15 October, 2019

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Torture Is Still A Common Practice In Sri Lanka

By Basil Fernando

Basil Fernando

Basil Fernando

The UN Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment Mr Juan E Mendez, published his preliminary findings on 7th May 2016 following an official visit to Sri Lanka. He has observed that torture is a common practice in Sri Lanka and structural reforms are required to prevent it. In concluding remarks he states, “…The current legal framework and the lack of reform within the structures of the armed forces, police, Attorney-General’s Office and judiciary perpetuate the real risk that the practice of torture will continue. Sri Lanka needs urgent measures adopted in a comprehensive manner to ensure structural reform in the country’s key institutions. A piecemeal approach will not be compatible with the soon-to-be-launched transitional justice process and could undermine it before it really begins.”

Findings

In his findings he states that “…I am persuaded that torture is a common practice carried out in relation to regular criminal investigations in large majority by the Criminal Investigation Department (CID) of the police…., he goes on to state that “…Fewer cases are reported today than during the conflict period and perhaps the methods used by the police forces are at times less severe. But sadly the practice of interrogation under physical and mental coercion still exists and severe forms of torture, albeit probably in less frequent instances, continues to be used…,” and that “… Both old and new cases continue to be surrounded by total impunity.”

Then he makes the following observations based on testimonies from victims and detainees whom he and his team of forensic experts have met.

“…I received many testimonies from victims and detainees who took the risk to speak out, despite concerns either for their own safety or their families. I was able to conduct thorough interviews and forensic examinations in a few cases, with the assistance of a forensic expert that accompanied me during my mission. I found the testimonies truthful and many were substantiated with physical evidence that is conclusive of torture. The forensic expert conducted a number of medical examinations that confirmed physical injuries consistent with the testimonies received. The forensic expert also analysed photographs taken shortly after the alleged torture and ill-treatment, and concluded they are diagnostic of severe physical torture.

The nature of the acts of torture consists mainly of transitory physical injuries caused by blunt instruments (essentially punches, slapping and, occasionally, blows with objects such as batons or cricket bats) which heal by themselves without medical treatment and leave no physical scars. There were also several accounts of brutal methods of torture, including beatings with sticks or wires on the soles of the feet (falanga); suspension for hours while being handcuffed, asphyxiation using plastic bags drenched in kerosene and hanging of the person upside down; application of chili powder to face and eyes; and sexual violations including mutilation of the genital area and rubbing of chili paste or onions on the genital area. While these methods of torture were in some cases of short duration, in other cases torture occurred over a period of days or even weeks during interrogation.”

PTA and the failures of the Magistrates

The UN Special Rapporteur observes that under Section 15(a) of the Prevention of Terrorism Act, some detainees continues to be detained in TID facilities, as they are considered by the Secretary of the Defence as a threat to national security. He observes the following regarding the hearings before the Magistrates. “…The hearings held before a magistrate, for the purpose of judicial control of the detention, do not amount to meaningful safeguards against either arbitrariness or ill treatment. The magistrates essentially rubber-stamp detention orders made by the Executive Branch and do not inquire into either conditions of detention or potential ill-treatment in interrogation. ”

The Rapporteur has conducted random interviews of defendants held under the PTA, or under charges of ordinary offences for over ten years in remand detention and others sent to ‘rehabilitation’ in lieu of prosecution which is supposedly voluntary on their part. He goes on to state, that “…Obviously, if after many years of detention the State does not have sufficient evidence to charge a detainee, the latter should be released unconditionally.”

The Rapporteur recommends that, “…The Government should repeal the current PTA. In the context of any replacing legislation, if at all necessary, a robust and transparent national debate should take place that provides for full participation of civil society. We understand that the Government is contemplating statutes on National Security, surveillance and intelligence services. Under any circumstance, those pieces of legislation should include protections against arbitrary arrest, absolute prohibitions on torture or cruel, inhuman or degrading treatment, provisions for access to legal counsel from the moment of deprivation of liberty, strong judicial controls over law enforcement or security agencies, and protections for the privacy rights of citizens. The Special Rapporteur on Human Rights while Countering Terrorism has produced very useful guidelines to incorporate in legislation of this sort. …”

The Rapporteur also expresses concerns about the allegations he has received recently of the so called ‘white van abductions”, and about the absence of clear rules in the law that says arrests have to be authorised by a judge. He further, observes, “…In practice the decision to arrest a person is made by a police officer. For that reason, it is important that detentions are made transparent, with proper identification of the arresting officer, and offering reasons based on objective evidence. Otherwise, distrust of the authorities will persist. ”

The Rapporteur then goes on to make his observations on the reasons that may lead to the practice of torture and observes that, the Sri Lankan criminal justice system and investigation practices that somehow may indirectly incentivise the use of torture. He observes “…The first is the role of confessions of suspects in criminal investigations, which currently seems to be the primary tool of investigation for the police. The need to extract a confession in order to build a case is in itself a powerful incentive to use torture. A second aspect is the practice of conducting the investigation while the suspect is in custody, rather than determining the detention based on preliminary investigations. Authorities have on a regular basis justified prolonged detention on the ground that the investigation was complex, or evidence hard to find, ignoring the fact that, outside of detentions in flagrante delicto, the evidence should be procured before the arrest. This access to the detainee for continuous questioning can also be an incentive for torture, aside from other considerations regarding conditions and legality of detention…”

The Rapporteur states that the Attorney General told the UN delegation that the statements made to the police do not form part of the criminal record in ordinary crime cases, though he acknowledged that under the PTA, statements made to a Senior Police Officer, are fully admissible in Court. He states further that in both cases, police routinely extracts self-incriminatory statements so the admissibility or not of the statements does not protect the detainee from possible coercion. In any case, the PTA provision is in direct contradiction with the obligation under the Conventions against torture to exclude all declarations made under torture.

Rapporteur then directs his observations regarding faultiness of the rules relating to the access to lawyers. The accused provides a statement to the police as routine practice and is never informed about the right to a lawyer. This according to the Rapporteur, amounts to an inadequate and meaningless legal protection, which fuels the widespread fear and mistrust of the police system among the population. He recommends “ …It would be important to establish a clear rule that persons must have access to a lawyer from the moment of deprivation of liberty. A current proposal to amend the Criminal Procedure Code that includes access to counsel only after a statement is taken by the police in the initial 24 hours of detention is not appropriate to effective assistance of counsel and would, therefore, violate due process.”

Judicial oversight of police action is superficial

The Rapporteur in examining the role of the judiciary and the prosecutors finds fault with the prevalent practices in Sri Lanka regarding their dual obligations of prevention and accountability. He states “… A modern accusatory system begins with affording more guarantees for the defendant. In it the public prosecutor is first and foremost the guardian of legality. Prosecutors must enforce the law against criminals but should also actively prevent miscarriages of justice by way of torture and manipulation of evidence, and intervene early on in the process. The accusatory system is more conducive than the inquisitorial system for the respect for human rights; but in its modern form it gives a lot of power but also heightened responsibility to prosecutors. ..”

He points out that judges and prosecutors should take it upon themselves as a matter of legal obligation to consider bail for lesser and non-violent offences and that they should ensure medical examination of the suspects so as to exclude any suspicion of mistreatment while in custody. They should initiate prosecutions to whosoever might be responsible for torture and mistreatment including superiors who may have tolerated and condoned such acts, ensuring that investigations, detentions interrogations arrests and conditions of incarceration takes place within the framework of rule of law.

Deficient and pronounced overcrowding in places of detention

The Rapporteur goes on to observe that there are serious defects relating to detention which results in acute lack of adequate sleeping accommodation, extreme heat, and insufficient ventilation, limited access to medical treatment, recreational activities and educational opportunities. He states that “…These combined conditions constitute in themselves a form of cruel, inhuman and degrading treatment…”

Regarding over-crowding he refers to his visits to prisons where he observed level of population exceeding capacity by well over 200 – 300 percent. “…Vavuniya Remand Prison offered a striking example of such overcrowding. One of its halls hosted 170 prisoners in what my team and I estimated to measure less than 100 square meters, providing less than 0.6 metres per person. In the same building, other prisoners were forced to sleep on the staircase for lack of space in the detention areas. In addition, we saw cells designed for one person occupied by four or five inmates. The larger prisons in Colombo were built in the mid-19th century and walls, roofs and staircases are literally crumbling on the prisoners. The Government has indicated that Welikada prison will be closed and a new prison will be built in Tangalle, but we understand the latter is not even in the planning stages yet. While replacement of old prisons is a good idea, in the meantime it is urgent to conduct maintenance and repair the unsafe conditions that amount to cruel, inhuman and degrading treatment or punishment. …”

Defects in torture prosecution and provisions for fundamental rights

Talking about the Torture Act that came into effect in 1994, he observes that there had been only a few prosecutions. In the prison system there is no formal complaint mechanism available to inmates to make complaints about torture and ill treatment, or any other matter. The complaint mechanisms available against the police is also inadequate. He makes the following comments on the fundamental rights provisions. “…Fundamental rights applications involve complex litigation and are thus not accessible to all. They are subject also to a 30-day term to file from the occurrence of the violation. In addition, even if successful, they result in compensation as the only remedy. The application is not available, for example, to vacate a court order that has been based on a forced confession, as it does not lie against judicial decisions. ..”

Impunity and lack of accountability

Like the previous Rapporteurs, who have observed the prevailing practice of impunity in Sri Lanka, the present Rapporteur also finds that “…Acts of torture that occurred in the past have been well documented. The Government has an obligation to investigate, prosecute and punish every incident of torture and ill-treatment, even if it happened in the past, because under international law prosecution of torture should not be time barred. The State also has the obligation to prevent such occurrences in the present, and the most obvious preventive measure is forceful prosecution of cases reliably reported.

Sri Lanka has a Victim and Witness Protection Act but potential beneficiaries complain that protection is ultimately entrusted to the police which, in most cases, is the agency that they distrust. The Government should consider amending the Act in order to make it more effective and trustworthy. ..”

The Rapporteur will make a more detailed report on these matters to the United Nations’ Human Rights Council at its 34th Session to be held in March 2017.

A scathing critique

The findings of the UN Rapporteur on torture and other cruel and inhuman degrading treatment or punishment, is a scathing critique of Sri Lanka’s failure to carry out its obligation to prevent torture and ill treatment. This Rapporteur’s findings demonstrates that the Government of Sri Lanka, fails to honour the basic obligation to prevent torture and ill treatment despite of many promises it has given to various UN bodies, including the Human Rights Council.

Sri Lanka seems to be trapped within extremely defective criminal justice system that cannot do away with torture and ill treatment. The investigators, prosecutors, and also the judiciary have not made an adequate attempt to overcome the defects of the criminal justice system. None of these institutions have shown a demonstrable will to end this universally condemned practice of torture and ill treatment. On the other hand the Government has failed to provide the necessary resources to undo the defects of a backward system. Therefore, Sri Lanka will continue to be condemned in international forums for its lack of will to develop a criminal justice system to be in keeping with its international obligations.

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Latest comments

  • 6
    5

    Old habits die hard, no?

    The UN Special Rapporteur is a sharp observer, and did not miss much. The fact is that it will take a long time for local practitioners to change the way they have done things. A very long time, in fact. Some might say, that our brand of torture has brought results, so why change.

    • 8
      1

      “”Some might say, that our brand of torture has brought results, so why change. “”
      Arecanut!!

      Some would also say we started in 1970 to be like north korea and are learning Korean.
      So why not build the bomb and keep all these high sounding human rights activist away??
      Its such a simple thing for the Chinese to gift.Wonder of Asia.

  • 4
    14

    This UN Special Rapporteur (on torture and other cruel, inhuman and degrading treatment or punishment) Mr Juan E Mendez should do the same investigation of the US. Anybody who doubts that this kind of things does not happen in the US or the so called first world countries should Google and see. Just few days ago this happened in New Hampshire http://www.cbsnews.com/news/massachusetts-new-hampshire-investigation-police-officers-man-arrested-high-speed-chase/
    There are thousands of such situations happening in the US. Where is the UN?
    Why do these UN people only concentrate and investigate poor countries like Sri Lanka? Will the US allow this Mendaze guy to even enter the US?

    • 5
      5

      Euse,

      You are a complete loser! No wonder you make it sound like the minorities are equal in Sri Lanka. No one should trust you or believe in your claim that the Sinhalese are egalitarian!

      • 2
        11

        bi
        If anything I have written is wrong correct me. Don’t just say ” No one should trust you or believe in your claim that the Sinhalese are egalitarian!” Just prove it. Take every sentence I wrote and correct me, if not stop responding to my posts.

        • 6
          3

          Eusense,

          Neither is egalitarian like Iceland a self-healing nation and the first known democracy.
          But are a nation of sloths the key to poverty.

          Unlike Lanka, America created the UN so it does not pay for its upkeep.
          (1 January 1942 The name “United Nations”, coined by United States President Franklin D. Roosevelt the bomb maker) 1919 The League of Nations before WW2.- the Axis powers killed it.

          The only power is making blunders but it will get there. While Lanka are hoodwinking and blindly following American mistakes like the Arab Terror outfits. It surely is the misfit from 1948 of having immigrant Muslims to run the government.

          The elephant in your room at California is the I_slam immigrant and you are the donkey. The same principal applies to appe lankawe.

        • 2
          3

          Nuisance the stupid I

          What is the difference between you and a knife?

          What is the difference between sach and a knife?

          What is the difference between Sarojini and a knife?

          What is the difference between Jim softy and a knife?

          • 2
            3

            Vedda
            How did you escape the so called Sinhalese “ethnic cleansing”? You apparently escaped “genocide” too!

            • 2
              3

              Nuisance the stupid I

              “How did you escape the so called Sinhalese “ethnic cleansing”? You apparently escaped “genocide” too!”

              We have managed to survive the last 2500 years and will for another 2500 years.

              Are you disappointed with your thoroughness of ethnic cleansing?

              • 1
                3

                vedda
                Stupid answer!
                So, all Tamils escaped ethnic cleansing during the last 2500 years? What missing and genocide Tamils are you talking about?

        • 3
          2

          Euse,

          It is astonishing that you do not see your bankrupt ideas! I am tired of debating with your ilk. Your argument is that America killed so why cannot we kill too. This is your rational!

      • 4
        2

        Burning Issue

        “No one should trust you or believe in your claim that the Sinhalese are egalitarian!”

        As far as my experience with Tamils, Muslims and Sinhalese goes both all are egalitarian in a limited sense.

        However those who strive for power and eventually become powerful don’t seem to care about ordinary people and egalitarianism takes leave.

        The sad part of their drive to power is that they plant hatred and rage among the ordinary people, keep them ignorant. This is a continuous process and the Sinhala/Buddhist are the masters of it because they hold power. The losers are the ordinary people.

        You would have noticed that those fought and died on the Sinhalese side are the poor lads from villages.

        You would have also seen similar pastern among the Tamils.

        The Sinhala/Buddhist noisy minority thrive on destruction. Nuisance, sach, somass, Lal loo, CountryFarce, Wimal, … Rear Admiral Sarath Weerasekara, Dayan, …… are part of the proactive noisy minority.

        You should be able to see the dividing line between Sinhala/Buddhists and Sinhalese or Buddhists.

        • 0
          3

          NV,

          “You would have also seen similar pastern among the Tamils.”

          Totally! All communities have their fair share of bigots and chauvinists. The Tamils are a minority community and they need to be accommodated with equality and dignity. However, in order for this to happen, the majority community needs to be secure and strong; only on this solid platform the Sinhala community can espouse a balanced egalitarianism. Do you see such a situation at present or expect to see it in the near future? I think not. People like Euse is a tip of the iceberg among the Sinhala community! They have been programmed to think and feel that Sri Lanka is theirs and theirs alone. For such people, the democracy is there to be flexed anyway they want to perpetuate their hegemony. Even educated Sinhala have succumbed to such a condition because of their perceived innate feeling of threat coming from India. Someone like soma is a good example. Another one called New Vanguard is another example. They use different rational for exercising hegemony over the Tamils but at the end of the day, they are petrified that the Small Sinhala community like Sinhala will be no more if the Tamils were to gain any semblance autonomy within the boundaries of Sri Lanka.

          I feel that, the Tamils must stand for their right to govern N&E within a united Sri Lanka. They should be prepared to compromise. The Tamils must show willingness to learn Sinhala and English, and endeavour to work towards united prosperity of the nation. Sri Lankan government on the other hand should promote a Sri Lankan identity with trilingualism and allow the Tamil autonomy to function without hinderance. Over a passage of time, the commerce will dictate and maintain the unity of the nation.

    • 5
      2

      No wonder torture is practised as a norm by all Police and army interrogators as ignorant losers like Eusense encourage it by by diverting the prejudices to another country. Why cannot these losers sympathise at least for the innocent victims who are arrested because of circumstances. Ragging of freshers in the universities is another menace the narcissists still practise as a barbaric rituals.

      All the suspects in the rape and murder case of school girl Vidya were tortured using chilli powder in their eyes, hanging them upside down and beating and hitting their genitals within drawers. We must stop all forms of torture by law enforcement officers. What happened was a horrific crime but we should not forget many innocents are punished before proven guilty. Isolated incidents in another country cannot justify official and nationwide barbaric practise in any country.

      • 2
        4

        soro
        From where did you get the idea that I encourage torture? My question is why the UN is not going after the US and UK who are keeping hundreds of Muslims with torture and without charges for over 5 years in Guantanamo Bay. Close to 200,000 innocent Iraqis were killed by American and UK troupes while going to Iraq. Where is Mr. Mendez?? These happened even before the SL terror war was over. Why do you think Mr. Mendez is not going to the US like visiting SL and issue a report? Can you answer that question? That is all what I want from people in this forum! Do you think there is bias here or not. Why do you think any country should take these UN report seriously?

    • 5
      2

      I refer to Eusense’s non-sensical comments about Professor of Human Rights Law, Juan E. Méndez. If he did a bit of research, he could have easily found that he is writing utter non-sense.

      Prof Mendez is in residence at the American University, Washington College of Law. He is a native of Argentina, and has a distinguished record of advocacy throughout the Americas. As a result of his involvement in representing political prisoners, the Argentinean military dictatorship arrested him and subjected him to torture and administrative detention for more than a year. During this time, Amnesty International adopted him as a “Prisoner of Conscience.” After his expulsion from his country in 1977, Mr. Méndez moved to the United States. Until May 2009, he was President of the International Center for Transnational Justice (ICTJ) and in the summer of 2009 he was a Scholar-in-Residence at the Ford Foundation in New York. As of 1 November 2010, he was appointed the UN Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. He was Special Advisor to the Prosecutor of the International Criminal Court. He was also Co-Chair of the International Bar Association Human Rights Institute from 2010-2011.

      Also I refer to an article published by International Justice Resource Center on extraterritorialty of torture referring to the the CIA rendition program of the United States, allowing the torture of prisoners in Macedonia and Poland. The following is a quote:
      “The Special Rapporteur specifically referred to the United States’ practice of abduction, transfer, and extraterritorial detention to evade torture regulations post-9/11; he stated that the countries in which such torture occurred have an obligation to cooperate with criminal and civil proceedings. He further cited the ECtHR’s decision in El-Masri as embodying the principal of complicity by finding Macedonia responsible for torture committed by foreign officials on their soil with State acquiescence and holding found that Poland had an obligation to do more than refrain from collaborating with and facilitating the CIA rendition program when it knew or ought to have known that detainees would be subject to extraordinary rendition and risk of torture upon transfer in Abu Zubaydah v. Poland.See id. at paras. 21-25.
      “States’ extraterritorial duties to prevent torture apply where the State has effective control over the individuals, including indirect or direct and de jure or de facto control. Accordingly, a State cannot avoid investigation of interrogation tactics used abroad by virtue of jurisdictional arguments. See id. at paras. 36-37”

      Hope the above is sufficient to clarify the situation!

      • 2
        8

        Bopage,
        Did you read and comprehend what I wrote? Did I condemn Mendez? I condemn the UN. I don’t need to know and I don’t care what Mendez’s achievements are. You wasted my time and yours writing his CV! Read what I wrote again. I am in fact complaining about the UN. This guy Mendez is a puppet of the UN and the West. It is good to hear he did some investigation on the US. None of the US media even reported anything of what he did or conclude. Do you know the out come after publishing his report? I well tell you, nothing! The US just ignored. Has the US stopped doing anything or changed what they were doing? never! What is the UN going to do about it? Nothing! If Mendez tried anything further he is going to lose what ever position he has in the UN.
        You need to come back to real world Bopage!

        • 8
          2

          Eusense,

          [Edited out]
          So why is Rajapakse your God and his cohorts complaining to the UN about the removal of his security?

          Why does Lanka pay an annual subscription of $770k.

          Exit from the UN then it may do you good!!

          You are a stupid coward.

          • 2
            5

            Alfred
            Are you a moron or what? Who said MR is my god?? I am dealing with a group of idiots here!
            Ask Lanka why it pays money. If i had power I would have exited long time ago. Can you explain how Israel and orher human right violater oil rich countries continue to be in the UN without any action against them?
            Don’t post irrelevant stupid counter replies before you understand my posts.

            • 3
              2

              Nuisance the stupid I

              “I am dealing with a group of idiots here!”

              You chose to deal with them, the group includes you, sarojini, sach the stupid II, Jimmy, Country Farce, …..

              “Don’t post irrelevant stupid counter replies before you understand my posts.”

              I am not sure whether a stupid knows the difference. Never mind keep typing, one day you might get bored and even stop typing. If that happens we would not miss you.

              • 1
                1

                vedda,
                Shock me. say something intelligent!

            • 6
              1

              eusense,

              “”Can you explain how Israel and orher human right violater oil rich countries continue to be in the UN without any action against them?””

              Because they are Stupid. Aren’t you Stupid too??

              “”Are you a moron or what? Who said MR is my god?? I am dealing with a group of idiots here! “”

              Stupid men gossip aren’t You Stupid.

              Relevant that Torture is a crime against Human dignity.

              Aren’t Lankans cannibals??

    • 3
      1

      One has to be pure Sinhalese to write rubbish of this magnitude.

      • 1
        4

        Mr. spark
        Can you show me the rubbish part of my post? If not you are a moron Mr. spark!

        • 6
          1

          there never has been part and parcel in your posts but gooey goo in full.
          From an outlaw war criminal hiding from future shock.

  • 4
    1

    Very poor progress, Yahapalanaya? When will you improve?
    Sengodan. M

  • 3
    2

    Basil, the UN is run by Saudi Arabia. You know full well from your own experience with Rizana Nafeek that this country executes more people per annum than any other country in the world.

    Please, get off your high horse and face reality!

  • 2
    0

    Investigative Police work needs brains.

  • 2
    1

    Here is one example of an achievement using torture. In September 2015 the body of five year old Seya Sadewmini was recovered with signs of rape. The Lankan police arrested a 17 year old student who “confessed”. They then arrested a second person who also “confessed”. The police then arrested “Kondaya” who confessed with graphic description of rape. The police probably drew lots and let the first two suspects go.
    Torture has become part of Lankan life. The Lankan armed services use this extensively along with Prevention of Terrorism Act. This has seeped down to the Lankan Police.

  • 0
    1

    [Edited out]

  • 3
    1

    Essence,
    If US is so bad, why the following migrated to US from Sri Lanka ? Some of them returned to SL to hold prestigious positions in the government and some are doing lucrative businesses :

    1. Gotha Rajapakse and his family & relatives.
    2. Milinda Morogoda & his family & relatives
    3. Palitha Kohanna & relatives
    4. Vasudeva’s daughter & relatives ?

    There are many in the list but can not recollect off hand.
    I’m sure DJ & Vimal Wansa will have pro MR diaspora group names and list of names in the respective groups..

    • 1
      5

      non PhD
      From what you wrote I can sense you don’t have a PhD! Do you have a BSc or MA?

      First, I did not say the US is bad. What I want is every country in the world to be treated equally. When you get your Elam, will you tolerate the UN investigating the Elam and accusing the Elam gov. of torture etc. while the Western countries doing the same is left alone?
      Many migrate to the US for educational or financial purposes. And the US treat you really well as long as you are not a threat to their security. But like the Tamils in SL if you opted terrorism against the US I will guarantee that you will be in deep trouble. Torture may be a very possible scenario to find out more about your activity.
      The people in your list had no illegal or subversive activity against the US. So they are good to stay or go in and out of the US.

      • 2
        1

        Nuisance the stupid I

        “non PhD From what you wrote I can sense you don’t have a PhD!”

        Did you discover it by yourself? Non PhD continues to brand himself as Non Phd. Where has he said he was a PhD and you have sensed he was not?

        What does “Non PhD” mean to your stupid sense?

        • 1
          6

          Vedda
          Another desparate attempt but irrelevant and childish!
          Keep posting stupid replies to get other pro-terrorists happy.

  • 3
    1

    Eusense, I appreciate you pointing out the hypocrisy of the UN. But are you going to wait until all the powerful and wealthy countries of the world are free of torture before attending to Sri Lanka?

    • 1
      6

      paul
      No, I am not waiting for that. Powerful and wealthy countries of the world will be never free of torture. That is how they protect and expand their countries interests. I hope this is not news for you.
      Only thing I am waiting for is for the day every country in the world is treated equally and with dignity irrespective of their wealth and power.

      • 2
        1

        Nuisance the stupid I

        “Only thing I am waiting for is for the day every country in the world is treated equally and with dignity irrespective of their wealth and power”

        Before all that nonsense the state and its rulers must learn to treat their people well.

        You may enjoy strangers and neighbors groping you however generally people don’t. Don’t push people to find solace from others.

  • 1
    1

    In Sri Lanka, there is no obligation on the police or army (which has ‘police powers’ ) to inform the person arrested about his rights as a citizen – that he need not say anything with regard to allegations against him, and, “remain silent”, except in a court of law, and that he has the right to a lawyer when being interrogated in custody.

    Torture is resorted to, to extract “confessions” which those arrested are compelled to sign, though it may be in a language they do not understand, or even be allowed to read, if they could understand.

    There appears to be no evidence admissible in a Court of Law against most of those in detention under the PTA – hence they are in prolonged unjustified detention.

    The justice system – political & judicial – appear unable to decide what to with them.

    • 1
      5

      justice
      Sadly, the only advice I would give to our citizens is do not engage in anti government activities or get into the wrong side of the law.

      • 2
        1

        Nuisance the stupid I

        “Sadly, the only advice I would give to our citizens is do not engage in anti government activities or get into the wrong side of the law.”

        A stupid advises the people.

        When did Sri Lanka become a dictatorship like your favourite nation North Korea?

        This is supposed to be a democracy you stupid I where the right to dissension, protest, freedom of speech, … are part of the constitution.

        If you want to change it plead with Gota/Basil/MR and retired and serving generals/admirals to reorganise a “Putsch” which failed on the wee hours of 9 January 2015.

        • 1
          8

          Stupid vedda
          Democracy does not mean people can engage in anti-gov activities. Anybody geting involved in such activities should be dealt with. What an idiot to think that should happen only under dictatorship!!
          Stop posting stupid responses to my posts! If you have nothing to do go scrape some coconuts for your wife, that is if any woman got married you!

          • 8
            1

            eusense ,

            “”Democracy does not mean people can engage in anti-gov activities.””
            Does not mean Kim Jong-un’s democracy.

            Democracy means individual liberty, self respect and freedom to protest

            aren’t you,
            As deaf as a gate post.
            As dead as a doornail.

            There is only one game in towns of Moscow Beijing, Pyongyang,Baghdad Tripoli, . — “Capitalism.”

            • 1
              7

              Alfred the mouth piece for others
              Please stop posting irrelevent nonsensical posts. Dont try to be a stupid hero for pro-terrorist like vadda. If you have relevent sensical counter arguments I Am ready. Otherwise, goodbye.

              • 5
                1

                Oh Ho! Stupid One ….what do they call you eusense??
                So why not change it to something like `have cents`
                As the dollar is illusive.

                “Don’t try to be a stupid hero for pro-terrorist like vadda.”

                He is unlikely to be a terrorist because he enjoys both honey’s and money but he definitely behaves like a school teacher on demand- nothing lost in these boring post and articles.

                Trump my man Trump is the winner.
                (better you pack and leave for a uncivilized friendly park)

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                eusense ,

                Why don’t you get your lokka to buy him over.
                All you need is a headhunter to connect with him.
                (his dashboard is full of historical jargon too.)

                He would write for your lokkas pleasure.
                Presently, he has no solution up his sleeve and would never get one.
                He knows it only too well. Buy man buy the same way Gota did purchase KP Douglas Karuna etc.

                That would make you happy on CT wouldn’t it??

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    Sri Lanka is a lawless society camouflaged as a true democracy. The political leaders are hypocritical and most actions of the yahapalanaya is cosmetic. For instance the Police commission does not have a legal adviser. Hoe can the police commission moniter whether the police acts legaly or not. These are institutions created to safe guard the rights of the citizens. Bull shit.
    Its a sad state of affairs unfortunately the abuse of rights go beyond communities and religious majorities. Ordinary citizens suffer daily torture. It is not physical it is mental by the injustices perpetrated by the Police who work hand in glove with corrupt Lawyers and politicians. It is time the yahapalanaya got its act together

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