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UN
expert committee urged to correct Kangaroo court system of Sri Lanka
The
Asian Centre for Human Rights (ACHR) in a counter report, Sri Lanka:
Time for Overhauling Human Rights Mechanisms, to the government
of Sri Lanka's report to the United Nations Human Rights Committee
demanded overhauling of the Kangaroo court system in Sri Lanka.
The UN expert body is examining Sri Lanka's report covering the
period 1991 to 2002 on the implementation of International Covenant
on Civil and Political Rights today i.e. 3 November 2003 in Geneva
after one decade.
The
judiciary is subservient to the Attorney General and the Defence
Minister under the Prevention of Terrorism Act of 1979 on arrest,
detention and bail. Thousands of ethnic Tamils continue to be detained
without any charge or trial for years as the courts cannot examine
the reasonableness of the detention order and grant bail without
the executive caprice. Although Sri Lankan President released 3,670
prisoners in 2002-2003 under general amnesty, not a single PTA detainee
was released. Rather, in September 2003, the Attorney General directed
all state counsels appearing in High Courts not to withdraw indictments
filed under the PTA any more.
"Article
126 of Constitution of Sri Lanka makes perversion of delivery of
justice against infringement of fundamental rights. Under Article
126, petitions against violations of fundamental rights can only
be filed with the Supreme Court, thereby restricting the access
to justice to the poor and disadvantaged and those living outside
of Colombo, within one month time limitations and only by the victim
or his attorney. There is no chance to pursue justice for violations
of fundamental rights of the dead and the missing." - stated
ACHR.
By
granting impunity, the Sri Lankan government has turned its security
forces into the biggest gang of criminals, alleged ACHR. Although,
Sri Lankan government admitted that 27,200 persons have disappeared
in 1988-90 alone, it failed to report conviction of a single person.
Although torture was made a criminal offence in 1994, until today
not a single law enforcement personnel has been convicted for custodial
rape and torture, even though torture victims also include police
and provincial government Minister. Even Sub-Inspector of Wattala
Police Station, Suresh Gunaratne, the torturer of Mr W.M Gerald
Perera, a cook employed by the Colombo Dockyard Limited has not
been punished. On 4 August 2003, Perara was awarded highest compensation
of Rs. 800,000/- as compensation by the Supreme Court; and SI Gunarate
tortured more people subsequent to the torture of Perera.
ACHR
urged the UN Human Rights Committee, among others, to recommend
repeal of 126 of Constitution, Human Rights Commission Act of 1996,
Prevention of Terrorism Act, 1979 and the Convention against Torture
Act No. 22 of 1994 and allow the UN Special Rapporteur on Independence
of Judiciary to visit Sri Lanka. ACHR also urged to grant citizenship
to the Indian origin Tamils within a specific time frame.[END]
For
more information please call Director of Asian Centre for Human
Rights in New Delhi, India at +91-11-25503624 or 25620583
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