News
|
||||
Protecting
victims and witnesses from needless victimisation
According to the National Centre for Victims of Crime (NCVC) convener S.S. Wijeratne only about four per cent of criminals are actually convicted and punished for their crimes and in the process allowing a large number of criminals to get off scot-free. The statistics are shocking, nevertheless this poses the question of what the state has been able to do to protect the victims and the witnesses who appear in courts. Draft Legislation compiled by the NCVC in January/February last year and approved by the National Law Commission, is currently gathering dust in the Ministry of Justice, pending approval by the Legal Draftsman's Department. The legislation includes amongst other things, a provision to secure the victim and his or her family's right to be reasonably protected from intimidation and retaliation. This draft legislation is in accordance with the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. A member of the NCVC, Hemamali Amarasinghe a lawyer said that even though our country was a signatory to this declaration, there was no obligation as such to ratify or put it into action. That decision was left to the discretion of the Government, she said adding that there were at present about 50 countries who are signatories to the declaration. Human Rights Commission Secretary Hema Siriwardena said a witness protection programme was essential in keeping with Article 12 of the Constitution. "Everyone deserves equal protection before the law", he said. Mr. Siriwardena said there was also a need for the HRC to be further strengthened, as at present it could only recommend but could not implement any follow up action. He said a neutral mechanism to protect victims, witnesses, HR officers and activists was vital as there was no reason why the victims and witnesses in particular should be further subjected to needless victimisation. Not only torture victims or witnesses but even human rights officers and activists have also come under threat and have been subjected to assault and abuse from the police when making random inspections of stations, Mr. Siriwardena said when speaking of another concern of the HRC. He said that two months ago the former Inspector General of Police had sent out a circular further restricting the activities of human rights organisations. The directive says that the HR organisations must inform the ASP prior to entering any particular station for inspection. Mr. Siriwardena said that initially there had been some confusion as to the interpretation of the IGP's circular. He explained that the circular was later amended to read that no HR officers could enter any unauthorised area, namely, police living quarters or barracks without obtaining prior permission from the ASP or SSP in charge of the relevant station. However, in the case of HR officers suspecting that a victim was being interrogated within what could be termed an unauthorised place, then giving prior notice to the ASP or SSP in charge would only defeat their purpose, he said. Mr. Siriwardena further stated that in accordance with the HRC Act 29 of 1999 jurisdiction should override everything else and that shouldn't overlap or clash with the inside workings of any other establishments. He also reiterated that ideally, HR officers should have free access to any place. Defending the move to request human rights activist to seek the ASP's permission before entering police premises, IGP Chandra Fernando said the former IGP may have been prompted to issue the circular because there had been a few instances where suspects in police custody after speaking to HR officers in private have manage to escape from the station. The IGP said that as far as he was aware nobody from the HRC had brought their concerns regarding this circular to his notice. He said if the HRC had done so he would have addressed the issue accordingly. "We respect human rights and it's our job to protect the rights of everybody, including complainants, victims, suspects and others", the IGP emphasised. Though police investigations are usually carried out solely by the Police, we do allow HR officers to visit the victims at any time they so desire as we respect the victim's rights and the duties of the HR officers as well, he said. The IGP said that with regard to the numerous allegations of police torture, the IGP said that most often it's society that incriminates itself, as it's mostly based on their evidence that the police take suspects into custody. Thereafter, even when it comes to the interrogation process it is those who are affected by crime, within society, who insist on the Police being tough with the suspects as a means of extracting information from the suspects, he said. Needless to say that in such a situation the police have to strike a balance between what society demands of them and the means by which they fulfil these demands, IGP Chandra Fernando said. Gerald's
killing, wake up call for human rights With the death of the main witness the case pending before courts has now been postponed to March 23. Assistant Superintendent Clement de Silva, Head of the CID Torture Unit, said the probe into Gerald's killing was being carefully conducted and the CID were looking at it from all possible angles including the possibility that some police officers themselves might be involved. He said, the CID were carefully sifting all the evidence they have been able to unearth so far and are even taking into consideration even the media reports on the case. Police Legal Branch DIG J. Thangavelu said that of the seven police officers who served at the Wattala station at the time of the incident in June 2002 and against whom Gerald filed a Fundamental Rights and criminal case one of whom was the station OIC Inspector Sena Suraweera, was fined Rs. 70,000 (in the FR case in April 2003) and discharged from interdiction by the Supreme Court due to a lack of evidence against him. He was later transferred to Field Force Head Quarters as a Super Numerary CI. Six other officers were interdicted as of November 29 this year, pending the outcome of Gerald's criminal case scheduled to be held early next year. Sub Inspectors M. Suresh Gunasena and Asela K. Herath. constables Nalin C. Jayasingha, Prasad D. Perera, A. Amila Thushantha and police assistant Vineetha Bandara were those interdicted. As to why these officers weren't interdicted earlier and how they continued at their posts as usual still remains a mystery. Many
torture cases but few convictions The maximum sentence under this Act is 10 years Rigorous Imprisonment and a Rs. 50,000 fine, whilst the minimum sentence is seven years RI and a Rs. 10,000 fine. Both convictions thus far were given the minimum sentence and in default of payment an additional year of RI. One of the torture incidents occurred in 1996 whereas the other took place in 2001. However, the convictions were in January and August this year. Reports of torture can also be filed under Section 311, Grievous Hurt, of the Penal Code (1995 Amendment) or a Fundamental Rights Application (only against state officials), in accordance with Article 11 of the Constitution. However, the latter option has to be filed within 30 days of the incident taking place, Deputy Solicitor General Palitha Fernando said. CASE
STUDIES * Lalith Rajapakse, who is the key witness and the petitioner of two cases filed against police officers responsible for his torture (Case No. 259/2003 at Negombo High Court and Case No SCFR 267/2002 in the Supreme Court), has received threats to his life very recently. In fact, this is not the first incidence of such threats. *The Officer-in-Charge of the Jaffna office of the HRC and a UN volunteer were assaulted on September 27, 2004, as they were engaged in inquiring about a complaint of torture at the Jaffna Police Station. * Hikkaduwa Liyanage Sandun Kumara (17) and his family have been receiving continuous threats from the police officers who were involved in the brutal torture of the victim. H.L. Sandun Kumara had been illegally detained, brutally tortured and sexually abused for nearly one week after he was arrested by the Rathgama police on September 12, 2003. * L.J. Kumara died on June 20, 2000 after being subjected to severe torture committed by eight officers then serving at the Payagala Police * S. Channa Prasanka Fernando (27) was kidnapped and tortured for three days by a Sergeant of the Negombo Police who forced the victim to write letters withdrawing complaints against him. Previously, the victim had been tortured by the same sergeant on June 13, 2004. |
||||
Copyright © 2001 Wijeya Newspapers
Ltd. All rights reserved. |
