The Centre for Policy Alternatives in its affidavit filed this week in the fundamental rights violation petition against the forcible evacuation of Tamils from Colombo pleaded with the Supreme Court to grant substantive and / or punitive compensation to the affected.
Dr Pakiasothy Saravanamuttu, the Executive Director, in the affidavit had pleaded to court to direct the relevant authorities to take disciplinary action and appropriate punishment against all those responsible for the forcible eviction of Tamils. He stated that Senior DIG (Range III) M Balasuriya had issued a circular dated May 31 stating that Defence Secretary Gotabhaya Rajapaksa had instructed to take steps to remove Tamils who had come from the North and East to the Western Province.
He also stated that on June 7, the police sought assistance from the public to inform the police the details of others who are resident in Colombo without ‘a valid reason’.
He alleged that a large number of Tamils in Wellawatta, Pettah, Kotahena, Wattala, Maradana, Modera, Bambalapitiya, Kirulapone, Grandpass, Narahenpita, Keselwatte and Wolfendal Street were forcibly removed on June 6 and 7 by police and army who forcibly rounded up and took them in buses to Vavuniya, Trincomalee and to an unknown destination.
He has also filed four affidavits from four persons who were forcibly removed to Vavuniya. Later they were brought back to Colombo by police but they have been asked by the police to leave Colombo within two weeks and three months respectively and further threatened that they will be arrested and detained for 14 days in their failure to leave, Dr Pakiasothy alleged.
In another case, a father came to Colombo to send his son abroad and thereafter the son was diagnosed to have dengue and was admitted to the Intensive Care Unit of the Royal Hospital. As his conditions was critical, and he had vomited blood, he was transferred to the National Hospital where he was treated for 10 days.
He was thereafter discharged and was lodged at a lodge in Wellawatta to receive adequate rest and further medical treatment. Mr Pakiasothy alleged that the sick son had been forcibly evicted by the police by turning a deaf ear to his pleas that he needs to stay in Colombo to receive further treatment.
When his medical reports were shown, the police officers told him to get himself admitted to the Jaffna Hospital if he was sick. Mr Pakiasothy further stated that on June 10, the Prime Minister expressed regrets, however several other Ministers had justified this move. He said that Defence Secretary Gotabhaya too justified this eviction referring to Tamil people in Colombo had stated, “We could have put all of them under detention.”
The Supreme Court on June 8 had issued an Interim Order directing the IGP not to take any steps to evacuate Tamil persons from Colombo or to prevent them from entering and staying in any part of Colombo.
Leave to proceed was also granted for the alleged infringement of Article 12(1) and 12(2) of the Constitution guaranteeing fundamental right to equality and equal protection of the law as well as Article 14(1) (h) for the alleged infringement of the fundamental right to freedom of movement and of choosing residence within Sri Lanka.
Court had reserved the right to allow the petitioners to further support for the infringement of fundamental right to freedom from torture or cruel or inhuman and degrading treatment as well as the right to freedom from arbitrary arrest and detention. Petitioner cited IGP, OICs of Wellawatte, Pettah, Kotahena and Wattala police stations as well as Army Commander Lt.Gen. Sarath Fonseka, Air Force Commander Air Vice Marshal Roshan Gunatilleke, Navy Commander Vice Admiral Wasantha Karanagoda, Defence Secretary Gotabhaya Rajapaksha and the Attorney General as respondents. This matter is to be taken up today (22).
(http://www.dailymirror.lk/2007/06/22/news/06.asp)
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