Peace for the World

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

Friday, July 14, 2017

Sri Lanka: Women’s Call

End Impunity and Ensure Non-Recurrence with Enforced and Involuntary Disappearances in Sri Lanka


( July 14, 2017, Colombo, Sri Lanka Guardian) We, as conflict affected women and victims, have searched for disappeared loved ones and witnessed thousands of others searching for their loved ones. Many have gone before numerous state initiatives including several commissions of inquiry appointed by successive governments with no answers given or effective steps taken to prevent future disappearances. After many years of empty promises, we were heartened by the Government of Sri Lanka’s ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in May 2016 and looked forward to domestic legislation being introduced to criminalise enforced disappearances in Sri Lanka and make it meaningful locally. In February 2017, the International Convention for the Protection of All Persons from Enforced Disappearance Bill was gazetted and we waited for Parliament to debate and thereby criminalise disappearances. On 5th July, we were disappointed to hear of the indefinite postponement of the debate without any reasons given. We believe the Bill is essential for reconciliation as it will prevent future disappearances, end impunity and ensure that no loved ones will have to experience the pain many have experienced for decades.
We are also aware that several actors are spreading false information of the proposed law and attempting to prevent the Bill being taken up for debate. Such persons through their actions are effectively sending the message that no action should be taken on enforced and involuntary disappearances and thereby promoting the culture of impunity. We are indeed saddened by such irresponsible statements and action, as it shows that many are unaware of the pain and suffering caused by disappearances to families and communities and are encouraging a crime that has a devastating impact and perpetuates the suffering faced by thousands across Sri Lanka, in the north, south, east and west.
Numerous commissions over the years and most recently the Public Representations Committee on Constitutional Reform and Consultation Task Force on Reconciliation Mechanisms from 2016 highlighted the plight of victims of enforced and involuntary disappearances. Many women who came before the consultation processes in 2016 spoke of the need for guarantees of non-recurrence in relation to disappearance. We believe criminalizing disappearances in Sri Lanka is a critical step in this process. Therefore, we call on the Government of Sri Lanka and political leaders to take a firm stand on a crime that has been unaddressed for too many years and to take immediate steps to debate and enact the Bill into Sri Lankan law. Such a measure will provide confidence to us and the many affected persons in all communities that genuine steps are finally being taken to stop future disappearances and ensure non-recurrence.
Signatories;

‘Minority Complex’ of some Sinhala Leaders and Advocates!


article_imageRajapakse at Hindu temple
Leslie

Laksiri Fernandoby Laksiri Fernando- 

There can be some objective reasons why some of the Sinhalese, not all, have a ‘minority complex.’ The historical or geopolitical context is Tamil Nadu or South India.As far as I am aware, this was first pointed out in an objective manner by Leslie Goonewardene of the old LSSP,when he wrote ‘The History of the LSSP in Perspective.’ He said that, "Although in the state of Ceylon, the Sinhalese constituted the majority and the Tamils the minority, the Sinhalese considered themselves to be the minority in the region, when one counted also the tens of millions of Tamils in South India." He also added "However unfounded these fears may have been, they were both widespread and deep among the Sinhalese population" (My emphasis).

This was in 1960. His mistake was to consider it a total Sinhala perception. A task of the LSSP or the left movement, anyway, was to change ‘these unfounded fears’ for a better and a progressive future of Sri Lanka. But it was not happening.

I met Leslie in early 1974 for an interview, at his Colombo residence, at Pedris Lane. I was thinking of doing my post-graduate research on the left movement at that time. When we were discussing this matter, among other things, and I asked him critically: ‘Is it not correct to say that the LSSP itself has succumbed to these fears?’His answer smiling was:‘You know, most of our comrades also suffer from these fears.’ It is still true of the remaining old LSSP today, and the traditional left movement in general.

Roots of Fear

All ‘fears’ or concerns cannot be totally discounted. As a small Island nation, it is true that Sri Lanka is vulnerable to immense international and other pressures. That is what a national leadership for; to prevent, counter and manage these pressures. But instead, if the leaders and their advocates themselves promote these fears among the masses, that is the prescription for a ‘defeatist nation’ instead of a confident and a vibrant one.

HLD Mahindapala in a response to my article, ‘Is there a "Sangha State" behind the State’ (10 July), says the following.

"His objections, as I understand it, are to Sinhala-Buddhist politics which oppose the disproportionate demands manufactured in the thirties and forties by the two intransigent racist gang-leaders, Ponnambalam and Chelvanayakam."

His ‘understanding’ is completely wrong.

My objections(or rather exposure)were to the BBS’ fascist politics and its justification by the Asgiriya Mahanayake Theras followed by the all three Nikayas. Mahindapala is still living in the thirties and forties with Ponnambalam and Chelvanayakam!

This is a common ailment. Sri Lankan armed forces defeated the LTTE in May 2009. But even thereafter, many of the Rajapaksa leaders and advocates continuously suffered from the LTTE fear without any foundation. That is why they terribly failed to take the next step for national reconciliation with the Tamil people. It was not merely the fear of the ‘international,’but also the fear of the ‘internal,’ the minorities. They couldn’t understand the new stage. They continuously lived in the old conditions, at least mentally. I know this for sure, as I was somewhat close to them that time.

It was not that that the issues of security could easily be discounted, just because of the defeat of the LTTE. But there should have been some proportionality and realism. The new risks were not the same as before. They won, but they felt that they lost!

This was not only a Rajapaksa ailment. The failures of the political leaderships since independence to forge a united Sri Lankan nation, on the lines of a civic nation or civic nationalism, were at the core of this ‘defeatist’ and ‘defensive’ politics. There was no iota of optimism or self-confidence. They go too much into history, without a vision and confidence for the future. The minority, and particularly of the Northern Tamil leaders, also suffer from this ailment in multiple ways and my focus in this article is on the Sinhala leaders and their henchman advocates.

When you look around the world, most of the conflicts, or their reasons, are more of imagined than real. This is also one reason why a dangerous armed race (now a nuclear race) is conducted with colossal financial expenses and fatal risks, while thousands and thousands in the world’s poor suffer from hunger, malnutrition and disease.

In rare cases, there are/were minorities controlling the majorities. Apartheid South Africa was one example. However, after the political change and defeat of Apartheid, the South African Black leaders are managing the country with confidence. There are no traces of ‘minority complex’ among the South African leaders.

Sri Lanka is not Alone!

Of course, Sri Lanka is not alone. The closest ‘friend’ in this case is Zionist Israel. The way they cultivate the ‘minority complex’ is very much similar to what the Sri Lankan propagandists, like HLD Mahindapala, do in our country. Therefore, the Maha Sangha should not be blamed solely. The blame should go to these propogandists also.

Nissim Rejwan(‘Israel’s Years of Bogus Grandeur,’ 2006) succinctly puts this ‘minority complex’ in Israel on three counts. First, as they feel, when the world is divided into Jews and Gentiles (non-Jews), then the Jews are of course a minority. This is also similar to what is perceived in Sri Lanka on religious grounds. The Buddhists are the majority in Sri Lanka (70%), but a small minority in the world (7%).

Second, when the Jewish situation is perceived in the Middle East, they remain a tiny minority in a sea of Arab nationals. This is similar to the most prominent comparison given in Sri Lanka as Leslie Goonewardene did. When the Sinhalese are compared to the South Indian Tamils (not to speak of others), it is a minority.

Third, in the case of Israel, in a narrow cultural or culturist terms, Rejwan also said, the Zionists also feel a minority among the other Jewish communities. This is in a sense also the case of the Sinhalese, because many of them readily accept their mixed ancestry/ancestries. Therefore, the ‘pure Sinhalese’ also feel a minority among the Sinhalese, although they may be the most ‘mixed’ in the actual sense. If you are in a mixed marriage, perhaps by accident, then this feeling is doubly accelerated.

Even otherwise, there is a third dimension to the Sinhala ‘minority complex’ in the North and the East. This majority-minority complex is a common bane among the Tamils as well. The whole homeland concept rests on acquiring a majority status. In areas where they are dominant, they also want to discriminate the Sinhalese or the Muslims on this basis.

The solution to this bizarre majority-minority syndrome is to perceive that we all live in a pluralist, multi-ethnic and multi-religious societies. This is the case in Sri Lanka, as well as in other countries. As Amartya Sen succinctly illustrated (‘Identity and Violence: The Illusion of Destiny’), people have multiple plural identities and not only ethnicity or religion; or only majority-minority identity. Before the exact population counts were available in Sri Lanka, there were not much complex or conflicts based on majority-minority or ethnic lines. People used to mix quite freely beyond ethnicity or religion. Historically, Sri Lankan society was largely a product of this mix, until the ethno-minded leaders came to disrupt the situation and use these fears and feelings for their power politics.

Fear Mongering

Fear mongering about the minorities is mostly a political project than a real concern among the people. It is promoted by paid and unpaid advocates of power hungry, mostly defeated political leaders. Only occasionally, the public is carried away by these fears and propaganda.

The justification for the 18th Amendment was based on the argument that Sri Lanka needs a strong and a continuous presidency in the face of threats and risks. It was on that basis that the January 2015 presidential election was held, even two years before, to end up in a pathetic defeat. It was believed that ‘the majority of the majority’ was sufficient to win an election, neglecting the ‘minority’ concerns. That argument also terribly failed.

After the presidential elections, the fear mongering was accelerated to win the parliamentary elections in August in the same year. The much hyped Nugegoda rally, to ‘rise up with Mahinda’ (Mahinda Samaga Nagitimu) was particularly aimed at this end. However, the parliamentary election results clearly show that the Sinhala people could not be swayed by those fears alone. The voters moved more towards a ‘majority-minority or a multiple alliance,’ while the SLFP itself breaking up into two on the same and other issues. This was a major progress from the old ‘1956 SLFP.’

If there is any reasonable and a general formula for winning elections, even in the future, that is not about ‘majority of the majority,’ but about ‘majority-minority or multiple alliance/s’ under a rational political platform. However, the propagandists, like Mahindapala, are still waving the old formula of fear mongering about the minorities or the international actors. This is the gist of his response to me on the ‘Sangha State’ question. If I may just ignore his customary invectives, the three cases that he has cited amply demonstrate his propensity to carry on with this fear mongering among the Sinhala people.

He says, "I shall select only three instances [cases] to test the validity of his [my] argument." What are they? Let me quote his first case in full.

"Case 1: When the anti-conversion bill was presented the American government of Bush, a committed Evangelist, forced his will on Chandrika Bandaranaike’s government to reject it. Now which state was running CBK’s state?"

He is not giving the time frame or the context for his spurious case. This was October 2005, although a bill was initially presented in June to circumvent a more stringent bill from the JHU. Mahinda Rajapaksa was the Prime Minister of the Chandrika Bandaranaike government that Mahindapala talks about. Let us forget about that. But MR became the President after the elections on 17 November. What happened to him and the bill, thereafter? Was the American government also running the Mahinda Rajapaksa government as well on the interests of the Evangelical groups? Mahindapala is mum about this latter part of the history.

In his Response, he has not quoted me at all, except running away with my thought provoking question in the title! His argument is that, if my question is valid, then his cases are also valid. But in my case, I have given ample evidence not only quoting the Mahanayake Theras’ statement, but also the Asgiriya one, quite extensively. But what he has actually done is the propagation of the usual ‘minority complex’ and the ‘international phobia.’ His second case is about ‘Islamophobia.’ And the third one is more spurious, finding NGO ‘reds under every bed.’ There is no further point in answering him.

More than 900,000 affected by droughts in the North

Friday, July 14, 2017 
More than nine hundred thousand civilians are affected by the drought condition that currently prevails in the Northern parts of the country, the Disaster Management Centre (DMC) said today.
DMC Deputy Director K.A.D.P.K. Kodippili responding to Daily News said the year prolonged drought condition has affected areas including Puttalam, Monaragala, Anuradhapura, Polonnaruwa, Northern Province and some parts of Kurunegala and Kandy.
After conducting preliminary assessments regarding the condition, the DMC has spent Rs. 40 million to provide clean drinking water to people in affected areas.
Kodippili also said that the DMC has provided 6000 water tanks and 200 water bowsers to the program.
The DMC Deputy Director requested from the civilians in the affected areas to contact 117 emergency service if they come across  problems to access clean drinking water.
He also said the famers have undergone crop damage due to the severe weather condition and have been compensated.
The DMC has also implemented several awareness programs for the affected communities on the importance of consuming clean drinking water, Kodippili said.  

Training Workshops for Provincial Journalists on Investigative Reporting on Bribery or Corruption

Training Workshops for Provincial Journalists on Investigative Reporting on Bribery or Corruption
Jul 14, 2017

Applications are called from provincial journalists for the above training workshops that are scheduled to be held in August and September 2017 in Matara, Bandarawela, Jaffna and Kurunegala.

Workshop admission is free. Print or electronic media (Sinhala/Tamil/English) journalists, especially interested in investigative journalism can apply. Workshops will be held in Sinhala and Tamil. Those who will finish the training successfully can carry out their investigative reporting with the Free Media Movement and best reports will be awarded.

Please forward you application with you name, address, contact details, preferred area including a description of the work you are doing before 20th July 2017 by post or email.

Convener, Free Media Movement, 96, Kirula Road, Colombo 05 / fmmsrilanka@gmail.com
For more information, please call our office on 0112-368895

First Ever Heart Transplant In Sri Lanka

By Hema Senanayake –                              
Hema Senanayake
logoThe news was everywhere. It was on TVs and in all national newspapers. I was truly thrilled as a citizen about the marvelous job that our doctors have done. I am not sure how many of them are GMOA members. Whatever the case is, I was curious whether the leaders of our nation might have had the same feeling like me. I wanted to know it firsthand. So, I went to the website of our President Maithripala Sirisena. I did not find any single congratulatory message sent to the team of doctors and their supporting staff who performed, perhaps the most difficult surgery. But I found the following:
and the following too,
Both above messages were to congratulate our cricketers. Thereafter, I did not go to search the archives of Prime Minister’s news portal. However, I was waiting for this day on which our doctors might turn a new page of our medical history. It has happened now. A few months ago, one of the leading consultants of the team of doctors who performed this surgery met us at our home. It was a friendly family visit. But on that day he narrated a story for which I listened spellbound with occasional questions. For me, heart transplant is like a horror story in a movie.
The process usually begins with harvesting a heart from a patient whose brain was completely damaged or dead. That person is a dead person but live on life support system in a hospital. Then doctors would explain the patient’s situation to the immediate family and would make an unusually difficult request. Doctors would ask the family the heart of the patient. Literarily they say, give us his heart we will fix it to another patient who is in need. True Dracula story, if medical science and ethics do not involve. If they agree to donate the heart, doctors will begin two processes almost at the same time. First, they plan to harvest the heart in good quality and secondly, another team of doctors would open the chest cavity of the recipient for the transplant; in fact both processes begin almost at the same time. The reason is that according to the available technology a harvested heart cannot be kept in good quality for more than three hours. It has to be fixed on to the recipient patient immediately.
As he continued to explain, his enthusiasm was quite visible in his face. We were listening. He further explained that once he has been assigned to a team of doctors who harvest hearts when he was in London a long time ago. The chances are very rare that the donor patient and the recipient patient would be in the same hospital. Instead what is possible is that both patients would be located in two different hospitals with having significant distance in between two hospitals. Therefore bringing a harvested heart within three hours to the location of recipient patient is not possible if transportation facilities are not available. In the U.K. they have it. They use small planes for the purpose. It is quick and making no stops for traffic jams. Then his enthusiasm faded, at least I thought so. He lamented that it would take long time for Sri Lanka to have that kind of efficient transport system. This has hampered for having heart transplant procedures in Sri Lanka. There are quite a few donor patients and recipient patients appearing time to time. If they are located in two distance hospitals, doing a heart transplant is not possible because they cannot bring the harvested heart within three hours. Then he said the only possibility of doing a heart transplant in Sri Lanka is that both patients must be in the same hospital.
Luckily for the recipient of Kandy Teaching Hospital, the donor patient was admitted to the same hospital after a fatal motorcycle accident. The Kandy Teaching Hospital was unwittingly waiting for the miracle to happen. Finally, it has happened. The Daily News reported it as follows:
“Sri Lanka’s first ever heart transplant have been completed successfully at the Kandy Teaching Hospital according to hospital sources. The complex surgery was carried out by an expert team of three heart surgeons, a transplant surgeon, a cardiologist, Transplant Coordinators, Anaesthesiologists and other supportive staff.” (July 10, 2017)
It appears that even reporters were jubilant in reporting this news in their respective newspapers.  They sense the commitment of doctors who performed it. One doctor of the team told the media that they still could not properly sleep even after the three days of the surgery. No one told them to do the transplant neither they were paid money. Their commitment was so high; I guess only a highly professional team bounded by true ethics can do it. I have a feeling that most of the doctors in Sri Lanka are like this.

Read More

Sri Lanka’s Difficulty With Truth


Sri Lanka
Sri Lanka’s President Maithripala Sirisena at the United Nations headquarters in Manhattan, New York, September 27, 2015. 
 © 2015 Reuters

Tejshree Thapa-July 13, 2017


War is messy, leaving in its wake, not just death, injuries and destruction, but persistent distrust. To heal, there needs to be communication, understanding, and above all a sense of righting wrongs. In this, Sri Lanka’s Government is faltering, despite promises to its own people, as well as to the international community.

Sri Lanka’s three-decade war with the separatist Liberation Tigers of Tamil Eelam (LTTE) killed an estimated 100,000 civilians, left many more injured and displaced, and widened a seeming unbridgeable rift between the minority Tamil and Muslim communities, and majority Sinhalese communities.

After an October 2015 pledge to the United Nations Human Rights Council to address justice and accountability, Sri Lanka’s Government in 2016 embarked on a nation-wide consultation to find ways to deliver answers.

The Government entrusted the task to an 11-member Consultation Task Force (CTF), representing a cross-section of Sri Lanka’s ethnic, regional, and religious groups. Nearly half the team, including the head of the CTF, were women.

The consultation process was a complicated one. The CTF recruited representatives of local civil society, political, feminist, healthcare and religious leaders as Zonal Task Force members (ZTF), who could conduct consultations on the ground across the various districts and provinces. Several ZTF members told Human Rights Watch that it was a difficult process, with little support or outreach from the government. Worse, they said people turned up for meetings despite intense fear of security force surveillance.

The ZTF reported robust participation even in the southern predominantly Sinhala provinces, and from within the military forces themselves – groups that had been expected to be somewhat recalcitrant. This is because communities trusted members of the task force, and wanted to both understand the transitional justice process and work towards justice, in spite of the fears and difficulties.
The Government of Sri Lanka should publicly acknowledge the findings of the consultation report ... not just so Sri Lanka can keep its commitments internationally, but to reassure its own citizens that it believes that peace includes justice. 
The ZTF ended their consultations in August 2016, and submitted their reports on their respective districts and provinces. The CTF then compiled these various reports, and distilled the findings and recommendations into one central report, which was submitted to the government on January 3, 2017. The report makes strong recommendations.

It calls for the creation of a war crimes court comprised of both national and international judges and other officials, with no time limit on its jurisdiction. Support for this court included Sinhalese, whose population suffered thousands of enforced disappearances three decades ago, for which there has been no accountability. The task force also recommended a countrywide response to disappearances, financial and symbolic reparations, a constitutional and political settlement, resolution of longstanding land disputes, and attention to psychosocial needs.

Half a year later, the Sri Lankan Government has let this important initiative languish. Although officials travelling abroad boast about the consultation process and herald it as a signal of the Government’s determination to abide by the Human Rights Council resolution, it has completely ignored the report domestically. Foreign governments watching Sri Lanka’s progress on the resolution need to ask tough questions about why yet another Sri Lankan Government report is banished into silence. Meanwhile, the task force members, both national and zonal, are left in a quandary. While many joined the effort with a fair degree of scepticism, aware that the Sri Lankan State had undertaken many commissions of inquiry which in the end led to no redress, they had hoped that the Government led by President Sirisena was sincere in its promises. And now they feel let down.

A CTF member described both the exhilaration of the process and the attendant disappointment: “The consultations gave way to an amazing non-patronising community of support…the best thing about the experience is that people had ideas. But by January 2017, I was wondering: what the hell?”  ZTF members, particularly community leaders who have spent years building relationships of trust, feel they are bearing the brunt of public rage over the lack of action. They feel exposed, and are confronted daily by their communities, yet another failed promise but this time by trusted local leaders.  “They are very angry with us, people have lost their faith, even with me,” one ZTF member told Human Rights Watch. “And now, I also have lost faith.”

The Government of Sri Lanka should publicly acknowledge the findings of the consultation report and ensure that its recommendations – which are nothing more than the voices of the aggrieved nationwide, across ethnic and religious lines – are appropriately implemented through robust justice mechanisms.

This is not just so Sri Lanka can keep its commitments internationally, as it must, but to reassure its own citizens that it believes that peace includes justice, and not just the end of war.

Implement Geneva resolution or face consequences – UN

*...flays security establishment and its allies in govt* Geneva to review New Anti-Terrorism Act


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Ben Emmerson, UN Special Rapporteur on human rights and counter-terrorism, speaks during a press conference in Colombo yesterday, July 14. (Lakruwan Wanniarachchi / AFP)

by Shamindra Ferdinando

Alleging that ‘retrograde elements in the security establishment and their allies’ in the government were trying to undermine post-war reconciliation process, the UN yesterday warned Sri Lanka of dire consequences unless the government fully implemented Geneva Resolution 30/1 co-sponsored by the Sirisena-Wickremesinghe administration in Oct 2015.

The warning was given by Ben Emmerson, QC, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Addressing the media at UN compound in Colombo at the conclusion of a five-day visit undertaken on the invitation of the government, the British lawyer explained a range of measures available to the UN in case reneged its promises. Emmerson declined to speculate what their options would be but indicated that punitive measures could be taken.

Emmerson was flanked by UN Resident Representative Uma McCauley.

The Special Rapporteur asserted that fulfilling Geneva Resolution wouldn’t be an easy task. Responding to a query, Emmerson said that Sri Lanka shouldn’t test patience of the international community. Sri Lanka last march received two year period to accomplish the challenging task.

Emmerson emphasized that Sri Lanka couldn’t under any circumstances refrained from implementing the Geneva Resolution.

The Britisher who had held Special Rapporteur post since Aug 2011 declared Sri Lanka’s anti-terrorism law as one of the worst in the world. Emmerson declined to compare the situation in Sri Lanka with any other country.

Asked by The Island whether he could explain argument with Justice Minister Dr. Wijeyadasa Rajapakse, PC, over Sri Lanka’s human rights situation, Emmerson said that he didn’t wont to comment on discussions he had with government representatives. Emerson emphasized that it was his policy not to reveal discussions. When The Island pointed out that Emmerson, in his opening remarks, had referred to discussions he had with Prime Minister Ranil Wickremesinghe, Law and Order Minister Sagala Ratnayake, Foreign Minister Ravi Karunanayake, Attorney General Jayantha Jayasuriya as well as Army Commander Lt. Gen. Mahesh Senanayake though he declined to discuss his meeting with Justice Minister Rajapakse, Emmerson acknowledged that he was being selective. Having listed all politicians, officials, military and police top brass, Emmerson said that he had also met the Minister of Justice.

The UN official said that those who had been obstructing the process of post-war national reconciliation were known and it would be up to Parliament and the people to decide on them.

Emmerson again declined to comment when P.K. Balachandra, The New Indian Express correspondent in Colombo asked him whether during his meetings here he had met any one of those who had been obstructing the UN led process.

Justice Minister Rajapakse is a key member of the Prime Minister Wickremesinghe’s ministerial team tasked with implementing the Geneva Resolution.

Emmerson attributed the inordinate delay in the implementation of the Geneva Resolution 30/1 to agenda pursued by elements in the security establishment and their allies in the government. In spite of much touted promises by the government, Emmerson said: "Two years on and already four months into a two-year extension granted to the government by the Human Rights Council the progress in achieving the key goals set out in the Geneva Resolution is not only slow but seems to have ground to a virtual halt. None of the measures so far adopted to fulfill Sri Lanka’s transitional justice commitments are adequate to ensure real progress and there is little evidence that perpetrators of war crimes committed by members of the Sri Lankan armed forces are being brought to justice."

Emmerson revealed that Sri Lanka had promised to discuss the proposed Counter Terrorism Act (CTA) in place of the PTA and bring in required changes before being presented for parliamentary approval. Emmerson emphasized in no uncertain terms that the proposed Act wasn’t acceptable to the UN though there were significant improvements. Emmerson alleged that the proposed CTA was meant to continue with the existing security policies that would guarantee the continued violation of those human rights of suspected terrorists.

Emmerson revealed that he had received an assurance from the Foreign Ministry that the CTA would be discussed with his Geneva-based team to redraft it in line with international standards.

Full Statement by Ben Emmerson, UN Special Rapporteur on human rights and counter-terrorism, at the conclusion of his official visit

UN Special Rapporteur on human rights and counter-terrorism, Ben Emmerson, at a media briefing at the conclusion of his mission to Sri Lanka

United Nations Sri Lanka14 / 07 / 2017

Preliminary findings of the visit to Sri Lanka

Colombo (14 July 2017), The United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Mr. Ben Emmerson, visited Sri Lanka from 10 July to 14 July 2017. He thanks the Government of Sri Lanka for having extended an invitation to visit the country. The purpose of the visit was to assess the progress Sri Lanka has achieved in its law, policies and practice in the fight against terrorism since the end of its internal armed conflict, as measured against international human rights law, particularly since progress in these areas is key to its efforts in ensuring reconciliation, accountability and lasting peace in the country.

Torture by Sri Lankan police routine, says human rights lawyer

Country’s judicial system and tolerance of abuse a stain on country’s international reputation, reports Ben Emmerson QC
 Sri Lanka’s capital, Colombo. The visit by Ben Emmerson QC was conducted with the full cooperation of the country’s government. Photograph: Ishara S. Kodikara/AFP/Getty Images

 Diplomatic Editor-Friday 14 July 2017
The use of torture by Sri Lankan security services has become routine, a UN special rapporteur has concluded following a visit to the country. 
The four-day visit by Ben Emmerson QC was conducted with the full cooperation of the Sri Lankan government, but the British lawyer found that the country’s judicial system, and tolerance of torture, is a “stain on the country’s international reputation”.
Government explanations for the state of the judicial system were entirely inadequate and unconvincing, said the independent expert, who was appointed by the Human Rights Council.
Emmerson’s report also concluded that the coalition government’s plans for a path to reconciliation after a 26-year internal war, has “ground to a virtual halt”.
Draft revised anti-terror laws prepared by the government, he warned, will leave unchecked the routine police use of torture to extract confessions.
“The use of torture has been, and remains today, endemic and routine, for those arrested and detained on national security grounds,” the report stated. “Since the authorities use this legislation disproportionately against members of the Tamil community, it is this community that has borne the brunt of the state’s well-oiled torture apparatus.”
He added that 80% of those most recently arrested under the Prevention of Terrorism Act in late 2016 complained of torture and physical ill-treatment following their arrest.
The torture included beatings with sticks, the use of stress positions, asphyxiation using plastic bags drenched in kerosene, the extraction of fingernails, the use of water torture, the suspension of individuals for several hours by their thumbs and the mutilation of genitals, he said.
Emmerson said that while some individuals supposedly involved with the Liberation Tigers of Tamils Eelam (LTTE) had benefited from amnesties and rehabilitation, many more had been treated under controversial terrorism legislation.
“Entire communities have been stigmatised and targeted for harassment and arbitrary arrest and detention and any person suspected of association, however indirect, with the LTTE remains at immediate risk of detention and torture,” the report said, adding that there was little evidence of torture being discouraged.
“Only 71 police officers had been proceeded against for torturing suspects since available records began.”
Emmerson also reported that 70 prisoners “had been in detention without trial for over five years and 12 had been in detention without trial for over 10 years. These staggering figures are a stain on Sri Lanka’s international reputation”.
Sri Lanka emerged from a brutal Tamil war of independence in 2009 after 26 years of fighting and terrorism. A coalition government was formed in 2015, and Emmerson held meetings with all the relevant ministers, as well as security officials, legal officers, prisoners and human rights specialists.
The lawyer said he was given personal assurances by the most senior Sri Lankan ministers that they were on a path of reform, but pointed out that these commitments have previously been given, and simply not met.
He warned that if government inertia over reform does notend, the authorities will have created “precisely the conditions likely to produce festering grievances, to foster unrest and even to reignite conflict”.

More on 'clash' between Justice Minister and UN official



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By Shamindra Ferdinando- 

Justice Minister Dr. Wijeyadasa Rajapakse, PC, had a heated argument with Ben Emmerson, QC, Special Rapporteur at the onset of a meeting over latter leveling unsubstantiated allegations at law enforcement authorities and the judiciary.

Emmerson had a series of meetings over the past few days after his unexpected encounter with the Justice Minister early this week.

At his meeting with the Justice Minister Emmerson accused the Sri Lanka police of torturing most of the suspects; he placed the number of terrorist suspects in custody at 200. Government sources told The Island that Minister Rajapakse had inquired from Emmerson who had provided such inaccurate information. The UN official attributed his information to reliable sources, prompting Minister Rajapakse to remind the visiting official that he was the Justice Minister and he spoke with responsibility.

Minister Rajapakse stressed that 71 persons held under the Prevention of terrorism Act (PTA) in respect of 46 cases were hardcore terrorists responsible for mass murder.

In response to Emmerson's criticism of law enforcement authorities obtaining convictions through confessions, Minister Rajapakse pointed out that British Premier Theresa May's recent vow to protect officers and men fighting terrorism at the expense of human rights laws. The minister said that it was absurd for British UN official to condemn Sri Lanka for obtaining convictions by confessions when the UK followed the same policy.

Recently human rights chief Zeid Hussein referred to accusations made by retired navy Chief of Staff Sarath Weerasekera as regards the UN turning a blind eye to Theresa May's declaration while purusing Sri Lanka.

Addressing the media at the conclusion of his visit yesterday at the UN compound, Emmerson appreciated assurances given by Army Commander Lt. Gen. Mahesh Senanayake and Attorney General Jayantha Jayasuriya. Many an eyebrow was raised when he referred to the recent arrest of Commodore D. K. P. Dassanayake regarding alleged war time disappearances. Emmerson said that in the wake of Lt. Gen. Senanayake's assurance that members of armed forces who had committed crimes would be brought to justice, senior naval Commander was arrested for his alleged involvement in the disappearance of 11 persons during the closing stages of the conflict.

Emmerson on the basis of data provided by the government said that out of 81 persons currently in the judicial phase of the pre-trial detention, 70 had been in detention sans trial for over five years and 12 without trial for over 10 years.

Alleging that in spite of change of government in January 2015, the PTA was remained operational Emmerson demanded that all of them should be granted bail immediately or prosecuted within weeks or months.

Emmerson called for immediate remedial measures by way of reviewing the legality of the detention of those still held by the government and grant them fair trials. The UN official insisted that tangible measures should be taken to inquire into all accusations against the police through the appointment of an effective mechanism.

FR. NANDANA MANATUNGA WANTS NALIN LADDUWAHETTY, PC TO WITHDRAW DEFAMATORY COURT STATEMENT



Sri Lanka Brief14/07/2017

Writing to Mr. Nalin Ladduwahetty, President’s Counsel, Fr. Nandana Manatunga the Director of Human Rights Office Kandy  has requested him to withdraw his defamatory  statement by way of an affidavit filed in the same court, and I further ask you to publicly withdraw this statement.
Fr. Nandana Manatunga  is a well known human rights defender in Sri Lanka.

Mr. Nalin Ladduwahetty in his defence of a police constable in a torture case has stated that “Fr. Nandana Manatunga tortured the victim…” at the Court of Appeal in Sri Lanka on 13th July.
In his letter Fr. Nandana Manatunga says that ” I am a Sri Lankan Citizen who has lived an exemplarily life and I also a Catholic Priest who is under obligation to live in a manner to be an example to others. In such circumstances the statement that you have made is damaging not only my reputation but also my social and professional image.

Hence, I am writing this to protest against your statement and to request you to withdraw your statement by way of an affidavit filed in the same court, and I further ask you to publicly withdraw this statement.”
The letter sent by Fr. Nandana Manatunga  and statement issued by the AHRC on false claim follows:
12th July 2017
Mr. Nalin Ladduwahetty, President’s Counsel,
Attorney-at-Law,
No : 33, Royal Range,
Dolalanda Watte,
Kottawa Road,
Thalawatugoda.
Dear Mr. Nalin Ladduwahetty, President’s Counsel,
I, Rev. Fr. Nandana Manatunga the Director of Human Rights Office Kandy writing in reference to the case of Mr. Daundage Pushpakumara ( the Complainant Appellant of CALA 12/2016 ) which was argued before the two Judges of the Court of Appeal.

I am writing this regarding a statement you have made during the court hearing in your capacity as a counsel appearing for the Respondent Police Officer and the Gramarakshaka that is the 01st and the 02nd accused in this case.

Immediately after the case, I was informed by the instructing attorney in this case, that you made a statement referring to my name and that “I was the one who has tortured Mr. Daundage Pushpakumara and not the police”. This was confirmed by a senior lawyer who was also present in court and heard the remarks made. Both the lawyers have expressed to give affidavits, confirming the information that I mentioned above.

I am aware of the professional privileges of a lawyer. I am also aware that making of statements which are blatantly faults and unrelated to any evidence that has being led in courts is not covered by your professional privileges. By making a public statement in one of the most important forums in the country that is the Court of Appeal has caused severe public humiliation to me. I consider your statement as defamatory and as a violation of your professional obligation.

I am a Sri Lankan Citizen who has lived an exemplarily life and I also a Catholic Priest who is under obligation to live in a manner to be an example to others. In such circumstances the statement that you have made is damaging not only my reputation but also my social and professional image.
Hence, I am writing this to protest against your statement and to request you to withdraw your statement by way of an affidavit filed in the same court, and I further ask you to publicly withdraw this statement.

I have considered it as an obligation on my part to help the victims of torture and ill-treatment as torture and ill-treatment is reprehensible moral conduct damaging not only the individual victims but also the whole society.

I am also aware that my position is supported by the constitution of Sri Lanka.
Thanking You, 
Yours in Christ.
Rev. Fr. Nandana Manatunga
Director – Human Rights Office, Kandy
———-
SRI LANKA: How some lawyers trivialise legal proceedings
“Fr. Nandana Manatunga tortured the victim…” claims President’s Counsel, Mr. Nalin Ladduwahetty in his defence of a police constable in a torture case.

The case of torture of Mr. Daundalage Pushpakumara came up today at the Court of Appeal in Sri Lanka. The court was considering a petition filed by Pushpakumara, seeking leave to appeal in his case bearing number CA: A12/16. Attorney-at-Law, Mr. J. C. Weliamuna appeared on behalf of the appellant/victim along with Attorney-at-Law, Mr. Pulasthi Hewamanna. Mr. Nalin Ladduwahetty P.C. appeared for the respondent police officer.

The case came up before two judges. The submissions made on behalf of victim/appellant were both on questions of law and facts. A fundamental question of law that was raised is concerning Section 200 (1) of the Criminal Procedure Code. The lawyers appearing for the victim/appellant argued that the trial judge had wrongly applied the law and that it is a fundamental misdirection that besets the lower court judgment. Explaining this argument further, Mr. Weliamuna stated that the trial judge, by the end of the trial, had already come to the conclusion, that the offence of torture was committed against the victim/appellant and that the crime has already been proven beyond reasonable doubt.
Mr. Weliamuna argued further that on the basis of this finding by the trial judge, the application of Section 200 (1) is impossible in the case. The reason for the argument is that Section 200 (1) is applicable only when the judge wholly discredits the prosecution case or when the evidence does not disclose the commission of the offence charged, or any other offence. As against this, the trial judge had already concluded that the offence of torture has occurred. The victim/appellant’s lawyers argued that the application of section 200 (1) therefore in this case by the trial judge is wrong.

Mr. Weliamuna also argued that the trial judge further erred in law by applying the provision for reasonable doubt, when applying Section 200 (1). The question bringing up the issue of reasonable doubt arises only when the trial is completed. In this case, the trial was not over. Further Mr. Weliamuna argued that there was overwhelming evidence to identify the accused and therefore the trial judge also erred on facts in this case.

Despite all these arguments on questions of law and facts in the case, the lawyer appearing for the respondent made the following arguments: (i) that since the Attorney General had not appealed against the acquittal, the victim/appellant is not entitled for an appeal. This argument was however opposed by the State Counsel representing the AG’s department who argued that the settled position in law of Sri Lanka is that the aggrieved party could appeal, subject to obtaining a leave to appeal from the court, about which this hearing was all about; (ii) that there is a discrepancy in the medical evidence, provided in the trial by two medical officers. This argument could also not be substantiated since the trial judge had already concluded that the act of torture has been committed upon the victim/appellant; and (iii) that the trial court’s application of Section 200 (1) in the case is right.

During the hearing, when the lawyer appearing for the victim/appellant was substantiating his arguments, the lawyer for the respondent came up with a rather strange argument it was not the police that tortured the victim/appellant, but Fr. Nandana Manatunga, the caretaker of the victim/appellant.

The lawyer was ignorant of the fact that Fr. Nandana only came to know the victim/appellant after the incident. During the trial, a witness mentioned Fr. Nandana’s name, while answering questions concerning where the victim/appellant is being cared for after his torture at the hands of the police. From this submission, it was clear to everyone related to this case, and to all who were attending the hearing that the respondent’s lawyer has neither studied the case, nor willing to maintain professional discipline in court.

The Asian Human Rights Commission (AHRC) is of the opinion that this statement against Fr. Nandana, a mere caregiver to the victim/appellant, post the crime, amounts to professional misconduct by the respondent’s lawyer. This lawyer also by the way is a Presidents’ Counsel and a Senior Lawyer in the country.

Professional privileges of lawyers to make statements in court do not include making false and defamatory statements against third parties who are not before the court. Fr. Nandana has informed that he felt shocked by this statement and affirmed that he will consult his lawyers on what action he could take against this senior lawyer who is unnecessarily making false accusations against him in the court.


The above details of a hearing that happened today at the Court of Appeal in Sri Lanka highlights the triviality into which the legal process have plummeted in Sri Lanka. The incident also brings to light how careless and malicious some lawyers are in this country.