News
Detention of terror suspects, justice for Easter Sunday victims and arrest of web journalists on agenda
HRCSL Chairman Dr. Jagath Balasuriya addressing civil society representatives (pic courtesy HRCSL)
HRCSL-civil society powwow
By Shamindra Ferdinando
A civil society group has raised the issue of the detention of persons arrested during the conflict and post-war period in terms of the Prevention of Terrorism Act (PTA) with the newly constituted Human Rights Commission of Sri Lanka (HRCSL). Sri Lanka brought the war to a successful conclusion in May 2009.
Most of the suspects had fought for the LTTE and some had engaged in clandestine terror missions in the South, including political assassinations, former Justice Minister Dr. Wijeyadasa Rajapakse, MP said. During his tenure as the Justice Minister, he insisted that there were no political prisoners or secret detention camps in the country. SLPP MP Rajapakse yesterday (22) emphasised that the current situation in the country couldn’t be compared with what was under the yahapalana administration. The change of government in Nov 2019 had completely changed the situation, the MP said.
The discussion at the HRCSL office took place on June 8 on the invitation of Dr. Jagath Balasuriya, Chairperson, HRCSL.
Appreciating an opportunity received by the civil society to make representations, Dr. Jehan Perera, Executive Director of the National Peace Council told The Island several issues, including the imprisonment of persons under the PTA and difficulties in obtaining bail for them, torture, the killing of persons in police custody, arrest of web journalists, the abuse of the ICCPR (International Covenant on Civil and Political Rights) Act, which provides for arrest without bail, surveillance of civil society groups and the exploitation of Free Trade Zone workers during the pandemic. The issue of arrests made in the wake of the Easter Sunday attacks was also raised.
Dr. Perera underscored the importance of a dialogue between the civil society and the HRCSL though they might not be agreeing on many contentious issues.
The first meeting between the HRCSL and the civil society took place after the Samagi Jana Balavegaya (SJB) questioned the rationale behind the appointment of former Cabinet Minister Balasuriya as the HRCSL Chairperson. Would Balasuriya, whose son Tharaka represented the SLPP in Parliament be able to genuinely address human rights issues, asked SJB lawmaker Mujibur Rahman. President Gotabaya Rajapaksa, in late Dec 2020, appointed the HRCSL comprising Jagath Balasuriya, Dr. M. H. Nimal Karunasiri, Dr. Vijitha Nanayakkara, Ms. Anusuya Shanmuganathan and H. K. Navaratne Weraduwa.
Dr. Deepika Udagama served as the previous head of the HRCSL.
Dr. Perera said that they had received an assurance from the HRCSL that the issues raised by the civil society had been taken up with the government. He quoted HRCSL members as having said that they expected a positive response from the government.
Dr. Perera said that during the discussion, the HRCSL had referred to reforming of the PTA and the issues raised by families of missing persons and persons suffering from prolonged periods of detention without recourse to judicial processes. “They also explained how they had set about strengthening the administration of the HRCSL such as clearing the backlog of cases and empowering officials who had been given acting appointments and making them permanent,” Dr. Perera said.
In his brief address to the gathering, Dr. Balasuriya assured that the HRCSL would act independently though being appointed by the President. Appealing to those present to trust the HRCSL, Dr. Balasuriya assured the civil society they would use their positions to protect and uphold human rights in the country.
Pointing out that the civil society had a positive engagement with the HRCSL, Dr. Perera said that the recent Court of Appeal decision in the Shani Abeysekera case had given them confidence that the HRCSL would act in a similar spirit to uphold the truth, the rule of law and human rights for the good of the country and all its people.
Dr. Perera said that the HRCSL intended to conduct separate meetings with small groups of activists due to the continuing threat posed by the raging Covid-19 epidemic. The second meeting scheduled for yesterday (22) was postponed.
The HRCSL has begun meeting civil society organisations.
Nihal Chandrasiri, Director – Research & Monitoring (Actg.), HRCSL said that talks with national level groups had been initiated as they could not hold the planned two-day national workshop with the participation of the representatives of regional and national-level civil society organisations in May 2021.
Those present at the June 8 meeting were Dr. Jehan Perera (National Peace Council), Attorney-at-law Lakshan Dias and Philip Dissanayake (Right to Life Human Rights Centre), Chamila Thushari (Dabindu Collective), Prabodha Rathnayake (Rights Now), Ms. Ranitha Gnanarajah (Centre for Human Rights & Development), and Rev. Fr. Mahendra Gunatilleke (Caritas Sri Lanka – SEDEC).
The HRCSL was represented by Dr. Jagath Balasuriya, Commissioners Harsha Nawaratne, Anusuya Shanmuganathan, Nimal Karunasiri, Mrs. Hema Dharmawardena – Additional Secretary, HRCSL, Nihal Chandrasiri, Director – Research & Monitoring (Actg.), Mrs. Menaka Herath – Director- Education & Special Programmes, HRCSL, and Ms. Sulari Liyanagama, Director – Inquiries & Investigations (Actg.).
The Island could not clarify matters relating to the actual number of people held under PTA according to information available with the HRCSL as its spokesperson Nihal Chandrasiri did not answer his phone.
Rev. Fr. Mahendra Gunatilleke, in his presentation, raised the issues pertaining to the 2019 Easter Sunday attacks. The Church representative pointed out the inordinate delay in bringing those responsible for heinous crimes before justice. The Rev Father expressed concerns over the situation against the backdrop of the Catholic Church pressuring the government to take punitive measures and implement the Presidential Commission of Inquiry report on the Easter Sunday carnage.
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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