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Human Rights Accountability in Sri Lanka

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Human Rights Accountability in Sri Lanka HUMAN RIGHTS ACCOUNTABILITY IN SRI LANKA 8 1992 by Human Rights Watch All rights reserved Printed in the United States of America ISBN 1-56432-072-2 Library of Congress Catalog No. 92-72416 THE ASIA WATCH COMMITTEE The Asia Watch Committee was established in 1985 to monitor and promote in Asia observance of internationally recognized human rights. The chair is Jack Greenberg and the vice-chairs are Harriet Rabb and Orville Schell. Sidney Jones is Executive Director. Mike Jendrzejczyk is Washington Representative. Patricia Gossman and Robin Munro are Research Associates. Jeannine Guthrie and Vicki Shu are Associates. Therese Caouette, Dinah PoKempner and Mickey Spiegel are Consultants. HUMAN RIGHTS WATCH Human Rights Watch is composed of five Watch Committees: Africa Watch, Americas Watch, Asia Watch, Helsinki Watch and Middle East Watch. Executive Committee Robert L. Bernstein, Chair; Adrian DeWind, Vice-Chair; Roland Algrant, Lisa Anderson, Peter Bell, Alice Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Jonathan Fanton, Jack Greenberg, Alice H. Henkin, Stephen L. Kass, Marina P. Kaufman, Jeri Laber, Aryeh Neier, Bruce Rabb, Harriet Rabb, Kenneth Roth, Orville Schell, Gary Sick, Robert Wedgeworth. Staff Aryeh Neier, Executive Director; Kenneth Roth, Deputy Director; Holly Burkhalter, Washington Director; Ellen Lutz, California Director; Susan Osnos, Press Director; Jemera Rone, Counsel; Stephanie Steele, Operations Director; Dorothy Q. Thomas, Women's Rights Project Director; Joanna Weschler, Prison Project Director. Executive Directors Africa Watch Americas Watch Asia Watch Rakiya Omaar Juan Méndez Sidney Jones Helsinki Watch Middle East Watch Fund for Free Expression Jeri Laber Andrew Whitley Gara LaMarche ACKNOWLEDGEMENTS ............................................................................................................................................................................................... i I. ACCOUNTABILITY AND ITS IMPORTANCE ...................................................................................................................................................... 1 II. THE CURRENT HUMAN RIGHTS CONTEXT .................................................................................................................................................... 6 III. RECENT INSTITUTIONAL REFORMS .............................................................................................................................................................. 14 Break with Earlier Efforts.................................................................................................................................................................. 15 The New Agencies................................................................................................................................................................................. 16 The Special Task Force on Human Rights (The Officials' Committee) (16); The Human Rights Task Force (17); The Presidential Commission of Inquiry into the Involuntary Removal of Persons (19); The Kokkadicholai Commission (21); Presidential Commission of Inquiry into the Incident Alleged to have Occurred on the Palampiddi-Iranai Iluppaikulam- Vavuniya Road, on 3rd May 1991 (The MSF incident)(23); The Proposed Human Rights Commission (24) Conclusion.................................................................................................................................................................................................................. 24 IV. RESTRICTIONS ON EFFECTIVE HUMAN RIGHTS PROTECTION ......................................................................................................... 25 Redress Through the Supreme Court ...................................................................................................................................... 25 Intimidation and Harassment of Human Rights Petitioners...................................................................................... 26 Five Fundamental Rights Cases against the Homagama Police (26); The Case of Seetha Weerakoon (28) Access to the Court System........................................................................................................................................................... 29 Persecution of Lawyers.................................................................................................................................................................... 30 Establishing Accountability for Abuses .................................................................................................................................. 31 Failure to Arrest or Charge Security Personnel................................................................................................................. 35 Retaliatory Action Taken Against Successful Petitioners.......................................................................................... 36 The Continuance of the Prevention of Terrorism Act, the Emergency Regulations and other Restrictive Legislation.................................................................................................................. 38 Conclusion............................................................................................................................................................................................... 40 V. FREEDOM OF EXPRESSION................................................................................................................................................................................. 42 The LTTE and Restrictions on Freedom of Expression.................................................................................................... 48 VI. CONCLUSIONS ...................................................................................................................................................................................................... 50 APPENDIX I - Mechanisms Set Up By The Government Of Sri Lanka To Protect Human Rights.................................... 51 I. The Commission for Elimination of Discrimination and Monitoring of Fundamental Rights.............. 51 II. The Special Task Force on Human Rights or The Officials' Committee.......................................................... 54 III. Human Rights Task Force (HRTF):......................................................................................................................................... 55 IV. The Presidential Commission of Inquiry into the Involuntary Removal of Persons .......................................................................................................................................................... 57 V. Civilian Information Centers.................................................................................................................................................... 59 VI. Mobile Legal Offices..................................................................................................................................................................... 59 VII. The Committee to Process, Classify and Recommend Rehabilitation and Release of Suspects/Surrenderees (The Jayalath Committee).................................................................................... 60 VIII. The Independent Surrender Committee...................................................................................................................... 62 IX. Kokkadicholai Commission .................................................................................................................................................... 66 X. Proposed Human Rights Commission................................................................................................................................ 69 XI. The Organisation for the Protection of Human Rights Through Law Enforcement Agencies (ORPTLEA)............................................................................................................................................................ 71 XII. Committee to Probe the Arrest of Students................................................................................................................... 73 XIII. Presidential Commission on Youth Unrest.................................................................................................................. 74 XIV. Ombudsman.................................................................................................................................................................................... 75 APPENDIX II - Civil Rights Movement of Sri Lanka, The Inaccessibility of Emergency Regulations........................ 76 4 ACKNOWLEDGEMENTS This report is based on a mission undertaken by Associate Professor Patricia Hyndman of the Law School, University of New South Wales, Sydney, Australia, and Associate Professor of Political Science Barnett Rubin, of the Southern Asian Institute, Columbia University. It was written by Professor Hyndman and by Jeannine Guthrie, Asia Watch Associate, and edited by Sidney Jones, executive director of Asia Watch. The information here is based on interviews conducted during the mission, and on printed material and other information made available to the Asia Watch office and to the members of the mission. I. ACCOUNTABILITY AND ITS IMPORTANCE "Impunity is perhaps the single most important factor contributing to the phenomenon of disappearance. Perpetrators
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