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State Violence in Sri Lanka - World Organisation Against Torture

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23<br />

<strong>State</strong> <strong>Violence</strong> <strong>in</strong> SRI LANKA<br />

d Proper function<strong>in</strong>g of a corruption-control agency requires different skills<br />

for different functions such as <strong>in</strong>vestigations, prosecutions, public education,<br />

public relations and management. The limited structure that exists under the<br />

present law does not fulfill these requirements.<br />

e. The general public feels that there is no real political resolve to genu<strong>in</strong>ely<br />

establish a powerful corruption-control agency <strong>in</strong> the country. The people also<br />

feel that the exist<strong>in</strong>g structure is but a symbolic <strong>in</strong>stitution, lack<strong>in</strong>g real capacity<br />

and resources to control corruption to any significant degree.<br />

The implementation of Article 2 of the ICCPR is seriously hampered by the<br />

<strong>in</strong>stitutional defects of the three <strong>in</strong>stitutions mentioned above. One of the<br />

results of these has been the failure to implement many of the recommendations<br />

made by United Nations bodies <strong>in</strong> the past.<br />

II. Article 6: right to life and disappearances<br />

Article 6 of the ICCPR guarantees the <strong>in</strong>herent right to life of every human<br />

be<strong>in</strong>g; law shall protect this right; and no one shall be arbitrarily deprived of<br />

his/her life. In violation of this right, large-scale enforced or <strong>in</strong>voluntary disappearances<br />

have taken place <strong>in</strong> southern, northern and eastern <strong>Sri</strong> <strong>Lanka</strong>.<br />

Accord<strong>in</strong>g to recent NHRC publications, around 20,000 people have fallen<br />

victim to enforced and <strong>in</strong>voluntary disappearances s<strong>in</strong>ce 1995. This <strong>in</strong>cludes<br />

some government soldiers too. However, the most of the disappearances relate<br />

to Tamil youth.<br />

As for the south, the Presidential Commissions revealed that disappearances<br />

often began with arrests by state officers, followed by torture, and eventually<br />

the kill<strong>in</strong>g and dump<strong>in</strong>g of bodies. The sheer number of people killed like this<br />

<strong>in</strong> <strong>Sri</strong> <strong>Lanka</strong> exceeds the number of deaths be<strong>in</strong>g dealt with by some of the<br />

<strong>in</strong>ternational tribunals now <strong>in</strong> operation <strong>in</strong> other parts of the world. It is a<br />

matter of public record that <strong>Sri</strong> <strong>Lanka</strong> today has a stagger<strong>in</strong>g number of<br />

enforced or <strong>in</strong>voluntary disappearances. The report on the visit to <strong>Sri</strong> <strong>Lanka</strong><br />

by a member of the Work<strong>in</strong>g Group on Enforced or Involuntary<br />

Disappearances (E/CN.4/2000/64/Add.1) states:<br />

"Three regional Presidential Commissions of Inquiry <strong>in</strong>to Involuntary<br />

Removal of Persons set up <strong>in</strong> 1994 submitted their reports to the President of

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