By Basil Fernando –
Basil Fernando
The rape and murder of a 17-year-old schoolgirl two weeks ago, has given rise to the biggest protest seen in North in recent times. The police have announced that 9 persons have been arrested and are been investigated. DNA samples have been taken and sent for examination.
Meanwhile, the President of Sri Lanka publicly stated that the case would be tried in a special court to avoid the usual delay and to ensure justice speedily. This promise by the President is quite welcome. We hope that the investigations will be completed soon and the Attorney General will also file the indictments soon and the trial will commence.
While this move is being appreciated, it needs to be emphasized that a speedy trial in cases of rape is a right of all victims of rape and, in fact, of the community in general.
The delays that now prevail are scandalous.
Let’s take the case of Rita who was 14-years-old when she was raped on 12 August 2001. She was a schoolgirl from an underprivileged background. Her parents were working in the tea plantations. Alleged rapists in her case were two young boys from affluent families in the area. Within a short time following her complaint, the police were able to locate and arrest the two suspects.
However, now, 14 years after the event, the trial is still dragging on. The victim has regularly attended the court and has in no way contributed to the delays. However, as is done often in such cases, in this case too, the defence sought delays for all kinds of reasons knowing that it has a weak case. Unfortunately, the relevant courts in which the case has been taken up have taken no serious efforts to ensure a fair trial without undue delay.
The numbers of cases in which there are scandalous delay has to be counted in thousands. The task before the President and his government is to find a solution to this terrible problem. As for the President, he has a full term of office before him, as he has been elected only on the 8 January 2015.
The President’s task should be to, first of all, request appropriate authorities, particularly the Minister of Justice, to provide for him a thorough report on the state of delays in adjudication of criminal cases in Sri Lanka, with emphasis on the trials in most serious crimes, such as rape, murder, and the like.
The President has declared the primary goal of his government is to ensure good governance. It should not be difficult for him to grasp that as long as there is scandalous level of undue delay in the trial into serious crimes, good governance is not possible. The greatest threat to good governance is crime. Addressing this problem about undue delays in adjudication, among many other problems, the President and his government needs to take action to ensure the following:
The first, most important, step is to restore the hearing of criminal trials on a day-to-day basis. This was a practice when jury trials were in practice. However, the virtual abandonment of jury trials has left the decision of postponing the dates of trial to the discretion of the judges. Examination of any of the case records of the trials that have been going on for some time would clearly indicate that the grounds on which the postponements have been given are not rationally or morally justified. Hearing of the cases on a day-to-day basis should not be left to the discretion of the judges; such hearings should be made compulsory. The adjusting of the court schedules for this purpose is purely a task of managing cases. If a court cannot hear a case on a particular date, there is no rational purpose of fixing the case on trial on that date. This is just a matter of common sense. This should not be a difficult task for the President of the country to set-up through appropriate authorities and also to get the cooperation of the courts for that purpose.
There are other matters, such as delays in investigations and delays at the Attorney General’s department, which are also, for the most part, a result of neglected management. Inadequate funding of relevant departments is certainly one of the major causes for negligence in management. It is the duty of the President and his government to make the necessary funding allocations to the relevant departments so that they can resolve the internal problem of time in relation to fair trial.
In taking these steps, the primary policy issue involved is the important place that should be given to the administration of justice. As the President is eager to highlight the difference of his political administration from that of the former President Mahinda Rajapaksa, emphasis being placed on proper administration of justice would be one of the most important areas of distinction. With the former government, neglect of the justice system was part of its political agenda. It is only by destabilizing the system of administration of justice that large-scale corruption and abuse of power became possible.
It is understandable that due to the political climate of the recent past, the Military has acquired a prominent place in the country. It should be noted that in maintaining peace and stability, institutions of administration of justice play a far more important role than the Military. However, this peacetime perspective has been completely missing during the last regime. This is one area that the President needs to take a critical look at if the goals he has set to achieve are to be realized.
It is quite well known that quite a large part of the national budget is allocated to the Military, as compared to the budget allocated for running the institutions of the administration of justice. Such lopsided allocations of budget are an indication of the absence of a national policy for realising peace and stability through the means of a functioning system of administration of justice. No amount of military intervention could address problems of internal security and stability if the institutions meant to administer justice are neglected.
Thus this issue of brutal rape and murder of the 17-year-old girl should require a more profound response than the mere promise of a speedy trial only for this case. In the first place, if the country’s civilian policing system and the courts were functioning properly in the area where this crime took place it is quite likely that the crime itself could have been prevented. Prevention of violent crimes is primarily a task of the institutions of the administration of justice. Therefore, civilian policing and the courts need to be strengthened in these areas, as well as in the rest of the country, to prevent further chaos.
*Deterioration of the Legal Intellect – Part 8
Bensen Berner / May 27, 2015
“The delays that now prevail are scandalous”. The Sirisena government should pay heed to this comment especially on the aspect of the “Laws delay” if they are to win the confidence of the people. This is another classic by Basil. Bensen
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Amarasiri / May 28, 2015
Basil Fernando –
Institutions For Administration Of Justice Are Far More Important Than The Military
“The rape and murder of a 17-year-old schoolgirl two weeks ago, has given rise to the biggest protest seen in North in recent times. The police have announced that 9 persons have been arrested and are been investigated. DNA samples have been taken and sent for examination.”
So until the People’s Protest, it was Law amd Order as usual. The Rapist gang rape a 17-year old student, the people catch one rapist, hand over to the Sinhala Police, and they release him, because the Sinhala DIG, who was a shill of Mahinda Rakapaksa, took a Rs. 4 million bribe.
The rapist was accidentally caught in Colombo, by an observant boarding house owner, and handed over to the Sinhala Police for the second time.
The Victim was aTamil Student from the North, and All the Rapists were Tamil men from the North!
Solve the Puzzle!
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Raja / May 27, 2015
Will he be able to do it against the prevalent inertia of the state apparatus?
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Lasith / May 27, 2015
Justice is a fundamental Human right in every civilized country.
Its not too much to ask for.
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thondamannar / May 27, 2015
Usual rhetoric by Basil fernando of AHRC.
Basil need to ask his current boss Bijjo Francis about the RAPES that take place in HINDIA. It was reported that a RAPE takes place somewhere in India every 20 minutes.
“As the President is eager to highlight the difference of his political administration from that of the former President Mahinda Rajapaksa, emphasis being placed on proper administration of justice would be one of the most important areas of distinction.”
Yes. this President did not even know that FCID was gazetted using section 55 of the Police ordinance.
HERE BASIL TALKING OF ADMINISTRATIVE JUSTICE.
Its time Basil F’do walked the talk. We heard his rhetorics & observed HMV for this long promoting their hidden agendas.
Why is Bijjo Francis is silent on the RAPES that take place in India. Is it because affluent Indians are involved or India is now a lackey of the USA and the West?????????
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Alahakoon / May 27, 2015
Lot of comments trying to indicate India has more rapes, that is a lie.. Per capita reported rapes in India is much less than SL. In 2012, 25,000 reported rapes in India. SL has 1500 reported rapes, but there are only 21million people in SL.. If Indian behave like Siri Lankans, there should be 90,000 reported rapes in India.
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Native Vedda / May 27, 2015
thondamannar
“Basil need to ask his current boss Bijjo Francis about the RAPES that take place in HINDIA. It was reported that a RAPE takes place somewhere in India every 20 minutes.”
Are you in competition with India in rape ranking? If you are in, then you should line up all the rapists to show off their abilities.
The unfortunate brutal rape and murder took place in this island and not in India. Are you holding Indians responsible for the rape of this school girl?
Does Indian record make rape less evil and provide you with license to rape?
If you are so concerned about incidents of rape in India why don’t you go there and help the country prevent such violence taking place?
Incidents of rapes in India is Indian problem and not yours. Let them deal with it as best as they can.
Whats the matter with you stupid people?
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John Stewart Sloan / May 28, 2015
Well said Thondamannar,
Basil continues his rhetoric from the safety of his office in Hong Kong, where, according to him he is in hiding because he is on a UNP hit list. Apart from taking his own executive director to task about the number of rapes in India he should also question himself about having turned a blind eye to the failures of his own administration.
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Indra / May 28, 2015
Colombo Telegraph should know that “thondamannar” regularly contributes destructive comments. These comments only diminish the value of CT to CT Readership – a goal opposed to the ideals of CT. There are many other regular commenters too with similar aims, and it should be easy for CT to identify.
There are regular Article contributors to CT too, who present unreasonable, half baked, misleading, irrelevant and / or offensive agendized, view points, which deserve to be shown the door. But Basil Fernando is not one of them.
This particular comment of ‘thondamannar’ is not the kind that should have been tolerated at CT. It could have been ignored by CT, even without the need for ‘editing out’. The reason is that the comment has clearly contravened the Comments Policy of CT Items 1, 2, 8, and 10. The Comment Policy is not there for decoration.
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John Stewart Sloan / May 28, 2015
Indra, Are you suggesting that CT should ONLY publish comments which are complimentary of Basil Fernando? Are you perhaps in the pay of the AHRC?
Every reader has the right to praise or condemn statements and articles if they feel that they are not correct or fairly presented.
CT should, and must, present all sides of the story as long as they don’t contravene their own guidelines.
Thank you CT for your fairness.
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justice / May 27, 2015
The military in the past, has been acting as the judge, jury and executioner in instances of murder in the north, to cover up its own involvement.[Edited out]
Please write instead of posting web links – CT
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Native Vedda / May 28, 2015
justice
“The military in the past, has been acting as the judge, jury and executioner in instances of murder in the north, to cover up its own involvement”
Read the article below and see what Sarath Fonseka has to say about war crime and crime against humanity. He has shifted his position:
Former Sri Lanka army chief says he would welcome war crime investigation
Sri Lanka’s wartime army chief says his conscience is clear and he would welcome a war crimes investigation to prove his innocence.
“The allegations are there,” Field Marshal Sarath Fonseka said in an interview with the Guardian. “We have to clear our name.”
In May 2009 the then General Fonseka was the head of the Sri Lankan army that defeated the Tamil Tigers, or Liberation Tigers of Tamil Eelam, ending Sri Lanka’s brutal 26-year civil war.
Nearly two years later, a UN secretary general’s panel of experts reported that both government forces and the Tamil Tigers had potentially committed serious human rights violations in the final stages of the war.
Shocking footage of the war’s end emerged shortly after, suggesting widespread crimes had been committed by forces under Fonseka’s command.
While accepting that some crimes occurred during the war, Fonseka insists that these were acts of individual offenders, and not systematic. “The army as a whole, I can give the assurance that we never committed war crimes,” he said.
“There were no rapes, no torture during my command during the war. I know there have been a couple of allegations. But there should not be reason to try to declare war against the media or against the international community. We can clarify it.”
To his supporters, Fonseka is a war hero. But to others he is a war criminal. He insists he has a clean conscience.
“My intentions are clear. I did everything in good faith. My job was to save the territorial integrity and the sovereignty of the country. I have done it. I did it as per the rules.”
In 2010 Fonseka unsuccessfully contested presidential elections against his former boss, Mahinda Rajapaksa.
Speaking to the Guardian in Sri Lanka’s capital, Colombo, Fonseka claimed the former president and his family had acted like dictators after their 2010 victory.
“Rajapaksa’s conduct was not acceptable to this country, especially after we finished the war,” he said. “He and his brother – secretary of defence – his whole family, his children, his wife, everybody was trying to behave like a king here; they were behaving like dictators.
“That’s why I left him. I wanted to be away. Then he started harassing us. He thought that he could intimidate us, terrorise us and keep us silent.”
In 2010 Rajapaksa stripped Fonseka of his military rank and decorations. The following year Fonseka was jailed for suggesting that the president’s brother, the defence secretary, Gotabaya Rajapaksa, had ordered Tamil Tiger leaders to be killed as they surrendered.
The Rajapaksas have denied any wrongdoing during the conflict.
In January 2015 Rajapaksa, who had won two consecutive terms as president, suffered a surprise defeat at the ballot box at the hand of a broad coalition of civil society and political powerbrokers.
The winning candidate, Maithripala Sirisena, had been Rajapaksa’s health minister and the secretary general of his party, the Sri Lanka Freedom party.
The main opposition party, the United National party, as well as former president Chandrika Kumaratunga (herself a Sri Lanka Freedom party member), influential Buddhist monks, and the leadership of the Tamil and Muslim minorities supported Sirisena’s candidacy.
Votes from the island nation’s religious and ethnic minority groups were key to his victory. The new president vowed to implement widespread reforms within 100 days of his election, including transferring powers away from the president to the parliament. But he has had difficulty delivering his pledges.
The UN human rights council delayed the release of its report on humanitarian crimes during the civil war to give more time to the new administration.
There have long been calls for Sri Lanka to allow a full international investigation, but Sirisena promised only a domestic inquiry into wartime human rights violations. Last week the government announced the inquiry would begin in June.
While observers say there have been some positive developments in public accountability, including a reform package passed last month by the Sri Lankan parliament, concerns about human rights remain.
Sirisena’s appointment as army chief of Major General Jagath Dias, who led an army division linked to war crimes in the final months of the war, is worrying, according to Human Rights Watch.
The new government, the result of a fragile cross-party political compromise, is negotiating a delicate path, seeking to fulfil the aspirations of the minorities whose support helped bring it to power while also retaining support among the majority Sinhalese community.
Despite his electoral defeat, the arrest of one of his brothers, and ongoing corruption investigations into another, Rajapaksa remains a political force in the south where he is positioning to run for prime minister on a wave of Sinhalese nationalism in forthcoming parliamentary elections.
Fonseka, who was exonerated by Sirisena and promoted to Field Marshal, said he no longer harboured ambitions to be president or prime minister. “I am ready to say goodbye to politics at any time. My ambition is not to become president or become prime minister, but to ensure that the country is taken on the right path.”
http://www.theguardian.com/world/2015/may/27/
former-sri-lanka-army-chief-says-he-would-
welcome-war-investigation
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John Stewart Sloan / May 28, 2015
[Edited out]
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Native Vedda / May 28, 2015
John Stewart Sloan
“[Edited out]”
Go on say what you want to say. We are listening.
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John Stewart Sloan / May 29, 2015
Native Vedda,
I respect CT and their guidelines. If I crossed the line they have every right to delete my comments.
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Native Vedda / May 31, 2015
John Stewart Sloan
“I respect CT and their guidelines. If I crossed the line they have every right to delete my comments.”
You should learn to effectively say what you want say without crossing the line. It is only possible if you are willing to use your brain and not your stupidity.
Try again.
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Sellam / May 27, 2015
There has to be a sinister and deeper plot in the Rape and murder of the 19 year old girl in the North which no one seem to know. The police have failed completely to investigate into the complaint made by the victim’s parents as to the whereabouts of their daughter who had gone missing. They were told by the Police that she may have eloped with someone. When such a dirty attitude was taken by the police, how could those guardians save the public. It was alleged that there were twelve suspects involved, what happened to the other three suspects. Three suspects are from one family. The police and the army is corrupted during the former regime. Some of the Tamil youths could do anything and get away with it with the support of the police and the Army. There should be a change in the North. The army has to be withdrawn and the majority of the police personnel has to be from the minority. This atrocity will be forgotten soon until there may be another such dreadful incident.
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Ajith / May 28, 2015
This case is a good challenge for the good governance. President Srisena has done a wonderful job. He travelled to Jaffna and listened to politicians elected by people, students, teachers victims family and expressed his grievances and ordered for an immediate speedy justice. The people around the country raised their voices against this crime. Unfortunately the greedy former President Mahinda tried his effort to expolite this situation but Maithiri gave him a blow by visiting the victims.
It is important that the rapists and murderers should be punished but the events that happened after the murder such as the release of a suspect from a police custody and the delay in responding to the complaint raises serious questions about police. It is not secret that law and justice system were politicised during the past decade and we still have the same people responsible for law and justice system. People have lost their faith in the system and people are still afraid to raise their voice against this system. You cannot continue to cover up the failures of the system saying it is our police and military.
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daya.thevi / May 28, 2015
A good wake-up call to the entire SriLanka. This is the Nation that produced the world’s first woman prime minister, equal participation of young women in desperate armed rebellions, worship pattini or kannagi as the goddess of protection in villages. Finally, historically although king Ravanan kidnapped Sita by brutal means, respected her self respect and dignity throughout her imprisonment in Lanka and even when he was loosing the battle with Rama. No revenge taken against the captive helpless woman under his control. Something the recent administrations and the society can learn from.
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K.A Sumanasekera / May 28, 2015
You make me laugh Mr Basil,
The very people who prolong court cases are the BASL.
And you know how powerful they are under Yahapalanaya.
Cops meted out swift justice to a few sick bastards in the South who did some heinous crimes
Poor inhabitants in Pundithiuv would have loved to see that happening to the perpertrators who destroyed their lovely daughter.
People who took the side of the crims are now part of the Yahapalanaya.
The un disputed Leader of the Elite and our un elected PM made Illanagkoon a honarary member of the UNP even before the Prez Election.
Of course without any records.
And organised the UNP Yahapalana Police not only in the South but the North as well.
Vellalas and the Anglicans and the Wahabis were happy because Ranil’s F…CID were going only after the Sinhala Buddhists. .
Even the ex President’s lovely Missus who didn’t even take up Badmimton on our Tax payer dosh wasn’t spared.
Ranil and nephew locked up the Security forces in their barracks after bringing all the good ones back to the South.
Diaspora Dollars stared working well for the haves ,
And the UNP Cops were making money too, according to the Media of the Elite , , Samare’s own LeN…
In fact the figure mentioned is LKR 4 Million to share among the Professore’s ex students and his mates.
Mr Basil must have focused on preveting the breakdown of the peace and quiet which lasted 6 years since Nanthikadal.
I thought these Yahapala dudes have practiced all those u beau suggestions of Mr Basi when CBK, Cousin, Mangalan, and Galleon were in the Opposition for well over 10 years, contemplating Yahapalanaya..
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Native Vedda / May 28, 2015
K.A Sumanasekera
I am looking for books such as Vitty pot (about ancestors who had come from Tamilnadu), Kadaim pot (boundary books) and Bandaravaliyas (books on histories of aristocratic families from Kotte or Kandy).
Do you know where can I access these books, ola manuscripts, etc?
You owe this to me as you know I am the only person who tolerate you more than others.
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Dr Laksiri Fernando / May 28, 2015
Need for Community Policing (Bicycle-Policing) as Well
While I endorse what Basil Fernando has proposed, it is also high time to consider the handing over at least some police powers to the Provincial Councils, particularly in the North and the East. One aspect of handover could be in the area of Community Policing.
Shockingly rude and racist reactions to an elderly Jaffna woman by a senior police officer during the recent protests show the extent of police reforms that are necessary in these regions. Tamil or Tamil speaking police officers with human rights training is a must. This could better come through Community Policing under the responsibility of the Provincial Councils. Community Policing of course is a part of policing portfolio in Sri Lanka under the present Police Ordinance which has been terribly neglected even before the war.
To my knowledge, Asia Foundation and the Overseas Development Institute (ODI), Britain, promoted the police to re-introduce Community Policing in Matara and Vavuniya in recent times on an experimental basis and it was an exceeding success in crime control. One aspect of the initiative was to re-introduce ‘Bicycle-Policing.’ If there were Community Policing, not only the rape and murder of young Vidya could have possibly been prevented but also the gangs that operated in the remote areas of Pungudutivu island, (near Kayts), could have been apprehended well before.
‘Bicycle-Policing’ is a must to prevent other Vidyas falling into the same fate and protecting school children from even other crimes. Vidya herself was a bicycle rider and women police officers could be the best to undertake ‘bicycle-policing’ and this goes well with the traditions of Jaffna women as far as I know.
Why not start a women/men ‘Bicycle-Policing’ system in the name of Vidya.
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K.A Sumanasekera / May 28, 2015
Doesn’t Dr Lucksiri come up with brilliant ideas to bring up our Dalits to his Elite level?..
That woman from Rent a Crowd having a go at the UNP ASP was more important to Dr Lucksiri than the dastardly attack on that poor girl by the Diaspora Dude and his “Diaspora dole” receiving mates..
One thing Dr Lucksiri got right is the recruitment pool for his TNA Police.
In Fact there are 11,000 of them with special weapons training as well.
Vellalas can even form their own STF without any help from Ranil’s old Uncle Bandung Booruwa’s Military Joint.
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Navin / May 28, 2015
High time CT considered policing the comments feature against encroachment from the likes of Sumanasekera who are nothing but destructive.
It is clear Sumansekera gets an erection simply by putting down well meaning people who try to be useful. Why does CT want to assist him by providing him masturbation material?
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Native Vedda / May 28, 2015
Navin
“It is clear Sumansekera gets an erection simply by putting down well meaning people who try to be useful. Why does CT want to assist him by providing him masturbation material?”
It is to prevent more rapes being committed by people like K A Sumane.
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Navin / May 28, 2015
See Native? … you already got 1 thumbdown. Wonder whether male or female!
Out of the many categs of CT commenters quite a few of them are the perverts (sumane) the brain-dead (thondamannar), and dry fish (John Stewart Sloan)
Ape karume thamai.
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justice / May 28, 2015
Dr Laksiri Fernando,
Past couple of years, an entire regiment of tamil female soldiers was recruited and trained, and the march past was shown on the army websites.
They are now mysteriously, not to be seen anywhere.
These soldiers could take over “community policing” and could do a good job, as they are cognisant of problems among the tamil population.
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Bahirathy Jeeweshwara Rasanen / May 28, 2015
You are really a courage lawyer in Sri Lanka! Voice tirelessly to reform the administration of Justice since a long! It is an elitist and capitalist organization as many say, so that many are afraid to comment. Sri Lanka needs many lawyers like you, salutation to you, first of all! A space has been created now for all of us to give our suggestions for good (better) governance, not only in political infrastructure, but all the social institutions which deal with citizens’ law and order and justice. I expect that you will write more in the future, if you cannot answer to my questions via CT.
First, I want to know your better suggestions as an eminent lawyer, how can the administration of justice be corrected the delay in adjudication in Courts? Please share your knowledge on this after doing a cross countries examination.
Second, I, I think many of us will agree that ‘Sri Lanka has a corrupt police force which was used by politicians for their own ends, and complete impunity has set in.’ It is really very pathetic to read about Sunil’s case you wrote some time ago in CT. What sort of reforms you have in this particular state organization? Pl consider the characteristics of the population in the provinces and the recruitment policy of the SL government to better reflect the law and order and hence the justice. Local ownership has been the raising currency in terms of the post war conflict security reforms, eg, El Salvador New Civilian Police Force. What is your opinion on this?
Third is regarding the way in which the Bail in Sri Lanka is exercised. I’m not a lawyer, neither a student of law, but after noticing the rising level of law and order in the societies as a concerned citizen I skimmed down the Act of Bail out of my personal interest and it has many contradictory clauses under different sections by which even a serious criminal can escape from the law and get back to his nefarious business in society if I have understood correctly. Apology If there is misunderstanding.
It says in one place that the ‘Bail may be granted unconditionally or subject to any written conditions which is determined by the court or police officer’. Does this mean both the court and the police officer has the power to grant bail? Then, this Bail Act provides granting bail as the rule; refusal of bail as the exception and also the Bail Act does not specifically state that right to bail as a right. One reason perhaps, in Sri Lanka, interpretation of bail is not given in the Bail Act No 30 of 1997.
Under article 10 [7] of the 1978 Constitution it further says “Any person detained in custody or confined who is entitled, under the provisions of any law, to be released on bail or on the person executing a bond, shall be so released.”
As usual the law has room for multiple interpretations, my suggestion is that in order to bring back the law and order of a collapsed society/post war society, even under non-bailable offences the Magistrate should not use his/her discretionary powers. This elasticity in understanding the law on bail in Sri Lanka might have imparted a good understanding to the lawyers and intellectuals about the liberty of the citizen on the grounds of human rights, but not to the criminals who take advantages of the law as it is exercised now for the continuity of his criminal activities. What law maker’s frame in terms of liberty will not be understood in the same sense by those who are involved in crime; it just gives the opposite message as I have observed in numerous cases in my surroundings.
Under Section 13 it says that “A person suspected or accused of being concerned in committing or having committed, an offense punishable with death or with life imprisonment shall not be released on bail except by a Judge of the High Court”.
Section 14 offers the denial of bail under certain grounds such as that such person would; ‘(i) not appear to stand his inquiry or trial (Flight Risk); (ii) interfere with the witnesses or the evidence against him or otherwise obstruct the course of justice; or (iii) commit an offense while on bail; or (b) that the particular gravity of, and public reaction to, the alleged offense may give rise to public disquiet’. Then all the offenses such as rape, murder, severe physical attack should come under this category – which leads to the important question as to WHY OUR LEGAL SYSTEM and the LAW ENFORCEMENT FAILS TO OPERATE IN THE MANNER IT SHOULD TO MAINTAIN THE LAW for ORDER IN SOCIETIES? This should be taken seriously. The new regime should take serious note of malaise in law enforcement and the Rule of Law.
As I have noted concerning the overall securitisation in Sri Lanka the provision of laws in the constitution is well written reflecting the civic aid and thus understanding plurality. But they are not in practice or I’m afraid to say mishandled by those who are supposed to work with law enforcement and the rulers. Courts should function with the prime motive of implementing justice and protection in the community. An individual right to be entitled to be on bail should not be making chaos/disorder in the society.
I want to end this comment with your quote from somewhere,
“People want change. People demand that their human rights are respected by their governments, not by words but by genuine improvement of the public institutions; they want justice to be something real, tangible and accessible. A wise way to deal with this is for governments to facilitate these changes. This is the only way open to end violence and achieve peace in all parts of the world. More developed countries should demonstrate more wisdom by assisting such changes and not supporting repression.”
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Uthayan+ / May 29, 2015
Bahirathy Jeeweshwara Rasanen,
Thank you for your comment.
I hope that an expert clears the doubts about our legal system that you express and most of us share. There are many contradictions between the written law and practice.
“Local ownership has been the raising currency in terms of the post war conflict security reforms, eg, El Salvador New Civilian Police Force.
Why don’t you as a senior lecturer at Jaffna University publish an article on this?
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thondamannar / May 28, 2015
Indira…… do not check on thondamannar BUT just make an effort to prevent RAPES happening in the North. ITS GETTING ENDEMIC.
Yesterday 27/May, another 06 year old girl returning after school had been taken into a Public Toilet and Raped in Killinochchi.
What has taken over the willies of the Northerners ??
I suggest INDIRA need to join Basil to control the willies of the people in the North prior to embarking on “Institutions For Administration Of Justice Are Far More Important Than The Military”
THIS IS CERTAINLY DESTRUCTIVE BEHAVIOUR BY THE NORTHERNERS INDIRA.
Native veddah, it appears statistics that are going to come out from the North in 2015 is going to out do India again as shown by Alahakoon IN 2012.
Whats the matter with you stupid people? – Native Veddah……..
Now the matter is with the willies of the stupid people in the North. An innocent 06 YEAR OLD girl has been RAPED in Killinochchi.
IT APPEARS THE PRESIDENT WILL HAVE TO take another helicopter ride to VISIT KILLINOCHCHI THIS TIME.
What happened to this little girl too is as important and moreover she is alive receiving treatment at Jaffna Hospital.
JOHN STEWART SLOAN POINTS TO FAILURES OF HIS OWN ADMINISTRATION.Hence how on earth the Ad. Justice going to be implemented by BF ?
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Native Vedda / May 28, 2015
thondamannar
What all these rapes in North and South got to do with India?
It would be advisable to confine your observation to this island. It is Hindians problem to deal with rapes in India.
Stop comparing all your ills to other countries. Our people need and should demand the best not the second or third best.
“Yesterday 27/May, another 06 year old girl returning after school had been taken into a Public Toilet and Raped in Killinochchi. What has taken over the willies of the Northerners ??”
Check all movements of willies of frustrated members of armed forces and their golias in that area.
Stupid and racist Thonda
Rape is a rape is rape is a rape, whether it is a Northern or Southern willy. Do you wish more rape to take place in the North which will make you happy so that you can wave a piece of paper with willy forced pussy statistics?
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Indra / May 28, 2015
Hey Thonda … So I have to make an effort to prevent rapes? May be you should bring those rapists to me … and I will cut off their dongs.
But seriously I can suggest to people like you who are so keen to reduce rapes, to read the leading authority on the subject, Miss Deepthika Appuhamy, she has all the answers. https://www.colombotelegraph.com/index.php/in-response-to-are-women-to-be-blamed-for-rape/.
As suggested by her perhaps (1) you should start sex education classes for boys and girls. She has also said rape will be reduced if Society will recognize the right of young girls to display their assets to psychos on the prowl. (2) You may also suggest to CT to carry a large banner daily saying “Girls have the right to display everything they have”. (3) Take suitable action so that people like Mohammed Fazl (https://www.colombotelegraph.com/index.php/are-women-to-be-blamed-for-rape/) who advocate moderation and decency in language and dress can be censured for their antiquated ideas about what is decent behaviour and banned from having their Articles published in the CT.
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Navin / May 28, 2015
Ask Miss Deepthika Appuhamy, she has all the answers.
https://www.colombotelegraph.com/index.php/in-response-to-are-women-to-be-blamed-for-rape/
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thondamannar / May 28, 2015
Native veddah….. you are barking up the gum tree.
The North I knew was a peaceful place where there was so much respect for the elders.
Rape was the last thing in the minds of ther Northerners.
just can not comprehend what is happening there today?
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kali / May 29, 2015
Basil Fernando
Institutions For Administration Of Justice Are Far More Important Than The Military:
*** I havent read your Article as people like you come up like Mushrooms and air a few words and the culture of deep rooted prejudice towards Tamils is not going to change.
But with the title you have hit the nail on the head and that is the problem.
A recent study from a Think Tank in the US has quite categorically stated that despite MS coming to power with Tamil vote there is a reluctance to demilitarise. Which simply means that the people of the North are still living under army occupation.
Dayan recently sai that at least this time around the Rapists were not Sinhalses Soldiers. But even if they were not Solidiers ( we dont the whole truth) they are aided and abetted by the Sinhalese forces to committ such terrible Crimes and this poor girl is a tip of the Iceberg.
Out destiny lies outside of Sinhala Lanka and fate will have it things have taken a turn for the worst to tell the World building up to UNHCR report that in Sri Lanka Tamils can never expect to be treated equally live with Freedom.
We will get to the promised Land and Govern ourselves and avoid the horrors of Vidya but it is going to take a little longer and there will be few more tragedies.
We cannot live under occupation with the Army still roaming around with a Sinhalese Police Force.
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Sunil / May 29, 2015
It would be an acknowledgement of Vithya’a pain and that of her family if the final outcome of her passing results in permanent measures being put in place to ensure the safety of women in society.The Western countries have come a long way on these issues due to their women being more prepared and bold enough to confront the problemshead on and use their mussel as voters to demand action from politicians.They have thus found the strength and power to talk to men in power on equal terms.It is an absolute pity that women in power in Sri Lanka have behaved worse than men in defending and speaking up for the betterment of women’s affairs.It is imperative that threats to women be identified and police protection be afforded very early.I have no doubt that Vithya and family would have known the threat before it ended in tragedy but had no recourse to seek protection through law as there isn’t any system in place.If as is the case in most Western countries people are able to get Apprehended Violence Orders that require police to intervene promptly when minor incidents occur,major calamities such as Vithya,s rape and murder could be avoided.The President must initiate immediately a Commission of Inquiry consisting of eminent retired Judges to investigate and report on the best available courses of action they could recommend for putting in place measures for prevention of violence against women,children and weak elements of the community such as the elderly.This is an investment a country can make as it would increase productivity through greater participation of women in profitable economic activity.More than ever it preserves the dignity of the community we call our Mothers,Daughters and Sisters.
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