Issue No. 133 October - December 2011

By Shanie

Jaffna Fort

Human Rights Review : October - December Institute of Human Rights 2 INSIDE THIS ISSUE:

Editorial 03

Current issues :

Media Freedom ♦ Free media seeks SC order to lift ban on websites 05 ♦ Ekneligoda disappearance trial postponed till Dec 20

Human Rights Violations • Protect HR defenders : ‘UN CAT’ tells Govt. 06 • Human Rights situation in SL should improve : Akashi • Missing : Post war abductions rise 07 • Lanka law student ‘assaulted again’ 08

Situation in the North • ‘Big and small’ brothers gang up against people’s rights 09 • Impunity and civic irresponsibility • Oppressed North; Lawless south 10 • Were detainees sadistically beaten at A’pura? 11 • Old war torn areas still have military ghosts 12 • Refugees in ; refugees in 13

War Crime Charges • Committee against torture slams Sri Lanka 14 • War crimes allegations: Canadian FM upbraids Lanka

Corruption & Impunity • White vans now dole out justice! 15 • SL Government whitevanning • Excerpts from an interview given by Justice C. V. Wigneswaran 17

Unit Reports Legal Unit 17 Restoration & Protection Unit 18 Education Unit 19

Staff Information 20

Edited by Layout designed by Cover Page Pictures Leela Isaac Hashini Rajaratna - 26/11/2011

Human Rights Review : October - December 2 Institute of Human Rights

3 EDITORIAL

WILL THERE BE A REGIME CHANGE IN SRI LANKA?

regime change takes place only if the majority of people in a country want a change. In Sri Lanka to- A day not many people would want it. After 30 years of war and terror, people are able to get about with- out fear, safe in the knowledge that the LTTE has been annihilated. It is this regime, the Rajapakse regime that made it possible and so the sense of gratitude is very strong among the people. It is this feeling that makes the people vote for the Rajapaksas time and time again. All other feelings of frustration simply evapo- rate, when they remember the bomb explosions of the past in contrast to the peace and security they enjoy today.

There is also no opposition waiting in the wings to take over power. Slowly but steadily a merger is taking place before our very eyes, in parliament. The UNP which is still the largest opposition party has more or less merged with the UPFA, disregarding the voters who sent them to parliament to oppose the same UPFA government! The UNP leader Ranil Wickramasinghe is now safe in the arms of President Mahida Raja- paksa, bound to enjoy eternal bliss as the permanent leader of the opposition, to prevent it from bringing about a regime change. Ranil Wikramasinghe is today hated by many of the UNP supporters who don’t even bother to vote at elections. But he clings to his position supported by the government and the president. To- gether they will not allow a regime change. After the recent election of the UNP leaders as a newspaper col- umnist has said, “The UNP lost, Ranil won and got his Christmas gift!”

The other opposition party, the JVP has been divided and sub-divided so many times that it cannot raise its head again. People do not vote for that party because they cannot forgive or forget the atrocities committed by its members in the late 1980s although , one of its leading active members during that period is today a popular cabinet minister, close to the president. The JVP that moved away from the government is so helpless today that it has to appeal to the “hated” international community to secure the release of its Jaffna district organizer Lalith Kumar and Kugan Muruganandan who were abducted by an unidentified gang of armed men on December 9th, while organizing a rally in Jaffna. This incident is blamed on the government. In short the JVP cannot initiate a regime change.

This regime is being criticized by the UN and the international community for not investigating war crimes and for the many abductions and disappearances that happened then and continue even today. But a majority of Sri Lankans, other than those in the North and East do not want the Western powers to interfere in our internal affairs. They feel we need to protect our president from these ‘international vultures’’. These ‘vultures’ include America, the western countries and the UN. “If the leaders of these countries could ignore the UN and bomb countries beyond their borders, with impunity killing so many civilians, what moral right do they have to question us?” they ask. “Our president bombed only our own ‘Terrorists’, may be killing some civilians in the process. These civilians could have included women and children but they were all LTTE sup- porters or sympathizers”. Stretching this point further they could even ask, (as Kumar David puts it) “Americans, British and various colonials have a criminal record of human rights violations, so what’s wrong if we enjoy our share of war crimes?’ we can also tell those who accuse us , “He that is without sin among you, let him first cast a stone” and there will be no one, as it happened in the case of the accusers of the woman brought before Jesus Christ. With such strong popular support, this regime will continue for a very long time.

There are some who do not brand all Tamils as Tiger supporters or sympathizers and realise that thousands of Tamil civilians may have perished in the last battle. But even they do not blame the regime or support an investigation of its war crimes. They argue that neither we nor Banki Moon and his UN, nor the international community, nor our big neighbor India made a serious attempt to stop the killings. We allowed it to happen because all of us wanted an end to the 30 year war. Today all of us enjoy the benefits of that (Continued on page 04)

Human Rights Review : October - December 3 Institute of Human Rights EDITORIAL 4

(Continued from page 03) massacre on the shores of Nandikadal. It is that final battle where thousands of civilians (along with LTTE carders) died (according to some international sources) that brought us this peace. Today if we are free to travel to any part of the country without fear, it is this regime that made it possible. As we are all responsible for the war we have no right to point a finger at the regime or demand a regime change.

Those civilians mostly in the North and East would want a regime change hoping that could lead to war crimes investigations. Parents affected by the war want to know whether their children are dead or being held in a torture camp. They have to know the truth however devastating it maybe before they can forgive and forget. It’s only after the truth is revealed and they come to terms with it, can reconciliation begin. The regime seems to believe that reconciliation can be achieved by hiding the truth and promoting economic de- velopment. Since the present regime will never reveal the truth, or release the former army commander who could explain what actually took place during the last days of the war, the only option left for these long suf- fering people seems a regime change. Only when the government is headed by those who had nothing to do with the war will the truth be known.

Victims of Human Rights violations, like the families of all those who have disappeared like Ek- nelogoda or killed in broad day light like Lasantha and Raviraj or the hundreds who have been abducted over the years by unknown armed gangs in white vans also want a regime change. They realise that there is a close link between crime and political power today. Not only politicians but persons even remotely connected to them feel that the laws of the country do not apply to them. They can shoot and kill an ‘enemy’ or a rival in the presence of hundreds of people in the street and get the CID to ‘prove’ that it was the dead man who fired the first shot. The killer can be proved innocent and the victim the villain. Out of the hundreds who wit- nessed the killing not one will come forward to tell the truth. Fear would seal their lips. This blatant abuse of power and distortion of justice cannot continue, this regime must change, they say.

Those who seek lasting peace and stability also look forward to a regime that would sincerely imple- ment a political solution, granting devolution of power specially to the North and East. They feel that only if such a political solution is offered can we expect the war affected minorities not to conspire against the state and plan another insurgency, wreaking terror. They do not believe in the “elephant analogy” which is as fol- lows: “compared to us human beings the elephants are a very small number and we could easily kill them all and grab their traditional territory, so with Tamils who are a very small minority among us”. They believe that disgruntled neighbours, even if they are small in number are always a threat to peace and stability. It is bet- ter to remove their grievances rather than kill them all, as we are Buddhists who do not suffer from the Maha- wansa mindset “where arahants refer to Damilas who were not Buddhists (in King Elara’s army) as not more to be esteemed than beasts whose slaughter need not be lamented”. For the sake of peace and stability this group would welcome a regime change.

When the president had asked (leader of the Democratic People’s Front) recently to advise the TNA to come back for talks, so that a solution could be found, Ganesan is reported to have pointed out that since the president enjoys the largest support base among the Sinhalese, he could easily bring in a solution that would not be opposed by the Sinhalese majority. That seems to be the truth. What is obvious then is that the president himself is not interested in a political solution. Now that the LTTE has been elimi- nated he does not see the need for any other solution. The military solution has been very successful. There- fore whatever solutions are offered to him he simply discards, including his own APRC Expert Panel Report. Now, the next commission appointed by the president, the LLRC has submitted its report to him after 17 months of toil. The commission takes the view that the root causes of the ethnic conflict lie in the failure of successive governments to address the genuine grievances of the Tamil people and a political solution based on devolution is imperative for lasting peace. These recommendations will not please the president and the (Continued on page 05)

Human Rights Review : October - December 4 Institute of Human Rights

5 CURRENT ISSUES (Continued from page 04) LLRC report may join the APRC report in the president’s dustbin!

As to the question, “will there ever be a ‘Tahrir square’ in Sri Lanka?” the best answer is provided by Kawshalya ( December 28th 2011). Commenting on a massive crowd that stood in an unbro- ken line from Kotte to the Vihara Mahadevi park to cheer and support the demonic 18th Amendment of which they knew nothing she says “Their ignorance could have been pardoned had not they willingly or otherwise become the actors of a farce staged and scripted by the politicians who showed the world the magnitude of our political illiteracy”. We choose to be illiterate and not read the clear writing on the wall. Tahrir square is not for us.

And yet there are a few flickers of hope now and then, like a sane statement from the Friday forum with Jayanta Dhanapala and also sporadic demonstrations against acts of injustice, like the demonstration over the Habaraduwa OIC’s transfer. Here the people have protested against a powerful politician trying to punish an honest police officer for arresting all criminals irrespective of who they were. If more people come forward to fight corruption, injustice and the abuse of power, there may be some hope of a regime change, but what is more likely to happen is that this regime will continue merrily to go down the primrose path taking the country along with it.

INTEGRITY LEVELS MUST IMPROVE ALL-ROUND: DR. DHANAPALA

Top retired diplomat Dr. should be consolidated through the secretly drafted legislation Jayantha Dhanapala said that po- political solutions, genuine recon- through the Supreme Court as be- litical stability and miraculous eco- ciliation, an investment friendly ing in the national interest and nomic development would not re- environment and state reform,” he ramming it through Parliament sult over the achievement of a said. with a steamroller majority. military victory over the ruthless Dr. Dhanapala said that terrorism of the LTTE. “The victory good governance was not rushing -Daily Mirror - 12/12/2011

Free media seeks SC order Ekneligoda disappearance trial to lift ban on websites postponed till Dec.20 Contradictory statements by former AG & a murder suspect The Free Media Movement yesterday With new developments on the disappearance filed a fundamental rights violation petition in of journalist Prageeth Ekneligoda, where two contradic- the Supreme Court seeking the lifting of the ban tory statements have been made by a former Attorney on five websites in Sri Lanka. General and a suspect in the Baratha Lakshman Premachnadra killing, Homagama Magistrate postponed The websites named were Sri Lanka Mir- evidence of the main complainant, the wife of the miss- ror, Lanka Guardian, Lanka E-News, Lanka News ing journalist. Web and Papparazi news.com The magisterial inquiry was postponed when the counsel for the journalist’s family informed court It was cited in the petition that the Di- that former AG, Mohan Peiris recently at the United rector of Information Dr Ariyaratne Ethugala had Nationals Committee Against torture had said that said that the reason to ban the websites was due Eknaligoda was living in a foreign country while accord- to them carrying news defaming to Ministers and ing to two news website reports, one Dematagoda VIPs, but it argued that hitherto no complaints Chamnda had said that the journalist’s dead body was had been received to that effect from anyone. thrown into the sea. The Island- 06/12/2011 -Daily Mirror - 10/12/2011

Human Rights Review : October - December 5 Institute of Human Rights CURRENT ISSUES 6

PROTECT HR DEFENDERS: ‘UN CAT’TELLS GOVT.

he UN Committee Against Torture (CAT) in its yesterday. T concluding observations on Sri Lanka has called on the government to take prompt and effec- “The Committee is seriously concerned about tive measures to address what it described as “an reports received from non-governmental sources re- extremely hostile environment for human rights de- garding secret detention centres run by the Sri fenders, lawyers, journalists and other civil society Lankan military intelligence and paramilitary groups actors in Sri Lanka.” where enforced disappearances, torture and extraju- dicial killings have allegedly been perpetrated,” the The Committee welcomed several govern- UN CAT said in its report. ment initiatives including the National Plan of Action for Children, the establishment of the Lessons Learnt The report also said, “Following the LLRC ini- and Reconciliation Commission (LLRC and the consul- tiative, the State party should promptly launch im- tations with civil society groups on the elements to partial and effective investigations into all allegations be incorporated into the draft National Action Plan on of violations of the Convention, including torture, Human Rights. rape, enforced disappearances and other forms of ill- treatment, said to have occurred during the last However, it reiterated concerns about the stages of the conflict and in the post-conflict phase, existence of secret detention facilities with a view to holding accountable those responsible “notwithstanding the statement of the Sri Lankan and providing effective redress for victims of such delegation categorically denying all allegations,” in violations.” the Advance Unedited Version of the observations -Daily Mirror - 26/11/2011 issued at the conclusion of its 47th session in Geneva

HUMAN RIGHTS SITUATION IN SL SHOULD IMPROVE: AKASHI

apan's Special Peace and Reconciliation Envoy to Sri Lanka Yasushi Akashi stated yesterday that Sri J Lanka needs to focus on human rights. "There is a vital need to improve the human rights situation in Sri Lanka," he said. Akashi also expressed the Japanese government’s expectation that the Lessons Learnt and Recon- ciliation Commission (LLRC) would be made public in due course. "We also hope that the recommendations of the report would be implemented," he said. Akashi further stated that he had been briefed on and appre- ciated the lifting of the state of emergency and formulation of the National Action Plan for the Protection and Promotion of Human Rights. The Special Envoy who met with members of the expressed the view that there was "a common perception of insecurity". He further stated that there was no means for the Japanese government to verify if these reports were accurate. -Daily Mirror - 01/12/2011

Human Rights Review : October - December 6 Institute of Human Rights CURRENT ISSUES 7 Cannot condone continued imprisonment of - Ven. Sobitha Thera

The chief incumbent of the Naga Vihara in the country and do an honest, frank and candid sur- Kotte, the Ven. Maduluwave Sobitha Thera says that vey right now, you will be able to ascertain that 95 former army commander Sarath Fonseka is ‘being per cent of them want Fonseka released from prison. politically victimized and imprisoned’ due to several It is as simple as that. It is no surprise that the for- cases filed by the current UPFA administration. mer army commander is currently facing this dire predicament not due to any reason but the stance he In an interview with Jatila Karawita, Ven. So- took in daring to challenge the president as a con- bitha Thera said that as a Buddhist monk, he accepts testant at the 2010 presidential polls. I myself, as a any verdict given by a court of law in the country but Buddhist monk, have been leading several protests, he cannot condone the continued imprisonment of agitation campaigns and demonstrations to see the ex-army chief turned war hero, when the same whether the government would free the ex-army courts of law tend to free murderers, rapists, drug chief. So far our efforts have been futile but I will not addicts and other criminals -- which in his view is a rest till he is freed. travesty of justice. What I cannot fathom is the continued unjust impris- Excerpts: onment of the very person who freed this country As a monk you have been quite prominent in from the clutches of the Tigers, thereby ending 30 trying to get former army commander Sarath years of the scourge of terrorism, while at the same Fonseka released from jail. Could you brief us time, various courts tend to free murderers, killers, on the role you have been playing in this con- rapists, drug addicts and others involved in nefarious nection? activities. To me this is a clear travesty of justice and at the same time, political victimization of Sarath Yes, I have taken a prominent role in the agitation Fonseka by the UPFA regime. campaigns that are mounted in order to get Sarath - Lakbimanews– 04/12/2011 Fonseka freed from jail. If you talk to the people in

Missing: Post War Abductions Rise Missing in 2011 January 17 – Two school boys abducted by men in a November 21 – Fish trader abducted in Dematagoda white van in Mannar November 13 – Businessman Kapila Chaminda Ban- February 11 – Human Rights activist Pattani Razeek dara abducted in Nugegoda reported missing November 29 – Jaffna University student Vetharani- March 4 – Thushara Jayaratne, a final year Law Col- yam Latheesh reported missing lege student, was abducted December 3 – Ruwan Chandimal ‘Navy Ruwan’ re- May 1 – Jaffna teenager Thiruchelvan Kajeedan re- ported missing ported missing in December 5 – Businessman Christopher Fernando May 20 – Diluxon Anandarajaha reported missing in abducted in Kotahena Batticaloa December 6 – A Tamil youth reported abducted in June 2 – Malathi, a 15 year old girl, was abducted Jaffna -Sunday Leader - 11/12/2011 June 26 – Balachandran Satkurunadan was abducted and killed in Jaffna

Human Rights Review : October - December 7 Institute of Human Rights CURRENT ISSUES 8

Lanka Law Student ‘Assaulted Again’ failed to launch any inquiry, the UN was informed. D. M. Thushara Jayaratne, the “Human rights organisations have “We are concerned about his secu- whistleblower of alleged exam mal- protested against this treatment rity and call upon everyone to re- practices by Namal Rajapaksa, MP, and requested a credible inquiry quest the government to inquire says he was assaulted by a group into his allegations. However, no into this matter and also to provide of men on Thursday at a safe such inquiry has been conducted,” him the security that he is entitled house. AHRC Director Basil Fernando, to,” Basil Fernando added. Harass- Lack of investigations said. ment, intimidation and attacks The Asian Human Rights Commis- Mr. Jayaratne was previously ab- against human rights defenders sion (AHRC), has also raised seri- ducted, assaulted and regularly who expose abuses in Sri Lanka ous concerns over the lack of in- intimidated after he lodged com- are not uncommon, according to vestigations into the continued at- plaints against President Mahinda Amnesty International (AI). tacks on the rights defender. Rajapaksa’s son, according to a “Many victims of human rights The recent attack follows threats complaint lodged earlier this year abuses feel an increased sense of and intimidation last year when with the UN Special Rapporteur on insecurity as there is a lack of Thushara publicly complained that Human Rights Defenders. credible domestic mechanisms for President Rajapaksa’s son received While the national Human Rights filing and investigating com- preferential treatment in his exams Commission has refused to enter- plaints,” added Ms Foster, AI’s re- at the Law College. tain his complaints, the police have searcher on Sri Lanka. -Sunday Leader - 04/12/2011 Two JVP rebel activists missing, feared abducted in Jaffna

Two activists of the JVP’s dissident faction are March this year, ahead of a planned demonstration missing in Jaffna and feared abducted, as the group by the JVP affiliated rights group, Api Sri Lankikaya stepped up canvassing in the North, launching a mass (We are Sri Lankans), which is campaigning for the movement with a press conference held in Jaffna yes- rights of Tamil detainees and those who have disap- terday. peared. JVP activists Lalith Kumar Weeraraj and Ku- JVP Parliamentarian has written gan Murugasan have been missing since Friday eve- to the Defence Secretary Gotabaya Rajapaksa calling ning, a colleague, Udul Premaratna told LAKBI- for his intervention to find the two members. MAnEWS. The two had been riding a bicycle from the MP Ajith Kumara, in his letter noted that the Lalith residence of Kugan in Avaragal, Kumar had been repeatedly threatened by military 14 km from Jaffna, when they were last seen, officials to give up political activism in Jaffna. he said. A separate complaint has been lodged with the Jaffna Lalith Kumar was earlier allegedly abducted police. by military intelligence operatives in Kilinochchi in -Lakbimanews - 11/12/2011

U’world kingpin abducted

An unidentified gang on ten persons, including his wife. with two powerful ruling party Wednesday night (Nov. 30) ab- Although the suspect had members, representing the West- ducted a gangster identified as been taken into custody on more ern Province. Feros, widely believed to be one of than one occasion, by the police the underworld kingpins operating investigating criminal activity, he -The Island - 02/12/2011 north of Colombo. was allowed to go free due to po- Sources said that Feros litical pressure, sources said. Feros had been accused of killing at least is alleged to have been involved

Human Rights Review : October - December 8 Institute of Human Rights CURRENT ISSUES 9

‘Big And Small’ Brothers Gang Up Against People’s Rights

Rajya Sabha MP, Dr. Sudharshana Natchiap- years after the war concluded, was a wholly adverse pan visiting Jaffna on 27 October, with a team of exposure and this one short quote from the report ‘international parliamentarians’ was pointedly asked has plenty of concerned observations summed up in by Jaffna media, if he is part of the Delhi agenda in it. ‘colour washing’ the Rajapaksa regime, neat and “Our many talks and meetings with the vari- clean. A difficult task, with other reports getting on ous categories of people, support the conclusion that the public domain. there is an attempt by the Sri Lankan government to A working visit to Sri Lanka by three Malay- inflict maximum social damage on the Tamils. Even if sian MPs, Datuk Johari Abdul (Sungai Petani), there is no more LTTE threat or resurgence, the gov- Suadara Manoharan (Teluk Intan) and Senator S. ernment wants to keep this threat alive to justify the Ramakrishnan with two other activist from 1 June to military presence everywhere in the North. Although 6 June 2011, produced a report titled, Report On the war is over, the conflict is not and civilians who Fact Finding Trip To Sri Lanka, released in Kuala may not have any part in the war, are being punished Lampur, after their return from this working visit. The severely.” report, a long peep into post war North-East, two -Sunday Leader - 30/10/2011

n the day of the re- day and the culture of violence ways remained entrenched in an O cent elections, Duminda that pervades our society. Brutal- ethnic fault line. Silva, ruling party politician, with ised by three decades of inter- One may ask, what has his entourage of armed official and racial warfare – I use the word in- this culture of violence got to do unofficial enforcers, ram- ter-racial with design and calcula- with Silva and his conduct ? It is paged through the streets of tion - and the killings of combat- that Duminda and others of his Kolonnawa, physically brutalising ants, non-combatants and the ilk, many of them occupying posi- and intimidating the opposition. other excesses that have been tions of power and influence, Although the area had part of it, our society has become are essentially products of a soci- been heavily po- ety gone feral. It is liced, the compliant Impunity And Civic Irresponsibility a society which has and neutered arm buried its conscience, of the law chose to remain limp, inured to violent death, not just by which has decided to forsake its permitting Silva an unfettered run the sheer numbers that have per- responsibility to make a conscious, of the electorate. The culmination ished but also by the manner of personal contribution to the main- was a firefight in which fellow stal- their dying. tenance of law and order, which wart Bharatha Premachandra was Life is taken, not so much tacitly condoned the extra-judicial killed, along with three others of to defend a national border, a po- killings of journalists, suspected his party and Silva himself critically litical ideology or a cherished cul- revolutionary youth and alleged injured. Reports are that Silva ture but, largely, because the per- criminals and which silently en- fired the first shot on ceived enemy speaks a different dorsed the unlawful eviction of Premachandra, whilst one of his tongue, worships a different deity marginalised citizens from high bodyguards, significantly a serving or lives by different customs. So let profile city locations. It has re- policeman, fired the rest. us not forget it; whilst vari- mained largely unresponsive and This incident encapsulates ous other equations entered our forgiving in the face of iniquities both the political culture of the war during its long duration, it al- (Continued on page 10)

Human Rights Review : October - December 9 Institute of Human Rights CURRENT ISSUES 10

(Continued from page 09) This society includes you and I. rage ,such as attacks on police visited on certain segments of so- Consequent to these events stations and other symbols of au- ciety by the State, in the name of the President has made a power- thority; spontaneous responses to development and in the pursuit of ful public statement that no one criminal acts by the very institu- victory in war. It is a society to will be permitted to take the law tions entrusted with their protec- which violent death has become a into his own hands. To me the tion, which are not uncommon mere statistic. meaning is unclear. It is actu- reactions in other communi- It is also a society which ally the rulers, their homicidal ties manacled by despotic has, by enthusiastically vot- servants and venal law enforcers, rule. The world has recently wit- ing Duminda and other Silvas of who have taken the law into their nessed a series of such incidents in similar persuasion into power, own hands. By both explicit and a literal chain reaction, moving carefully selected its own rogue implicit endorsement of pub- across Egypt, Libya, Syria, Yemen, rulers. They owe their existence to lic misconduct and unlawful acts Morocco and Tunisia, where socie- one segment of the public which of its representatives, the regime ties emasculated by decades of has empowered them, to the other has demonstrated absolute con- tyrannical rule have finally segment which remains silent in tempt for the society which it pre- risen, in a collective groping for a the face of their most unpardon- tends to govern. The impo- suppressed civic potency. able transgressions of decent con- tent public has, infrequently, re- By Anura Gunasekera duct and to a cynical admini- acted in the only way available to -Sunday Leader - 27/11/2011 stration which sponsors them. them, in mindless and futile out-

Oppressed North; Lawless South forces and cantonments for their families. According to parliamentarian M. A. Sumathiran, “…Tamil peo- The LTTE did not come into being or grow ple inhabited 18,880 sq km of land in the North and into a world-class terror outfit in a vacuum. Without East, but after May 2009, the defence forces have the Sinhala Only, the Tiger may have remained un- occupied more than 7,000 sq km of land owned by born. Without the , the Tiger may not have Tamil people” (Transcurrents – 23.10.2011). The new grown exponentially. If the B-C Pact and the D-C Pact Bill which empowers the state to expropriate assets it did not miscarry (thanks to the midwifery of Sinhala deems ‘underperforming and underutilised’ can exac- extremism), the LTTE, even if it was born, would erbate this situation. have remained a fringe group. The omnipotent and omnipresent military in- The Tiger was born out of Tamil discontent trudes into every aspect of Tamil-life. Not only must and alienation; it fed on Tamil fear and anger. A pol- the army be informed about visitors. “Any family icy of preventing a Tiger-resurgence needs to take gathering to celebrate the birth or naming of a child, this history into account. Gotabhaya Rajapaksa may attainment of puberty of a girl, a wedding or even a be labouring day and night to prevent a Tiger- death, requires prior permission… The army must be resurgence. But the militaristic approach and Sinhala informed even of community activities such as sports supremacist policies of the Family cannot but fan meets. In a recent incident in Chavakachcheri, youth those old-embers of Tamil fear and ire into new-life. participating in a football match were brutally as- When a sober, anti-Tiger Tamil leader like V. saulted by the army as they had played on a field Anandasangaree says the current plight of Tamils without the permission of the army… It is common to makes him question the purpose of his living, it is an see the presence of soldiers in all civilian activities omen of a calamity-in-the-making. The particular including village, temple or church meetings” (ibid). event which caused this despairing outburst was the What if a Sinhala village is forced to obtain expropriation by the Air Force of “an 8,000 acre area permission from a predominantly Tamil army for between Pudukudurippu and Nandikadal in Mul- most acts of daily life? Would not such humiliation laitivu…” (Sri Lanka Mirror – 19.10.2011). This is not cause fury and rebellion? The Rajapaksas are using an isolated incident. In the North/East, civilian lands targeted-attacks to prevent Tamils from protesting are being appropriated to build new bases for the (Continued on page 11)

Human Rights Review : October - December 10 Institute of Human Rights CURRENT ISSUES 11

(Continued from page 10) military-domination would require the defence against the insults and oppression which are their budget to remain at stratospheric-levels, despite es- daily fare. The recent assaults on two student- calating financial difficulties. activists of the Jaffna University follow the brutal at- By Tisaranee Gunasekara tack on the news editor of Uthayan. Sustaining this -Sunday Leader 30/10/2011 Were detainees sadistically beaten at A’pura?

amil detainees held at the in the Anuradhapura prison a few tice about the incident. T Anuradhapura prison were months back and also torched forced to strip, and were blind- their belongings including a televi- Detainees ‘posed as tortured’ folded and beaten on November sion donated by the Bishop of 27 by prison guards who ‘wanted Mannar, Rayappu Joseph,” he re- Following the alleged assault, de- to celebrate the Mahaveerar day in calls. tainees launched a hunger strike style,’ lawyers representing the The Mannar Bishop also visited the and were joined by the other Tamil rights of detainees claim. prison after the earlier attack and detainees held in the Jaffna, Va- Sixty five Tamils held in the raised the issue with the authori- vuniya and Welikada prisons. The Anuradhapura prison (under Emer- ties. fast had been given up by Friday, gency Regulations first, and by the assistant prisons commissioner subsequent Special Gazette notifi- Lawyers prevented from meet- Ashoka Hapuarachchi said. cation later) were beaten up by ing detainees He alleged that detainees had the guards, who also set on fire posed as being tortured and taken their meagre belongings, lawyers Udul Premaratna says that subse- pictures of themselves in stress said, quoting the detainees. quent to last week’s assault, the positions in order to disseminate A lawyer said: “On Sunday morn- detainees were denied lawyers’ these via cell phones. “They ing, around 35 jail guards had visits in an effort to prevent infor- wanted to pass these pictures onto come to the ward and asked, ‘Ada mation on the attack being leaked the Tamil diaspora who would then ubalage mahaviruwage dine neda? out to the media. make use of these images to al- Ubalata eka samaranna onada? “On the day following the attack, lege that Tamils in Sri Lankan pris- Waren samaranna.’ (Isn’t today when I went to see the detainees ons are tortured,” he said. your hero’s day? Do you want to along with another lawyer who is Premaratna however laughed off celebrate? Let’s celebrate.) appearing for them, we were pre- these allegations. “It is a cover up vented from meeting them,” he in poor taste,” he said. He says A’pura prison – a history of says. violence directed against Tamil violence “We were told that the detainees political prisoners is under- had launched a hunger strike and reported because authorities often The detainees were then taken out therefore we couldn’t meet them. cover up these incidents. of their ward. They were forced to We insisted that as lawyers we Earlier, in November 2009, LTTE strip and kneel down, and were have a right to meet the suspects suspects held in the Welikada blindfolded and beaten with poles. we are appearing for, as long as prison were attacked by the other Udul Premaratnna, the convener of they are willing to meet us.” prisoners serving sentences for the campaign group, Api Sri Lanki- “The Superintendent of Prisons criminal offences with the conniv- kayo (We are Sri Lankans) that is told us that he had received orders ance of prison officials. waging a campaign for the release from higher ups not to allow any There is a minority of prison of the detained Tamils says the visitors for the prisoners.” guards who derive a sadistic pleas- Anuradhapura prison has a history Premaratna said his fellow lawyer, ure by carrying out and provoking of violence directed against Tamil through the Anuradhapura branch attacks against Tamil detainees, detainees. of the Bar Association of Sri Lanka, he says. Apparently, instead of “Guards assaulted Tamil prisoners has complained to the Chief Jus- combating such acts, the Prisons

Human Rights Review : October - December 11 Institute of Human Rights CURRENT ISSUES 12

Department prefers to cover up. for two to six years, without made 429 court visits so far. She charges. questions how many more visits Is this justice? And those who are already she would have to make and how charged by the Attorney General’s many more years she would have Only 23 Tamil detainees out of 65 Department are also facing the to languish in jail, before the court held in the Anuradhapura prison prospect of endless court visits. delivers a ruling? have been charged with any of- A Tamil Tiger suspect identified as fence. The remaining 42 detainees Thirumagal has now completed her -Lakbimanews - 04/12/2011 have been languishing in detention 15th year in detention and has

mobile phones in their possession and not 19 as the DPF condemns assault on LTTE Prison authorities had stated. suspects in Anuradhapura Prison He claimed said that the suspected LTTE remandees The Democratic People’s Front (DPF) yesterday con- were treated in an inhuman way, assaulted and their demned the treatment meted out to 67 LTTE sus- personal belongings set on fire. Some on crutches pects in remand custody at the Anuradhapura Prison too were assaulted by the guards who were under on Sunday(27) and the party said that the reman- the influence of liquor. dees had refused to take food till the time justice was metted out and assurance given that such of inhu- The DPF was given an assurance by Sathiskumar, man behaviour by the Prison guards will not be re- Co-ordinating Secretary to the Minister of Rehabilita- peated. tion and Prison Reforms of an impartial inquiry, he said. Prisons Commissioner- DPF Secretary-General Dr. Kumar Guruparan told General P. W. Kodippili denied all allegations levelled The Island yesterday (28) that the suspects were not against the Prison guards. planning to celebrate LTTE Heroes Day and that the only evidence against them was that they had nine -The Island - 29/11/2011

ast the Paranthan junction we The former war zone is in stark contrast to the standard P drove towards Vishwamadu rising from the ashes. The A35 way of the normalization process, where returning civilians from the Paranthan-Mullaitivu road is under in which the military gradually Manik Farm are struggling to re- construction and new buildings makes itself progressively redun- start their war battered lives from have come up next to the ruins of dant, allowing the civilian authori- scratch. They live in squalid (tent) the war. Many more buildings are ties to take control of huts, cook in the open and are be- under construction. Children ts civil administra- ghos ing overwhelmed by thousands of go to school, and ry tion. ilita men in the uniform. newly ve m Name boards, one after the other ha The military is watching your still stand welcoming the eas opened shops every step n ar travellers to tor which sell building mate- In the Vishwamadu junc- war this less Old rial have a thriving business. tion, a young lieutenant ordered a charted part of the It seemed like a perfect take off street hawker who was selling Wanni: ‘Welcome to the area of for post war transformation except clothes in the local bazaar to pack Infantry Division,’ one greeted; for one glitch–the all- up and leave as the vendor did not ‘Area of the Artillery Brigade,’ an- encompassing presence of the have a permit from the local au- other read. It appeared like we military which appeared in no thorities to conduct business. That were in a military cantonment but mood to let up its control. seemed acceptable (like in Co- in fact we were in the Wanni, dot- The military is doubling up in the lombo), except again, if only the ted with camps. role of civil administration. This is (Continued on 13 page)

Human Rights Review : October - December 12 Institute of Human Rights CURRENT ISSUES 13

(Continued from page 12) tures, referring to the previous teeming with 250,000 Tamil civil- orders had come from civilian au- incident and were told to get off ians. During subsequent visits, I thorities. But, for a man who sells the vehicle, at which point, a JVP observed that the conditions in the his goods next to the ruins of shell MP, Ajith Kumara who was travel- camp have gradually improved and wreaked buildings, such orders ling with us fished out his Parlia- congestion reduced as many thou- would be felt as sheer highhanded- ment ID and identified himself as a sands were finally allowed to re- ness. After all, there were only two Member of Parliament. We were turn to their villages. The two re- hawkers in that part of the bazaar. saved from further hassle. maining camps at the once sprawl- And the military is watching your But when visited the Manik farm ing Manik Farm complex now every step. Having ordered the IDP camp, even Ajith Kumara, who house just around 6000 civilians. vendor to vacate the area, the is a Member of the Parliament New barriers young lieutenant turned to us. He Consultative Committee on Reha- However, the military centric ide- spotted a couple of media person- bilitation, was barred from enter- ology of the government, which nel in our team taking pictures and ing it. dictated its conduct during the videoing the town. When we iden- The previous day he had been as- past two years, has not changed tified ourselves as journalists, he sured by the Minister of Rehabilita- much. And such thinking had asked for our media accreditation tion that he could visit the camp helped the government little in cards. Fair enough! But then went without any hindrance. When he redeeming its image. on to probe us checking on per- arrived at the gate of the Manik Why on earth should an elected sonal details. Farm camp, he was told he had to parliamentarian, let alone media “We will be reporting the details of obtain permission from the Minis- personnel have to obtain clearance people who visit our area to the try of Defence to visit the camp. from the Ministry of Defence to Brigade Headquarters,” he said In spite of a flurry of phone calls visit a camp where fellow citizens When journalists declined to give to the Minister of Rehabilitation, of this country are held, is open to further details, he quizzed: “Why, good-hearted Gunaratna Weera- debate. The conduct of the gov- would it be a problem to media koon, who in fact called the officer ernment during the war and its freedom?” to which one scribe in charge of the camp on behalf of handling of the IDPs have been quipped that, “it would be more a the JVP MP, parliamentarian Ajith questioned locally and internation- problem with the overall democ- Kumara was declined permission. ally for understandable human racy in the country than media After several hours at the gate of rights concerns. Now when the freedom.” We left the scene, but the Manik Farm, we returned dis- government raises more barriers on our return, a young man in civ- appointed. against outside scrutiny, it may vies flagged our vehicle down at a This correspondent had visited the not look good in the eyes of these military police checkpoint in Vish- camp on several occasions, the outsiders. wamadu. first visit being made in the very By Ranga Jayasuriya We were asked who took the pic- first months when the camp was -Lakbimanews-11/12/2011

Refugees in India; refugees in Sri Lanka past but that hope was shattered when the police prevented them from clear- Returnees to the country compelled to live in tents ing their lands that had gone into jungle during the war years. They protested pointing out they had Over 600 Sinhala, Tamil and Muslim families been living in the Pier Village for several generations who returned to Mannar after living in refugee and that they left the area only to escape the LTTE. camps in India for about 21 years have no houses to “The police called the army that ordered us live in. At present they are living in tents on land to leave the area immediately saying we were squat- belonging to a Mosque in Mannar. They said the au- ters on state land. Now we are in a predicament thorities refused to settle on land owned by them in without a place to live in. No government official has Pier Village before they fled to India in 1990 to es- visited us since we were sheltered in tents here.” the cape LTTE attacks. They said they returned to the refugees said. country in the hope of living in their village as in the -Daily Mirror - 24/11/2011

Human Rights Review : October - December 13 Institute of Human Rights CURRENT ISSUES 14

Committee Against Torture Slams Sri Lanka

The Committee Against Torture (CAT) which pearances and particularly harassment of human examined a report on Sri Lanka last week at the UN rights lawyers and activists. in Geneva, said that there were over 5,000 enforced Detention facilities, prison overcrowding and disappearances in Sri Lanka, persons held without specific allegations of torture in prisons were also trial and incommunicado under the Prevention of Ter- raised, as were the supposed ‘rehabilitation camps’ rorism Act and alleged secret detention facilities. which some experts said were alleged to be actually Felice Gaer, the Committee Expert who mass detention centres under military rule. served as Rapporteur for the report on Sri Lanka, Experts also asked about impunity, deaths in cus- said that despite Sri Lanka claiming ‘at no time has tody, fair trials, especially juvenile justice and deten- the Government resorted to or acquiesced to acts of tion facilities for children, the rights of domestic torture’, the Committee had received extensive alle- workers and gender based violence towards women gations of torture and ill-treatment by the State and children. party, ranging from ordinary corners of the country Mohan Pieris, President’s Counsel and Senior to the centre of the conflict zone. Legal Advisor to the Cabinet on Legal Affairs, how- The allegations included cases of disappeared ever said that despite grave atrocities committed by persons, acts of cruelty and ill treatment by the po- non-State actors, Sri Lanka had not invoked any jus- lice, harassment of humanitarian workers, human tification for torture, nor resorted to or acquiesced to rights lawyers, journalists and ordinary persons, of torture. secret detention centres and of deaths in custody. He also said that legislation to reform the There was a huge lack of data and statistics, of inde- Criminal Code in order to eliminate the opportunity of pendent investigations into cases of alleged torture torture was being considered, as was the proposed and of prosecutions, Gaer said. introduction of a duty attorney in every police divi- Other Committee experts raised questions sion. about specific cases of alleged torture, forced disap- -Sunday Leader - 13/11/2011

The South Asian nation is under WAR CRIMES ALLEGATIONS: growing western pressure to probe CANADIAN FM UPBRAIDS LANKA allegations of war crimes following the end of the conflict with Tamil Sri Lanka's government has denied cized Sri Lanka over its human Tiger separatists in 2009. its forces committed war crimes rights record during the Common- "Two years after the civil war and refused any investigation. The wealth meeting in Australia in Oc- we've seen no meaningful attempt South Asian nation is under grow- tober. at reconciliation with the Tamil ing western pressure to probe alle- "Some countries have taken 10 minority," Baird said. gations of war crimes following the years for reconciliation, other "We've also seen a growing au- end of the conflict with Tamil Tiger countries never reconcile," Baird thoritarian trend by the govern- separatists in 2009 said. "But it's incredibly impor- ment in Colombo." OTTAWA - Sri Lanka needs to take tant." Harper has threatened to boycott accountability for serious allega- Baird praised the UN for publishing the Commonwealth 2013 heads of tions of war crimes committed dur- a recent report on Sri Lanka con- government summit in the Sri ing its 25-year civil war, Foreign tradicting the government's posi- Lankan capital of Colombo if the Affairs Minister John Baird said on tion, a report the minister called government fails to launch an in- Thursday. "deeply disturbing." vestigation into allegations its mili- Baird's comments to MPS Sri Lanka's government tary engaged in indiscriminate at the Commons Foreign Affairs has denied its forces committed shelling of civilians and bombed Committee came after Prime Minis- war crimes and refused any inves- hospitals in 2009. ter Stephen Harper publicly criti- tigation. -Daily Mirror - 03/12/2011

Human Rights Review : October - December 14 Institute of Human Rights CURRENT ISSUES 15

White vans now dole out justice! ing out certain crimes. Jaleel is a father of two. He met the mother The infamous white vans are back in circulation, only of his children while she was still earning her keep as they’ve switched targets. It’s not LTTE suspects or a sex worker. He managed to gradually get her out members of the media anymore but underworld big- of the trade and provided for her, after marriage, wigs and drug traffickers who are now looking over from his criminal activities. However, when Jaleel their shoulders. Karate Dhammika, a high profile ma- was once arrested, his wife was forced to return to fioso type, fell victim to the white van operation but her former profession in order to feed the family until a few weeks ago. He was kidnapped from a house in he was released on bail. Unable to forgive his wife Rambukkana in which he had been hiding in the for what he considered a betrayal, it is believed that early hours of October 22. he poisoned her. Five days later, yet another criminal known At the time he was kidnapped, Jaleel was in as Loku Seeya suffered a similar fate in Wattala. A the process of building a two storey house in Dalu- widely known kapumahattaya in a devale in Ragama, pota, Negombo. The land is valued at Rs.7.5 million. he had been trafficking drugs on a large scale. Loku A number of other drug traffickers have fallen victim Seeya, it is believed, was taken to an area close to to the white van operation in both the city and the Ampara, as his corpse was found floating in a river in outstations. Priyantha Galabada, a chief suspect in Akkaraipattu a few weeks ago. the case of the slaying of Bharatha Lakshman The latest victim of the white van operation Premachandra has also been abducted in a white was Jaleel Mohamed, an alleged drug trafficker with van. Premachandra and three others were killed in links to politicians in power who called Negombo his Mulleriyawa during a shoot out on October 08. base of operations. He had been abducted on the As these criminals begin to be hunted down, a num- night of November 30. According to informed ber of them are fleeing the country. Others, like drug sources, his politician friends are hard at work at- peddler Mervin based in Peliyagoda who was caught tempting to get him released. by the Mirihana police with a large stash of mari- Jaleel, who has committed many a murder juana and carrying false identification for Velayudan and dealt in blackmail, is a criminal who has been Chandrapala, opt to stay in prison, safe from the wanted by the police for a long time. He has even white van, instead of paying the meagre fine. been accorded special police protection when carry- -Lakbimanews - 04/12/2011

SL Government Whitevanning

n November 2011, President Mahinda Rajapaksa I conferred the national title “Deshamanya” to a man call Iniyapaarathi alias Pushpa Kumara. An offi- cial working at the office of Inayapaarathi located in Ampara when contacted by , con- firmed that the titled of Deshamanya had indeed TMVP child soldiers been conferred on him at a ceremony held in Thi- rukovil on November 18. Thirukkovil and Vinaayakapuram in the Ampara dis- Who is this Inayapaarathi? He is a man who trict of the Eastern Province. Iniyapaarathi is a lead has been accused of war crimes by the United Na- operative of the paramilitary group led by Vinayaga- tions for forced arms training to children! Further- moorthy Muralidharan alias Karuna who currently more he is a man who is accused by the public for holds a Deputy Minister’s post in the Rajapaksa gov- playing a key role in the abductions and disappear- ernment. Iniyapaarathi is at present the Ampara ances of several people in Poththuvil, Akkaraippattu, (Continued on page 16)

Human Rights Review : October - December 15 Institute of Human Rights CURRENT ISSUES 16

(Continued from page 15) plaints that year from Ampara journalists regarding District Coordinator for President Rajapaksa. the threats they received from the TMVP. We met According to past news reports about ninety percent Amapara TMVP leader and the President’s Ampara of affected families that gave evidence before the district coordinator Inyapaarathi and his deputy Lessons Learnt and Reconciliation Commission Jeevendran at their office. I saw a number of children (LLRC) at its sittings in Ampara on March 26, 2011 with guns inside the office on my way to the wash- alleged that Iniyapaarathi was responsible for the room. Then Athula Vithange and myself secretly abductions and disappearances of their husbands, planned to photograph them. We saw a white van wives and children. with a covered number plate. But when we examined Iniyapaarathi is also accused of intimidating it we realised there was no number plate and a piece voters, issuing death threats and of election fraud of newspaper had been pasted on the place where during the last presidential election, parliamentary the number plate should have been. I managed to election and during the recently held local govern- take a photograph of the white van and the present ment elections. The Kalmunai court had sentenced “Deshamanya” Inayapaarathi, and a photograph with Iniyapaarathi to a ten year suspended jail term, two children and their guns. This is the first time that when he was found guilty in some criminal cases. those pictures are being published. This photograph of a van without a number White Van Abductions and Inayapaarathi plate is clear evidence of paramilitary white van ab- I had an opportunity to meet this man call Inaya- ductions. There were hundreds of complaints about paarathi on June 19, 2007 at his office in Thirukkovil. “Whitevanning”. Still not a single case has been re- We went there to resolve the issues between the solved. government backed paramilitary TMVP and the Am- By Uvindu Kurukulasuriya para journalists. We had received a number of com- -Sunday Leader - 04/12/2011

• The leader of the underworld commission appointed by President Satana editor Rohana Kumara, the in the 80s, Kotte Sunil alias Go- Chandrika Bandaranaike Ku- assassination of Kumar Ponnam- nawala Sunil, was given political maratunga concluded that Upali balam, an arson attack on the patronage by the then UNP gov- was directly involved in the assas- house of actress Anoja Weeras- ernment. He was serving a prison sination of Lalith Athulathmudali. inghe and an attack on The Sun- sentence for child rape and murder • Usliyanage Chinthaka Nalin day Leader editor Lasantha Wick- when he was granted a presiden- Perera alias Chinthaka Amaras- rematunge in 1998, amongst other tial pardon by President J.R. Jaye- inghe was an underworld leader crimes. wardene just before the 1982 who received political patronage by • Moratu Saman is another hired presidential election. He was also the People’s Alliance government. thug of the People’s Alliance the bodyguard of Opposition leader Amarasinghe allegedly e government, and is a sus- kag who was the killed Soththi Upali l lin pect in the assassination of Minister of Education of the J.R. in 2000. ica Kumar Ponnambalam. olit Jayewardene government at that ’s p • Kitulgamaralalage Ajith time. Subsequently, Gonawala rld Wasantha alias Vambotta from wo Sunil was made a Justice er • Baddegane San- Suriyawewa had political patron- und of the Peace for the he jeewa was the People’s Alli- age by the political leadership in entire island. T ance government’s equivalent of the deep south. He was wanted for • Arambawalage Don Upali Soththi Upali. Sanjeewa, who was over 10 murders when he was Ranjith alias Soththi Upali was the a police sergeant in the President’s killed by a rival gang in 2006. ‘darling’ of the Ranasingha Prema- Security Division (PSD) of Presi- Prince Colum, the underworld gang dasa regime, and was a blue-eyed dent Chandrika Bandaranaike Ku- leader from the Grandpass area boy of , the then maratunga was addressed as “Sir” was allegedly given political pa- Minister of Housing and Construc- by Senior Superintendents of Po- tronage by Mervyn Silva. Colum tion. A subsequent presidential lice. He was accused of a number was killed in 2007. of attacks including the murder of -Lakbimanews - 16/10/2011

Human Rights Review : October - December 16 Institute of Human Rights INTERVIEW 17 Excerpts from an interview given by Justice C.V. Wigneswaran to the Daily Mirror

Q : The UN Committee against Torture (CAT) in its the minorities in this country, then accountability is concluding observations on Sri Lanka released on 25 sine qua non for such an eventuality to take place. If November expressed concern about the “continued the government had been indulging in humanitarian and consistent allegations of the widespread use of rescue operations in the Wanni at that time why torture” and the existence of secret detention cen- should the government consider such calls for probe tres in Sri Lanka. Is this something that worries you? as pressure exerted by anyone? A : This has been worrying me from the time I was They should gladly consent to any international introduced to the several torture methods used by probe so that any misunderstandings or misgivings the military and the police when I heard PTA cases in with regard to the genuineness of our government the High Court of Colombo twenty years ago. At the would be cleared. end of every case where torture was used, the Regis- trar of the Court, was directed to bring these matters Q : What exactly does the Tamil community want? to the notice of various authorities like the Ministry A : The Tamil-speaking people want to look after of Justice, Prisons and the IGP. their affairs themselves. In legal terminology that is If steps were taken then to curtail or arrest such the right of self-determination. They want to be gov- hideous indiscretions, the UN CAT may not have had erned in the North and East in their language. They occasion to express concern about continuation of want to go back to the land of their forefathers from torture in this country. Non action on the part of the temporary living quarters provided by whomsoever. authorities has created a culture of impunity. They want their security, law and order to be in the hands of their siblings and progeny not in the hands Q : There is tremendous pressure on the govern- of outsiders. ment to address violations of human rights and in- They want their lands and properties to be adminis- ternational humanitarian law, alleged to have oc- tered by themselves; not by outsiders. They want to curred during the latter stages of the war in 2009. elect their own representatives without being dic- The government maintains that these allegations are tated to by outside agencies, military power or finan- being propagated by PRO-LTTE Diaspora groups who cial power or administrative power. They need to have even managed to mislead some Western gov- preserve their language, culture, religions and their ernments. Do you think the calls for an international way of life without outsiders building statues and war crimes probe are justifiable? vihares in their midst with military might. A : During his recent visit to Sri Lanka, Mr. Yasushi All these are not rights which the Tamil speaking Akashi said that the issue of accountability for any people have concocted for themselves. Any people human rights’ violations in the war needs to be ad- who have certain identities of their own are entitled dressed. He urged a national mechanism to deal with to ask for selfdetermination in terms of the interna- this issue. Suppose we accept his advice as valid tional covenants. does that mean Akashi belongs to a PRO-LTTE Dias- My suggestion is that a federal constitution is the pora group? Does it mean we are giving in to inter- best for our country so that the individuality of each national pressure? But this precisely seems to be the community, major or minor, with its distinguishing attitude of certain sections. It must be remembered identities, could be allowed to grow side by side with that dealing with the issues of the past is vitally im- each other under one flag. Separation is what Prab- portant for internal reconciliation. hakaran asked. Federalism is what the non-violent Furthermore, soon after May 2009, if I remember Chelvanayagam asked! If need be you need not use right, there was a joint statement issued by the UN the word ‘federalism’ since already it had gathered Secretary General and the President of this country the status of a dirty word. But the maximum devolu- that there would be accountability. What has hap- tion to the periphery without a structural opportunity pened to that statement? for interference from the centre should appease the My answer to your question is if we are interested in Tamils. reconciliation, if we are interested in a political solu- Of course the Indo-lanka Accord could be a starting tion, if we are interested in taking off economically point. After all it was an international agreement. on the road to prosperity and success joining up with -Daily Mirror - 15/12/2011

Human Rights Review : October - December 17 Institute of Human Rights REPORT FROM LEGAL ARTICLES UNIT 18 PRISON CLINICS LEGAL MOBILE CLINIC

Vavuniya – 10th , 11th, 12th November 2011 Date Prison No. of Inmates Conducted Lawyers Areas : Chettikulam, Tharanikulam & 07th Nov. Batticaloa 2 31 Madukanda

11th Nov. Kalutara 2 65 Resource: 02 Lawyers from IHR & 02 Network Lawyers

REPORT FROM EDUCATION UNIT

Diploma in Human Rights Panel of Judges : Mr Senaka Dissanayake , Mr. A. Saraweswaran & Ms. Ermiza Tegal The 24th course for the English medium and 18th course for the Tamil Medium were concluded in De- Tamil Medium : cember. A total of Thirty two (32) participants par- Themes selected by participants for group assign- ticipated. ments :- English Medium : (a) Consumer Rights Themes selected by participants for group assign- (b) Women's Rights ments :- (c) Child Rights Group A : Promoting of Child Rights in Sri Lanka Panel of Judges : Mr. F. X. S. Vijeyakumar & Group B : Strengthening Women’s Capacity & par- Ms. Yasodara Kathiragamathamby ticipation in sustainable development of Sri Lanka

Group C : Children used for military purpose

Calling applications for the Diploma in Human Rights (English & Tamil)

he programme is an interactive course that Commencement : 03rd March 2012 T explores the concept of human rights, dis- Course Duration : 08 months cusses the ‘rights’ dimension of global and local (Sessions every Saturdays from 9.00 am to 1.00 pm) events and trends, and builds a community of indi- The lectures will be conducted in Colombo viduals to participate in making a change. Course fee : Rs.20,000/- Registration fee : Rs. 150/- For whom Students, teachers, doctors, lawyers, public sector, Members who are interested please visit our website private sector, religious sector, NGO personnel, me- for application forms or contact : dia personnel, youth leaders, service personnel, per- Hashini for English medium - [email protected] sons interested in human rights and current affairs. Priyanthi for Sinhala Medium - [email protected] Delivered by Unita for Tamil medium - [email protected] A panel of human rights academics, activists and Tel. Nos : 0112502703 or 0113158863 professionals working with government, non- Website : www.ihrsrilanka.org governmental and academic institutions Institute of Human Rights 154, 02nd Floor B, Havelock Road, Colombo 05

Human Rights Review : October - December 18 Institute of Human Rights

19 REPORT FROM EDUCATION UNIT Human Rights Training for

On 09th November and 21st December programme. 2011 IHR assisted a Basic Training Programme for The topics taken up were Development of Officers & Non Commissioned Officers. 09th Novem- human Rights and International Perspective, Legal ber Programme was held at Panadura, Engineer Ser- aspect of combating terrorism, Military - Civil Rela- vice Regiment. 75 officers participated at this train- tions pertaining Human rights issues. The resource ing program. 21st December Training programme persons were Major Prasanna (AAL) & Marine De was conducted in 142 Brigade, Athidiya Road, Livera (AAL/ Lecturer - APIC University) Dehiwala & 50 officers participated in the

REPORT FROM RESTORATION & PROTECTION UNIT

Community Based Correction option for Juveniles in the Western Province

With a view of raising standards in the 04 (four) institutions selected for this purpose in the west- ern province namely the following institutions.

1. Nawodaya Rehabilitation Centre 2. Kolonnawa Vocational Training Centre 3. Career Guidance Unit of Ministry of Productivity 4. Jana kala Kendraya, Battaramulla

Purchased items worth Rs.400,000/- and distributed to the above institutions to raise standards for the students who access the services.

02 Normal & Cool Water dispensers, High Speed sawing machine, singer machine mortars, Steam Iron, DVD players, Hair Dryer, Stationery Items, White Boards, First aid items, Carom Board, filing Racks, ect.

Motor Mechanic Course Thaldena Young Offenders Correctional Center

In the month of October , November & December 2011 Practicals were carried out on the following areas in the Motor Mechanic Course—Thaldena.

♦ Practical on D.S. 22 Nissan Four Stroke Diesel Engine

♦ Practical on Four Stroke Diesel Engine (L 300 Four Stroke Diesel)

♦ Introduction to the multi plate clutch system

♦ Introduction to the Transmission (Cone Clutch) system

♦ Introduction to all coil spring clutch system

♦ Braking System on practical works

♦ Propeller shaft and universal joints

Human Rights Review : October - December 19 Institute of Human Rights

20 STAFF INFORMATION

Chairman Jeevan Thiagarajah

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

Legal Unit Hot Line : 077-3760680 [email protected] 011-2502703 Manager – Legal Neel Sujith Silva [email protected] Legal Officer Unica Fonseka Legal Officer V.S. Niranchan Senior Coordinator K Premaseeli Coordinator Varahini Canisius

Education Unit 011-2502703 [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]

Special Project 011-2559424 [email protected] Grants Administrator Gayani Meegamuge [email protected] Legal Officer Wasana Ellawala

Restoration and Protection Unit 011-2502810 Manager – Restoration and Protection Shirmilla Perera [email protected] Coordinator Hashini Mahesha Rajaratna [email protected]

Finance Unit 011-2502810 [email protected] Finance Officer Champa Jayakody Accounts Assistant Ayesha Jeewanthi Accounts Assistant Shashika Jayasinghe

Administration 011-2502703 [email protected] Senior Office Assistant / Driver M Kannadasan Front Officer V P Chandima Padmasiri Driver / Office Assistant Duminda Attygala

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

Anuradhapura Branch 025 3899218 [email protected] Legal Officer Erandhi Thilakaratne Coordinator Dilki Priyanga

Matara Brach 041-5621452 [email protected] Legal Officer Mettha Sudharshi Narasinghe Coordinator Deeshani Prabhasari

Kalutara Branch 034-3749090 Manager – Legal Neel Sujith Silva [email protected]

Human Rights Review : October - December 20 Institute of Human Rights