DOCSLIB.ORG

Torture: an Entrenched Part O F Cr Uel, Inhuman

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Torture: an Entrenched Part O F Cr Uel, Inhuman TORTURE: AN ENTRENCHED PART OF CRUEL, INHUMAN & DEGRADING LEGAL SYSTEMS AHRC TORTURE: AN ENTRENCHED PART OF CRUEL, INHUMAN & DEGRADING LEGAL SYSTEMS A study on the use of torture as a routine part of criminal investigations in developing countries; lessons from the situation in Sri Lanka Basil Fernando ASIAN HUMAN RIGHTS COMMISSION AND ASIAN LEGAL RESOURCE CENTRE TORTURE: AN ENTRENCHED PART OF CRUEL, INHUMAN & DEGRADING LEGAL SYSTEMS A study on the use of torture as a routine part of criminal investigations in developing countries; lessons from the situation in Sri Lanka Edited by Jessica Fernando and Junko Asano Print Version 978-962-8314-72-0 AHRC-PUB-001-2017 Cover design Jessica Fernando Published by Asian Human Rights Commission Ground Floor, 52 Princess Margaret Road Ho Man Tin, Kowloon Hong Kong SAR, China Tel: +(852) 2698 6339 Fax: +(852) 2698 6367 Web: www.humanrights.asia Printed by Clear-Cut Publishing and Printing Co. A1, 20/F, Fortune Factory Building 40 Lee Chung Street, Chai Wan Hong Kong DEDICATION This book is dedicated to the hope that a better understanding may emerge of the wrongs that people who live in countries with broken justice systems suffer, giving rise to a heightened level of concern and a drive to undo such wrongs through local and international strategies and actions, all to create environments where the life and liberties of people are protected. Contents v Contents FOREWORD ix INTRODUCTION 1 PART ONE 5 1. QUELLING MASS PROTESTS WITH EXTRAJUDICIAL KILLINGS 6 2. FATHER, MOTHER, AND SON KILLED IN RETALIATION FOR FILING A FUNDAMENTAL RIGHTS PETITION AGAINST FIVE POLICE OFFICERS 8 3. DESCENT INTO THE SELLING OF CHILDREN 11 4. UNHRC FINDS FAULT WITH THE POLICE, THE FORENSIC PATHOLOGIST, THE ATTORNEY GENERAL, AND THE SUPREME COURT 14 5. A CONVERSATION WITH THE PRIME MINISTER ON THE PERIODIC MASSACRES OF YOUTH SINCE 1971 20 6. PATTINI RAZEEK’S BODY BURIED WITHIN A HALF BUILT PRIVATE HOUSE 23 7. DELAYS IN ADJUDICATION AS A MANIFESTATION OF LEARNED HELPLESSNESS 26 8. INSTITUTIONS FOR THE ADMINISTRATION OF JUSTICE ARE FAR MORE IMPORTANT THAN THE MILITARY 29 9. THE RAPE VICTIM WHO GOT ONE HELL OF A JUSTICE 32 vi TORTURE: An entrenched part of cruel, inhuman & degrading legal systems 10. THE “JUSTICE SYSTEM” AS A THREAT TO DEMOCRACY AND THE RULE OF LAW 35 11. SMALL MIRACLES THAT CAN BE ACHIEVED THROUGH JUSTICE 40 12. TOWARDS AN EXPLANATION OF VIOLENCE, BASED ON THE FAILURES IN THE POLICING, PROSECUTORIAL, AND JUDICIAL INSTITUTIONS 42 PART TWO 45 1. THE GOVERNMENT’S DELAY IN DEALING WITH THE LAW’S DELAYS 51 2. DOUBLING THE NUMBER OF HIGH COURTS WILL DRASTICALLY REDUCE CRIMES 54 3. ATTORNEY GENERAL’S DEPARTMENT COMES UNDER SERIOUS PUBLIC SCRUTINY 58 4. TORTURE IS A COMMON PRACTICE IN SRI LANKA – UN SPECIAL RAPPORTEUR 65 5. THE ARREST OF FORMER D.I.G. ANURA SENNANAYAKE AND THE PROBLEM OF COMMAND RESPONSIBILITY 72 6. KONDAYA, RAISED TO THE STATUS OF MYSTERIOUS CRIMINAL 76 7. WHAT PODDALA JAYANTHA MEANS TO US 81 8. LETTER TO THE HRC-SL; REQUEST FOR SPECIAL ACTION REGARDING MS. M. K. MALANI – TORTURED, SEXUALLY ABUSED AND INCARCERATED UNDER FABRICATED CHARGES BY NAWALAPITIYA POLICE 84 9. LETTER TO THE ATTORNEY GENERAL REGARDING ACCEPTING APOLOGIES FOR HUMAN RIGHTS VIOLATIONS 91 Contents vii PART THREE 97 1. CONSEQUENCES OF LETTING A CRIMINAL JUSTICE SYSTEM PERISH 99 2. WHY INVESTIGATIONS INTO MASS GRAVES HAVE FAILED SO FAR 106 3. INABILITY TO MOURN - THE SRI LANKAN EXPERIENCE 115 4. PREVENTING THE IMPROPER USE OF FORCE & VIOLENCE 122 5. ABSURDITIES ARISING OUT OF DELAYS IN LITIGATION 139 6. A BASIC PROPOSAL TO STOP THE COLLAPSE OF THE CRIMINAL JUSTICE SYSTEM OF SRI LANKA 141 PART FOUR 145 1. SRI LANKA’S DYSFUNCTIONAL CRIMINAL JUSTICE SYSTEM AND THE CAUSES THEREOF 146 2. ALTERNATIVE REPORT TO THE COMMITTEE AGAINST TORTURE IN CONNECTION WITH THE 5TH PERIODIC REPORT ON SRI LANKA 196 3. A SUBMISSION FOLLOWING THE EXPERT CONSULTATION HELD IN WASHINGTON, 7-8 JULY 2016, ON INTERROGATIONS, INVESTIGATIONS, AND CUSTODIAL PRACTICES 211 APPENDIX 1: REPORT OF THE SPECIAL RAPPORTEUR ON TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT ON HIS MISSION TO SRI LANKA (2017) 221 viii TORTURE: An entrenched part of cruel, inhuman & degrading legal systems APPENDIX 2: REPORT OF THE SPECIAL RAPPORTEUR ON THE INDEPENDENCE OF JUDGES AND LAWYERS ON HER MISSION TO SRI LANKA (2017) 256 APPENDIX 3: A letter to THE PUBLIC from A RETIRED JUDGE (2017) 289 BIBLIOGRAPHY 294 Contents ix Foreword By Dr. Sunil Coorey1 (Attorney at law) Torture is a cancer that attacks the foundations of a democratic, just and orderly society. The prevalence of State-sponsored torture begets a fear psychosis in the general public. Freedom of thought and expression cannot exist if terror is instilled in the minds of the general public by State-sponsored terror. State-sponsored torture is a weapon to quash democracy and freedom in all its forms, and to usher in totalitarianism. As far as criminal justice is concerned, justice is always rooted in truth, and truth will not prevail amidst the practice of torture. Everyone has a limit beyond which torture cannot be endured, and the most innocent of people will confess to any crime when that limit of endurance is reached. To tolerate torture is to subvert criminal justice. The use of torture in criminal investigations is presently endemic in the Sri Lankan Police Force. Usually, it is the comparatively lower ranks in the police force who actually torture those who are suspected of crimes. However, if the higher ranks do not encourage it, at least they condone it. Torture is always dehumanizing for both the victim as well as the perpetrator. Nevertheless, for several reasons, torture has become entrenched in the Sri Lankan criminal justice system. 1 Dr Sunil F A Coorey is the author of the monumental work ‘Principles of. Administrative Law in Sri Lanka’, Vol I & II, and a leading lawyer in Sri Lanka. x TORTURE: An entrenched part of cruel, inhuman & degrading legal systems When the British introduced the general principles of their law of evidence into their colonies (including Sri Lanka, then Ceylon), they were careful to provide that (unlike in their own country) a confession to a crime made to a police officer, or a confession to a crime made while in the custody of the Police, was inadmissible in evidence when the person who made the confession was put on trial for the crime he had confessed to. This shows that even over a century ago, when the Evidence Ordinance was enacted by the British in Sri Lanka, the Government of the day distrusted the methods used by the Police in obtaining such statements. Police officers practice torture for different reasons. Sadism may not be a prominent cause. It often happens that a police officer whose duty it is to investigate a crime lacks proper training and knowledge of the correct and effective methods of detecting crime. He may lack the necessary equipment for his task. Nevertheless, he may be keen to “solve” the crime and to show his superiors that he is efficient and that he has found the “perpetrator” of the crime, so that he can be considered for promotion. In such situations, he will resort even to torture to impress his superiors and show them that he has successfully carried out his task, and that he has “solved” the crime (even though a confession from the “perpetrator” may not be admissible evidence in a court of law). The biggest obstacle to the eradication of the practice of torture by the Police is the apathy with which the State machinery as a whole, and those in the higher strata of society (including judges, lawyers and the comparatively well to do), look upon it. Somehow, the idea lurking at the back of their minds is that, after all, if one becomes a victim of a crime, it is the Police that one turns to in order to have the matter investigated and the perpetrators brought to book, and if the Police accomplish that task, there is no harm in their using torture on those suspected of the crime as part of their investigation. This old idea, not articulated very much now, still prevails with some. There also used to be an idea that a police officer worth his salt must be a man who is prepared to resort even to torture if he cannot otherwise get hold of a culprit. Foreword xi The eradication of police torture must therefore begin with a change of attitude to it on the part of judges, lawyers and the intelligentsia in general. The evils of torture, how it will subvert criminal justice, and where it will lead us, must be something we all come to realize. The endeavours made by Mr. Basil Fernando towards that end in Sri Lankan society during the last quarter of a century have no parallel. Almost single-handedly, he has waged an all out war on the practice of torture in Sri Lanka and in other Asian countries. His endeavours are writ large in his numerous publications, and have been well-articulated in the innumerable seminars, workshops and discussions he has organized or attended. This book is yet another important publication of Mr. Basil Fernando, and everyone interested in upholding human rights and freedom will find it of value. xii TORTURE: An entrenched part of cruel, inhuman & degrading legal systems Contents 1 Introduction This book consists of several essays written over a long period of time. They all converge on the problem of impunity and the impact it has on individuals and the legal system as a whole.
Load more

Recommended publications
  • Discourses of Ethno-Nationalism and Religious Fundamentalism
    DISCOURSES OF ETHNO-NATIONALISM AND RELIGIOUS FUNDAMENTALISM SRI LANKAN DISCOURSES OF ETHNO-NATIONALISM AND RELIGIOUS FUNDAMENTALISM By MYRA SIVALOGANATHAN, B.A. A Thesis Submitted to the School of Graduate Studies In Partial Fulfillment of the Requirements for the Degree Master of Arts McMaster University © Copyright by Myra Sivaloganathan, June 2017 M.A. Thesis – Myra Sivaloganathan; McMaster University – Religious Studies. McMaster University MASTER OF ARTS (2017) Hamilton, Ontario (Religious Studies) TITLE: Sri Lankan Discourses of Ethno-Nationalism and Religious Fundamentalism AUTHOR: Myra Sivaloganathan, B.A. (McGill University) SUPERVISOR: Dr. Mark Rowe NUMBER OF PAGES: v, 91 ii M.A. Thesis – Myra Sivaloganathan; McMaster University – Religious Studies. Abstract In this thesis, I argue that discourses of victimhood, victory, and xenophobia underpin both Sinhalese and Tamil nationalist and religious fundamentalist movements. Ethnic discourse has allowed citizens to affirm collective ideals in the face of disparate experiences, reclaim power and autonomy in contexts of fundamental instability, but has also deepened ethnic divides in the post-war era. In the first chapter, I argue that mutually exclusive narratives of victimhood lie at the root of ethnic solitudes, and provide barriers to mechanisms of transitional justice and memorialization. The second chapter includes an analysis of the politicization of mythic figures and events from the Rāmāyaṇa and Mahāvaṃsa in nationalist discourses of victory, supremacy, and legacy. Finally, in the third chapter, I explore the Liberation Tiger of Tamil Eelam’s (LTTE) rhetoric and symbolism, and contend that a xenophobic discourse of terrorism has been imposed and transferred from Tamil to Muslim minorities. Ultimately, these discourses prevent Sri Lankans from embracing a multi-ethnic and multi- religious nationality, and hinder efforts at transitional justice.
    [Show full text]
  • Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Volume 2
    Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Edited by Asanga Welikala Volume 2 18 Failure of Quasi-Gaullist Presidentialism in Sri Lanka Suri Ratnapala Constitutional Choices Sri Lanka’s Constitution combines a presidential system selectively borrowed from the Gaullist Constitution of France with a system of proportional representation in Parliament. The scheme of proportional representation replaced the ‘first past the post’ elections of the independence constitution and of the first republican constitution of 1972. It is strongly favoured by minority parties and several minor parties that owe their very existence to proportional representation. The elective executive presidency, at least initially, enjoyed substantial minority support as the president is directly elected by a national electorate, making it hard for a candidate to win without minority support. (Sri Lanka’s ethnic minorities constitute about 25 per cent of the population.) However, there is a growing national consensus that the quasi-Gaullist experiment has failed. All major political parties have called for its replacement while in opposition although in government, they are invariably seduced to silence by the fruits of office. Assuming that there is political will and ability to change the system, what alternative model should the nation embrace? Constitutions of nations in the modern era tend fall into four categories. 1.! Various forms of authoritarian government. These include absolute monarchies (emirates and sultanates of the Islamic world), personal dictatorships, oligarchies, theocracies (Iran) and single party rule (remaining real or nominal communist states). 2.! Parliamentary government based on the Westminster system with a largely ceremonial constitutional monarch or president. Most Western European countries, India, Japan, Israel and many former British colonies have this model with local variations.
    [Show full text]
  • Transparency International Sri Lanka V. Presidential Secretariat
    At the Right to Information Commission of Sri Lanka Transparency International Sri Lanka v. Presidential Secretariat RTICAppeal/06/2017 Appeals heard as part of the meetings of the Commission on 12.06.2017 (RTIC Appeal/05/2017); 19.06.2017( RTIC Appeal/06/2017); 08.08.2017, 25.09.2017, 06.11.2017; 08.01.2018; 23.02.2018 (delivery of Order on Jurisdiction);24.04.2018 (amendment of papers by Appellant);26.06.2018; 04.09.2018 and 30.10.2018 Record of Proceedings and Order On Merits delivered on 4th December 2018 Chairperson: Mr. Mahinda Gammampila Commission Members: Ms. Kishali Pinto-Jayawardena Mr. S.G. Punchihewa Dr. Selvy Thiruchandran Justice Rohini Walgama Appellant: Transparency International Sri Lanka Notice issued to: Secretary to the President, Presidential Secretariat Information Request filed to Presidential Secretariat on 03.02.2017 Response by Information Officer on 06.03.2017 Appeal filed to Designated Officer on 10.03.2017 Response by Designated Officer on 20.03.2017 Appeal filed to RTI Commission on 19.05.2017 Written Submissions/Further Written Submissions filed on; (By the Appellant: 25.07.2017, 23.10.2017, 04.01.2018; 08.01.2018; 25. 06. 2018; 25.10.2018; 23.11.2018) (By the Respondent: Presidential Secretariat: 31.07.2017, 08.09.2017; 03.01.2018; 04.09.2018) Appearance/ Represented by: Counsel for the Appellant (appearing at various times during the hearing of the appeal): Mr. Gehan Goonetilleka, AAL Ms Sankhitha Guneratne, AAL 1 At the Right to Information Commission of Sri Lanka Counsel for the PA (Presidential Secretariat): Mr.
    [Show full text]
  • The Impacts of Small Arms Availability and Misuse in Sri Lanka
    In the Shadow of a Cease-fire: The Impacts of Small Arms Availability and Misuse in Sri Lanka by Chris Smith October 2003 A publication of the Small Arms Survey Chris Smith The Small Arms Survey The Small Arms Survey is an independent research project located at the Graduate Institute of International Studies in Geneva, Switzerland. It is also linked to the Graduate Institute’s Programme for Strategic and International Security Studies. Established in 1999, the project is supported by the Swiss Federal Department of Foreign Affairs, and by contributions from the Governments of Australia, Belgium, Canada, Denmark, Finland, France, the Netherlands, New Zealand, Norway, Sweden, and the United Kingdom. It collaborates with research institutes and non-governmental organizations in many countries including Brazil, Canada, Georgia, Germany, India, Israel, Jordan, Norway, the Russian Federation, South Africa, Sri Lanka, Sweden, Thailand, the United Kingdom, and the United States. The Small Arms Survey occasional paper series presents new and substantial research findings by project staff and commissioned researchers on data, methodological, and conceptual issues related to small arms, or detailed country and regional case studies. The series is published periodically and is available in hard copy and on the project’s web site. Small Arms Survey Phone: + 41 22 908 5777 Graduate Institute of International Studies Fax: + 41 22 732 2738 47 Avenue Blanc Email: [email protected] 1202 Geneva Web site: http://www.smallarmssurvey.org Switzerland ii Occasional Papers No. 1 Re-Armament in Sierra Leone: One Year After the Lomé Peace Agreement, by Eric Berman, December 2000 No. 2 Removing Small Arms from Society: A Review of Weapons Collection and Destruction Programmes, by Sami Faltas, Glenn McDonald, and Camilla Waszink, July 2001 No.
    [Show full text]
  • Report of the Secretary-General's Panel Of
    REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA 31 March 2011 REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA Executive Summary On 22 June 2010, the Secretary-General announced the appointment of a Panel of Experts to advise him on the implementation of the joint commitment included in the statement issued by the President of Sri Lanka and the Secretary-General at the conclusion of the Secretary-General’s visit to Sri Lanka on 23 March 2009. In the Joint Statement, the Secretary-General “underlined the importance of an accountability process”, and the Government of Sri Lanka agreed that it “will take measures to address those grievances”. The Panel’s mandate is to advise the Secretary- General regarding the modalities, applicable international standards and comparative experience relevant to an accountability process, having regard to the nature and scope of alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka. The Secretary-General appointed as members of the Panel Marzuki Darusman (Indonesia), Chair; Steven Ratner (United States); and Yasmin Sooka (South Africa). The Panel formally commenced its work on 16 September 2010 and was assisted throughout by a secretariat. Framework for the Panel’s work In order to understand the accountability obligations arising from the last stages of the war, the Panel undertook an assessment of the “nature and scope of alleged violations” as required by its Terms of Reference. The Panel’s mandate however does not extend to fact- finding or investigation.
    [Show full text]
  • 42459-014: Local Government Enhancement Sector Project
    Environmental Monitoring Report Project Number 42459-014 Loan 3431 Semestral Report July to December 2020 April 2021 Sri Lanka: Local Government Enhancement Sector Project Additional Financing (LGESP-AF) Prepared by LGESP (Pura Neguma) Project Management Unit for the State Ministry of Provincial Councils and Local Government Affairs, Colombo, Sri Lanka and the Asian Development Bank. This environmental monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgements as to the legal or other status of any territory or area. Government of Sri Lanka State Ministry of Provincial Councils & Local Government Affairs Semi Annual Environmental Safeguard Monitoring Report (HY2 - 2020 : 01 July 2020 to 31 December 2020) January 2021 Local Government Enhancement Sector Project - Additional Financing ADB Loan Number 3431 - SRI Project Management Unit Local Government Enhancement Sector Project 191 A, J R Jayewardene Centre, Dharmapala Mawatha, Colombo 07, Sri Lanka 2 ABBREVIATIONS ADB - Asian Development Bank AF - Additional Financing CEA - Central Environmental Authority CKD - Chronic Kidney Disease Management DSC - Design and Supervision Consultants EIA - Environmental Impact Assessment
    [Show full text]
  • Meezan Academic and Professional Journal Comprising Scholarly and Student Articles
    ANMEEZAN ACADEMIC AND PROFESSIONAL JOURNAL COMPRISING SCHOLARLY AND STUDENT ARTICLES ND 52 EDITION Edited by: Afra Laffar Zaid Muzam Ali Fahama Abdul Latheef All rights reserved, The Law Students’ Muslim Majlis Sri Lanka Law College Cover Design: Harshana Jayaratne Copyrights All material in this publication is protected by copyright, subject to statutory exceptions. Any unauthorized of The Law Students’ Muslim Majlis, may invoke inter alia liability for infringement of copyright. Disclaimer All views expressed in this production are those of the respective author and do not represent the opinion of The Law Students’ Muslim Majlis or Sri Lanka Law College. Unless expressly stated, the views expressed are the author’s own and are not to be attributed to any instruction he or she may present. Submission of material for future publications The Law Students’ Muslim Majlis welcomes previously unpublished original articles or manuscripts for publication in future editions of the "Meezan". However, publication of such material would be at the discretion of the Law Students’ Muslim Majlis, in whose opinion, such material must be worthy of publication. All such submissions should be in duplicate accompanied with a copy on a compact disk and contact details of the contributor. All communication could be made via the address given below. Citation of Material contained herein Citation of this publication may be made due regard to its protection by copyright, in the following fashion: 2018, issue 52ndMeezan, LSMM. Review, Responses and Criticism The Law Students’ Muslim Majlis welcome any reviews, responses and criticism of the content published in this issue. The President The Law Students’ Muslim Majlis Sri Lanka Law College, 244, Hulftsdrop Street, Colombo 12.
    [Show full text]
  • The Sri Lankan Insurgency: a Rebalancing of the Orthodox Position
    THE SRI LANKAN INSURGENCY: A REBALANCING OF THE ORTHODOX POSITION A thesis submitted for the degree of Doctor of Philosophy by Peter Stafford Roberts Department of Politics and History, Brunel University April 2016 Abstract The insurgency in Sri Lanka between the early 1980s and 2009 is the topic of this study, one that is of great interest to scholars studying war in the modern era. It is an example of a revolutionary war in which the total defeat of the insurgents was a decisive conclusion, achieved without allowing them any form of political access to governance over the disputed territory after the conflict. Current literature on the conflict examines it from a single (government) viewpoint – deriving false conclusions as a result. This research integrates exciting new evidence from the Tamil (insurgent) side and as such is the first balanced, comprehensive account of the conflict. The resultant history allows readers to re- frame the key variables that determined the outcome, concluding that the leadership and decision-making dynamic within the Liberation Tigers of Tamil Eelam (LTTE) had far greater impact than has previously been allowed for. The new evidence takes the form of interviews with participants from both sides of the conflict, Sri Lankan military documentation, foreign intelligence assessments and diplomatic communiqués between governments, referencing these against the current literature on counter-insurgency, notably the social-institutional study of insurgencies by Paul Staniland. It concludes that orthodox views of the conflict need to be reshaped into a new methodology that focuses on leadership performance and away from a timeline based on periods of major combat.
    [Show full text]
  • RAYS of HOPE AMIDST DEEPENING GLOOM Report No 10
    RAYS OF HOPE AMIDST DEEPENING GLOOM Report No 10 CONTENTS PREFACE CHAPTER 0 Special Feature : Massacre in the Jaffna Lagoon 0.1 Press Reports 0.2 The background 0.3 The Massacre 0.4 Government responsibility and responses 0.5 Bad laws and corruption 0.6 The responsibility of other organisations CHAPTER 1 The South: War, Democracy & Human Rights 1.1 Failure of democracy and the culture of repression 1.2 Crucial differences 1.3 The armed forces and the nemesis of lawlessness 1.4 Reporting and National Unity Operations in the North 1.5 Peace Moves 1.6 The Role of NGOs, Religious bodies and Non-party organisations CHAPTER 2 The Maskade Chain - Tamil Detainees of the SriLanka Forces 2.1 Introduction 2.2 Cases 2.3 Prisoners & International Organisations CHAPTER 3 The LTTE and the Emerging Society in Jaffna 1 3.1 Priorities 3.2 Effects on the Organisation 3.3.Influence on Caste 3.4 Impact on the Middle Class 3.5.The Role of Institutions CHAPTER 4 The Jaffna Gulag 4.0 An overview 4.1 What motivates the Tigers to hold so many prisoners? 4.2 The Wardens of the Gulag 4.3 Merchants in Prison 4.4 Other Detainees 4.5 Dangers faced by detainees - further information 4.6 Detainees and the ICRC 4.7 Malli Camp 4.8 Prisoners and Caste 4.9. The Deserting Recruit CHAPTER 5 North - East Notes 5.1 General 5.2 Mannar 5.2.1 Security 5.2.2 Refugees 5.2.3 The Vankalai mystery 5.3 Coconuts and the fate of the North -East 5.4 Wanni: The people and the Tigers 5.4.1 Executions in the Wanni: Monday, 6th July 1992.
    [Show full text]
  • An Imperative for Sri Lanka!
    ANMEEZAN ACADEMIC AND PROFESSIONAL JOURNAL COMPRISING SCHOLARLY AND STUDENT ARTICLES 53RD EDITION EDITED BY: Shabna Rafeek Shimlah Usuph Shafna Abul Hudha All rights reserved, The Law Students’ Muslim Majlis Sri Lanka Law College Cover Design: Arqam Muneer Copyrights All material in this publication is protected by copyright, subject to statutory exceptions. Any unauthorized of the Law Students’ Muslim Majlis, may invoke inter alia liability for infringement of copyright. Disclaimer All views expressed in this production are those of the respective author and do not represent the opinion of the Law Students’ Muslim Majlis or Sri Lanka Law College. Unless expressly stated, the views expressed are the author’s own and are not to be attributed to any instruction he or she may present. Submission of material for future publications The Law Students’ Muslim Majlis welcomes previously unpublished original articles or manuscripts for publication in future editions of the “Meezan”. However, publication of such material would be at the discretion of the Law Students’ Muslim Majlis, in whose opinion, such material must be worthy of publication. All such submissions should be in duplicate accompanied with a compact disk and contact details of the contributor. All communication could be made via the address given below. Citation of Material contained herein Citation of this publication may be made due regard to its protection by copyright, in the following fashion: 2019, issue 53rd Meezan, LSMM Review, Responses and Criticisms The Law Students’ Muslim Majlis welcome any reviews, responses and criticisms of the content published in this issue. The President, The Law Students’ Muslim Majlis Sri Lanka Law College, 244, Hulftsdorp Street, Colombo 12 Tel - 011 2323759 (Local) - 0094112323749 (International) Email - [email protected] EVENT DETAILS The Launch of the 53rd Edition of the Annual Law Journal -MEEZAN- Chief Guest Hon.
    [Show full text]
  • Humanitarian Operation Factual Analysis July 2006 – May 2009
    HUMANITARIAN OPERATION FACTUAL ANALYSIS JULY 2006 – MAY 2009 MINISTRY OF DEFENCE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA HUMANITARIAN OPERATION FACTUAL ANALYSIS JULY 2006 – MAY 2009 MINISTRY OF DEFENCE JULY 2011 DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Humanitarian Operation—Factual Analysis TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY 1 A. Overview of this Report 1 B. Overview of the Humanitarian Operation 1 PART ONE II. BACKGROUND 4 A. Overview of the LTTE 4 B. LTTE Atrocities against Civilians 6 C. Use of Child Soldiers by the LTTE 10 D. Ethnic Cleansing Carried out by the LTTE 10 E. Attacks on Democracy by the LTTE 11 F. The Global Threat posed by the LTTE 11 G. Proscription of the LTTE 12 III. SIZE AND SCOPE OF THE LTTE 13 A. Potency of the LTTE 13 B. Number of Cadres 14 C. Land Fighting Forces 14 D. The Sea Tiger Wing 17 E. The Air Tiger Wing 20 F. Black Tiger (Suicide) Wing 22 G. Intelligence Wing 22 H. Supply Network 23 I. International Support Mechanisms 25 J. International Criminal Network 27 – iii – Humanitarian Operation—Factual Analysis Page IV. GOVERNMENT EFFORTS FOR A NEGOTIATED SETTLEMENT 28 A. Overview 28 B. The Thimpu Talks – July to August 1985 29 C. The Indo-Lanka Accord – July 1987 30 D. Peace Talks – May 1989 to June 1990 32 E. Peace Talks – October 1994 to April 1995 33 F. Norwegian-Facilitated Peace Process – February 2002 to January 2008 35 G. LTTE Behaviour during 2002–2006 37 PART TWO V. RESUMPTION OF HOSTILITIES 43 VI. THE WANNI OPERATION 52 VII.
    [Show full text]
  • Research for Research's Sake Or Research for People's Sake Research for Research's Sake Or Research for People's Sake
    The Island OPINION Tuesday 1st June, 2010 Views LETTERS 9 n 17th May 2010, India Ramachandran, Karunanidhi and banned the LTTE as an more recently Viko, Nedumaran Ounlawful association under and Tamil film director Simon from Research for research's sake or the Unlawful Activities South India acted as if Sri Lanka Research for research's sake or (Prevention) Act. The gazette notifi- were a part of India and they can cation states “the Central dictate terms to Sri Lankan people. Government is of the opinion With the defeat of the LTTE in that…activities of the LTTE contin- Sri Lanka, President Mahinda researchresearch forfor people'speople's sakesake ue to pose a threat to and are detri- Rajapaksa and other decision mak- mental to the sovereignty and the ers should act decisively to rid the territorial integrity of India.. country of the separatist political therefore, should be declared as an spectre which devoured tens of Unlawful Association.” thousands of Sri Lankan lives. A section of the Tamil popula- Taking a cue from the Indian resolve tion in Sri Lanka as well as in India new stringent laws should be intro- who desire the destruction of both duced urgently to ban all political countries to create a new sovereign and other movements threatening Tamil country even by another the sovereignty and the territorial name logically should include integrity of the land. A new, effec- Tamil Nadu. tive code of Hence, the issue ethics should be of Eelam is a introduced to subject of inter- LTTE’s manage the est especially to affairs of the n interesting news item caught my grassroots level is the destruction of time tially, the Ministry of Science and the South Asian INGO and eye in your 28th Friday newspaper.
    [Show full text]