Torture and arbitrary detention were still being practised by Sri Lankan law enforcement authorities while unjustified delays in court cases meant delayed justice, a United Nations expert team has said.
“The right to personal liberty has yet to be respected by law enforcement, security forces, judicial and other authorities,” the experts said in a statement, after a three-member delegation carried out an official visit to the country.
They said that current powers to deprive individuals of their liberty extended across a range of facilities, including police stations, prisons, open work camps, centres for juveniles and the elderly, mental health institutions and rehabilitation camps for former combatants, as well as those for drug addicts and people in vulnerable situations.
The experts called for urgent reforms to address problems including the excessive use of remand, a lack of effective alternatives to detention, an outdated legal framework and reliance on confessions, often extracted under torture or duress.
Court proceedings were affected by excessive and unjustified delays, while suspects remained in detention indefinitely, they said, adding that the rights to the presumption of innocence and due process were yet to be fully recognized.
The statement was made by the three-member delegation from the UN Working Group on Arbitrary Detention, José Antonio Guevara Bermúdez, Leigh Toomey and Elina Steinerte, at the conclusion of their official visit to the island.
They said they had identified significant challenges to the enjoyment of the right to personal liberty in Sri Lanka, resulting in arbitrary detention across the country.
“The experts recognize positive initiatives, including engagement with UN human rights mechanisms, as well as the recent accession to the Optional Protocol to the Convention against Torture,” the statement said.
However, they say further urgent action is required to give effect to Sri Lanka’s obligations under international human rights law, as well as the commitments made by the Government in its Human Rights National Action Plan 2017-2021.
The experts called for the abolition of the special laws and powers enacted during the state of emergency.
In particular, the Working Group urged the Government of Sri Lanka to repeal the Prevention of Terrorism Act of 1979, as one of the key enablers of arbitrary detention for over four decades.
Any new legislation must be in accordance with international human rights law and best practices, the UN experts said.
The delegation highlighted that detainees in general did not enjoy some of the most fundamental guarantees of due process, such as immediate access to legal assistance from the moment of the arrest and before their initial statement was recorded.
“The fact that the detainees are interrogated by the authorities without a lawyer, in particular at police stations, is of great concern,” the experts said.
The Working Group also paid particular attention to the deprivation of liberty of those in situations of vulnerability, such as children, women, elderly people, those with psychosocial disabilities, and those living in poverty.
“Despite identifying positive practices in this regard, it is concerning that the legal basis and procedures for depriving people of their liberty are not clearly established,” the experts said.
“There are no effective safeguards against arbitrariness in this context and there is an urgent need to strengthen mechanisms for independent monitoring and oversight.”
During the visit, from 4-15 December 2017, the delegation met Government officials, judges, lawyers, civil society organizations and other relevant groups and officials.
They travelled to Colombo, Negombo, Anuradhapura, Vavuniya, Trincomalee and Polonnaruwa, visiting more than 30 different settings of detention and interviewing more than 100 people deprived of their liberty.
The Working Group will present the final report of its visit to the United Nations Human Rights Council in September 2018.
Courtesy: ECONOMY NEXT
Russia suspends import of all agricultural products from Sri Lanka due to a “Khapra Beetle” insect being found in a Tea Package
Russia has temporarily restricted the import of all Sri Lankan agricultural products, including tea.
This is after an alleged detection of a beetle in the packaging on one consignment of tea from the island. The restriction, announced by Russian agricultural safety watchdog Rosselkhoznadzor, will go into effect on December 18.
Reached for comment, Foreign Ministry Spokesperson Mahishini Colonne said, “This is a matter of serious concern for the authorities in Sri Lanka, and the relevant local stakeholders and Russian authorities are being consulted with a view to address the issue.”
In a press release, the Sri Lanka Tea Board expressed doubt that the beetle, of the Khapra subspecies, assuredly came from Sri Lanka.
“This beetle is a pest of grain crops such as rice, and has never been associated with tea. The Sri Lanka Tea Board is of the view that the specimen discovered in the packaging material may have remained in the shipping container concerned following the use of this container for the transport of grain on a previous occasion, not necessarily of Sri Lankan origin.”
Still, the Tea Board expressed its continued desire to protect the standards and quality for which Ceylon tea is renowned worldwide, adding that they are “working with tea producers and exporters to ensure that phytosanitary and other standards are rigorously followed in all shipments of tea originating in Sri Lanka.” As well, they iterated their belief that the present case, if in fact genuine, is an isolated incident.
The Tea Board’s statement also reiterated the temporary nature of Russia’s restrictions, which will only last until the completion of negotiations and clarification of the situation. Accordingly, Minister of Plantation Ministries Navin Dissanayake will visit Russia as soon as the necessary logistical arrangements are made and work with his Russian counterparts to resolve this problem. The statement emphasized that the Ministry of Plantation Industries and the Sri Lanka Tea Board are working very closely with all the relevant agencies of government, including the Ministry of Foreign Affairs and the Department of Commerce, to restore normal trade between the two countries as soon as possible. Currently, Sri Lankan tea imports make up approximately 23% of Russia’s tea market, according to Russia’s Rusteacoffee association. Speaking to Russia’s RIA news agency, the head of Rusteacoffee said that its members will ask the Rosselkhoznadzor to resume tea imports from Sri Lanka but with tougher controls
Courtesy: Daily News
