Top experts of the UN Human Rights body led by senior international Human Rights Attorney Priya Gopalan has called upon the Ranil Wickeremesinghe government to immediately suspend and review so-called Operation ‘Yukthiya’-which is dubbed as a war against drugs.
Apart from calling for an immediate suspension of the operations the experts have asked the Sri Lankan government to focus on policies based on health and human rights.
“Drug users have human rights” the experts emphasized.
Adding further they said, “They deserve to live a life with dignity without facing further discrimination and stigmatization”.
The nationwide crackdown by the controversial Public Security Minister Tiran Alles and his acting police chief Deshabandhu Tennakone has come in for sharp criticism and condemnation from local and international bodies.
UN experts Priya Gopalan (Chair-Rapporteur), Matthew Gillbett (Vice-Chair on Communications), Miriam Estrada-Castillo and Mumba Malila, Working Group on arbitrary detention, Margaret Satterthwaite, Special Rapporteur on the Independence of Judges and Lawyers; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health have deplored reported cases of arbitrary arrests of thousands of drug offenders from marginalized soci0-economic groups, and the detention of hundreds in compulsory military-run rehabilitation centres.
Torture and ill-treatment were also reported during the security operation known as ‘Yukthiya’ they said.
“The current context of severe repression against suspected drug offenders id deeply worrying” the experts added.
The said to be war against drugs has become infamous for its grave human rights violations by the state security agencies. Arbitrary arrests, inhuman treatments have become part of this nationwide crackdown on narcotics.
‘Operation Yukthiya’ is jointly implemented by Sri Lanka Police-whose acting chief Deshabandhu Tennekon is accused of gross human rights violations and have been indicted by the court-and the Ministry of Public Security.
As part of the crackdown more than 20,000 suspects have been arrested and subjected to torture, cruel, inhuman or degrading treatment according to the complaints received by the Human Rights Commission of Sri Lanka (HRCSL).
“The operation has accordingly become associated with reports of widespread injustice, making its very title ‘Yukthiya’ (the Sinhala term for ‘justice’) a misnomer”.
The Bar Association of Sri Lanka too has raised serious concerns with regard to the operation. HRCSL has emphasized the rule of law has to be respected and constitutional guarantees are ensured.
“The Commission reiterates that every person in Sri Lanka has a fundamental right to be free from torture, or cruel, inhuman, or degrading treatment or punishment under Article 11 of the Sri Lankan Constitution. This right is absolute and inalienable and may not be restricted under any circumstances”.
Expressing similar sentiments, the UN experts stressed that rehabilitation must be conducted from a harm reduction perspective, respecting the autonomy and informed consent of drug users, including the right to refuse medication.
“Compulsory rehabilitation centres should be closed immediately and replaced by voluntary, evidence-based, rights-based and community-based social services,” said the experts, who stand ready to provide technical cooperation.
They urged Sri Lankan authorities to investigate thoroughly and impartially any allegations of torture, ill-treatment and denial of due process and fair trial rights.
“Irregularities in the judicial process of sending people to rehabilitations centres should also be investigated,” the experts said.
They called on the Government to review its current legislation on drug offences and to end the involvement of armed forces in drug control and treatment activities, in line with international human rights law and standards.
Apart from calling upon the government to suspend its ‘Yukthiya’ operation the experts had already written to the government last year raising their concerns about Sri Lanka’s legislation on the treatment of suspected drug offenders.
