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HRW says minorities, activists targeted in SL; actions contradict pledges of legal reform

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Human Rights Watch in its World Report 2022 released on Thursday charged that the Sri Lankan Government in 2021 suppressed minority communities, harassed activists, and undermined democratic institutions.

It alleged that the Government of President Gotabaya Rajapaksa failed to carry out legal reforms promised to its international partners and blocked accountability for grave violations, including past war crimes.

“President Gotabaya Rajapaksa seems determined to reverse past rights improvements and protect those implicated in serious abuses,” said Human Rights Watch South Asia Director Meenakshi Ganguly. “While promising reforms and justice to deflate international criticism, his administration has stepped up suppression of minority communities.”

In the 752-page World Report 2022, its 32nd edition, Human Rights Watch reviews human rights practices in nearly 100 countries. Executive Director Kenneth Roth challenges the conventional wisdom that autocracy is ascendant.

In country after country, large numbers of people have recently taken to the streets, even at the risk of being arrested or shot, showing that the appeal of democracy remains strong. Meanwhile, autocrats are finding it more difficult to manipulate elections in their favour. Still, he says, democratic leaders must do a better job of meeting national and global challenges and of making sure that democracy delivers on its promised dividends.

The Rajapaksa Government has disregarded its own pledges of reform and continued to target minority Tamils and Muslims. The Government uses the Prevention of Terrorism Act, the country’s long-abused counterterrorism law, and policies that threaten religious freedom and minority land rights.

In March 2021 the United Nations Human Rights Council mandated the Office of the UN High Commissioner for Human Rights to collect and prepare evidence of grave crimes committed in Sri Lanka for use in future prosecutions.

But a resolution before the Sri Lankan parliament would drop human rights investigations begun under the previous administration. Additionally, the Rajapaksa Government’s appointment of people with poor rights records to independent bodies, including the Human Rights Commission of Sri Lanka and the Office of Missing Persons, have undermined their credibility and independence.

Throughout the year, Sri Lankan security forces harassed and threatened human rights defenders, journalists, lawyers, and the families of victims of past abuses, and suppressed peaceful protests. Security agencies, including the Police Terrorism Investigation Division, intrusively monitored and intimidated civil society groups and interfered in their funding sources on the pretext of combatting “terrorist financing.”

In June the European Parliament passed a resolution deploring the Sri Lankan Government’s intensifying repression. The European Commission engaged in human rights talks with the Government in which it renewed pledges to reform the Prevention of Terrorism Act. An assessment of Sri Lanka’s human rights record and its eligibility for continued trading privileges that are contingent upon respect for human rights, is expected from the commission in early 2022.

The Government struggled to protect people from COVID-19 as cases surged several times throughout the year, which contributed to widespread economic distress, but a military-controlled response to the pandemic led to further serious rights violations. The police killed at least three people while purportedly enforcing COVID-19 lockdown regulations.



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United Opposition moves to halt interference with judicial independence

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By Saman Indrajith

Leaders of all Opposition parties are scheduled to meet today (23) at the Opposition Leader’s Office, on Sir Marcus Fernando Mawatha, Colombo, to discuss future action against the proposed extension of the retirement age of superior court judges, which, they describe, as growing threats to judicial independence.

The special meeting has been convened by Opposition and SJB Leader Sajith Premadasa amid escalating tensions between the government and the Opposition over issues relating to the judiciary.

According to the Opposition Leader’s Office, the meeting is intended to formulate a collective response to, what it termed, a crisis facing the judicial system, alleging that arbitrary actions by the government have posed a serious challenge to the proper functioning and independence of the judiciary.

Former President Ranil Wickremesinghe, former President Maithripala Sirisena, former Prime Minister Dinesh Gunawardena, Sri Lanka Podujana Peramuna National Organiser and MP Namal Rajapaksa, Joint Opposition Convener Prof. G.L. Peiris, and leaders and representatives of all Opposition parties, are expected to attend.

The Opposition Leader’s Office noted that the meeting will mark the first occasion on which Wickremesinghe will visit the Opposition Leader’s Office, since Premadasa assumed office as the Opposition Leader.

The development follows an urgent meeting of Opposition MPs, chaired by Premadasa, at the Opposition Leader’s Office in Parliament yesterday after the government declined to permit a parliamentary debate on matters relating to the judiciary.

Opposition sources said that at the previous Party Leaders’ Meeting, Opposition parties had requested a debate, based on democratic principles, the tripartite system of government, comprising the Legislature, Executive and Judiciary, the separation of powers, and the system of checks and balances. However, the government had not agreed to allocate time for such a discussion.

Opposition MPs argued that issues affecting judicial independence should be openly debated in Parliament and warned that preventing such discussion could undermine democratic governance and accountability.

Addressing the meeting, Premadasa said the refusal to allow a debate on judicial matters was a setback to democratic principles and discussed with MPs the parliamentary and political measures to be pursued in response.

Among those present at yesterday’s meeting were MPs Rohini Wijeratna, Chithral Fernando, V. Radhakrishnan, Chaminda Wijesiri, Gayantha Karunathilaka, J.C. Alawathuwala, Sujith Sanjaya Perera, Kavinda Jayawardana, Chathura Galappaththi, Kabir Hashim, Ravi Karunanayake, M.S.A. Wazeed, Rohana Bandara, W.H.M. Dharmasena, B. Ariyawansa, Dayasiri Jayasekara, Anuradha Jayaratne, Harsha de Silva, Rishad Bathiudeen, Rauff Hakeem, Archchuna Ramanathan, Nizam Kariapper, M.S. Uthumalebbe, Chanaka Madugoda, Suranga Ratnayake and Selvam Adaikkalanathan.

The Opposition meeting today is expected to decide on a coordinated strategy, both inside and outside Parliament, regarding the proposed extension of judges’ retirement age and broader concerns over the independence of the judiciary.

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PM labels seven Presidential Houses white elephants ; govt. to make them commercially viable

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Dr. Amarasuriya

By Saman Indrajith

Prime Minister Dr. Harini Amarasuriya yesterday told Parliament that the government was considering commercially viable uses for seven Presidential Houses across the country, while continuing to bear the cost of maintaining the properties until such plans are implemented.

Responding to a question raised by Badulla District SJB MP Chaminda Wijesiri, the Prime Minister said Sri Lanka currently has seven Presidential Houses located in Colombo, Kandy, Nuwara Eliya, Kataragama, Anuradhapura, Mahiyangana and Bentota.

She identified the properties as the President’s House on Janadhipathi Mawatha, Colombo 1 and the ones located at Hill Street, Kandy; on Kandy Road, Nuwara Eliya; Kirivehera Road, Kataragama; in Old Town, Anuradhapura; in Mahiyanganaya; and in Bentota.

Providing details of maintenance and repair expenditure incurred on the properties from 2018 to date, Dr. Amarasuriya said the Government had spent Rs. 125 million in 2018, Rs. 77.2 million in 2019, Rs. 34.7 million in 2020, Rs. 28.8 million in 2021, Rs. 25.6 million in 2022, Rs. 37.4 million in 2023, Rs. 24.4 million in 2024 and Rs. 10.5 million in 2025.

Expenditure for the first six months of 2026 amounted to Rs. 3.04 million, she said.

The Prime Minister said a committee had been appointed in terms of a Cabinet paper submitted by the Ministry of Public Administration, Provincial Councils and Local Government and a subsequent Cabinet decision to examine options for the future use of the properties.

She said the committee had already submitted its recommendations, which include converting the premises into commercially viable ventures.

According to the Prime Minister, some former Presidential residences have already been converted into courthouses, while others are expected to be used for economically productive purposes.

“The government has to spend funds to maintain Presidential palaces until they are put to economically viable use,” Dr. Amarasuriya told Parliament.

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Gen. Sallay’s writ application against arrest: PC questions validity of Moulana’s statement

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Maj. General Suresh Sallay

President’s Counsel Sanjeewa Jayawardena told the Court of Appeal that the Criminal Investigation Department (CID) had sent a team to Paris to obtain a statement from Azad Moulana, a fugitive from Sri Lankan law and seeking political asylum in Europe, regarding the 2019 Easter Sunday case, though he was a person critical of the Sri Lankan judiciary. Jayawardena, questioned how a statement given by such a person can be relied upon.

Pointing out that the recording of the statement had been done at the Sri Lankan Embassy, in Paris, Jayawardena denied Moulana’s much publicised claim that Maj. General Suresh Sallay had met a group, linked to Zahran Hashim, in Wanathawilluwa, in February 2018.

The PC stressed that Sallay had not been in Sri Lanka at the time.

The declaration was made during the hearing of a writ petition filed by Sallay, challenging his arrest and detention under the Prevention of Terrorism Act (PTA). in connection with investigations into the 2019 Easter Sunday terror attacks.

Submissions from the petitioner’s side, which continued for seven days, were concluded on Tuesday (21), before a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Priyantha Fernando.

In his submissions, Jayawardena said that Sallay, in his capacity as head of the Directorate of Military Intelligence (DMI), in 2016, had briefed the National Security Council (NSC) on the growing threat posed by the Islamic extremism and ISIS ideology in Sri Lanka but a senior member of the Council opposed the submissions.

The Counsel said the DMI had investigated a Sri Lankan national linked to ISIS, killed in an air strike in Syria. That investigation led Sallay to prepare a “concept paper” outlining measures to combat Islamic extremism and had proposed establishing a task force to address the issue.

Those recommendations had been presented to then Secretary to the Ministry of Defence K. Hettiarachchi. However, a senior member of the Security Council had expressed dissatisfaction with Sallay’s warnings regarding Islamic extremism.

The Counsel said that the matter had been referred to in evidence given before the Presidential Commission of Inquiry (PCoI), headed by Justice Janak de Silva. Mooted by former Army Commander General Crishanthe de Silva, who had indicated that the response within the Security Council had affected the progress of measures proposed by Sallay.

The Defence Counsel also asserted that Sallay had been removed from the Army Intelligence Directorate and appointed to a diplomatic posting in Malaysia, about two months later, due to political reasons.

Questioning the allegations against his client, President’s Counsel Jayawardena told court that an individual, who had raised concerns about Islamic extremism, could not be described as the mastermind behind the Easter Sunday attacks.

He questioned how the threat of extremism could be addressed if intelligence officers involved in investigating such activities were themselves being remanded.

Referring to evidence submitted before the Supreme Court, Jayawardena said former State Intelligence Service Director Nilantha Jayawardena had stated in an affidavit that he had sent a WhatsApp message regarding the planned Easter Sunday attacks to the then Senior Deputy Inspector General of Police, Ravi Seneviratne, on the evening before the attacks.

He also claimed that Ravi Seneviratne had informed the Janak de Silva Commission that the CID was aware of the extremist activities of Zahran Hashim and his followers; he asked why preventive action had been taken.

The President’s Counsel argued that Sallay’s personal background contradicted allegations that he was involved in attacks against Christian places of worship.

He told court that Major General Suresh Sallay’s mother was a Christian, that she had attended a church in Nugegoda, on the day of the Easter Sunday attacks, and that Sallay himself regularly attended St. Anthony’s Church with his mother.

Following the conclusion of the petitioner’s submissions, Deputy Solicitor General Suharshi Herath, appearing for the Attorney General, told court that preliminary objections would be raised against the petition.

The Court of Appeal directed that those objections be submitted on July 27.

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