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Legal expert: Proposed IPO should be answerable to Parliament, not Executive
The proposed Independent Prosecutor Office (IPO) should be answerable to the Parliament, former Human Rights Commissioner Prof. Prathibha Mahanamahewa, says.
Prof. Mahanamahewa said so in answer to a query raised by The Island regarding the Justice and National Integration Minister Attorney-at-Law initiating process meant to introduce an IPO in line with United Nations Human Rights Council (UNHRC) dictates. He emphasised the proposed mechanism shouldn’t be placed under the executive under any circumstances.
The intended establishment of an IPO is in line with UNHRC 55/1 and 60/L/1 resolutions, lawyer Mahanamahewa said, adding that a similar set up had been discussed here in the ’70s. “Such mechanisms are in operation in the UK (Crown Prosecution Service), Kenya (Office of the Director of Public Prosecutions), South Africa (National Prosecuting Authority) and Jamaica (Director of Public Prosecutions).”
The Independent Prosecutor’s Office couldn’t successfully operate in isolation, Prof. Mahanamahewa said, underlining the responsibility on the powers that be to ensure wide reforms in the police department as well as in the court system. The desired objectives couldn’t be achieved unless the government was ready to go the whole hog, he noted.
Pointing out that the proposed IPO would take over some duties and responsibilities of the Attorney General, Mahanamahewa said duplication of work had to be prevented.
Declaring the setting up of IPO had been endorsed by the electorate at the presidential and parliamentary polls last year, Mahanamahewa said, urging political parties represented in parliament to take tangible measures to introduce the proposed IPO in the new Constitution that would be enacted in the future.
Claiming that if Sri Lanka failed to meet UNHRC expectations, the issue would come up again in Geneva, Prof. Mahanamahewa stressed that it had to be borne in mind that the Constitution enacted in 1978 had done away with the IPO, empowering the AG, who advised the government in respect of legal matters ,to do the prosecutions as well. He added that the UNHRC intervention must be examined taking post 1978 developments, too, into consideration. Pointing out that in September 2024 the UNHRC had proposed the establishment of IPO as a matter of urgency, he said the Cabinet of Ministers on 7 May 2025, had decided to implement what was proposed in Anura Kumara Dissanayake’s manifesto for the 2024 September presidential election.
Accordingly, in line with the proposal made by Minister Harshana Nanayakkara to appoint a Committee of Technical Experts (CTE) to examine and report on introducing new legislation for the establishment of such an office and to make recommendations to introduce necessary amendments to the laws currently in force, where found necessary, Justice Yasantha Kodagoda, PC, Judge of the Supreme Court has been named the head of that CTE.
The UNHRC has repeatedly alleged that the Attorney General has failed to prosecute those accused of war crimes. Sri Lanka brought the war to a successful conclusion in May 2009.
Prof. Mahanamahewa said that the government could consider appointing the Independent Prosecution Commission (IPC) to achieve the same objectives. IPC could be appointed by the Constitutional Council, he said, urging the government to examine the issues at hand comprehensively before proceeding. “The UNHRC expects the mechanism to be under the legislature not the executive,” the lawyer said.
“The UNHRC gave us two years to bring the project to a successful conclusion,” he said, warning all concerned to be cautious of conflict of interests involving the AG and IPO that may cause tensions. That would be detrimental to the ongoing efforts meant to restore public faith in the judicial system.
The Island also sought the opinion of former President of BASL Saliya Pieris, PC. Declaring that establishment of IPO may not be the answer to the post-war issues experienced, the PC said: Whilst there is a need to secure the independence of public prosecutions, I am a little vary about new offices being set up given the practical difficulties relating to resources and administration. Frankly in Sri Lanka establishing new State Institutions is a nightmare. What is important is to secure the independence of the prosecution arm of the State so that it does not act on the whims and fancies of the government of the day.”
by Shamindra Ferdinando
News
Navy Commander attends Trans-Regional Seapower Symposium in Italy
The Commander of the Sri Lanka Navy, Vice Admiral Damian Fernando attended the 15th edition of Trans-Regional Seapower Symposium, organised by the Italian Navy in Venice in Italy, on 6 and 7 October 2026.
The symposium was held at the Italian Navy‟s historic Arsenal in Venice under the theme “From Regional Waters to Global Influence: Generating Effects Across the Midland Seas of the World”.
Organised biennially by the Italian Navy since 1996, the symposium brings together heads of foreign navies, naval representatives, academics, industry representatives and scientific researchers to discuss maritime security and the role of regional maritime dynamics in shaping the global balance.
The sessions of the symposium aimed to present an analysis of the relevance and influence of regional dynamics on global balances and their relative implications within the maritime domain.
Thus, topics discussed included; ‘Geopolitical Background: Global and Regional Dynamics in Comparison,’ ‘Pivotal Role of Cooperation among Regional Alliances as Security Providers,’
‘Maritime Regional Security Complexes, Global Order and Sea-Based Flows – What Role for Navies?,’ ‘New Arctic Chessboard: Seapower, Resources and the Race for Connectivity,’ ‘Future-
Proof Capabilities: A Naval Force Designed to Operate Across Oceans, Act Within Regions and Deliver Effects on the Ground,’ ‘Future Seas: Industrial Scale, Decisive Mass and Innovation –
Securing the Maritime Domain’ and ‘Future-Proof Leadership: Preparing Maritime Commanders and Sailors for Complexity,’
Cooperation fostered through symposiums of this nature, which bring together a multitude of global maritime stakeholders, will enable the Sri Lanka Navy to respond collectively to maritime
challenges, in pursuit of maintaining a safe, secure, prosperous and a stable ocean region.
Latest News
Heavy showers about (100-150) mm are likely at some places in the Central, Sabaragamuwa, Uva and Southern provinces
WEATHER FORECAST FOR 13 October 2026
Issued at 2.00 p.m. on 12 October 2026 by the Department of Meteorology
A low-pressure area may form over the southeastern Bay of Bengal by 13 October.
Under the influence of this system, an increase in rainfall is expected over the island and the deep and shallow sea areas around the island during the next few days from tomorrow (13).
The general public, as well as the naval and fishing communities, are requested to be attentive to the future forecasts and bulletins issued by the Department of Meteorology in this regard.
Heavy showers about (100-150) mm are likely at some places in the Central, Sabaragamuwa, Uva and Southern provinces.
Fairly heavy showers above 75 mm are likely at some places in the other areas of the island. Showers or thundershowers will occur in most parts of the island.
The general public is kindly requested to take adequate precautions to minimize damage caused by temporary localized strong winds and lightning during thundershowers.
Misty conditions can be expected at some places in the Sabaragamuwa, Central and Uva provinces during the early hours of the morning.
News
Elephant enrichment programme centred on the Thabbowa Reservoir proves successful
As part of the new government’s initiative to formulate scientifically grounded, long-term solutions to the human-elephant conflict, a programme aimed at sustainably fulfilling the natural food and water requirements of wild elephants within forest ecosystems is being successfully implemented.
Spearheaded by the Ministers of Environment, guided by the Secretary to the Ministry of Environment, and supported by all affiliated institutions, this initiative transforms tanks (reservoirs) and forest tracts in high-conflict areas into enriched zones for wild elephants.
To facilitate this forest enrichment drive, 113 forests have already been declared protected reserves under the Vanaspathi National Programme. The initial phase of establishing tank enrichment zones was launched around the Kala Wewa and Thabbowa reservoirs.
Accordingly, the Ministry of Environment and ‘Clean Sri Lanka’ jointly carried out an initiative to develop these reservoir
catchments into designated enrichment zones.
A year ago, an operation to eradicate invasive plant species that posed a severe environmental threat to the Thabbowa reservoir precinct was conducted with the comprehensive labour and
technical support of government officials, environmental scientists, the tri-forces, and residents.
Since the new government’s policy of “A Sustainable Biosphere, An Evergreen Life” is practically implemented at the ground level, officials from the Department of Wildlife Conservation and the Department of Forest Conservation have been continuously monitoring the ongoing progress and
field conditions of this collaborative project under ministerial directives.
During these field reviews, it was observed that following the removal of invasive flora, the tendency of wild elephants to wander into villages searching for sustenance has notably declined; instead, they increasingly frequent the naturally regenerated grasslands along the reservoir fringes.
Having proven this ecological model’s success through trials at Thabbowa and Kala Wewa, the Ministry of Environment has finalized all necessary blueprints to swiftly replicate it across other sensitive wetland systems and reserve zones where human-elephant conflict is prevalent.
By enriching wildlife habitats, this sustainable, eco-friendly, and scientific strategy protects human lives and cultivated farmlands while securing space for wild elephants in their native habitats, continuing to show promising results across high-conflict regions.
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