UPDATE (Sri Lanka): Human Rights Commission of Sri Lnaka decided to transfer the Kandy coordinator

Torture of 17-year-old boy on 11 August 2003; UP-31-2003: Update on torture of 17-year-old boy, Chamila Bandara, by Ankumbura police on 20 August 2003; UP-38-2003: The security of the torture victim and his mother is severely threatened by the perpetrators on 25 September 2003; UP-39-2004: No action by the Attorney General to prosecute the torture perpetrators of Chamila Bandara’s case on 21 July 2004; UP-57-2004: SRI LANKA:  Case of Chamila Bandara; the issue of the Kandy Coordinator and the rights of the people in Kandy for human rights protection on 13 October 2004]
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UP-66-2004: SRI LANKA: Human Rights Commission of Sri Lnaka decided to transfer the Kandy coordinator  

SRI LANKA: Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) refers you to the case of Chamila Bandara. Earlier the AHRC had reported the role of the Kandy coordinator of Human Rights Commission (HRC) of Sri Lanka to subvert the inquiry into this matter. We also reported that the coordinator’s bias towards the perpetrators which endangered the lives of the victim and his family (See further: UP-57-2004). The victim and the family still live away from their home and no action has been taken to guarantee their security. 

AHRC is happy to note that the HRC of Sri Lanka has taken steps to transfer the concerned Kandy officer for a period of six months, for further training beginning from 1 November 2004. 

However, there is disturbing development as the Director of Education and Training-HRC has formed a HRC Employees Union and is trying to subvert the action taken by the HRC. This Union organized a strike yesterday in Kandy, hiring various groups such as three vehicle drivers. 

The said Director has also misdirected the public by making false statements regarding the transfer of the Kandy coordinator. We give you below, a communiqu?from the Chairperson of the HRC about the Union action, an open letter from the Executive Director of the AHRC to the Director Education and Training-HRC and an AHRC statement supporting HRC of Sri Lanka on this issue. 

We call for you to write a letter of support to the HRC and a letter of condemnation of the actions of the Director of Education and Training-HRC.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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1. [Press Release from Chair Person HRC]

The Chairperson and the Commissioners of the Human Rights Commission of Sri Lanka deeply regrets the decision by some members of the HRC Employees Union to go on strike on 1^st November, 2004. 

In 2003 at Geneva, Chamila Bandara, a young boy from Kandy gave testimony before the Human Rights Committee of the ICCPR that he had been tortured by the Ankumbura Police. In response to this allegation it was stated that the Acting Kandy Co-ordinator of the Human Rights Commission, Mr. Viranjan Sumanasekera had found that this was not a case of torture. An investigation carried out by the Police themselves into this affair found that there was clear evidence of torture.  The Chamila Bandara case became an international incident casting aspersions on the impartiality, independence and professionalism of the Human Rights Commission.

The Chairperson and the Commissioners responded to this incident by requesting Dr. Irwin Jayasuriya to conduct a fact finding inquiry into the Chamila Bandara case and the conduct of the Acting Kandy Co-ordinator.   Dr. Jayasuriya found that Chamila Bandara had been tortured and that the Co-ordinator had been biased towards the Ankumbura Police and appeared to lack training. 

The next step in the procedure would have been to hold a disciplinary inquiry.  However due to the long years of service  of the Kandy Co-ordinator,  the Chairperson decided to request  the Kandy Co-ordinator  to come to Colombo for a six month period of  training.  The HRC Employees Union has decided to reject both, the disciplinary inquiry, where the Kandy Co-ordinator would have had a full opportunity to be heard, and the request for a six month period of training. We find the position of the Union to be unreasonable and irresponsible. 

The HRC is an institution dedicated to the upholding of the rule of law and fighting impunity of perpetrators.  On many occasions it had recommended that government institutions, especially the Police, to take disciplinary action against incompetent, unprofessional behavior. The HRC cannot subscribe to double standards.  It must uphold the highest standards and insist on discipline and professionalism among the staff if it is to serve the public faithfully. The least the Commission could do is to offer training to the staff so that they can achieve the highest professional standards.  For this reason, the Chairperson and the Commissioners of the Human Rights Commission deeply regret the decision by some members of the HRC Employees Union to go on strike. 

Dr. Radhika Coomaraswamy
Chairperson,   HRC
Commissioners of the HRC   
1^st November 2004

2. [AHRC Open Letter to the Director of Education and Training – Human Rights Commission of Sri Lanka]

2 November 2004

Dear Mr. Nimal Hapuararchchi, 

A Daily Mirror report under the title, ‘HRC violates human rights, alleges union’, referring to the transfer of ex-Kandy Coordinator Viranjan Dias Sumanasekara, quotes you as saying,  “the human rights of District Coordinating Officer had been violated through this unjust and unreasonable transfer”.  Furthermore, you stated that the ex-Kandy Coordinator “had been transferred out of Kandy because he had taken action through the SLHRC against the activities of certain human rights organizations acting through some deceitful and unlawful non-governmental organizations.” A similar report also appeared in LANKAdeepa on the same day.

Asian Human Rights Commission is hereby requesting you to name the human rights organizations you accuse of “acting through deceitful and unlawful non-governmental organizations”.  AHRC wishes to express its antipathy towards your statement, the contents of which were a blatant lie.  You yourself are well aware that the ex-Kandy Coordinator was transferred due to misconduct relating to an inquiry into torture in which he acted with deliberate bias towards the perpetrators.  We know you are personally aware of this fact, as you were one of the persons initially appointed by SLHRC, to inquire into the allegations against the ex-Kandy Coordinator. You, as the Director of Education and Training, together with Mr Nimal Punchihewa, as the Director of Investigations, were appointed by the chairperson of SLHRC, Radhika Coomaraswamy, to conduct two inquiries; one into the re-opened case of the torture of Chamila Bandara, and another into the conduct of the ex-Kandy Coordinator who had submitted a false report into this case. It was after several protests regarding the manner in which this inquiry was delayed by both yourself and Mr Punchihewa, that the inquiry was transferred from yourself to an Independent inquirer, Dr. Irwin Jayasuriya. Thus, despite knowing the full circumstances of the SLHRC action against the ex-Kandy Coordinator, you deliberately lied to the public through the press on this matter.

How do you justify your position of Director of Human Rights Education of SLHRC, after deliberately lying to the public about the nature of SLHRC action?  Further, how is your position tenable after you have accused unnamed human rights organization of acting through some deceitful and unlawful non-governmental organizations?  Your comments are an attack on human rights defenders and your statement violates the UN Declaration on Human Rights Defenders.  We are compelled to say that by your action you have disqualified yourself from holding the position of Director of Human Rights Education.  Such education on human rights carried out by persons like you will hold no credibility whatsoever.  Furthermore, your open criticism against the decision of SLHRC constitutes a manifest conflict of interest.

We intend to pursue this matter locally and internationally.

Sincerely yours,

(Sighed)

Basil Fernando
Executive Director

CC:
1. Dr. Radhika Coomaraswamy, Chairperson, Human Rights Commission of Sri Lanka

3. [A Statement by the Asian Human Rights Commission]

November 1, 2004
AS-45-2004

Sri Lankan HRC must stand firm on transfer of Kandy area coordinator

A new trade union comprised of staff of the Human Rights Commission (HRC) of Sri Lanka has organised a strike on today, November 1, to oppose the transfer of the Kandy Area Coordinator, Mr Viranjan Sumanasekara. The chairperson of the HRC, Radhika Coomaraswamy, made the decision to transfer the area coordinator after a one-man committee recommended that he lacked the competency needed to make inquiries into human rights violations such as torture. 

The committee had been appointed by the HRC after an earlier inquiry found that the area coordinator had dismissed a complaint of torture against some officers of the Ankumbura police without having conducted an inquiry. A subsequent inquiry found that the allegations were true. The coordinator had also allegedly conspired with the police officers against whom the allegation had been made, thereby putting at risk the security of all the complainants. His report in the case also caused a delegation from the government of Sri Lanka to give misleading information to the UN Human Rights Committee in Geneva, last November. Just last week a former senior HRC investigator in Kandy, Shelton Ranaraja, accused Mr Sumanasekara and the HRC of ignoring his reports on inquiries and not implementing his recommendations, causing him to resign out of frustration. 

It has been widely noted that much had gone wrong with the HRC before the appointment of its new commissioners, who have sought to make reforms and regain public confidence. Some staff persons have resisted these changes. Some of these persons may be those who have enjoyed opportunities for corruption during inquiries into police abuses, which they now fear losing. This may explain the strong resistance to this transfer.  

However, the right of transfer and dismissal lies with the HRC itself. The resistance shown in this instance is not a statement of human rights, but rather a breach of discipline. The Asian Human Rights Commission (AHRC) supports the decision of the HRC to transfer the Mr Sumanasekara. The only concern is that the move does not go far enough: the AHRC has earlier called for his dismissal on the ground of gross abuse of powers and for having become an obstacle to the achievement of human rights for the people of Kandy. 

The strike will test the resolve of the HRC to end some entrenched practices of corruption and inefficiency. The AHRC urges the Human Rights Commission of Sri Lanka to stand firm and remove all bad elements in its staff to ensure that it is capable of carrying out its mandate to protect and promote human rights in accordance with the law. 

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