Sunday, May 15, 2016

Dozens in Bangladesh Struck, Killed By Lightning Strikes

Maaz Hussain-May 14, 2016

Lightning strikes have killed 56 people over the past two days, triggering a panic among some people, Bangladesh authorities said Saturday.

After a nearly weeklong heat wave scorched Bangladesh, thunderstorms hit the country’s 14 districts Thursday. The storm produced lightning strikes that killed at least 33 people. Another series of lightning strikes Friday killed at least 23 other people.

The lightning strikes also injured scores of other people in the past two days.

Most of the people who died or were injured across the country were working in farmlands or were in open spaces when they were struck, police said.

Seasonal weather

Deaths caused by lightning strike often occur during the premonsoon season -- usually between March and May -- and often in rural areas where people work outdoors.

Pabna police officer Abul Hossain told VOA that eight people in Pabna district alone were killed by lightning strikes, adding that the number of people killed in such a short time "has left many people panicking."

Last year, 51 people were killed by lightning.

But there have already been 90 deaths -- including the 56 killed in the past two days -- caused by lightning since March this year.

Mohammad Riaz Ahmed, who heads Bangladesh's disaster management department, said the authorities were concerned with the unusual number of deaths so far this year.

Ahmed said Friday that lightning strikes peak in May in Bangladesh. With more thunderstorms predicted by the end of the month, "we are indeed concerned,” he added.

Some experts also noted that a change in climate temperature might have triggered an increase in the frequency of lightning strikes in Bangladesh.

"As we have recorded, the lightning frequency has been increasing gradually since 1981, due to climate variability and increase in temperature. The temperature in the country marked a significant rise this year, which is apparently the cause behind the increased incidents of lightning," said M. Abdul Mannan, a meteorology department official in Dhaka.

Factors

Gawher Nayeem Wahr, member-secretary of the Bangladesh Disaster Preparedness Forum, said the decreasing number of tall trees has a role in the increase in number of people being injured or killed by lightning strikes.

“Palm and other taller trees usually attract the lightning flashes. But with these trees becoming scarce in rural areas" people are more prone to be hit, Wahr said.

Ahmed, of the country's disaster management department, said the high number of deaths has forced the country to consider the event a natural disaster.

“We will make all efforts, consulting our scientists and other disaster management experts so that lightning strikes cannot be a that big threat in Bangladesh," he said.

South American man infected with a crippling tropical disease after being bitten by a mosquito is facing a life-long struggle
Raimundo has been battling the infection ever since, and watched as his left leg swelled and became elephant-like, almost paralyzing him as documented in tonight's episode of River Monsters---Incapacitated: Raimundo was bitten by a mosquito 20 years ago and contracted Elephantiasis and has been battling the infection ever since. His leg has swollen to the point where he can barely walk

Raimundo has been battling the infection ever since, and watched as his left leg swelled and became elephant-like, almost paralyzing him as documented in tonight's episode of River Monsters

Incapacitated: Raimundo was bitten by a mosquito 20 years ago and contracted Elephantiasis and has been battling the infection ever since. His leg has swollen to the point where he can barely walk

Microscopic infection: Lymphatic filariasis is a parasitic infection better known as elephantiasis

Lymphatic filariasis can be found in many countries throughout the world and is characterized by extreme swelling of limbs or genitals---Microscopic infection: Lymphatic filariasis is a parasitic infection better known as elephantiasis

WARNING: Graphic images
Brazilian man suffers from Elephantiasis, which causes swelling of limps
The painful, disfiguring disease often leaves sufferers incapacitated
He is successfully undergoing treatment in Sao Jose Rio Preto
The treatment is shown tonight on River Monsters

By DAILYMAIL.COM REPORTER- 14 May 2016

It took just one bite from a mosquito for a South American man to be infected with one of the most frightening and crippling tropical diseases.

The man, Raimundo, was bitten by the bug 20 years ago and subsequently infected with Lymphatic filariasis, a parasitic infection better known as Elephantiasis.

Himundo has been battling the infection ever since, and watched as his left leg swelled and became elephant-like, almost paralyzing him as documented in tonight's episode of River Monsters on Animal Planet.

The man, Raimundo, was bitten by the bug 20 years ago and subsequently infected with Lymphatic filariasis, a parasitic infection better known as Elephantiasis.

The disease targets the body's lymphatic system as the larvae reproduce and mature over a period of one year.

The infection is typically characterized by extreme swelling of limbs or genitals, though the majority of people who are infected by the parasite do not develop any symptoms.

However, the worms can damage kidneys and lymph nodes even if a person does not exhibit external symptoms.

It is considered a 'neglected tropical disease'.

Raimundo is currently undergoing treatment in Sao Jose Rio Preto.

The clinic that is treating him - the first time he has sought help for the infection - has managed to drastically reduce the size of the swelling in a matter of weeks.

Though he still has a long way to go.

Doctors at Cunica Godoy initially good not wrap their arms around one part of Raimundo's leg due to the sheer size of the swelling.

As the host of the show, Jeremy Wade, explains, once you get elephantiasis, it is very difficult to get under control.

'Perhaps this is the one I find most frightening because once you've got Elephantiasis it's a life sentence,' he said.

The infection is found in Africa, Central and South America, South Asia, and the Pacific Islands

Doctors can use anthelmintic drugs will expel the parasitic worms from the patient's body.

However in cases like that of Raimundo, who did not immediately seek treatment, it can be a life-long battle.

In terms of prevention, although there is a greater risk for long-term travelers or humanitarian workers, all tourists are encouraged to use insect repellent containing DEET, or diethyltoluamide, the most common kind of insect repellent.

Elephantiasis often leaves sufferers incapacitated as their painful and swollen limbs are incredibly difficult to move.

Because it is primarily found in third world countries, it leaves many with the condition struggling to work, and can be fatal.

This episode of River Monsters will air tonight on Animal Planet at 10PM.

Saturday, May 14, 2016

UNHRC to decide on the possibility of fresh resolution

Juan E. Mendez and Monica Pinto. Pictures by Chinthaka Kumarasinghe

MAY 13 2016

Recommendations calling for Constitutional guarantees to enforce UN human rights treaties, including the Convention Against Torture (CAT) will be an emphasis in the final report to the Human Rights Council by the Special Rapporteurs who visited Sri Lanka recently.

The Daily News had the opportunity to interview the two experts at the UN Compound, shortly after they wrapped up their official engagements in the country.

The two UN legal experts, who had been pleased with the way the government facilitated their mission said it was the member states at the Human Rights Council which decide whether their findings will merit a fresh resolution on Sri Lanka.

The rapporteurs have also proposed structural reforms in the key legal institutions, stressing that the country needed to get rid of the 'old structures of a nation at war'.

Special Rapporteur on torture Juan E. Mendez, a professor of Human Rights Law and Rapporteur on independence of the Judiciary Monica Pinto, a professor of International Law - both of Argentine decent - were here recently on the invitation of the government to review the country’s judicial system and the safeguards against torture. Their preliminary conclusions and recommendations were presented to Foreign Minister Mangala Samaraweera on May 7. Their final reports will be presented to the UNHRC in March 2017.

Excerpts

Q: This is the first time two UN special rapporteurs made a joint visit to Sri Lanka. Is there an underlying message in this to the government

Mendez: I have made joint visits such as this to other countries. It’s basically a way of maximizing resources and especially, taking advantage of the willingness of the state to invite us and accept that we make a joint visit. In addition, our mandates have some interesting and important overlaps, the protection against torture demands an independent judiciary and independent prosecutors. I benefited at least from being able to conduct interviews together with Dr. Pinto.

Q: It wasn’t to say that the country’s Human rights record is so bad that it merited two rapporteurs to visit at the same time

Pinto: No, the government accepted not just us but two other mechanisms for the near future. In fact, our fields overlapped in relevant issues.

Mendez: We thought it was better to make a joint visit in order not to waste time of officials and also to cover more territory as well. We split visits between us.

Q:When visits of this nature take place, political players take center-stage and victims hardly get a chance to speak of their grievances. How do you make sure that you meet the victims of war

Mendez: We met the victims of war and torture, including the people accused of common crime offences, not only political crime. My mandate is to be with victims, survivors and their families. When we visit jails and speak to prisoners, we do that on conditions of privacy, so that they do not have to fear of reprisal for talking to us.

We make a huge effort to talk to the government, talk to civil society, but most importantly to the victims. By the methodology of interviewing, we know whether they are victims or not.

Pinto: I have met a good number of lawyers dealing with cases under PTA and the victims of cases of justice miscarriage, in Colombo as well as in other cities we visited.

Q:Since the last visit of the special rapporteur on torture, has there been any improvement in conditions in Sri Lanka

Mendez: This is my first visit. My predecessor visited Sri Lanka in 2007. His report is available, but I have to compare it with what I have seen. I would say the changes are significant. There is no war to begin with, there hasn’t been war for about seven years. The reports of torture are less frequent, perhaps even the methods are less horrific, but unfortunately, we cannot say torture is a thing of the past. Torture is still frequently used as a method of interrogation. There is a serious case of treatment in prisons and their conditions. The government needs to address those urgently because they are serious.

Q:What is your take on the detention centres, what is the Sri Lankan situation, in comparison Are they as bad as any other detention centre you’ve visited recently

Mendez: We don’t make comparisons between countries. Not because it’s a rule, but because, it is difficult to compare, it really is mixing apples and oranges. For example, in some countries, they have absolutely no physical violations, but they use prolong solitary confinement. It is mental torture. How can one compare if that mental torture is better or worse than physical mistreatment So, we don’t compare.

I would say we visited detention centres here, we found shorter detention centres presented serious problems with ventilation and sanitation, they were supposedly for short periods, but we also visited, penal institutions and remand prisons. There, the conditions were also bad. The question of sanitation and ventilation appears everywhere, but in prisons, overcrowding is a serious problem.

Q: Do you think the conditions that prevail in prisons and detention centres in Sri Lanka are intentional or due to circumstances

Mendez: Torture in interrogation is always intentional. We have enough evidence that it takes place. Conditions in prisons are, generally, not intentional, but they are a matter of neglect. Under international law, cruel, inhuman and degrading treatment doesn’t require intent and the conditions that I saw in prisons amount to cruel, inhuman and degrading treatment, simply by the fact of overcrowding, and the physical conditions of the jails.

Q:What was your message to the government and the President What did they promise you

Pinto: We brought to the government, especially, to the Foreign Affairs Minister, some idea of our conclusions and recommendations. He did not promise anything, he thanked our comments. He said he would be waiting for our report and that both reports would be vital elements. I think he meant both the issues of the constitutional process and the transitional justice mechanism.

Mendez: They don’t make any promises until the full reports are available. What we did today was to submit our preliminary findings. Logically, they would wait for full recommendations. But, we found the officials receptive. We did not find an attitude of ‘you don’t know what you are talking about’. It could have happened!

Q: Will there be any recommendations to be incorporated in the new Constitution

Pinto: I made more recommendations in that field. I think the possibility of drafting a new Constitution or amendment to the Constitution is important. It can make room for some of the safeguards, on the independence and the impartiality of the justice system, procedures and criteria for appointment, removal, accountability mechanisms, including impeachment. It can be a great advantage for the future. Constitutions don’t get changed every two days.

It can also incorporate laws on international human rights, for example, the international convention against torture. It has been ratified by Sri Lanka, but like most other human rights treaties, it is not being enforced.

Q: At the press conference you said the countries facing terrorism have to abide by the same international rules and that they cannot apply special measures

Mendez: We did not say they cannot have special measures. We said special measures have to be in compliance with international law. That’s a different question. We recognise that countries face international terrorism, transnational organised crime. They need to equip themselves to fight those threats. But at the same time, it’s impractical and counterproductive to do it violating human rights standards.

In the area of international terrorism, if countries violate human rights in fighting terrorism, inevitably, they are creating a breeding ground for more terrorism and more recruits. I think the lessons learned from 2001 are clear, that not only you can fight terrorism respecting human rights but you must, because it is a way to be successful.

Q: Do you think the new government will take on board these recommendations in their fight against terrorism

Mendez: We did not discuss that. They told us that they were contemplating legislation in those areas. But since we haven’t seen drafts we did not get into details. We did suggest that we would like to make recommendations along those lines.

Q: What are the possible consequences of the two reports you will be submitting to the UN Human Rights Council next year What will happen if the reports are of a negative nature

Pinto: Each one of us has to draft a report. We have different dates to appear before the HRC. But since we were here together, we will try to present our reports at the same time. Normally, what the Council does is to consider the reports. The concerned state has an opportunity to engage in an interactive dialogue with us, as with all the other member states of the Council. Even at the general assembly next October, we have to present both mandates.

The government will have an opportunity to have a look at the reports, before going public. The text will be sent to the government confidentially. The government has a right to produce a statement. Then the report and the statement of the government will be presented to the Human Rights Council.

When we present our reports to the Council, the state will have the right of reply. We appreciate that the country was ready to invite us.

They have been open to us. All the visits have been facilitated by the Foreign Ministry and the President’s coordinator. It made our life easier.

We believe the government is ready to pay attention to what we are going to tell.

Mendez: Hopefully, we will get a debate at the General Assembly and the Human Rights Council sessions.

That really doesn’t depend on us. It will be the member government’s decision to intervene and ask questions.

Q: Will these reports lead to another negative resolution against Sri Lanka in the Human Rights Council

Mendez: That is up to the states to decide. We don’t propose resolutions but states can and it is voted by the council. We will be there to ask questions, and to defend our reports.

SL calls on Tamil expatriates to compromise

2016-05-14 20

Sri Lankan Tamil expatriates in the UK have been asked to be open to political compromises as the island nation undergoes constitutional reforms.

It is important to make the most of the opportunity as it is the first time that Sri Lankas two main political parties had come together to form a government, Jayampathy Wickramaratne, head of a committee providing technical support to the Constitutional Assembly to draft Sri Lankas new constitution, told a gathering of Non Resident Tamils of Sri Lanka (NRTSL) in London last week.

"It is impossible and is unrealistic to expect all aspirations and demands of everyone are met. There have to be compromises. This is a great opportunity that may not come again, certainly not in the foreseeable future. It is therefore important that this opportunity is not missed. This reality must be recognised," said Wickramaratne, a member of the Steering Committee of the Constitutional Assembly.

Sri Lanka also needed electoral reforms and a clear division of powers between the central government and provincial councils, the political leader said during the personal visit to the UK. NRTSL, which organised the talk, was founded in October 2014 by a group of Tamils from different backgrounds based in Britain to work with the Sri Lankan authorities.

The government headed by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe has launched a process to formulate a new constitution replacing the 1978 statute.

The Tamils demand for a federal system dates back to the days when Sri Lanka, then Ceylon, became independent of the British rule in 1948. Later, the campaign was extended to a separate state demand when the LTTE fought a decades-old war with the government to carve out a separate Tamil homeland.

Chief Minister of Sri Lankas Tamil-dominated Northern Province CV Wigneswaran has in the past said the long-sought federal system in the North and the East to devolve power will not lead to the division of the country.

He has said the planned federal solution would not threaten the integrity of the island nation as it would not lead to separate states.

Politicians from the Sinhala majority have criticised Wigneswaran for raising communal passions at a time the central government was taking steps to achieve reconciliation with the Tamil minority.

TNA is hopeful of a federal solution when the country is expected to formulate its new constitution this year. (PTI)

Inviting Both Sirisena And Sampanthan For Kumbh Mela “Politically Significant”

May 14, 2016

The fact that India has invited the Sri Lankan President, Miathripala Sirisena, and the Leader of Opposition and Tamil National Alliance (TNA) leader, R.Sampanthan, to the Simhasth Kumbh Mela being held at Ujjain, is considered politically significant here.

Although Sirisena and Sampanthan are not on par in protocol, the fact that Indian Prime Minister Narendra Modi has invited the First Citizen of Sri Lanka and the leader of the Tamils, shows the good relations he has with both and is politically “quite significant”, said M.A.Sumanthiran, TNA spokesman and MP for Jaffna district.

Sumanthiran told Express here on Thursday that ever since Modi assumed office in 2014, the TNA and Modi have been maintaining “regular contact”. And right through, the Indian PM has been showing concern for the Lankan Tamil‘s welfare.

Though the official invitation to Sampanthan was extended by the Madhya Pradesh Chief Minister, Shivraj Singh Chouhan, it was done at the behest of the Indian Prime Minister, Sumanthiran pointed out.

Sampanthan left for Ujjain on Thursday. President Sirisena will be reaching Ujjain after concluding his engagements in London. They are expected to have meetings with Modi on the sidelines of the Mela on Saturday.

The function at Ujjain is being organized essentially by the BJP and is meant to build bridges between the Hindus and Buddhists in India and abroad. Modi is trying to use the ancient link between Hinduism and Buddhism to better India’s relations with Buddhist countries in South and South East Asia.

Modi is also trying to promote a “Buddhist Trail” for Buddhist pilgrims coming to India, and to revive the abandoned “Ramayana Trail” in Sri Lanka for Hindu pilgrims. The Ramayana Trail, mooted in the late 1990s with the blessings of the Sri Lanka Tourist Board, did not take off for lack of government as well as popular support as Lankans feared a big influx of Indians.
- http://www.newindianexpress.com/ -

Danish parliament hosts conference on accountability for Sri Lanka's mass atrocities

14 May 2016

A conference on international humanitarian and human rights law violations in Sri Lanka was held in the Danish Parliament this week, with speakers from around the world discussing mass atrocities committed on the island and the current human rights situation.

The conference, held on Wednesday at the parliament complex in Copenhagen, saw Danish parliamentarians speak alongside Tamil National People’s Front Leader Gajendrakumar Ponnambalam, civil society activist Father Ezhil Rajenthiram, former BBC correspondent and author Frances Harrison, a representative from the Kurdistan Liberation Front and the President of the Union of Danish Tamil Sangams.

The Enhedslisten party's parliamentarian Nikolaj Villumsen spoke of how the Denmark should exert pressure on the Sri Lankan government to provide accountability for human rights violations, especially given the strong trade relations between the two governments.

His comments were echoed by Monas Jensen and Christian Yule who both spoke of how the Danish government was taking steps towards balancing trade interests with human rights. They stated that human rights issues had already been brought up with the Sri Lankan government and along with the European Union, their government would ensure that human rights are not forgotten.

Their comments come after reports that the Sri Lankan prime minister was “furious” over conditions agreed by the European Union in order to regain the preferential trade deal, GSP plus.

The two speakers also praised the conference and the role such events played in shaping Danish foreign policy.

During his address Mr Villumsen also touched on his support for the Tamil liberation struggle and how labels of “terrorism” had been used to slur freedom struggles across the world.

Frances Harrison spoke on reports of ongoing torture in her address, drawing on sections from the International Truth and Justice Project report.

Meanwhile Father Ezhil Rajenthiram told the audience of how human rights violations continue to occur in the Tamil North-East, adding that the Sri Lankan judicial system requires reform in order to punish perpetrators of abuses.

TNPF president GajendrakumarPonnambalam was one of the final speakers at the conference, outlining how little progress had been made in the North-East since he last spoke at the Danish parliament three years ago. Mr Ponnambalam said little had changed for the Tamil population on the ground and said accountability for mass atrocities seemed particularly distant

He concluded by calling on the international community not to avoid the issue of justice and accountability.

Lankans In The Panama Papers: The People Behind The Offshore Companies

By Yudhanjaya Wijeratne –May 14, 2016

Yudhanjaya Wijeratne

Every newspaper in the country seems to have visited the ICIJ website and published the names of the 65 Sri Lankans named in the Offshore Leaks and Panama Papers (both sets of names exist in one list). Being on this list or being associated to it, however, does not make anyone a criminal. Yes, four Avante-Garder are there, but Emma Watson is also on that list; so are two Hirdramani’s. I don’t want to believe that Hermoine Granger, after all she went through with Voldemort, committed tax fraud.

However, there is one thing we can do: take a closer look at the companies outed in that list

Corporate entities in the ICIJ database take three forms: they’re either Mossack Fonseca, an offshore entity or an intermediary. Offshore entities are incorporated in tax haven countries (mostly the British Virgin isles – whoever named those islands was probably doing some very wistful thinking). The intermediaries, as I understand it, bridge the tax haven and the user.

1. OVERSEAS FINANCE LIMITED. Incorporated 1992.

Jurisdiction: the British Virgin Islands.

Listed address: Advantec Network Systems, 7/11, Liberty Plaza, Colombo 03.

I’m pretty sure Advantec is not a finance company. A brief search shows Advantec Network Systems registered in business directories as a company importing and distributing networking gear. They apparently bring down stuff from Brand Rex, Allied Telesyn, Lucent, Rittal and Finolex. Registered address: 7A, Summer Place, Borella. Year established: also 1992.

If this is our Advantec, it doesn’t look like ye little cable company from Borella. lk.kompass.com lists one Prakash Advani as an executive.

Prakash Advani and Advantec show up in the same breath multiple times, most notably in this Business Standard article, which reports that Advantec markets TV/COM products in India.

India? There is an Advantec listed in India. 44 Malkani Mahal, Nr Century Bhavn, Dr A B Road, Worli, Mumbai. P. Rajendran, publicly listed as Advantec’s General Manager in Sri Lanka, went to school and college in India after graduating from a school in Nawalapitiya.

Now – maybe I’m off the field here, but the name ‘Advantec’ seems to be incredibly common in this database of ours. A search for companies containing those letters gives us 12 names:

By Basil Fernando-May 13, 2016

The UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment Mr Juan E Mendez, published his preliminary findings on 7th May 2016 following an official visit to Sri Lanka. He has observed that torture is a common practice in Sri Lanka and structural reforms are required to prevent it. In concluding remarks he states, “…The current legal framework and the lack of reform within the structures of the armed forces, police, Attorney-General’s Office and judiciary perpetuate the real risk that the practice of torture will continue. Sri Lanka needs urgent measures adopted in a comprehensive manner to ensure structural reform in the country’s key institutions. A piecemeal approach will not be compatible with the soon-to-be-launched transitional justice process and could undermine it before it really begins.”

Findings

In his findings he states that “…I am persuaded that torture is a common practice carried out in relation to regular criminal investigations in large majority by the Criminal Investigation Department (CID) of the police…., he goes on to state that “...Fewer cases are reported today than during the conflict period and perhaps the methods used by the police forces are at times less severe. But sadly the practice of interrogation under physical and mental coercion still exists and severe forms of torture, albeit probably in less frequent instances, continues to be used...,” and that “… Both old and new cases continue to be surrounded by total impunity.”

Then he makes the following observations based on testimonies from victims and detainees whom he and his team of forensic experts have met.

“…I received many testimonies from victims and detainees who took the risk to speak out, despite concerns either for their own safety or their families. I was able to conduct thorough interviews and forensic examinations in a few cases, with the assistance of a forensic expert that accompanied me during my mission. I found the testimonies truthful and many were substantiated with physical evidence that is conclusive of torture. The forensic expert conducted a number of medical examinations that confirmed physical injuries consistent with the testimonies received. The forensic expert also analysed photographs taken shortly after the alleged torture and ill-treatment, and concluded they are diagnostic of severe physical torture.

The nature of the acts of torture consists mainly of transitory physical injuries caused by blunt instruments (essentially punches, slapping and, occasionally, blows with objects such as batons or cricket bats) which heal by themselves without medical treatment and leave no physical scars. There were also several accounts of brutal methods of torture, including beatings with sticks or wires on the soles of the feet (falanga); suspension for hours while being handcuffed, asphyxiation using plastic bags drenched in kerosene and hanging of the person upside down; application of chili powder to face and eyes; and sexual violations including mutilation of the genital area and rubbing of chili paste or onions on the genital area. While these methods of torture were in some cases of short duration, in other cases torture occurred over a period of days or even weeks during interrogation.”

PTA and the failures of the Magistrates

The UN Special Rapporteur observes that under Section 15(a) of the Prevention of Terrorism Act, some detainees continues to be detained in TID facilities, as they are considered by the Secretary of the Defence as a threat to national security. He observes the following regarding the hearings before the Magistrates. “…The hearings held before a magistrate, for the purpose of judicial control of the detention, do not amount to meaningful safeguards against either arbitrariness or ill treatment. The magistrates essentially rubber-stamp detention orders made by the Executive Branch and do not inquire into either conditions of detention or potential ill-treatment in interrogation. ”

The Rapporteur has conducted random interviews of defendants held under the PTA, or under charges of ordinary offences for over ten years in remand detention and others sent to ‘rehabilitation’ in lieu of prosecution which is supposedly voluntary on their part. He goes on to state, that “…Obviously, if after many years of detention the State does not have sufficient evidence to charge a detainee, the latter should be released unconditionally.”

The Rapporteur recommends that, “…The Government should repeal the current PTA. In the context of any replacing legislation, if at all necessary, a robust and transparent national debate should take place that provides for full participation of civil society. We understand that the Government is contemplating statutes on National Security, surveillance and intelligence services. Under any circumstance, those pieces of legislation should include protections against arbitrary arrest, absolute prohibitions on torture or cruel, inhuman or degrading treatment, provisions for access to legal counsel from the moment of deprivation of liberty, strong judicial controls over law enforcement or security agencies, and protections for the privacy rights of citizens. The Special Rapporteur on Human Rights while Countering Terrorism has produced very useful guidelines to incorporate in legislation of this sort. …”

The Rapporteur also expresses concerns about the allegations he has received recently of the so called ‘white van abductions”, and about the absence of clear rules in the law that says arrests have to be authorised by a judge. He further, observes, “…In practice the decision to arrest a person is made by a police officer. For that reason, it is important that detentions are made transparent, with proper identification of the arresting officer, and offering reasons based on objective evidence. Otherwise, distrust of the authorities will persist. ”

The Rapporteur then goes on to make his observations on the reasons that may lead to the practice of torture and observes that, the Sri Lankan criminal justice system and investigation practices that somehow may indirectly incentivise the use of torture. He observes “…The first is the role of confessions of suspects in criminal investigations, which currently seems to be the primary tool of investigation for the police. The need to extract a confession in order to build a case is in itself a powerful incentive to use torture. A second aspect is the practice of conducting the investigation while the suspect is in custody, rather than determining the detention based on preliminary investigations. Authorities have on a regular basis justified prolonged detention on the ground that the investigation was complex, or evidence hard to find, ignoring the fact that, outside of detentions in flagrante delicto, the evidence should be procured before the arrest. This access to the detainee for continuous questioning can also be an incentive for torture, aside from other considerations regarding conditions and legality of detention…”

The Rapporteur states that the Attorney General told the UN delegation that the statements made to the police do not form part of the criminal record in ordinary crime cases, though he acknowledged that under the PTA, statements made to a Senior Police Officer, are fully admissible in Court. He states further that in both cases, police routinely extracts self-incriminatory statements so the admissibility or not of the statements does not protect the detainee from possible coercion. In any case, the PTA provision is in direct contradiction with the obligation under the Conventions against torture to exclude all declarations made under torture.

Rapporteur then directs his observations regarding faultiness of the rules relating to the access to lawyers. The accused provides a statement to the police as routine practice and is never informed about the right to a lawyer. This according to the Rapporteur, amounts to an inadequate and meaningless legal protection, which fuels the widespread fear and mistrust of the police system among the population. He recommends “ …It would be important to establish a clear rule that persons must have access to a lawyer from the moment of deprivation of liberty. A current proposal to amend the Criminal Procedure Code that includes access to counsel only after a statement is taken by the police in the initial 24 hours of detention is not appropriate to effective assistance of counsel and would, therefore, violate due process.”

Judicial oversight of police action is superficial

The Rapporteur in examining the role of the judiciary and the prosecutors finds fault with the prevalent practices in Sri Lanka regarding their dual obligations of prevention and accountability. He states “… A modern accusatory system begins with affording more guarantees for the defendant. In it the public prosecutor is first and foremost the guardian of legality. Prosecutors must enforce the law against criminals but should also actively prevent miscarriages of justice by way of torture and manipulation of evidence, and intervene early on in the process. The accusatory system is more conducive than the inquisitorial system for the respect for human rights; but in its modern form it gives a lot of power but also heightened responsibility to prosecutors. ..”

He points out that judges and prosecutors should take it upon themselves as a matter of legal obligation to consider bail for lesser and non-violent offences and that they should ensure medical examination of the suspects so as to exclude any suspicion of mistreatment while in custody. They should initiate prosecutions to whosoever might be responsible for torture and mistreatment including superiors who may have tolerated and condoned such acts, ensuring that investigations, detentions interrogations arrests and conditions of incarceration takes place within the framework of rule of law.

Deficient and pronounced overcrowding in places of detention

The Rapporteur goes on to observe that there are serious defects relating to detention which results in acute lack of adequate sleeping accommodation, extreme heat, and insufficient ventilation, limited access to medical treatment, recreational activities and educational opportunities. He states that “…These combined conditions constitute in themselves a form of cruel, inhuman and degrading treatment…”

Regarding over-crowding he refers to his visits to prisons where he observed level of population exceeding capacity by well over 200 – 300 percent.

“…Vavuniya Remand Prison offered a striking example of such overcrowding. One of its halls hosted 170 prisoners in what my team and I estimated to measure less than 100 square meters, providing less than 0.6 metres per person. In the same building, other prisoners were forced to sleep on the staircase for lack of space in the detention areas. In addition, we saw cells designed for one person occupied by four or five inmates. The larger prisons in Colombo were built in the mid-19th century and walls, roofs and staircases are literally crumbling on the prisoners. The Government has indicated that Welikada prison will be closed and a new prison will be built in Tangalle, but we understand the latter is not even in the planning stages yet. While replacement of old prisons is a good idea, in the meantime it is urgent to conduct maintenance and repair the unsafe conditions that amount to cruel, inhuman and degrading treatment or punishment. …”

Defects in torture prosecution and provisions for fundamental rights

Talking about the Torture Act that came into effect in 1994, he observes that there had been only a few prosecutions. In the prison system there is no formal complaint mechanism available to inmates to make complaints about torture and ill treatment, or any other matter. The complaint mechanisms available against the police is also inadequate. He makes the following comments on the fundamental rights provisions.

“…Fundamental rights applications involve complex litigation and are thus not accessible to all. They are subject also to a 30-day term to file from the occurrence of the violation. In addition, even if successful, they result in compensation as the only remedy. The application is not available, for example, to vacate a court order that has been based on a forced confession, as it does not lie against judicial decisions. ..”

Impunity and lack of accountability

Like the previous Rapporteurs, who have observed the prevailing practice of impunity in Sri Lanka, the present Rapporteur also finds that “…Acts of torture that occurred in the past have been well documented. The Government has an obligation to investigate, prosecute and punish every incident of torture and ill-treatment, even if it happened in the past, because under international law prosecution of torture should not be time barred. The State also has the obligation to prevent such occurrences in the present, and the most obvious preventive measure is forceful prosecution of cases reliably reported.

Sri Lanka has a Victim and Witness Protection Act but potential beneficiaries complain that protection is ultimately entrusted to the police which, in most cases, is the agency that they distrust. The Government should consider amending the Act in order to make it more effective and trustworthy. ..”

The Rapporteur will make a more detailed report on these matters to the United Nations’ Human Rights Council at its 34th Session to be held in March 2017.

A scathing critique

The findings of the UN Rapporteur on torture and other cruel and inhuman degrading treatment or punishment, is a scathing critique of Sri Lanka’s failure to carry out its obligation to prevent torture and ill treatment. This Rapporteur’s findings demonstrates that the Government of Sri Lanka, fails to honour the basic obligation to prevent torture and ill treatment despite of many promises it has given to various UN bodies, including the Human Rights Council.

Sri Lanka seems to be trapped within extremely defective criminal justice system that cannot do away with torture and ill treatment. The investigators, prosecutors, and also the judiciary have not made an adequate attempt to overcome the defects of the criminal justice system. None of these institutions have shown a demonstrable will to end this universally condemned practice of torture and ill treatment. On the other hand the Government has failed to provide the necessary resources to undo the defects of a backward system. Therefore, Sri Lanka will continue to be condemned in international forums for its lack of will to develop a criminal justice system to be in keeping with its international obligations.

UN commends Sri Lanka in its effort to work against abuse

May 14, 2016
The UN has commended Sri Lanka for arranging a one-time ex-gratia payment to a victim and child born as a result of sexual exploitation and abuse.

Briefing the General Assembly on the challenges being faced and progress being made to end the exploitation and abuse by United Nations peacekeepers, senior UN officials indicated that immediate concerns have been focused on providing protection and support to the victims, and reiterated the need for collective efforts to put stronger measures in place to ensure prevention and greater accountability.

Khare also highlighted that in 2015, the UN had made progress in facilitating paternity and child support claims against peacekeepers. He commended Sri Lanka in particular, which he said has arranged a one-time ex-gratia payment to a victim and child born as a result of sexual exploitation and abuse.

Speaking at an informal meeting of the UN General Assembly in New York, Atul Khare, Under-Secretary-General for Field Support, emphasized that the priority must be for the Organization to provide victims with support and assistance.

“First and foremost, the victims – many of whom are children – need our protection and support,” he said. “The provision of assistance to victims is an area where experience has shown that the United Nations needs additional resources and strong collaboration among peacekeeping, the United Nations and local actors to have a tangible impact.”

Renewable Power Should Replace High Pollution Coal Plants In Tropical Sri Lanka

By M.W.N. Dharmawardene –May 14, 2016

Dr. M.W.N. Dharmawardene

Readers should be thankful to recent articles in Colombo Telegraph on options on power generation for Sri Lanka focusing on the use of coal as the most suitable option, which has opened up a very useful discussion on its merits and future power generation plan for Sri Lanka. This is most opportune as the new government is looking at various options available to it bring about a rapid growth together with employment creation.

Obviously, power generation has a prime seat in this context as one unit of power is nearly equivalent to one unit of GDP as GDP growth is a mirror image of power generation. If this exercise can be coupled to employment creation, then power generation becomes a prime candidate in government options for country development.

In the discussion thru Colombo Telegraph, coal power was considered as the prime candidate to fill the gap ignoring the greatest danger paused to the general public of having highly polluting Coal power plants as against zero emission renewable power systems.

The purpose of this brief note is to show the greatest threat to humanity is thru highly polluting coal power, metalloids & metallic elements, and the soot poisoning the air and their ill effects, which once liberated to biosphere cannot be reversed and all coal power plants are known to do so and thus developed countries have ceased to use coal power while the power requirement of Sri Lanka could be met thru developing its renewable power resources which have zero emission and creates plenty of job opportunities where it is mostly needed.

Of all the fossil power sources in the world coal has been proven to be the dirtiest & irreversible polluter which causes greatest misery to man & biosphere through its emission of mercury. One of the highest sources of pollution of air, water & food including staples like rice, fish & meat is already proven to be Mercury from Coal burning for power and heat & its use in gold mining & chemical industries.

Levels as low as 55mcg/L of blood is considered the beginning of neurotoxic level. The infamous Minimata disease of Japan which caused irreversible brain damage, loss of memorary,suffering, crippling of limbs & death as well as loss of hair, kidney & other organ failures are already well documented.

Mercury pollution in Asia- A review of Contaminated sites by Li etal (2009) in J of Hazardous Material is good eye opener to those who are blind to reality. Unlike any other, Hg once released into environment is not degraded but converted to more toxic alky mercury compounds which accumulate in the food chain like fish & rice, the common staples of general population. It shows, in the Asian world map, Sri Lanka was considered to be free of Hg pollution in 2009, and let us keep to that even at loss of coal powered plants, but countries such as China, India, Philippines, Indonesia, Japan, Kazakhstan, Israel & Kuwait already suffering and all are moving away from dirty coal to other zero emission sources for power.