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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
New prison regulations for monks serving jail terms soon: President’s Office
The Presidential Secretariat (PS) yesterday said that prison regulations concerning Buddhist monks serving prison sentences were expected to be adopted within the next two weeks.
The PS said: “Once they come into effect, arrangements will be made for Buddhist monks to be taken outside prison in their robes, based on the recommendation of the relevant Nikaya or chapter.”
The process to amend prison regulations was initiated on 08 October following discussions between President Anura Kumara Dissanayake and the Maha Sangha. The President called the meeting amidst controversy over producing General Secretary of Bodu Bala Sena (BBS) Ven. Galagodaaththe Gnanasara in civilian attire in court.
A special five-member Committee was in the process of studying the current regulations and standing orders under the Prisons Ordinance, the PS said.
The Committee is chaired by Prince Senadheera, Secretary to the Ministry of Buddhasasana, Religious and Cultural Affairs. Its other members are Piyumanthi Peiris, Additional Secretary to the Ministry of Justice, Wasantha Ariyaratne, Additional Secretary to the Ministry of Public Administration, R. M. G. Senaratne, Commissioner-General of Buddhist Affairs, and A.C. Gajanayake, Commissioner-General of Prisons.
The first meeting of the special Committee was held at the Presidential Secretariat on the 9th, chaired by Prince Senadheera. Attorney-at-Law Harshana Nanayakkara, Minister of Justice and National Integration, provided the necessary policy guidance for the Committee’s work.
The proposals concerning Buddhist monks would be presented to the Maha Sangha by the middle of next week to obtain their views and recommendations before their implementation, PS stated.
News
CP alleges NPP has taken the blame for illegal US sanctions on Iranian vessels
The Communist Party of Sri Lanka (CPSL) has alleged that the ruling UNP, in a ridiculous bid to whitewash illegal US sanctions on Iranian oil carriers stranded off Sri Lanka, has taken on itself the blame for refusing to supply humanitarian aid to the trapped crews of the oil tankers.
The text of the statement issued by Dr. G. Weerasinghe,
General Secretary, CPSL: “The Communist Party of Sri Lanka condemns the attempts by the USA to prevent essential supplies of food and water to the 19-20 Iranian oil tankers stranded off the coast, which are running short of food, fuel, and fresh water. It urges the Government of Sri Lanka to face up to the criminal actions of the US Government and do its duty under international humanitarian law.
On 30 September 2026, the Wall Street Journal reported that US officials had threatened Sri Lanka with sanctions if it continued supplying the tankers. These tankers (stranded about 24 km off Sri Lanka, within the Exclusive Economic Zone) which already discharged their cargoes, are empty and unable to return to Iran owing to the illegal war being waged against that country by the USA and Israel.
In response to this report, on 4 October, Foreign Minister Vijitha Herath denied that Washington put pressure on the Government of Sri Lanka which, he claimed, always abides by international maritime law. However, he clarified that the Government would enforce US sanctions.
A US Embassy spokesman had earlier stated that Washington is working with allies to cut off “illicit Iranian revenue,” warning that supplying fuel, food, or provisions to sanctioned vessels could expose companies and individuals to US sanctions, including civil or criminal penalties.
Furthermore, from 9-11 September, the US Embassy in Colombo carried out a three-day maritime sanctions compliance workshop. Officers of the Sri Lanka Navy and Coastguard, as well as officials of the Ministry of Defence, Central Bank, Ports Authority and Merchant Shipping Secretariat, participated in this workshop. The officials were warned that any services (including fuel, food, or water) rendered to US-sanctioned vessels, such as the Iranian-linked tankers stranded off Sri Lanka’s coast, could expose companies and individuals to secondary sanctions, civil penalties, or criminal liability.
In fact, it is actions of the USA which are illicit. The US-imposed unilateral and secondary sanctions violate international law, sovereign equality, and the principle of non-intervention. Furthermore, the unprovoked US-Israeli aggression against Iran itself, which had shown no belligerent intent, is illegal in international law. Participation of government officers in the workshop itself is controversial.
According to unofficial reports, Sri Lanka’s national security establishment objected to the demands made by US officials and urged the government to lodge a protest with Washington, pointing out that under UNCLOS Article 98, SOLAS 1974, and the SAR Convention 1979, Sri Lanka is obligated to assist the crews.
However, the response of the National People’s Power (NPP) regime has been to attempt to whitewash the illegal actions of the USA and to take on itself the blame for refusing to supply humanitarian aid to the trapped crews of the oil tankers.
The pusillanimous behaviour of the NPP regime rips aside any pretence that it is in any way progressive or patriotic. Together with its major constituent, the Janatha Vimukthi Peramuna (JVP), it stands exposed as the handmaiden of US President Donald Trump’s reckless, warlike and imperialist foreign policy establishment. It begs the question whether the Government has signed secret war-related deals with the USA and thereby ditched Sri Lanka’s 70-year history of non-alignment.
The Communist Party of Sri Lanka, therefore, condemns these illegal attempts by the USA to prevent Sri Lanka from carrying out its humanitarian duty. It calls upon the Government of Sri Lanka to abide by international humanitarian law, work-out suitable strategies and to supply the stranded crews with essential supplies, including food and water. It also calls upon the Government to reveal any secret deals it has entered with the USA.”
News
Ex-Tiger witness claims Ekneligoda proposed to fire missile at MR’s plane
An ex-LTTE cadre Sumathipala Suresh Kumar, alias Thavendran ‘Murali’, has told a three-member bench of the Colombo High Court, hearing the disappearance of media personality Prageeth Ekneligoda, that during the war they discussed plans to assassinate President Mahinda Rajapaksa and a group of government people. The alleged meeting took place in Habarana.
The bench consisted of A.G.U.S. N. K. Seneviratne (Chairperson), Dr. Nalin Hewawasam and Lakmali Hewawasam.Kumar said so giving evidence as the fourth witness on behalf of first, second and sixth accused in this case.
Ekneligoda disappeared on the eve of 2010 January 26 presidential election.
Kumar told court that Ekneligoda proposed to fire a missile at an aircraft carrying President Rajapaksa and other top people. There had been another person, identified as Nadan, there.
Asked by the prosecution whether he served as a leader of LTTE intelligence at the time he met Ekneligoda, Kumar said that he was a prisoner at that time. The witness claimed that he had gone with the Army and it was his first visit to that place where the meeting took place.
When the prosecution proposed that what he said was not true, Kumar denied that.
The nine accused are Army officers and men, including Lieutenant Colonel Shammi Arjun Kumararatne. The others are R.M.P.K. Rajapaksa alias Nathan, W.V. Priyantha Dilanjan Upasena alias Suresh, Seneviratne Mudiyanselage Ravindra Rupasena alias Ranji, Yapa Mudiyanselage Chaminda Kumara Abeyratne, Seneviratne Mudiyanselage Kanishka Gunaratne, Aiyasami Balasubramaniyam, Dangaha Gamaralage Tharanga Prasad Gamage and T.E.R. Peiris.
The fourth witness surrendered to the Army in May 2009 and during investigations it transpired that he was used by Military Intelligence to contact Ekneligoda in a bid to ascertain his intention during the presidential polls campaign.
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