Issue No. 123 February - April The police looking on while a man is seen grabbing a monk who is on a death fast demanding that retired General Sarath Fonseka be released from detention. Human Rights Review : February - April Institute of Human Rights 2 INSIDE THIS ISSUE: Editorial 3 Current issues : Election violence - democracy under threat - HR violence • US wants Sri Lanka to follow rule of land in Fonseka’s arrest 5 • Protest against death in police custody • A Special Police Unit To Protect The Good Name Of The 6 Rajapakses • Cut waste to avert major financial crisis – Wijedasa • Our Electoral Rubicon 7 • Special Panel on Sri Lanka uncalled for and unwarranted 8 • Lowest voter turn out ever 9 Freedom of Expression Denied • From Richard De Soysa to Ekneligoda : The Slide 10 • Mob attacks MBC 12 • Lawyers condemn attack on MBC/MTV 13 War Crimes • Pillay repeats call for probe 14 • JVP agrees with Miliband • On Democracy 15 THE LEGEND OF APRIL FOOL’S DAY Articles • Guarding Against Authoritarianism : NOTEBOOK OF A NOBODY 16 • Arrest and Detention of Gen. Fonseka - A Legal Perspective 18 by Sarath N. Silva LLM. PC. Retired Chief Justice Unit Reports 21 Education Unit 21 Legal Unit 22 Restoration & Protection Unit 23 Staff Information 24 Edited by Cover page pics by Leela Isaac Daily Mirror - 06 / 04 / 2010 Layout designed by Hashini Rajaratna Human Rights Review : February - April 2 Institute of Human Rights 3 EDITORIAL arge crowds rush to Jaffna every day. Some of those who fail to find lodging. The old platform is L them have never been there before. The 30 used as an open kitchen and toilet arrangements years war is over and thanks to president Rajapakse, have also been made. Communication too is not a (General Fonseka is already forgotten), they are now serious problem. Just as the Tamils in the South at last free to visit those territories the Tigers once have learnt Sinhala for their own survival; the Tamils claimed as theirs. They are eager to visit the many in the North too are learning Sinhala, perhaps to do places of worship including a few recently discovered business among the visitors from the south. ones. They are genuinely happy to be there, moving But the question we should be asking is from Nallur to Mavattapuram, Keerimalai, Na- whether this large influx of visitors to Jaffna will help gadeepa, Dambakola Pattuna and Kandarodai. in promoting peace and national reconciliation in our Dambakola Pattuna in Madagal is where war torn country. According to the G.A. Jaffna, this Theri Sangamitha is said to have landed with the sa- vast crowd visiting the North is something positive. cred Bo sapling. A new dagoba has been built there The people of the North and south can at least meet and a statue of bikkuni Sangamitha has been in- freely and begin to trust each other, which could stalled in December 2009, by the first lady herself. later lead to building bridges between the two com- Kandarodai where the mini dagobas are found has munities. Building trust should begin with people in- acquired a new Sinhala name. In all these places teracting with one another. At the moment one does- name boards and notices are found in Sinhala. n’t see this interaction taking place. One major bar- Therefore the visitors from the South feel very rier being, that though both parties know enough of homely and comfortable. The forces are every where each other’s language to order and serve food, to giving them a sense of security. The Keerimalai tank ask and give directions, it is not sufficient to share which is now being used as a swimming pool is also each other’s experiences, feelings, deep rooted fears, heavily guarded because it falls within the High Se- hopes and aspirations. That requires a deeper under- curity Zone. In fact there is a police post adjoining standing and one can only hope that this will happen one of the kovils. In Nallur and Nagadeepa people in the course of time. are not only free to worship but also to do a little There is also the question of different atti- shopping. The vendors who have put up their stalls tudes and respect for each other’s religious senti- in the Kovil vicinity and Nagadeepa are mainly Sin- ments. Nallur Kandasamy Kovil for example is halese and those who are not, speak in Sinhala any- treated with great reverence by the people of Jaffna. way, for the convenience of the buyers. Today vendors from the South have put up stalls in Accommodation is a problem. The three big the vicinity of the Kovil to sell trinkets, kotta kilangu hotels in Jaffna, we were told are being occupied by and hakuru. It creates hurt feelings among the Hin- the army and the police, Smaller hotels like Pillaiyar dus who will not enter the kovil without properly Inn are booked for months ahead. The cheap guest cleansing themselves, to see hundreds of visitors houses and lodges are also brimming with guests. coming there as sight seers. One cannot blame the Every week nearly four lakhs of people visit Jaffna it first time visitors but better awareness and under- is reported, while the whole population of Jaffna only standing of the feelings of the local people is neces- amounts to five lakhs. Some popular restaurants like sary, if reconciliation is to take place. “Cosy” put up their shutters by 6 or 7 p.m., unable The local people feel that suddenly too many to cope with the demand for food. But the people of Buddha statues and shrines are coming up close to Jaffna are making every possible effort to make the Kovils, Churches and Mosques. Recently when at- visitors comfortable. Even private homes are offering tempts were made to build a shrine under a Bo tree the extra rooms they have for a nominal amount, next to another place of worship, the people had in- like the KR Inn on Palaly Road, Thirunelvely. Even tervened and stopped it. One irate young woman the old Jaffna railway station is made available to (Continued on Page 04) Human Rights Review : February - April 3 Institute of Human Rights 4 EDITORIAL (Continue from Page 03) ders are now friendly with us, they even speak told us “wherever they see a Bo tree, they want to Tamil”. Others say, “We are afraid of the army. They build a shrine, I simply dislike these beautiful Bo come and question our young boys and girls who trees now”. Creating this kind of resentment would- have retuned from IDP camps. These young people n't be conducive to peace building. are not admirers of the LTTE. They feared the LTTE There has been a lot of senseless destruc- would drag them away from their homes and make tion. Apart from buildings and cemeteries that have them fight. Today they are happy there is no LTTE. been demolished, monuments of peace have also But the army suspects them and keeps harassing been wantonly broken like the one inside the Jaffna them. We spend sleepless nights because it is at University premises. The statue of Thileepan has night that they come.” Reconciliation cannot take been destroyed very recently. (Thileepan was the place in this tense environment. LTTE political wing leader when the IPKF was in There is no enthusiasm among the people of Jaffna. He started a fast and as his demands were the North about the general election. One senses a not met, died fasting). These destructions do not kind of apathy and indifference, but some feel people help in healing and peace building. will still vote. A few of them told us “we voted for Chatty beach is beautiful and no wonder visi- Gen. Sarath Fonseka because we wanted a change of tors flock there. There‘s plenty of space for merry government. But that did not happen, instead the making. Busloads of picnickers from the South can man who won the war for the country is locked up in be seen singing and dancing on the beach. Opposite prison today. We are simply shocked and cannot help the beach, on the other side of the road however, is thinking – If this could happen to Sarath Fonseka, a large cemetery that has been bulldozed. The bro- what's going to be our fate? Is there any point in ken tomb stones are found in heaps scattered over a voting?” large area. One sees life and death side by side. If these people are to live with dignity and Those who make merry on the beach cannot be con- self esteem in the land of their birth there has to be sidered insensitive because they may not even be power sharing at the periphery and at the centre. aware that they are facing a cemetery. A little Today federalism and devolution of power have be- awareness would help in understanding the feelings come dirty words. No political party in the South of the others. even talks about it. Building roads and army camps A lot of building material (from China) has in the North is not the solution to the problems of the been unloaded on either side of the road between Jaffna people. The causes that led to the 30 years of Murugandy and Mankulam. We stopped to ask one of war must be addressed at least now. the soldiers, whether there was a plan to build But as one newspaper columnist (MSM houses for the displaced. ‘No’ he said, it was China’s Ayub) points out “Though Perumal and most Tamil donation towards an army cantonment.