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Persons taken into custody held in ‘undisclosed locations’

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Claiming ‘enforced disappearances’ related to Aragalaya: Ex-HRC and OMP officials file FR petitionax

Former member of the Human Rights Commission of Sri Lanka, Ambika Satkunanathan, and ex-Commissioner of the Office on Missing Persons (OMP), Mirak Raheem, have filed a Fundamental Rights Petition, pertaining to, what they called, a wave of enforced disappearances.

The respondents are Inspector General of Police, C. D. Wickremaratne, Minister of Justice, Prison Affairs and Constitutional Reforms, Wijeyadasa Rajapakse, Minister of Public Security, Tiran Alles, Army Commander, Lt. General Vikum Liyanage, Commander of the Air Force, Air Marshall S. K. Pathirana, Commander of the Navy, Vice Admiral Nishantha Ulugetenne, the Human Rights Commission of Sri Lanka, the Office on Missing Persons, and the Attorney General.

The petitioners have challenged what they term the arbitrary, capricious, irrational and ultra vires actions of the Police and the military in creating an administrative/executive practice, of arresting individuals, and temporarily keeping them in secret detention, contrary to the Constitution, the rule of law, and accepted international human rights norms.

The petitioners said the recent spate of arbitrary arrests, carried out by individuals, in no identifiable uniform, with protesters being taken away in vehicles that are not identifiable as belonging to the Police, and where protesters are being detained sometimes for several hours, in undisclosed locations, prior to being produced before a Magistrate. During this period, they are not allowed to inform their next of kin about their place of detention and no arrest receipt is issued to the next of kin. In other instances, unidentified individuals, in no identifiable uniforms, have conducted searches for particular individuals.

The petitioners stated that, all individuals (especially in the current context, protesters), who are arrested, must be arrested for a clearly identifiable penal offence, by officers of the Sri Lanka Police, in clearly identifiable uniforms/insignia, such arrestees’ families must immediately be notified of such arrest, and if they are present when the person is arrested, be issued an arrest receipt. That the person should be kept at police stations, be allowed access to family members and lawyers and the Human Rights Commission of Sri Lanka, and produced before a Magistrate with sufficient provision being made for such arrestees to obtain legal representation.

The petitioners alleged a violation of their fundamental rights guaranteed under Article 10, 11, 12(1), 12(2), 13(1),13(2), 13(3), 13(4), 13(5), 14(1)(a), 14(1)(b) and 14(1)(c) of the Constitution. They state that the continued tacit permission of the State of arbitrary arrests and secret detentions of adversely impacts on the Rule of Law and the Sovereignty of the People and is contrary to Articles 3 & 4(d) of the Constitution.

The petitioners request the Court to grant interim orders preventing the Respondents, and any other officer serving under them and their agents, from carrying out any arrest and detention, contrary to the Constitution and the Law, including the International Convention For The Protection of All Persons From Enforced Disappearance Act No. 5 of 2018. They further request a direction to the IGP, and any other officer serving under them and their agents, to take all measures necessary to ensure the safety of any witnesses to any arrest and/or secret detention.

The petitioners also requested the Court to direct the IGP to formulate guidelines to ensure that arbitrary arrest and secret detentions do not occur. Additionally, the petitioners request the Court to make appropriate orders for measures to be taken by the National Authority for the Protection of Victims of Crime and Witnesses to assess and provide all appropriate assistance, compensation and support for recovery and restitution of all individuals (and in the current context especially protesters) arrested and detained in a manner contrary to the Constitution and the Law, including the International Convention For The Protection Of All Persons From Enforced Disappearance Act No. 5 of 2018.

Application will be supported by Saliya Pieris, Pulasthi Hewamanna, Harini Jaywardena and Fadhila Fairoze.



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CIABOC tells court Kapila gave Rs 60 mn to MR and Rs. 20 mn to Priyankara

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USD 2.3 billion Airbus deal

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) yesterday told the Colombo Magistrate’s Court that former SriLankan Airlines CEO Kapila Chandrasena had admitted delivering a total of Rs. 60 million in three instalments of Rs. 20 million each to the then President Mahinda Rajapaksa, and Rs. 20 million to Aviation Minister Priyankara Jayaratne. The funds were allegedly linked to the controversial Airbus aircraft deal.

Chandrasena, who was arrested on March 12 over bribery allegations connected to the deal, was further remanded until April 2 by Colombo Chief Magistrate Asanga S. Bodaragama. He was produced before court yesterday by prison officials.

Investigators say Chandrasena is accused of accepting a US$2 million bribe in the transaction and conspiring to secure a total of US$16 million. They also allege that €1.45 million was transferred to a bank account in Singapore.

Prosecutors told court that Chandrasena had created a shell company in Brunei in his wife’s name to channel the kickbacks into its Singapore account.

The case stems from a 2013 agreement in which SriLankan Airlines purchased 10 aircraft valued at US$2.3 billion. Court proceedings are ongoing.The court fixed the date for March 24 to consider evidence with regard to issue warrants for Priyanka Neomali Wijearatne and Shamindra Rajapaksa.

By AJA Abeynayake

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Opposition moves no-faith motion against Energy Minister Kumara Jayakody

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Kumara Jayakody

Opposition lawmakers yesterday handed over a no-confidence motion against Energy Minister Kumara Jayakody to Speaker Dr Jagath Wickramaratne over alleged irregularities in coal procurement, etc.

Chief Opposition Whip MP Gayantha Karunathilaka submitted the motion to the Speaker yesterday morning. It has been signed by Opposition Leader Sajith Premadasa, members of the SJB, and several other Opposition representatives.

The motion accuses the Minister of failing to fulfil his primary responsibility of ensuring the procurement of adequate and high-quality coal for the Lakvijaya Coal Power Plant at Norochcholai. It states that such negligence in managing a critical national energy asset amounts to a serious breach of ministerial responsibility.

It further notes that the Minister has been formally charged before the Colombo High Court by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) under Section 70 of the Bribery Act. The charge relates to an alleged act of corruption during his tenure as Procurement Manager of the Ceylon Fertiliser Company Limited.

The Opposition maintains that the combination of administrative failures and pending legal proceedings undermines the Minister’s ability to hold office, warranting a vote of no confidence.

By Saman Indrajith

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NJC takes up cudgels on behalf of Sallay, who played pivotal role in combating terrorism 

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The National Joint Committee (NJC) has raised concerns over the arrest and detention of retired Major General Suresh Sallay, calling for due process and caution in handling sensitive national security matters.

Issuing a statement signed by Dr Anula Wijesundera, the NJC has said the former senior military officer served the country for decades in the armed forces and intelligence services during critical periods of the conflict against terrorism.

While acknowledging that all citizens are subject to the law, the Committee has stressed that due process, fairness and respect for institutions tasked with safeguarding national security must be upheld.

Full text of the statement: The National Joint Committee (NJC) expresses deep concern regarding the recent arrest and detention of Retired Major General Suresh Sallay under a detention order.

Major General Sallay served Sri Lanka for decades in the armed forces and in the intelligence services during some of the most challenging periods of our country’s struggle against terrorism.

While all citizens are subject to the rule of law, the NJC believes that due process, fairness, and respect for the institutions that safeguard national security must be upheld at all times.

Particularly troubling are reports that sensitive intelligence-related details, including references to intelligence structures and personnel, are being publicly discussed in ways that could compromise operational security. The exposure of intelligence methodologies or personnel in the public domain can place lives at risk and weaken the effectiveness of national security institutions.

Sri Lanka has already experienced the grave consequences of such actions in the past. The Millennium City incident in 2002 led to the exposure of intelligence operatives who had been working against terrorist networks. Following the disclosure of their identities, many of those officers became targets of retaliation by the LTTE, resulting in the tragic loss of numerous lives and the dismantling of critical intelligence networks at a time when the nation most needed them.

It is therefore imperative that lessons from that painful episode are not forgotten.

It is also important to recall that prior investigations and public records confirm that intelligence warnings regarding potential attacks were received in Sri Lanka before 21 April 2019. The tragic loss of life that followed was therefore not the result of an absence of intelligence, but rather the failure of responsible authorities to act effectively upon those warnings in time to prevent the attacks. The numerous Commissions and Committees have identified these individuals and recommended action against them.

Equally relevant to the current public discussion is the factual record that Major General Suresh Sallay was neither serving as the Head of the State Intelligence Service nor present in Sri Lanka at the time when the attacks took place.

The NJC urges all authorities involved in the present investigation to ensure that the legal process is conducted with the utmost professionalism, transparency, and responsibility, while safeguarding sensitive national security information.

At a time when Sri Lanka continues to face evolving security challenges, the morale and integrity of the armed forces and intelligence services must be protected. Public confidence in these institutions is essential to the safety and stability of the nation.

The National Joint Committee therefore calls upon all responsible stakeholders — including investigators, public officials, media institutions, and civil society — to act with caution and responsibility so that the pursuit of justice does not inadvertently undermine the very institutions entrusted with protecting the country.

Sri Lanka’s patriots must remain vigilant to ensure that the sacrifices made by our armed forces and intelligence officers are not disregarded, and that national security institutions are not weakened in ways that could endanger the country in the future.

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