Sri Lanka’s HR record improved in 2012 - Dr. Mahanama Hewa

Commenting on the American State Department’s Human Rights Report 2012 on Sri Lanka, Dean/Faculty of Law, Kotelawala Defence University Dr. Prathibha Mahanama Hewa said far from human rights violations, it is clear that Sri Lanka has improved its human rights.

Individual cases such as one Dassanayake who died whilst in police custody are being dealt with according to the provisions of the Penal Code. Preliminary inquiries are being held in regard to two other cases reported in 2010 and 2011. It is not fair to speak of previous years when there was a substantial improvement of human rights in 2012 with a relatively less number of cases of unlawful arrests, beatings and illegal detention being reported. The report again speaks of the 2009 Channel 4 which has since been proved to be a fake creation aimed at destroying Sri Lanka’s image.

The disappearances referred to are those of the period 2009 – 2011 only but there is no reference to 2012.

These are repeated allegations. The previous incidents of torture, inhuman and degrading treatment and punishment referred to, actually fall under the purview of the Prevention of Terrorism Act. The year 2012 was free of disappearances. The Sujith Priyantha torture case in 2003 had been dealt with by the courts and compensation paid to the aggrieved parties.

The reference to the periods of time during which the Prevention of Terrorism Act and Emergency laws were in force, is out of the question since both are mute today. In the 2012 report it is not proper to speak of previous incidents, such as disappearances in 2005 and killing of 16 NGO workers during the Ceasefire Agreement.

There is peace in the country today. The reference in the context of the former Chief Justice to the Judicial Service Commission Secretary as High Court Judge is completely wrong as he was only a District Judge.

In regard to the allegation that the impeachment against the former Chief Justice lacks integrity, it has to be stressed that the impeachment procedure was no jungle law, but rather one conducted in terms of the provisions of the 1978 Constitution and Parliamentary Standing Orders.

Hence, the reference to the impeachment process amounts to challenging the laws of the country. The report has also revived the White Flag case though it was proved to be totally untrue. There are no High Security Zones in Mullaitivu, Mannar or Kilinochchi. They were dismantled long ago. What prevailed in 2009/2010 exists no longer today.

The report contains views held by different people against Sri Lanka such as the report of the committee to advise the United Nations Secretary General Ban-Ki-moon while there is no reference at all to the progress of projects launched to give effect to the LLRC recommendations. There is neither any reference to the activities carried out under the National Human Rights Plan.