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Amnesty opposes authorisation of military to use force

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Anti-govt. protests:

The Sri Lankan authorities must not impose a blanket order authorising use of force during the State of Emergency that has been announced and refrain from the use of armed forces to control public protests, the Amnesty International said in response to the new order empowering armed forces to maintain law and order in Colombo.

“The recent escalation of the authorities’ response to protests by calling in the armed forces, firing at protestors and excessive use of tear gas which resulted in the death of one person yesterday is deeply worrying,” said Yamini Mishra, Amnesty International’s South Asia Regional Director.

On the morning of 13 July 2022, thousands of protestors started making their way towards the Prime Minister’s office and the Parliament in Colombo. After an angry face-off, protesters breached the gates and took over the Prime Minister’s office. Amnesty International staff present at the protest location confirmed that law enforcement officers fired volleys of teargas against people, including children and journalists some of whom were seen escaping the plumes while coughing and sputtering. Dozens of protesters were injured, and one was reported dead. At Galle Face, helicopters flew low overhead, where a rolling peaceful protest site had been established three months ago in the prolonged agitation over the economic crisis in the country. At another protest near the Parliament later the same day, more than 80 people were reported to be injured and admitted to hospital.

At 3pm the Prime Minister Ranil Wickremesinghe delivered a televised address in which he said he had ordered the military to “do whatever is necessary to restore order”. On 14 July 2022, a press release was issued by the Army announcing a warning that they will use force to restore law and order in the country.

Any blanket order authorising use of force by armed forces is problematic even during times of emergency. The armed forces should not be involved in the policing of public assemblies, since they are trained to fight against enemies and not to protect and control civilians.

Amnesty calls upon law enforcement agencies to act with restraint to avoid further serious injury and loss of life. They may only use the minimum level of force necessary force to bring a situation under control where doing so is strictly necessary and proportionate. Even in instances where some parts of a protests turn violent, law enforcement must assess the situation on a case-by-case basis with use of force only where absolutely necessary and only against those engaged in violence. It must be strictly proportionate to the situation faced by law enforcement, which means authorities must not cause more harm than they seek to avert.

“At a time when the country is facing a dire economic crisis and protests are growing in scale, authorities must make comprehensive efforts to de-escalate the situation and focus resources on ensuring people can access essential goods and services, in line with international human rights law and standards,” said Yamini Mishra.



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US$ 2.5 mn cyber heist exposes system failures

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COPF final report on USD 2.5 mn cyber fraud recommends action against all responsible

The US$2.5 million loss incurred during Sri Lanka’s foreign debt repayment to Australia was a clear case of a cybercrime and theft, Committee on Public Finance (COPF) Chairman Dr. Harsha de Silva told Parliament yesterday.

Presenting the COPF final report on the cyber fraud, Dr. de Silva said the incident amounted to a serious financial crime and called for a comprehensive investigation, by law enforcement authorities, to identify and prosecute all those responsible.

The report revealed serious governance, procedural and operational failures that enabled the fraudulent transfer of public funds, while recommending sweeping reforms to strengthen cybersecurity, financial controls and public debt management systems.

According to the report, officials of the Treasury and the Central Bank bore responsibility for governance lapses that contributed to the failures. It also highlighted the fact that the Ministry of Finance was operating an outdated Microsoft Exchange Server after security support had ended, while basic safeguards, such as multi-factor authentication, had not been implemented.

The COPF said suspicious payment instructions linked to debt repayments involving India, the United Kingdom, Germany and Belgium had also been detected, preventing further losses. However, the US$ 2.5 million fraud materialised only in the repayment transaction involving Australia.

The report has noted that officials had failed to verify lender email domains, relied on unverified email communications and lacked adequate internal controls, allowing the fraud to continue for months.

Although the investigation uncovered system-wide weaknesses across several institutions, only four mid-level Finance Ministry officials had been suspended so far, the report said.

The COPF has recommended a special audit of the foreign debt repayment process, strengthened cybersecurity measures across state institutions, updated financial regulations and improvements to public debt management systems.

by Saman Indrajith

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Opposition signs no-confidence motion against Justice Minister for dereliction of duty over Negombo Prison deaths

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Opposition and SJB leader Sajith Premadasa signing the no-confidence motion against Justice Minister Harshana Nanayakkara in the presence of Opposition MPs at the Parliamentary complex yesterday

Opposition Leader Sajith Premadasa, together with Opposition MPs, yesterday signed a No-Confidence Motion (NCM) in Parliament against Justice Minister Harshana Nanayakkara.The move comes in response to the unrest at the Negombo Prison, where both prison officers and inmates were killed.

Opposition members said the Minister had failed to fulfill his responsibility and accountability regarding their safety.According to the Opposition group, the NCM seeks to hold the Minister directly accountable for lapses in ensuring protection within the prison system.

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AG informs SC of e-visa agreement review  

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The Attorney General yesterday informed the Supreme Court that the government has decided to review the legality of agreements entered into by the previous administration to hand over the country’s electronic visa issuance operations to private companies.

Additional Solicitor General Viveka Siriwardena, appearing for the Attorney General, made the submission when the Supreme Court took up the fundamental rights petitions filed by former MPs President’s Counsel M.A. Sumanthiran, Patali Champika Ranawaka, and Rauff Hakeem, challenging the previous Cabinet’s decision to outsource the e-visa system.

The petitions were heard before a three-judge bench, comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Arjuna Obeyesekere.

The Additional Solicitor General informed court that the current Cabinet had appointed a subcommittee to examine the legality of the agreements with the private companies and requested time to report on its findings, stating that the review was still underway.

President’s Counsel Sumanthiran, appearing as one of the petitioners, told the court that although the present government had indicated its intention to cancel the transaction, the petitioners wished to proceed with the case.

He noted that members of the current Cabinet had been named as respondents in the petitions.The Supreme Court directed the petitioners to issue notice on the members of the current Cabinet, named as respondents, and fixed September 29 for further proceedings.

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