Monday, 10 October 2011, 11:49

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-200-2011

10 October 2011

ISSUES: Assault; right to occupation; right to education; health rights; impunity; rule of law

The Asian Human Rights Commission (AHRC) is making an exceptionally Urgent Appeal following the assault on Dr. N J Nonis, the Registrar of the Sri Lanka Medical Council (SLMC) by two unknown persons on 4 October 2011. As is customary in Sri Lanka the investigations was delayed and the police have now arrested a suspect who may or may not have been involved in the assault.

There is curiosity and even dismay as to whether the tentacles of executive intervention have finally come to disturb the professional integrity of the medical profession in the country. It is feared that Dr. Nonis, as the register of the Sri Lanka Medical Council, may have made decisions that motivated the attack. This being the case an effective and impartial investigation has to be carried out promptly into this incident. The case is yet another example in a very long list of cases which indicate the failure of investigations by the Sri Lankan police due to the intervention of high ranking politicians.

Dr. N J Nonis the Registrar of the Sri Lanka Medical Council (SLMC) was assaulted on 4 October 2011 in front of his residence at No: 09/01 A, Nenon Jecab Mendis Mawatha, Idama, Moratuwa in the Colombo District. Dr. Nonis, a consultant medical doctor, formally retired from his government service presently holds the office of Registrar of the SLMC. He also acts as a private channeling consultant.

On the day of the attack when the doctor was returning home as usual he stopped his vehicle in front of his house. Then two persons came on a motor bike and stopped beside his car. One of them showed an address written on a piece of paper and pretended that he was seeking his help. However, when the doctor tried to read the paper the other man struck his on the head. Terrified, the doctor, who is an elderly gentleman, turned his head forward at which the next blow struck his neck. At the same time both men warned him of something in strong language. However, due to the shock and the pain the terrified doctor could not recall the exact wording or the meaning of the warning.

Dr. Nonis made a complaint to the Moratuwa Headquarters Police Station regarding the assault which included the registration number of the motorcycle.

Later the police stated that they had arrested a person on suspicion of the assault. According to the police the suspect is a resident of Kaludewal of Panadura. Though the police further announced that the arrested suspect is to be produced for an identification parade the progress of the investigation is not yet known. It is common when there is a possible nexus between the police and powerful politicians, and even the executive himself, that the real culprit is rarely arrested. In the cases where the actual suspect is arrested the investigation usually grinds to a halt. Often the scapegoat is extrajudicial killed when attempting to through a bomb at the arresting officers.

The nature of this assault is itself highly suspicious and deeply concerns many parties in the country. This particular attack against the registrar of the SLMC occurred, not as an isolated incident, but one of a series of high profile attacks which involve the executive and administrative matters.

Incident 1

When several of Sri Lanka’s eminent international players were accused of and found positive for doping it was found that the President’s ‘personal physician’ Eliyantha White, officially treated those players. The official qualification of the physician was questioned and it was Dr. Nonis, as the Registrar of the Sri Lanka Medical Council (SLMC) who officially stated, “We do not have any information about his qualifications nor of his having been registered in the other two medical councils in Sri Lanka – Ayurveda or Homoeopathy”.

Incident 2

The Sri Lanka Medical Council (SLMC) is the statutory body that is mandated to regulate medical education (both under-graduate and post-graduate). It is also the disciplinary body for doctors in Sri Lanka. A doctor cannot practice Western Medicine in Sri Lanka without registration with the Sri Lanka Medical Council.

Several days ago the SLMC and its president came under verbal attack by a senior politician, S B Dissanayake, the Minister of Higher Education, over the media. The reason for this was the refusal to accept the medical graduates from the South Asian Institute of Technology and Medicine (SAITM), a private medical institution as the quality and the standard of this particular institution was in doubt.

The cause for Dr. Nonis’ refusal of the degrees offered by the private medical college is due to the contravention of the Medical Ordinance. The first part of the course offered by the SAITM is done in Sri Lanka but the second part is done in Russia and degrees offered after conducting courses in two different places cannot be recognized. His observation was well founded with credible reasoning.

Incident 3

Those affected by the Examination for Registration to Practice Medicine in Sri Lanka (ERPM) the results of which were released recently are also suspected of involvement in this attack. The medical degree holders from foreign universities have to sit for this examination to qualify for registration with the SLMC. One of the aims of Dr. Nonis was to maintain international standards for the medical profession.

It is well known that the many students who have gained foreign medical degrees belong to influential families of the country. In order to register an applicant has to successfully complete the examination conducted by the SLMC under the Section 16 of the SLMC Act. The recently held examinations produced a 16% pass rate only.

Incident 4

Regarding the government’s establishment procedure of private medical colleges was heavily criticized by the Government Medical Officers Association (GMOA). Later S B Dissanayake, the Minister of Higher Education accused the president of the GMOA Dr. Anuruddha Padeniya of being unsuitable to work as a doctor. Later the accusation was withdrawn by the government.

Therefore it is not difficult to imagine that the assault on Dr. Nonis is very clear warning and comes from the very top.

It is also very clear that it is vital to preserve the integrity of the SLMC as a professional body of medical professionals for the maintenance of discipline and the smooth functioning of its regulatory and academic activities. This is something that is not being seen in many other institutions of the country due to politicisation.

The AHRC has observed the deterioration of the Sri Lankan law enforcement agencies, the police, Attorney General’s Department, and the judiciary. When the Sri Lanka Medical Council, as the regulatory body of the medical profession is no longer capable of working without interference then the independence and integrity of the medical profession will be endangered.

ADDITIONAL COMMENTS:

Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by the undermining of civilian respect for the law and encouraging impunity.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations assault by the unknown group of two persons, and the prosecution of those proven to be responsible under the criminal law of the country.

The AHRC has also written a separate letter to the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: The assault on the Registrar of the SLMC should be investigated as it endangers the integrity of the medical profession in Sri Lanka

Name of Victim: Dr. N J Nonis the Register of the Sri Lanka Medical Council (SLMC) of No: 09/01 A, Nenon Jecab Mendis Mawatha, Idama, Moratuwa in the Colombo District

Alleged perpetrators: Unknown group of two persons

Date of incident: 4 October 2011

Place of incident: Moratuwa Police Station

According to the information I have received Dr. N J Nonis the Registrar of the Sri Lanka Medical Council (SLMC) was assaulted on 4 October 2011 in front of his residence at No: 09/01 A, Nenon Jecab Mendis Mawatha, Idama, Moratuwa in the Colombo District. Dr. Nonis, a consultant medical doctor, formally retired from his government service presently holds the office of Registrar of the SLMC. He also acts as a private channeling consultant.

On the day of the attack when the doctor was returning home as usual he stopped his vehicle in front of his house. Then two persons came on a motor bike and stopped beside his car. One of them showed an address written on a piece of paper and pretended that he was seeking his help. However, when the doctor tried to read the paper the other man struck his on the head. Terrified, the doctor, who is an elderly gentleman, turned his head forward at which the next blow struck his neck. At the same time both men warned him of something in strong language. However, due to the shock and the pain the terrified doctor could not recall the exact wording or the meaning of the warning.

Dr. Nonis made a complaint to the Moratuwa Headquarters Police Station regarding the assault which included the registration number of the motorcycle.

Later the police stated that they had arrested a person on suspicion of the assault. According to the police the suspect is a resident of Kaludewal of Panadura. Though the police further announced that the arrested suspect is to be produced for an identification parade the progress of the investigation is not yet known. It is common when there is a possible nexus between the police and powerful politicians, and even the executive himself, that the real culprit is rarely arrested. In the cases where the actual suspect is arrested the investigation usually grinds to a halt. Often the scapegoat is extrajudicial killed when attempting to through a bomb at the arresting officers.

The nature of this assault is itself highly suspicious and deeply concerns many parties in the country. This particular attack against the registrar of the SLMC occurred, not as an isolated incident, but one of a series of high profile attacks which involve the executive and administrative matters.

Incident 1

When several of Sri Lanka’s eminent international players were accused of and found positive for doping it was found that the President’s ‘personal physician’ Eliyantha White, officially treated those players. The official qualification of the physician was questioned and it was Dr. Nonis, as the Registrar of the Sri Lanka Medical Council (SLMC) who officially stated, “We do not have any information about his qualifications nor of his having been registered in the other two medical councils in Sri Lanka – Ayurveda or Homoeopathy”.

Incident 2

The Sri Lanka Medical Council (SLMC) is the statutory body that is mandated to regulate medical education (both under-graduate and post-graduate). It is also the disciplinary body for doctors in Sri Lanka. A doctor cannot practice Western Medicine in Sri Lanka without registration with the Sri Lanka Medical Council.

Several days ago the SLMC and its president came under verbal attack by a senior politician, S B Dissanayake, the Minister of Higher Education, over the media. The reason for this was the refusal to accept the medical graduates from the South Asian Institute of Technology and Medicine (SAITM), a private medical institution as the quality and the standard of this particular institution was in doubt.

The cause for Dr. Nonis’ refusal of the degrees offered by the private medical college is due to the contravention of the Medical Ordinance. The first part of the course offered by the SAITM is done in Sri Lanka but the second part is done in Russia and degrees offered after conducting courses in two different places cannot be recognized. His observation was well founded with credible reasoning.

Incident 3

Those affected by the Examination for Registration to Practice Medicine in Sri Lanka (ERPM) the results of which were released recently are also suspected of involvement in this attack. The medical degree holders from foreign universities have to sit for this examination to qualify for registration with the SLMC. One of the aims of Dr. Nonis was to maintain international standards for the medical profession.

It is well known that the many students who have gained foreign medical degrees belong to influential families of the country. In order to register an applicant has to successfully complete the examination conducted by the SLMC under the Section 16 of the SLMC Act. The recently held examinations produced a 16% pass rate only.

Incident 4

Regarding the government’s establishment procedure of private medical colleges was heavily criticized by the Government Medical Officers Association (GMOA). Later S B Dissanayake, the Minister of Higher Education accused the president of the GMOA Dr. Anuruddha Padeniya of being unsuitable to work as a doctor. Later the accusation was withdrawn by the government.

Therefore it is not difficult to imagine that the assault on Dr. Nonis is very clear warning and comes from the very top.

It is also very clear that it is vital to preserve the integrity of the SLMC as a professional body of medical professionals for the maintenance of discipline and the smooth functioning of its regulatory and academic activities. This is something that is not being seen in many other institutions of the country due to politicisation.

The AHRC has observed the deterioration of the Sri Lankan law enforcement agencies, the police, Attorney General’s Department, and the judiciary. When the Sri Lanka Medical Council, as the regulatory body of the medical profession is no longer capable of working without interference then the independence and integrity of the medical profession will be endangered.

-

-

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of the assaulting the register of SLMC. Those who responsible for the deaths of these innocent people must be investigated and prosecuted and penalized.

Yours sincerely,

———————

PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon

Inspector General of Police

New Secretariat

Colombo 1

SRI LANKA

Fax: +94 11 2 440440 / 327877

E-mail: igp@police.lk

2. Ms. Eva Wanasundra

Attorney General

Attorney General’s Department

Colombo 12

SRI LANKA

Fax: +94 11 2 436421

E-mail: ag@attorneygeneral.gov.lk

3. Secretary

National Police Commission

3rd Floor, Rotunda Towers

109 Galle Road

Colombo 03

SRI LANKA

Tel: +94 11 2 395310

Fax: +94 11 2 395867

E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary

Human Rights Commission

No. 36, Kynsey Road

Colombo 8

SRI LANKA

Tel: +94 11 2 694 925 / 673 806

Fax: +94 11 2 694 924 / 696 470

E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

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