Wednesday, June 29, 2016

SLOW PROGRESS OF RECONCILIATION PROCESS WORRYING – IMDAR

( Dr Nimalka Fernando who heads IMDAR ©sunanda deshapriya)

29/06/2016

In a oral statement made after the High Commissioner Zeid’s report on progress made by Sri Lanka in implementing the Unhrc resolution 30/1 IMDAR headed by Dr nimalka Fernando said that ” The slow progress in returning of lands, failure to facilitate security sector reform including the dismantling of units and structures allegedly responsible for grave violations in the past, continuing culture of impunity and surveillance, existence of the draconian Prevention of Terrorism Act (PTA), harassment of Tamils returning home, the delay in releasing political prisoners, failure to initiate a public campaign to support its transitional justice process continue to challenge the political commitment of the Government.”

The statement follows:

IMADR Oral Statement: 32nd session of the Human Rights Council/ 29 June 2016.

Thank you Mr. President,

Together with Rights Now Collective for Democracy, Association for Family Members of the Disappeared (FOD), Right to Life, Campaign for Free & Fair Election (CaFFE) and other networks in Sri Lanka, we appreciate the continuing engagement of the High Commissioner and his office for the implementation of the Human Rights Council resolution 30/1.

We congratulate the Government of Sri Lanka (GoSL) for co-sponsoring this resolution which addresses issues related to reconciliation, accountability and grave human rights violations. Their engagement with the UN, the international community and the civil society both inside and outside the country demonstrates a new departure from the past.

We recognise the progress enunciated in the High Commissioner’s oral update. In a country which has a long drawn legacy of involuntary disappearances, the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) together with the efforts taken to draft corresponding legislation and to establish the Office of Missing Persons (OMP) provide an enabling environment. On the other hand, the recent emergence of ‘white vans’ and the prevailing surveillance culture in the North and East pose real threats to witnesses and victims including local NGOs.

The slow progress in returning of lands, failure to facilitate security sector reform including the dismantling of units and structures allegedly responsible for grave violations in the past, continuing culture of impunity and surveillance, existence of the draconian Prevention of Terrorism Act (PTA), harassment of Tamils returning home, the delay in releasing political prisoners, failure to initiate a public campaign to support its transitional justice process continue to challenge the political commitment of the Government.

We endorse the call by the High Commissioner to pursue a comprehensive strategy for a better coordination within the Government and to further facilitate a concerted public information campaign.

We call upon the Government to adopt a national policy on NGOs to affirm principles of freedom of association and assembly, and swiftly remove practices of reporting and checking of NGO activities by the Criminal Investigation Department (CID) especially in the North, East and plantation sector.

Constitutional reform process should address a lasting political solution to the ethnic problem by envisioning a power sharing model.

Last but not least, we call upon the Government to abide by the recent promise made by the Foreign Minister that the level of international participation in transitional justice mechanisms to be decided upon in consultation with victims and affected communities. We request the international community to continue their engagement for the successful implementation of the resolution 30/1.

Thank you Mr. President.

De-militarisation to be complete by next year's end says Sri Lanka's foreign minister at UNHRC

29 June 2016
De-militarisation of the North-East will be complete by next year said Sri Lanka’s foreign minister, whilst calling on the international community to “give Sri Lanka a chance” amidst civil society concerns of the government's slow progress and reneging on its commitment to the UN Human Rights Council resolution on accountability and reconciliation.

“There are many different opinions on what levels the international participation in the judicial mechanism ought to be. Some people say the participation of judges is paramount others say it is not possible. The decision on the contours of the mechanism will only be taken after consultations. The assurance I can give you now is that whatever the final outcome of the judicial mechanism it will be a mechanism that will have credibility and address the needs of all stakeholders and be done in consultation with all political parties.”Speaking in Geneva at a public side event held by Sri Lanka’s permanent mission to the United Nations Human Rights Council, Mr Samaraweera commented on the issue of foreign judges, investigators and prosecutors in the accountability process, stating,

“We are not scared of international investigations. We feel that domestic mechanisms with international support is much easier than the process you’re suggesting which is not practical. Let me underline, a domestic mechanism does not preclude foreign participation. There is circumstances were foreign participation in certain areas is needed, especially foreign investigators and forensic experts.” Responding to questions asking why Sri Lanka was scared of international judges Mangala Samaraweera said,

When quizzed further on the reneging by elements of Sri Lanka’s government on its commitment at the UNHRC to international judges, prosecutors and investigators in an accountability process, Mr Samaraweera said,

“We are doing it and we have the political will to do so. There are various statements made by different people, but our commitment to the Geneva resolution remains unchanged. In February addressing the nation President Sirisena said Sri Lanka is committed to implement the resolution to protect the dignity of the state, our people and the armed forces.”

Responding to questions on whether the government would commit to addressing the intense military presence in the North-East, Mr Samaraweera said,

“We are in the process of demilitarisaiton. We have asked the armed forces to gradually move out of the north. Many of the lands held under the armed forces are now being returned. To be frank we are not happy with the speed at which land is being given back…We have asked the military to give a time line..Many of the businesses run by the army have been handed back but there are still some more. The process is ongoing and hopefully by the end of next year things will be back to normal.”

Noting that the military had given a time line, he added, “All the lands will be returned by 2018.”

When asked about what initiatives Sri Lanka was taking to educate the Sinhala south on the need to prosecute for mass atrocities and the true meaning of the UNHRC resolution on accountability and reconciliation in Sri Lanka, the foreign minister said,

“That is one area that our communication has not been the best in the world. We have not communicated enough about what we are doing here and what we will be doing. That is why we now have some communications people to start educating the people.”

In response to a question asking if the Sri Lanka government would ask the United Nations to extend its mandate on Sri Lanka beyond 2017 to Mr Samaraweera referred to the Secretary General of Sri Lanka’s Secretariat for Coordinating Reconciliation Mechanisms (SCRM) M Tittawella, who said,

“We are in the process of setting up the legislation to deal with the truth justice and reconciliation process and once the legislation is passed we will require significant international experts and advisors and assistance in sustaining these organisations... Yes we will be asking assistance from the UN and other international systems in terms of expertise. So the short answer is yes. There is a lot more work to be done past the March.”

Commenting on recent evidence of cluster munition in Sri Lanka’s former No Fire Zone that saw the killings of Tamil civilians, the foreign minister, said,

“I have never accepted that cluster bombs were used, just that if the allegations are true, we will look into it. I have not accepted these allegations, this government has not rejected or accepted the allegations. “

In response to allegations that the Sri Lankan state was committing genocide against the Tamil people, Mr Samaraweera added,

"I really do not agree that there was genocide. But having said that there were extremely serious cases of human rights violations. Some may amount to war crimes, we don’t know. I think the time has come for Sri Lanka to know the truth. In the process of seeking the truth, we may also find out / if there were allegations of genocide we are willing to look into it.”

Speaking alongside Tamil civil society, both the International Commission of Jurists and Human Rights Watch stressed the importance of legitimate international participation in any accountability mechanism in Sri Lanka due to several past failures in Sri Lanka’s judiciary.

Human Rights Watch, further stressed the need to repeal the Prevention for Terrorism Act and asked if Sri Lanka would continue to seek further assistance from the UNHRC in implementing the resolution.

Concluding the event, which was chaired by Sri Lanka’s Permanent Representative to Geneva, Ravinatha Aryasinha, Sri Lanka’s foreign minister said,

“There are still the forces of reaction.. and ghosts of the past waiting for the government to make the wrong move in order to somehow get the populist leaders back into action again. This is why we are proceeding cautiously and slowly because those who have suffered want justice and they want to be assured that it will be given through a credible mechanism. Sri Lanka has a window of opportunity that it has never had before… We have to come to terms with our past and make sure all peoples of Sri Lanka can share a future.”

Other excerpts from Mr Samraweera’s opening statement at the event below:

On the government’s path since the presidential elections of 2015, Mr Samaraweera said,

“As we all know soon after the elections in 2015, a historic government consisted of a unity government that did a 180 degree turn in terms of human rights and engagement with the international community. With the election of the new government we ended a self-imposed isolation of Sri Lanka. Sri Lanka broke away from the past and began to engage with the rest of the world after. Our engagement with the office of the high commissioner was advanced. We have been working closely with the OHCHR and all UN human rights mechanisms.”

Calling on the diaspora to join hands with the government, Mr Samaraweera said,

“Our government is only 10 months old and the journey ahead would be much easier especially if all those that are truly concerned join hands with us. The diaspora has a very important role. In fact that is why one of the first steps we took was to de-list some of the organisations which were listed by the earlier government.”

Speaking on the recent set up of a draft bill for a new Office of Missing Persons, the minister said,

“I am aware that some of you have expressed concerns about the public consultation process. Some are concerned that you haven’t consulted enough with the office of missing persons. The bill is available online at the moment and we would appreciate your opinion because until it is taken up in parliament there is room for more input.

However I must note that influential members of the Tamil diaspora have said the OMP is a good proposal. In drafting the legislation for the office of missing persons we consulted civil society and consulted international experts including the ICRC from the beginning.”

Sri Lanka's Justice Minister W Rajapaksa was also present on the event panel.

Hussein’s bombshell

June 29, 2016, 8:09 pm

‘Caressing one’s face before slapping it’ is a popular saying here. United Nations High Commissioner for Human Rights Zeid Al-Hussein has done just that to the Sri Lankan government. In his report to the current session of the UNHRC, the other day, he paid some compliments to the Sirisena-Wickremesinghe administration and even described its engagement with his outfit as ‘positive and constructive’ before delivering a slap.

Diplomats are said to be those who can tell someone to go to hell in such a way that the latter really looks forward to the trip. Zeid has amply demonstrated his diplomatic skills unlike his predecessor who was given to acting like a bull in a china shop.

Having said some nice things about the Sri Lankan government, Hussein played his message track loud and clear. Referring to Prime Minister Ranil Wickremesinghe’s statement at a meeting with the military top brass last May that there wouldn’t be international participation in a domestic Sri Lankan justice mechanism, the UN Human Rights Chief declared he was convinced otherwise. He said: "… international participation in the accountability mechanisms would be a necessary guarantee for the independence and impartiality of the process in the eyes of victims, as Sri Lanka’s judicial institutions currently lack the credibility needed to gain their trust. It is also important to keep in mind the magnitude and complexity of the international crimes alleged, which the OHCHR investigation found could amount to war crimes and crimes against humanity."

So, Hussein is already talking about ‘crimes against humanity’. He sounds just like Northern Province Chief Minister C. V. Wigneswaran, who moved and secured the passage of a resolution last year in his council calling upon the UN to conduct a genocide probe. The UNHRC is craftily scaling up the proposed mechanism to handle the so-called accountability issues. It will be interesting to know what those who claimed that the UNHRC would soften its stand on Sri Lanka following last year’s regime change have got to say to this development.

Zeid has said nothing new. His position has been consistent right along. He and the countries whose interests the UNHRC helps further on the pretext of championing human rights want an international war crimes tribunal here. They have also renewed their call for a vetting process to deal with military personnel in respect of accountability issues.

Intriguingly, Zeid has not highlighted the instances where President Maithripala Sirisena ruled out the participation of foreign judges. The President has said more than once in no uncertain terms that he is against the involvement of foreign judges in a war crimes probe. Is it that the UNHRC considers what he says inconsequential?

The Sirisena-Wickremesinghe government either under duress or in a bid to curry favour with the western bloc chose to co-sponsor the UNHRC resolution on Sri Lanka last year, calling for, among other things, the participation of international judges, prosecutors et al in the war crimes probe to be launched here. Having made such an irrevocable commitment, how can it now say it won’t allow foreign judges? Hussein is demanding his pound of flesh. This turn of screw in Geneva may be considered an attempt to make the government of Sri Lanka more pliable in the hands of the western powers.

Government spin doctors are doing their damnedest to make Hussein’s statement out to be something favourable to Sri Lanka. They have a remarkable ability to see something positive even in anything disastrous. While smarting from the stinging slap they have received from Hussein they may say they are delighted that Prince used a ‘gloveless’ hand to deliver it!

Taking Sri Lankan Foreign Policy to the Post-Confrontational Phase

The government’s external policy strength lies in the position of equidistance it is now maintaining with regional, continental and global powers.

Sri Lankan President Maithripala Sirisena (right) with Prime Minister Ranil Wickremesinghe. Credit: Reuters

BY JAYADEVA UYANGODA ON 29/06/2016

Foreign policymaking is infinitely more complex than what politicians in the opposition, or those who are aspiring to come to power, want the public to believe. Sri Lankan’s leaders have been learning this simple, yet fundamental lesson, since last January. That is why the foreign policy positions of the current government seem to have been in a continuous state of flux.

There is a good reason for it to be so. The government has been compelled to confront a number of factors and pressures in establishing its own ‘foreign policy identity’. I do not think there is yet evidence to suggest that the government wants to have, or has been able to establish, a firm ideological identity in its external relations, as has been the case with many governments in the past, particularly the previous one of Mahinda Rajapaksa. Avoiding an ideological identity in its foreign policy strategies seems to be a key defining feature of the Maithripala Sirisena-Ranil Wikremasinghe administration at present.

Some see this flexibility as a weakness of the government. There is, however, another way of looking at it. It represents the essential dimension of pragmatism in foreign policy, necessitated by a range of complex domestic, regional and global factors. Muddling through is not necessarily a sign of weakness, or a prelude to disaster, in a context where the government has been experimenting with different responses to some key foreign policy determinants.

What are the key determinants that have shaped Sri Lanka’s foreign policy since January last year? We can put them in two groups.

Regime change

The first is electoral and regime change compulsions. Any new government would want to steer a new path of foreign policy. Given the atmosphere of extreme hostility between the two camps, the new government was compelled to abandon immediately the foreign policy orientation of Rajapaksa. The new orientation was seen in the restoration of closeness with regional as well global powers that had earlier been marginalised. This core dimension of Sri Lankan foreign policy continues with only a slight change.

This change is felt primarily in relations with China. Beijing had maintained a close political proximity to the previous government and its leadership. China’s aloofness to the emerging opposition during even the last months of 2014 was somewhat inexplicable too. All this led the new government to adopt a policy of distancing itself from China, both politically and economically. One could even detect some degree of tension between Sri Lanka’s new establishment and the Chinese government; this became somewhat noticeable with regard to the Colombo Port City development project. The government has since passed that initial phase of uncertainty and now appears to have refined its core foreign policy stance to be ‘friendship with all; enmity with none’.

காணாமற்போன பிள்ளையார், அம்மன்

29-Jun-2016

தெல்லிப்பழை பலநோக்குக் கூட்டறவுச் சங்கம் அமைந்திருந்த இடத்துக்கு அருகில் இருந்த மூன்று ஆலயங்களில், , பிள்ளையார் மற்றும் அம்மன் ஆலயங்கள் முற்றாக அழிவடைந்துள்ளதாகவும் வீரபத்திரர் ஆலயம் மட்டுமே எஞ்சியுள்ளதாகவும்அப்பகுதி மக்கள் தெரிவித்தனர்.

வலிகாமம் வடக்கில் கடந்த 26 வருடங்களாக உயர்பாதுகாப்பு வலயமாகவிருந்து கடந்த சனிக்கிழமை விடுவிக்கப்பட்ட 201.3 ஏக்கர் காணிகளை மக்கள் பார்வையிட்டு வருகின்றனர்.

1990ஆம் ஆண்டு இடம்பெயர்வுக்கு முன்னர் அப்பகுதியில் அருகருகே மேற்படி 3 கோவில்களும் இருந்துள்ளன. தற்போது, சென்று பார்க்கையில் வீரபத்திரர் ஆலயம் பற்றை மண்டி சேதமடைந்துள்ள நிலையில் உள்ளதுடன், ஆலயத்தின் மணிக்கோபுரமும் உள்ளது.

ஆனால், அவற்றுக்கு அருகில் அமைந்திருந்த பிள்ளையார் மற்றும் அம்மன் ஆலயங்கள் முற்றாக அழிக்கப்பட்டுள்ளதாக அவர்கள் தெரிவித்தனர்.

Our Collective Conscience Is Lost; People’s Lives Are Pawns On A Political Chessboard

By Vishwamithra1984 –June 29, 2016

“There is no witness so terrible and accuser so powerful than conscience which dwells within us.”~ Sophocles (496 BC – 406 BC)

The manner in which the world media is covering significant events, the twists and turns it renders to the core substance of a major event and the preordained definitions it ascribes to the personalities and communities who generate these events are a way beyond comprehension. Whether it’s the so-called ‘free media’ of the West or state-controlled media in closed societies such as the Middle-East, North Korea and Cuba or even an open society like India, the story is the same. Sensationalism is substituting for authenticity; commercialism has invaded the minds of those who control the machinery of the media, both print and electronic, and in order to obtain maximum ratings or readership, newspapers have fallen to the level of tabloids and television and social media have fallen to the level of downright nihilism.

For example, the coverage the latest airline debacle, the missing EgyptAir Plane Flight 804, received on worldwide television screens was pure sensationalism and they did not even begin to talk about those 66 people who were aboard the flight until the next morning. Each and every person on that flight, including the crew, had a family. They were fathers, mothers, sisters, brothers, sons or daughters of somebody. The loss of each one of them is being mourned by his or her family. The coverage of the human angle of the story was subordinated to ratings; the anguish and despair caused to those families took a back seat while sensationalized tidbits such as the location of the Black Box- of course, its critical discovery would be immensely helpful in finding out what took place immediately prior to the disappearance of the plane- and the political shades that were painted to suit the particular network that covered the event hit the headlines. No argument is made here to belittle the enormous validity and relevance of incidental facts and figures regarding the actual crash or disappearance of Flight 804. But the absence or lack of arresting attention to the human side of the story is glaring and cannot be understated.

(Lanka-e-News -29.June.2016, 11.30PM) The corrupt mafia of the Government officers which has become a scourge of the motherland scored a success yesterday (28) . That mafia group is of the Immigration and Emigration department division at the Katunayake Airport.

It is an incontrovertible fact that our motherland had been unable to slam the doors on corruption at the Colombo Port and the Katunayake Airport , despite the fact those are the two most notorious Institutions creating infamous records in the sphere of monumental corruption .Tons of contraband including drugs are being brought into our motherland annually through these main security ‘doors’ supposedly guarding the country. These are being smuggled into our motherland not by parachutists who drop them from the air but through the channels of these corrupt criminal officers. This is a well and widely known truth.

With a view to curb and control these corrupt and smuggling activities at the Katunayake Airport , and to save the motherland , the government took measures to install a new CCTV camera system at the Airport . Believe it or not , the corrupt officers of the Immigration and Emigration staged a strike against this measure designed to save the entire motherland .

Clearly the protest only betrayed a simple truth that like the serpent which retreats when kerosene oil is poured on them , these officers are being hurt when measures are being taken against their self fattening corruption activities in the larger interests of the country . Indeed this strike of these corrupt self seeking scoundrels with overriding traitorous traits should go into the Guinness book of (ignominious) records , for Sri Lanka is the only country in the whole wide world in which exist Immigration and Emigration officers who oppose and resist the installation of CCTV camera system in their work place.

After these selfish, self fattening corruption ridden officers commenced the strike in the morning which continued until 1.30 p.m. a number of flights had to be cancelled. A number of passengers who were to leave as well as to come into the country were left high and dry, and the country’s international image was dented. Finally , the strike ended on a temporary victory note in favor of the selfish corrupt officers who are only obsessed with personal gains at the expense of the motherland.

After the Deputy chairman of Airports and aviation services H.S. Hettiarachi gave an assurance in writing that a solution will be found after discussing with the defense ministry , the strike was called off by the corrupt officers .

The objective of the government in installing this CCTV system at Katunayake

There are six CCTV camera systems at present in operation at the Katunayake Airport. One of them covering the area of Airport passengers ; the second covering the area of anti narcotics division ; and so forth . It was the aim of the government of good governance to introduce a single CCTV system that would cover all the divisions from a single monitoring center. Under this single camera system , it was planned to deploy separate monitors to cover each division . By that ,since the whole area is being covered at the same time , bribery and corruption can be restricted , which would also render it difficult for the corrupt officers to indulge in the crimes.

Sadly , when the people and the government of good governance are hoping to put the country on the right track at least now, after a ‘nefarious decade’ of outrageous monumental corruption under the Rajapakses ,these officers of the Immigration and Emigration who have made bribery and corruption their way of life went on strike to sabotage this proposed system. Without any sense of shame they only demonstrated to the world by their move , their shameless despicable slogan is ‘we are licensed rogues , and therefore allow us to rob without let or hindrance’ . They proved nothing else.

To the rogues CCTV cameras were like burning kerosene is to snakes and serpents , and like petrol is to dogs

Another curious protest was staged similarly by the Karapitiya medical students against CCTV camera installation. They opposed the installation of CCTV cameras in the examination halls. By their opposition what they impliedly said was, ‘Permit us to copy.’ This was the disgraceful message they conveyed, and nothing else.

It must be probed whether these stupid idiots are making such demands while their clothes are on or in the naked state of a brute in the jungles. It is such rascals and brutes who are opposing the private medical College too.

Single queue system also opposed by the Immigration and Emigration corrupt officers

To these Immigration and Emigration officers not only the CCTV camera , but even the single queue system which is also aimed to trap corrupt activities is a bugbear. In the entire world it is this single queue system that is followed at the Airport Immigration and Emigration counters. The passenger is directed one by one to the counters according to which counter is ready and free to receive the next passenger . This is to prevent any passenger from reaching for the officer he desires on a premeditated arrangement. He can only go to the counter that is vacant when his turn comes.

Though this is the procedure followed to eradicate corruption among immigration and Emigration officers in the world , in Sri Lanka however, such a plan is not in place. There being different queues , the passenger who is up to mischief can select the queue freely without any impediment that takes him to the corrupt officer with whom the ‘deal’ has already been arranged. This mafia of the Immigration and Emigration corrupt officers of SL is averse to introducing this change to the existing multi queue system. Obviously , these corrupt scoundrels are opposing the CCTV system too because they are aware they will be trapped when that is in place. Their opposition is unsurprising therefore.

Anti corrupt groups to the fore to lay siege to the homes of these corrupt officers.

The anti corrupt organizations now active in Sri Lanka must give priority and precedence to ensure that these corrupt mafia operators do not emerge victorious in their treacherous and traitorous aims and objectives. These organizations instead of pursuing their own political agendas must cast aside their differences , and work towards eradicating these mafia groups that are routing the economy of the country.

All the anti corrupt organizations must unite and lay siege to the Katunayake Airport with a view to oppose these corrupt rascals and rogues and put a full stop to their corruption. That is the best service they can do to the country vis a vis the deadly disservice these corrupt officers are doing to their own motherland after collecting salaries from the government. If not , they must at least lay siege to the homes of these corrupt officers individually, and demonstrate their opposition to the corrupt activities of these shameless officers who are the scourge of the country in much the same way as the drug dealers and smugglers are with whom they are in league.

Above all, the government should not kowtow to the mafia of these corrupt officers and crooks .When attempts are being made to stamp out robbery , if anybody or group is resisting that ,the only inference is they and their groups are themselves involved directly or accomplices in those crimes. In such instances the anti corruption operations must be intensified against them in the best interests of the country rather than relenting or yielding to their demands.

Bearded goat arriving to cut the beards of President and P.M. soon….

These Immigration and Emigration officers are not celestial beings enjoying special prerogatives or having a special ability , and therefore should be permitted to rob the country in broad daylight with impunity .On the contrary, these are the selfish ,self fattening ,self seeking rascals who have no special skills at all which can be of use to the country . Even the special skill of a carpenter who engraves a flower on a bed or chair , these traitors haven’t . Their gaze are fixed only on filthy lucre however earned . These traitorous officers are so unskilled (except in the art of bribery and corruption), that if only they did not have the ability to speak English , they would be worse placed than the laborers in the Pettah markets carrying gunny bag loads of goods from place to place.

In the circumstances , instead of retaining these stone hearted tortoises of the mafia , it will be infinitely better to select the jobless graduates who are often falling victims to tear gas attacks , and be given the jobs of these rogues , after training those graduates. If such an action is taken at one Institution , the other Institutions will automatically improve , and function duly .

Unless such measures are taken right now, on a not too distant date , for sure a bearded goat is going to arrive one morning to sit on a chair of the President’s palace or on a chair of the temple Trees , to order them to cut their beards (seen and unseen) .

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by (2016-06-29 23:53:56)

Mihin Lanka accused of discriminating Indians – Indian Envoy in Colombo expresses concerns

( June 29, 2016, Colombo, Sri Lanka Guardian) In his letter to the CEO of the Mihin Lanka, a notable bankruptcy aviation private limited, founded by former President Mahinda Rajapaksa when he was in power, by the officers of the Indian High Commission in Colombo has expressed grave concern about the situation faced by the Indian passengers.

The letter in which a copy received by the Sri Lanka Guardian along with the series of multiparty email conversations, follow;

Letter to Mihin Lanka Airline by Thavam Ratna

SriLankan Airlines staff up in arms against loss of BIA ground handling

BY Kumarasiri Prasad-Thursday, 30 June 2016

SriLankan Airlines employees yesterday signed a petition against the Government’s plan to handover all ground handling operations of the Bandaranaike International Airport (BIA) to the Sri Lanka Airport and Aviation Services.

The petition was prepared by the national carrier’s Independent Workers Union to urge the Government to withdraw the decision. Union President Janaka Wijaya Pathiratne said SriLankan workers would not bear with such unfair suggestions which could drive the airline towards more losses.

The petition will be handed over to the President and Prime Minister within the next few days.

The Government sub-committee on economic affairs has recommended giving all ground operations which were considered the highest profitable unit of the airport, to the Sri Lanka Airport and Aviation Services Limited to reduce operational costs.

The Government argued according to the Civil Aviation Act No.14 of 2010, ground level operations should be carried out by a Government shareholder. (CG)

SRI LANKA: An innocent man tortured by Katugastota police

June 29, 2016

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Niroshan Chamara Rupasinghe of the Kandy District was tortured by two traffic police officers attached to the Katugastota Police Station on 13th November 2015. Later he was treated at the Kandy Teaching Hospital. Police have filed fabricated charges against the victim alleging he had obstructed the police in discharging their duties. He was remanded by the Magistrate of Kandy. The victim has complained to the Sri Lanka Human Rights Commission. He is seeking investigation and prosecution of those who are responsible for breaking the law, torturing him and violating his rights. His relatives are demanding immediate justice. This case illustrates the collapse of the rule of law in the country.

CASE NARRATIVE:

According to information received by the Asian Human Rights Commission (AHRC) Mr. Niroshan Chamara Rupasinghe of Kandy District was tortured by the police officers attached to the Katugastota Police Station on 13th November 2016.

Niroshan was driving his car, No: CP- CAG 0683, along with two friends. He was asked to stop by two traffic policemen at the Nitthawala Junction, who were on duty. He obeyed the orders and stopped his car just a few feet from where the two police officers were. He waited about two minutes, thinking that the officers would come to question him. However, what happened was strange. One of the officers opened the car door, dragged him out and shouted “when you are asked to stop, can’t you come out of your car, come to us and produced your licence.” Before he could answer, the two officers started assaulting him. The injuries he suffered indicate the extent of the severity of the attack. He was hit mainly on the head, sustaining severe head injuries. His two friends were also beaten by other police officers.

However, Niroshan’s friends were able to rush him to the Kandy Teaching Hospital for emergency medical treatment for severe hemorrhaging from the head. Hospital authorities admitted him to ward No: 10, later transferred to ward no 1. While he was receiving treatment the Judicial Medical Officer (JMO) examined him and recorded his injuries.

When Niroshan and his friends got out of the car, the police officers forcibly took away his car keys. This made it impossible for them to take him to hospital by car. They had to call a three-wheeler passing by to take them to the hospital.

Meanwhile Niroshan learned that the police officers had damaged the windscreen and the back window of his car plus further damage to the car as it was taken to the Katugastota Police Station.

Then, the police officers filed a case against Niroshan and his two friends, alleging that they had tried to assault the officers. Niroshan and his friends vehemently deny the accusation.

The police have filed a ‘B’ report before the Magistrate of Kandy alleging some offences caused by Niroshan and others. Details of the offences have not yet been made known to Niroshan. On 14th of November the Magistrate visited him in hospital and ordered him to be remanded. Thereafter, both his legs were chained to the bed despite his severe injuries. On 5th of December the Magistrate released Niroshan on bail.

The victim has complained to the Sri Lanka Human Rights Commission (HRCSL) seeking investigation and prosecution of those who are responsible for breaking the law, torturing him and violating his rights.

Family members of the victim state that his fundamental rights were violated by the Sri Lankan state’s officers. They demand for justice for their relative.

SUGGESTED ACTION:

For several years we have been making representations on behalf of the victims of torture and ill- treatment. We have supplied details on how the police behaved in circumstances like the above. Assaulting people for no reason and fabricating charges against them is quite a common occurrence.
No country should tolerate this cruel practice. It must take extraordinary steps to bring such practices to an end.

The Minister of Foreign Affairs of Sri Lanka, addressed the 30th session of the UN Human Rights Council. It was the occasion of the passing of the resolution on Sri Lanka. As a result, the government will issue instructions to the police and the military to stop the practice of torture and sexual abuses. Any person who engages in such practices would be dealt with according to the law. It is hoped that respected law enforcement agencies of Sri Lanka will ensure that such instructions are issued as soon as possible while introducing a procedure for immediate and effective action. Officers, who violate the law by practicing torture, must be prosecuted under Act No: 22 of 1994. It is the duty of the Inspector General of Police to investigate any such alleged incidents. It is the duty of the Attorney General to prosecute the wrongdoers who carry out torture.

Please write to the authorities listed below expressing your concern about this case. Request an immediate investigation into the allegations of torture by the police, and the prosecution of those proven to be responsible under the law. Officers involved must also be subjected to internal investigations for breach of department orders as issued by the police department.

The AHRC will also write a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in this regard.
To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: An innocent man tortured by Katugastota police

Name of Victim: Mr. Niroshan Chamara Rupasinghe
Alleged perpetrators: Officers attached to the Katugastota Police Station
Date of incident: 13 November 2015
Place of incident: Katugastota Police Division

According to the information I have received Mr. Niroshan Chamara Rupasinghe of Kandy District was tortured by the police officers attached to the Katugastota Police Station on 13th November 2016.

Meanwhile Niroshan learned that the police officers had damaged the windscreen and the back window of his car plus further damage to the car as it was taken to the Katugastota Police Station.

Then, the police officers filed a case against Niroshan and his two friends, alleging that they had tried to assault the officers. Niroshan and his friends vehemently deny the accusation.

Family members of the victim state that his fundamental rights were violated by the Sri Lankan state’s officers. They demand for justice for their relative.

I request your intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture. The officers involved must also be subjected to internal investigations for breach of department orders issued by the police department.

Yours sincerely,

---------------------
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk

Thank you.

44 Students, Beat Their 10 Year Old Classmate On The Orders Of Their Teacher

June 30, 2016

A teacher at the Anula Devi Girls’ College in Galle is reported to be involved in a case of child torture, where she had allegedly ordered her students to beat their 10-year old classmate, as punishment for talking to another girl while the teacher was conducting a class.

Send your letters to IGP Pujith Jayasundara

The incident has resulted in the victim receiving physical injuries, while she has also been mentally traumatized, as she was beaten up by 44 students out of the 50 students in the class.

“The girl as a result suffered enormous pain both physically and mentally, and is in a state of shock and trauma. She was not allowed to talk or give any explanations during the punishment, causing her much frustration and stress,” the Asian Human Rights Commission said.

The teacher had ordered her students to beat the girl after she observed that the girl was engaged in conversation with her classmates instead of paying attention to the teacher, which had angered the teacher.

We publish below the Asian Human Rights Commission’s appeal:

The Asian Human Rights Commission (AHRC) has received information that a 10-year-old girl has been tortured on the instructions of her teacher at Anula Devi Girls’ College in Galle District, Sri Lanka. The teacher ordered the class to beat the 10-year old girl on the head, considering it a minor crime; 44 students out of 50 followed the order. As a result, their classmate was physically and mentally traumatised.

CASE NARRATIVE:

According to the information received by the Asian Human Rights
Commission (AHRC), a 10-year-old girl child studying in Grade 4 of the
Anula Devi Girls’ College, Magalle in the Galle District, was
tortured by her teacher inside the classroom on 26 February 2016. On
this particular day, while the teacher was conducting a lesson, she
observed that the girl was engaged in conversation with her classmates
instead of paying attention. Angered by this behavior, the teacher
punished the girl by asking all the other students to beat her on the
head during the class. Of the total 50 students, 44 beat the girl as
per the teacher’s instructions.

Jun 29, 2016

One of the maniac ‘fireworks displays’ made to ‘catch the thieves’ after the ‘Yahapaalana’ government came to power was the Avant Garde maritime company and its floating armoury. There were shiploads of big talk making rounds, but in the end, nothing materialized, as no wrongdoing was proven. Anyway, this matter comes to the fore again after the Galle magistrate gave a funny ruling and remanded the captain of the floating armoury. This is how the country’s law is manipulated and the country has fallen to low a state of anarchy.

Ruling

Some time ago, two government ministers raised a big din, saying a floating armoury being run by Avant Garde was having illegal firearms, whose numbers have been deleted, and that this was a threat to national security.

Later, that arms ship was arrested by the Navy and the Galle courts took up the relevant case on June 23.

Senior assistant secretary of the defence ministry D.M.S. Dissanayake establishes that permission had been given to bring the firearms – 549 T-56 rifles, 264 84S weapons, 173,060 rounds of 7.62 mm ammunition, 30 7.62 mm tracer bullets and 800 5.56 mm bullets – to the country, to maintain the floating arrmoury by Avant Garde at Red Sea, and that the above-mentioned firearms belong to Sri Lanka government-owned Rakna Lanka Security Firm, and that it has bought the weapons with the defence ministry permission from the Army, Air Force and the Navy (related document is affixed 7). That clears the illegal firearms allegation. Also, the government analyst’s report says the numbers of the weapons have not been changed (report affixed 12).

As there was no cause to continue with the case, Galle chief magistrate Nilupuli Lankatilake on June 23 released the ship’s captain, Ukrainian Granaly Gavrilov and the two Rakna Lanka men serving in the ship. However, on the same afternoon, the CID arrested them on the attorney general’s advice and were produced before the magistrate on June 24. In a clear demonstration of the loopholes in the country’s law and the mines dug by treasure-hunters on the law, only the captain was ordered by the magistrate to be remanded on the charge of importation and possession of illegal firearms.

That order is very shocking to say the least.

The general manager of operations of the company has accepted the firearms in the ship belong to Rakna Lanka and that they had been bought with defence ministry approval (letter affixed 6). That has been confirmed by a senior assistant secretary of the ministry. Also, Rakna Lanka chairman Victor Samaraweera has admitted that all activities of Avant Garde were done with the knowledge and supervision of his company (statement affixed 8). It is the defence ministry which permits the transportation of these firearms, at Avant Garde’s request, from Red Sea to Galle port (letter affixed 3). Also, these firearms are in the charge of Rakna Lanka men. As everything stands thus, the ship’s captain is remanded on a charge of importation and possession of illegal firearms.

Where is the law?

No issue should arise about the legality of the firearms as they belong to the state-owned Rakna Lanka. If there is any issue, it is the chairman and the men of Rakna Lanka who should be arrested. The defence ministry’s senior assistant secretary, who gave the approval, should be arrested and questioned over the transportation of the weapons from Red Sea to Galle port. But, what happens in the end is the remanding of the ship’s captain. A court takes decisions based on the submissions made by the attorney general’s department. It should be inquired into as to whose tune the AG’s department officials dance, if they make submissions for such kangaroo court style rulings.

Also, it should be investigated as to how the firearms deemed legal on June 23 became illegal the following day. Furthermore, it is worth finding if the law in Galle is different to the law in the rest of the country. This challenge is posed to a businessman who wields powers, and he should appear on behalf of the ship captain legally. We don’t know how many men are behind bars without any help in similar cases without any legal basis. This shows how the law is maneuvered.

Unacceptable orders

There is another point. In a complaint to police, deputy commanding officer of Dakshina Naval base in Galle Nilantha Heenatigala says he received on 06.10.2015 the defence ministry issued letter asking him to provide facilities to Avant Garde ship to enter the Galle port, but that he cannot accept it (statement affixed 5). That is very amusing. The head of the defence ministry is the country’s president. If a deputy commanding officer of a Navy camp says he cannot accept an order coming from such a place, we will not be surprised if a commander of the armed forces says tomorrow that he cannot take orders from the president. This shows the state of anarchy facing the country. It is evident that the AG’s Department officials and the Navy officer have become some’s cat’s paws. There is another side to the story.

Who is the monkey?

According to international maritime laws, the government is bound to pay compensation to a maritime company if a ship is seized on certain charges, which cannot be proven. Avant Garde intends to seek a Rs. 2.5 billion compensation. It says the money will be used for the benefit of the soldiers who have lost their jobs due to this matter. It may be that the AG’s Department speedy intervention is due to that reason. The payment of compensation could be disrupted, or commission or extortion money could be sought. Whoever the cats are, the amount of the compensation makes it clear the monkey in hiding is not a nobody. Anyway, the delay in the legal proceedings will only result in the addition of demurrage to the Rs. 2.5 compensation.

It did not take a long time for the ‘Yahapaalana’ government that was formed with the January 08 transformation to become a total mess. It is now common to see shrimps with impurity filled in their heads claiming to be blameless, while pigs lying on the mud making wholesale challenges. Anyway, the political authority bent on money making and their puppets of officials will only speed up this government’s journey to the gallows.