SRI LANKA: Provide fax machines in all courts to reduce delay in court communications 

Dear friends

The justice dispensation system in Sri Lanka suffers from the petty mindedness of the Government, which often fails to recognize the necessity for infrastructure for its proper functioning. Lack of proper and adequate infrastructure is one need that is to be addressed immediately.

In this context the Asian Human Rights Commission draws the attention of the Sri Lankan government and all relevant authorities to the unnecessary suffering caused to people including extra-days spend in jail by persons despite court orders to release them. This problem is due to lack of infrastructure for communication from and to the court to the appropriate authorities in case a person is ordered to be released or in case if any additional information is to be collected by the court where a petition requesting for the release of the person is filed in court. Providing fax machines to all the courts in Sri Lanka could solve this problem. The Magistrate courts, District courts and High courts can be much helped by providing this facility. It is unfortunate that the courts still do not have such a facility when even small businesses and many private individuals are using such facilities. As telephone facilities are available there is no hindrance to immediate introduction of fax machines to the court. The primitive communication systems still prevailing only show careless disregard for administration of justice and civil liberties of the people.

While people are kept in remand unjustly they go to higher courts to obtain orders for release. Courts grant relief but even to benefit from such relief it takes further time. While every one suffers from this those who suffer most are the poor and illiterate. Added to the technical aspect of delays some unscrupulous persons also take advantage of the situation.

Recently well published case of Koralaliyanage Palitha Tissa Kunra who was tortured and was spat upon on his mouth by a TB patient as the patient was forced by a sub-inspector attached to the Welipenna police is one example. The response of the police when the victim complained was to fabricate two cases and to remand him on the excuse of these false charges. One charge was the possession of a bomb and other was of armed robbery. On investigations the National Police Commission was satisfied that the complaints against the police was true. A State Counsel was good enough to state in court that the allegation of torture in the manner complained was true and in all probability the charges were fabricated. When bail applications were filed in Appeals Court and High Court the state did not object and in fact assisted the court. Both Courts ordered bail. Appeal Court ordered bail on 26 May 2004. High court granted bail on 16 July. Even now this unfortunate man is still in remand prison and unable to get proper medical treatment. The Magistrate court states that the bail cannot be granted as the papers it has received from Appeals Courts have a typographical error. There is no easy way to correct the error. Communication up and down takes some time. He may still be in remand prison for a few more dates. Had there been a fax machine in the magistrate court, the poor man by now would have seen a doctor despite typographical errors.

It is time to end such painful but ridiculous situations. We urge every one particularly the Bar Association of Sri Lanka to take active interest in correcting this situation in as a short time as possible. Your immediate intervention in this case can make a difference.

SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this serious problem.

To support this case, please click here: SEND APPEAL LETTER