Issue No. 139 April - June 2013

There are growing tensions in northern as Tamil people try to prevent the Sinhalese-dominated army from taking over their land. -Charles Haviland-BBC

Human Rights Review : April - June Institute of Human Rights 2 INSIDE THIS ISSUE:

Editorial 03

Current issues : Is a political solution necessary? ♦ 19th Amendment twin-pronged 05 ♦ President should stand by his assurances

Media Freedom ♦ office attacked 08 ♦ If Media are suppressed, Democracy will die 09

Situation in the North & East ♦ Concerns Over Northern Land Grab 10 ♦ Tension over army 'seizure' of Sri Lanka land

Rotten, Corrupt & Inefficient this regime could last for ever ♦ A tragedy that could have been avoided 13 ♦ Railway crossings need not be death traps 14 ♦ Electricity hikes ♦ Matale Graves 15 ♦ University unrest 17 ♦ Charges revealed 18 ♦ The Azad Salley Affair 19

Our moment of destiny ♦ A voice of Sanity 19 ♦ A Case for Best Legal Brains 20

Death in Police Custody ♦ A Disturbing Trend Of Police Brutality 21 ♦ An ordeal hard to forget 22

Defying the International Community ♦ US Questions Govt. 23 Articles : ♦ The Forthcoming Anarchy - Diluting the 13th Amendment 29 ♦ Burning of the Jaffna Library 30

Unit Reports : Education Unit 26 Rehabilitation Unit 27

Staff Information 28 Edited by Layout designed by Cover Page Pictures Leela Isaac Hashini Rajaratna - 27/05/2013

Human Rights Review : April - June 2 Institute of Human Rights EDITORIAL 3 THE NEED TO EDUCATE THE PEOPLE

“Educate and inform the whole mass of the people. They are the only sure reliance for the preservation of our liberty”. Thomas Jefferson, the Third President of the United State of America.

Those who believed that permanent peace had dawned in Sri Lanka with the government’s victory over the LTTE, now realise that the real problem is the ethnic conflict and until that is resolved there can be no per- manent peace. The LTTE was only a symptom, not the disease.

Some believe that through constitutional changes it is still possible for a multiethnic, multilingual, multire- ligious, multicultural Sri Lanka to evolve where all its citizens could live with dignity, enjoying equal rights. Some day an enlightened leader might emerge and rebuild such a united Sri Lanka regaining the lost para- dise. But that’s a long way off. At present there seem to be many reasons why the ethnic conflict cannot be resolved through a political solution, based on power sharing.

Today’s leaders fear sharing power with the minorities. It seems to spring from a sense of insecurity and distrust. Although it is not openly expressed, it is evident in some of the comments they make. For instance Mahinda Rajapakse himself is reported to have said recently at a cabinet meeting, referring to the Muslim led Eastern provincial council and the issue of the constitutional amendment, “I know what is happening. They are raising anti Sinhala cries. They are creating hatred. As long as I am there, I will not allow anything to happen. I am doing this for the sake of the future generation and not for my own benefit” (, June 18, 2013) Gotabhaya Rajapakse, the Defense Secretary also shares the same fear. According to Hardip Puri, Indian diplomat, who at the time of signing the Indo Lanka Accord in 1987, was the political secretary at the Indian High Commission in Colombo, Gotabhaya Rajapaksa is supposed to have said on March 27, 2013, “Could we afford to have a provincial council administration here, which pointed a gun at the national leadership at the drop of a hat? We don’t want to be at the mercy of a scheming provincial ad- ministration” (Ceylon Today, June 19 2013). But seven provincial councils, all Sinhalese, have existed for nearly twenty seven years and no one has so far pointed a gun at the national leadership. So obviously his fear is of the North and East where the majority are Tamils and Muslims.

Since the leaders of the present regime do not want to share power with the minorities, they can convince the Sinhala majority that it is dangerous to do so. Among the Sri Lankan voters in the South, there isn’t much political awareness. For instance, when the notorious 18th Amendment was passed there were unend- ing rows of people standing by the roadsides cheering the President, who was now virtually crowned a king with limitless power. They never realized that they were digging their own graves and today they may not be aware how the 18th Amendment has affected us. Even the Left political parties have not been very keen on educating the masses politically. Therefore it is very easy for this regime to manipulate the people and get their votes, if they were to go for a referendum on sharing power with the minorities. From the South it would be a definite – No. According to an online poll conducted by the ‘, 53% of the people sup- port the abolition of the provincial councils and another telephone survey conducted by a radio channel re- veals that 61% of the people oppose power sharing.

Government politicians will also use stories form the past, specially the Mahavamsa, to convince the people that they alone can prevent the re-emergence of the LTTE and protect the country from international ter- rorism. To the majority of Sinhalese Mahinda is the modern day Dutugamunu who saved this country for the Sinhala race from the Tamil terrorists. According to the great chronicle Mahavamsa, brave King Dutu- gamunu who defeated the Damilas and ruled over Lanka in single sovereignty lived about 2112 years ago. But even today the name Dutugamunu spells magic. It is one sure way of uniting all the Sinhalese against any perceived threat to Sri Lanka’s sovereignty. Sharing power with the minorities, in the form of Provincial Councils in the North and East would be portrayed as one such threat. Continue on page 04

Human Rights Review : April - June 3 Institute of Human Rights EDITORIAL 4

Continue from page 03 In this context it is heartening to read certain articles and editorials in the fairly independent English news- papers. One editorial had this to say;”The war victory did not render any party, the regime or other groups, the carte blanche to take away even the meager rights that have been granted to the Tamils by way of the 13th Amendment or by tradition and convention. Treating the Northern Tamils as equal partners in the same family of Sri Lankans is no sin, nor is it a betrayal of the Sinhala race. Treating Tamils as equal part- ners in all social, cultural, economic and political ventures is the right thing to do. To do that simple deed, one needs a big mind and even a bigger heart.”(Ceylon Today, June 23, 2013) It is obvious that no such leader can be found among those in power today to carry this message to the people.

Any political leader who sincerely attempts to bring about a political solution must first convince the Sin- halese majority that it is not ‘dangerous’ to grant equal rights to the Tamils. This can be done only by rais- ing awareness among the Sinhalese people. But that seems impossible because those who hold power to- day, the leaders themselves, fear treating the Tamils as equals. In their view the Tamil politicians, the Tamil people and even their religious headers like Bishop Rayappu are all potential terrorists, who will turn the gun on the Sinhalese if they are allowed to win the Northern Provincial Council elections. The President, the Defence Secretary, the JHU, Wimal Weerawansa and some of the Buddhist monks are all of this same mind set. In the past there were a few leaders who made genuine attempts to solve the ethnic problem through power sharing, like S. W. R. D. Bandaranaike, Dudly Senanayake, President Premadasa and Presi- dent Chandrika Bandaranaike. They failed because the majority of Sinhalese did not support them and this even before Tamil terrorism raised its head.

Therefore the most important task today is to convince the Sinhalese people, of the need to share power with the minorities. Since those in power are against it, it is left to the opposition to educate the people, and make them realise the dangers involved in denying the minorities equal rights and antagonizing India, the UN and the international community. Do we want the Tamils to wage another war demanding equal rights? In a recent TV Talk show, a Tamil politician was provoked to ask – why can’t we have a Provincial Council in the North even now, when you have had them for the last 26 years? Why can’t you grant us the same rights that you enjoy in the South? Are we not citizens of this Country? If the Tamils do wage a war, can we afford to kill off another 40 thousand in Mullivaikal?

The leader of the opposition should be going round the country educating the Sinhalese people on this im- portant matter. But he seems to be too busy planning what punishment he should mete out to his party members who disobey him. Having already expelled 20 popular members form the party, he doesn’t seem to have any intentions of seriously fighting this regime, while appearing to do so. Therefore someone else has to give leadership to the opposing forces. But who?

Will the Left leaders , civil society organizations, eminent academics, professionals, intellectuals and ra- tional human beings all get together and lead this country towards peace, avoiding another civil war? It would be a very difficult task to mobilize the people in favour of a political solution based on power sharing. Some years ago we had many men and women of integrity who stood up for justice and fair play. But today many of them are basking in the warmth of Mahinda Chinthanaya, having sold their souls for material benefits. They may not want to displease their masters by joining such a movement for change. Even a minister like Rajitha Senarathne who is openly promoting power sharing as a solution to the problem is very cautious, in a recent interview (Ceylon Today June 23, 2013) directing his criticism at the smaller coa- litions partners that oppose power sharing but protecting the President. At any cost to , these ministers and parliamentarians would vote against the 13th Amendment and power sharing, if the President orders them to do so - just as they did when the 18th Amendment was passed. And under this regime they know there will be no change and without a change history will repeat itself.

“To deny people their human rights is to challenge their very humanity” Nelson Mandela.

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The view from the top : The 30 year civil war is over. The LTTE terrorist have been destroyed. There is no ethnic problem now. Therefore there is no need for a political solution or the 13th Amendment.

resident Mahinda Raja- legislation. time could take away any or all P paksa had in a sudden 2) Repeal Article 154(A)(3) powers vested in the PCs by move initiated action to present which allows Parliament to pro- passing legislation with a simple an urgent bill in Parliament to vide for two or three adjoining majority”. amend the Constitution regard- provinces to form one adminis- President Rajapaksa ing the substance and unit of trative unit. convened a meeting of all politi- devolution. The proposed cal party leaders in the gov- ed The draft bill termed as n-prong ernment on Tuesday, June 4, the 19th Constitutional ent twi 2013 where the issue of the mendm amendment was twin 19th A amend- 19th Constitutional amendment pronged and proposed ment was criticised vehe- was discussed. Apparently there to - mently by proponents of devolu- was no dissent among the party 1)Remove the safeguards in Ar- tion such as the Centre for Policy leaders represented in the govt ticle 154(G)(3) of the constitu- Alternatives (CPA) who argued though a few had wanted a little tion to permit the centre to pass that this move would “render more time to study the proposal legislation in relation to subjects the Thirteenth Amendment and make suggestions if neces- in the Provincial Council List by a worthless as a mechanism to sary. simple majority provided that a devolve legislative power, as the majority of PCs agree to the said central government at any given -Sunday Leader- 09/06/2013 President should stand by his assurances

Following are excerpts from an making changes and meddling with the amend- interview given by Veerasingham ment, we should explore ways and means of how Anandasanagree to Ananth best to enhance the aspects in the amendment. Palakidnar Soon after the end of war, President Mahinda Raja- Q: What are your views on the 13A? paksa assured the leaders of the international com- A: The 13 A is a commitment between India and munity, including India, he would go for a solution Sri Lanka to bring all stakeholders in the Sri Lankan based on the 13 A. The President should stand by crisis together and create a conducive climate to what he assured and harness the good efforts made address the political aspirations of the people in the in the direction of finding a solution. North and East. It was only a basis for a durable We should remember that in 1947, when solution and was not considered a permanent solu- the Soulbury Constitution was introduced, the tion. With the 13 A, the call for a separate State Tamils in the State Council voted for it. If one was given up and the process was introduced for member had voted against it, the integrity of the greater devolution, with the merger of the Northern country would have been in peril at that time. The and Eastern Provinces. Despite claims by certain then Prime Minister, D.S. Senanayake, thanking the politicians in the South, the 13 A was not aimed at Tamils said the Sinhalese will never let down the separating the country. It only gives guidelines for Tamils. I would like to remind the Southern politi- devolution of powers. cians, who are opposed to devolving powers to ex- tend their support to fulfil the political aspirations of Q: The government has put forward a Cabinet pa- the minorities, instead of spoiling every effort taken per aimed at bringing changes to the amendment. to settle the ethnic question. What do you think about that? A: I personally feel this is unwanted. Instead of -Ceylon Today - 09/06/2013

Human Rights Review : April - June 5 Institute of Human Rights CURRENT ISSUES 6 adopting the proposed urgent Bill CPA on proposed Constitutional Amendment procedure. Perturbed by Govt. planning to amend 13 A Amendments to the Thirteenth Amendment Several media organizations reported this morning CPA has repeatedly critiqued the Thirteenth that the government is to propose amendments to Amendment as being inadequate in devolving several provisions of the Thirteenth Amendment power to the provinces. The Thirteenth Amendment and that these amendments will be introduced in is replete with provisions which weigh the balance the form of an urgent Bill. The proposed amend- of power in favour of the Centre. Considering the ment, reportedly includes: weaknesses of the Thirteenth Amendment, all sub- • Removing the safeguards in Article 154(G) (3) of sequent power-sharing proposals – from the Man- the Constitution to permit the Centre to pass legis- gala Moonesinghe Committee proposals to the Ma- lation in relation to subjects in the Provincial Coun- jority Report of the All Party Representatives Com- cil List by a simple majority provided that a major- mittee – in initiatives under successive govern- ity of Provincial Councils (PCs) agree to the said ments, have reiterated the need to move beyond legislation. the provisions of the Thirteenth Amendment. • Repeal Article 154(A) (3) which allows Parlia- Article 154(G)(3) is a safeguard built into ment to provide for two or three adjoining prov- the provisions of the Constitution to prevent the inces to form one administrative unit. Central Government from legislating on subjects • In these circumstances, CPA is compelled to raise allocated to the PCs, without first obtaining the the following concerns in relation to the proposed consent of all PCs. In the event where one or more amendments as indicated by several news reports: PCs does/do not consent to a proposed Bill, the Process of Constitutional Amendment Central Government has the option to either pass A Constitution derives the moral authority to bind the Bill by a simple majority, in which event the Bill all citizens only if it is a result of a consultative will become law applicable only to the provinces for process which takes into consideration all perspec- which the PCs agreed to the Bill, or to do so by a tives in a plural society. The proposed amendments two-thirds majority in which case the Bill will be- have far reaching implications both in terms of pre- come law applicable to the entire country. Remov- serving democratic values and achieving post-war ing this safeguard will render the Thirteenth reconciliation. As such, it is highly disconcerting Amendment worthless as a mechanism to devolve that the proposed amendment is a result of a proc- legislative power, as the Central Government at ess that was shrouded in secrecy and only limited any given time could take away any or all powers to some constituent elements of the UPFA Govern- vested in the PCs by passing legislation with a sim- ment. CPA has critiqued the lack of transparency ple majority. and public participation in the law making process – This unilateral act by the government to the process that formulates Constitutional Amend- completely negate the existing devolutionary ments and broad sweeping legislation –since its framework would be an historical mistake. The spe- inception. However, despite promises– including cific proposals to amend the Thirteenth Amendment the proposals of the present government in terms betray the government's inability to comprehend of its 'National Human Rights Action Plan' – succes- the historical roots of the ethnic conflict in Sri sive governments have exploited these deficiencies Lanka, and its inability to learn lessons from similar in the law-making process and have not demon- mistakes made by past governments. Moreover it strated any willingness to remedy these failings. casts serious aspersions on the government's good The incumbent government has repeatedly faith in formulating a political solution acceptable to adopted the process of classifying Constitutional all communities. The Thirteenth Amendment– being Amendments as 'urgent Bills' and thereby further part of the existing Constitution that must be fully limited the existing space for public debate and ju- implemented – represents the absolute minimum dicial scrutiny. Considering the serious and irre- basis on which a process of constitutional negotia- versible impact the present amendment would have tions towards a new power-sharing settlement may on the post-war reconciliation process, CPA be initiated, in order to effect the transition in Sri strongly urges the government that in the event it Lanka from the post-war to a post-conflict phase. does propose legislation amending the Thirteenth Amendment to the Constitution, it desists from -Ceylon Today - 10/06/2013

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I am prepared to compromise! us, and the right to govern our civil, political, eco- nomic, social and cultural affairs ourselves is a rea- Excerpts from an interview given by sonable demand. It is a just aspiration; an aspira- R. Sampanthan to Ayesha Zuhair tion that has its roots in history; it is even a funda- mental right of our people. The solution we propose There have been some religious places which have for the achievement of our political aspiration will been desecrated. Some cultural places which have not undermine the sovereignty of another people. It been just taken over and this has caused much hurt does not hide a devious agenda seeking to divide to our people. A lot of land is being occupied by the the country. It does not seek to damage the inter- armed forces. ests of another country. We appeal to you to under- stand the fundamental issue which is that just as We have offered to be involved in development you live in this country, in your traditional home- work. I have written to the President and spoken to land, using the authority due to you, we too want to him. I have nominated persons to be in develop- live in this country, in our traditional homeland with ment processes for every district. Why aren’t we the authority due to us. You must thus reject poli- involved? We are democratically elected representa- cies that instigate ethnic division and hatred for the tives and we are being kept out. Is it because the sake of personal political gain, understand and rec- government feels if we are involved, that their ulte- ognise the reasonable political aspirations of the rior objectives will be resisted or will become public? Tamil people, embrace them as brothers, and come forth to live in harmony in a united Sri Lanka.” I have told the President that the international com- munity will be much more helpful in making funds I have stated that any political solution must be ac- available if we are involved. We can get the Dias- ceptable to the Muslims - even the question of a pora fully involved. They will have the confidence merger, which we have discussed with Ashraff. You and will come in. Today, because certain countries can’t force things on people. Just like the Sinhalese and certain international organisations are funding can’t force anything on us, the Tamils can’t force to a great extent some things are happening. But anything on the Muslims. The Muslims must be in a much more can happen with our involvement. position to fulfil their civil, political, economic, cul- tural and social aspirations. Any solution must pro- In my speech, I made an appeal to the Sinhala peo- vide for that, and that cannot be within a separate ple: state. “Our political aspiration to acquire the rights due to -Daily mirror -

Combined results of last poll…….

The government should abolish the 13th Amend- ment to the Constitution

1. Yes - 53.1% 2. No - 36.3% 3. Should amend some provisions - 10.3%

-Daily Mirror - -Daily Mirror - 17/06/2013

Human Rights Review : April - June 7 Institute of Human Rights CURRENT ISSUES 8

Uthayan office attacked uring the National New Year when the Sinhala and Tamil D communities came together for festivities of deep unity in The Kilinochchi circulation office of the diversity it was sad to hear of yet another attack on the Jaffna- Tamil newspaper, Uthayan, was attached based Tamil newspaper ‘Uthayan’. This attack, the 16th since around 5.00 a.m. yesterday, by a group 2006, on the leading Tamil newspaper in the North was a clear of seven unidentified persons. sign of the lawlessness or total breakdown of the rule of law in

the country and the government’s failure to turn the LTTE de- Branch Manager, A. Ponraja, was seri- feat into lasting peace, reconciliation and justice for the people ously injured in the attack, while two de- in the Northern and Eastern Provinces. The attack on the Utha- livery personnel received minor injuries. The branch manager underwent surgery yan was the second in two weeks after the newspaper’s Kili- at the Kilinochchi Hospital. nochchi office was attacked on April 3 by masked assailants. A crude and blatant government propagandist in the state media The attackers still remain unknown as tried to imply or deceive the people that the attacks were inside they were masked, Premananth added. jobs intended to gain publicity for the newspaper and discredit the government. This was similar to the 2009 attack on the By Sithra Pathirana Sirasa MTV office in Pannipitiya, two days after the TV station -Ceylon Today - 04/04/2013 made an official complaint to the police that it had received reliable information of an attack on the TV station. As usual the Police Chief assigned several special teams which went here, there and eventually nowhere until the attack took place. If that was bad enough what followed was worse and scandalous. Government propaganda or- gans first implied that it was a publicity stunt by the TV station. They then concocted some stories about UNP parliamentarian Ravi Karunanayake’s supporters carrying out the attack for some personal reasons. Whatever happened, the special police teams have made little or no progress in finding the political ghosts who carried out the attack. On Tuesday the Sirasa MTV group complained to the Kompannaveediya police saying they had information of a group of thugs planning to attack the TV station and the journalists be- cause of a particular story highlighted by the station last week. -Editorial -Daily Mirror - 19/04/2013

Some of the incidents faced by Uthayan

23.08.2005: Hand grenade thrown at the Colombo the wall and walk up straight to our Editorial floor. Uthayan advertisement office at Wellawatta. 29.04.2007: S. Rajvaraman, a Staff Reporter shot 02.05.2006: Two employees shot inside the office, dead while on his way for duty to the office in the 2 maimed and several others injured. Electronic, morning. electrical and office equipment damaged. 06.01.2008: An anonymous telephone caller from 11.08.2006: Divisional reporters threatened not to Kayts orders in rough voice that publication of the give news stories. Uthayan be stopped immediately (i.e. 7th January). 15.08.2006: Newspaper driver shot dead while 26.02.2009: Editor Uthayan/Sudar Oli was kid- distributing newspapers to agents. napped/arrested while he was at a funeral house by 18.08.2006: Main stores and stock of newsprint an armed Identified white van gang and was de- fully burnt. tained in Police custody and was released after 02 10.09.2006: Several gunmen enter the Uthayan months. premises (during the curfew hours) jumping over Continue on page 09

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Continue from page 08 27.12.2012: Uthayan Editor Mr. T. Premanath as- 24.03.2009: At 11.10 p.m. an unidentified crowd saulted by an army officer, when a group of army hurls a grenade at the apartment of the Chief Edi- persons entered the Jaffna University premises to tor within Uthayan premises. He narrowly escapes prevent students from lighting lamps in memory of the attack without injuries, but the Police Guard the deceased Tamil people in the war. He is hospi- who was on duty is badly injured. talized for 2 days. 04.02.2010: Uthayan, Sudar Oli Editor Mr. N. 10.01.2013: Uthayan newspaper delivery em- Vithyatharan threatened by Kishore Sivanathan ployee N. Pratheepan (30 years old), is waylaid and M.P. attacked by some unidentified mask wearing men. 28.05.2011: Uthayan Reporter Mr. S. Kavitharan, He manages to escape. Having failed the assailants assaulted at about 6.30am on his way to office by set fire to the newspaper bundles he was carrying four unidentified persons. This occurred in close and to his motorcycle. proximity to the Jaffna Hindu College Playgrounds. -Sunday Leader - 07/04/2013

If Media are suppressed, Democracy will die ciary has been attacked in sub- tle ways from inside and out- side, culminating with the illegal istory has shown us clearly that the four pil- and widely-condemned impeachment of Chief Jus- H lars of a genuine democracy are a people tice 43 Shirani Bandaranayake in January this year. friendly executive, legislature comprising elected Now we come to the last of the crumbling representatives who are servants of the people and pillars—the free media. Over the past few decades work for the common good of all, an independent the government has controlled a large section of judiciary and a free media. the media and these state media institutions today After the imposition of the 18th Amend- violate virtually all the principles of fair, accurate ment which the Rajapaksa regime pushed through and balanced reporting or feature writing. Only a with a 2/3 majority not obtained from the people few sections of the media sincerely try to maintain but patched up by offers of power, wealth, perks the principles of independent journalism but they and privileges, the executive presidency appears to too are under direct or indirect pressure and be more connected to dictatorial trends than de- threats or intimidation and thuggary. mocratic traditions. The legislature, which till 1977 It is in such a dictatorial mess that the gov- had the power to topple governments and had total ernment is trying to impose a code of ethics for financial control over everything including the journalists with the powerful parliamentarian Sajin presidency, has been reduced to a rubber stamp or Vas Gunawardena even proposing that the draco- a talking shop from where a big noise is heard but nian criminal defamation law be re-imposed. little is done by way of walking the talk. -Editorial Over the past the independence of the judi- -Daily Mirror - 10/06/2013

Ceylon Today - 07/06/2013

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Concerns Over Northern Land Grab amongst the thousands of displaced people living in camps in over 24 villages. They are now going oncerns have been raised over government’s to lose their lands forever. C move to acquire over 6381 acres of private land in the Jaffna peninsula. The National Peace Council notes that shortly after the end of the war in May 2009 the The National Peace Council says it appears government promised to resettle the hundreds of to be a hurried plan of the government to acquire thousands of displaced persons in their native vil- large extent of land prior to the establishment of a lages. This necessarily implied that private land legitimate and elected civilian administration for would be restored to their rightful owners. This was the formerly war-stricken Northern Province. one of the recommendations in the government- appointed Lessons Learnt and Reconciliation Com- “There is concern in the Northern polity mission as well. that the purpose of the land acquisition is to change the demographic with registering outside “The general practice in the country is that settlers on the Northern electoral lists. In Kokilai, when the government wishes to take over large Mullaitivu and adjoining Vannankulam, Uradikulam, tracts of land for a public purpose it discusses the Thaddamalaikkulam, Pannaiyandaukulam, Ak- matter with the affected population and with their karaivelli, Vathamadu, Kamankulam, Amayankulam political representatives, and gives the necessary villages, about 3000 families are being settled ac- time for legal objections. We also note that the cording to the media reports,” the National Peace government is doing completely opposite of the Council said. LLRC recommendations,” the National Peace Coun- It says the government’s land grab from the war- cil said. affected people has caused agitation and panic -Sunday Leader - 12/05/2013

Tension over army 'seizure' of Sri Lanka Jaffna land

There are growing tensions in northern Sri Lanka as Tamil people try to prevent the Sinhalese- dominated army from taking over their land.

In a new development, villagers have driven out a group of surveyors sent by the authorities. Thousands more are engaged in court action to try to win back land they were displaced from years ago. Sri Lanka's army defeated separatist Tamil Tiger rebels after a brutal 26-year war in 2009.

The military says it needs land for security purposes and insists it is reducing its overall presence there. Opposition parliamentarian and lawyer MA Sumanthiran confirmed reports from Point Pedro, at the island's northernmost tip, that dozens of landowners turned away surveyors sent by the government to inspect land earmarked for a new army barracks.

Land in post-war northern Sri Lanka is a highly contentious issue, pitting local Tamil people against the al- most entirely Sinhalese army. -By Charles Haviland-

-BBC News, Colombo

Human Rights Review : April - June 10 Institute of Human Rights CURRENT ISSUES 11 6400 Acres of Private Lands Belonging to Tamil People in Valikamam North to be Acquired by Govt for Military Cantonments

ast week saw a hugely dangerous move by and October 2011. However, no efforts have been L the government. Section 2 notices under the made to address the issue, and such land grabs Land Acquisition Act were pasted on trees in Valika- have continued unabated to date. mam North in the Jaffna Peninsula indicating that In 2006, the Supreme Court of Sri Lanka an extent of approximately 6,400 acres of private decreed in an order that displaced people should be lands belonging to several thousand Tamil people resettled. Further, President MahindaRajapaksa would be acquired for Military cantonments. undertook to resettle all those displaced by the war Strangley, the notice says that the by the end of 2009, in his joint communique with claimants are not traceable! The owners of the UN Secretary General Ban Ki Moon on 26th May these lands live just outside the so called ille- 2009. Subsequent to this, several other cases have gal High Security Zone, in camps maintained also been filed in the Supreme Court challenging by the government itself. They have lived the military occupation of land in both the North there for over 25 years. And although their and the East. All of this however, has done nothing title to these lands were checked and cleared to arrest such land grabs. by a Committee appointed by the Supreme Such land grabs have taken place in vari- Court in 2006, they were not permitted to go ous places in the North including Jaffna, Mullaitivu, and resettle on the false assertion that de- Mannar, Vavuniya and Killinochchi. Military person- mining was not complete. nel in the North are now putting up notices on the That it is false is demonstrated by the sight lands that they intend to ‘acquire’. Most of this land of soldiers cultivating these lands from which the belongs to private individuals, who hold valid deeds owners were kept away. Now suddenly, the govern- granting them legal ownership of the lands in ques- ment has shown its true face: these lands will be tion. Other incidents of land acquisition by the mili- taken and given to others to occupy, who will be- tary, Buddhist monks and Sinhala civil officials also come voters in the North. Similar notices have took place in the East in recent weeks. The acquisi- been issued in the KilinochchiDistrct also. In the tion of such a vast amount of private properties is Eastern Province, instructions have gone out to ac- said to be for ‘military purposes’. The need for the quire all the land that the military deems necessary military to acquire such vast amounts of land is for its purposes. unknown. Issues relating to land have always been at Reconciliation will not come if the Tamil the centre of the national question. In the past, people in the North and East see those of other misuse of land powers by the state resulted in vio- communities take over their land and their liveli- lence and the worsening of ethnic relations be- hoods while they languish with no roof over their tween communities. Despite having ‘won the war’ heads. This can only push reconciliation further however, the Sri Lankan government seems to be away. reluctant to learn lessons from this history in order These land grabs by the military, together to win the peace. with activities relating to colonization of the North Alarmingly, the history of land grabs seems and East are part of the attacks on the democratic to be repeating itself. People of the North and East, rights of the Tamil People in the North and East. who according to the government were rescued by These attacks are clearly carried out with the active the military in a ‘humanitarian operation’ find their support, sanction and collusion of the Sri Lankan lands and with it their livelihoods, way of life, and government. They are part of the many vain and birthright snatched from them by the selfsame mili- counterproductive attempts to suppress and perse- tary. cute Tamils for their political aspirations. The issue of land grabs by the military in -By M.A.Sumanthiran M.P the North and East is one that that has been con- tinuously raised by the Tamil National Alliance from “The administration of justice is the as far back as 2009, soon after the end of the war. firmest pillar of government” I myself have raised the issue repeatedly, including George Washington in status reports I tabled in Parliament in July 2011

Human Rights Review : April - June 11 Institute of Human Rights CURRENT ISSUES 12

IDPs defy warning comprising protestors and went in proces- mostly inter- sion along KKS road in Tellipalai. affna District Parliamentar- nally displaced persons (IDP) At one stage police officers pre- J ian and Tamil National Alli- from Valikamam, defying police vented the protestors from pro- ance (TNA) Spokesperson, barricades and warnings, staged ceeding, and warned Suresh Suresh K. Premachandran, said a mass protest opposite the Premachandran he would be ar- he is prepared to be taken into Tellipalai District Secretariat, rested if he continued to go custody, if the authorities so yesterday. ahead with the procession. decide. He was participating at a Hundreds of police per- Responding to the police mass protest against the alleged sonnel were at the scene with officers, Premachandran said he acquisition of 6,000 acres of land barricades put across the KKS would not mind being arrested belonging to the people of the road to prevent the protestors for a just cause, and challenged North and East of Valikamam, in staging a protest march. How- the policemen to arrest him if the Peninsula. ever, despite police warnings, they felt they could do so. Thousands of people, the TNA Parliamentarians led the -Ceylon Today - 30/04/2013

Checking Again At Elephant Pass these random checks are being carried out purely for the safety of the people and for no he Security Forces have resumed security other reason,” he said. T checks at Elephant pass since last week. There is speculation that the Army has re- It is believed that the Army has commenced these commenced the security checks at Elephant Pass security checks at the Elephant Pass road block, due to the attacks on the Uthayan newspaper, and subsequent to the repeated attacks on the Uthayan to curtail the free movement of disruptive elements newspaper in Jaffna recently. Military spokesman that cause damage to property and civilians. How- Brigadier Ruwan Wanigasooriya however told The ever the Uthayan newspaper itself reports that Sunday Leader that these were random security buses, tourist vehicles and all passengers travelling checks that were being carried out for the safety of from Jaffna on the A9 road are under surveillance the civilians. at the Elephant Pass check point. “This road block has been in existence but -By Camelia Nathaniel regular checking had not been done. However -Sunday Leader - 21/04/2013

It is a moral document where to be found. Ask the basic question: What is reconcilia- he UNHRC resolution has laid down several tion to Ms Suautharan and the families, including T substantial issues, which form the basis of the Catholic priest, without the information related human rights violations committed and continuing to those who have disappeared? These people sur- in Sri Lanka. There is no doubt that post-war chal- rendered to the Sri Lanka Army. The number is 59. lenges facing Sri Lanka are linked to reconciliation This is an eyewitness account. It is not fabricated and accountability. by the NGOs. For example, Ms Suautharan and several What is reconciliation to Dr. Manoharan, others have given evidence before the LLRC, that who wants those who murdered his son be named 59 persons, who were known LTTE cadres, surren- as the perpetrators? It has taken so many years for dered, in a move that was negotiated by a Catholic the authorities to inform us that a non-summary priest. We all heard through the media how the proceeding is in progress. What is this administra- Government of Sri Lanka requested former LTTEers tion of justice? to surrender. In a war situation, normally, we The resolution therefore is a moral docu- would consider surrendees as prisoners of war, as ment, which should challenge the people of Sri per international conventions. However, to date, Lanka. the families have not received any information from By Nimalka Fernando their loved ones. The Catholic priest is also no- -Ceylon Today - 01/04/2013

Human Rights Review : April - June 12 Institute of Human Rights CURRENT ISSUES 13

A tragedy that could have been avoided done, and later in the morning, emotionally charged family The coastal belt is reel- avoided, had the information on members of the fishermen took ing from a disaster that cost 44 the impending catastrophe been to the streets of Dehiwela and lives, and the death toll is out on time. However, the Mete- blocked the railway lines, de- mounting, after the gale force orological Department issued manding speedy measures to winds wreaked havoc in the wee the first alert to the public at save the lives of the missing hours of Saturday. Around 30 5.00 a.m. on Saturday, three fishermen, many of whom had fishermen have gone missing in hours after the gale force winds been fighting for their lives in the treacherous seas, and their buttressed by torrential rains the distant rough seas off the families fear the worst. began to lash along the South- coastal belt. The loss of precious ern Coastal belt. By the time the -Editorial lives, many of whom are sole first weather alert was out, -Ceylon Today - 11/06/2013 breadwinners, could have been much of the damage had been

AG's Office burgled tried to persuade the Audit Division to address the issue without going deep into it, trade union The office of the Auditor General (AG), housed at sources said. the premises of the Sri Lanka State Plantations Responding to queries by Ceylon Today, Corporation (SLSPC), had been burgled in broad the Auditor General, H.A.S. Samaraweera, con- daylight last Friday (7), and valuable documents firmed a large number of records and files had pertaining to ongoing investigations of cases in gone missing. He also confirmed the culprits had which millions of rupees had been misappropriated, broken into the room, where many records and files stolen. had been kept. The office is located on Adhipathy Street, Sources said, a complaint had been lodged Fort, Colombo. Superintendent of Audit, S.M. with the police and investigations are underway. Samarasinghe, who is in charge of the SLSPC Audit Unit said, a number of files pertaining to ongoing By Chandrasena Marasinghe investigations had been robbed. He had lodged a -Ceylon Today-11/06/2013 complaint with the Fort Police. The files that have been purportedly stolen includes audit files and in- vestigation reports based on several petitions re- GALE FORCE WINDS ceived from the Committee on Public Enterprises (COPE). Disaster Management Minister Mahinda Audit investigation officers revealed that Amaraweera assured that action would be taken files and reports relevant to the investigations be- against those responsible in the Department of ing conducted against the Chairman, General Man- Meteorology if any one of them were found guilty ager and the Accountant of the SLSPC have also of any shortcoming when issuing the bad-weather been stolen. Among those files is one investigating warning to fishermen. into the fraud of Rs 140,000. -Daily Mirror - 11/06/2013 A highly placed officer of the SLSPC had

Human Rights Review : April - June 13 Institute of Human Rights CURRENT ISSUES 14

Railway crossings need not be Electricity hikes death traps

In the afterglow of the National New Year or the According to the Director General of Railways, L. A. R. festival of the sun the country was plunged into Ratnayake, out of 1,083 railway crossings, more than darkness with a shocking blackout blow to millions one half, 626 in all, are unprotected. Rockland Junc- of people who were officially informed that their tion in Beruwela is one such rail- crossing. electricity bills would soar by about 60 per cent.

We invite the urgent and immediate attention of the UNP parliamentarian and economist Dr. Harsha de government in general and the Minister of Transport Silva said there were about eight private compa- in particular, to this grave situation and call upon nies being run by the CEB and while the chairman them to offer some long-term solution to these road- of the CEB was the chairman of these companies side death traps and to prevent the needless deaths no one knew the Board of Directors. The CEB was and debilitating injuries that are becoming a near forced to pay hundreds of millions of rupees to daily occurrence. these companies. Mr. de Silva said it was not rising -Editorial - fuel cost that had plunged the CEB into heavy -Ceylon Today - 25/04/2013 losses but more so the secret deals with the pri- vate companies. He said it was tragic that the mil- lions of innocent people were being forced to pay for this corruption and he believed that the toler- ance level of the people was fast reaching breaking point.

-Editorial -The Island- 11/06/2013 -Daily Mirror - 20/04/2013

Matale Graves

his newspaper covered in disturbing detail, The general tendency at the conclusion of brutal T the discovery of a mass grave in the backyard and costly civil wars and insurgencies is to forget of the Matale Hospital, and the gory revelations the past, ostensibly to look forward to a much bet- that emerged subsequently, which were made in ter future. The common argument, which is put two specialist reports which said the site was a forward in defence of this practice – and against mass burial pit that dates back to the time of the retributive justice – is that investigations into past JVP insurgency in 1989-90, and that the skeletal brutalities blamed on the security apparatus would remains bore marks of extensive torture. complicate the reconciliation process.

On Sunday, the Judicial Medical Officer of Matale -Editorial urged the family members of the disappeared youth -Ceylon Today - 02/04/2013 of that era (1989-90) to come forward to identify the remains of the 154 nameless victims that had been buried at the site.

Human Rights Review : April - June 14 Institute of Human Rights CURRENT ISSUES 15

Sri Lanka's Srebrenica moment Commanding Officer of the 1st Gajaba Battalion, appointed on 1 May 1989. He was also posted to he Matale mass grave has now thrust open the Matale District as District Coordinating Officer. T the doors to one such torture chamber. The He served in Matale until the end of 1989 and in JMO report reveals the skeletons bore marks of tor- 1990 he applied for three months' leave and went ture – heads had been severed from bodies by an to the US to see his family. electric saw, nails had been inserted into the fin- gers, and that prisoners had been electrocuted. Blood is thicker than water. And the prevailing cli- mate of impunity and the military triumphalism Incumbent President Mahinda Rajapaksa himself would not warrant a serious investigation into the was a human rights activist who campaigned for conduct of the military during the Southern the rights of the disappeared. The recent gory dis- counter-insurgency. However, one should not for- covery offers him an acid test to prove his sincerity get the dirty war General Videla's analogy. He was in his once professed values. He should have little 83, when he was sentenced to life in prison in hesitation to proceed with an investigation as the 2010, 27 years after the junta relinquished power current findings reveal that his regime could not be in Argentina. held culpable for this grave. There may be one By Ranga Jayasuirya glitch though: His younger brother and powerful -Ceylon Today - 01/04/2013 Defence Secretary, Gotabhaya Rajapaksa was the IGP Reported Of Suspicious Activities At The Mass Grave

JVP Leader Somawansa Amerasinghe on Wednesday (10) night had written a letter to the IGP regarding a covert Army operation at the Matale mass grave.

Amerasinghe has reminded the IGP that a judicial process was on going regarding the mass grave and has noted that the purpose of bringing the incident to the attention of the IGP is to ensure that the legal proce- dure could be carried out without any hindrance and for him to take necessary action. By Mandana Ismail Abeywickrema -Sunday Leader - 14/04/2013

Skeletons in the closet willingness and inability of the To break this culture of impu- State’s institutions to protect nity, we must ensure truth, jus- its own citizens. That simple tice and reparation for victims. Lessons from Matale reality – that the State cannot That is why the Tamil people’s protect its own – is a staggering movement for truth and justice What then are the lessons from attack on the mindless invoca- in the aftermath of 2009 will Matale? The first is that the cul- tion of ‘sovereignty’ by the gov- benefit people of all communi- ture of impunity in Sri Lanka ernment as a substitute for ar- ties, and must be supported by needs to be broken, and unless gument, when it faces criticism those who envision a different it is broken, the atrocities of the of its human rights record. future for this country. That is past will recur. These atrocities also why we must all unhesitat- will not and cannot victimize one The breakdown of the rule of law ingly call for truth and justice for ethnic group and not the other. may victimize Tamils dispropor- the victims of Matale. Matale and Mullivaikkal are inex- tionately, but other communities tricably linked, just as Black July cannot escape its effects. I have By M. A. Sumanthiran and Pepiliyana are linked. They often said that if we are one, - Ceylon Today - 14/04/2013 are all characterized by the un- then we will also suffer as one.

Human Rights Review : April - June 15 Institute of Human Rights CURRENT ISSUES 16 JVP demands DNA testing of Matale mass grave finds

The JVP yesterday demanded The Gampaha District to help the Court proceedings," that DNA tests be conducted on MP said that since forensic and Herath added. the finds from the Matale mass archeological experts had con- Around 154 skeletons grave, which belonged to the firmed that the skulls and skele- were unearthed from the mass 1987 – ‘89 period. tal remains, unearthed from the grave and President Mahinda Herath said that rela- mass grave in the Matale hospi- Rajapaksa also promised to ap- tives of disappeared persons tal grounds, belonged to the ‘87 point a special presidential com- wanted to appear as witnesses – ‘90 period, the JVP started mission to investigate it. in the mass grave case. JVP Par- collecting details of youth in the liamentary Group Leader Anura district who disappeared during By Dasun Edirisinghe Kumara Dissanayake also would their second uprising. "We want -The Island - 08/05/2013 appear in Court with party law- to include relations of those who yers. disappeared during that period

BASL to represent case submitted to the Court and the Magistrate had an- nounced that a decision on the affidavits would be In an important twist to the investigations into the taken at the next sitting, scheduled for 28 June. Matale mass grave, the Bar Association of Sri Lanka (BASL) has come forward as a stakeholder in Eleven affidavits from families who had lost their the case. members during the period 1988-90, to which it was confirmed the skeletons belong, had been ac- It is learnt that when the case of the Matale skele- cepted by the Court.In the meantime, Magistrate tal remains was taken up by Matale Magistrate, de Silva has ordered advertisements be published Chaturika de Silva, a representative of the BASL, in all three languages, inviting the nearest kith or Anura Medegoda, had requested for leave to repre- kin of those who had died during the stated period, sent the case. Commenting on the recent develop- to come forward and make their statements to the ment, the Janatha Vimukthi Peramuna (JVP), said police. the move by the BASL is important as it has no precedent. It is learnt the CID had sought assistance of the Interpol, and is awaiting their report. The Magis- “Nowhere in the history of Sri Lanka has a legal trate ordered the DNA testing on the skeletal re- body voluntarily come forward to represent a case, mains be conducted as soon as the Interpol report and this is a great victory for us,” former JVP Pro- is received. vincial Councillor, Gamagedera Dissanayake, said. By Chrishanthi Christopher Also, it is learnt that a further 14 affidavits were -Ceylon Today - 03/06/2013

Matale Magistrate transferred with effect from July 25

Matale Magistrate Chathurika Silva, who had been conducting the magisterial inquiry into the contro- versial Matale mass grave incident, had been transferred with effect from July 25, a judicial source revealed yesterday. According to this source Magistrate Ms. Silva had built up a good reputation as an efficient, hardwork- ing judicial officer among the judicial circle. “There had been no record of her conducting herself in a man- ner unbecoming of a judicial officer,” a spokesman who wanted to remain anonymous revealed.

By Susitha R. Fernando -Daily Mirror -22/06/2013

Human Rights Review : April - June 16 Institute of Human Rights CURRENT ISSUES 17 University Unrest Uva Wellassa – new battleground for undergrads!

n a development that had a tinge of history, undergraduates of the Sabaragamuwa University launched a I two-pronged protest demanding the withdrawal of the eight-month suspension imposed on eight fellow undergrads by the University Administration. While one faction staged a hunger strike last Thursday, an- other faction staged a protest, blocking the Badulla–Colombo road on Saturday. Needless to say, it was the latter that drew the attention of many, as the protesters obstructed vehicular movement for six hours, and dispersed only after the usual police excesses, this time a good volley of tear gas. -Editorial -Ceylon Today - 06/07/2013

Kelaniya Uni students protest against administration

Over 1,000 members of the Kelaniya University Students' Union gathered in front of the administration building of the university, last week, demanding quick resolutions to their problems.

Kingsly Gunarathna, acting President of the Union read out a list of their demands and unsolved problems.

Lack of residential facilities and common amenities in the cramped residential quarters was their main grouse. Among other grievances was the lack of basic facilities in the hostels housing female students who make up about 75% of the student cadre of the university. By Jayathilleka Gannoruwa -Ceylon Today - 21/05/2013

The National Security State & the PTA Whisked away to a police station Typically, persons arrested under the he arrest and detention of Azath Salley, PTA are arrested and whisked away to a police sta- T leader of the Muslim Tamil National Alliance, tion, or worse, the TID or CID Headquarters. The brought the incongruously named Prevention of desperate families of the arrested person must then Terrorism [Temporary Provisions] Act to the spot- go looking for their loved ones, often relying on light. There is nothing quite temporary about the unhelpful officials for snippets of information on the PTA. It is here to stay unless the people of this location in which their relative is held. When this country demand that it be abolished. Until it is, it trauma ends, another begins. That of attempting to will continue to victimize and terrorize families and visit the detenue. communities, as it has done for more than three Almost always, a Detention Order is issued decades now. within days of the arrest, extending the period of The PTA is a draconian piece of legislation time under which a suspect can be held without that rights activists, progressive politicians and well charge to eighteen months! As suspects are kept in meaning international friends have asked succes- custody without charge or judicial supervision for sive governments to repeal. The Tamil people have long periods, police abuse is rampant. This is com- been the worst affected victims of the PTA. Indeed, pounded by provisions in the PTA which enable con- the PTA continues to strike terror into Tamil fami- fessions made by suspects to the police to be ad- lies and the larger Tamil community. I have ap- missible in evidence. In fact, many convictions un- peared for a number of individuals held in detention der the PTA are based solely on the confession of a under the PTA. suspect. Being aware of this, the police stop at Continue on page 18

Human Rights Review : April - June 17 Institute of Human Rights CURRENT ISSUES 18

Continue from page 17 is why the PTA has been used so widely against nothing to extract confessions. The methods of tor- Tamils. The PTA enables governments to crush the ture are legion. The lucky survive with telltale men- source of any organized resistance against it and tal and physical scars of torture – paranoia, panic this is why it continues to be used in the North and attacks and headaches. The not so lucky are per- East today. During the second southern insurrec- manently disabled. Some are killed. One person tion, the PTA was turned on Sinhala youth. Thus, whom I represented was blinded in both eyes. This the arrest and detention of Azath Salley under the is the reality of the PTA. PTA was not an ad hoc exercise done in response to While the PTA has brought agony and distress to its a single line in a single interview in a single news- victims, it has played a fundamental role in defining paper published outside Sri Lanka’s shores. The governance in Sri Lanka. treatment of Salley was not merely a threat to Salley. Instead, it is a chilling reminder to Muslims Firstly, it enables the government in power to per- that they too must be cautious, lest the fate of the secute and terrorize communities and classes of Tamils come to haunt them. The message is that people considered ‘enemies of the state’. The PTA any resistance to the prevailing orthodoxy is almost never used in isolation. Its purpose is not of Sinhala Buddhist suzerainty will be crushed. to deal with individuals suspected of terrorism. In- stead, its use has always been designed to subju- By M. A. Sumanthiran gate communities thought to be troublesome. This -Ceylon Today - 19/05/2013

Charges revealed Justice Minister, Rauff Hakeem, by the Sri Lankan Defence Sec- condemning Salley's detention. retary. In a damning revelation, power- ful Defence Secretary Gotab- Rajapaksa said he would always Rajapaksa added Salley had haya Rajapaksa has stated Mus- be 'awake to protect the people held discussions to mobilize lim politician Azath Salley was from external threats.' Tamil speaking Muslim people arrested as he conspired to mo- into the ranks of the TNA and to bilize Sri Lankan Muslims for an "Many people are talking about conduct an armed struggle. armed struggle along with a the arrest of Azath Salley with- Tamil group in Tamil Nadu. out knowing those facts. Muslim "British Tamil Forum is an LTTE Speaking to our sister paper, people thought that he was ar- front. They are also involved Rajapaksa said intelligence rested for espousing Muslim ex- with this Tamil group in Tamil agencies have uncovered evi- tremism. Azath Salley went to Nadu. The British Tamil Forum dence against Salley, who had Tamil Nadu and held talks with a mobilized expat Muslims in the been held in detention under a Tamil group. A Tamil National United Kingdom to hold a pro- controversial detention order Alliance (TNA) parliamentarian test in front of the Sri Lankan obtained by the Criminal Inves- and a Tamil professor attached High Commission in London," tigation Department (CID) under to the Open University of Sri the Defence Secretary alleged. the Prevention of Terrorism Act. Lanka have also visited Tamil Nadu to hold discussions with He said he would not let 'the "Hakeem and other politicians the same Tamil group," Raja- discussions held in Tamil Nadu are talking about the... paksa charged. to progress into an armed strug- ...detention of Salley without gle. knowing those incriminating de- He, however, stopped short of tails," Rajapaksa alleged, when naming the 'Tamil group.' It is By Premalal Wijeratne queried about the statement not clear whether the Indian -Ceylon Today - 10/05/2013 made by Leader of the Sri Lanka intelligence services are aware Muslim Congress (SLMC) and of those discussions referred to

Human Rights Review : April - June 18 Institute of Human Rights CURRENT ISSUES 19

The Azad Salley Affair It was obviously not those in detention who initi- ated this armed movement, because they couldn’t oes the detention of Azad Salley help pre- while behind bars. However, their very presence D vent terrorism or does it contribute to the behind bars for non-violent activism mightily opposite outcome of radicalisation? strengthened the argument of those shadowy fig- ures like the teenaged Velupillai Prabhakaran, that The answer to that question lies in our experience there was no space for and no point in anything but as a society. In 1972, a few dozen young Tamils armed actions. were detained because they had hoisted black flags in protest against the promulgation of the Republi- Thus, the detention by the state of unarmed politi- cation Constitution, ignoring the written entreaties cal activists in no way acted as a deterrent to of the Tamil parliamentary political leadership armed violence and terrorism, but actually radical- headed by SJV Chelvanayakam. These young men ized the tactics and later the strategy itself of the had not engaged in any violent activities. They politics of the Tamil minority. were held in detention for five years. What is the signal that Azad’s treatment sends out At the time of their arrest there was no armed to the disaffected youth and the shadowy groups movement in Jaffna. By the time of their release in that may exist in the Eastern province? As with 1977, the Tigers had commenced armed opera- Tamils, so also perhaps with Muslims, but is that tions, while the EROS/GUES had been formed in the insidious intent? London and obtained weapons training in Lebanon. Those in doubt may check with Karuna, KP, Suresh, By Dr. Dayan Jayatileka Siddarthan and Douglas. -The Island - 07/05/2013

When we observe Buddhist monks full of opted out of fear or possible gain to remain by- rage and lust for the exercise of physical power standers and while a good many of the Sinhala Di- going about the country with a creed of hate and a aspora are parroting the rhetoric of the Buddhist call to arms against Muslims and other ‘non- Taliban here is a benign soul who has thrown in his believers,’ the sight of a sagely monk calmly, se- lot with the future of our island and the long-term renely, peacefully and intelligently campaigning for welfare of its people. Ven. Maduluwave Sobitha a change in the constitution that will benefit all and would unmistakably stand to gain in all material restore peace, it is much more than a breath of trappings like luxury cars, trips over- fresh air. It is the very embodiment of hope nity seas and some financial deals to boot for a nation in an era of hopeless- f sa had he chosen to ignore his con- oice o ness; a beacon of value in times A v science and gone with the official line as some that are being stripped of values; a s o l i d of his corrupt colleagues have done. Yet, he has and noble sentry that’s watching, concerned over a put the nation and the people above himself. There nation that is tearing itself away and drawing to- is no agitation in him; no impatience with those ward a perilous end. who have chosen to prostitute the Dhamma. Yet, he keeps pressing softly and gently exuding a While men and women in prominent posi- measure of the radiance of the Great Master. He tions-in the academia, in the Public Service, in knows he has found the solution. business, in media and in the NGO system have -Ceylon Today - 10/04/2013

Human Rights Review : April - June 19 Institute of Human Rights CURRENT ISSUES 20

From David Blacker Our government is at best silent; at worst in collu- sion. Our police force is standing by, while Muslims Our Moment of Destiny are attacked. There are no arrests. There is no con- demnation. There is no justice. But when that hour of destiny arrived thirty The last time this happened, I was eleven years ago in Sri Lanka, our parents' generation years old; an uncomprehending child. I grew up to failed us. For decades, they had watched as ex- wonder why my father who could ride a motorcycle tremist rhetoric levelled at the Tamil community through a wall of fire to get me home that July, gave way to physical violence. They stood by as hadn't been able to stop what was done to the our Constitution was changed to remove any pro- Tamils and to my country. Was he scared? Didn't tection the minorities had a right to under law. he care? I ask the same questions from myself to- They were silent when the nation's leadership was day. Why am I doing nothing as my country heads silent on the racism and hatred that was all around towards the flames again? I ask it of my friends – them. They did nothing when their elected politi- especially the Buddhists – my colleagues, my girl- cians in fact helped instigate the violence that cli- friend. None of you are racists, I think. None of you maxed in the orgy of assault, murder, rape, and believe Muslims must be persecuted and harassed. destruction now known as Black July. For thirty Why are you not speaking out? Why are you not years we have wondered how our parents could protesting? What will it take? Or is there nothing have been so docile, so short-sighted, so wrong in that will drive us out of our homes and on to the their choices. We have watched our country torn streets to brave the thugs and the tear gas, the apart by suicide bombers and child soldiers, by water cannon and the bullets? I feel ashamed right tanks and artillery. We have watched a hundred now; ashamed of my government; ashamed of my thousand die, because our parents didn't say 'stop!' friends; ashamed of my country. More than any- thing, I am ashamed of myself. I have never felt Five minutes to midnight this way about my country, and I never thought I Thirty years later, the clock is back at five would, but I feel it now. And I hate feeling this minutes to midnight; racists are calling for vio- way. In the worst of the war, I told myself that it lence, for this country to be only for Sinhalese Bud- wasn't my fault; that I hadn't chosen this war to dhists. They are calling for a tiny minority to fight. But this is now. This is me. This is us. This is change their lifestyles or leave; they are calling for our country and our moment of destiny is here. their right to worship to be curbed. And they are Why are we doing nothing? threatening violence if their demands are not met. -Ceylon Today - 04/04/20136

A Case for Best Legal Brains

A picture on Yesterday’s Daily Mirror front page where a police officer was saluting the contro- versial UPFA parliamentarian Duminda Silva at his residence and the picture’s table head ‘Can you Be- lieve it’ raised grave questions with regard to public confidence in the independence of the police force and the judiciary.

-Daily Mirror - 30/04/2013 -Editorial- -Daily Mirror - 30/04/2013

Human Rights Review : April - June 20 Institute of Human Rights CURRENT ISSUES 21

A Disturbing Trend Of Police Brutality the Dematagoda police station around 2 am, at which point the Officer in Charge had asked to Angry residents surrounded the police sta- meet with the family. When the family went back tion in Dematagoda, demanding justice for a man around 6:30 am, they were told the shocking news who died in police custody. that Shekar was dead. The residents insisted that 44-year-old Kan- Oddly, Shekar was not the only person who napillaiyam Shekar was a victim of police brutality. died while in the custody of police in the recent “One of our sons was taken in at 7 pm… by 4 am, past. 24-year-old Madushanka Alwis, a resident of he was dead,” one of the protesters said in anger. Kottawa was also found dead along the Pannipitiya But the police insist that there was no foul road on May 31, the police media unit confirmed. play involved. Shekar died of a heart attack, police Alwis was reportedly a father of one. Once again, spokesman Buddhika Siriwardena said. He was ar- residents of Kottawa claimed that Alwis died as a rested for possessing 800 milligrams of heroin, and result of police brutality. However, the police main- had been detained for drug-related offences in the tain that Alwis also died of a heart attack. “The Na- past as well, he added. tional Hospital of Colombo conducted a post mortem Meanwhile Vignesh, the nephew of the de- on June 1, and it was recorded that the man died as ceased, spoke to the media at the protest, relating a result of a heart attack,” the police media unit the events, which led to his uncle’s untimely death. said, speaking to . It had all started with a function, which the family, The Judicial Medical Officer at the Colombo including Shekar had attended on Sunday evening National Hospital was unavailable for comment at (2). Suddenly four policemen, two of them in civilian the time of going to press. clothes, arrived on the scene about 8:30 pm, and Shekar and Alwis are by no means the first viciously assaulted Shekar. suspects to die while in the hands of the police. “The cops beat our uncle and took him In fact, there have been a veritable slew of suspects away,” nephew Vignesh said. Later on, the police who have died while in custody. had asked Shekar’s relatives to bring some medicine By Raisa Wickrematunga for their uncle. A friend had then taken medicine to -The Sunday Leader -09/06/2013

Timeline Of Incidents Of Death Or Assault In Police Custody

June 7: A resident of Bulathsinhala possession and theft. The de- Indika was suspected by a lawyer falls off a precipice while showing ceased’s family and residents in of stealing an electric grinder. police where he had hidden a mur- the area took the man’s body out- der weapon – the suspect was ac- side the police station and staged October 3, 2011: Chamarange cused of killing a mother and rap- a demonstration, saying the man Hannadige Lalith Susantha pro- ing her daughter June 3: 44-year- was killed by police. However the nounced dead on admission at Pa- old Kannapillaiyam Shekar dies in JMO ruled that the official cause of nadura hospital. Susantha report- police custody, arrested for pos- death was pneumonia. edly jumped into the Bolgoda Lake session of 800 miligrammes of when showing police where a mur- heroin. Official cause of death – May 31: 24-year-old Madushanka der weapon was hidden. Susantha heart attack, but residents insist Alwis found dead on Pannipitiya was accused in the brutal killing of Shekar was killed. road, official cause of death heart a police officer. attack, residents cry foul play. June 2: A man dies while in the May 27: Interior decorator M. M. September 30, 2011: 27-year-old custody of Habaraduwa police. The D. Aruna Nilupul Indika says he Ganniarachchi Appuhamilage man had been accused of drug was tortured by Matugama police. Continue on page 20

Human Rights Review : April - June 21 Institute of Human Rights CURRENT ISSUES 22

Continue from page 21 five policemen were subsequently back to shore until he drowns. Gayan Rasanga dies while in po- remanded, including the OIC Four policemen were remanded lice custody in Dompe. Ganni- Crimes Division following the incident, and one of arachchi was accused of trans- the accused, a police constable porting a stolen water pump. October 29, 2009: B. Sivakuma- attached to Bambalapitiya, died Police claimed he jumped from a ran, a mentally handicapped per- following a brief illness. moving police vehicle. Angry resi- son, is drowned as policemen By Raisa Wickrematunga dents stormed the Dompe police mercilessly assault him with a -The Sunday Leader - station, demanding justice, and pole, refusing to let him come 09/06/2013

PRISONER’S BODY BROUGHT TO ROAD ALLEGING ‘KILLER ASSAULT’ BY POLICE

A chaotic situation prevailed yesterday morn- his condtion had become worse. The relatives of the ing on Galle - Akuressa Main Road due to a protest deceased said assaults on him by the police had by some residents of Nugaduwa in Habaraduwa caused his death. The traffic on Galle – Akuressa over the death of a youth who had been taken into Road had been obstructed for more than an hour as custody by the Habaraduwa Police. the relatives had brought the dead body to the pro- The dead youth was B.M. Buddika Chanaka test site. Piyarathna (29) - a father of two children, from Di- A dispute irrupted when a police team led by vulana in the Habaraduwa Police Division. ASP K.B. Keerthirathna tried to disperse the pro- He had been arrested by the Habaraduwa po- testers. lice along with two others for burgling the house of Later, an anti-riots squad was deployed to a foreign national. maintain the law and order in the area. The suspects were produced in court on May Karapitiya JMO L.B.M. Fernando who con- 31 after questioning under a detention order. Later, ducted the postmortem forwarded his report to the he had been admitted to the Prison Hospital as he Magistrate Court under seal. The hearing is due to had fallen ill. be held on 11th June. Afterwards, the suspect had been transfreed to -Daily Mirror - 06/06/2013 the Karapitiya Hospital from the Prison Hospital as

An ordeal hard to forget FULL STATEMENT FROM THE BRITHISH HC

ictoria Tkacheva, 24, a Russian lan- t is now 18 months since the murder of British citizen, V guages graduate, fears that the I Khuram Shaikh, and assault on his partner Voctoria, while men responsible for her rape and the they were on holiday in Tangalle. The British High Commission murder of Khuram Shaikh, a 32-year-old is deeply disappointed that trial proceedings have not yet com- Red Cross worker from Rochdale, will not menced and continues to call for the perpetrators of this terri- be brought to justice. ble crime to be brought to justice. As well as being important for Shaikh’s family, justice being done will bring some assur- The Russian companion of murdered Red ance and peace of mind for other British tourists who visit Sri cross worker Khuram Shaikh, who was Lanka each year. raped and beaten up has spoken for the However, in a controversial statement, a key suspect in first time of her ordeal in Tangalle and the case, Sampath Vidana Pathirana, Chairman of the Tangalle tells David James Smith of the Sunday Pradeshiya Saba (UPFA) said the entire incident is a result of an Times of London about her ordeal and international conspiracy to overthrow the ?Government of Sri her quest for justice Lanka.

Human Rights Review : April - June 22 Institute of Human Rights CURRENT ISSUES 23

US Questions Govt ada’s claim of “ongoing violations of human rights and lack of reconciliation in Sri Lanka” when the he United States brought to the notice of the government’s progress with regard to addressing T UN Human Rights Council (UNHRC) last week, human rights concerns and reconciliation is being what it says is a continuation of violations of the amply demonstrated on the ground, acknowledged rights to freedom of expression, association and by many in the international community, and peaceful assembly, and reprisals against human elaborated comprehensively and in detail at succes- rights defenders, members of civil society, and sive Council sessions by our delegation, including journalists in Sri Lanka. In a statement at the gen- during the current Council session. eral debate on human rights situations requiring council attention, the US Ambassador to the UN in “The significant progress achieved in the implemen- Geneva, Eileen Donahoe said that there have been tation of the recommendations of the LLRC through no credible investigations or prosecutions for at- the time bound National Plan of Action is well docu- tacks on journalists and media outlets. mented in the public domain in a transparent and easily accessible manner, including via its latest She also said that the government should set visit Progress Report released in April 2013. The many dates and provide access to UN special procedure facets of reconciliation including resettlement of mandate holders. The government has so far re- IDPs, demining, rehabilitation and reintegration of fused to agree to a visit by the UN special proce- ex-combatants including child soldiers, resolution of dure mandate holders. land issues, infrastructure development, housing, implementation of the language policy, as well ac- Among those who sought to visit Sri Lanka is the countability issues are being addressed in a com- Special Rapporteur on the promotion and protection prehensive manner taking into consideration the of the right to freedom of opinion and expression, aspirations of the affected communities,” the gov- Frank La Rue. ernment said.

The government meanwhile on Friday formally re- “We also reiterate that as a founding member of sponded to the concerns raised by the US govern- the Commonwealth, Sri Lanka is firmly committed ment as well as Canada on Sri Lanka. “In response to its values and principles. Sri Lanka’s longstand- to the US, we wish to note that every effort is being ing engagement and commitment to the Common- made by the government to investigate incidents wealth is known and demonstrated by the under- relating to alleged attacks on the media and to taking to host the next Commonwealth Heads of prosecute perpetrators of such crimes in instances Government Meeting in November this year, for where they are identified and sufficient evidence is which preparations are underway. The reference to available. Further, our continued and constructive the Commonwealth by Canada in this forum is engagement with special procedures is itself evi- rather puzzling, considering its membership not dence of our serious commitment to engagement being universal,” the government said. with the Council and its mechanisms,” the govern- ment told the UNHRC at its ongoing 23rd session. By Easwaran Rutnam The government also said it was surprised by Can- -Sunday Leader - 09/06/2013

“It is the first responsibility of every citizen to question authority” Benjamin Franklin

Human Rights Review : April - June 23 Institute of Human Rights ARTICLES 24 The Forthcoming Anarchy -Diluting the 13th Amendment

hough the Indo-Lanka agreement was not If we forget the international repercussions of the T much welcomed by the domestic constitu- act that the regime is undertaking for a little while, ency, internationally it was praised by powerful na- we can clearly see the domestic conflict is being tions, specially the USA. US administration ex- refreshed by such short-sighted actions of the re- pected the agreement would bring an end to vio- gime. Today, for the first time, all the Tamil- lence. However, the accord did not end violence in speaking people of the country have voiced their Sri Lanka, but, instead Sri Lanka’s political admini- displeasure over the government’s project of stration was oriented to a different dimension with amending the existing powers of the PCs. However, the introduction of Provincial Councils under the this issue never had received such attention prior 13th Amendment to the Constitution. The idea of to the announcement of the regime’s decision to devolution of power was communicated to the lar- hold elections in the Northern Province where ger public in the evolving discourse on Provincial above 90% of the people are indigenous Tamils. Councils. Now it is very clear that the major issue of this As per the Indo-Lanka agreement, Provincial Coun- country for- ever remains the ethnic conflict. Some cils were established to devolve power to regions. believed for a certain period that it was the LTTE The major aim was to devolve power to the North- that wanted to divide this country. The Govern- Eastern Province and bring normalcy to that re- ment’s war victory was hailed by many sections of gion. Except for this region, in all the regions Pro- the country who believed permanent peace had vincial Councils (PCs) got established and elections dawned in the country. began to be held regularly. Despite the aversion of the extremist elements like the LTTE for the PCs, Nevertheless, the latest developments with regard the idea of separatism also could be fought to a to the 13th Amendment, now clear all our doubts certain extent using this new system of govern- and establish the fact very clearly that those Sin- ance. Today, the Tamil National Alliance has ex- halese nationalists are not willing to see that Sin- pressed its willingness to contest the northern elec- halese and Tamils will live in harmony in the ab- tions in the North, if the election is to take place sence of the LTTE. So, the nationalist forces of both with the guarantee of providing constitutionally sides who always clamoured for ethnic purism can stipulated powers to the PCs. The Tamil-speaking now start a new war against each other which will community of this country has begun to recognise help continue them in bloody politics and remain in the importance of the PCs, and they are demand- power forever. ing the full implementation of the 13th Amend- ment. Unmistakably, today, Sri Lanka is heading back to the anarchy which had prevailed in the latter period In this context of revival of the minority’s aspiration of the 1980s. Neither the introduction of PCs with for participating in the governance mechanism, the external intervention nor the annihilation of the nationalist elements in the government who seem LTTE could ever bring peace to this country. The to have gained a determining influence on the re- ideologues of ethno-nationalism are not happy that gime have embarked on a project of refuelling eth- they will share the power in some form with the nic tensions. It is understood that the regime in minority. The term minority was a banned term in power has been convinced by the nationalist ideo- this country and it is in fact a taboo to speak of the logues that the land power and police power should minority’s human and political rights, because they not be given to the PCs, although the constitution are not human beings according to war mongering has offered such powers to them. Therefore, the nationalists. regime is going to amend the 13th Amendment -By Athulasiri Kumara Samarakoon hastily before the September elections in the North- -Daily Mirror- 15/06/2013 ern Province.

Human Rights Review : April - June 24 Institute of Human Rights ARTICLES 25

Burning of the Jaffna Library all the people of this country. The government of the day did not institute he 1st of June has come and gone but we an independent investigation into the crime for T are reminded of a horrific inhuman act – the which it had to take responsibility, for it was in of- burning of the Jaffna library on the 1st of June fice and therefore responsible for the maintenance 1981, and we, who were living in Jaffna at the time of law and order in the country. know who committed this dastardly crime – I write Many Sinhalese including Godfrey not only to recall the crime (which many appear to Goonathileka, the late Fr. Tissa Balasuriya, Guna- have forgotten) but to also ask the question: is it dasa Amerasekera, Carlo Fonseka, Hector Abeywar- not more than ‘funny’ that the Policeman who was dena, R. K. W. Gunasekera and the Bellanwila Bud- in Jaffna at the time committed this dastardly dhist priest amongst others, were horrified at what crime, waited until he was absolutely certain that had happened – I recall that the late Ian the LTTE was wiped out and it was safe for him to Goonetileka wrote how depressed and grieved he make the accusation that it was the LTTE which did was – and stated that the destruction of the library this horrific act, believed by none but some of his was an act of calculated cold blooded incineration; Uni batch-mates. it is intended to wound the sensibilities of our Tamil It must not be forgotten that there were brethren but it has outraged the humane feelings of almost 200 police and others from the south in every person in this country whatever may be his Jaffna at the time, because of the District Develop- political, racial or religious persuasion –it is a crime ment Council election that was to take place at the against us all, he wrote. time, who saw and knew what actually happened. Another Sinhalese, much respected by the The Police of old had self respect and valued the people of the North, the onetime (much loved) uniform they wore. Government Agent, Lionel Fernando also knew the Let me recall, there has been one other truth but for understandable, yes understandable instance in our part of the world where there was reasons remained silent. another such heinously and dastardly crime against No one other than a Tamil will know what humanity and that was in the 12th Century when we have been through since 1956, it has been an the Nalanda University – the famous Buddhist seat unbelievable story not only of deprivations and dis- of learning was destroyed. crimination by the State relating to employment Yes that was in Central Asia and 800 years opportunities and education, which is sacred to us, before the burning of the Jaffna Library, which had but also the cruelties visited on us by our own peo- a priceless collection of almost one hundred thou- ple, particularly the LTTE. sand books and irreplaceable manuscripts. This rehabilitation process can become a It was a treasure-trove. It was a heartrend- reality not merely by building the infrastructure in ing experience for us Tamils who were living in the North and East, but only when the Sinhala peo- Jaffna at the time. ple reach out and touch the hearts and minds of The barbarians went on the rampage from our people for we have much in common and only May 31 till June 4 and during that time they not language separated us. only burnt the Library but also the market area, the The Sinhalese people must reach out to us office of the Tamil newspaper Ealanadu and the and give us back our dignity and make us feel deep home of a Tamil Parliamentarian Yogeswaran. At inside us that this country is as much ours as it is the time of this carnage there were two Ministers of theirs, let us mix more and together build one Sri the government in Jaffna and one of whom was Lanka nation. from a renowned Kandy school, known for the Reverting to memory of the crime commit- great sons it has produced. ted on the 1st of June 1981, I conclude by quoting The evidence of the carnage was seen and no less a person than President J. R. Jayewardene noted by the ICJ observer Mission that visited himself who, speaking to the Executive committee Jaffna a month or so after the crime was commit- of the UNP on September 4, 1981 stated: - ted. The Jaffna Library was a part of the heritage of Continue on page 26

Human Rights Review : April - June 25 Institute of Human Rights ARTICLES 26

Continue form page 25 recently, is the way to solve the problems that “What is the example, we, as leaders of face this multi-racial, multi religious, multi cultural the governing party, are setting to our followers society, then take over the leadership of the and the rest of our country? I must have reasons party”. to be proud of the party of which I am the leader. So said President Jayewardene! Need I say more? If I cannot control my party then it is bet- ter for me to retire from the leadership of the By S. Chelliah party and let those who believe that the harming -Sunday Leader- 16/06/2013 of innocent people and property that has happened

REPORT FROM EDUCATION UNIT

DIPLOMA IN HUMAN RIGHTS - SINHALA MEDIUM

The 20th batch of Diploma in Human Rights is conducted at the Ministry of Justice for its staff (25 participants) from 09th May 2013 and 21st batch at the Consortium of Humanitarian Agencies, Co- lombo 07 for a diverse group of 21 participants from 11th May 2013. Diploma in Human Rights is a 08 months Programme that explores the concept of human rights, discusses the ‘rights’ dimension of global and local events and trends, and builds a community of individuals to participate in making a change.

DIPLOMA & CERTIFICATE COURSES IN HUMAN RIGHTS - TAMIL MEDIUM

Diploma in Human Rights The Diploma course conducted in covered the following in-depth study session for the months of April - June :- Child Rights , Women's Rights & Consumer Rights. The resource persons were Ms. Gyathree Mutturaja - AAL, Mr. S. Jodhilingham - AAL, Ms. B. Yalini - AAL. 17 participants fol- lowing the course.

Certificate in Human Rights The Certificate course conducted in Jaffna District from February to May with 27 participants.

Human Rights Review : April - June 26 Institute of Human Rights

27 REPORT FROM REHABILITATION UNIT Uplifting the self esteem of Institutionalized Youth through Vocational Training for Reintegration with Dignity

Beauty Culture programe for boys and girls at Halpathota Detention Centre were ongoing. Practical carried out in the following are in the months of April.

1. Manicure and Pedicure

2. Hot wax, Cold wax & using hair removing cream

3. Training on how to a bleaching

4. Hair cutting

5. How to drape a Kandyan Saree

6. Making flower bouquet

7. Training on how to do a cleanup

8. Training on how to do a facial

9. Training on how to do a face mask

10. Training on how to do a face makeup for a bride

11. Training on dressing an Indian bride

12. Training on dressing an Kandyan bride

Human Rights Review : April - June 27 Institute of Human Rights STAFF INFORMATION 28

Chairman Jeevan Thiagarajah

Board of Directors Michelle Gunaratne Leela Isaac Tahirih Q Ayn H.G.Dharmadasa

Legal Unit 011-2695828 [email protected] Legal Officer V.S. Niranchan Senior Coordinator K Premaseeli

Education Unit 011-2695828 [email protected] Grants & Education Manager Menaka Shanmughalingam [email protected] Education Coordinator (Sinhala) Priyanthi Gamage [email protected] Education Coordinator (English) Hashini Mahesha Rajaratna [email protected] Education Coordinator (Tamil) Unita Ferly Bastian [email protected]

Rehabilitation Unit 011-2695828 Consultant Tahirih Q Ayn [email protected] Coordinator Hashini Mahesha Rajaratna [email protected]

Administration / Finance Unit 011-2695827 [email protected] Finance Officer Champa Jayakody [email protected] Accounts Assistant Shashika Jayasinghe Senior Office Assistant / Driver M Kannadasan Front Officer V P Chandima Padmasiri Driver / Office Assistant Duminda Attygala

Jaffna Branch 021-2240999 Legal Consultant A. S. Athputharay Supervisor T. Sanmuganathan Office Assistant Regina Malini

Head Office

86, Rosmead Place , Colombo 07

Branch Office

Jaffna

Urelu East, Chunanagam

Human Rights Review : April - June 28 Institute of Human Rights