asylum லேபிளுடன் இடுகைகளைக் காண்பிக்கிறது. அனைத்து இடுகைகளையும் காண்பி

ஞாயிறு, 14 ஏப்ரல், 2013

Torture is systemic in Sri Lanka, HK Court sends chilling message

[TamilNet, Saturday, 13 April 2013, 10:02 GMT]
Giving additional impetus to world-wide protests of Tamils against the gross rights violations, including torture, on Tamil civilians by Sri Lanka security forces, and reinforcing that torture is endemic to Sri Lanka's oppressive state apparatus, and systemic across successive Sri Lanka governments, Hong Kong's appeals court granted asylum to two Tamil men, declaring that the men face torture and can claim "well-founded fear of persecution" if returned to Sri Lanka, reports from Hong Kong, a special administrative region of China, reveal. The two Tamils are believed to be the first and the second to win appeal cases since a new appeal process was set in place in 2009 in Hong Kong. The first man arrived in Hong Kong in 2003, at age 20. The names of the two were not made public due to security reasons, reports said.

Paper: Well-founded fear of persecution

"While Sri Lankan obstructionism has temporarily paralyzed the formation of a post-Mu'l'livaaikaal tribunal to adjudicate the jus cogens norm violations perpetrated by the Rajapakse administration, the international crime of State-sponsored torture targeting Tamils fleeing racial persecution on the island continues to accrue recognition in the global corpus of Tamil asylum case law, from France to Canada and beyond," spokesperson for Tamils Against Genocide [TAG], a US-UK based activist organization that seeks legal redress for Tamil victims of war, said.

"In contradistinction to the fate of nearly 19 Tamil asylum seekers in UAE, Hong Kong has affirmatively enforced the principle of non-refoulement in their determination that a well-founded fear of future persecution via torture exists today in Sri Lanka, even though the asylum seekers entered Hong Kong in 2003," TAG added.

"The various methods of Sri Lankan torture as applied to Tamils in custody of the majority-Sinhala security establishment range from electrocution, asphyxiation by petrol fumes, to sodomy, and have been developed across multiple Presidential administrations, thereby satisfying the criteria for individual and state criminal responsibility," TAG further said.

Mark Daly, attorney for the first Tamil refugee

Mark Daly - lawyer for the Tamil involved in the Hong Kong appeal, said the case "lends some credibility to the process". The Torture Claims Appeal Board had received 1,335 appeals by the end of last year, according to South China Morning Post. While it means he will no longer face repatriation, Daly said his client's rights in Hong Kong remained "minimal" and his future was still unclear.

"The independent appeal board was set up to hear a fair independent appeal. If the director of immigration rejected their claims, claimants have the right to appeal to this board. It is an important procedural safeguard," the paper quoted Daly as saying.

The appeal board - a panel of former judges and magistrates - is part of enhanced torture-screening mechanisms introduced by the government following a 2008 case in which the Court of First Instance ruled the then screening process failed to meet high standards of fairness.

Peter Barnes, attorney for the second Tamil refugee

Peter Barnes, the attorney for the second Eelam Tamil to be granted asylum, said, "[o]bviously, it's good news for him, but it's also good news for the system, which has finally recognised that there's a person who's in need of protection. I hope that now they've recognised one, they'll be prepared to recognise others who are equally deserving of protection," Barnes said.

Both attorneys are from the same law firm Barnes & Daly.

Hong Kong began applying the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The first claim was approved in 2008.

Related Articles:
06.04.13 UAE Tamil deportees face torture, HRW raises alarm
28.02.13 UK High Court blocks Tamil deportations
23.07.12 Emerging logistics blueprint of Sri Lanka's White Van operat..

External Links:

UN:		Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CMP:		Hong Kong grants torture claimant protection; only the second ever
CMP:		Sri Lankan first to win Hong Kong asylum under new appeal process

ஞாயிறு, 24 மார்ச், 2013

Australia's asylum seeker tail wagging war-crimes justice dog?

[TamilNet, Saturday, 23 March 2013, 19:53 GMT]
While rights group and Tamils dismissed the US resolution passed in the UNHRC sessions in Geneva as toothless and as allowing space to Colombo to continue with the structural genocide of Tamils, Australia was reluctant to endorse even this resolution, and voted at the last minute because of "concerns it would offend the ruling Rajapaksa brothers," Australia's ABC news reported quoting executive director of the New York based rights group Human Rights Watch [HRW], Kenneth Roth. "It is pretty clear Australia's policy toward Sri Lanka is the asylum seeker tail wagging the bilateral dog," Roth said.

"And it's pretty clear that Australia's policy is entirely set by its determination to stem the flow of boat people, mostly Tamils, from Sri Lanka," Roth added.

“The Gillard Labor Government has decided to dance cheek-to-cheek with a war criminal because it wants to stop Tamil refugees fleeing to Australia before this year's election,” veteran journalist Trevor Grant told TamilNet earlier, dubbing Australian’s current foreign policy on Sri Lanka as “one of the greatest sell-outs by government in Australian history.”

Meanwhile, Canada's prime minister Stephen Harper has threatened to boycott the next Commonwealth Heads of Government Meeting - due to be held in Sri Lanka later this year - over the country's human rights record. Several prominent policy makers and nobel laureates have called for shift of venue of CHOGM from Colombo.

However, Australia, not only has continued to indicate that there is no change in its position that it will attend the CHOGM in Colombo this November but have advised other Commonwealth Nations to attend.

“Australia most certainly will be at CHOGM, and we would urge nations like Canada to do so as well. Further we would suggest that Canada engages in talks with Sri Lanka as the best way of elevating human rights concerns is by discussing the issue...,” Senator Carr, Australia's Minister for Foreign Affairs, said in December 2012 during his visit to Sri Lanka.

While Australia seeks to collaborate with Colombo on clamping on the increasing tide of asylum seeker boats departing Colombo shores, Australia's Intelligence services linked a senior Sri Lankan government official who is close to Sri Lanka's president Rajapakse as responsible for "authorizing numerous boats in the past 10 months, fuelling the surge of asylum-seekers from Sri Lanka that has threatened to overwhelm Australia's detention system," The Australian reported in the 1st February edition.

Speaking on behalf of the Australian government, a spokesman for Immigration Minister Chris Bowen said the government was working closely with the Sri Lankans to break the smuggling syndicates, but declined to address the allegations against the official directly.

Related Articles:
01.02.13 Refugee boat surge to Australia linked to profiteering by Ra..
09.01.13 ‘Australia’s foreign policy on Sri Lanka greatest sell-out i..

External Links:

ABC:		Australia criticised over Sri Lanka war crimes vote
AU:		Blow to asylum battle as intelligence links Sri Lankan official to smugglers

சனி, 8 செப்டம்பர், 2012

SLN arrests asylum seekers, Greens Senator notes systematic abuse of Tamils

[TamilNet, Friday, 07 September 2012, 19:36 GMT]
As the Sri Lanka Navy arrested 54 Australia bound asylum seekers fleeing from the island on a boat on Thursday and hauled them off to the CID for interrogations, Australia’s Greens Party Senator Lee Rhiannon condemned the Australian Coalition’s political position to deport refugees from the island before they set foot on Australian soil as being “immoral, discriminatory, cruel”, referring to the routine violations of the Tamils’ basic rights in the island. "It is not surprising that people are looking to escape from Sri Lanka,” she told TamilNet. "Reports of the systematic abuse of Tamil women political prisoners and prisoners-of-war by the Sri Lankan armed forces are extremely disturbing,” she further said, alluding to TamilNet’s feature on genocide-intended sexual violence perpetrated by the Sri Lankan military and police on ex-LTTE female cadres.

Lee Rhiannon, Australian Senator

The Sri Lanka Navy has claimed that among the arrested are 47 Tamils, 5 Sinhalese and 2 Muslims, hailing from Jaffna, Vavuniyaa, Colombo, Ki'linochchi, Mullaith-theevu and Trincomalee.

The Coalition in Australia lumping all asylum seekers from the island as ‘economic migrants’ is either an act of ignorance or deliberately downplaying the structural genocide that the Eezham Tamils face under the Sri Lankan state, commented an Eezham Tamil activist in Australia.

Responding to questions sent by TamilNet regarding the debate in Australian political circles on the asylum seekers’ issue, Greens Senator Lee Rhiannon had the following to say:

"The Greens condemn the Coalition's stance. It is immoral, discriminatory, cruel and goes against Australia's international obligations.”

"Anyone who comes to Australia has a right to apply for asylum and their application should be judged on a case by case basis. A blanket position like this is very wrong.”

"If the Coalition looked carefully at reports coming in from Sri Lanka they would be aware that there continues to be disturbing evidence of people disappearing. Families and friends are left in the dark as to their well-being. Also there are worrying reports about and sexual violence against Tamil women.”

"Reports of the systematic abuse of Tamil women political prisoners and prisoners-of-war by the Sri Lankan state's security forces are extremely disturbing.”

"Further, one of the most important feature of democracy, press freedom, is absent.”

"It is not surprising that people are looking to escape from Sri Lanka.”

திங்கள், 4 ஜூன், 2012

Tamil asylum seekers to be forcibly deported from UK

[TamilNet, Thursday, 31 May 2012, 02:42 GMT]
While the British Government prepares to welcome Sri Lanka's President Rajapakse to the Royal Jubilee pageant, dozens of failed Tamil asylum seekers are to be forcibly deported to Sri Lanka today, despite objections raised by human rights groups, Amnesty International and Human Rights Watch (HRW) that there is well founded fear of torture of the returnees. Tamils Against Genocide (TAG) a US-UK based activist group released a research report Tuesday documenting details of evidence of the "risk of persecution upon return simply by virtue of the fact that they sought asylum abroad and also because of imputed political opinion regarding involvement with or sympathy for the LTTE."

Research Report: Sri Lanka's treatment of failed asylum seekers

"TAG's report presents these sources of evidence showing how failed asylum seekers may face risks either simply by virtue of their status as failed asylum seekers, or due to imputed political opinion regarding LTTE involvement or support especially when returning from places such as the UK that traditionally have very active Tamil diaspora communities," Ms Jananayagam, U.K's spokesperson for TAG said.

Britain's The Independent reported, "[t]he forced removals come as Mahinda Rajapaksa, who was the architect of Sri Lanka's final victorious push three years ago against the Tamil Tigers – a military offensive which defeated the brutal insurgency group but also led to the deaths of tens of thousands of civilians – flies into the UK to join the Queen's Diamond Jubilee celebrations.

"Human Rights Watch has documented 13 credible cases over the past two years in which failed Tamil asylum-seekers from Europe have been tortured after landing in Sri Lanka, and warns that those cases are likely to be "just the tip of the iceberg,"" the Independent further said.

Tamil returnees in general also face danger as they visit to the NorthEast to claim their ancestral properties taken over by the military during the war. Recent killing of a Canadian Tamil killed during such a visit has highlighted this danger.

Chronology:

31.05.12 British Court finds Sri Lanka torture allegations ..

31.05.12 Tamil asylum seekers to be forcibly deported from ..

Amnesty:		Sri Lankan asylum seekers tortured after being forcibly returned from Australia
Independent:		Special report: Tamil asylum-seekers to be forcibly deported
HRW:		UK: Halt Deportations of Tamils to Sri Lanka
HRW:		UK: Suspend Deportations of Tamils to Sri Lanka

வியாழன், 10 மே, 2012

சிறிலங்கா உள்ளிட்ட நாடுகளின் 200 போர்க்குற்றவாளிகள் லண்டனில் புகலிடம்

பதியப்பட்ட நாள்May 9th, 2012 நேரம்: 10:29

பிரித்தானியாவில் தளர்வாக உள்ள சூழலைப் பயன்படுத்திக் கொண்டு, சிறிலங்கா உள்ளிட்ட நாடுகளைச் சேர்ந்த 200 இற்கும் அதிகமான போர்க்குற்றவாளிகள் அங்கு புகலிடம் தேடியுள்ளதாக லண்டனில் இருந்து வெளியாகும் ‘தி சன்‘ நாளிதழ் தகவல் வெளியிட்டுள்ளது.

படுகொலைகள், பாலியல் வல்லுறவுகள் போன்ற மோசமான கொடூரங்களை இழைத்துள்ள போதும் இவர்களை தமது சொந்த நாட்டுக்கு அனுப்ப முடியாதுள்ளது.

ஐரோப்பாவின் மனிதஉரிமைச் சட்டங்களே அதற்குக் காரணம்.

இவ்வாறு லண்டனில் புகலிடம் தேடியுள்ள போர்க்குற்றவாளிகளில் சிறிலங்கா, ஆப்கானிஸ்தான், ஈராக், ருவாண்டா, சியாராலியோன், சிம்பாப்வே ஆகிய நாடுகளைச் சேர்ந்தவர்கள் முக்கியமானவர்களாவர்.

கடந்த 18 மாதங்களில் இவ்வாறான 207 சந்தேகநபர்களுக்கு எதிராக நடவடிக்கை எடுக்குமாறு பிரித்தானியாவின் எல்லை முகவரகம் பரிந்துரை செய்துள்ளது.

ஆனால் அவர்களில் 12 பேர் மட்டுமே நாடு கடத்தப்பட்டுள்ளனர்.

போர்க்குற்றவாளிகள் பிரித்தானியாவை பாதுகாப்பான புகலிடமாகப் பயன்படுத்திக் கொள்வதைத் தடுக்க இன்னும் வலுவான நடவடிக்கை எடுக்கப்பட வேண்டும் என்று லண்டனைத் தளமாக கொண்ட அமைப்பு ஒன்று வலியுறுத்தியுள்ளதாகவும் ‘தி சன்‘ நாளிதழ் தகவல் வெளியிட்டுள்ளது.

சிறிலங்காவில் போர்க்குற்றங்களை இழைத்ததாக குற்றம்சாட்டப்படும் மேஜர் ஜெனரல் பிரசன்ன சில்வா லண்டனில் உள்ள சிறிலங்கா தூதரகத்தில் பாதுகாப்பு ஆலோசகராக கடந்த 18 மாதங்களாகப் பணியாற்றியிருந்தார்.

இவருக்கு எதிராக சட்ட நடவடிக்கை எடுப்பதற்கு வசதியாக, இராஜதந்திர விலக்குரிமையை விலக்கிக் கொள்ளுமாறு பிரித்தானிய அரசிடம் வேண்டுகோள்கள் விடுக்கப்பட்ட போதும், அதனை பிரித்தானிய வெளிவிவகார அமைச்சு செவிசாய்க்கவில்லை என்பது குறிப்பிடத்தக்கது.

சனி, 17 மார்ச், 2012

HR organisations urged to attend plight of ex-militants needing asylum

[TamilNet, Friday, 16 March 2012, 05:55 GMT]
While Amnesty International and other international organisations have started to look at widespread and systematic mistreatment of detained former LTTE combatants in the hands of genocidal Sri Lanka, the organisations should also attend to the way some countries have enacted laws to create conditions of detention to asylum-seeking former Tamil militants, deport them or detain them in constant fear of deportation, and at the same time encourage and assist the handling of the Tamil militants by the genocidal state, urged Tamil civil activists in the island. In the context of the island, the human rights question and rehabilitation of all ex-militants could ultimately be handled with satisfaction and dignity, only when the Eezham Tamils are restored with their sovereignty, the activists further said.

Six months back, in September 2011, the UK Border Agency came out with a new policy of further tightening its “Restricted Discretionary Leave” (RDL) provision under which asylum seekers rejected for Geneva Convention and Humanitarian Protection considerations are placed.

When provisions of the European Convention of Human Rights prevent immediate deportation, the UK Border Agency gives them a short period under RDL, but always pursuing their removal as a priority. Extension of the period may be reviewed but appeals against the decision are not permitted.

During this time of stay, the virtual detainees cannot work, cannot study, should remain in their last address and should report to the immigration office at regular intervals.

Those who were considered “undeserving for protection” because of reasons such as having committed war crimes, crimes against peace or humanity, serious non-political crimes or acts contrary to the purposes and principles of the UN, are placed under this category.

The UK Border Agency would ensure that such persons do not avoid being returned to their home country where they would be held to account for their acts.

Excluding the former LTTE militants from the Geneva Convention provisions for Prisoners of War, but at the same time deploying the paradigm ‘war crimes of both sides’ in a one-sided way targeting only the Tamil militants, the UK Border Agency through its new policy has started detaining one party of the war and handing it over to the other, as a priority.

In June last year, the British Deputy High Commissioner in Colombo, Mark Gooding, accompanied by the war crimes accused Sinhala Army occupying the Tamil country, visited a group of ‘reintegrated ex-combatants’ of the LTTE kept in a SL military ‘rehabilitation’ centre at Thellippazhai in Jaffna. No civil officials went with him.

On the occasion of his visit, the British diplomat announced his government’s contribution of 500, 000 pounds (approximately SLR 90 million) towards the “reintegration of rehabilitated ex-combatants in the north,” a British High Commission press release said on 13 June 2011.

The money from UK’s Conflict Pool, to be spent for the SL military handling of the ex-LTTE combatants, was routed through International Organization for Migration, which was of questionable local credibility.

In the so-called rehabilitation centres, the ex-combatants including females are kept without access to even their parents.

There are widespread allegations of sexual abuse, torture, forced labour and ‘recruitment’ of ex LTTE members to paramilitary activities by the SL Army in the facilities.

On Tuesday The Amnesty International in a new report has raised the issue of Sri Lanka’s detainees.

“Former detainees have been harassed and rearrested, and physically attacked. Killings and enforced disappearances of newly released detainees have also been reported," Amnesty said in the report.

But the British being adamant over handing the ex-combatants to genocidal Colombo through some pretext of circumvention is increasingly evident in their treatment of many recent cases.

While praying at the Kachcha-theevu church fete early this month, Tamil Nadu’s Fr. Michael who delivered the sermon said the sons of the soil should be released, they should be honoured and they should lead their lives as heroes (Maaveerar).

But even the New Delhi Establishment either hands over the ex-combatants to Colombo, or keeps them under virtual detention or supervision.

One’s ‘terrorist’ is another’s freedom fighter, just as a genocidal military for one people is ‘patriotic’ to another.

Eezham Tamils don’t want their freedom fighters becoming asylum seekers. They don’t want to see those who sacrificed their youthful part of the life for the sake of the nation languishing in the hands of those who committed the predominant part of the crimes, even after the truth being increasingly evident to the world.

Eezham Tamils also don’t want to see their freedom fighters getting humiliated, collectively treated as criminals, insinuated to denounce their noble conviction and handed over to their adversaries, whether in the UK or elsewhere, while the genocidal adversaries are treated as legal and professional.

The due space and opportunity to lead the life of self respect for those thousands and thousands who were involved in the struggle of Eezham Tamils could come only when the Eezham Tamils get their sovereignty.

As the former colonial power that appended the sovereignty of Eezham Tamils with that of the Sinhalese in creating Ceylon, the UK has a special responsibility in working for the restoration of the sovereignty of Eezham Tamils, if it doesn’t want to see the asylum seekers. But it is despicable to see the UK in pursuit of shortcuts collaborating with genocidal Colombo in handling the cases of former Tamil combatants, civil activists in the island said.

The civil activists urged the international human rights organisations to rise above states in scrutinizing the injustice meted out to former Tamil combatants not only in the island but also in the other countries. They also urged the organisations to work for a sound international justice mechanism for the combatants of nations without state.

Chronology:

16.03.12 HR organisations urged to attend plight of ex-mili..

14.03.12 Detention without trial, Amnesty blasts Sri Lanka'..

Related Articles:
13.06.11 UK routeing ex-LTTE ‘reintegration’ through SL Army raises c..

சனி, 21 ஜனவரி, 2012

Rejected asylum seeker kills herself and her child in Norway

[TamilNet, Thursday, 19 January 2012, 23:14 GMT]
A 24-year-old Eezham Tamil asylum seeker has set fire to herself and her 20-month-old baby child Tuesday at an asylum camp in western Norway. The Norwegian newspaper Bergens Tidende reported Thursday that the mother succumbed to her injuries the same day and the son on Wednesday after doctors fought to save their lives. The future was very bleak for the victim, who was living in Norway since 2006 undergoing a lot of suffering. One week before her death, her 18-year-old sister was found dead in Jaffna.

The news of the mysterious death of her sister, which is believed to be a killing, and the recent rejection of her asylum case by the Norwegian immigration authorities have caused the tragic event, according to fellow asylum seekers who attended a memorial service on Thursday.

Kurdish asylum seekers Shahab Shamloo and Tayyeh Hoshyav who took part in a memorial service blamed the Norwegian immigration policy as having caused the deaths, according to BT.no.

The findings by the Norwegian Police so far suggest that the woman had set fire to herself and her child, news reports said.

The woman lived alone with her child in the apartment.

Kristine Aarre Hånes, the lawyer who represented the 24-year-old woman, has told NRK that the victim was very close to her younger sister whom she lost a week ago.

External Links:

NRK:		Familien forstår ikkje politiet sin konklusjon på dødsbrannen
BT:		Dødsbrannen var påsett
BT:		- Ein tragedie at slikt skal skje

சனி, 1 அக்டோபர், 2011

UK Appeal Court stays deportation order of Tamil asylum seekers

2ND LEAD (Adds details)

UK Appeal Court stays deportation order of Tamil asylum seekers

[TamilNet, Thursday, 29 September 2011, 03:54 GMT]
An unknown number of Tamils, rumoured to be close to 50, who were to have been on today’s flight and who had appealed for judicial review of their cases have had their High Court removal orders overturned in the Court of Appeal Wednesday, Channel-4 reported. An appeal court judge had overturned one Tamil woman’s removal orders on the grounds that the UK Border Agency had breached British and European law by disclosing potentially sensitive information on the individual to the Sri Lankan authorities, thus placing her at greater risk upon her return, the report added. However, Friday's edition of a Sri Lanka daily said that 50 deported asylum seekers arrived from UK. The true facts behind the conflicting stories is expected to emerge during the day.

News on stay of deportation
Courtesy: Channel-4

The Appeal court said in ordering the stay of removal: "It is reasonably arguable that there has been breach of the prohibition of section 13(3) of the Immigration and Asylum Act 1999 and the UK's Charter Obligations in giving information about the "failed asylum status' of the applicant which may reasonably form the basis of an application for a judicial review," the report said.

Section 13(3) of the relevant UK Act states, "In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum."

Channel 4 report further said:

Since the end of a brutal civil war in Sri Lanka in May 2009, human rights groups have repeatedly highlighted serious concerns over the safety of members of the island’s Tamil minority.

Human Rights Watch, Amnesty International and the British-based charity Freedom from Torture cite continued credible evidence of physical abuse, disappearances, rape and detention without trial.

"The position of the present government is untenable. We have documented evidence that torture is continuing in Sri Lanka,” says Keith Best, Chief Executive of Freedom from Torture (formerly known as the Medical Foundation for the Care of Victims of Torture).

“The UK is leaving itself wide open to allegations of turning a blind eye to torture by removing people in this manner,” said Mr Best. “There is no evidence that the British government is attempting to monitor what happens to them on their return."

Official documents obtained by Channel 4 News indicate that Flight PV030 was scheduled to depart for Sri Lanka with “up to 50 returnees” at 1500hrs on Wednesday 28th September. The documents reveal that passengers would comprise a mixture of failed asyslum-seekers, foreign national prisoners and other immigration offenders.

Related Articles:
26.09.11 UK plans bulk deportation of Eezham Tamil asylum seekers

External Links:

Guardian:		UK not monitoring safety of Tamils deported to Sri Lanka
DNA:		UK stops deportation of Tamils to Sri Lanka over fears of torture
channel4:		Last minute court order halts Sri Lanka deportation
Guardian:		Torture charity calls on UK to halt deportation flight to Sri Lanka