Please - Odhikar

� Victims and Witnesses have a right to benefit from an effective remedy and protected in the
exercise of the above rights. (Article 9: everyone has right to benefit from an effective remedy
and to be protected in the event of the violation of those rights)
3. The Sri Lankan case:
3.1 Background:
� Due to the ethnic conflict, massive human rights violations have been taking placeparticularly
in the war ravaged North and East of the country. These were perpetrated by state
forces as well as non state armed groups. (Arbitrary arrests, Torture, Extrajudicial killings,
Disappearances, Displacement etc.) The present cessation of hostilities has reduced such
violations-but as the "no war-no peace" situation continues, and peace processes seem stalled,
such violations continue.
� Lesser know, but equally serious are the violations suffered by thousands of people in two
southern insurrections, the last between 1987-1990.
� Since 1977, neo-liberal and capitalist economic policies have also brought about large-scale
violations of economic, social and cultural rights. Many business enterprises, transnational
corporations and law enforcement authorities are behind such violations.
� Since about three years ago, religious tensions have also escalated, resulting in the burning
of places of worship and attempts to restrict freedom of religion through legislature.
� In the past few years, a High Court Judge has been killed; staff from Attorney General's
office and National Human Rights Commission have been harassed and threatened. Lawyers,
media personalities and human rights defenders have also been threatened.
� In this scenario, how can victims and witnesses- often ordinary, poor people be assured that
know they and their loved ones will be safe?
3.2 Case studies:
i. Mr. Gerald Pereira
Police tortured Gerald Pereira in 2002. In 2003, the Sri Lankan Supreme Court awarded him
record damages for this violation of his rights and integrity. On 21st Nov. 2004, Mr. Pereira was
shot on his way to work, and died three days later. He was due to testify in a criminal case
against the afore-mentioned policemen on 2nd Dec. 2004.
ii. Mr. Michael Anthony Fernando
Mr. Fernando has filed several cases of human rights violations by several prison guards who
had tortured him, while he was in custody after being sentenced to a term of one years
imprisonment on the basis of alleged contempt of court in a highly criticized judgment.
After serving his time in prison, he had received several death threats about which he
complained to the local authorities as well as to the UN Human Rights Committee. On 9 January
2004, the UN Human Rights Committee, in pursuant of Rule 86 of the Committee's Rules of
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Report 2005