News/Comment

11th November 2001

INDEX | FRONT PAGE | EDITORIAL | NEWS/COMMENT | EDITORIAL/OPINION | PLUS | BUSINESS | SPORTS | MIRROR MAGAZINE | TV TIMES | HOME | ARCHIVES | TEAM | SEARCH | DOWNLOAD GZIP
The Sunday Times on the Web
INDEX

FRONT PAGE

EDITORIAL

NEWS/COMMENT

EDITORIAL/OPINION

PLUS

BUSINESS

SPORTS

MIRROR MAGAZINE

TV TIMES


HOME

ARCHIVES

TEAM

SEARCH

DOWNLOAD GZIP


Click image for a larger view
Click image for a larger view

Click image for a larger view

Early lead for UNP, but result wide open

UNP media spokesman Karunasena Kodituwakku welcomed the poll results saying it was an early sign of the victory to come while Minister A. H. M. Fowzie expressed confidence that a large majority of the undecided voters would come to the PA and swing the balance.

The JVP was thrilled with the results with propaganda secretary Wimal Weerawansa saying it showed the massive swing towards the party. 

The UNP-led United National Front appears to have taken an early lead in the general election battle — but with an increasing trend towards the JVP and as many as 11 percent of the people undecided, the question as to who will form the next government is still open, an opinion poll revealed.

The poll conducted for The Sunday Times by the independent research consultancy group Survey Research Lanka (Pvt.) Ltd. in all parts of the country except the north and east, gave the UNF 40.4 percent, the PA 33.4 percent and the JVP 12.8 with 11.2 percent undecided. 

The poll made among a selected cross section of 2,400 people above the age of 19 during a period from October 27 to November 1, 2001, also showed important or interesting trends and thinking patterns in other areas. 

Another research group Org-Marg Smart also conducted a poll for The Sunday Times, covering the period October 30-November 1. While the results on the overall positions of the major parties will be released later, the poll showed interesting or important trends among the people on related matters.

Survey Research Lanka

Survey Research Lanka (Pvt) Ltd is an independent Research Consultancy which offers a range of specialist services in the fields of Marketing, Media, Social and Opinion Surveys. Established in October 1989.

SRL conducted its first Political Opinion Poll in 1994 prior to the Presidential Elections of that year. The results of that Poll indicated the impending change in the political fabric of this country. The second Opinion Poll was conducted by SRL before the General Elections 2000 - the results of which did not differ significantly from the actual outcome of the elections.

Org-Marg Smart

Org-Marg Smart is an independent private market, social and economic research agency undertaking research mainly in the areas of consumer goods services. It is the country's pioneer market research agency to conduct independent opinion polls regularly in Sri Lanka.

The company in a statement says:

"The views expressed are purely inferred from the results of the opinion polls and in no way reflect that of the research agency. We earnestly request those who read this report not to announce/publish/re-produce any of the results contained herein out of context.

"The poll was conducted among an islandwide sample of 1250 respondents. covering the 17 districts outside the North and East, to represent the entire voting population of the country in these areas. The field work was conducted during October 30-November 5, 2001."



Focus on Rights - By Kishali Pinto Jayawardene

Who guards the guards themselves?

The Inspector General of Police in this country, who is doubtless an "honourable man as they are all, indeed, honourable men (and women)", would do well if he scrutinizes a particular judgement of the Supreme Court this week that is of extreme relevance to the police force over which he is proud to preside. The judgement (Kemasiri Kumara Caldera v OIC, Seeduwa Police Station and others SC(FR) 343/99) should be read by the IGP for the reason for its telling of the brutal levels to which this society has degenerated and for the manner in which it delivers a scathing indictment on officers under his command and their impunity and utter disregard of the law.

The particular incident before Court is so frighteningly commonplace that it could have happened to any citizen of this country. Indeed, one can point to numerous like instances which have also been brought before courts by victims in past years. They all illustrate instances of private disputes brought to police stations where the perpetrators have strong political connections and where the police has taken the side of the latter without any regard to fairness or their duties under the law.

In this case, the facts were particularly horrifying, where the petitioner, the son of a well known musician and himself, a budding musician had already been seriously injured in a dispute which had occurred on the road but the police had refused to take down his complaint, had assaulted his brother and friend who had come with him and put them into a cell and then when the petitioner had attempted to go by himself to admit himself to hospital, had proceeded behind the petitioner repeatedly shooting at him and in fact, shot at him after he stopped the vehicle and was sitting in the driving seat. 

At the time of filing his application, Caldera still had pellets in his body, had been bedridden for around one and a half years, had been warned by the surgeons that he may not be able to walk again in the future and was unable to properly discharge his bowel and urine functions. At the time of coming before court, he was approximately twenty years old.

What distinguishes this case however, (apart from the extent of injuries suffered by the petitioner), was the blatant manner in which the Court found the police to have falsified their documents and embarked on "total fabrications." In the judgement of Edussuriya J. (with whom Amerasinghe J. and Wadugodapitiya J. agreed), the Court points out that the impunity and utter disregard with which entries have been falsified by the police makes "one wonder whether the supervising A.S.P.s and S.P.s are derelict in the discharge of their duties or in the alternative, condone such acts."

The Court went on to ask a very pertinent question thus; "…..the police force appears to be full of such errant officers. The question is what is the 5th respondent (the Inspector General of Police) doing about it? In my view, it is unsafe for a court to accept a certified copy of any statement or notes recorded by the police without comparing it with the original. It is lamentable fact that the police who are supposed to protect the ordinary citizens of the country have become violators of the law, we may ask with Juvenal, 'quis custodiet ipsos custodes?' - who is to guard the guards themselves?"

The Supreme Court, interestingly found on the facts of the case that, not only was Caldera's right to be free from illegal arrest and detention violated but also his right to be free from cruel and inhuman treatment. Record compensation of rupees seven lakhs were ordered to be paid, one lakh each by the police officers found responsible for what he had to undergo and the rest by the State.

This week's judgement is important in that as observed at the start of this column, Caldera's agony is by no means uncommon in this country nor is this the only instance where the Supreme Court passed such strictures on the police force. On the contrary, the Court has repeatedly issued reprimands, notably in one heinous case in 1995 where a 14 year old girl had been tortured by police officers resulting in the impairment of the sight of one eye. On this occasion, the Supreme Court expressed its disgust in the following manner;

"In many cases in the past, this Court has observed that there was a need for the Inspector General of Police to take action to prevent infringements of fundamental rights by police officers, and where such infringements nevertheless occur, this Court has sometimes directed that disciplinary proceedings be taken. The response has not inspired confidence in the efficacy of such observations and directions………"

The tremendously damaging effect of cases like this on Sri Lanka's international human rights record is, of course, without a doubt. Regardless, this pattern of police abuse and related impunity continues to be viewed by the Inspector General of Police and indeed, the Head of State of this country, with an indifference that borders on the unbelievable. As we well saw in the recent famous (or rather infamous) BBC's 'Hardtalk" where one of the most experienced interviewers in the world brought a disastrous session with the President of Sri Lanka to a fittingly inglorious close when he questioned her about why "the Supreme Court proclaims that the IGP does not take any notice of what it says…." and the only answer was that "these may have been only a couple of times.." and ultimately that "…..she does not know." As a citizen of this paralysed country, one cannot but wonder what greater shame can one be subject to?



More News/Comment
Return to News/Comment
News/Comment Archives

INDEX | FRONT PAGE | EDITORIAL | NEWS/COMMENT | EDITORIAL/OPINION | PLUS | BUSINESS | SPORTS | MIRROR MAGAZINE | TV TIMES | HOME | ARCHIVES | TEAM | SEARCH | DOWNLOAD GZIP


 
Please send your comments and suggestions on this web site to
The Sunday Times or to Information Laboratories (Pvt.) Ltd.