State Violence in Sri Lanka - World Organisation Against Torture

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State Violence in SRI LANKA
Commission and Asian Legal Resource Centre have made series of recommendations
in this regard.
The National Human Rights Commission opened many branches in different
parts of the country. This was a welcome move and created lots of expectations.
However, experience with these offices has so far not been encouraging
and in some instances very negative. For example, NGO’s such as People
Against Torture and Janasansaya have complained that regional coordinators
of the Kandy office work too closely with the police. They have also complained
that an officer gave a press interview trying to discourage people from
making complaints to the NGO’s on human rights violations. (A Report on
this appears in the Janasmmathaya newsletter for August and September
2003). Despite these complaints, this officer is still the coordinator of the
Kandy office. Proper reorganization of the regional offices and appointment of
competent persons committed to human rights can help improve the human
rights situations in various parts of the country. Further, complaints against
officers must be properly investigated.
V. Article 14 of the ICCPR - Right to a fair trial
Fair trial guarantees have frequently been severely curtailed since 1971. The
consistent use of emergency regulations and anti-terrorism laws has significantly
limited the importance of the courts and diminished the value of
lawyers as defenders. As a result, the scope of fair trial guarantees has diminished.
Added to this, law enforcement agencies have acquired so much power
that the legal profession has often had to adjust to a situation whereby they are
either afraid to exercise their rights as lawyers or find themselves incapable of
doing so. A resigned mentality has now developed in response to this situation.
Confessions are admissible in the courts regardless of how they were
obtained. Much valued due process rights no longer seem to be important.
The very system of protection underpinning the ICCPR is threatened by such
developments. This threat must be seriously addressed. The proposed
Prevention of Organized Crimes Bill is an example that even the law can be
changed to legitimatize the growing restrictions of basic guarantees of a fair
trial. Some conservatives have even suggested replacing criminal trials with
arbitration. With increasing pressure to prosecute violators of human rights,