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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
Pakistan naval trio arrives at Colombo Port
In a display of naval tradition, the Sri Lanka Navy formally welcomed the Pakistan Navy Ships ‘PNS Taimur’ and ‘PNS Aslat’, alongside the submarine ‘PNS/M Hangor’, arrived at the Port of Colombo on 01 Jun 26.
The Pakistan naval units made port in Sri Lanka for a goodwill visit as well as replenishment.
The visiting naval assets are commanded by a lineup of naval officers, with Captain Niamat Saeed Khan (‘PNS Taimur’), Captain Nadir Mateen Afridi (‘PNS Aslat’), and Captain Uzair Farooq (‘PNS/M Hangor’).
During their stay in Sri Lanka, the crew members of the visiting ships and submarine are scheduled to tour several key locations across the country.
Concluding the visit, the Pakistan naval units will engage in a Passage Exercise (PASSEX) with the Sri Lanka Navy off the west coast.
News
IMF turning a blind eye to NPP corruption: Opp.
The People’s United Opposition yesterday (01) alleged that the International Monetary Fund (IMF) had turned a blind eye to serious corruption allegations against the NPP government and was going ahead with the USD 2.9 bn loan in terms of the Extended Fund Facility (EFF) programme, finalised in 2023.
Addressing the regular weekly media briefing at the Flower Road Office of former President Ranil Wickremesinghe, former Ministers Prof. G. L. Peiris and Patali Champika Ranawaka questioned the failure on the part of the IMF to act in spite of the NPP government engaging in open corrupt practices, contrary to the terms and conditions of the agreement/understanding with the lending agency.
The media was told that the IMF couldn’t absolve itself of the responsibility for the actions of the government, especially because Sri Lanka, experiencing severe economic difficulties, was receiving loans from IMF at over 8%. Ex-parliamentarian Ranawaka pointed out that what Sri Lanka received from the IMF was not JAICA-type soft loans and the country was further burdened.
Prof. Peiris and Ranawaka alleged that the IMF appeared to have chosen not to take up the serious and growing accusations, particularly over coal and fuel scams that caused massive losses. They claimed the government had taken decisions at the expense of the country but for the benefit of certain businessmen close to them.
Both Prof. Peiris and Ranawaka explained the circumstances under which certain persons and companies received privileged status to import very costly vehicles and even helicopters and aircraft as the government
wasted precious foreign reserves for the benefit of friends. Ranawaka named two companies that benefited from government actions while alleging that those engaged in lucrative coal and fuel business made a killing.
They pointed out that the IMF released the latest USD 695 mn amidst stepped up serious allegations against the government. (SF)
News
Shavendra tells Beijing meet Sri Lanka should not become an arena for geopolitical rivalry among major powers
Former Commander of Sri Lanka Army with possibly the best battlefield record, having recovered the most amount of enemy occupied territory by troops he led from the front in the Vanni theatre of operations (2007-2009), General Shavendra Silva recently discussed growing challenges faced by smaller countries, like Sri Lanka, in what he called the evolving global environment.
Stressing that responsibilities must be shared across all states, the former Commander of the Sri Lanka Army told the 5th edition of the Wanshou Dialogue on Global Security in Beijing: “Major powers bear a special responsibility to exercise strategic restraint, avoid coercive practices, uphold international law, and contribute toward global stability rather than fragmentation.
Emerging and middle powers have an increasingly important role as bridge builders promoting dialogue, cooperation, and institutional reform.
For countries such as Sri Lanka, the path forward lies in principled and balanced diplomacy.
This requires maintaining constructive relations with all nations while safeguarding sovereignty, strategic independence, and national interests.
Sri Lanka has consistently maintained that its territory should not become an arena for geopolitical rivalry or military confrontation among larger powers.
Instead, our focus remains on strengthening national resilience through economic development, institutional stability, maritime awareness, modern defence capabilities, and agile diplomacy.
Credible domestic institutions, accountable governance, and national cohesion ultimately strengthen sovereignty while reducing opportunities for external interference.”
Referring to his service as Ambassador and Deputy Permanent Representative of Sri Lanka to the UN in New York, General Silva said that his engagements at the UN and other international forums reinforced the importance of defending national interests while remaining committed to reconciliation, development, and peaceful coexistence.
The celebrated battlefield commander discussed the transformation of global security, the future direction of the international order and the responsibilities of states in this transitional era. Silva said: “Today, security threats extend far beyond conventional warfare.
Cyber threats, terrorism, disinformation, economic coercion, artificial intelligence, and the weaponisation of technology increasingly influence global stability. At the same time, climate change, pandemics, food insecurity, and economic disruptions have demonstrated how closely national security and human security are now interconnected.
For Sri Lanka, located at the centre of the Indian Ocean along one of the world’s most important maritime trade routes, these developments carry direct strategic significance. Sri Lanka’s own experience offers valuable lessons.
The defeat of the LTTE, in 2009 demonstrated the importance of decisive state action against terrorism, while also revealing how modern conflicts become internationalised through financing networks, propaganda, illicit arms flows, and external geopolitical pressures.
The post-conflict period further reinforced the importance of reconciliation, economic recovery, institutional rebuilding, and long-term national resilience.
Smaller states increasingly face pressures arising from great-power rivalry, economic dependency, and strategic competition.
Sri Lanka has, therefore, consistently sought to maintain strategic balance while safeguarding sovereignty and constructive engagement with all partners.
China has remained an important development and economic partner for Sri Lanka over many decades. The relationship, strengthened through the 1952 Rubber-Rice Pact, expanded significantly in the post-war period through cooperation in infrastructure, connectivity, logistics, energy, and economic recovery. Projects associated with the Belt and Road Initiative have contributed to Sri Lanka’s development, regional connectivity, and post-crisis resilience. China also extended support during the COVID-19 pandemic and Sri Lanka’s recent economic stabilisation efforts.
The future international order must be shaped not by confrontation or exclusive blocs, but through pragmatic cooperation, institutional reform, and balanced multilateral engagement.
International institutions, particularly the United Nations system, must evolve to better reflect contemporary geopolitical realities and the growing voice of the Global South.
Without greater inclusivity and legitimacy, multilateral institutions risk losing effectiveness in addressing increasingly complex global challenges.
Equally important is preserving a rules based maritime order grounded in international law, particularly the principles of the United Nations Convention on the Law of the Sea.
The international community must also establish clearer norms governing emerging technologies, cyber operations, artificial intelligence, autonomous weapons systems, and outer space security.
Sri Lanka’s recent economic stabilisation efforts further demonstrated that internal resilience is essential for maintaining strategic autonomy and an independent foreign policy.
It is also an opportunity to build a more inclusive, balanced, and resilient international order capable of responding to the realities of the 21st century.
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