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Recovery of stolen money: Parliament needs to give legal effect to UN Convention against Corruption -lawyer

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BY SHAMINDRA FERDINANDO

Senior lawyer S. A. Cader sayas that it was the responsibility of Parliament to enact legislation to enable the country to seek UN support for the recovery of stolen public assets.Cader, senior partner at Julius & Creasy emphasised the urgent need to address the issue at hand as part of the overall efforts meant to stabilise the economy.The lawyer said so responding to SLPP National List MP Prof. G. L. Peiris’ recent declaration that cash-strapped Sri Lanka should seek the intervention of the UN’s Stolen Asset Recovery Initiative (StAR) run by the World Bank Group and the United Nations Office on Drugs and Crime (UNODC).

Appreciating the former Foreign Minister’s call, Cader told The Island: “As far as we are aware, mere fact Sri Lanka being a signatory to a UN convention will not make the convention a part and parcel of the Sri Lankan Law, unless a local legislation is enacted by the Parliament to give legal effect to the said convention per se. In this case, pursuant to Parliament passing legislation, the country can look forward to the UN and the World Bank to assist it.”

The joint initiative encourages countries to implement Chapter V of the United Nations Convention against Corruption (UNCAC).Sri Lanka signed the Convention on March 15, 2004 and ratified on March 31, 2004. Attorney-at-law Cader said now that a member of parliament had publicly suggested that Sri Lanka should seek UN assistance to recover stolen assets, political parties represented in parliament should go the whole hog.

Referring to the Supreme Court judgment given on Sept. 15, 2006 pertaining to the high profile Singarasa case, lawyer Cader stressed consequently that the parliament had to provide legal effect to UN Conventions. Nallaratnam Singarasa, who had been arrested for allegedly conspiring between May 1, 1990 and Dec 31, 1991 with the LTTE to attack army camps in the North. Singarasa was arrested on charges under the Prevention on Terrorism Act (PTA).

Addressing the media early this week at SLPP rebels’ Nawala Office, Prof. Peiris said that Sri Lanka experiencing the worst ever post-independence economic crisis could utilize the StAR to nab those who had stashed away stolen funds, both here and overseas.Prof. Peiris, who served as Foreign Minister twice (2010-2015 and August 2021-April 2022), said that the assistance of the international community and local organizations, specializing in anti-corruption activities, was required as successive governments failed to take tangible measures in that regard.

The recovery of stolen assets should be a priority for the government as it was struggling to cope up with further deterioration of the economic situation, the MP said.The Island sought clarification from former top law academic Prof. Peiris, yesterday (10) as regards the responsibility of parliament to enact law here to provide legal effect to UNCAC, the academic said: “I do not think a parliamentary initiative is essential. The critical factor is political will. The entire process can be triggered by the government taking up the matter with the UN system. Prevailing public mood is very conducive to this.

Former Chairman of Committee on Public Enterprises (COPE) Prof. Charitha Herath while appreciating the push for recovery of stolen money stressed the need to expose those responsible for waste, corruption, irregularities and mismanagement over the years. The SLPP National List MP pointed out that the economy was in such a precarious state, those now exercising political power should keep in mind the pending USD 2.9 bn IMF loan facility alone couldn’t save Sri Lankan economy.

Lawmaker Herath urged political parties represented in parliament to reach consensus on how to use the Auditor General’s findings and recommendations pertaining to public sector enterprises as well as disclosures made by parliamentary watchdog committees. The academic alleged that the Parliament a few months ago blocked efforts made by the COPE during his tenure as its Chairman to secure approval for the outfit to submit reports directly to the AG.

Herath stressed that the appraisal of the Attorney General’s Department as well as that of the Commission to Investigate Allegations of Corruption (CIABOC) as regards corruption cases was of pivotal importance as both institutions had been criticized. The MP noted that the Opposition requested information pertaining to the cases withdrawn by the AG and CIABOC as well as the outcome of judicial proceedings into high profile cases. Prof. Herath said whatever the initiatives undertaken with external support, the parliament should take tangible measures to ensure the environment required for genuine anti-corruption drive.

 Responding to another query, Prof. Herath said there couldn’t be any dispute that anti-corruption efforts had failed so far though some shocking disclosures were made over the years. Actually required action hadn’t been taken on the basis of revelations made before parliamentary watchdog committees.



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Theft of USD 2.5 mn from Treasury: CoPF accused of complicity in NPP cover-up

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Harsha rejects what he called frivolous accusations

Chairman of Committee on Public Finance (CoPF) Dr. Harsha de Silva dismissed Free Lawyers’ claim that his Committee had helped delay a proper investigation into the theft of USD 2.5 mn (nearly Rs 1 bn) from the Treasury.

The Colombo District SJB MP said that he wouldn’t comment on frivolous accusations against his Committee. “We conduct ourselves in keeping with the highest standards of professionalism and responsibility.”

Dr. de Silva said so when The Island raised the Free Lawyers’ allegation that the Treasury and the Central Bank were using the CoPF as a tool to prolong investigations into the unprecedented theft of funds. Free Lawyers targeted the CoPF in a statement issued by Maithri Gunaratne, PC, and civil society activist Rajith Keerthi Tennakoon.

The other members of the CoPF are Harshana Rajakaruna (SJB), Ravi Karunanayake (NDF), Nimal Palihena (NPP), Wijesiri Basnayake (NPP), Thilina Samarakoon (NPP), Lakmali Hemachandra (NPP), Chathuranga Abeysinghe (NPP), Kaushalya Ariyaratne (NPP), Akram Ilyas (NPP), Shanakiyan Rajaputhiran Rasamanikkyam (ITAK), Champika Hettiarachchi (NPP), Sunil Rajapaksha (NPP),

M. K. M. Aslam (NPP), Ajith Agalakada (NPP), Rauff Hakeem (SLMC), Chitral Fernando (SJB) and Nishantha Jayaweera (NPP).

Tennakoon said the theft of funds happened over eight months ago and the Parliament owed the country a clear explanation regarding the disappearance of USD 2.5 mn. The CoPF, instead of expediting the process, has conveniently granted time for those responsible for the loss to cover up their tracks. “Free Lawyers pursue the issue at hand vigorously as we were the first to reveal the loss of USD 2.5 mn. Those who knew it remained silent until our disclosure,” he said, alleging that Speaker Dr. Jagath Wickremaratne was yet to respond to their letter regarding the USD 2.5 theft.

Responding to queries, Tennakoon said that political parties represented in the CoPF should be held responsible for the developing situation. “The Committee on Public Accounts Committee (CoPA) headed by SJB MP Kabir Hashim too, should explain its failure to deal with the USD 2.5 mn theft. Both CoPF and CoPA led by two SJB MPs should act now. Dr. de Silva and Hashim are answerable to the public, particularly because they represent the main Opposition.”

The CoPA consists of Kabir Hashim, Maj. Gen. Aruna Jayasekera (NPP), Sugath Thilakaratne (NPP), Anton Jayakody (NPP), Chandana Sooriyaarachchi (NPP), Ruwanthilaka Jayakody (NPP), Nalin Hewage (NPP), Oshani Umanga (NPP), Manjula Suraweera (NPP), Sagarika Athauda (NPP), Janaka Senarathna (NPP), K.Illankumaran (NPP), Dinidu Saman Henanayake (NPP), Susantha Kumara Navaratna (NPP), Lal Premanath (NPP), Aravinda Senarath (NPP), Thushari Jayasinghe (NPP), T. K. Jayasundera, Ajantha Gammeddage (NPP), Sundaralingam Pradeep (NPP), Kavinda Jayawardena (SJB), J.C. Alawathuwala (SJB),Hector Appuhamy (SJB), Kaveenthiran Kodeeswaran (ITAK), Chamara Sampath Dassanayake (NDF), Rohitha Abeygunawardena (NDF), M.L.A.M. Hisbullah (SLMC), M.A.M. Thahir (ACMC), Chanaka Madugoda (SLPP) and Sunil Ratnasiri (NPP).

Tennakoon said that both CoPF and CoPA were dominated by the NPP though the SJBers headed them. However, as heads of the two parliamentary committees, Dr. de Silva and Hashim, should be held responsible for lapses on the part of the committees or any deliberate omissions, Tennakoon said, questioning the rationale behind giving the Treasury and the CBSL six weeks to submit their findings to the CoPF.

Free Lawyers alleged that USD 2.5 had been released in spite of JP Morgan Chase and the Federal Reserve in the United States warning Sri Lanka about the suspicious nature of those foreign transactions via SWIFT messages. Tennakoon emphasized investigators should closely inquire into the decision taken to release funds regardless of such high-profile warnings.

Tennakoon said that the integrity of two key parliamentary committees is at stake. The civil society activist said that the country was in a highly critical phase of debt restructuring following a severe economic crisis. Tennakoon pointed out in terms of a condition of the International Monetary Fund (IMF) loan programme, the government’s debt management functions, previously carried out by the CBSL, were recently transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

by Shamindra Ferdinando

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Viral diseases on the rise

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The number of patients hospitalised due to viral illnesses, including dengue fever, had increased significantly, health officials said yesterday, adding that there had been a rise in daily dengue-related admissions.

Acting Director of the National Dengue Control Unit Dr. Kapila Kannangara said Sri Lanka had recorded 41,144 dengue cases as of Saturday (13).

He said more than half of the reported cases—around 51 percent—were from the Western Province.

According to Dr. Kannangara, the number of dengue patients admitted to hospital daily had reached 750, but it had declined to around 630. However, he cautioned that infection levels remained “very high,” despite the slight drop in hospital admissions.

The dengue death toll has risen to 24, prompting several hospitals to issue red alerts amid continued pressure on wards treating incoming patients.

Health officials warned that the situation could worsen if case numbers continued to rise. Dr. Kannangara noted that the growing burden on healthcare facilities could eventually exceed system capacity.

The public has been urged to take preventive measures to eliminate mosquito breeding sites and to seek prompt medical attention if dengue symptoms develop.

by Chaminda Silva

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Ranil warns of another economic crisis, calls for Opposition unity

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Former President and UNP leader Ranil Wickremesinghe has warned that Sri Lanka is heading towards a severe economic crisis, alleging that the current administration is steering the country towards “total collapse.”

Addressing a meeting of the UNP Working Committee at the party headquarters on Flower Road on Thursday, Wickremesinghe claimed that the government was facing mounting difficulties on multiple fronts, with the economy continuing to deteriorate.

He also accused the administration of pursuing policies that, he said, marginalised war heroes and Buddhist monks.

Wickremesinghe expressed concern over what he described as an erosion of fundamental and legal rights, citing the arrest and alleged ill-treatment of former State Intelligence Service Chief Suresh Sallay as an example. He said the rising cost of living had emerged as one of the main concerns of the public.

Commenting on the political situation, the former President said the Opposition had not been able to forge unity among the anti-government forces and called for greater coordination among Opposition parties and groups. He advocated a phased mobilisation strategy, beginning at village and electorate level, instead of attempting to address all issues simultaneously.

Wickremesinghe also announced a series of political campaigns and rallies aimed at strengthening the Opposition movement. The programme is scheduled to commence in Kandy this weekend, with subsequent events planned in Kurunegala and Kalutara.

He said the UNP was engaged in discussions with several political parties and organisations, including those led by Minister Jeevan Thondaman, with a view to forming a broader political alliance.Wickremesinghe urged party members to expedite discussions and arrive at a collective decision on the way forward to address the country’s challenges.

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