bridle The Rogue State


Colombo TelegraphBy Chamara Nanayakkarawasam -April 11, 2013 
Chamara Nanayakkarawasam
I was provoked to write this after seeing the JVP’s ardent reaction on Matale Mass Grave. They, by holding a media conference (on 10th April 2013) where several relatives of the alleged disappeared in 88-89 era also participated, announced two things. One was that the justice should be done for those who were extra judicially killed in that gruesome period. The other was that they are focusing on taking legal actions on this even though the existing legal framework is not up to the expected level of standard in its independence to deal with this sort of a politically sensitive issue.
This development points us to think further.
In the period from 2002 to 2005 where a ceasefire agreement was in force between the LTTE and the Sri Lankan Government there was a very active opposition against separatism within the Southern part of the island which was propelled by the nationalistic forces including JVP also. JVP even though they name themselves a Maxist party very oddly shares nationalistic elements within its innovative ideology. So they could without any shame or hesitation form coalitions with renowned nationalistic and even racist view sharers in order to preserve the so called unitary structure of the Sri Lankan state for which course it took the risk of bargaining 60000 lives in 88 and 89.
The continuous violation of ceasefire by LTTE and the seeming unwillingness on their part for a political solution drove home the majority of the South that the course of these nationalist campaigners is correct. This culminated in the very pathetic and dangerous fate of creating the following EQUATION within the minds of the society from which our nominally literate but virtually illiterate common man is still suffering.
HUMAN RIGHTS= NGOs= LTTE= SEPERATISM= INTERNATIONAL CONSPIRACY
These patriotic forces treated human rights as a taboo because according to their reading it is a NGO coup which is funded by subversive international element to facilitate the course of LTTE. This paved the way to wage a war against terrorism in which the slogan was to ‘answer the LTTE in the language they knows’. I don’t exactly know the meaning of this response. LTTE was a terrorist organization with strategies inherent to such an organization. Sri Lankan government is a democratically elected government which is vested with the unavoidable responsibility of protecting the lives and rights of its citizens and even of the terrorists who go against the state. To me, therefore ‘answering LTTE in the language it understands’ stands as curious question. There was no check on the way war was going on. All the so called artists lobbied with the popular course of war and humane and pathetic aspect of a militarily elimination was never taken to the limelight. This is why the very HUMANE Buddhists of this country are overlooking the question whether you can approve a war if there finds credible evidence that rape and other forms of inhumane treatments have been perpetrated.
Under such a backdrop, JVP who is responsible for interpreting human rights as a taboo and an instrument of the international conspirators is now very ardent on the human rights of the tortured and disappeared youth of the South in 88 and 89. JVP is protesting that there should be an independent inquiry on the Matale Mass Grave. Are they honest to request the same in candid way in case of Tamil youth of North also?
A media spokesperson speaking on behalf of the ministry of defence since the name of the all-powerfulSecretary to the Ministry of Defence  is also linked with the incident in clarification mentioned a few names of military officers who also served in Matale at that time and later who became national heroes due to their role in defeating the LTTE. This again highlights a very important aspect of this issue. If state goes wild race, castle or religion is a not a factor. It is the State which is action!
In defeating JVP and LTTE it was the same military which served the STATE. It was the same commanders who waged war. IF there was brutality and inhumane treatments in their approach to eliminate terrorism in both the instances it was the same military. According to my analysis, the reason behind the Chandrika Bandaranaike government not taking further actions based on the recommendations of the Commission reports on 88 and 89 was that the government forces who were waging war with LTTE under her government was accused by those reports. Therefore the government didn’t want to demoralize the military.
JVP which is very ardent and sentimental in its voice in speaking of the rights of the disappeared in 88 and 89 are silent on the rights of suspected LTTE cadres. Boossa was the detention centre of JVPers at that time. Now it is occupied by alleged LTTE suspects. Thousands of Tamils who are lingering in these detention centres are still not brought to justice. No charges; no prosecution. If JVP is really for human rights they should take up these issues also. When I once told a senior lawyer who is from Jaffna that most of our people don’t know that Boossa is still a detention centre he replied me that Tamil people are well aware of it since their relations are lingering there. This is the internal disunion and distance we have created within our people in a liberated country.
It is very interesting that UNP who were in power in 88 and 89 is also requesting an independent inquiry on Matale Mass Grave. It was the policy of the then government which was implemented by the insensitive and robotic tool of the state. This position of the UNP on this issue directs us to interpret it in two ways. One is that UNP has become very human rights friendly and democratic. The other is that they are playing politics since the name of an all important person is linked with the issue. But the problem is how UNP can without any sort of guilty feeling or shame can raise its voice on human rights violations in 88 and 89. On the other hand the present president was a so called human rights activist as they refer him and who tried to use Geneva as a stage to save the lives of the innocent youth from the atrocities of a State gone wild. After 20 years later he was holding the powerful position who could have acted a savior but who didn’t. This shows nothing other than the duplicity of our politicians and non serious nature of politics in this context in dealing with very sensitive issues.
Sri Lanka is a rogue state where human rights can be violated with impunity. There are ample examples. The regime is not a question. The victim of these atrocities is not limited to a particular region and race. What country requires is bona fide human rights campaign from the people to rehabilitate their state before it taps on their door also to drag them out and be summarily executed. What we need is to bridle the State.
*Chamara Nanayakkarawasam- chamarananayakkarawasam@gmail.com

Concern grows for welfare of ASIO detained refugees on hunger-strike

Thursday, 11 April 2013 
The Australian Tamil Congress (ATC) is deeply concerned about the physical and mental well-being of the Tamil refugees currently on hunger-strike in Melbourne. Two men on hunger-strike were admitted to hospital yesterday, one with internal bleeding and another who is diabetic but is declining medical treatment.
"The act of indefinite detention is soul-crushing. It squeezes out any hope of a normal life and leads to severe mental health issues. It is utterly inhumane and many of these men, women and children who have already experienced trauma in their home countries do not deserve to be mentally tortured even further," said Mr. Bala Vigneswaran of the ATC.
"It is time to question one's conscience and make policies that are humane. We call on the Minister for Immigration and Citizenship and the Attorney General to act as matter of urgency to bring an amicable solution immediately for those on the hunger-strike and a just solution for all in indefinite detention. The ATC will be ready to provide any assistance to the Department and the genuine refugees so as to avoid any further deterioration in the physical and mental well-being of these people," he added.
There are nearly 60 recognised refugees in Australia detained indefinitely following adverse security assessments by ASIO. Most of them are Tamils. There are four women and seven children among these long-term detainees. Two women have delivered children while in detention, and two women lost their husbands who were killed in the final stages of the war in the island of Sri Lanka. All their children, who are also in detention with them, are less than 10 years of age.

Doctors urged to not force-feed detainees

Bianca Hall

Bianca Hall

Bianca Hall is immigration correspondent

April 10, 2013

News.    Nauru.    september 19.    photo by Angela Wylie.    pic shows asylum seekers on their first day in the compound at Nauru after  their long voyages on the Tampa, Aceng and Manoora.     fairfax.  digital.  ajw010920.002.002.
The 28 refugees have vowed to refuse food and water until their demands for freedom are met. Photo: Angela Wylie
Melbourne asylum seekers engaged in a hunger strike could have just days to live, Australian Medical Association president Steve Hambleton said on Tuesday.

The 28 refugees - given negative security assessments by ASIO - have vowed to refuse food and water until their demands for freedom are met. They began their hunger strike on Monday morning.

''Broadly, one can live without oxygen for four minutes, water for four days and food for four months,'' Dr Hambleton said. ''Water's actually an essential nutrient that very rapidly will render a person very, very unwell … with zero intake. You can become very sick very quickly. It sounds like it's a silent, extreme desperation.''

Dr Hambleton's comments came as the AMA announced it would recommend to its members they refuse to force-feed detainees engaged in hunger strikes, under new ethical guidelines.

The AMA's new position binds doctors to respect the wishes of people who have made an informed and voluntary judgment to refuse food. It argues that under these circumstances, forced feeding of hunger strikers ''is not justifiable''.
''Where a prisoner or detainee refuses nourishment and is considered by the doctor to be capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, the doctor should refuse to co-operate in artificial feeding,'' the guidelines state.

''Forced feeding contrary to an informed and voluntary refusal is not justifiable.''

The guidelines say that any doctor who objects to withholding food from someone wanting to starve themselves should make this clear to the detainee, and refer them to another doctor who is willing to abide by the detainee's wishes.
The issue of whether or not to force-feed immigration detainees is an ongoing dilemma for doctors involved in Australia's detention system, which has been plagued by hunger strikes and self harm.

Under separate asylum seeker guidelines, the AMA only recommends doctors ''should be free to refuse to co-operate'' in artificial feeding, and decisions about whether individuals are able to form judgments should be confirmed by at least one other doctor.

AMA federal president Steve Hambleton said the association would now review its asylum seeker protocols, and said the association believed all people in Australia, regardless of their circumstances, should have the same access to healthcare.

He said the AMA consistently argued that immigration detention harmed asylum seekers. ''We've seen a lot of times that detention is inherently harmful, especially long-term detention,'' he said.
A spokeswoman said the Department of Immigration and Citizenship had an obligation to ensure the health and welfare of citizens.

''The migration regulations authorise the secretary of the department to initiate involuntary medical treatment to a detainee in limited circumstances, where the person's life or health is under serious risk.''
She said the department had no power to compel medical practitioners to perform procedures they did not support.

Read more: http://www.smh.com.au/opinion/political-news/doctors-urged-to-not-forcefeed-detainees-20130409-2hjhw.html#ixzz2QADJkt1Q