News
PTA: HRCSL takes a contrary view to that of the govt.
The Human Rights Council of Sri Lanka, in a statement issued yesterday (15) dealt with several contentious matters including the Prevention of Terrorism Act (PTA). The HRCSL emphasised that regardless of the govenment proposal to amendment the PTA, the Commission felt the PTA should be abolished completely. The HRSCL recommended that the offence of terrorism should be included in the Penal Code with a new definition for terrorism.
Full text of HRCSL statement: “The Briefing of the Diplomats on 08th, 09th, & 10th of February 2022 on the Road Map of the HRCSL for 2022 held at the Human Rights Commission Headquarters.
(1) The establishment of the National Preventive Mechanism. (NPM)
According to Sri Lanka’s accession to the Optional Protocol to the Convention against Torture & other cruel inhuman or degrading treatment or punishment (OPCAT), the government of Sri Lanka designated the HRCSL as the National Preventive Mechanism.
Hence HRCSL will implement the NPM by establishing a separate unit within the HRCSL on 15th February 2022 with the existing resources. The primary purpose is to develop a system of regular visits to prevent torture and all other degrading treatments. i.e. detention centres, prisons etc. which includes all those in involuntary incarceration.
(2) The repeal of the Prevention of Terrorism Act. (PTA)
Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA.
The Commission believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. It is explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear thereof to further a political-ideological or religious cause. The Commission advocates that terrorism should be investigated under the General Law of the country with necessary amendments. The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism. The indefinite period of detention violates the Constitution. “Deprivation of liberty of a person pending investigation or trial shall not constitute punishment” (Art 13 (4)
Amendments to the Penal Code, the Code of Criminal Procedure Code. Judicature Act and the Bail Act require modifications for this purpose.
The HRCSL recommends these amendments under section 10(d) of the HRCSL, Act to be placed before a Parliamentary Select Committee
The HRCSL advocates amendments to the Human Rights Commission Act No: 21 of 1996 to address the Commission’s composition, mandate, and independence.
Human Rights Commission, by its powers granted under section 10(d) of the Human Rights Commission Act 21 of 1996, would like to bring to His Excellency’s attention the need to ensure that the Constitution of the Democratic Socialist Republic of Sri Lank is amended to guarantee greater independence and transparency in the appointment of Commissioners to the Human Rights Commission.
With the establishment of the Parliamentary Council under the 20’ amendment to the Constitution, there appears to be a lack of transparency as to the manner in which such appointments are made. To safeguard the independence of the Commission, a Constitutional amendment is necessitated.
In the alternative, recognizing the difficulty of amending the Constitution, the Commission recommends the following;
For the formulation of Regulations stipulating the criteria that should be adopted regarding appointments made in section 3 of the Human Rights Commissions Act 19 of 1996.
To publish the said criteria through a gazette notification.
The above will ensure that such appointments comply with the principles relating to the status of National Institutions (Paris Principles) adopted by General Assembly Resolutions No.48/ 134 of 20th December 193.
The Commission further believes that the definition of ‘human rights” should be extended to cover all Covenants absorbed into law.
The HRCSL shall have these amendments placed before a Parliamentary Select Committee under section 10(d) of the HRC Act.
It was explained to the Diplomats that although the Commissioners are appointed in terms of the Constitution by the President on the observation of the Parliamentary Council, the manner of removal of the Commissioners can only be done after an address and a vote in Parliament.
The powers of investigation and recommendations stipulated in the HRC Act are a complete detachment to the executive arm of the government.
Reconciliation. The HRC has established regional officers in Puttalam, Killinochchi, and Mannar to address public services to those living in the North and East and the land distribution. Many do not have any documents, and meetings with the Land Development Officer in those areas are scheduled. Intercommunity discussions were held after the Easter Bomb attack in all regions.
The Jaffna HRC, the Coordinator, is scheduled to visit the Jaffna, Mannar and Killinochchi areas to meet the civil society and report on their grievances. The Commission has directed the Coordinator to identify families of missing persons and report to the HRC headquarters. To take the matter with the Commission of Missing persons and move to arrive at a settlement. The critical aspect of the issue is to solve the whereabouts of these people.
The HRC had informed the Inspector General Police that enrollment of Tamil officers to the North and East is critical. The IG had promised to recruit Tamil officers to these areas. The HRC has called for a progress report from IG in this regard.
IG was briefed as to the rights of the detainees under the HRC Act. The particulars of each detained should be informed to the HRC immediately at the point of arrest. Any movement of that detainee from any point to another point should be reported to the Commission before the detainee is moved.
The Commission had also briefed the Police spokesman on the activities in the social media and the freedom of speech.
The HRCLS is strengthing the cooperation with the Civil Society by having a continuous meeting in person and via ZOOM.
The Regional officers are advised to have meetings with the Civil Society. From May this year, the commissioners will be travelling around the country to address the issues of Civil Society. The Commissioners will first inform the Civil societies to forward their grievances to be discussed in HRC head quartes by the participation of all the Commissioners. The Commissioners will take the solutions when the representatives of the Civil Society are met in May.
The Computer system is to be upgraded with an application to enable the complainant himself to find out the progress of his complaint.
The Commission advocates an amendment to the Presidential Pardon mentioned in Article 34(1) of the Constitution. Currently, if there is an apparent miscarriage of justice and all appeals are exhausted only remedy is a Presidential Pardon. The amendment is to confer a referral power to refer such a case for re-trial or rehearing the appeal.
The referral power to the President needs an amendment to the Constitution.
But the Supreme Court has the power through passing Regulation to rehear any appeal. The Prison Parole Board may consist of a Member of the HRC.
The HRC is designing a project to address the issues of the Plantation workers.
The Commission has identified the shortcomings in delivering public services to the rural and Plantation workers. This includes their right to clean water, proper shelter and housing and education for the children.
For this purpose, the Commission has already identified premises to establish a new office in the Nuwara-Eliya District. The Women’s Day activities sponsored by the HRC is scheduled to be held in Nuwara-Eliya.”
Latest News
Complete all projects funded under the LKR. 500 bllion allocation for Ditwah within this year – President
President Anura Kumara Dissanayake emphasised that both the political authority and public officials have a responsibility to ensure that the LKR. 500 billion allocated by the Government in response to Cyclone Ditwah is utilised effectively and efficiently for the recovery and development of the affected communities and areas. The President further stressed the need to complete all related projects before the end of this year.
The President also pointed out that the Government has already taken steps to transform the culture in which the law was selectively enforced based on power, wealth and political connections and to establish a new culture where all citizens are equally subject to the law. The President noted that certain groups are attempting to portray the creation of a law-abiding society as a major crisis, but stressed that, in building a civilised nation, it is essential to create a society in which everyone is accountable under the law.
President Anura Kumara Dissanayake made these remarks while attending the Special District Coordination Committee Meeting for Matale held on Tuesday (12) morning at the Veera Keppetipola Hall in Matale.
The President further emphasised that the law should not be regarded as an obstacle preventing public officials from properly discharging their duties. He called upon all officials to remain fully committed to rebuilding the lives of the people by working within the legal framework and ensuring that public funds are utilised in a planned, efficient and productive manner.
During the meeting, the President also conducted an extensive review of the progress of compensation payments for the loss of lives and property caused by Cyclone Ditwah, as well as the measures taken to restore housing and normalcy to affected communities.
Officials stated that the compensation allowances of LKR 25,000 and LKR 50,000 granted to families affected by Cyclone Ditwah have now been fully disbursed within the Matale District. They further noted that the student assistance allowances of LKR 15,000 and LKR 10,000 have also been fully paid.
Officials also informed the meeting that the disaster had caused complete damage to 254 houses and partial damage to 3,829 houses within the district. Compensation payments have already been completed for all houses eligible to receive assistance without a formal assessment, while assessment procedures for the remaining houses are currently underway.
Extensive discussions were also held regarding alternative solutions to issues arising from various circumstances, including the lack of land ownership, the location of properties within high-risk zones and occupation of protected reserve areas. The meeting further discussed possible amendments to the existing criteria in order to expedite these processes.
The President also reviewed the progress relating to compensation payments for lives lost due to the disaster, compensation for families relocated from high-risk areas, the provision of housing rent allowances, the issuance of National Building Research Institute (NBRI) reports, as well as the progress of housing construction and land acquisition activities.
The President emphasised the necessity of relocating all families currently residing in high-risk areas affected by Cyclone Ditwah. Highlighting the importance of formulating the necessary legal provisions in this regard, the President instructed officials to treat the resettlement of these families in safer locations as a priority matter and to expedite the process.
The President also inquired into the measures being taken to care for children who lost their parents due to the cyclone and to safeguard their future. The President instructed officials to prepare individual support programmes for each affected child and refer them to the Ministry of Women and Child Affairs.
Issues affecting the school system within the district were also discussed during the meeting. The President highlighted the importance of releasing the relevant lands and constructing school buildings in line with the plan being implemented under the Ministry of Education for the relocation and restoration of the school system.
In addition, the President reviewed the progress of the road development programme in the Matale District relating to roads damaged by Cyclone Ditwah.
Officials stated that 16, A and B grade roads and two bridges in the Matale District were damaged by the cyclone. They further noted that reconstruction work on all 16 roads and one of the bridges has now been completed, while discussions were held regarding the expedited reconstruction of the remaining Moragahakanda Bridge as a permanent structure.
The President also inquired into the progress of construction work on the Riverston Road, which is of significant importance to the tourism industry, as well as the Galewela–Matale road project, which has remained a long-standing issue. He instructed officials to expedite the completion of both projects.
The meeting also reviewed the progress of restoration work relating to roads, bridges, culverts and water projects under local government authorities in the Matale District that were damaged by the disaster.
In addition, discussions were held regarding the compensation process under the Ministry of Industry for businesses in the service sector, the tourism sector and the mining sector that suffered losses due to the disaster, as well as the challenges that have arisen in implementing the compensation programme.
The President also reviewed the measures taken to restore the agriculture and livestock sectors. He noted that the Government has placed special emphasis on promoting rural agriculture, with a focus on developing a production-driven economy.
Discussions were also held on the Matale Urban Development Plan implemented under the 2026 Budget allocations, as well as the project to relocate the Dambulla Hospital. The President stressed the importance of ensuring that these initiatives are implemented within the stipulated timeframe and that their benefits are effectively delivered to the public.
The meeting was attended by the Chairman of the Matale District Coordinating Committee and Deputy Minister of Buddhasasana, Religious and Cultural Affairs, Gamagedara Dissanayake, Co-Chairman and Governor of the Central Province, Professor Sarath Abayakon, Members of Parliament Sunil Biyanwila and Dinesh Hemantha and the Chief Secretary of the Central Province, Ajith Premasinghe, along with local government representatives. Also present were the Commissioner General of Essential Services and Chief of Staff to the President, Prabath Chandrakeerthi, Secretary to the Ministry of Defence, Air Vice Marshal Sampath Thuyacontha (Retired), Matale District Secretary, L.P. Madanayaka, senior officials from relevant departments, representatives of the security forces and other state officials.
(PMD)
News
Development projects should be carried out in line with the practical needs of the people – PM
Prime Minister Dr. Harini Amarasuriya instructed officials to implement development projects by taking into account the practical needs of the people.
The Prime Minister made these remarks at the Colombo District Planning Committee meeting held on Tuesday (12) at the Colombo District Secretariat to review the progress of development projects in the Colombo District.
During the meeting, discussions focused on a number of development projects scheduled to be implemented in 2026 and 2027, with special attention given to rural road development, alleviation of poverty, and infrastructure development.
Under the Decentralized Budget Programme, more than Rs. 195 million has been allocated for 2026, and Members of Parliament representing the district have submitted their proposals accordingly. To date, 240 project proposals have been received through Divisional Secretaries, and approval has already been granted for 126 projects valued at Rs. 127 million.
An allocation of Rs. 100 million has been made to ensure the safety of the roads in the Colombo District, with priority given to installing safety barriers and traffic signboards in hazardous locations. In addition, officials stated that plans have been prepared targeting 2027 to construct rural bridges with an allocation of Rs. 100 million and to develop 50 kilometres of roads.
A sum of Rs. 1,036 million has been allocated for the “Praja Shakthi” programme aimed at alleviation of poverty, and the Prime Minister instructed officials to complete all related projects by 30 November 2026. Further, discussions were also held regarding the development of school playgrounds with the support of the Ministry of Sports, as well as the implementation of special projects under the Ministry of Buddhasasana and Environment.
The meeting was attended by the Minister of Justice Harshana Nanayakkara, Deputy Speaker Dr. Rizvie Salih, Colombo District Coordinating Committee Chair and Member of Parliament Lakshman Nipuna Arachchi, Members of Parliament Samanmalee Gunasinghe and Asitha Niroshana, Colombo District Secretary Ginige Prasanna Janaka Kumara, along with public representatives and government officials representing the Colombo District.
[Prime Minister’s Media Division]
News
Ex-SriLankan CEO’s death: Controversy surrounds execution of bail bond
Prof. Prathibha Mahanamahewa has emphasised the need to examine the circumstances under which the court staff executed the bail bond, and the release process, in respect of the late Kapila Chandrasena, former Chief Executive Officer of SriLankan Airlines.
Chandrasena’s body was found in a house at Pedris Road, Colombo 03.
In case of any doubt regarding bail condition/s or any other matter (insufficient surety, identity issues, suspicious documents and unclear order), the Registrar had to get in touch with the relevant Magistrate, Mahanamahewa said.
Mahanamahewa was responding to The Island query regarding the acceptance of two Muslims as sureties. Had they followed the time-tested procedure, court registry/registrar staff would never have accepted sureties as blood relatives of Chandrasena, Mahanamahewa said, alleging a major defect in the execution of the bail bond.
They were arrested by police and remanded by the Colombo Magistrate’s court, till 13 May, pending further investigations.
Colombo Chief Magistrate Asanga S. Bodharagama, on 5 May, granted to Chandrasena cash bail of Rs. 500,000 and three surety bails of Rs. 10 million each. But soon after Chandrasena received bail, the court was told that two of the Rs. 10 million sureties had been produced, after payment of Rs. 15,000 each, were made to those two individuals to act as guarantors.
The bail application had been submitted by Rienzie Arsecularatne, PC, appearing on behalf of Kapila Chandrasena, when the case was earlier taken up, on 28 April.
Police also arrested an elderly person who arranged for the two persons who hadn’t even seen Chandrasena, even once, to offer themselves as sureties.
As soon as the police revealed the fraudulent manner Chandrasena obtained bail, Chief Magistrate Bodharagama issued an order to arrest and produce him before the court. This order was issued consequent to a request made by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), on the grounds that the defendant had violated bail conditions. The CIABOC wanted Chandrasena held pending the conclusion of the case.
Sources familiar with the execution of bail bond said that the moment the suspects had submitted their National Identity Cards and letters from Grama Sevakas, the court registry/registrar staff should have rejected them. In a such high-profile case, the failure on the part of the lawyers, representing Chandrasena, to check the gsureties’ relationship with Chandrasena, was another glaring shortcoming, sources said, pointing out that after having submitted bail application on 28 April, the defence team should have come prepared to put forward genuine guarantors.
The Island contacted the Bar Association of Sri Lanka for comment on the manner in which the court staff had handled bail for Chandrasena, but there was no response.
Sri Lanka’s former Ambassador to Moscow, accredited to Kiev, Udayanga Weeratunga, said that a thorough investigation should be conducted to ascertain facts about the execution of the bail bond. Asked whether he had been in touch with Chandrasena, Weeratunga said that he spent his first day at Welikada with Chandrasena and Ranjan Ramanayake in one cell. “That happened on 14 February, 2020. I was arrested when I returned to the country, from the UAE, and produced before the then Magistrate Ranga Dissanayake, the incumbent Director General of CIABOC,” Weeratunga said.
Weeratunga said that a couple of months after the change of government in 2024, the US State Department imposed a travel ban on him and Chandrasena and their families over what the US termed as significant corruption.
Weeratunga said that altogether the US designated 14 persons and, of them, two were Sri Lankan, who happened to be him and Chandrasena, accused of corruption in respect of acquisition of MiG 27s from Ukraine and the Airbus deal, during President Mahinda Rajapaksa’s tenure as the President.
SLPP sources said that Chandrasena’s demise shouldn’t prevent proper investigation on his affidavit that claimed pressure brought on him to name Mahinda Rajapaksa as a recipient of the Airbus bribe.
By Shamindra Ferdinando
-
News7 days agoMIT expert warns of catastrophic consequences of USD 2.5 mn Treasury heist
-
News4 days agoLanka Port City officials to meet investors in Dubai
-
Editorial7 days agoClean Sri Lanka and dirty politics
-
News18 hours agoEx-SriLankan CEO’s death: Controversy surrounds execution of bail bond
-
Editorial6 days agoThe Vijay factor
-
News5 days agoSLPP expresses concern over death of former SriLankan CEO
-
News5 days agoPolice inform Fort Magistrate’s Court of finding ex-CEO of SriLankan dead under suspicious circumstances
-
Features6 days agoPalm leaf manuscripts of Sri Lanka – 1
