Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Click here to watch video on Article 12, The Right to Privacy
Imagine if the Toronto Police could come knocking on your door, without a warrant, without any reasonable doubt, and just search though anything they liked in your home – without you having done anything criminal, or requiring a search. Now imagine that you are being targeted in a program of genocide, where the opponent is trying to intimate, and silence you. And, finally imagine that those opponents have the power, by law, to arrest you and search you anytime they want. What would you do?
Privacy is a right, however, in Sri-Lanka, the government has passed laws that do not honour the privacy of citizens. Here’s an excerpt of the 1979 Public Security Act that states that police officers may, without a warrant arrest anyone, search any premise or individual and seize ANY document or thing. This gives super powers to the Sri-Lankan Government and Police to carry out violations of citizen privacy. Reasonable doubt is not even mentioned in this Act, which means that there does not have to be reasonable doubt for arrests or searches.
On Warrants of Arrest (1979 Public Security Act)
PART II – INVESTIGATION OF OFFENCES
6.(1) Any police officer not below the rank of Superintendent or any other police officer not below the rank of Sub-Inspector authorised in writing by him in that behalf may, without a warrant … notwithstanding anything in any other law to the contrary –
(a) arrest any person;
(b) enter and search any premises;
(c) stop and search any individual or any vehicle, vessel, train or aircraft; and
(d) seize any document or thing…
With so much unrestricted access to the private lives of citizens, the Sri-Lankan police are able to use these laws in their favour to arbitrarily search Tamil homes as a tool to intimidate, silence and control them.
The Sri-Lankan government has been searching and arresting Tamils with this power, not because they should, but because they can. Below are excerpts from news articles from April-May last year on searches. One of the quotes mention that no information is available of those being arrested in these searches, without adequate documentation, there will be failure to produce victims in court, and can indefinitely detain those arrested from unlawful searches.
“The Sri Lanka Army (SLA) and Police Sunday from morning till evening conducted cordon and search operation covering the entire bazaar area of Vavuniyaa town. Civilians were not allowed to enter or leave bazaar area till the operation was completed. People in the bazaar area were taken to a location close to the police station where they were subjected to severe interrogation and their identities were checked. Those failed to prove their identity were taken to the police station for further inquiry, sources said.” (April 2009, Tamilnet)
“Cordon and searches launched by SLA and police continued amidst celebration and festivities held by Sinhalese people.” (May 2009, Tamilnet)
“SLA and police have been conducting similar searches in Eddiyawathe in the past few months.” (October 2009, Tamilnet)
“Many Tamils were subjected to interrogation during the search. Meanwhile, police conducted similar search operations in Seethuwa and Katunayake areas in the suburbs of Colombo, in which many Tamils travelling in vehicles were stopped for checks and interrogation, sources in Colombo said.” (April 2009, Tamilnet)
“Sri Lanka Army (SLA) in Jaffna launched sudden large scale cordon and search operations Saturday and Sunday in many parts of Jaffna peninsula, deploying thousands of soldiers, sources in Jaffna said.” (April 2009, Tamilnet)
“The soldiers did not permit anyone to leave their houses during the search and interrogated the persons in all the houses in the area.” (April 2009, Tamilnet)
“No infomation is available of anyone being arrested in these searches.” (April 2009, Tamilnet)
Credits:
http://www.sangam.org/FACTBOOK/PTA1979.htm
http://tamilnet.com/art.html?catid=13&artid=29097
http://tamilnet.com/art.html?catid=13&artid=30429
http://tamilnet.com/art.html?catid=13&artid=29412
Tags: Speak Out
