LEGAL ASSISTANCE PROGRAMME (LAP)

Since 2000, the Centre for Human Rights and Development (CHRD) under the Legal Assistance Programme (LAP) has provided free legal services to political detainees, legal representation on behalf of aggrieved parties in landmark cases and legal intervention in disappearance’ cases on behalf of the ‘disappeared’ victims’ families.

As mentioned above the Legal Assistance Programme (LAP) has provided free legal services to political detainees, legal representation on behalf of aggrieved parties in landmark cases and legal intervention in ‘disappearance’ cases on behalf of the ‘disappeared’ victims’ families.

CHRD cases are taking place at the Magistrate’s Court, High Court, Court of Appeal and Supreme Court. The LAP has a panel of lawyers including such as K.S.Ratnavale, K. Thayaparan, M. Raja Srimevan, Mr. Premakanth, A. Vinayagamoorthy, B. Thamboo, Sujeewa Dhahanayake, J. Jeyakumar, M. Remedious, Chandrakantha, Puvitharan, Anton Punethnayagam, R. Illangkumaran, Dr. Ranjith Fernando, S. Samudeen, C. Krishnakumar, Suranga Bandara and Wijekoon.

The panels of lawyers meet every three months to discuss progress of the case and filing of new cases. Furthermore this year many other issues such as threats to lawyers by the State used to be discussed at this meeting.

Prison visits to outstation as well as Colombo is carried out by the legal coordinator and another lawyer from the LAP panel. CHRD coordinator met with political detainees in the Welikada Prison, New Magazine Prison, Colombo Remand Prison (CRP), Kalutara Prison, Anuradhapura Prison, Bohambara Prison and Boosa Detention Centre.

  On the findings of the prisons, CHRD initiated the following actions;

           (a) Welfare of the arrest and detained with special attention to their health.

CHRD made representation to the Ministry of Justice & assist prison authorities to improve health, hygienic & other living conditions of the detainees. The requests which were not met by the duty bearers, the matter was taken up with Human Rights Commission of Sri Lanka through the CHRD Coalition.

(b) Representation to Attorney General’s department

The cases that were found detained with no evidence, merely on lack of identity documents as well as disabled detainees were brought notice to the Attorney General and requested immediate release.  

        (c) Legal aid

In regard to the matters that were unable to solve within the departmental level, CHRD initiated legal action in the Court of Appeal on behalf of the detainees concerned.

Legal clinic in Mannar

Centre for Human Rights and Development (CHRD) in collaboration with Mannar Bar Association carried out a two day legal clinic for the first time in the Mannar district on 24^th & 25^th July 2010 at YMCA building from 9.00am to 4.00pm. The purpose of the legal clinic is to provide legal advice and assistance for those who seek legal support throughout the district. Programme Manager, Programme Officer and Legal Aid Officer represented from CHRD. Following lawyers were the resource persons from Mannar Bar Association. Mr. Jebenesan Logu,  Mr. Primus Siraiva, Mr. Sakathathulla, Mr. M.B.Farook and Ms. S. Sivalingam

Three volunteers from Mannar Women Development Federation (MWDF) assisted to complete the application forms and direct each client on the availability of lawyers within the premises. Nearly 30 clients benefited from these legal clinics. Clients were able to discuss their own issues and some represented on behalf of the victims who were unable to access legal support. People in the periphery areas couldn’t presence both days due to lack of transportation. Lawyers attended problems of the client’s one at a time by giving advice and some sensitive cases were forward to CHRD’s concern.  According to the issues, cases were divided into categories like  Arrest and Detention under PTA/ER,  Arrest under ordinary law, Disappearance,  Torture, Land Dispute and Domestic Violation.  

Number of cases recorded under each case category.

Majority of clients were females.

Challenges and Issues

The Attorney General’s Department is transferring the Jaffna High Court cases to Anuradhapura High Court, since there is an increase in the release of detainees under PTA and emergency. This is due the fact that in Jaffna the case is held in their native language and the judges and lawyers speak the same language. As a result, there is no need of translations as well as misinterpretation and difficulties in understanding a different language does not arise. The detainees are refused fair trial.

As for surrendees, although the Court orders rehabilitation, some are still in remand prison for more than a year and they are produced before the magistrate every 14 days since they are in remand. This is against the law.  However, according to the Commissioner of Rehabilitation, their serving period will be taken into account when one enters the rehabilitation centre. This will further increase their rehabilitation period which is not more than two years. No one is clear as to the process and procedure for ordering rehabilitation in the current context, since TID is permitted to carry out inquiry, even during the rehabilitation period. If the surrendee is found guilty again he is transferred to Boosa and once again produced before the Magistrate and then remanded.

In addition when the Court orders rehabilitation for surrendees, some are sent to Pampemadu Camp in Vavuniya, which is a detention centre and not a rehabilitation camp. Again they are transferred to Boosa and once again go through the usual process. 

It is important to note that a surrendee will be asked by the Judge whether he/she willing to go in for rehabilitation. At this juncture if the surrendee refuses then he will be tried under the national security law which will be the usual process of prolonged detention and unfair trial.

The state has amended and relaxed certain clause in the emergency laws. But those are applicable for persons arrested and tried after the amendment. The ones who are languishing in prisons without any legal intervention even for much less charges will be tired under the old ER.

Some of the lawyers appearing on behalf of political detainees are listed as traitors in the Defense Ministry website, putting their lives in further risk.

Under PTA and Emergency the confession is accepted in the Court of Law and it is the victims (detainees) who must prove that the confession was obtained under torture. But they refuse to do so since they would be once again sent to the same location of detention where there is real threat of being tortured once again, if they do so.

In penal court cases when a suspect is produced before the Magistrate will be either indicted or released. But the Magistrate has not power to release the detainee under PTA and emergency since the Terrorist Investigation Department (TID) claims there is confession (which is usually obtained under torture). However, they refuse to indict him/her even after one and half years, stating the interrogation is not completed. This paves way for lengthy detention.

When Attorney General’s Department is approached regarding legal action for detainees in remand prison for more than one and half year period. The Attorney General’s Department responds in favour of TID by stating investigation is continuing. 

When CHRD lawyers visit prisoners in Boosa, a TID officer will be present during the meeting with the detainee, therefore the detainees fear disclosing any information regarding problems they face or how they are being treated by the authorities. The real situation of detainees at present is very unclear.

Since there is no independence of judiciary and attorney general’s department, judges and judicial officers all act in a biased manner, it is becoming even more difficult to release detainees under PTA and emergency. However, CHRD is having regular meetings with Attorney General’s Department on expediting cases of prolonged detention and further action for their release.

LEGAL AID PROGRAMME 2009/2010

CHRD provided free legal services to victims detained under PTA and ER, with special focus on North and East. Although the first quarter of the project reported very few cases it eventually increased. This was due to the fact that CHRD went through some challenging times when the Programme Manager was arrested on February 12, 2009 and later abducted and disappeared soon after his release on May 7, 2009. The entire office was in a state of shock and activities were scaled down. Prison visits and requesting clients to visit the office was suspended for sometime due to threats. It was in late August that CHRD recommenced prison visits. Therefore, cases in the first & second quarter were very few in comparison to the expected number of cases mentioned in the project.

CHRD showed little interest in appearing for most of the Magistrate's Court cases as focus was mainly on Fundamental Rights Applications. It is apt to mention that CHRD for the first time filed the largest number of fundamental rights applications in the legal assistance programme and there has been some success in different ways, where some were released if not, at least indictment was being served and expediting trial in high court, which will prevent detainees from languishing in prisons without trial.

Since January 2010 some of the victims were served indictment, from January 2010. We were asked by the Judges to appear in cases in the Magistrate's Courts on behalf of the detainees and since then there is a sharp rise in CHRD’s court appearances.  

A significant increase has been recorded in cases during the 3^rd quarter (November 2009 / January 2010) as there were many detentions and surrenders. The last quarter will indicate further increase due to requests by detainees to take up cases, during prison visits as well as eased travel conditions.

During the given period, CHRD provided legal representation for 159 persons (140 males and 19 females) comprising 111 arrest and detention 45 habeas corpus and three surrendees. These cases are taken up for arrest and lengthy detention, abduction and disappearances and surrendees under emergency and PTA. The detainees come from the North, East, North Central, Central and Western Provinces of Sri Lanka. Although CHRD recorded very few fundamental rights applications and couple of High court cases in the first quarter

Cases are going on for the 111 persons under arrest and detention (96 males and 18 females), which comprise 23 Fundamental Rights Cases, 48 Magistrate Court cases, 35 High Court cases and three Court of Appeal case.

It is apt to mention that out of the 35 High Court cases (34 males and three females) two cases alone concluded, where one was closed since he was convicted and his case was appealed. In the other, confession was rejected and female detainee was released from the Case No. HC/1146/08. However, another Case No. HC/37/09 is heard at the High Court Hambanthota and therefore she is currently detained at the Tangalle Prison for this purpose.  

In the 51 Magistrate Court cases (43 males and 8 females) comprising cases of the three surendees, a total of seven cases concluded where two female detainees were released and two males were indicted. Out of the two indicted one was released on bail, and the other is moved to the New Magazine prison. Their cases will be taken up in the High Court where CHRD will appear on behalf of them.

The cases of three surrendees have concluded where the Magistrate had ordered rehabilitation in Welikanda. Currently one has completed rehabilitation and is awaiting release from the Centre.  As for the remaining two, one is currently serving his time in the rehabilitation camp and other is yet to be sent to there and thus detained at the Colombo Remand Prison.

As for the Habeas Corpus applications, during the project period Dr. Ranjith Fernando senior counselor was retained to file transfer application in the Court of Appeal to transfer all these cases back to the Jaffna High Court.

In early 2009 all 45 habeas corpus cases were transferred to the Anuradhapura High Court from the Jaffna High Court due to request made by the respondents. Initially first 23 cases were taken up and it is apt to mention, although transferring of cases proved advantageous for the respondents, families of the disappeared showed much interest and traveled to Anuradhapura in the initial stages despite the prevailing security situation. As only one respondent turned up for the hearing, the judge ordered to send notice to the others. Thereafter, remaining (24-45) cases were taken up and notices were sent to all the respondents. The phenomenal factor was that each case was given special attention and taken up individually. Currently notices have been sent to respondents as well as the witnesses.

Filing these Habeas Corpus applications came in to effect when CHRD lawyers and OPFMD members that visited Jaffna on a fact finding mission in 2003. Applications totaling 160, from families of the ‘disappeared’ during 1996/1997 were received. 

Following a comprehensive research and examination of these cases, a year later CHRD filed 45 habeas corpus cases at the Jaffna High Court on behalf of the disappeared in Navatkuli, Kaithady, Ariyalai, Pasaiyoor, Kurunagar of the Jaffna District. All 45 cases were granted leave to proceed at the Jaffna and Chavakachchery High Court.

It is apt to mention in 2007 the Magistrate of the Chavakachcheri Magistrate’s Court stated that there was substantial evidence to prove security forces were behind many enforced disappearances which took place in 1996 in the Jaffna Peninsula.

Court of Appeal cases of three male detainees regarding reducing their sentence period are continuing.

A total of 23 (including four females) Fundamental Rights Application was filed and eight concluded. Out of which, seven were released and one was indicted. It is apt to mention three of the four female detainees were released due to Court action.

 A total of 393 persons (including 112 females) were amongst the referrals and those seeking information and advice under the legal assistance programme during project period, out of which 102 cases (91 males and 11 females) were filed and in the remaining 191 some were rejected, and some were either referred to other organizations or will be taken up in the following months.

Capacity building training programme for lawyers

Centre for Human Rights and Development (CHRD) organized a capacity building training programme for lawyers on 13^th, 14^th & 15^th November 2009 at the Paradise Beach Hotel, Negombo. A total of 53 selected lawyers from different high courts and district courts and those who are practicing in the North and East, Colombo and other important districts attended the three-day residential training. The workshop titled Applicability of International Instruments & covenants in the domestic laws of Sri Lanka  comprised both domestic and international experts who shared their expertise and experience.

The key resource person was Mr. Bijo Francis from Asian Human Right Commission (AHRC) based in Hong Kong. Additional themes were conducted by senior lawyers who are well proficient in the field.

Themes discussed,

·         Enforced Disappearances

·         Judicial Exhumation process

·         Forensic knowledge in relation to Torture and Disappearances

·         Evidence collection and Judicial Procedures on mass graves

·         International standards and laws in relation to the above

Mr. Bijo Francis spoke on topics such as International Standards such as ICCPR & UNCAT; National Security Laws, International Developments and case law in relation to Arrest, Detention and Disappearances; International consensus and jurisdictions on forced Disappearances.

Mr. Kumarage explained topics Law Related to IDPs and National Security Laws like PTA & ER etc and Mr. J. C. Weliamuna spoke on FR and Writ applications for detention & Disappearances. Mr.V. Puvitharan lectured on torture arrest and detention under domestic laws and procedures and Dr. Ananda Samarasekara Forensic Expertise in relations to Arrest, Detention and Disappearances

The Objectives of the training were, 

• To increase the knowledge of the lawyers involved in Human Rights related cases and litigations related to violence and war
• To share international knowledge and expertise among young lawyers in the capitol and periphery
• To improve usage of international standards and case law in local litigations
• To disseminate information on international legal standards on the above subjects and sharing knowledge and information

 Apart from the CHRD panel lawyers other lawyers were selected from Jaffna, Mannar, Vavuniya, Kalmunai, pothuvil, Ampara, Kandy, Galle, Colombo, Negombo, Puttalam, Anuradhapura, Polonnaruwa, Trincomalee,  Badulla, and few other important areas. Lawyers selected based on their involvement in similar cases as well as recommendations from the respective bar associations. As for post evaluation, the lawyers were asked to respond to the questionnaire based skill and knowledge received for the evaluation of the workshop.

 CHRD is in constant touch with the participants and CHRD retains some of the lawyers to take up cases in the north and east.  

LEGAL AID PROGRAMME 2004/2009

During the last four year period, CHRD provided legal representation for 118 cases (99 males and 18 females not including massacre cases) comprising 27 Fundamental Rights Cases, 29 Magistrate Court cases, 58 High Court cases (including 45 habeas corpus cases), three Court of Appeal case and one district court case.  A total of 36 cases concluded (23 males and 11 females) out of which 23 were successful and 13 were dismissed, indicted, laid down or appealed.

However, a total of 60 new cases amongst the 118 (remaining 58 cases are ongoing, continued from the previous years) were filed during 2008/2009, which consists of 27 Fundamental Rights cases, 24 Magistrate’s Court cases, six High Court cases and three Court of Appeal cases. These cases are taken up for illegal arrest and lengthy detention under emergency and PTA. The detainees come from the North, East, North Central, Central and Western Provinces of Sri Lanka.

New cases include 51 male and 10 female detainees. A total of 27 (22 males and six females) new cases have concluded by January 2010 which comprise 16 fundamental rights application, nine magistrate’s court cases and two Court of Appeal cases.  It is apt to mention that out of the 16 fundamental rights applications (13 males and three females) 13 were released, two were indicted and one was dismissed. Likewise in the two Court of Appeal cases sentence of one detainee was reduced and released, however one case received unfavorable judgment. But all nine Magistrate Court cases (seven males and three females) concluded successfully. Currently 33 cases (29 males and 4 females) are continuing. They are 15 Magistrate Court cases and six High Court cases 11 Fundamental Rights applications and one Court of Appeal case.

As for the 58 ongoing cases (48 males 8 females excluding massacre cases), which includes 52 High Court cases (including 45 habeas corpus applications), five Magistrate Court cases and one District Court case, a total of nine cases have concluded.

Preparation work is being carried out for the appeal case in order to recommence all 45 habeas corpus cases in the Jaffna High Court, which was earlier transferred from the Jaffna High Court to the Anuradhapura High Court due to request made by the respondents. Dr. Ranjith Fernando is being retained for this purpose.

Two massacre cases and one rape and torture case in the High Court have been laid down as whereabouts of victims and witnesses are unknown due to displacement.  However, three lengthy detention cases along with the Mirisuvil massacre case is continuing.  But of the five Magistrate Court cases two were appealed and three have been laid down. Therefore all five cases have been closed.

In one district court case Kalutara District Court ordered to grant compensation of Rs. 650,000 to the victims. This was considered a landmark event in the present context. However, the Attorney General’s Department appealed against the judgment of the district court. The case has not yet been taken up.

TOP PAGE

Home| News Updates | About Us | Activities | Contact Us