Archive for April, 2008




Dear Uncle Mihin (Letter 2)

After long time, How are you? I think these days your sleeping is disturbed by nightmares. We also frightened.

Unfortunately you and your media doesn’t care about innocent people who lost their lives in bomb blasts. After the yesterday’s bomb blast the behaviour of media was ugly and awful. They showed entertainments after the news of Piliyandala blast. There were music, teledramas and half naked pictures of Bollywood actresses.

I fell the aim of this hypocricy was to forget the killings and stop bulding a crucial discussion on war among people. Now all you and your people have forgotten the Late MP Jeyaraj and Wimal Weerawanse incident. Within two or three weeks you and your fellows will forget the Pilliyandala blast. This is clearly known by the LTTE. According to the LTTE Sinhalese are lazy and forget the past very easy.

This type of behaviour will make this beautiful Sri Lanka a failed state within a very short period of time.

Yours sincerely,

Sinhala Buddhist Daughter.

Add comment April 26, 2008

A Glove inside the womb.

Daily Mirror reported a glove has been found inside the womb of a young mother from Kulityapeditiya who has delivered his first child on February 28. After delivery she had complained stomach pain and on admission to Kuliyapitiya Base hospital yesterday doctors have found a glove inside her womb.

 

This was only one incident. Some incidents were not reported and patients personally bearing their grievances. A month ago young girl was allegedly killed by a doctor in Negombo hospital. Two or three years ago a Muslim woman lost her leg as a result of the negligence of doctors in the Negombo hospital.

 

Right to health is a basic human right. If there is a violation of this right it directly affects the right to life. Sri Lanka is a state party to the Universal Decleration Of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights. (ICESCR). Sri Lanka is also a state party to the Child Rights Convention (CRC) and the Convention On the Elimination of All Forms of Discrimination against women.( CEDAW) .

 

State must responsible for their workers who get payments from peoples wallets. The doctors, nurses, and the hospital staff have a duty to protect the lives of their patients. They must remember that their payments, salaries and other benefits gain from the people of this country. All doctors learned from the benefit of free education.

 

According to the article 6 of the ICCPR every human being has the inherent right to life. This right shall be protected by law. According to the article 12(1) of the ICESCR the state parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. According to 12(2) the steps to be taken by the States Parties to the present Covenant to achieve   the full realization of this right shall include those necessary for; (a) The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention treatment and control of epidemic , occupational and other diseases ;(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

 

According to the acceptability of the ICESCR all health facilities ,goods and services must be respectful of medical ,ethics and culturally appropriate respectful of the culture of individuals ,minorities , peoples and communities, sensitive to gender and life-cycle requirements as well as being designed to respect confidentiality and improve the health status of those concerned. According to the quality of General comment No14 As well as being culturally acceptable , health facilities, goods and services must also be scientifically and medically appropriate and of good quality. The requires inter alias skilled medical personnel scientifically approved and unexpired drugs and hospital equipment safe and potable water and adequate sanitation.

 

Now what are the remedies and accountability according to the ICESCR ? Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of restitution , compensation, satisfaction or guarantees of non – repetition. National ombudsmen, human rights commissions , consumer forums , patients rights associations or similar institutions should address violations of the right to health. The incorporation in the domestic legal order of international instruments recognizing the right to health can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases. Incorporation enables courts to adjudicate violations of the right to health  or at least its core obligations by direct reference to the Covenant.

 

Judges and members of the legal profession should be encouraged by states parties to pay greater attention to violation of the right to health in the exercise of their functions. States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting vulnerable or marginalized groups in the realization of their right to health.

 

Above mentioned three incidents injustice is faced by three women. Unfortunately one was dead. Siththi Nazeera lost her leg and sometimes she feels it is good to die living without one leg. The most recent incident medical negligence caused suffering to a mother. Her child is also a victim of this injustice. CEDAW is a convention which has enshrined women’s rights. Once again we all most remember Sri Lanka is a state party to this convention. According to the article 12(1) states parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure on a basis of equality of men and women access to health care services including those related to family planning.

 

According to the article 12(2) Notwithstanding the provisions of paragraph 1 of this article States Parties shall ensure to women appropriate services in connection with pregnancy ,confinement, and the post-natal period granting free services where necessary as well as adequate nutrition during pregnancy and lactation. 

 

According to the article 5 of CRC states parties shall respect the responsibilities, rights and duties of parents or where applicable the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child to provide in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. According to the article 18(2) for the purpose of guaranteeing and promoting the rights set forth in the present Convention States parties shall render appropriate assistance to parents and legal guardians in the performance of their child rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.

 

According to the article 18(3) states parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

 

 A girl from a human rights organization Inoka Kubalatara said the responsibility in this incident goes to the hospital staff specially doctors. She mentioned two reasons for this negligence. One is that doctors are not afraid about their negligence because in past incidents they didn’t face any offence. Other thing is in remote hospitals doctors are frustrated in working example lack of facilities. She further said now a days some pregnant women afraid to get treatment from the government hospitals.

 

 Our supreme law is the 1978 constitution. The right to health is not enshrined in the constitution as a Fundamental Right. It is mentioned in the 6 chapter, the duties and the obligations of the state. So in a violation of the right to health we couldn’t file a Fundamental Rights petition against the perpetrated doctor and the state. We all understand the importance of the right to health and other economic and social rights. In health sector the negligence and misconduct spread top to bottom. To implement people friendly and dignified health service we should demand the government to enshrine the right to health as a Fundamental Right.

                                                                                                                      

 

1 comment April 26, 2008

Injustifiable Mayor of Nuwara Eliya

I went to Nuwara Eliya on the 20th March. The beauty of Nuwara Eliya impressed me a lot. I felt that the duties of the town cuncil goes smoothly. The town is very clean and properly arranged. I was happy because there was no rain and not of too much cold. The blue trees are decorated with beautiful flowers.
 
At the evenning I met a Human Rights activist and she introduced me two women saying they have a problem and they need some advice. So I listened to them. The one woman who seems to be more strong introduced the other woman said she was her relative and faced the injustice and now helpless. The victimise woman looks more innocent and fragile.
 
I asked them kindly what was happened? The relative of the victimised woman spoke out. The tragic incident was took place on the 7th March 2006. The victim’s husband and daughter came to the Nuwara Eliya town to buy some goods. Her husband Akmon Silva and daughter Priyanthi Lakmali Silva were killed when an old tree at Mayour’s office compound fell down. At that time they were lived at No15, Shanthi Pura. So Ms.R.M.Nandawathi lost her husband and only child.
 
The tree was very old and the people of the area informed the mayour several occassions about the danger and asked to cut it down. He also promised to do it but these promises only limited to mere words.
 
After the tragic incident Nandawathi asked some help from the Mayor. He promised and gave her Rs5000/-.It was not enough for the lost she has faced she begs for more. The Mayour and his staff gave her an envelop and said it contains Rs20000/-. The poor victim happily taken the envelop and came home. She opened it. Unfortunately there were only Rs 6200/-. After that the mayor made several promises and took time.
 
On the 7th March 2008 the two year time period for the incident was over. So poor Nandawathi coudn’t seek the redress from the law. She is now unable to file a lawsuit for compensation at the District court. I described this to them and they said they didn’t know about such law. (Anne miss api oyagena denagena hitiye nehe)
 
I remember the famous legal proverb “there will be no excuse if someone doesn’t know the law.”(Netiya nodena sitima samawata karunak nove) Now the victim lives in a small shanty without a way for livelihood. The Mayor of Nuwara Eliya Chandana Lal Karunaratne who responsible for the two deaths happily held in his post. On my way home I thought about the hidden injustice in the beauty and proper arranged and most expensive town in the country.
 

 


Add comment April 26, 2008

Voice against Extra Judicial Killings

We as Sinhala Buddhists represent the majority in the country wake up listenning to pirith and go to bed also listen to pirith a Buddhist enchanting. The aim of this pirith is eradicating all sort of fear. The fear also catergarised as death, weak and sickness. The majority of people are still concern over morality. They are still criticise or look down upon a lady with denim trouser and a young man with coloured hair style or an ear ring.
 
Unfortunately these people are silent on the violation of basic human rights. They don’t show their peculiarity when a man die at police custody, suspect is tortured by police , when a lawyer says to his fellow law students that you know the way of give and take bribes and a principle demands a bribe from a parent to admission to grade one. This behaviour must change. We have to observe that ethics, morality and human rights are linked with each other. If we remain silent on extra judicial killings then what the purpose of listenning to “pirith”. Since decades this shows our hipocricy and sellfishness.
 
The year 2008 begins with the statistics of extra judicial killings in 2007. In 2007 there were more than 40 extra judicial killings reported. The new year began with nine extra judicial killings. The month February added to the history as horror month. According to media reports there were three extra judicial killings and 43 killings by unidentified gunmen in February. The last month ,March also worse than February. According to media reports there were six extra judicial killings.
 
On March 03 media has reported the first extra judicial killing in the month.  The Victim’s name not mentioned. He was 59 years old and a resident of Bandarawella.The Police Station is Bandarawela.The victim was taken to custody by Bandarawela police for alleged for killing his wife. On the first of March around 5.30 he was suicide by hanging on the roof torn his sarong. According to Bandarawela ASP Roshan Wejesinghe one police officer who was on duty saw the victim hanging on the roof. Bandarawela police conducted further investigations.
 
Media has disclosed the second extra judicial killing on the 8th of March.The name of victim was Asitha, age 24, a resident of Mattakkuliya.The Prison is Welikada. The victim was in Welikada prison sentenced for 14 years imprisonment alleged murder. He was suicide by hanging in the prison. Prison department handed over his dead body to his relative after the post mortem inquiry.
 
The third one reported on the 24th of  March .The name of the victim was Elpitiya Badalge Nadesha Harshana, age 24, a resident of Kalutara, Namalgama.The Police Station is Kalutara South. According to the police On 23 afternoon the victim suicide by hanging on the beam of the cell by torn his shirt. He was taken into custody alleged possession of heroin on 22 evenning. Kalutara additional magistrate Ms Chandani Dias inspected the dead body and ordered the JMO Of Kalutara hospital to held the post mortem inquiriy and reported to the court.
 
On the last day of March two extra judicial killings were reported. The main henchman of former underworld leader Sunbaba was killed at police shooting. The name of the victim was Udara Denusha Bolongga alias Pathum. He was 27 years old,.
According to the police he was alleged for more than ten killings and several robberies. Bandaragama police arrested the victim and he disclosed some places where weapons were hidden. The police took the suspect to find weapons and he dragged a gun and tried to shoot at the police. The police acted for self defence and victim was killed.
 
The last extra judicial killing in the month March reported from Mount Lavinia police station. The suspect killed while drinking poisons. The name of the victim was Sunil Ratnayake. He was 44 year old father of two.
 
Extra Judicial Killing is a grave violation of human rights. Freedom of innocence until proved guilty is a basic fundamental right ensured in the country’s supreme law. The death penalty is only imposed by a recognised judicial procedure. The right is also enshrined in the article 2 of the convention on civil and political rights. We must talk and respect  a morality which goes with human rights. The highest morality in a civilsed society is right to life.
 
 

3 comments April 26, 2008

Tragedy Of Prisons…….Jemis, Aemis to Pottu Naufer

 
We all knew the story of Jemis. He was in prison for 50 years without a trial. Now the letter J turns to letter A. Aemis story is another incident which has showed the tragedy and uglyness inside our prisons. Aemis was imprisoned at the age of 50. The police has taken this youth to custody because he was held a sword near a bridge at night. It was happened on April 1955. He was in prison for 53 years without a trial three years more than Jemis. Aemis didn’t eat rice for considerable number of years at the mental health hospital in Angoda.
 
Our prison ordinance is very old. It was passed in 1877. According to the article 69(6) the superintendent of the prison from which a prisoner is removed under this section to a hospital or place of observation or mental hospital shall cause him to be taken back to the prison as soon as may be after the medical officer certifies in writing that it is no longer necessary to detain the prisoner in such hospital place of observation or mental hospital.
 
At this moment many people talk about prisons. The prison authorities are alleged for lack of faciolities, addiction of drugs, using mobile phones and various unlawful things. The most grave and serious allegations are Extra Judicial Killings and crimes. According to the article 14 of the prison ordinance no prison officer shall sell or let nor shall any person in trust for or employed by him sell or let or derive any benefit from selling or letting any article to any prisoner.
 
Media has reported convicted criminal Pottu Naufer jailed for the killing of High Court Judge Sarath Ambepitiya was stabbed at the Welikada prison. The Commissioner General Vajira Wijegunawardena said at least four prisoners were involved in the incident. Nafur was stabbed with a sharp object on his stomach. The Prison’s chief said an army deserter was suspected to have carried out the crime after Naufer had reportedly alerted the authorities of a mobile phone in the prison premises. The army deserter who was known to be involved in several other crimes had allegedly stabbed Naufer while he was doing his daily physical exercises.
 
The Extra Judicial Killings is the most worst form of human rights violation which has taken place in our prisons. The month April has begun with reporting several Extra Judicial Killings in prisons. On the 2nd of April media has reported four prisoners were killed and three others injured during a shoot out between prison guards and prisoners at Kuruwita prison. According to the Prison’s Commissioner General Wajira Vijegunawardena a group of sixty prisoners had arrived at Kuruwita Prison after been produced in the Ruwanwella and Avisawella courts. All the prisoners who were killed are believed to be underworld characters or their associates. Fifteen of the prisoners had been produced in the Avissawella courts and the rest in the Ruwanwella courts before their arrival at the Kuruwita Prison premises.
 
On 17th April media has reported an inmate of the Tangalle prison who tried to flee while being escorted to the Embilipitiya Magistrate Courts was gunned down by the prison guards. The inmate who was escorted in a Black Maria for his trial at the Embilipitiya Magistrate Court had tried to escape from the guards and was shot dead. He was a resident of Dambarella in Middeniya.
 
According to the article 77(3) no prison officer shall in the presence of a senior officer of rank not lower than a Jailer or Deputy Jailer or officer for the time being acting for the jailer use weapons on or against any prisoner engaged in an outbreak or attempt to escape, unless such senior officer orders such weapons to be used. According to the article 77(4) the use of weapons under this section shall be as far as possible to disable and not to kill.
 
The famous saying of South Africa’s first president Nelson Mandela is once again remembered. He said the goodness of a society decides by it’s treatment to the poor. The marginalised. This seems to be a far away dream to our Sri Lankan society. If this kind of tragic incidents happen in a civilised society the authorities will resign.
 
Now the situation in prisons has changed bad to worse. We have to protect people like Jemis, Aemis, Potta Naufer and other prisoners. If we are unable to ensure the safety of them by ourselves it will be wise to seek international support. As a first step to improve the conditions in prisons we must force the government to ratify the Optional Protocol to the Convention Against Torture.
 
 
 

Add comment April 26, 2008

Tuberculosis Case

Palitha Tissa Kumara was an Artisan by profession skilled in paintings and carvings had returned home from Galle on 2nd February 2004. The Sub Inspector Mr.Silva of Welipanna police with four other police officers had come to his residence around 8.30a,m and had wanted Palitha to come to the Police Station to assist them to paint the police emblem for the Independence Day celebrations. Palitha had agreed to accompany Silva and no sooner he got near the police jeep, Silva had hit Palitha with his pistol on his chin thrice after which blood started oozing with his boots and had pushed him into the police jeep. The said police officers thereafter had proceeded towards the Police Station and at Galathara Junction they had arrested one Don Shantha. Both of them were brought to the Welipenna Police Station.

At the Police Station Palitha and Don Shantha were taken to the Silva’s room and he had started hitting Palitha with a wicket on his shoulders , neck, arms, head ,spine and on his knees over 80 times. Whilst hitting Palitha , Silva had told Don Shantha that this would be the manner in which others also would be treated and in the process of assaulting Palitha ,Silva had told Palitha the victim to hand over the bombs and the weapons which were in his possession and to confess about the robberies he had carried out. Palitha had denied any knowledge of bombs weapons or the robberies. According to Palitha this had continued for about two hours and thereafter at the intervention of about 8 police officers and after one of those officer pulled the wicket from the Silva’s hand he had stopped assaulting Palitha.

Silva, ( Sub Inspector) thereafter brought a person known as Sarath who was suffering from Tuberculosis. Silva had got Palitha to open his mouth and told the said Sarath to spit into Palitha’s mouth. In the process Silva had told Palitha that this was done so that he would die of the disease. On seeing this the police officer who had intervened earlier to stop the assault had brought a bottle of water and got Palitha to wash his mouth.

Palitha was kept in the police cell for about 3 days and on the third day Silva again assaulted Palitha by punching on his chest several times and one of the punches had hit his face causing injuries . Later on that day Palitha was taken by some police officers to the Iththapana District Hospital and was shown to a doctor. After examining Palitha, he had refused to admit him to the hospital due to the serious nature of the injuries. Palitha was brought back to the Police Station and later taken to the same hospital and was shown to a lady doctor. She too had refused to admit Palitha to the hospital. Then Palitha was taken to the Weththewa Government Hospital and thereagain the hospital authorities had refused to admit Palitha.

That night Silva had come to the police cell with a grenade. It was taken out from a packing and Palitha was forced to place his thumb impression on wax which was thereafter placed on the grenade. Silva had obtained the signature of Palitha to a written statement without reading it out to him and Palitha states that he had done it for the fear of getting assaulted by Silva.

On 06.02.2004 Palitha was once again taken to Weththewa Hospital where the police had spoken to a gentleman wearing a pair of shorts and obtained his signature for some documents. Thereafter he was brought to the Police Station.

Around 5.30p.m. Palitha was produced before the acting Magistrate Mathugama where Palitha had stated about the assault and the thumb print that was taken on the grenade.

 Palitha filled a Fundemantle Rights application at the Supreme Court. He won it. The Supreme Court directs the 1st respondent (Silva) to pay Palitha a sum of Rs.5000/- personally as compensation and costs and the State to pay a sum of Rs.20000/- as compensation and costs. Accordingly Palitha will be entitled to a total sum of Rs25000/- as compensation and costs. The bench was comprised Shirani A. Bandaranayake ,J, T.B Weerasuriya, J and N. K. Udalagama , J.

Attorney General filled a case at High Court under the Torture Act. On October of 2006 the High Court found in the police officers favour. Sub Inspector Silva was acquitted of all charges of torture-the judge ruling in effect that violence to the extent evident in Palitha’s medical report was not excessive. The High Court Judgement is on appeal. This High Court judgement was given by judge Jayantha Perera.

Add comment April 19, 2008

Gerald Perera Case

Gerald was a cook employed by Colombo Dockyard Ltd. On 03.06.2002 at about 12.45p.m. the police officers of Wattala police station dragged Jerald into the jeep saying “you are the man we are looking for ” but gave no reason for his arrest.

After the arrest Jerald had been assaulted by police officers named Sena Suraweera and Perera and another officer with iron rods and wooden poles for about an hour despite crying out in pain ; that while being beaten he was questioned regarding a murder of which he knew nothing ; that had then been laid on the floor and his hands burnt with lighted matches ; that no statement had been recorded from him and that later that day he was taken to the Sena Suraweera then OIC Police Station; Wattala who had told him that they had made a mistake and that he would be released the next morning.

In view of Gerald’s condition his wife and brother took him to the Gampaha Wickramarachchi Ayurvedic Hospital where the physician advised immediate emergency treatment at a leading hospital. Accordingly they admitted him to Nawaloka Hospital Colombo, where he was in an intensive care unit for some time. On 14.06.2002 the doctors informed the wife that his condition was critical and that his wife was in danger.

Jerald produced the Nawaloka Hospital bill up to 25.06.2002 which showed a sum of Rs.704,788/=. He was discharged on 13.07.2002 and admitted immediately to the General Hospital Colombo and discharged from there on 17.07.2002.

Attorney-at-Law on behalf of Gerald filed a fundamental rights case on 19.06.2002 and Gerald won it. The respondants are Sena Suraweera(OIC) , Kosala Navaratne, Suresh Gunaratne, Weerasinghe, Renuka, Nalin Jayasinghe and Perera. Gerald was awarded a sum of Rs.800,000 as compensation and costs (excluding medical expenses ) payable on or before 30.06.2003.

Attorney General filed action against 6 police officers for the torture of Gerald Perera. A week before Gerald was to give evidence before court, he was assassinated while travelling by bus. The purpose of this assassination was to prevent Gerald Perera from giving evidence in court and identifying those who tortured him.

Unfortunately very recently Negombo High Court acquitted all the six police officers on the basis that there was no eye-witness evidence about the torture of Gerald Perera which took place inside the police station.

In Gerald’s Fundemental Rights case the supreme court said, the number of credible complaints of torture and cruel ,inhuman,and degrading treatment whilst in Police custody shows no decline. The duty imposed by Article 4(d) to respect ,secure and advance fundemental rights, including freedom from torture, extends to all organs of government and the Head of the Police can claim no exemption. …….A prolonged failure to give effective directions designed to prevent violations of Article 11 and to ensure the proper investigation of those which nevertheless take place followed by disciplinary or criminal proceedings may well justify the inference of acquiescence and condonation. ( if not also of approval and authorization).

Add comment April 13, 2008

Conversations in a Failing State

The book” Conversations in a Failing State” was written by Patrick Lawrence . As Patrick described the whole thing peace, justice, public service, rulers are failing. Close to failed.

Patrick opened our minds to the public tragedy , ugliness of this country according to the fools and thugs Sinhala Buddhists by a saying of V. S. Naipaul. “There is a new kind of coming and going in the world these days” V. S. Naipaul once wrote.

I turned the second page of the book. “Something had happened in Sri Lanka. In the early 1970s not so many years before Naipaul recorded his journey through India, Sri Lanka had been the envy of the developing world. Famously as many Sri Lankans would remind me it had been admired by leaders such as Lee Kuan Yew the progress obsessed prime minister in Singapore who liked the new public housing he saw during a visit to Colombo. Now the place once to be emulated was a place full of tragedy and regret and missed opportunities. Almost unbelievably for a nation with so many advantages and so much promise it was a legitimate question by 2006 whether Sri Lanka could be called a failed state. So something also had not happened. There was an absence. What was it that was missing? What had seemed so promising but had not been delivered upon? What had happened or failed to happen or both in some combination or other? What had caused the clocks to stop?”

On the page 17, “Amid all their nostalgia Sri Lankans have had a few important moments of rejection too. Most famously they rejected the language of the colonizer by way of the law passed in 1956. And the language law proved to represent a rejection of much else apart from the medium of English. At bottom it was a rejection of a certain idea of order and governance and this rejection was later confirmed by way of the constitutions adopted in 1972 and 1978.   It would be difficult to overstate the significance of these acts of rejection. Sri Lankans are still living and more to the point dying as a consequence of them.

Patrick gave his utmost attention to “lights amid darkness” .Yes Patrick we need that lights without corruption. We not need corrupt lights. At present there are so many …every where starting from school to grave. We must not stop with these lights switch off but remove.

As a first step to switch on proper lights and eradicate ugliness and neglect everyone must read Patrick Lawrence book,”Conversations in a Failing State”.

Add comment April 13, 2008

BBC reports the Other side of “Mahinda” Regime

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Relative of one of the murdered 17 aid workers breaks down during the hearing of the case in Colombo

Relatives of those killed have still not received justice

A human rights group in Sri Lanka has blamed local security forces for the massacre of 17 aid workers in 2006 and accused the government of a cover-up.

The bodies of the Action Against Hunger workers were found in the north-eastern town of Muttur.

It was one of the worst attacks on humanitarian workers since the 2003 bombing of the UN compound in Baghdad.

Meanwhile, another human rights group has shut down, after accusing Colombo of failing to tackle rights issues.

So far there has been no response from the government to both developments.

‘Cover-up’

The University Teachers for Human Rights (UTHR) has named three people – a local home guard and two police constables as the killers of most of the 17 local aid workers in August 2006.

“The evidence shows state security forces, including police, killed them and that senior police officers covered it up,” said UTHR spokesman Rajan Hoole.

An Action Against Hunger worker watches two of the 17 aid workers' bodies being exhumed in September

The aid workers’ bodies were exhumed

“The killing of civilians during time of conflict is a war crime. The perpetrators and their superiors should be brought to justice.”

The mainly ethnic Tamil workers were involved in rebuilding the north-east of Sri Lanka two years after the 2004 tsunami.

They were found lying face down with bullet marks in their heads in an Action Against Hunger compound in the predominantly Muslim town of Muttur.

The military said they were trapped in fighting between troops and rebels. It has blamed the Tamil Tigers for the murders.

The report said the brother of the home guard had been killed by a Tiger gunman the previous day and he wanted vengeance.It said a special forces commander in the town had ordered security forces to kill any Tamil speakers in plain clothes after a rebel disguised as a civilian had killed troops.

The report quoted witnesses describing an “air of celebration” at Muttur police station after the massacre.

It said that there was a culture of impunity in Sri Lanka as the 2002 ceasefire collapsed into open war.

UTHR said publishing the report was risky, because three witnesses had already been killed, a fourth had gone missing and others had fled the country.

‘Serious abuses’

Meanwhile an international panel invited by Sri Lanka to observe the government’s probe into human rights abuses has shut down, three weeks after accusing Colombo of failing to tackle the issue.

The International Independent Group of Eminent Persons (IIGEP) was formed to observe an inquiry into 16 cases of serious rights violations, including the August 2006 massacre.

In a statement on Monday, the IIGEP said they were halting their efforts to determine whether the inquiries were being conducted “in accordance with internationally accepted norms and standards”.

Earlier this month, the group had accused the government of lacking the political will to investigate the incidents and said Sri Lankan authorities did not meet the basic minimum standards in investigating serious rights abuses.

The IIGEP’s final report is expected to be presented to Sri Lankan President Mahinda Rajapakse next month and the panel’s office will formally close on 30 April, the statement said.


 

 

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Add comment April 1, 2008

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