(Hong Kong June 28, 2004) Courts in Sri Lanka are so poorly equipped that simple communication facilities, such as fax machines, can help safeguard the administration of justice and the civil liberties of defendants, the Asian Human Rights Commission (AHRC) said.
Victims of these circumstances are being kept longer in jail unjustly due to a time lag between the issuance and the implementation of court orders for their release, the Hong Kong-based regional human rights group said.
"It is time to end such a painful and ridiculous situation," said Basil Fernando, executive director of AHRC.
The plight of such victims could be stopped by installing fax machines in all courts to enhance communication and avoid any delay in carrying out the release orders, Fernando said.
"It is unfortunate that the magistrates' courts, the district courts and the high courts still haven't got such facilities, which are commonly used by many small businesses and private individuals in Sri Lanka," Fernando said.
"The prevailing primitive condition of the communication systems in courts simply shows the carelessness of the authorities and their disregard for the administration of justice and the civil liberties of the people," he said.
AHRC called on the authorities in Sri Lanka and the local Bar Association to help remedy the problem as soon as possible.
The human rights group noted that many of the victims are poor and illiterate and do not know and are unable to defend their rights.
The situation could worsen when there are technical aspects causing delays or some unscrupulous officials try to take advantage of these conditions, the group said.It cited the case of Koralaliyanage Palitha Tissa Kumara, who was tortured and infected with tuberculosis when a subinspector of the Welipenna police station forced a TB patient to spit into his mouth.
Kumara was forced to admit to charges of possession of a bomb and armed robbery that were most likely framed against him while he was detained by the police.
A state counsel said in court that Kumara's complaints against the police's use of torture were true and that the charges against him were likely to be fabricated.
Although both the appeal court and high court granted Kumara bail earlier, the 31-year-old artisan is still in jail awaiting the completion of the formalities for his release.
The magistrate's court said it had yet to carry out the bail order because the documents sent by the appeal court contained typographical errors.
"Kumara may still be remanded in prison for a few more days to wait for the correction of the errors as communication and the transfer of the papers take some time. Had there been a fax machine in the magistrate's court to receive the relevant information quickly, he would have been released and obtained proper medical treatment earlier," Fernando said.
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying for human rights issues in Asia. The Hong Kong-based group was founded in 1984.
