Tuesday, January 31, 2017
Monday, January 30, 2017
Basil Fernando's Deterioration of the Legal Intellect in Sri Lanka Reviewed by Hemantha Situge
BOOK REVIEW
Title : Deterioration of the Legal Intellect
in Sri Lanka
Author : Basil
Fernando
Publishers : Kalyana Mitra Publishers
Legal
Literature Books, Colombo-08.
Reviewed by : Hemantha Situge
e-mail:hsituge@gmail.com
blog:
Hemantha Situge@blogspot.com
The book entitled : “Deterioration of the Legal Intellect in Sri Lanka”
authored by Basil Fernando
that indefatigable internationally famed, Sri Lankan human rights
activist, is published by Kalyana Mithra
Publishers - Legal Literature
Books YMBA Colombo 8 and was released recently . The book contains a collection
of eleven essays that were appeared in the Asian Human Rights Commission
network, counter current.org, Colombo Telegraph and the Sri Lanka Guardian in
May and June 2015.
The book is dedicated : “To Gerald Perera a torture victim who was
later assassinated (2004) to prevent him
from giving evidence before the High Court against the police, the
perpetrators, cases against whom are still pending courts’.
[This cause célèbre case is a reported judgment found in the 2003(1) Sri Lanka Law
Reports (SLR) 317 ] thereafter, ‘to Rita a young rape victim whose case is
pending after 14 years to day … and also to Premalal de Silva and his father
and mother who were all associated as revenge for making a complaint against
some police officers … And, for thousands of others who continue to suffer due
to the defects of our justice institutions’. Indeed a heart rending dedication
for all those who yearn for justice and suffer in prolong silence.
The introduction written by Basil Fernando states
that: “The theme common to the articles is the crisis
of law in Sri Lanka due to 40 years of assault by several regimes that pursued
an authoritarian agenda. With the electoral change on 8th January 2015, the challenge now
is how to undo the damage suffered by the legal and judicial system. This
requires a sound understanding of how deep is this damage and what are the
basic changes that must be undertaken.
These short pieces are an attempt to answer both of these issues.
For an outsider to Sri Lanka, the events
discussed in these essays may be disturbing. However, to any adult Sri Lankan,
they may even sound like understatements. I hope the essays may give rise to a
public discussion on these issues. Every Sri Lankan would have lot to add to
this discussion”.
In the foreword written by Dr.Jayantha Almeida Gunaratne
President’s Counsel, Visiting Justice of Appeal of the Republic of Fiji aptly
states that: “I would have liked of Mr.Fernando has suggested a transparent
mechanism by which ‘the way investigations and prosecution of murder is dealt
with’ could be monitored in order to “undo the damage suffered by the legal and
judicial system.”
The book is an eye – opener which deals with not
only some timely incidents but a clamour for the justice that never saw the
light of the day. The first essay has dealt with: “Quelling mass protests with
extra- judicial killings” where the discovery of your members of one from
Wennappuwa was found at the eve of the new year January 2015. Basil Fernando states that:
“In tracing the rapid deterioration of the legal intellect in Sri Lanka, the
extra judicial killings committed by the State should be scrutinized as one of
the most significant factors of such
deterioration”. The second deals with a triple murder where father, mother and
the son was killed in retaliation for filing of a fundamental rights petition
against five police officers”. This case is a reported case found in the 1991(2) Sri Lanka Law Reports 307 . Basil Fernando
states that: “To anyone who is left with an iota of legal sensitivity, this
triple murder of a father, a mother and
a son carried out solely with the view of subverting the law, should become a
challenge. If there is a will, even now, it is not too late to investigate this
ugly and horrible affair”. The third article has dealt with an incident of
selling of a child in April 2015 from Ambathenna, Katugastota where he demands for
the basic capacity for child care. The fourth article contains a pronouncement
made by the UNHCR Committee on 1st April 2015 on a custodial death that has taken
place on 26th July 2003 at the Moragahahena
police. viz one Sunil Hemachandra. Basil
Fernando also states that: “What is also unique in this case, is that UNHCR has
made observations regarding failures of
the Supreme court of Sri Lanka to call for a fresh inquiry, whereby the Court have intervened to
defeat the police scheme to deny justice
by subverting inquires into a custodial death”. In the fifth article Basil Fernando criticizes the Prime Minister Ranil
Wickramasinghe’s ITN interview done on
23rd April 2015 where he agitates
that: “……… to place before the nation a more comprehensive response, as to how the prime and the
government envisions carrying out his duty, to inculcate an attitudinal change into the armed forces and the police
where they would observe the normal
decencies that they are expected to observe is relation to persons they have taken
into these custody”. The sixth article of the book has dealt with Patini
Razeek’s murder a disappearance that took place on 11th February 2010 which is also
highlighted as a disturbing allegation in the LLRC Report. Thus Basil Fernando
states that: “The failure to prosecute this case therefore is not due to
absence of evidence it suggests a deliberate scheme for preventing a due
prosecution. Such a scheme for prosecuting criminals itself is a horrendous
crime. In the seventh and ninth articles he has encompasses: “Justice delayed
is justice denied” where the seventh deals with a 18 years old whose case is
still pending in Sri Lankan Court of Law, the ninth article he has dealt with a
rape victim of a in Nuwara Eliya High
Court. In the eight article he deals with a rape murder victim Vidya in Jaffna
which has caused a cause célèbre.
Basil Fernando sets out an example from Hong Kong
in the final chapter where he has been living for the past 25 years. Fernando
does not advocate the “Hong Kong model” that could be monitored in order to
“undo the damage suffered by the legal and “judicial system” of Sri Lanka”.
However he is quite optimistic not be a day dreamer or to be in a State of
Utopia but on “the good they can do to the society” through the action of pressure of groups when where
the need arose to put the State in the
right direction.
The book contains an appreciation from K.G.Sankarapillai.
Is he another victim? Thus: “One of the most significant analysis of the new
Sri Lankan sad waves. An in-depth study of violence, brutality, and shocking
human condition in a modern democracy. A brand new narrative to be told to the whole world. My salute!”
May the clarion call uttered by Basil Fernando is heeded in the interest
of justice, as the law enforcement authorities would not turn a blind eye for
the sordid crimes that is committed by the perpetrators. Basil Fernando grave concerns
on human rights records could be summed up in one word that is Appalling!! Thus O tempora! O mores! What times! What practices! This reviewer fervently believes that Basil Fernando’s book
merits serious reading and incisive
reflection for the law enforcement authorities in our country to be awake from
the deep slumber. Let us cry a halt in the name of humanity for these mayhem
and waves of crime! This reviewer can only conclude this review by the
concluding lines of his introduction. Thus: “we can ignore these fundamental
issues only at the cost of further peril.”
Monday, January 16, 2017
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