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Sunday, 2 May 2004  
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Voyage of hope ends behind bars : 

Will a Vesak amnesty end their woes?

The fee was between Rs. 300,000 and 350,000. Half the price it would normally cost seeking better pastures in Italy. Most of them, fishermen, tenant farmers, masons, carpenters and unemployed youth were attracted to the offer.

What they did not know was that the boat was to be packed with 269 persons, double the boat's capacity of 135. The boat would not have lasted five days in the high seas. Having been caught at sea, and now languishing in prison a Vesak amnesty for their release is their only hope.

by Vimukthi Fernando

All they wanted was to have a better life, earn more money and provide the best for their families. It turned out to be quite the opposite for 269 persons who left the shores of the Western Coast, in a quest for greener pastures in Italy.

Hopes shattered, dreams crumbled down, filled with shame and despair, their only hope now, is an amnesty on Vesak, they say.

The fee was between Rs. 300,000 and 350,000. Half the price it would normally cost seeking better pastures in Italy. The initial payment varied between Rs. 50,000 and the full cost. Most of them, fishermen, tenant farmers, masons, carpenters and unemployed youth living in the coastal area from Colombo to Puttalam and as far as Vavuniya were attracted to the offer. They borrowed at high interest, pawned their jewellery, mortgaged or sold the little property they had, to pay off the kingpins behind their crime. perilous journey

The rest of the fee was by way of a joint account between a family member of the passenger and a relative of the boat owner for those who could afford the money to be drawn out by the relative the moment they set foot in Italy. Those who could not afford the money had to sell, mortgage or pawn their jewellery and property to the owners relatives at a monthly interest of six to eight per cent.

A normal boat that would undertake this perilous journey of over 2,500 miles to Italy through the Indian Ocean, the Red Sea and the Suez Canal for 30 to 35 days would take about 85 to 90 persons in a boat. What they did not know was that the boat was to be packed with 269 persons, double the boat's capacity of 135, say the men in prison.

On the night of departure they were gathered in groups of five to about fifteen at various points from Negombo to Chilaw and ferried to the boat stationed far in the sea, say the men. Huddled in two lower decks for secrecy, they emerged one by one, on the gangway only about an hour into the sea, when the heat below became unbearable.

Though some noticed that they had far too many persons than usual they had no time to count for the skipper of the boat needed assistance with a faulty engine and a broken hose. The head count was finally made after five hours in the sea, when they found out that they had no food, water or utensils, they say.

"There were no plates, since I am a fisherman and used to boat-life I rolled the rice in fistfuls and gave them to eat," says one his voice rising as he remembers. Others chorus agreement.

"We were cheated. We did not know that there were 269 in there. And in that condition, the boat would not have lasted five days in the high seas and we would all have been dead. So, we complained and stopped the boat. We were within the territorial waters and we wanted to come ashore. But the skipper did not take a decision. He had to contact the owner. And the owner did not want us to return.

Remanded

We did not want to proceed, well knowing that we would not be able to make it. So, we were anchored in the high seas for over 18 hours waiting a decision from the owner. And it was then that the Navy launch detected us," he goes on. And thanks to the detection, they are alive today, they say.

However, life ashore was not to be pleasant at all. Detected on Christmas day they were produced before the magistrate on December 26, 2003. After 14 days at the Colombo remand prison they were transferred to the remand prison in Kalutara. Some obtained the service of lawyers to represent them. Meanwhile the boat owner and eight assistants were taken into custody and remanded. However, "we identified them and handed over individual statements, but upto today we do not know what happened to the statements," they say.

"We have been in the remand prison for over three months like murderers. Over ninety per cent here have never even been to a police station or remanded in a police cell. And this has brought shame on us and our families," says one visibly angry.

Minor blemish

"It could be a minor blemish for those of us who are old and married but for these young boys this is something that ruins their future prospects. Would any of these boys be taken into government service, even if they do higher studies?," questions another. About 25 per cent of the group are between 18 to 22 years.

Some just out of school. "We do not have a future now," says a grey and faltering voice with eyes moist in tears.

"If we are to stay another year in prison, nothing will be left of our families. We will be in dire debt. Already, one of his children had dropped out of school," says one, indicating a fellow mate. Those who barely earned Rs. 5,000 a month are now in debt to the tune of Rs. 6,000, 8,000, 12,000 and over per month, plus the amount of money they originally borrowed. Though there is no other option except going back to fishing, carpentry, masonry or casual labour, their only ambition now is getting out of prison.

The meritorial acts of Vesak will bring them amnesty they hope. And trust that the President and the Ministers will consider their plight favourably. "Vesak is our only hope that's looming ahead. We plead with the President to understand our plight," they say.

A petition had been made. The documents pertaining to the plea has been forwarded to the President, and they are awaiting the decision, says the Prisons Commissioner.

######

Invisible hand 

There seems to be an invisible hand who wants to keep the 269 persons behind bars, says Elmo Perera, Vice President of the Citizens' Movement for Good Governance, who had come forward to assist them.

The individual statements from the 269 persons obtained and handed over to a top official in Kalutara Prisons to be forwarded to the Attorney General through proper channels on March 9 "never reached the administrators and disappeared down the line. Up to date those had not been found. Someone wants to restrict them within the prison walls," alleged Perera.

######

Knocking on the door... and not invited in...

Opportunity, by way of 3,000 work permits or quota from the Italian government had been knocking at the Sri Lanka Bureau of Employment's (SLBFE) door, but were not used, the Sunday Observer found out. Verifying a claim that the convicted persons made, that there were 1,500, work visas available, and that one could purchase a work visa paying Rs. 600,000 to 700,000 from sources close to certain SLBFE officials and politicians, the Sunday Observer inquired from SLBFE.

Though the relevant information officer was reluctant to "release the information to the papers, without the approval of the Ministry" the Sunday Observer learns from a high official that a quota of 1000, 500 and 1,500 had been available for the years 2002 to 2004 from the Italian government in an attempt to reduce human smuggling and illegal entry of Sri Lankans into Italy.

However, there had been no mechanism to implement this, he says.

Establishment of links with the industry, the employment agents were needed and training needed to be provided, he points out. SLBFE had fallen short of this due to no one taking any initiative, he says and hopes to take the lead in utilizing these opportunities.

######

Comments from the Prisons' Commissioner

Sri Lankan prisons are already over crowded. There are over 4,000 inmates in the Welikada prison itself. They are maintained by the government and the cost falls on the tax payer. "It costs Rs. 3,800 per month for each person," says Rumi Marzook Prisons Commissioner. Just think of the cost of maintaining 269 persons within the prisons for one year (Rs. 3,800 x 12 x 269 ). It costs Rs. 12,266,400!

And to the question why he has petitioned for an amnesty he answered that keeping them in prison would be making criminals out of them. "Most of them are young. Some in their teens. Due to their young age, some were sent to other institutions in Mahara and Negombo, at their request to stay close to their families.

In prison they might get corrupted associating criminals. Further, they had not done any crime before." However, no decision had been taken on amnesty at the time of writing.

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