Lanka, US in diplomatic row over Iran oil

Govt. denies charges by Washington, says no crude from that country

Sunday, May 26, 2013

Sri Lanka and the United States are embroiled in a diplomatic row after Washington accused Colombo of violating US sanctions on Iran. The issue was raised at last Tuesday’s Cabinet meeting by Economic Development Minister Basil Rajapaksa. He said the US had communicated it to the Government.

President Rajapaksa, who chaired the meeting, was to remark that small countries like Sri Lanka were being picked for such accusations. However, he named at least two other leading countries in the Asian region and said “there was nothing if they were to engage in it.”

President Rajapaksa directed acting spokesperson Anura Priyadarshana Yapa, who is also Minister of Petroleum Resources, to publicly deny the accusations. He did so but did not name the United States. Mr. Yapa told a news conference on Wednesday that no crude oil had been imported from Iran since 2012. He, however, did not make any reference to the US protest and the resultant discussion at the Cabinet. Instead, Mr. Yapa was denying what was claimed to be allegations made by the main opposition United National Party (UNP).

Mr. Yapa said that 20 per cent of Sri Lanka’s requirement of crude oil was imported from Iran in the first half of last year. Thereafter, ten per cent more of the country’s requirements were brought down in the latter half. Since then, there had been no crude oil imports from Iran.

The latest Colombo-Washington row over Iran sanctions busting comes amidst another tussle. The Government has taken strong exception to the United States embassy in Colombo working out an arrangement to set up an American Activity and Information Centre in collaboration with the Trincomalee Urban Council. The External Affairs Ministry has charged that it had been worked out without its prior consent.

In recent years, the US Congress has dramatically expanded the range of activities subject to sanctions, going beyond investments in Iranian petroleum and gas production to include purchases of Iranian crude oil and almost all financial transactions. This encompasses banking and insurance transactions (including with the Central Bank of Iran), shipping, web-hosting services for commercial endeavours and domain name registration services.

Congress has also increased the penalties that can be imposed on offending entities, such as cutting them off from the US financial system. Secondary sanctions against corporations have reduced the willingness of companies and banks in many countries to do business with Iran.

There was no immediate response from the US embassy in Colombo.

Navi Pillay to visit SL in August MONDAY, 27 MAY 2013 High Commissioner for Human Rights Navi Pillay will undertake a visit to Sri Lanka from 25 to 31 August 2013, in response to an invitation formally extended to her by the Sri Lankan government in April 2011, the government said. Addressing the Human Rights Council -23rd Regular Session in Geneva today Permanent Representative of Sri Lanka in Geneva and the Leader of the Sri Lanka Delegation Ravinatha P. Aryasinha said that Sri Lanka considers this visit as part of its continued, transparent and proactive engagement with the High Commissioner and the Office of the United Nations High Commissioner for Human Rights (OHCHR). “We believe that the visit would enable the High Commissioner to experience at first hand the significant strides made and also efforts presently underway in the reconciliation process in Sri Lanka, in the relatively brief period of 4 years since the end of the ruthless terrorist conflict that decimated our nation and its peoples for 30 long years.” He also said, “We hope that through the visit, a platform will be built for constructive engagement between Sri Lankan Government and the OHCHR, laying by the fallacies that have in recent years guided the UN system's actions and engagement with respect to Sri Lanka and its reconciliation process.”

Sri Lankan bosses brought over by 'Ten Sports'

Monday, 27 May 2013

Taj TV channel owned by Ten Sports has reportedly managed to get the broadcasting rights of the India-Sri Lanka cricket tournament scheduled to be held in 2017.

The India-Sri Lanka cricket tournament consists of two test matches, five one day matches and three 20-20 matches. Sri Lanka Cricket has sold the broadcasting rights of the cricket tournament to Ten Sports at US$ 1.1 million for each day of the tournament.

The Indian Cricket Board charges US$ 6.5 million per day from Ten Sports for broadcasting rights.

Sources from Sri Lanka Cricket say that Sri Lanka stands to lose Rs. 4 billion in revenue by selling broadcasting rights of the tournament for US$ 1.1 million per day when it could have been easily sold for at least US$ 3 million per day.

Unconfirmed sources say that the Rs. 4 billion in revenue lost by Sri Lanka Cricket by selling broadcasting rights of matches up to 2020 for US$ 46 million per year has been divided among the bosses at Sri Lanka Cricket.

Following is the manner in which the monies had been divided:

Namal Rajapaksa – US$ 5 million

Mahindananda Aluthgamage – US$ 3 million

Jayantha Dharmadasa – US$ 2 million

Nusk Mohomad – US$ 2 million

Nishantha Ranatunge – US$ 2 million

Hilam (head of tour organizing) – US$ 0.5 million

Ajith Fonseka – US$ 0.5 million

Asanga Seneviratne (former vice president) – US$ 2 million

The transaction was reportedly coordinated by Sri Lanka Cricket Secretary Nishantha Ranatunge. He had traveled overseas with former head of the Interim Committee Upali Dharmadasa and had entered into the agreement without the approval of the President or the executive committee of Sri Lanka Cricket.

Since the term of office of the President and executive committee of Sri Lanka Cricket is two years, parties interested in the board have questioned as to how an agreement could be entered to cover seven years. Sources from Sri Lanka Cricket say that the situation has got worse since the current head of the board; Jayantha Dharmadasa does not act independently and is a puppet manipulated by others.

Journalist arrested for aiding and abetting Thero to commit suicide

MONDAY, 27 MAY 2013 

A journalist has been taken into custody by the CID on charges of aiding and abetting Ven. Bowaththe Indarathana Thera who committed suicide by setting fire to his body opposite the Temple of the Tooth in Kandy.

Several other journalists too have videoed the incident.

Worries of BBS: Wimalajothi Speaks With Logic And Gnanasara Speaks With Violence

By Rifai Naleemi -May 27, 2013 

Rifai Naleemi

I really appreciate the critiques of my writing. I always welcome the constructive criticism. But such criticism should be an objective one not a subjective one. Of course my objective approach might be a subjective to you.   This occurs according to different perceptions of your understating.   But yet, we should all try to understand issues and problems in comprehensive ways. We should substantiate our arguments with evidence and logical reasoning.

The criticism that provokes our thought and stimulate our creating thinking should be recognised. But all these should be done objectively without any prejudice and discrimination within the etiquette of academic writing:  it is not my objective to make any communal division or social disharmony rather to enhance of comparative religious understanding. Please do not take my writing out of contexts; I have been calling for communal harmony and religious dialogues between different communities. It is not my aim to hurt feeling of any religious community rather I make staunch criticism of BBS group for its apparent bias and racial remakes.

I know well that Sinhalese race is one of the best races in the world: They are kind, compassionate and polite people. I do not say that but history itself testifies this. What happening now within the BBS group is totally a different matter?  I’m telling this because BBS has been expressing communal resentment and religious jealousy in its recent public talks and speeches. The entire world knows that. It is self-evident from their talks and speeches. It is self evident from their behaviours, actions and mentalities as well. Any sound person would agree with such statement. We know well that the majorities of Sinhalese people deplore the actions and behaviours of BBS.  I repeatedly re-iterate here that my aim is to expose the hatred of BBS rather than hurting feeling of people.

I never and ever generalise this issue with Sinhalese people.  I single out some policy statements of BBS for its bias approaches and attitudes.  I do not think that BBS represent the majority of Singhalese people. The majority of people do not subscribe to BBS view points. They do not endorse their ideologies, policies and perceptions. The majority of venerable Buddhist monks do not endorse the radicalism and extremism in any form. One could notice the clear disparity in the speeches of Galagoda Aththe Gnanasara Thero of BBS and its President Venerable Kirama Wimalajothi Thero. While the venerable Kirama Wimalajothi Thero speaks with politeness and logic we notice the venerable Gnanasara Thero speaks with aggression and violence.  His speeches are self evident for hared. Please listen to some of speeches and talks to see how much aggressive are his talks and speeches. Is this Buddhist way of addressing issues and concerns? Of course not at all and majority of Buddhist people deplore these attitudes.

Of course, some concerns and worries of BBS are genuine and real.  They should address these concerns in proper and professional ways. They should address these concerns in democratic ways rather creating communal disharmony and pandemonium. They should address their concerns and their worries with the ministry of Buddha Sasena. They should address these concerns with the high ranking Buddhist religious authorities in the country. They should address their concern with the administration of the temples in the countries to find some of ways and methods to enhance their religious concepts.

They should not take the laws in their hands to address their concerns. They should not become a religious police to dictate what they want to the entire Sri-Lankan communities. A claim such as Sri-Lanka belongs only to Sinhalese is an unwanted provocation. This could take this country into one more communal conflict between Sinhalese and minorities communities. Just we come out of 30 years of wars.  Do we need such a provocative statement once again?

Of course we could agree with BBS in some of their concerns and worries. But those concerns and worries should be national concerns and national interests rather than communal concerns. If they are fighting for the rights of poor, needy and vulnerable in the communities these concerns and worries are genuine and real. The entire nation should support such a struggle, if they are fighting against all form of corruptions and social injustices we all should support such a good course. If they are fighting against all form of social illness such as drug addition and fraud we all should support them in this good work, if they are fighting against alcoholism and crimes we all should work hand in hand with them in these particular issues.

Our country faces many challenges today than ever before. It may be true that the war with LTTE is already over and yet, the country faces many economic and social challenges.  A large proportion of people suffer from abject poverty. People in the villages are struggling to make end meets in the life.  People are struggling to meet basic necessities of daily life. A large percentage of school drop outs do not get job opportunities and career prospectus. These are  clearly apparent in rural villages in some districts in Sri Lanka.  We should go to some remote villages to see the pathetic conditions of people in rural areas. For instance look at the conditions of Plantation Tamils in Estates. They have been dedicating for the economy of Sri Lanka for the last 6 decades and yet see the conditions they are living in today. In the same ways farmers of Sri Lanka are backbones of Sri-Lankan agricultural sector and yet, look at the conditions they are living in today.  Rather than addressing these fundamental problems BBS is engaging in communal racism. Ironically it is in the name of Buddhism and Buddhism has nothing to do with racism.

Any foreseeable danger comes toSri Lanka today not from Sri Lankan Tamil community or Muslim community in Sri Lanka rather it could come from Tamil Nadu in long run. With its 65 millions Tamil populations it could become a threat in a long run if Sri Lanka fails to establish good diplomatic and social ties with Tamil Nadu. Sri Lanka has so far managed to build up good diplomatic relations with India and yet, our relation with Tamil Nadu has been not that good in recent time. No Tamil Nadu high ranking politician visited Sri Lanka and our presidents and PM are not yet, been invited into Tamil Nadu. This widening diplomatic gap should be worrying BBS and its cohorts rather than creating more communal disharmony between communities.

BBS is a real threat to national unity today. They create division between communities today. They spread hared among communities today. They spread lies and fabrications without any evidence.  The racial discrimination and racial prejudice of BBS can not be tolerated.  BBS should be dismantled in the greater interest of this nation. It would be a social and communal suicidal to go on this path of discrimination and hatred.  We all know that happened to our venerable monks in South India. Undoubtedly, it was reactionary violence of some Tamil Nadu people against what was going on in Sri Lanka on those days.   The behaviours of some of these BBS people could put communal relation in jeopardy in Sri Lanka.

Radicalism is radicalism and extremism is extremism, whether it comes from Muslims, Christians, Hindus or Buddhists, whether it comes from religious groups or political groups or from any groups, whether it comes from al-Qaeda or Taliban,  whether it come from BBS or for that matter from any religious groups.  The radicals and extremists have done more damages and more harm to Islam and Muslims today than any one else. In the same way all forms of radicalism that come from BBS should be rejected.

Sri Lanka is blessed with the existence of four major world religions. The different cultural and religious heritage beautifies Sri Lankan Multi-Cultural history. It should not lead to communal and religious conflicts at all.  It should enhance our mutual intercultural understanding.  Unfortunately, this intercultural understanding is lacking in Sri Lanka today. Our children have to learn all four major religions today.  Our children should know each other’s religious faith and practices.  This is not to indoctrinate one another with others faith rather to enhance mutual understanding between different faith groups.  Today we live in a borderless virtual world.  Therefore, we should understand each others faith and way of life. We should also appreciate other people’s way of life. In this way we could avoid social and communal conflict in Sri Lanka.  Our schools, institutions and universities have no such systems to learn and teach comparative religions. It is really a pathetic condition  of our educational system.   I shall give some examples of this cultural conflict to illustrate this point in my next week writing if God willing.

Customs: What the devil is happening? - Editorial

MONDAY, 27 MAY 2013 

With corruption raging at its worst-ever levels and hundreds of millions of rupees in public money being plundered by state officers and private racketeers the Customs Department--instead of helping to fight corruption inside the department and by import-export racketeers appears to be adding more oil to the palm.

According to media reports the Customs Director General Jagath P. Wijeweera has issued a directive curbing the powers of Customs Officers to conduct surprise raids on alleged financial swindlers. His directive insists that Customs Officers, before making any raids on alleged swindlers must make a submission providing all details to a director and obtain what is strangely called a “Writ of Assistance”. Angry Customs Officers said by the time such submissions were made and, so-called writ obtained the alleged swindlers would probably get a tip off from someone in the department and the raid would be futile or a waste of more public money and a danger to their lives too. Our sister paper, the Sunday Times front page picture yesterday showed how Customs officers who face death threats had to get the assistance of the Police Special Task Force to check on a container allegedly containing smuggled items.


The Customs Chief says the new regulations are necessary because many complaints have been made of Customs raids on big private businessmen and others without substantial evidence. Many independent observers and analysts would justifiably ask whether this is the real reason or whether there had been high level political interference to prevent raids on big time racketeers who have big time political connections.

We are not suggesting that the Customs Department itself is a clean or clear cut corruption fighter. Recently the former Director General of Customs was transferred because he had the courage to order a raid on swindlers who apparently had VIP political connections. Even among the customs officers few could be said to be uncorrupted or incorruptible because the whole system stinks as do many state and private sector businesses.

Two years ago one of the few honest and courageous Custom officers, Assistant Superintendent Sujith Prasanna Perera, was given a top award by Transparency International for carrying out his duties faithfully though it cost him his life. According to Transparency International he was courageous enough to fight against several questionable orders by his superior officers favouring suspected parties during inquiries into Customs offences. He was one officer who was able to convince the head of the department to reverse such flawed orders and subject the accused to appropriate punishments.

There was also an incident when a Customs officer illegally altered or deleted data in the computer system to favour a group of businessmen to cover up their fraudulent activities thereby preventing a post-audit being conducted. Sujith Perera exposed this officer who was subsequently dismissed.He exposed another Customs officer who was helping a group of smugglers to smuggle several consignments of commercial goods in the guise of cargo brought in under duty free facilities thereby denying the state of revenue. He was a key witness in the court case as well as the disciplinary inquiry against that officer.  His in-depth investigation also exposed the involvement of another Customs officer who had willfully assisted a group of smugglers to clear several import consignments on forged Customs duty payment receipts.  Here again he was the key witness in the inquiry against the suspected officer.

Sri Lanka is facing a major economic and foreign exchange crisis and we urge the Rajapaksa regime to take immediate remedial action before absolute power corrupts absolutely.

Basil takes Rs. 1.5 billion after leasing an island in Kalpitiya

Monday, 27 May 201

Economic Development Minister Basil Rajapaksa has taken a bribe of Rs. 1.5 billion after leasing a 450 acre island in Kalpitiya on a 99 year lease, it is learnt. The island was leased out to the Sapphire Bay Resrort (Pvt) Limited for Rs. 1 billion. The remaining Rs. 1.5 billion has been surreptitiously taken by the Economic Development Minister.

Although a perches of land around the island is estimated at Rs. 10,000-Rs.15,000, Basil Rajapaksa has estimated a perches at Rs. 3,470 in this transaction. The government however has received only Rs. 1,380 for a perches in this transaction.

After finding out this development, other investors who have come forward to take on lease other islands in Kalpitiya have requested that the land values be estimated according to Basil Rajapaksa’s valuation. The government is facing a risk of losing out on billions of rupees from the lease of islands as a result. After hiding the true details about the transaction, Basil has now appointed a tender board to call for tenders to lease out the other islands.

What Presidential Spokesperson Mohan Samaranayake said then

Monday, 27 May 2013

Presidential Spokesperson Mihan Samaranayake made a statement about the use of media when a bomb exploded at the French Corner in Nugegoda several years back.

Mohan Samaranayake was quoted in the Lakbima newspaper on 2008.3.6:

“…When a person was on fire and burning to death, another person without helping him started to video the scene. This kind of mentality is created in a person by the war.”

The manner in which the media reported the self immolation of a Buddhist monk outside the Dalada Maligawa in Kandy is yet another fine example of how the modern media builds itself on reporting clashes, even intensifying them sometimes and being part of such clashes.

We believe that establishing a peaceful media culture could help bring about ethnic harmony.

Diasporic Tamils, Ultra-Nationalists And Thoughts On Another Vesak Day

By Tissa Jayatilaka -May 26, 2013 |

Diasporic Tamils, Ultra-Nationalists and Thoughts on Another Vesak Day by nelvely

The Politics of anti-Rohingya Violence in Myanmar
Geop litical monitor

May 15, 13

Though tension and mistrust have long existed amidst the myriad of ethnic and religious groups that comprise Myanmar’s society, they erupted with uncommon severity during the violence of last year. In May 2012, following allegations that a Muslim had raped and murdered a Buddhist woman, a series of protracted riots rocked the western state of Rakhine, home to a large community of Muslim Rohingyas. The riots, which persisted through the summer of 2012 and reignited once more in October, killed hundreds, displaced thousands, and even prompted an intervention by Myanmar's military.

The Rohingyas were easy targets for the Buddhist majority to rally against. Far from central Myanmar and ethnically distinct, many people in Myanmar consider them to be outsiders, occupying Myanmar’s territory without a legitimate claim to do so. They have been discriminated and legislated against, and are officially considered to be non-citizens under law.

However, the violent outburst of this past March hints at a more widespread hatred within the country. The violence occurred in Meiktila, a city in central Myanmar, against non-Rohingya Muslims, whose citizenship status cannot be questioned.  

It began with an argument in a Muslim-owned shop in Meiktila, which escalated into a fight, and later saw a group of Muslim boys forcibly dragged into the street and brutally murdered by a cheering mob. After that, anti-Muslim violence spread outward, leaving a wake of ransacked homes and burnt mosques in several outlying towns, including Oh The Kone, a mere 50km from Rangoon, Myanmar's former capital and largest city.

The aftermath of these attacks was bleak: rows of houses set to the torch, and thousands of Muslims displaced, being forced to live in guarded camps as refugees in their own country.

The government response has been somewhat inadequate, continuing what appears to be a growing pattern. Throughout the rioting in 2012, responses from Myanmar’s leaders either lacked sincerity, or were misguided, serving only to fan the flames and drive violence.

In keeping with this trend, government reactions to the killings and displacements of the past few months have been rather mild. Some reports have claimed that police stood by while violent crimes were committed, lacking either in motivation, direction, or wherewithal enough to stop them. President Thein Sein and the widely-beloved Aung San Suu Kyi issued a joint statement urging a respect for law and order, but aside from lip service to tolerance and peaceful coexistence, they have not outlined a plan to protect the rights of religious minorities, nor have they fully acknowledged how deep the animosity runs.

For Thein Sein and his military-aligned government, antagonizing Muslims is a political boon. Either by refusing to crackdown on these outbursts, or by periodically pledging actions as extreme as deporting all Rohingyas from Myanmar, he gains traction with the Buddhist majority. If allowed to compete openly and fairly, Suu Kyi's National League for Democracy will almost definitely defeat Thein Sein. He is therefore seeking a wedge issue to even the playing field.

It is therefore in his political interest to court, or at the very least avoid alienating, the powerful Buddhist monks who form the heart of anti-Muslim sentiment. Though they may have a reputation for being passive and detached, the Buddhist religious leaders in Myanmar are far from cloistered. They form an important part of domestic civil society, and are deeply engaged in politics and the political climate. Many of the most outspoken and respected Buddhist leaders are wary of Islamic culture. They fear what they perceive to be the spreading of Muslim values and norms which contradict their own, and which they believe might lead to changes in society, such as the role and treatment of Buddhist women.

Capitalizing on these fears may be the best hope Thein Sein has in delaying the NLD's rise to power. Suu Kyi has built her philosophy and her party on defending minorities and human rights in Myanmar, so eventually, she must choose between pandering to intolerance, thereby turning her back on what she stands for, or speaking out passionately against hate and discrimination, jeopardizing her long and arduous efforts to penetrate military governance. Thein Sein is no doubt hoping that Suu Kyi comes out firmly in favour of the Muslim minorities, thereby alienating a great many core Buddhist supporters, and driving them into his camp.

So far, however, Suu Kyi seems not to have made a decision. Certainly she has called for a restoration of order and a respect for one's fellow citizens, but not with the fervour and passion she was able to muster when she was a political prisoner. Muslims, and especially the Rohingya, are so unpopular with such a large segment of Buddhists that she is forced to walk on eggshells.

It seems, then, that no one in the political leadership is willing to campaign against the growing intolerance and communal animosity that is spreading throughout Myanmar. It doesn’t take a crystal ball to know what happens next. 

Zak Rose is a contributor to Geopoliticalmonitor.com

Mervyn On The Rampage Again!

• Kelaniya PS Chairman, member claim

By Nirmala Kannangara-Monday, May 27, 2013

Prasanna Ranaweera in hospital, Police report on the Madawala murder and Prasanna Ranaweera

The Mervyn Silva plague has once again raised its ugly head in the Kelaniya electorate. This was evident when a gang of five thugs headed by Damayanthi Perera, who is said to be the head of Silva’s Women’s Organization,  assaulted the Chairman of the KelaniyaPradeshiya Sabha, Prasanna Ranaweera and Pradeshiya Sabha member Nadeeka Sampath Vitharana on Thursday for not recognizing Minister Mervyn Silva as the Kelaniya UPFA Chief Oraganizer.

Mervyn on the Rampage Again! by nelvely

Havana peace talks fruitful

MONDAY, 27 MAY 2013 

Peace negotiators for the Colombian government and the country’s largest rebel group said on Sunday (27th) that they had reached an agreement on a plan to reduce inequality in rural areas.

The deal was announced in Havana, where the two sides have been meeting in an attempt to end the long-running guerrilla war in Colombia. The agreement was seen as an encouraging step, though there are significant obstacles to be cleared before a comprehensive peace accord can be reached.

The agreement announced on Sunday calls for the government to distribute land to small farmers and undertake development projects that would improve education and infrastructure, among other measures. It will not take effect until a final peace agreement is reached. The deal took negotiators for the government and the rebels — the Revolutionary Armed Forces of Colombia, or FARC — six months to hammer out; the subject was expected to be one of the less contentious in the talks.

Now the two sides are to turn to thornier issues, including the question of how to clear the way for former guerrillas to participate in politics, how the rebels will be disarmed.

“What we have agreed to in this accord will be the start of radical transformations in Colombia’s rural and agrarian reality, with equality and democracy,” the negotiators said in a joint statement.

The concentration of landholdings in the hands of a small number of powerful owners has long been a problem in Colombia. The inability of small farmers to gain access to land led to the creation of the FARC in the 1960s.

President Juan Manuel Santos surprised Colombians last year by announcing his intention to negotiate peace with the FARC. Mr. Santos said that the talks must be completed this year and that he would not allow them to drag on indefinitely. He is expected to run for re-election next year.

Mr. Santos said in a Twitter message on Sunday, “We celebrate, truly, this fundamental step in Havana toward a full agreement to put an end to half a century of conflict.” The fighting has continued to simmer as the two sides talk.

Two more policemen get assaulted

MONDAY, 27 MAY 2013 

Two policemen have been assaulted by youths at Nillakanda area at Bulathsinhala say reports.

The two policemen were attacked while riding a motorcycle when two factions of the youths in the area were having a fight. The two policemen have been admitted to Horana Hospital.

One youth has been arrested on suspicion and investigations are being conducted to arrest two more youths.

Tamil arrested at Katunayake

Sunday , 26 May 2013

A Sri Lankan Tamil with British nationality was arrested yesterday early morning at Kattunayake Airport by the Terrorism Prevention Unit and after interrogation he was released. The arrested person is Thavarajan Ragunathan aged 50 years.

He is the brother who is the owner of a star hotel near the Jaffna General Post Office.

He had been living in Britain for a prolonged period after leaving Jaffna returned yesterday early morning hours at about 12.40 p.m was arrested at Katunayake Airport. On conclusion of inquiry he was released yesterday evening.

Torture victims win test case over detention in UK immigration centres

High court orders Home Office to compensate four asylum seekers and says it failed to follow own policy on torture victims

The ruling at the high court is likely to pave the way for more than 100 other torture victims who were wrongly detained to seek compensation. Photograph: Graham Turner for the Guardian

Alan Travis, home affairs editor-Tuesday 21 May 2013 

The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.

More than 100 other torture victims who have been wrongly detained are expected to make compensation claims following the test case ruling. A fifth case was settled at the doors of the court. The amount of compensation is being negotiated.

Mr Justice Burnett, who made the ruling, said he found it disturbing that the Home Office's own rules, which require those who claim to have suffered torture to be medically examined and released from detention, had not been followed.

The case, brought by Medical Justice, a network of asylum detainees and doctors, and the Helen Bamber Foundation, followed the publication of a dossier of 50 cases of torture survivors who had been routinely detained in immigration detention centres.

Medical Justice says it has issued more than 100 "medico-legal" reports prepared by volunteer doctors for detained torture survivors each year who may now claim compensation.

The campaigners say rule 35 of the 2001 detention centre rules, which were designed to prevent torture victims being locked up, have been routinely flouted. Rule 35 requires that those who have been tortured should be identified by medical staff, medically examined and a report sent to UK Border Agency officials who should decide whether to order their release.

The ruling also follows criticism from the United Nations high commissioner for refugees that inadequate screening processes meant rape victims and torture survivors who claimed asylum in Britain could find themselves being led off to a detention centre in handcuffs.

The case has already led to a change in the Home Office guidance on the operation of rule 35.

A Home Office spokesperson said the findings of the complex judgment would be considered very carefully. "Although we are disappointed with aspects of the ruling, we note that the high court has endorsed our wider policy regarding the detainment of former torture victims."

She said that those who had survived torture were normally only considered suitable for detention in very exceptional circumstances "but there may be times when it is necessary to detain individuals before they are removed from the UK."

Burnett said the Home Office had failed to apply its own rules, with independent reports of evidence of torture not being recognised or acted upon.

Jamie Beagent, of the law firm Leigh Day, who represented the torture victims, said that in each of the cases the Home Office had failed to follow its own rules. "Obvious physical evidence such as scarring was missed and reports were not prepared on time or at all. In most cases a detainee's allegation of torture was recorded without any actual medical assessment or concerns raised. In turn, Home Office caseworkers simply accepted these reports without seeking more information and dismissed allegations on the basis that the caseworker did not believe the detainee."

Natasha Tsangarides, of Medical Justice, said: "This judgment demonstrates the contempt in which the Home Office holds the rule of law. All the victims were found to have been imprisoned unlawfully, which shows that Home Office safeguards to prevent the detention of torture survivors are not working."

The cases included that of a Nigerian who had been the driver of a politician who had been forced from office and believed his employee was involved in some way. The victim's father had been killed and he had been tortured and severely beaten and still had injuries and scarring. The high court judge said a DVD of a failed attempt to remove him which included a struggle and the man being handcuffed made for "disturbing viewing".

Another case involved a woman who had fled Bolivia after being raped and repeatedly beaten by an armed drug trafficking gang who had shot her partner after they arrived in London.