News
BASL slams police brutality, custodial deaths
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.”
News
PSTA worse than PTA: FSP
The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).
FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.
He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.
Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.
He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.
The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.
Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.
Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.
“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.
He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.
“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.
Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.
He challenged the government to an open debate on the Bill.
News
Shiranthi R remanded until 13 Oct.
Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.
According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.
The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.
CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.
Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.
She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.
Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.
News
Former NSB Chairman Kariyawasam granted bail
Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.
The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.
CIABOC is continuing investigations into the alleged financial irregularities relating to the account.
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