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BASL slams police brutality, custodial deaths

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The Bar Association of Sri Lanka (BASL) condemned the Police Department for extra judicial actions, including deaths, following a recent police assault that necessitated the surgical removal of one of the victim’s testicles.

In a statement issued by its President Kaushalya Nawaratne, PC, and its Secretary Chathura Galhena, the BASL said that the incident was particularly alarming and raised the chilling spectre of a descent into a police state.

The text of the statement:

“The BASL expresses its utmost outrage and horror at the recent reports emerging in the media regarding the assault of a young man allegedly perpetrated by officers of the Medawachchiya Police Traffic Division, necessitating the surgical removal of one of the young man’s testicles at the Anuradhapura Teaching Hospital on Tuesday, the 9th of April.

“The BASL vehemently condemns any use of brutality by police officers carrying out their official duties.

“Such reprehensible acts not only contravene the fundamental principles of justice and human rights but also violate international instruments such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Furthermore, we underscore the obligations enshrined in the International Covenant on Civil and Political Rights (ICCPR), which unequivocally prohibits torture or any form of cruel, inhuman, or degrading treatment or punishment. Such actions also stand in stark violation of Article 11 of our Constitution, which too guarantees freedom from torture or cruel, inhuman, or degrading treatment or punishment.

“The BASL is also deeply concerned about custodial deaths with the cause for such deaths being attributed to dubious circumstances including the purported attempts of detainees to escape, necessitating officers having to discharge their fire arms.

“The BASL has consistently condemned these and similar acts by law enforcement officials, recognizing them as egregious breaches of the rule of law. This recent incident is particularly alarming, raising the chilling specter of a descent into a police state. The people of Sri Lanka have a fundamental right to live free from fear of violence from those entrusted with their protection. The Constitution guarantees them this right, and the BASL will not tolerate its erosion.

“The BASL will be closely monitoring this case and urges the authorities to take all necessary legal measures to ensure such heinous acts are not repeated. We recall the judgment of the Supreme Court in Sudath Silva v. Kodituwakku reported in [1987] 2 Sri LR 119, which clearly states that every citizen, regardless of background, is entitled to the full protection of the Constitution. To quote Atukorale J: “Every person in this country, be he a criminal or not, is entitled to this right to the fullest content of its guarantee. Constitutional safeguards are generally directed against the State and its organs. The police force being an organ of the State is enjoined by the Constitution to secure and advance this right and not to deny, abridge or restrict the same in any manner and under any circumstances. Just as much as this right is enjoyed by every member of the police force, so is he prohibited from denying the same to others, irrespective of their standing, their beliefs or antecedents.”

“The BASL urges swift and transparent action in this case. The perpetrators must be held accountable to the fullest extent of the law. We remain steadfast in our commitment to upholding the rule of law and defending the rights and dignity of all citizens of Sri Lanka.”



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AgriConnect Sri Lanka’ to be launched on 30 October to Modernise the Agricultural Sector Through Digitalisation

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A discussion on the official launch of the ‘AgriConnect Sri Lanka’ programme was held at the Presidential Secretariat on Tuesday  (13) morning between Secretary to the President Dr. Nandika Sanath Kumanayake and a delegation led by Gevorg Sargsyan, World Bank Group Manager for Sri Lanka and the Maldives.

The discussion focused on the official launch of the ‘AgriConnect Sri Lanka’ programme, scheduled to take place on 30 October at TRACE Expert City.

The World Bank delegation provided a comprehensive briefing on the programme and emphasised that Sri Lanka is set to become the first country in South Asia to join this global initiative of the World Bank Group, marking a significant milestone.

Victor Anthonypillai, Senior Country Officer of the International Finance Corporation (IFC), Tomas Ricardo Rosada Villamar Practice Manager at the World Bank, Felipe F. Dizon, Senior Economist and Athula Senaratne, Senior Agriculture Specialist, also attended the meeting. The Presidential Secretariat was represented by Senior Assistant Secretary to the President Dr Danushka Perera and Assistant Secretary to the President R. A. Ruwanpathirana.

President’s Media Division (PMD)

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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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