In June 2007, CPA filed a fundamental rights application in the Supreme Court seeking relief and effective redress in respect of the eviction of Tamil persons from Colombo and the prevention of Tamil persons from entering and / or staying in any part of Colombo. This was filed in the aftermath of several persons being forcibly rounded up in the Wellawatte police division and taken in buses to an unknown destination by the Police. The matter which is an in violation of Article 11, 12(1), 12(2), 13(1), 13(2) and 14(1) (h) of the Constitution was supported on the same day and the Supreme Court granted interim relief and issued notice on the Respondents. In May 2008, the Sri Lanka Supreme Court issued an order barring security forces from evicting ethnic Tamils without a court order.
Centre for Policy Alternatives on 2 June, 2007 Natsingam Suntharalingam Vs. Minister of Defence (219/07)
In June 2007 CPA supported four petitioners in filing a Fundamental Rights Application. The petitioners were Tamil citizens of Sri Lanka whose families have been residing within Trincomalee district in the East of Sri Lanka and owning property there for generations.
In terms of the Gazette Extraordinary No.1499/25 of 30th May 2007 the Petitioners were being excluded from returning to their lands despite the said the land falling within the Trincomalee Special Economic Zone having been declared as a Licensed Zone under section 22A of the BOI Act No.4 of 1978 published on 16h October 2006 by an extraordinary gazette notification No.1467/03.
The demarcation of the Trincomalee Special Economic Zone constitutes an infringement and imminent infringement of fundamental rights guaranteed under Articles 12(1), 12(2), 14(1) (g) and 14(1) (h) of the Constitution.
The Counsel representing the state submitted that steps are being taken for the resettlement of affected persons with due compliance of the internationally operative best practices for such process.
Centre for Policy Alternatives on 23 June, 2006 An Investigation into the Closure of CBNSat and Implications for Sri Lankan Broadcast Media
“An Investigation into the Closure of CBNSat and Implications for Sri Lankan Broadcast Media” written by Ms. Ruha Devanesan in June-August 2006.
Centre for Policy Alternatives on 15 March, 1999 Gnanamuttu V Attorney General
Gnanamuttu V Attorney General
(SC Application No. 152/98)
Case argued – 15 March 1999
Court Decision – 5 May 1999
A Tamil civil engineer, Joubert Gnanamuttu, was detained at a military check point in the heart of Colombo because he did not have a special registration form. He had in his possession his national identity card and other forms of identification. He was taken to two police stations and after many hours was told that he had to retain a lawyer. A fee was demanded of him. Mr. Gnanamuttu’s assertion that he did not want a lawyer and could represent himself were ignored.
CPA sponsored an application before the Supreme Court alleging that Gnanamuttu’s fundamental rights had been violated by the military at the check point and also thereafter by the police who detained him. The Supreme Court upheld his application and ordered the State and the main police officer to pay him Rs 50,000 as compensation.
The case, which attracted widespread publicity, was important as it dealt with a form of harassment which many Tamil people living in the Western Province experienced frequently. The registration requirement is itself controversial as it is often applied in a discriminatory manner against Tamil people. The demand that they should carry the form on their person makes it worse. The court clarified that it was not mandatory for the registration form to be so carried.
The case also revealed how the police and unscrupulous lawyers collude to harass and victimise Tamil civilians.