Is The Military Above The Law?

by Apsara Fonseka

(July 18, Colombo, Sri Lanka Guardian) Yesterday, July 15 my father was supposed to be at Parliament at 9.30am for a Health Ministry advisory Committee meeting. Despite a clear order by the courts that this Colombo District MP should be allowed without any hindrance to attend Parliamentary meetings, committee meetings, group meetings and other discussions relating to Parliamentary matters – the Military Commander didn’t allow him to leave the navy head quarters where he is detained.

This is a direct and contemptuous violation of the court order by the Military Commander. It is also the second violation of this kind.

My father is under civil law and the military is not allowed to dictate such terms as these to him. They provide him security but his daily routine and his constitutional rights are all under civil regulations and civil legislature.

This just goes to show that the military, and those commanding the military deem themselves to be higher than the Sri Lankan legal system.

Are we now at a stage where, we are reverting to being subjects, surfs and slaves? Perhaps we should not even call our nation a Democratic Socialist Republic, but simply a Kingdom. For, we have no rights or freedoms anymore.

Will they now unilaterally “hang’ my father, as threatened by the Defense Secretary, even though the courts say no?

If this is happening to an elected Member of Parliament – what rights will the general people of Sri Lanka have? What rights for the minorities?

On one hand they pile case upon case on my father. On the other, they stand in blatant violation of all court orders and even go further to harass and intimidate the legislature.

What happens when a trained military equipped with weapons, thinks it does not need to follow the laws of the land?

My father believes in accountability and the fairness of the legal system (when it is free from coercion might I add) – this is why he says time and time again that he will prove his innocence in any court of law. That he can stand up to any allegation. That he will face any accuser.

The military is not anyone’s personal attendant – and the legal system is not simply a polite request.

The sooner we Sri Lankans understand this the sooner we can stop this horrible tide from drowning us all.