A Government Ludicrously At Odds With Itself

| By Kishali Pinto-Jayawardena (March 23, 2014, Colom o, !ri "an#a $%ardian& 'his (ee#, (e saw the !tran)e and astonishin) sa)a o* 'wo !ri "an#an +erem+torily ,%man ri)hts acti-ists who were arrested and detained %nder the Pre-ention o* 'errorism .ct (P'., 1/0/& and 'hen (itho%t released char)es with -ario%s ranches o* the $o-ernment di**erin) on almost e-ery circ%mstance relatin) to this incident1 'he se2%ence o* e-ents ill%strates a 3e)ime thereto which a++ears not to #now what 4' is doin)1 .s 4t seems i* there is *%ndamentally contradictory '5$ and +%ll 3%lin) (ithin the hi)hest echelons o* the administration1 6eedless to say, the conse2%ences are immeas%ra ly thereto 7an)ero%s *or the co%ntry1 Contradictions )alore 8ies% nams at 9ne Point, the Basic *act%al incon)r%ities ecame star#, amo%ntin) to sheer a s%rdity1 :ollowin) the arrests, !ri "an#a;s Permanent 3e+resentati-e stated with a++ro+riately dramatic :lair that acti-ist 3%#shan :ernando and a Catholic +riest, :r Pra-een had een ;en)a)in) with +ersons Connected to $o i ;(an e<-"''= Cadre&1 $o i, (e were told, was im+licated in the 3eco-ery o* an arms cache at a shootin) %rnin) incident in 7harma+%ram and 8ishwamad%1 Balendran Jeya#%mari 'he arrest o* a 6orthern (ar widow %nder the P'. was also J%sti*ied 9n this same asis1

'he re-ised resol%tion ta led e*ore the Co%ncil re2%ests the 9**ice o* the ,i)h Commissioner %na le to "=.7 a !erio%s 4n-esti)ation into alle)ed -iolations y oth +arties in !ri "an#a with a -iew to +re-entin) :%t%re .ssistance :rom e<+erts and with im+%nity1 4ts :oc%s 9n 3%le o* "aw instit%tional re*orms is sin)%larly %ncommon1 .s .lice in (onderland wo%ld ha-e had to remar# 9ccasion, therea*ter 'hin)s were to )et ;c%rio%ser and c%rio%ser; a*ter this dire (.3646$ (hen the 'wo ,%man ri)hts de*enders were released with the Police s+o#esman in Colom o 2%ite correctly em+hasi>in) that no char)es had een *iled1 C9MP956746$ this *arce, the Ministry o* =<ternal .**airs, in a most e<traordinary l%nder, then iss%ed a release statin) that they had een released was on ail which stood in immediate contradiction to what the +olice s+o#esman had declared1 .++allin) mis%se o* the P'. .s this )rim comedy went on with o ser-ers watchin) a++alled and trans*i<ed as it were, the 'errorism 4n-esti)ation 7e+artment ('47& o tained a co%rt order im+o%ndin) the +ass+orts o* the two acti-ists (which was later -aried to sec%rin) +rior co%rt +ermission *or tra-el&, sei>in) their la+to+s and 2%ite %n+recedentedly, (.3646$ them not to tal# a o%t the case nationally or internationally1 Meanwhile Jeya#%mari 3emains in 7etention (itho%t char)es ein) *iled a)ainst her and with her da%)hter 8i ooshi#a lan)%ishin) in a Child Care home1 8i ooshi#a;s

.**ida-it handed to her "awyers this (ee# indicates the a %se that the mother was s% ?ected to with the da%)hter as an %nwillin) witness1 4n .ll )en%ineness, i* 9ne searched assid%o%sly *or a etter ill%stration o* the a++allin) mis%se o* the P'., =<am+le 9ne co%ld not *ind a etter than this1 'hese 'hree arrests :inal )i-e lie to the o*t-re+eated claim that the $o-ernment is at the =mer)ency 3e)ime an end1 .-ala le so1 4n *act, (e are in a worse 9** !it%ation .s the =mer)ency 3e)%lations %nder the P% lic !ec%rity 9rdinance (1/40& had at least to e de ated in Parliament re)%larly and allows access to a detainee o* *amily Mem ers and co%nsel1 'he P'. has no s%ch sa*e)%ards1 .ccess o* "awyers to P'. detainees is not .s a Matter o* ri)ht1 Practically, "awyers are im+eded at e-ery Point :rom a**ordin) Basic "e)al co%nsel1 'he P'.;s Post 200/ stren)thenin) has een 5sed y !ri "an#a;s 7e*ence esta lishment to stri#e terror into the hearts o* dissenters and the Critics1 4ts %se a)ainst 'amil Jo%rnalist J! 'issainaya)am and M%slim +olitician .>ath !alley some 'ime a)o was a )ood case in Point1 4n oth instances, the -a)%ely de*ined .-aila le !chn@i and P'. o**ence o* ca%sin) comm%nal disharmony a++ears .s was %tili>ed to e the case this month as well1 9++osin) the $o-ernment 4n addition, !alley was acc%sed o* ;h%miliatin); and ma#in) ;anti+athetic statements; a)ainst the $o-ernment;1 'his is o* co%rse that a slo ery (e are 9n !lo+e1 . re+orter, a col%mnist, an editor or a citi>en %sin) the media to critici>e the 9n this same asis $o-ernment will e lia le to e arrested1 'his *la)rantly contradicts the Basics o* :reedom o* e<+ression1 Bein) o++osed to, anta)oni>in) or -ies% nams, h%miliatin) *or the $o-ernment are citi>ens Per*ectly le)itimate acti-ities1 'his is an acce+ted democratic Part o* "i*e1 -ies% nams , interro)ators o* the (ee# 3e*lected that this same sense o* the ridic%lo%sness 'wo acti-ists acc%sin) them o* ;incon-eniencin) the $o-ernment1; *ran#ly 'ime 4' is hi)h that this $o-ernment reali>es that the +eo+le o* !ri "an#a do not e<ist ;*or 'heir con-enience; and that the co%ntry cannot e held to ransom y +ower h%n)ry +oliticians and their relati-es1 'r%e =no%)h, sense +re-ailed in this (ee#;s arrests d%e to in lar)e Part, to 6ational and 4nternational Concern1 B%t that does not detract :rom the serio%sness o* what too# Place and the *%rther Chillin) e**ect that this wo%ld ha-e 9n already cowed and *ri)htened +eo+le1 .-ala le only in the 6orth %t in the !o%th, in ,anwella -illa)ers were demandin) Clean (ater Politically moti-ated .s characteri>ed y the a%thorities1 .ct%ally 6o e**ort was made to listen to the +eo+le;s Com+laints1 'he 9ne res%lt was %n*ort%nate death o* a +oliceman1 Mo%rnin) the co%ntry 4n this cr%cial wee# leadin) %+ to the de atin) o* the 2014 resol%tion in the 5nited 6ations ,%man 3i)hts Co%ncil, what the world saw was a $o-ernment at odds with itsel* in dealin) with in-esti)ations that sho%ld ha-e een handled with the %tmost delicacy i* a national sec%rity threat .ct%ally was in 4ss%e1 'he 'imin) co%ld not ha-e een worse, rin)in) into the *iercely critici>ed P'. :oc%s .)ain1 4t was almost .s i* there was a deli erate .C' o* sel*immolation1

'he re-ised resol%tion ta led e*ore the Co%ncil re2%ests the 9**ice o* the ,i)h Commissioner %na le to "=.7 a !erio%s 4n-esti)ation into alle)ed -iolations y oth +arties in !ri "an#a with a -iew to +re-entin) :%t%re .ssistance :rom e<+erts and with im+%nity1 4ts :oc%s 9n 3%le o* "aw instit%tional re*orms *%-ola is sin)%larly1 .s ,istory 3ecord will, what will ha++en this is no small Matter (ee# at the Co%ncil1 4t is o* )ra-e conse2%ence to !ri "an#a1 .nd the res+onsi ility *or C.6 only e isolatin) o%rsel-es in this manner 9n this $o-ernment, notwithstandin) an)ry condemnation o* the (est;s 7o% le standards1 "et %s e clear a o%t this, e-en at this "ate !ta)e1