Who is “Pulidaran?”: Reflections on International Day of Democracy
Repost This Article
Photo courtesy Vikalpa
Who is “Pulidaran?” What everyone knows – “On July 15, 2008, Pulidaran reportedly shot Kanapathipillai alias Satchi Master, while in Batticaloa prison.[1] What everyone does not, or chooses to ignore – “Pulidaran was a mere boy of 14 when he was arrested under suspicion of terrorism. Pulidaran was held for far longer than 18 months. He is now 29. He was detained for 14 long years before any charges were brought against him. In the news, Pulidaran was described as a LTTE cadre. Most readers did not stop to question what Pulidaran was doing in prison. The words “LTTE cadre” was more than sufficient to quell doubts.”[2]
In “celebration” of the International Day of Democracy today, I would like to bring our attention back to the Prevention of Terrorism Act (PTA)[3], (particularly in light of the recent ‘so called’ removal of the Emergency Regulations (ER),) which has reared its ugly head in the “Democratic” Socialist Republic of Sri Lanka for more than three decades now. I say ‘so called’ because, a mere week following the President’s announcement to eliminate ER, our “eloquent” AG, Mohan Peiris tells the media “there is no change even though the emergency has been allowed to lapse.”[4] Thus affirming all fears that the Government’s move was purely cosmetic, and that it was in all likelihood only done to appease the international community albeit momentarily. Successive “Democratic” Governments of Sri Lanka have wielded this Secret Weapon which has enabled them to legitimize their illegal actions in the name of “safeguarding” the nation from “terrorism.” The State has long held the entire country to ransom by their arbitrarily usage of the term terror to suit their own racist agendas.
Enacted in 1979, countless campaigns for the ‘Repeal of the PTA’ by human rights groups both at home and internationally, including many Special Procedures of the UN Human Rights System, the Special Rapporteur on the Right to Freedom of Opinion and Expression, Frank La Rue[5] and treaty body Committees, have been to no avail. Now more than two years since the conclusion of the war in 2009, the PTA and its trusty side-kick the ER[6] continues to be meted out liberally to “dissenters” across the country.
The PTA is not only in violation of one specific fundamental human right, but rather, numerous rights, including the right to live free of torture, free of arbitrary arrest, detention or exile, to the freedom of expression, freedom of movement, and to equal protection under the law, as mentioned in the UDHR,[7] of which Sri Lanka is a signatory.
As of 2009, approximately 10,000 prisoners were held under the PTA in prisons island-wide, with numbers having increased significantly since then. (No official record on the exact numbers of detainees is available, due to the Government’s lack of transparency and outright denial of access to anyone to Government records.)[8]
Although the first to be detained under the PTA in 1979 were two Sinhalese activists from Kandy, (thus affirming the fears that the PTA would be misused to stifle dissidents,)[9] thereafter, it almost solely targeted Tamils arrested under “suspicion” of being affiliated to the LTTE.
The PTA allows for the arrest (without a warrant) and detention of a “suspect” for up to 72 hours prior to being produced before a Magistrate. The implementation of the PTA overrides the provisions of any other written law that protects the rights of detainees. The PTA permits the admission of confessions in evidence made to the Police while in custody, and protects all Government officials from prosecution against human rights abuses.
Many persons have been arrested under the PTA, and released without charge after extended periods of incarceration, e.g. Editor of the Tamil Newspaper Sudar Oli, N. Vithyatharan was arrested on February 26th, 2009 and released 57 days later without charge[10]. Veteran Journalist, J.S. Tissainayagam was arrested by the TID on the 7th of March 2008, indicted 5 months later under the PTA[11] for inciting communal violence through his writings and allegedly receiving money from the LTTE. On August 31st, 2009 he was convicted of the charges by the Colombo High Court and sentenced to 20 years of rigorous imprisonment. Having been released on bail on medical grounds, he was eventually given a full Presidential Pardon. Vettivel Jasikaran was arrested by the TID on the 6th of March 2008, and was held in detention for nearly six months before being released without charge. He was indicted on the 27th of August, 2008 for “inciting communal disharmony” by printing, publishing and distributing the magazine North Eastern Monthly. Valarmathi, his wife, was charged with aiding and abetting her husband. On the 29th of January 2010, CID officers broke into the premises of the Lanka Irida newspaper and arrested its Chief Editor, Chandana Sirimalwatte. He was detained in CID custody for three weeks before the court ordered his release in February, citing lack of evidence.[12]
Even though the Government and pro-Government “terrorism experts” have repeatedly stated the necessity to perpetuate the PTA to maintain national security,[13] our Incumbent himself has clearly stated that “…the war against the terrorists is now over.”[14] If so, why then are we as a nation still so insecure?
Most importantly though, as the PTA has been a long standing means of “systematic” human rights abuse in Sri Lanka, it has always taken the back seat to the numerous other violations the state has been accused of over the decades. This is more the reason why the Government must abolish this draconian law with immediate effect, and ensure the security and welfare of all its people.
[1] Sri Lanka: The Campaign For Justice For Political Prisoners – http://www.asia-pacific-action.org/node/295
[2] Sri Lanka: The Campaign For Justice For Political Prisoners – http://www.asia-pacific-action.org/node/295
[3]The Prevention of Terrorism Act (PTA) of Sri Lanka - http://www.lawnet.lk/section.php?file=http://www.lawnet.lk/docs/statutes/stats_1956_2006/indexs/Vol2/1979Y0V0C48A.html
[4]Sri Lanka detains suspects despite end to emergency -http://www.google.com/hostednews/afp/article/ALeqM5jdZb3hRdipcN7jJDE41HlG5BBJIg?docId=CNG.ee159abe0e0b3f7c4e870162182b6233.4f1
[5]Forum-Asia Interactive Dialogue with the Special Rapporteur Mr. Frank La Rue – http://www.indigenousportal.com/Human-Rights/FORUM-ASIA-Interactive-Dialogue-with-the-Special-Rapporteur-Mr.-Frank-La-Rue.html
[6]Sri Lanka: Briefing Paper – Emergency Laws and International Standards – International Commission of Jurists – http://www.icj.org/IMG/SriLanka-BriefingPaper-Mar09-FINAL.pdf
[7]Universal Declaration of Human Rights
[8]More Tamil prisoners join hunger strike – http://sundaytimes.lk/index.php/latest/8938-more-tamil-prisoners-join-hunger-strike
[9]Sri Lanka: Briefing Paper – Emergency Laws and International Standards – International Commission of Jurists – http://www.icj.org/IMG/SriLanka-BriefingPaper-Mar09-FINAL.pdf
[10]Reporters Without Borders welcomes release of N. Vithyatharan – http://sunandadeshapriya.wordpress.com/2009/04/27/reporters-without-borders-welcomes-release-of-n-vithyatharan/
[11]Sri Lankan journalist indicted on terrorist charges – http://cpj.org/2008/08/sri-lankan-journalist-indicted-on-terrorist-charge.php
[12]http://www.amnesty.org/en/library/asset/ASA37/001/2011/en/64530ad7-76a6-4fb1-8f46-996c8543daf8/asa370012011en.pdf
[13]Don’t repeal PTA, Emergency – http://www.sundayobserver.lk/2011/06/12/sec10.asp
[14]Address by President Mahinda Rajapaksa at the Victory Day Parade and National Tribute to the Security Forces following the defeat of terrorism – http://www.slhcaust.org/speeches-a-statements/36-presidential-secretariat-priu/321-address-by-president-mahinda-rajapaksa-at-the-victory-day-parade-and-national-tribute-to-the-security-forces-following-the-defeat-of-terrorism-galle-face-green-colombo-june-03-2009.html
I would like to know whether lawyers are entitled to visit and advise persons in custody, even before interrogation,at police stations and elsewhere.
This is allowed in all democracies.
@Justitia, It depends on what detention centre it is. The ones in Welikada and Boosa have limited access to lawyers, whereas the one in Omanthai, has no access to lawyers, although according to the Minister on Rehabilitation and Political Prisoners, D.E.W. Gunasekera has said that it is Omanthai that holds all the alleged “hard core” cadres. Thus, it’s more so the reason why they should have access to legal assistance. They may be having some level of access now, but it’s very limited and heavily supervised. However, their cases are currently being handled by the AG’s Dept, which I hope will be accelerated, as otherwise, these people are just languishing in detention centres indefinitely and before we know it, it’ll be another Kalutara prison scenario.
Sorry, I forgot to add, “before interrogation”? Most definitely NOT! As for it being permitted in most democracies, well that makes sense, cos’ we’re by no means one.
Marisa
Thank you for writing this.
I call upon all Buddhists to look at their inside on this Day of Democracy – their number can decide anything that happens in Sri Lanka.
We’ve had Gal Oya 1956
We’ve had Welikade 1983
We’ve had Bindunuwewa 2000
We’ve had … …. …… enough. More than enough.
We don’t need ”western Human Rights” ?
Then why let the Buddhist precepts gather dust?
Dear Marisa,
Thank you for bringing out the “legalized” face of state oppression.
This well written article is a need of the time.
Marisa,
Thank you about “access to/by lawyers”.
Today there is a report about a british citizen, also a tamil, being held in detention for past four & a half years. He is regularly visited by british consular personnel, but his harsh conditions of detention appear to have caused him severe ‘mental depression’.
http://www.guardian.co.uk/world/2011/sep/15/british-tamil-held-sri-lanka
Recently,a professor in jaffna ran away abroad to escape “jail without bail”, as reported. This situation appears to be ‘punishment’ for those disliked by the establishment.
Magistrates appear to ‘automatically’ remand all brought before them – even those with obvious injuries, as happened to the more than 100 villagers who had been dragged out while asleep at night in Navanturai, severely assaulted & produced before the jaffna diatrict judge in the morning.
I would like to know whether the judge is obliged to (a) inquire from them how they suffered these injuries, and/or (b)whether he should inquire into the causation of injuries to these persons, on receipt of the JMO’s reports.
If not, why?
Hey Justitia, if you’re still interested, I got the information you asked for from a lawyer friend of mine.
Yes the magistrate is obligated to inquire in to the cause of the injuries. The magistrate plays an important role in the protection of personal liberty and security of persons. Under article 13 (2) there is a constitutional duty and a duty under section 36 and section 37 of the Criminal Procedure Code for a person making an arrest to produce the arrested person before a magistrate without unnecessary delay and within 24 hours. When a person is brought before him, the magistrate must ascertain whether he is well or has any complaints to make and record what he observes and hears. This information can be useful in considering subsequent claims that such person may make regarding torture in custody. The magistrate also plays an important role in preventing torture in his capacity as supervisor of places of detention under Emergency Regulations.
(see http://www.unhchr.ch/tbs/doc.nsf/0/1df6164eba292570802565da00559d96?Opendocument para 18)
Marisa,
Thank you.
But all these provisions in the laws of sri lanka appear to be rarely adhered to,and are most times not practicable.
Police in most cases even refuse to record complaints about ill-treatment by the polce and/or the armed forces.
Magistrates almost never speak with suspects brought before them.
In most western democracies, there are independent bodies of persons appointed to inquire into human rights violations of law enforcemet agencies.
These may take a long time to be implemented in sri lanka.
@Justitia, u wanted to know the “law” so I found out for you what it was. I never said anything about its applicability in SL, did I?
@James Angleton, I’ve got one word for you….R-E-V-O-L-U-T-I-O-N!!!
It can and MUST happen! There will come a time when the people of SL take to the streets to reclaim their lives and their dignity. My hope is that it will be sooner rather than later.
@justitia
You said, “These may take a long time to be implemented in sri lanka.”
Ha…ha…ha…This country is now in full dictatorship mode…so don’t hold your breath…it wont happen in yours or my lifetime.
Dear Bean
As you say “This country is now in full dictatorship mode”. Then what you say as the alternative ?
How should we change this system ?
Appreciate your views
Thanks