A national authority for the prevention of abductions, and
a national institute for studies on the prevention of
extrajudicial killings are urgently needed
The abduction of six-year-old Varsha Jude Regi has highlighted a phenomenon for which Sri Lanka has been notorious for many decades. Sri Lanka has one of the worlds worst records of abductions which have often been known under the name of forced disappearances in the south, north and the east.
Abductions are not a passing phenomenon merely associated with a military conflict. In fact, at present, abductions are only a symptom of the crisis of the rule of law faced throughout the country.
Those threatened by abductions are persons from every strata of society. Particularly vulnerable are those who have some means such as the children of those employed abroad, those related to traders or businessmen, and for that matter anyone who could be kidnapped for either ransom or blackmail. Besides this there are the enemies of any of the political groups, particularly those opposed to the government or one or more of the armed groups in the north and the east.
The problem itself does not need any reinstatement but what is completely lacking is a solution to the problem. It is under these circumstances that the need for a national authority to deal with abductions has become a necessity.
Such an authority could do the following things: It could study all the loopholes in the law and its enforcement that makes abductions possible on such a large scale. The very reason for the creation of such an authority is the failure of the police to prevent such abductions. Given the extent of this failure and also given the loss of confidence in the policing institution, there is no reason at all to leave the problem entirely in the hands of the police. If the police, as they are now, cannot be relied upon in this matter there has to be some other authority that could, at least for a period, undertake the responsibility for the elimination of abductions, particularly by examining the failures of the police in this regard and by making recommendations in order to correct the situation. Such an authority can study not only the police failures but also the failures that exist in all other institutions and create the kind of consensus within the state apparatus, as well as within society, to deal with this terrible problem of abductions.
Mere commissions and all sorts of other ad hoc arrangements are unlikely to produce anything better than what has been produced by similar ventures in the past. A national abduction authority must be one that has legal and moral authority and be backed by resources. If this authority is created in an authentic manner it is likely that the public will come forward to provide the necessary material resources. It is also very likely that the international organisations and donors will also support such a venture generously.
A further function of a national authority to deal with abductions is public education. A national authority with a mandate to eliminate abductions could utilise all government media channels in order to educate the masses on various ways by which to deal with the problem of abductions. For example, a daily news item, advertisements and messages on the issue can contribute to a very sharp public awareness to deal with this problem. While the state media can be utilised generously it is very likely that the private media channels will also contribute to all attempts by a genuine national authority to address this problem.
Such a national authority for the prevention of abductions could also help to lay down guidelines for the police, other public services and the judiciary, showing the way to deal with the problem at present and to help in the process of prevention in the future.
How such a national authority with the required independence can be created is itself a problem because of the institutional paralysis that exists in the country. However, to claim the existence of serious institutional problems as an obstacle to the prevention of abductions would be to accept abductions as a permanent part of the daily life of Sri Lankans. The serious shock that has been expressed by the whole population on the abduction and murder of six-year-old Varsha, is itself an indication that the society wants action. The question is how to generate such action. If all concerned persons in the government, the opposition and civil society, including the media begin to demand the creation of a public authority to prevent abductions it is quite possible to find ways to create an such an authority which will have the required independence to deal with this issue.
In the late 80s a task force was formed to deal with abductions which took the form of illegal arrest. That task force went a long way to reduce forced disappearances at the time. It was formed mostly by the pressure of conscientious groups.
Similarly in the present circumstances it is within the realm of possibility to create an authentic and independent national authority for the prevention of abductions.
The need for a national institute for studies on the prevention of extrajudicial killings
The alleged abductors of Varsha Jude Regi were allowed to be killed in police custody within two days of their arrest. Such killings in police custody have become a common phenomenon. Besides this all sorts of extrajudicial killings happen all the time. No inquiries are conducted into these matters and wherever there are inquiries witnesses are either killed or otherwise silenced.
Sri Lanka today is a paradise for those who want to engage in extrajudicial killings. By the very fact that often, alleged perpetrators are the police or the military, or those who have links to the police and military, it is not possible to deal with this issue under the existing machinery of the law. No one really believes that anything positive will be done to deal with this issue in the present context.
As regards extrajudicial killings and forced disappearances in earlier times, there have been some reports like those of the commissions of inquiries into enforced disappearances which published their reports in the mid 90s. However, no serious study has ever been conducted into the issue of extrajudicial killings in the country. No government has taken this initiative, nor have the universities or any other institute undertaken this task.
Thus, while there is an extremely acute problem of extrajudicial killings in the country there has been no attempt to study the problem in depth and to come out with strategies to deal with this problem. Even to make public opinion which would pressure the government in power to end extrajudicial killings proper studies are needed.
A society that takes its problems seriously and which wants to solve these problems must create the necessary studies in order to achieve that end. Therefore, there is an unavoidable need at the moment for a proper institute to study all forms of extrajudicial killings and to make the results of such studies available to the government and public authorities, as well as to civil society.
If there is an initiative in this regard it is likely that the public will come forward to provide material resources and the support that is needed to make the creation of such an institution for the study of extrajudicial killings into a practical reality. There is also no doubt that there will be assistance from international donors and human rights agencies to realise this proposal for the creation of such an institute.
It should be the duty of all concerned persons in the government, the opposition, the religious groups, the media and civil society to intervene effectively in order to bring about such an institution.
For previous statements in this series please see: SRI LANKA: East Has Become Bihar-like, The abduction of Varsha and the Extra-judicial killings of the Alleged Abductors at: http://www.ahrchk.net/statements/mainfile.php/2009statements/1953/ and SRI LANKA: East Has Become Bihar-like (2) A comparison of the abduction of Varsha Jude Regi and the Delgoda family massacre at: http://www.ahrchk.net/statements/mainfile.php/2009statements/1954/
