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AG urged to set up new mechanism to monitor HR violations 

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Sanjay Rajaratnam pays a courtesy call on PM Mahinda Rajapaksa yesterday (1)

The newly appointed Attorney General Sanjay Rajaratnam, PC, assumes duties at a critical time with the United Nations High Commissioner for Human Rights (UN-HCHR) having got the special mandate of the 46th session of the United Nations Human Rights Council (UN-HRC) in March this year to set up a special mechanism to monitor Sri Lanka’s alleged human rights violations and alleged war crimes during the final phase of the separatist war that ended in 2009, former PA National List MP M.M. Zuhair, PC says.

Zuhair, who served the AG’s department as a State Counsel and later as Senior State Counsel at a time it was comparatively smaller, said so in response to The Island query regarding the growing challenge on the human rights front.

Zuhair has sent us the following response to our queries: “The office of the Attorney General of Sri Lanka has a 137 year history, beginning from Sir Francis Fleming on 1st January 1884. The Attorney General carries with him unique responsibilities though the world outside sees him as exercising exclusive powers. He is the principal law officer of the State, legal adviser to the President of the Republic, the Speaker of Parliament and the executive, having specific Constitutional powers, duties and functions, advocate of the supremacy of the Constitution and the rule of law, having powers to initiate criminal proceedings and present indictments, the leader of the Bar with specified rights to be heard in all courts and defender of the State in civil proceedings. He is a member of the executive but functions independently of the executive in all legal matters, subject however to the jurisdiction of the Courts in specified issues.

The report of the High Commissioner for Human Rights has drawn special attention of the UN HRC to several significant matters relating to Sri Lanka. They include inter alia ‘reversal of Constitutional safeguards’, ‘majoritarian and exclusionary rhetoric, ‘new and exacerbated human rights concerns’, ‘impunity in emblematic cases’, etc. The UN HCHR has in the report taken a further step by requesting Member States, in addition to taking steps of referral of Sri Lanka to the International Criminal Court (ICC) to actively pursue “investigations and prosecution of international crimes committed by all parties in Sri Lanka before their own national courts, including under accepted principles of extraterritorial or universal jurisdiction” (emphasis mine).

The report also points out that “Member States can also apply targeted sanctions, such as asset freezes and travel bans against State officials and other actors credibly alleged to have committed or be responsible for grave human rights violations or abuses…” The addition of the two special procedures may be due to, the referral to ICC very likely being vetoed in the Security Council!

Another critical development is that a resolution is already before the United States Congress recommending the US to explore investigations and prosecutions pursuant to the recommendations of the UN HCHR. The proposed resolution is wide enough to pursue inter alia the two courses of actions referred to earlier at the Member State level of the US government. This would also encourage other traditional allies of the US to join hands with similar Member State level approvals, without recourse to any further UN HRC approval!

So the time has come for the new Attorney General Sanjay Rajaratnam PC to set up a special high level unit in the department to handle the man-made tsunami that will very likely rattle the country on the legal and economic fronts much sooner than the HRC process.

Amongst the matters in the UN HCHR’s list are the alleged “erosion of the judiciary and key institutions responsible for the promotion and protection of human rights; … policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; … arbitrary detentions”, etc.

Another matter is the need to address the undertaking given to repeal the Prevention of Terrorism (Temporary Provisions) Act (PTA) enacted in 1979 and replace same with a new law in line with accepted human rights norms. The controversial law itself provides for a maximum detention of 18 months, whereas a large number of persons arrested under the PTA over the Mawanella Buddha statue damaging case as well as over the Easter Sunday attacks have been kept in remand for over two years, in violation of the PTA’s maximum period of one and a half years, through a process arguably violative of the human rights of the suspects.

There are many persons in remand who could have been enlarged on bail with the consent of the Attorney General and against whom the alleged material is weak and insufficient for prosecution. There are still others who ought to have been discharged because they have had nothing to do with 21/4 attacks. The PTA provides in section 19, that the bail provisions of other written laws (excluding the Bail Act as provided in the Bail Act) will not be applicable only to persons convicted under the PTA. But suspects are not granted bail by Magistrates Court, in violation of the bail provisions in the Code of Criminal Procedure Act read with section 19 of the PTA itself, with Courts insisting on AG’s consent as required by another provision in the PTA, which is in conflict with section 19.

The UN HCHR could review likely human rights violations by the alleged unreasonable refusal of the Attorney General and the Courts to consent to bail in weak cases. These are areas that must be addressed forthwith by the Attorney General’s special unit to prevent officers and their families being adversely affected by Member States’ targeted actions, particularly because indictments are delayed, largely because of incomplete investigations!

Another matter that will require the immediate attention of the new Attorney General who counts over 34 years in the department is the continuing arrests of persons with alleged links to one suicide bomber or the other without any evidence of their being party to or in any way conspired, prepared, aided and/or abetted in the 21/4 attacks. Suicide bombers may have had links with persons of all communities for years before the Easter attacks. Those numbers can run into several thousands. But they do not become suspects in the 21/4 attacks by any legal yardstick merely because they had at some point crossed the future bombers. These arrests may be perceived as illegal arrests targeting the minorities.

The 48th Attorney General will certainly address the matters that come before him from the national interest perspective and not from any minoritarian angle! My interest is limited to securing justice within the rule of law for the country and for all its people.” (SF)

 

 



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Construction of Jet A-1 Aviation fuel pipeline and new oil tank complex at Muthurajawela begins under President’s patronage

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President Anura Kumara Dissanayake said that the Government’s objective is to maintain a strong state presence in the energy market while providing an efficient service to the people, adding that significant progress has been achieved towards this objective over the past two years and that a strong energy market that does not place a burden on the people is now being built in Sri Lanka.

The President made these remarks on Friday (02) morning  while attending the commencement of construction of the Jet A-1 pipeline system of the Ceylon Petroleum Corporation (CPC) and two new oil storage tank systems belonging to the CPC and the Ceylon Petroleum Storage Terminal Limited (CPSTL).

The projects are being implemented in line with the Government’s national objective of developing infrastructure in the energy sector, with the aim of ensuring the security of aviation fuel supplies, reducing supply costs and providing the capacity required to meet future demand for aviation fuel.

A dedicated pipeline and associated tank complex are being constructed to connect Muthurajawela with the Bandaranaike International Airport in Katunayake, with the aim of meeting the future demand of the country’s aviation sector, ensuring the security of aviation fuel supplies and reducing transportation costs.

Construction has commenced on five new Jet A-1 fuel storage tanks with a total capacity of 92,000 cubic metres. These comprise two large Jet A-1 tanks, each with a capacity of 30,000 cubic metres; two medium-sized tanks, each with a capacity of 15,000 cubic metres; and an additional tank with a capacity of 2,000 cubic metres. The fuel supply pipeline system will be connected to the airport through a 21-kilometre-long underground pipeline with a diameter of 10 inches from the Muthurajawela tank complex. The project is scheduled for completion within 30 months.

Meanwhile, as part of ongoing efforts to strengthen and expand storage and infrastructure facilities in the petroleum industry, the Ceylon Petroleum Storage Terminal Limited (CPSTL) commenced construction today of three new storage tanks at the Muthurajawela Terminal.

Upon completion, the three-tank system, comprising two tanks with a capacity of 15,000 cubic metres each and one tank with a capacity of 10,000 cubic metres, will provide an additional total storage capacity of 40,000 cubic metres.

This will further enhance the petroleum storage capacity of the terminal and support the continued development of the country’s petroleum infrastructure. The project has a contractual period of 18 months and is scheduled for completion in April 2028.

The tanks are being constructed in compliance with relevant international standards and recognised industry best practices, ensuring enhanced safety, reliability and operational efficiency. The additional storage capacity will strengthen the country’s fuel reserves, improve operational flexibility and support the reliable and uninterrupted distribution of fuel products to meet the country’s growing energy requirements.

Minister of Ports and Civil Aviation and Minister of Energy Anura Karunathilaka said,

“We are now in an era of energy transition. The world is rapidly moving towards the use of clean energy. The use of electric vehicles is very important in this regard, and our country is also now moving in that direction.

The use of solar energy is also important. We expect to add 1,200 megawatts of solar power capacity to the national grid by 2029.

As a country, we must focus not only on controlling fuel prices but also on controlling fuel consumption. The public also has a major responsibility in this regard.

It is particularly important to change our patterns of energy consumption. Greater energy security can be achieved by avoiding periods of high energy demand, shifting towards electricity use and using fuel-efficient vehicles, particularly electric vehicles.”

Chairman of the Ceylon Petroleum Corporation D. J. Rajakaruna said,

“We faced a major challenge due to the war in the Middle East. However, with the intervention of the President, relief was provided to the people and the situation was managed very effectively.

As a result, while diesel prices in the global market increased by 91%, the increase in Sri Lanka was only around 39.5%. While petrol prices in the global market increased by 80%, the increase in Sri Lanka was only around 41%.

Despite providing fuel at lower prices in this manner, the Corporation has recorded a profit of Rs. 28 billion this year. We also recorded a profit of Rs. 36 billion last year.

This may raise the question of why fuel prices are not being reduced when there are such profits.

However, we have used those profits to commence a number of infrastructure development projects at the institution.

These include adding the capacity of 11 tanks, including the construction of six tanks that had previously been abandoned, to increase fuel storage capacity; modernising our oil-filling section, which is more than 90 years old, and establishing a gantry system similar to that at Muthurajawela; laying two new pipelines for unloading fuel from the port to Kolonnawa; constructing a new pipeline to transport Jet A-1 fuel to Katunayake; and upgrading the pipeline system and laying new pipelines, among many other projects.

We are implementing these projects using those profits. Therefore, we have returned the benefits to the people through these investments.”

The Minister of Science and Technology, Professor Chrishantha Abeysena; Deputy Minister of Energy, Arkam Ilyas; Member of Parliament Kumara Jayakody; Secretary to the Ministry of Energy and Senior Additional Secretary to the President, Russell Aponso; foreign ambassadors; government officials including officials of the Ministry of Energy and the Ceylon Petroleum Corporation; and representatives of Sinopec were among those present at the occasion.

President’s Media Division (PMD)

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Lanka enters new phase of prosecutions as hurdles clear

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MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

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Police warn: Court evaders face property seizure

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Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

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