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Lanka battles UNHRC: Geneva Chief’s comments unwarranted and pre-judgmental

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Sri Lanka strongly defended the move to do away with the 19th Amendment at the 45th Sessions of the Human Rights Council, in Geneva on Tuesday (15). Sri Lanka assured the UNHRC that the draft 20th Amendment to the Constitution submitted through the Parliament would be discussed, debated, following a complete democratic process, where all stakeholders would have the opportunity to present their views. Sri Lanka emphasized that High Commissioner’s comments on the proposed 20th Amendment were unwarranted and pre-judgmental, based on presumption.

The following is the text of statement made during the General Debate under Agenda Item 2 at the 45th Session of the UN Human Rights Council by Ms Dayani Mendis, Actg. Permanent Representative of Sri Lanka: “Sri Lanka wishes to respond to the references made by the High Commissioner for Human Rights to Sri Lanka in the ‘Global Human Rights Update’ on 14 September 2020.

As this Council is aware, since February/March this year, the entire world was challenged by the COVID-19 pandemic, a health crisis of a global scale, which had impacted many aspects of governance in many countries, and Sri Lanka was no exception.

We hope that this Council would appreciate that Sri Lanka while successfully containing the spread of COVID-19 through a balanced, multi-sectoral approach and despite this challenge, held its commitment to the democratic processes, and conducted Parliamentary elections successfully and peacefully, last month, which the EU has acknowledged.

Sri Lanka made it clear even as it withdrew from the co-sponsorship of Resolution 30/1, that it will remain committed to achieve reconciliation, accountability and human rights within the framework of the Sri Lankan Constitution, through a domestically designed and executed process in line with the Government’s policy framework. Sri Lanka would like to state further that the new Government which assumed office with the election of the new Parliament on 5 August remains committed to the assurances given before this Council in February this year.

The draft 20th Amendment to the Constitution submitted through the Parliament will be discussed, debated, following a complete democratic process, where all stakeholders will have the opportunity to present their views. Therefore, the GoSL is of the view that the High Commissioner’s comments on the proposed 20th Amendment are unwarranted and pre-judgmental, based on presumption.

The GoSL wishes to state that the pardon to the former Army sergeant was granted in terms of the powers and provisions of the Constitution of Sri Lanka.

The Government rejects the false and unsubstantiated allegations leveled against senior military officials being appointed to key positions of institutions. Sri Lanka has consistently refuted the credibility of these allegations and wishes to highlight that the domestic processes such as the LLRC and Paranagama Commissions that examined these allegations particularly with regard to the last stages of the conflict, have not found substantive evidence against any of the senior military officials referred to in this regard.

In the absence of any substantive proof, Sri Lanka considers that the continued arbitrary accusations of crimes or crimes against humanity made against these senior military officials are unacceptable and a violation of the principles of natural justice.

In conclusion, with regard to allegations of surveillance and intimidation, the Government has already publicly refuted these allegations, and is committed to protecting and promoting freedom of expression and civil society space, and ensuring that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted.

The prime focus of this Government is to ensure national security, and to uphold the rule of law and order in the country for all its citizens, with the aim of creating “an environment where any citizen can live freely without any fear for the safety of themselves and their families.”

In line with the above policy framework, the Government is committed to achieve the Sustainable Development Goals of the UN, with a determination to uplift the lives of all its citizens and ensure that there is no threat to peace, reconciliation or development in Sri Lanka.



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PSTA worse than PTA: FSP

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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.

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Shiranthi R remanded until 13 Oct.

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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.

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Former NSB Chairman Kariyawasam granted bail

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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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