News
GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
Harsha rejects what he called frivolous accusations
Chairman of Committee on Public Finance (CoPF) Dr. Harsha de Silva dismissed Free Lawyers’ claim that his Committee had helped delay a proper investigation into the theft of USD 2.5 mn (nearly Rs 1 bn) from the Treasury.
The Colombo District SJB MP said that he wouldn’t comment on frivolous accusations against his Committee. “We conduct ourselves in keeping with the highest standards of professionalism and responsibility.”
Dr. de Silva said so when The Island raised the Free Lawyers’ allegation that the Treasury and the Central Bank were using the CoPF as a tool to prolong investigations into the unprecedented theft of funds. Free Lawyers targeted the CoPF in a statement issued by Maithri Gunaratne, PC, and civil society activist Rajith Keerthi Tennakoon.
The other members of the CoPF are Harshana Rajakaruna (SJB), Ravi Karunanayake (NDF), Nimal Palihena (NPP), Wijesiri Basnayake (NPP), Thilina Samarakoon (NPP), Lakmali Hemachandra (NPP), Chathuranga Abeysinghe (NPP), Kaushalya Ariyaratne (NPP), Akram Ilyas (NPP), Shanakiyan Rajaputhiran Rasamanikkyam (ITAK), Champika Hettiarachchi (NPP), Sunil Rajapaksha (NPP),
M. K. M. Aslam (NPP), Ajith Agalakada (NPP), Rauff Hakeem (SLMC), Chitral Fernando (SJB) and Nishantha Jayaweera (NPP).
Tennakoon said the theft of funds happened over eight months ago and the Parliament owed the country a clear explanation regarding the disappearance of USD 2.5 mn. The CoPF, instead of expediting the process, has conveniently granted time for those responsible for the loss to cover up their tracks. “Free Lawyers pursue the issue at hand vigorously as we were the first to reveal the loss of USD 2.5 mn. Those who knew it remained silent until our disclosure,” he said, alleging that Speaker Dr. Jagath Wickremaratne was yet to respond to their letter regarding the USD 2.5 theft.
Responding to queries, Tennakoon said that political parties represented in the CoPF should be held responsible for the developing situation. “The Committee on Public Accounts Committee (CoPA) headed by SJB MP Kabir Hashim too, should explain its failure to deal with the USD 2.5 mn theft. Both CoPF and CoPA led by two SJB MPs should act now. Dr. de Silva and Hashim are answerable to the public, particularly because they represent the main Opposition.”
The CoPA consists of Kabir Hashim, Maj. Gen. Aruna Jayasekera (NPP), Sugath Thilakaratne (NPP), Anton Jayakody (NPP), Chandana Sooriyaarachchi (NPP), Ruwanthilaka Jayakody (NPP), Nalin Hewage (NPP), Oshani Umanga (NPP), Manjula Suraweera (NPP), Sagarika Athauda (NPP), Janaka Senarathna (NPP), K.Illankumaran (NPP), Dinidu Saman Henanayake (NPP), Susantha Kumara Navaratna (NPP), Lal Premanath (NPP), Aravinda Senarath (NPP), Thushari Jayasinghe (NPP), T. K. Jayasundera, Ajantha Gammeddage (NPP), Sundaralingam Pradeep (NPP), Kavinda Jayawardena (SJB), J.C. Alawathuwala (SJB),Hector Appuhamy (SJB), Kaveenthiran Kodeeswaran (ITAK), Chamara Sampath Dassanayake (NDF), Rohitha Abeygunawardena (NDF), M.L.A.M. Hisbullah (SLMC), M.A.M. Thahir (ACMC), Chanaka Madugoda (SLPP) and Sunil Ratnasiri (NPP).
Tennakoon said that both CoPF and CoPA were dominated by the NPP though the SJBers headed them. However, as heads of the two parliamentary committees, Dr. de Silva and Hashim, should be held responsible for lapses on the part of the committees or any deliberate omissions, Tennakoon said, questioning the rationale behind giving the Treasury and the CBSL six weeks to submit their findings to the CoPF.
Free Lawyers alleged that USD 2.5 had been released in spite of JP Morgan Chase and the Federal Reserve in the United States warning Sri Lanka about the suspicious nature of those foreign transactions via SWIFT messages. Tennakoon emphasized investigators should closely inquire into the decision taken to release funds regardless of such high-profile warnings.
Tennakoon said that the integrity of two key parliamentary committees is at stake. The civil society activist said that the country was in a highly critical phase of debt restructuring following a severe economic crisis. Tennakoon pointed out in terms of a condition of the International Monetary Fund (IMF) loan programme, the government’s debt management functions, previously carried out by the CBSL, were recently transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
by Shamindra Ferdinando
The number of patients hospitalised due to viral illnesses, including dengue fever, had increased significantly, health officials said yesterday, adding that there had been a rise in daily dengue-related admissions.
Acting Director of the National Dengue Control Unit Dr. Kapila Kannangara said Sri Lanka had recorded 41,144 dengue cases as of Saturday (13).
He said more than half of the reported cases—around 51 percent—were from the Western Province.
According to Dr. Kannangara, the number of dengue patients admitted to hospital daily had reached 750, but it had declined to around 630. However, he cautioned that infection levels remained “very high,” despite the slight drop in hospital admissions.
The dengue death toll has risen to 24, prompting several hospitals to issue red alerts amid continued pressure on wards treating incoming patients.
Health officials warned that the situation could worsen if case numbers continued to rise. Dr. Kannangara noted that the growing burden on healthcare facilities could eventually exceed system capacity.
The public has been urged to take preventive measures to eliminate mosquito breeding sites and to seek prompt medical attention if dengue symptoms develop.
by Chaminda Silva
Former President and UNP leader Ranil Wickremesinghe has warned that Sri Lanka is heading towards a severe economic crisis, alleging that the current administration is steering the country towards “total collapse.”
Addressing a meeting of the UNP Working Committee at the party headquarters on Flower Road on Thursday, Wickremesinghe claimed that the government was facing mounting difficulties on multiple fronts, with the economy continuing to deteriorate.
He also accused the administration of pursuing policies that, he said, marginalised war heroes and Buddhist monks.
Wickremesinghe expressed concern over what he described as an erosion of fundamental and legal rights, citing the arrest and alleged ill-treatment of former State Intelligence Service Chief Suresh Sallay as an example. He said the rising cost of living had emerged as one of the main concerns of the public.
Commenting on the political situation, the former President said the Opposition had not been able to forge unity among the anti-government forces and called for greater coordination among Opposition parties and groups. He advocated a phased mobilisation strategy, beginning at village and electorate level, instead of attempting to address all issues simultaneously.
Wickremesinghe also announced a series of political campaigns and rallies aimed at strengthening the Opposition movement. The programme is scheduled to commence in Kandy this weekend, with subsequent events planned in Kurunegala and Kalutara.
He said the UNP was engaged in discussions with several political parties and organisations, including those led by Minister Jeevan Thondaman, with a view to forming a broader political alliance.Wickremesinghe urged party members to expedite discussions and arrive at a collective decision on the way forward to address the country’s challenges.
Mandhana, Deepti, Ghosh star as India breeze past Pakistan
Showers will occur in the Western, Sabaragamuwa and North-western provinces and in Galle, Matara, Kandy and Nuwara-Eliya districts
Theft of USD 2.5 mn from Treasury: CoPF accused of complicity in NPP cover-up
Viral diseases on the rise
Ranil warns of another economic crisis, calls for Opposition unity
Govt. eyes multi-billion dollar green hydrogen future
‘Dates have the highest sugar content to fight Coronavirus’
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