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BASL gets tough with police over latest death of suspect
The Bar Association of Sri Lanka (BASL) yesterday accused the Sri Lanka Police of being involved in an incident which has the hallmarks of an extrajudicial killing.
Commenting on the death of H. L. Lasantha alias Tinkering Lasantha on 26 November, BASL Secretary Rajeev Amarasuriya said that the incident had taken place at a time when Sri Lanka’s human rights record was under scrutiny and there were threats of consequences to the country and its economy as a result of the deteriorating human rights situation.
“On the night of 25th November 2021, Sanjaya Ariyadasa, Attorney-at-Law contacted the President of the Bar Association of Sri Lanka (BASL) to inform him that he has instructions that a client by the name of H.L. Lasantha alias Tinkering Lasantha had been apprehended by the officers of the Kalutara Divisional Criminal Investigation Bureau and that he has information that his client will be killed in custody by the police under the pretext of it happening during a shoot-out whilst being taken to show weapons,” Amarasuriya said.
After receiving this information, the President of the BASL informed what was to transpire to the Inspector General of Police via email and text message. BASL President further informed the Commissioner of the Human Rights Commission (HRCSL) in charge of Inquiries and Investigations as well as the Director Inquiries and Investigations of the Commission. As an additional measure, the President of the BASL also informed the Governor of the Northern Province Jeewan Thiyagarajah who also heads the Consortium of Humanitarian Agencies (CHA) of this information. The HRCSL and Thiyagarajah confirm that they had contacted the authorities and informed them of the complaint and requested them to intervene to ensure the safety of the suspect.
“However, on 26th November the media reported that the suspect had been shot dead while being taken to recover hidden weapons. Once again, the Sri Lanka Police is involved in an incident which has the hallmarks of an extra judicial killing. This killing comes at a time that Sri Lanka’s human rights record is under scrutiny and there are threats of consequences to the country and its economy as a result of the deteriorating human rights situation,” he said.
Given below are excerpts of the BASL statement: “The fact that not only the BASL but also the HRCSL and a senior figure from the Executive had reached out to the police to prevent a grave violation and that the killing occurred despite such interventions are matters of very grave concern. The police appear to continue to pay scant regard to previous decisions of the highest courts in the land on the need for rights of suspects to be protected whilst in the custody of the State.
“The BASL notes that previous incidents too have not been investigated properly and no action has been taken by the authorities to bring the culprits to justice leading to allegations of a climate of impunity. Such failures have resulted in the whole process of administration of justice being called into question and the loss of public confidence in its efficacy.
“Responsibility for these killings must lie not only with the persons who carried out the killings but also all those who command them and those who failed to ensure the safety and security of the suspect. The BASL calls upon the IGP to explain his failure to protect the suspect who was in police custody.
The BASL will take further steps on this matter and will keep its membership and the general public informed of the same.”
Opp. lashes out at Justice Minister for disparaging remarks about CLA
By Shamindra Ferdinando
The Joint Opposition yesterday (09) tore into Justice and National Integration Minister Harsha Nanayakkara over some disparaging remarks about the Commonwealth Lawyers Association (CLA) in Parliament on Tuesday (08).
The Convenor of the Opposition grouping, former Law Professor Peiris questioned Minister Nanayakkara’s declaration that the CLA was a private club that granted membership on payments received. Emphasising that the CLA consisted of those in the legal profession in Commonwealth countries, Prof. Peiris told the weekly media briefing at the Flower Road Office of former President Ranil Wickremesinghe that the views expressed by the organisation couldn’t be discarded under any circumstances.
Prof. Peiris dealt with Nanayakkara’s response to the CLA’S concerns about several issues, including the composition of the five-member panel of judges. “How could Minister Nanayakkara dismiss concerns raised by CLA on the basis of the paid-membership of the organisation?” Prof. Peiris asked. If membership became an issue, the government would have to reconsider Sri Lanka’s UN membership, the ex-External Affairs Minister said, pointing out that the country had to make regular payments to retain membership of other UN agencies, as well.
Prof. Peiris said that indefensible attacks on international organisations could cause irreparable damage to the country. Appreciating the CLA’s report on the Supreme Court proceedings on the 01 and 02 September, Prof. Peiris stressed the importance of what he called total transparency in the judicial process. He said that whatever the outcome of a particular legal process, it couldn’t be done behind the backs of the public.
Referring to legal processes regarding the 6th Amendment and 13th Amendment, in 1983 and 1987, respectively, Prof. Peiris said, on both occasions the then Chief Justices Neville Samarakoon and S. Sharvananda constituted benches consisting of all Supreme Court judges.
But, the incumbent CJ Preethi Padman Surasena, in spite of the majority of petitioners demanding all available 13 justices to hear the case, decided to leave out those on the seniority list from second position to fourth position.
The government got offended because the CLA pointed that out for the whole world to take notice, Prof. Peiris said. The former parliamentarian noted that the CJ hadn’t even give a reason for declining the widespread call to involve all available 13 judges. According to him, there had been instances where CJ’s appointed seven justices to hear a particular case. Prof. Peiris cited the 2018 bench of seven judges that heard the petitions against President Maithripala Sirisena over the dissolution of Parliament and a panel constituted in 2023 to hear the 2019 Easter Sunday carnage that claimed the lives of 270 people.
The issue at hand is that the five-member panel of judges hadn’t been selected on the basis of seniority, Prof. Peiris said, once the SC determination was sent and released through the Speaker, they would meticulously examine that to make their position known to the people. Prof. Peiris said that what they really wanted to know was that if seniority hadn’t been the basis for selection what the criterion was.
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Sri Lanka reiterates its territory won’t be used against India
The Indian Defence Ministry in a statement issued yesterday (09) quoted President Anura Kumara Dissanayake as having assured visiting Defence Minister Rajnath Singh that Sri Lanka would never allow its territory to be used for activities inimical to India’s security interests.
The text of the Indian press release: “Visiting Indian Defence Minister Rajnath Singh called on President Anura Kumara Dissanayake in Colombo on September 09, 2026. The two leaders held substantive discussions on issues covering the entire spectrum of the multi-faceted partnership between the two nations, characterised by traditionally warm relations and mutual trust.
The two sides reaffirmed that as civilisational twins, close neighbours and maritime partners, India and Sri Lanka would continue to work together for their development and welfare of the people while working jointly to ensure the safety, security, peace and prosperity of the region. The senior Indian Minister conveyed greetings on behalf of Prime Minister Narendra Modi and underlined that the citizens of the two countries share deep friendship based on strong historical & civilisational links and people-to-people exchanges.
Extending a warm welcome to Mr. Singh, President Dissanayake recalled his interactions with PM Modi and reiterated that Sri Lanka would never allow its territory to be used for any activities inimical to India’s security interests.
President Dissanayake expressed his gratitude for the relief assistance provided by India as part of Operation Sagar Bandhu during Cyclone Ditwah and the comprehensive rehabilitation package extended by New Delhi to facilitate reconstruction and rehabilitation work across different parts of the island. The powerful Indian Defence Minister emphasised that as a closest friend and neighbour of Sri Lanka, India considered it not a favour, but a responsibility to provide assistance as the first responder and would continue to do so in the future as well.
Both leaders virtually inaugurated three Bailey Bridges constructed by the Indian Defence Forces. The two sides also exchanged MoUs on upgradation of L70 Guns for the Sri Lankan Air Force, and cooperation between National Cadet Corps (NCC) & National Defence Colleges (NDC) of both the countries. The MoU on Upgradation of six L70 guns for the Sri Lankan Air Force falls under a Government of India grant. The upgradation of these air defence guns will significantly strengthen the air defence architecture of critical assets in Sri Lanka. These air defence guns were earlier provided to the Sri Lanka Air Force by India.
The MoU on academic cooperation between NDC, India and NDC, Sri Lanka will facilitate knowledge sharing which will be a significant step in further strengthening the academic bonds between both the sister institutes. The MoU on NCC cooperation will formalise the NCC youth exchange programme between India and Sri Lanka. This exchange programme provides a valuable opportunity for NCC cadets from multiple countries across the world to come to New Delhi every year and participate in NCC events.”
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UK-led Core Group calls Jaffna mass graves a ‘stark reminder’ but stops short of calling for international accountability
Mass grave excavations in Sri Lanka are a stark reminder that thousands of cases of enforced disappearance remain unresolved, the Sri Lanka Core Group has told the UN Human Rights Council, urging Colombo to translate its stated commitment to reform into concrete progress, while again stopping short of calling for the international accountability that Tamils have long demanded.
The statement, delivered in Geneva, on Tuesday (08), during the Council’s 63rd session by the United Kingdom’s Human Rights Ambassador Eleanor Sanders on behalf of Canada, Malawi, Montenegro, North Macedonia and the UK, welcomed, what it called, the High Commissioner’s balanced assessment of the human rights situation on the island.
The group acknowledged that Sri Lanka had faced considerable challenges recently, including severe weather events and global energy shocks, and welcomed positive developments, including the ratification of the ILO Convention 190 and engagement on the Convention on the Rights of Persons with Disabilities.
“However, much further action is needed to build confidence in accountability and reconciliation efforts,” Sanders said. “Progress in several emblematic cases has not yet been accompanied by a comprehensive,
victim-centred accountability process to address past violations. Mass grave excavations are a stark reminder that thousands of cases of enforced disappearances remain unresolved. And reports of intimidation, harassment, and restrictions affecting civil society, journalists and victims’ groups, including in the North and East, still raise concerns.”
The group urged progress on democratic governance, including advancing legal and institutional reforms, resolving land-related issues, ensuring respect for human rights in detention institutions and strengthening independent institutions.
The statement follows a familiar pattern. In June, the group acknowledged “developments in certain mass grave investigations” and urged that excavations meet international standards, and in March it called for the repeal of the Prevention of Terrorism Act. At the 58th session it welcomed a series of measures Tamils regarded as superficial. Neither this statement, nor its predecessors, names Chemmani, calls for international oversight of the excavation, or addresses the demand for a referral to the International Criminal Court.
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