Human Rights activists call for release of prisoners held under PTA
HUMAN RIGHTS ACTIVISTS CALL FOR RELEASE OF PRISONERS HELD UNDER PTA
In Sri Lanka, the Prevention of Terrorism Act (PTA) and the Emergency Regulations introduced to combat LTTE terrorism and other Tamil militant groups are considered by Human Rights activists to be draconian pieces of legislation. They charge that those detained under the PTA are unjustifiably remanded for decades with no charges against them or charges which are based on confessions made to police officers under duress. Human Rights activists claim that apart from the injustice faced at the hands of the police and the prison officials, they also undergo harassment from fellow prisoners. These prisoners detained under the PTA are constantly referred to by the Tamil politicians and Human Rights activists as “Political Prisoners.”
Sri Lanka has had a history of certain abuses targeting prisoners under PTA. As a result of unrest created between those held under PTA and other non-tamil prisoners in the past, those detained under the PTA and the Emergency Regulations are now exclusively housed at the New Magazine prison. However they are sent to the Welikada Prison Hospital for medical treatment.
Velayutham Varatharajan, remanded at the New Magazine Prison, was implicated in an attempt to assassinate former President Chandrika Kumarathunga. He was convicted by the High Court of Colombo under the PTA for aiding and abetting the attempt. His appeal is currently pending at the Court of Appeal. On April 22, he had fallen sick and was admitted to the Welikada prison hospital. Initially he was admitted to the open ward. Thereafter he had been moved to the cell section in the hospital which is similar to a prison cell. K.S. Ratnavale, human rights activist and senior lawyer who is appearing on behalf of Varatharajan said that most PTA detainees were directed to this cell section. “This is not because of prison overcrowding but simply because they are political detainees and are of a particular ethnicity,” he said.
Varatharajan, who is under medication for hypertension, had refused to go to the cell section. He had been writhing in pain and doctors expressed suspicion that he may have contracted dengue. Despite his condition, the Officer-in-charge had moved him to the cell section and he had to sleep on the floor. “The doctor who checked him the next day recommended that he should be admitted to the National hospital. But he was not taken and the officers assaulted and verbally abused him saying that he was from the Magazine prison and therefore should not be taken. Even the doctor’s recommendation is not taken seriously,” said Ratnavale.
According to Ratnavale, the treatment at the Welikada prison hospital is very basic. “They only have a few painkillers and other basic medicines. Drugs prescribed to patients are not available. Though there is a procedure to bring drugs from outside, it is cumbersome and time-consuming. There are no X ray facilities. They are willfully keeping the standards low. The prison hospital only serves politicians convicted by courts or remanded. People like Duminda Silva who have been sentenced to death are in the Open ward, though they are not sick. But the truly sick are neglected,” added Ratnavale.
Unable to bear the discriminatory attitude of the prison authorities and the horrific conditions under which he was placed, Varatharajan had pleaded with the doctor to be released from the hospital. However, the doctor had refused as his condition was serious. Varatharajan persistently said he would take responsibility. Consequently he was sent back.
Ratnavale said that when doctors recommend prisoners to be taken to the National Hospital for treatment under the PTA, they have to be escorted. However this escort is not available at all times. When there is no escort, despite the patient’s helpless cries and the doctor’s recommendation, the patient is not taken. “They are taken to the hospital only when the Court orders it. It takes a few days to get a Court Order,” said Ratnavale. Velayutham Varatharajan, remanded at the New Magazine Prison, was implicated in an attempt to assassinate former President Chandrika Kumarathunga
CONTD. FROM PAGE A12
“Step-motherly treatment is given to prisoners, so much so that prisoners don’t want to go to the prison hospital. It is ill-equipped and officers are racist. Minor staff members are convicted criminals who are themselves racist. They often assault these prisoners,” said Ratnvale. According to recent reports, at least 15 prisoners work as nurses at the Welikada prison hospital. Though there are six main wards in the Prison with nearly 300 patients, there are only three nursing officers. According to Health Ministry sources, the provision of nursing staff falls under the purview of the Prison Department.
“Another prisoner’s blood sugar level went very high and his left side was almost paralyzed. When he was admitted to the prison hospital, they refused to give him treatment. He was kept there for a long time and wasn’t given any food. Though the doctor had recommended urgent treatment, the Commissioner General said that was not the case,” Ratnavale added, pointing out how the doctors’ recommendation was overridden by top prison officials. As a result of the ‘step motherly’ treatment at the Welikada Prison hospital, ‘political prisoners’ now plead for an established medical centre at the magazine prison. Attorney-at-law Suren D. Perera said that in 2013, when a victim was severely tortured at the Bogambara Remand prison, he had been denied admission to the General Hospital, as the General Hospital doctors inquired about injuries and refered them to the JMO and the police if they suspected there had been a human rights violation.
POLITICAL PRISONERS OR NOT?
The government has repeatedly stated that there were no political prisoners in the country. When asked about this claim, Fr. Sherard Jayawardane said the statement was unacceptable. “In 1971 and 1989, JVP Sinhalese youth fought for a political cause. Similarly, the LTTE also fought for a political cause. They wanted freedom and therefore it was a political cause,” he said, adding that the government’s claim was merely a cover up. Speaking to Daily Mirror at a protest held recently by the National
When he was admitted to the prison hospital, they refused to give him treatment. He was kept there for a long time and wasn’t given any food
Movement for Release of Political Prisoners, he stressed that the government should release all political prisoners. He added that the disadvantaged Tamil minority had not still been offered a political solution for their predicaments which are manifold.
ARE ALL PTA DETAINEES LTTE SYMPATHIZERS?
Not all detainees are hardcore LTTE supporters. Daily Mirror learns reliably that while leaders of the LTTE have escaped imprisonment, a majority detained under the PTA are merely implicated, had no part in the master plans and have been in remand for years. According to Perera, ‘political prisoners’ in the Kandy remand prison are not hardcore LTTE cadres. “They are upcountry Tamils who have lived in estates for a very long time. The LTTE have bribed them with money or beer, to entice them to provide their three-wheelers and other assistance as needed,” he said. “The hardcore LTTE leaders have not been arrested. Through my clients, I have learned that the LTTE leader in Kandy was not arrested. He has gone to Malaysia,” added Perera.
THE PREVENTION OF TERRORISM ACT
The repeal of the Prevention of Terrorism Act No.48 of 1979 (PTA), has been repeatedly demanded by Human Rights activists. The PTA introduced in 1979 was intended to be a temporary measure. However in 1982, the PTA was made a permanent law in the country. Under the Evidence Ordinance, confessions made to police officers are not admissible before courts. This Ordinance was introduced by the British who were well aware of the notoriety of police officers for torturing “In most cases, the main evidence is the confession. In the Voir Dire inquiry, we must prove that the confession was extracted under duress inmates and obtaining confessions. However according to the PTA, confessions made to police officers above the rank of Assistant Superintendent of Police (ASP) are admissible. Yet activists point out that the practice of torture is prevalent even among top officials.
Ratnavale said that nearly 99% of cases filed under the PTA were based solely on the confessions of the accused which were more often than not, extracted by inflicting fear and under duress. Usually the prosecution proves the case against the accused. However, the PTA mandates that the burden of proof lies on the accused. “In most cases, the main evidence is the confession. In the Voir Dire inquiry, we must prove that the confession was extracted under duress. So the burden of proof lies with the accused,” explained Perera. He pointed out that in practice, it was extremely difficult to prove that a confession was extracted under duress as there would be no witnesses to speak on behalf of the accused. “So in most cases the accused pleads guilty,” he pointed out.
Bail cannot be granted under the PTA and therefore many who have been implicated in Ltte-related violence have been in remand for decades. The PTA permits arbitrary arrests without warrants.
“They can be housed in unofficial places such as STF and army camps,” said Perera. Activists point out that the worst forms of human rights abuses take place in these unofficial detention centres. Perera also noted a hesitance on the part of judges and state counsels to initiate trials as they were time-consuming. As a result, trials are postponed. Perera further pointed out that plea bargaining was no longer in use, which has also restricted the options available to political prisoners. In plea bargaining, the defence counsel bargains with the state counsel and the judge on a punishment before the case is called. Then at the trial the accused pleads guilty and the decided punishment is given, which is most often a reduced sentence. “They amend the indictment for lesser charges for which there are no minimum charges. Then the judge can give a lesser sentence. Before February this year, the Attorney Generals Department had a policy to amend the charges under the PTA, where there was no damage to property or life. But they no longer amend charges,” he said. The Counter Terrorism Bill which is to replace the PTA has been approved by the Cabinet. However, activists have pointed
Further, local statutes such as the Constitution and the Torture Act are supposed to protect people from arbitrary arrest and torture. The PTA however, contravenes provisions in them.
out that it is more draconian that the PTA.
OTHER CONCERNS
Cases based solely on a confession rejected by court should be withdrawn. However, this has not been the case with regards to charges against those detained under the PTA. “There is a trial going on in the High Court of Colombo based on the confession rejected in the Vavuniya High Court. Although the lawyers made submissions that the confession has to be rejected, the Attorney General did not consent to it,” said Ratnavale.
He added, “In another trial, the confession made by a former police officer who has been in remand for the past eight years was rejected. But there are four other cases against him based on the same confession.” When cases with confessions rejected by a court are proceeded with by another court, it affects the consistency of judicial decisions.
LEGAL FRAMEWORK
Sri Lanka has ratified the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention on the Elimination of All Forms of Racial Discrimination. Sri Lanka is a signatory to the Geneva Convention. Further, local statutes such as the Constitution and the Torture Act are supposed to protect people from arbitrary arrest and torture. The PTA however, contravenes provisions in them.