The letter of Government

Presidential Secretariat *Policy Research & Information unit

Issue No. 7

21 June 2000

The Human Face of Human Rights

Chapter 111 of the second republican Constitution Of Sri Lanka guarantees to all persons "as freedom of thought, on science and religion, freedom from tortue the right to equality, freedom from arbitrary arrest." lt also gurantee all citizens freedom of speech and expression, freedom of association. assembly and movement, under articles in 10 through 17. The 1978 constitution made fundamental rights justifiable befor the higst cort of the land for the frist time

in Sri Lanka. Further, Article 17 of the Constitution ensured that a person whose rights are infringed upon by any Executive or Administrative action can apply for redress to the Supreme Court, the highest cought in thethe Republic.

However, while the Constitution provided concrete measures for the protection of human rights in Sri Lanka, this protection existed only ",,on paper" during a recent bleak period of blatant human rights abuses. During this period, the hopes of Sri Lanka's people for a life of freedom, justice and equity were low, shrouded in grave uncertainty.

Those hopes were kindled and progressively realized after the election in 1994 of the present government.

Prior to the advent of the present government, human life had become so degraded that foreign aid groups had threatened to stop aid to Sri Lanka unless human rights were safeguarded. By 1994, Sri Lanka was second only to Iraq in respect of disappearances of people. Those abducted included journalists, professionals, leaders of trade unions, bhikkhus, undergraduates whose bodies were burnt on the infamous "tyre pyres."

The north-east conflict itself continued to produce human rights violations on both sides. Acts of vengeance commined by the Sri Lankan Army (SLA) and the Liberation Tigers of Tamil Eelam (LTTE). and atrocities perpetuated by other groups allegedly under the patronage of the previous government resulted in the suppression of civilised conduct of the people. Passion and hatred reigned deep in human hearts. Large numbers of people were deprived of their freedom and incarcerated in camps, and by the time of this government came to power, had yet to be offered no recourse to judicial inquiry.

The inhabitants of the north and east were deprived of their political and civic rights by the war. Human and civic rights were restricted to a large extent due to the operation of emergency regulations. Thus under these circumstances Sri Lanka's commitment to humen rights was discredited and criticised in many international fora.

(Source. Human Rights Commission Publication)

Massacres of Innocent Civilians by LTTE Terrorists

This is a list of some of the massacres that the LTTE terrorists have carried out on innocent civilians of Sri Lanka over the last sixteen years.

6 June 2000 In Trincomale Marimuthu, Manikkarasa aged 33, was forcibly taken 1 out of his residence at Killiweddi, Mutur and killed by the LTTE for] refusing to join the organisation.

17 May 2000 A powerful bomb exploded by LTTE at Buddhist ceremony in eastern Sri Lanka killing 29 people, including 6 children, and wounded 80. The explosion occurred near a temple in Batticaloa on Wesak Full Moon Poya day where people were witnessing a wesak panedal to celebrate the holiest day in the Buddhist calendar.

15 May 2000 Another Tamil lawyer Santhanam Kandeepan, a member or the Jaffna municipal council was. gunned down by Tamil. Tiger terrorists. 15 May 2000 LTTE terrorists kill six civilians in random shelling of densely populated areas around Jaffna.

10 Mar 2000 Attacked civilians, exploding bombs and firing rockets at the Rajagiriya junction during evening rush hour. Twenty civilians were killed and 64 others were wounded. The terrorists missed their target, a motorcade of Cabinet Ministers.

12 Feb 2000 Exploded two bombs in public transport buses killing three and 1 injuring over 50 civilians.

30 Jan 2000 Two people were killed. and at least 14 people were wounded' when the LTTE terrorists exploded another bomb in a bus heading for Colombo.

27 Jan 2000 At least 11 civilians were! killed and over 70 wounded when a bomb exploded in a letter box at the main post office in the town of Vavuniya.

Human rights violations by LTTE

The war in the North displaced thousands of people as they fled the fighting between the SLA and the LTTE.

According to United Nations estimates, about a dozen people each month suffered injuries from exploding landmines on the Jaffna peninsula.

The LTTE has also been blamed for the deaths of civilians and other non-combatants, as well as for intimidation of political opponents.

The LTTE continues to kill their own civilians who fail to obey their orders and that includes the Tamil political leadership who had joined the democratic political mainstream to represent the Tamil people. Recently former Chairman of the now dissolved Arapattai Preadeshiya Sablia and another TELO member were, assassinated. The LTTE started their brutal killing in July 1975, with the murder of Jaffna mayor Alfred Duraippah, when it was only a fledgling terrorist outfit. They also killed Jaffna mayoress Sarojeni Yogeswaran in May 1998 and her successor pon Sivabalan four months later. The LTTE also assassinated POLTE leader Unia Maheswaran.

TULF leader A. Amirthalingam along with tamil parliamentarian V. Yogeswaran were shot dead in July 1989. The LTTE's greatest blow to human rights advocacy was its killing of Dr Neelan Thiruchelvam, a Tamil. member of parliament, who proposed an alternative to a separate Tamil state, namely a plan for devolution of power to regional councils set up in part along ethnic lines. Thiruchelvarn's assassination sparked widespread international condemnation of the LTTE's "act of terrorism".

Meanwhile, the suicide bombing on War Heroes Day accounted for 25 dead and more than 60 civilians injured.

Minister of Industries, Mr C.V. Gooneratne, Mrs Gooneratne, the Deputy Mayor of Dehiwala Mount Lavinia, a member of the Moratuwa Urban Council were among the dead. Amnesty International has written to the LTTE London office condemning the attack and appealing for an inimediate halt to attacks on civilians. "The large majority of those killed were civilians and their killing was in violation of International humanitarian law"," the organization said.

The human rights watchdog Amnesty International, joining growing International condemnation against this ruthless killings has stated "under International humanitarian standards all parties to a conflict must refrain from direct attacks on civilians or indiscriminate attacks and are obliged to take all necessary measures to prevent civilian casualties"."

LTTE conscripts child soldiers

Increased recruitment of children has also been reported from LTTE controlled areas, in clear contravention of International law. The LTTE which is suffering from an acute shortage of manpower is forcibly recruiting more and more schoolchildren and conducts short military training courses before sending them o the battle front. Residents attempting to flee LTTE-controlled areas attributed their departure to, among other reasons, the incessant LTTE recruitment drive. The LTTE also have started to execute whoever that refuses to join their orgainsation.

A new era of human rights

The present government is fully geared to restoring the lost dignity of all Sri Lankans and creating a climate of social justice, accountability, and the upholding of human rights in Sri Lanka. Co-operation, discussion, and encouraging society to honor human rights are gradually supplanting the earlier culture of accusation and ostracism.

Currently, several institutions exist for the protection of human rights and ensuring the humane treatment of all people.

Institutions for the Protection of Human Rights

The Supreme Court of Sri Lanka

The Supreme Court of Sri Lanka is vested with the sole and exclusive jurisdiction to hear and determine any question in relation to the infringement or the imminent infringement by Executive or Administrative action of any fundamental or language right. Due to people becoming vastly more aware of their rights today than under any previous administration, the number of fundamantal rights cases filed has increased substantially. An increasing total of 324 cases in 1994 to 814 cases in 1998 were field either against head of government department corporations and other instruction or against Executive or Administrative actions.

(Source Human rights Commission publicaton)

24 Jan 2000 Executed 14 civilians.

14 Jan 2000 A local official and his bodyguard were shot dead in the Northem Jaffna.

05 Jan 2000 Suicide bomber exploded a bomb outside the Prime Ministers office killing 13 civilians, and wounding another 27. The attack was an Assassination attempt on the Prime Minister, who was not in the office at the time.

18 Dec 99 Two suicide bombers exploded bombs in two election rallies: days before the Presidential election, killing 31 civilians and injuring over 180. The attack was an assasination attempt on the Precedent who survived the attack. At least three senior ministers and some foreign journalists, including a Japanese television crew and a Reuters photographer, were among the injured.

10 Dee 99 Fired on a bus carrying civilians in the north-western Marnar district killing three and injuring four civilians.

18 Sep 99 Attacked three villages of Punchi Seegiriya, Kalpengala and

Bedirekka of Ampara. During the attack at least 58 Sinhalese villagers, including 17 women, 2 pregnant mothers and 14 children, were hacked to death. The victims were dragged from their sleep and butchered.

05 Mar 98 A terrorist on a suicide mission exploded a massive bomb hidden in a mini bus at a jucntion in Coiornbo, killing 34 civilians. Over 300 were wounded. The bomb was exploded near, a school and at least two vans carrying schoolchildren were caught up in the explosion, and schoolbags stained with blood were seen scattered in the blast' area. Seven school children were among the dead.

Ombudsman

In order to make the Ombudsman more effective, the Government in 1994 enacted the Parliamentary Commissioner of Administration (Amendment) Act, No. 26. The amending legislation provides for complaints to be forwarded directly to the Ombudsman, and for the Ombudsman to report his determination direct to the Head of the institution concerned and the relevant Minister. These steps provide for a more effective human rights protection mechanism.

To create awareness of the Ombudsman's responsibilities, a brochure has been prepared for free distribution among the public.

Human Rights Commission of Sri Lanka

The Human Rights Commission (HRC) of Sri Lanka, established by the Government in March 1997, is vested with monitoring, investigative and advisory powers in relation to human rights. It has been set up as a permanent national institution to investigate any infringement or imminent infringement of a fundamental right declared and recognised

by the Constitution and to grant appropriate relief. The powers of the Commission are wider than those of the Supreme Court, and complement

_Aria the existing national framework for protection of human rights. There are no time limits for filing a complaint before the HRC.

The HRC is intended to work towards easing the burden of the Supreme Court. The Government sought the opinion of Tamil and Muslim political parties as to the composition of the Commission. The consensus emerged that the Commission should consist of 5 members: 3 Sinhalese, 1 Tamil and 1 Muslim.

Monitoring detentions

The HRC has also been specifically vested with the power to monitor the warfare of detained persons by regular inspection of their places of detention. In order to facilitate this function, all arrests and detentions under Emergency Regulations and the Prevention of Terrorism Act must be reported to the Commission within 24 hours of arrest.

The HRC has received a number of complaints regarding disappearances from the Northern and Eastern Provinces, as well as from other provinces. The officers of the Commission have investigated a considerable number of these cases. The Commission has appointed 10 sub-offices at provincial level to exercise powers delegated by the

Commission. Plans are also under way to establish a regional office in Mannar Town.

President's Committee on Unlawful Arrests & Harassment

A 24-hour service to deal with public complaints of harassment by members of the security forces was set up in the Ministry of Justice on the direction of Her Excellency the President on 12th July 1998. This Committee, comprised of Ministers and senior Members of Parliament, looks into representations made by persons who have been harassed or not dealt with according to law, so that immediate action may be taken to grant them relief. At present, plans are underwear to create a computerised database management system in order to prevent repeated arrests and prevent undue delay. The Board of Investigation The Board of Investigation of the Ministry of Defense was established in November 1996, consequent to the receipt of complaints alleging that persons were missing after having been arrested by security forces in the North. The Board conducts its investigations independent of normal inquiries within the services and other institutions. A total number of 277 cases were referred to the HRC by the Board of Investigation into which the HRC's Jaffna office is investigating. So far, this office has traced 16 persons. Cases instituted against socurity personnel At present, the following fundamental rights and criminal cases have been filed by the Attorney General's Department against security forces personnel in relation to illegal arrests and disappearances of persons. 06 Feb 98 Nine civilians were kill d when a female suicide bomber detonated explosives strapped to her body at a military checkpoint in Colombo. 25 Jan 98 A lorry packed with explosives drove through roadblocks and set off a huge truck bomb outside the Sri Lanka's holiest Buddhist shrine in Central Kandy, killing 13 people and wounding 23. Two toddlers were among the dead. The Temple of the sacred tooth or Lord Buddha suffered serious damage iroin the bomb blast. 31 Jan 96 A lorry laden with explosives, exploded at the Central BanK whilst two other LTTE cadres fired at the, people. A total of 86 people were killer and 1,338 injured. All buildings on either side of the Janadhipathi Mawatha were damaged. 02 Nov 95 In Siyambalanduwa terrorists entered into the village and hacked to death 05 children at the age of 1 1/2yrs. 2 1/2 yrs.03 yrs. 13 yrs. and 15 yrs. They also set fire to two huts, where the children were living. 07 Aug 95 A bomb hidden in a hand cart, loaded with King Coconuts, exploded, in front of Western Province Chief Minister's Office, resulting the death of 21 civilians (18 males and 03 females) and injured 44 civilains. 15 Oct 92 About 200-300 armed terrorists attacked the Muslim villages and 1 had shot and hacked to death a total of 172 civilians. (171 of them were Muslims)] And a total of 83 others were injured. 15 Jul 92 Terrorists attacked a civilian bus proceeding from Kathankudy towards Kalmunai, killing 19 Muslims and injuring 07 Muslims. 02 Jun 87 Armed terrorists shot dead 30 Buddhist Priests and 04 Sinhalese civilians and injured 15 Buddhist Priests at Aranthalawa. 21 Apr 87 Bomb explosion at Central, Bus, Stand, Pettah killed 110 civilians, 298 others were injured. 07-feb 86 - 30-Nvo-84 During this period more than 421 civilians were killed over 1501 injured and about 60 houses by completly, destriyed by the LTTE. Krishirnthi Kumaraswami Case The Government strongly condemned the alleged rape and murder of Krishanthi Kumaraswami and other related murders and legal action was taken to bring the offenders to justice. On July 3,1998 a landmark judgment was passed by the Colombo High Court to sentence to death five army personnel and one policeman found guilty of the rape, abduction with intent of forcing into illicit intercourse and murder of Krishanthi Kumaraswami and three others. In another alleged rape incident, on July 20, 1998, the Manner District Court ordered the detention of two soldiers from Pallimunai army detachment who were accused of raping and murdering a 20 year old girl, a former LTTE cadre who had surrendered to the army. Chemmani Mass Graves It is alleged that over 300 persons killed by the armed forces in mid- 1996 were buried in the Chemmani area. On July 13, 1998, the HRC initiated investigations into the case. Exhumation resumed with the assistance of Sri Lankan and foreign forensic medical experts, human rights observers and fire-arms experts. Embilipitlya Case In this notorious case in which twenty-five people, including twenty-four students, "disappeared "from Sevenagala army camp, justice was done. Although the court was unable to prove murder, six members of the army and one high school principal were sentenced to 10 years' imprisonment, having been found guilty of abduction with intent to murder, and wrongful confinement. In addition, the Wavulkele Case, the Mailantenna Case, and the Bolgoda Lake, Alawwa & Diyawanna Oya (Floating Bodies) Case are also pending investigation. Other programs in action Human Rights Education for Armed Forces Human rights education forms part of the training of all law enforcement officers members of the Armed forces and priso officers. This training includes lectures o the fundamental rights guaranteed by the Constitution, international norms of hu man rights, criminal procedures and the duties and obligations of law enforcemen officers. Compensation paid to families of disappearedpersons The Rehabilitation of Persons, Properties and Industries Authority (REPPIA) has been paying compensation to the families of disappeared persons since 1995. As at November 1.998, fifteen thousand such persons have been registered with REPPIA, in respect of whom compensation has already been paid in 9,000 cases. Over Rs 300 mn was paid in compensation during the period from December 1995 to November 1998. In 1998 alone, Rs 140 mn was disbursed to pay compensation in 3,400 cases. provisions In the new Constitution to guaran tee human rights Every individual has the right to a fair trial in terms of the criminal law procedure. If an injustice is caused to any individual in the course of a Magistrate exercising his judicial powers, it has been given in the new Constitution, for the first time, that an aggrieved party has the right of action to seek compensation from the state. The period of one month within which to seek remedy in a case of violation of human rights has been extended to three months under the new Constitution, taking the view that the short period represented by one month effectively negated the right which had been granted. The right to life incorporated in the 1972 Constitution, which was removed by the 1978 Constitution, has been reintroducedto the proposed new Constitution. Another new provision relating to freedom of formation means that in future the general public will have access to information from government files, except for information relating to state security. In addition, the new Constitution recognises that the state has the responsibility of fulfilling the basic rights of children who have been deprived of parental care and other basic human needs.* Published by * Policy Research & Information Unit 177, RA De Mel Mawatha, Colombo 03, Sri Lanka. Telephone/ Facsimil) 1-341070,343357 E-Mail: pubIications(ct,,priu,govlk Website,:-h-ttp://wwwpriu.gov.lk The Letter of Government * Issue No. 7 * 21 June 2000
