Some incomprehensible lapses in Easter Attack Commission Report

By Kalyananda Tiranagama

(Continued from yesterday)

Links of Zahran group with Muslim Politicians in the country

The country expected the PCoI to inquire into and find out the links the Zahran group had with Muslim political leaders like Rishard Bathiudeen, Azaad Salley, Hisbullah and Rauf Hakeem, whose conduct was subject to much discussion through the media and recommend how to deal with them. However, the PCoI has failed to make any definite findings and recommendations against any one of them.

In Chapter 22 of the Report titled Contributory Factors dealing with the activities of individuals resulting in aiding and abetting or causing racial and religious disturbances, the role of individual persons has been discussed and findings and recommendations made: i. Rishad Bathiiudeen; ii. his brother Riaj Bathiudeen; iii. Mohommadu Shibly Farouk; iv. Hisbullah; v. Abdul Razik; vi. Galagodaththe Ganasara Thera.

Out of all the persons whose activities are discussed, Galagodaththe Ganasara Thero was identified as the person who is mainly responsible and most severely to be dealt with. No such recommendation is made against any of the Muslim leaders.

i. Rishad Bathiudeen

There were lot of suspicious circumstances suggesting the involvement of Rishard Bathiuddeen with Zahran and other extremist Muslim groups. Not only among the general public of the country, but also among political circles there was much suspicion about Rishard’s involvement, about his contribution to the extremist forces. That is why several political leaders and Buddhist priests made complaints to the CID against him. That is why the Opposition Members of Parliament brought a no-confidence motion in Parliament against him for his removal from the Cabinet. Following the commencement of the fast unto death by Rathana Thero demanding his arrest, due to the resignation of all Muslim Ministers belonging to different political parties from the Cabinet with a view to protecting him, no-confidence motion could not be proceeded with.

The following are some of the allegations made against Rishard in the no-confidence motion on which he had been questioned by the Parliamentary Select Committee: i. Having links with Zahran’s terrorist group; ii. The treasurer of his Party Alaudeen is a terrorist involved in the attacks; iii. His links with Mohomed Ibrahim, the father of two suicide bombers; iv. He knew the suicide bomber, having attended his wedding; v. His support to Ibrahim’s import export business activities; vi. The Industrial Development Board under his Ministry issuing unusually high amount of scrap metal used for making explosives to Colossus (Pvt) Ltd belonging to the suicide bomber Inshaf at a discount not given to others; vii. The two suicide bombers Inshaf and Ilham, sons of Mohomed Ibrahim, being the major source of financial support for Zahran; viii. A Pradesiya Sabha Member of his Party, one of his Coordinating Secretaries, arrested at Mannar with some detonators; ix. A house belonging to his sister at Wattala leased out to suicide bombers x. Repeatedly making inquiries about a terrorist arrested at Dehiwala from the DIG, Army Commander and the State Minister of Defence Ruwan Wijewardane xi. Visiting the arrested terrorist’s house at Dehiwala; xii, Ignoring the information given by Turkish Embassy about 50 trained terrorists present in Sri Lanka; xiii. Terrorists using vehicles belonging to Sathosa under his Ministry for their transport.

The Report does not mention anything about inquiries conducted on most of these allegations. It mentions only about two matters: i. Inquiries made from Army Commander about Ihsan Meinudeen – a terrorist suspect, arrested by the Army ; For that the COI has recommended the AG to consider instituting criminal action under any suitable PC provision. No criminal action can be instituted for making inquiries about a person in custody, though the COI has recommended.

ii. Chairman of the Industrial Development Board under Rishard had issued unusually high amount of scrap metal to Colossus (Pvt) Ltd belonging to the suicide bomber Inshaf, who is related to Bathiudeen, at a discount not given to others causing a loss of Rs. 4.6 million to the State. Inshaf and Ilham were the major financiers of Zahran – P. 334 Zahran has given Rs. 500,000 received from Ilham to wife of Mufeez to obtain bail for suspects in the Mawanella incident. The only recommendation is that this matter to be referred to the Bribery and Corruption Commission.

 It is strange that the COI did not probe whether this resulted in facilitating terrorist attacks with financial support and material that can be used for the preparation of explosives used in the Easter Attack;

ii. Riaj Bathiudeen

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Riaj is a brother of Minister Rishard Bathiuddeen; He is a member of the Minister’s staff; He had close contacts with Inshaf, one of the biggest funders of Zahran; His connection with sale of scrap metal and in irregularities committed therein. – P. 335 The COI recommends that these matters to be referred to the Police to conduct necessary investigations.

 Malcolm Cardinal Ranjith has stated that the April attacks were carried out by those who wanted to strengthen their political power.

 Are not these suspicious circumstances sufficient in identifying the real culprits responsible for the Easter attack?

iii. M. Mohammadu Shibly Farouk

Shibly Farouk is a Member of the Eastern Provincial Council elected from the Batticaloa District in 2012 and functioned until 2017. He got to know Zahran and Rilwan around 2015 and had a close association with Zahran and his group. Shibly helped Zahran to get loudspeaker permits from the Police for his meetings. Farouk had visited the hospital with Rauff Hakeem to see Rilwan after he received injuries. Zahran and the NTJ received the political patronage of Farouk at least till March 2017. No finding or recommendation against Farouk.

Azath Sally

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The Report mentions about Sally’s involvement in the investigations into the Mawanella incident as well as the release of two suspects Nafrith and Navith arrested at Wanathawilluwa. – P. 118 Nafrith and Navith are brothers-in-law of Mufeez, the suspect arrested at Wanathawilluwa with explosives and a note written in English with instructions on making bombs; Salley admitted his involvement in making representations for the release of the two suspects Nafrith and Navith.

Salley had contacted Thassim Moulavi, a cousin of Abdul Latheef, father of Jameel Mohomed who died at the Tropical Inn, Dehiwala and inquired about Mawanella incident. With information received from Maulawi Salley had immediately called IGP Pujitha Jayasundara and Defence Secretary, Hemasiri Fernando and requested for a meeting, which was granted. Salley informed that Moulavi would surrender the two brothers, the main suspects in the Mawanella incident during the day, but that did not take place. These interventions had the effect of hampering independent police investigations. – P. 122 – 123. It was to Mufeez’s wife that Zaharan had sent Rs. 500,000 received from Ilham for obtaining bail for Mawanella suspects.

All these show that Sally had close links with the main suspects involved in the Mawanella and Wanathawilluwa incidents and that he tried to get them released. However no inquiries / no investigations conducted by the COI on Salley’s connections with terrorists and no recommendation made against Sally. The only recommendation made is the introduction of a penal offence criminalising any intervention by a Member of Parliament, Provincial Council or local authority into police investigations and about terrorist suspects in custody or detention. – P. 124. Though Sally is in custody at present, that is not on any recommendation made by the COI.

iv. M.L.A.M. Hisbullah

Hisbullah has played a prominent role in the Arabization of Kattankuddy. In his view Wahhabis manner of practicing Islam is the proper way. At times he has spoken of violent extremist actions. Among his associates are people like Adam Lebbe Mohammadu Mumthaz, Thowheed follower and supporter of the IS ideology and Dr. Zakir Naik, extremist preacher and owner of Peace TV, who is banned in India and Bangladesh. The COI finds that the acions of Hisbullah facilitated the spread of extremism within Kattankuddy. – P. 342-343

However no penal action recommended against Hisbullah.

v. Abdul Razik

Abdul Razik was the Secretary of Sri Lanka Thowheed Jamaath since 2005; In May 2014 he equated triple gem of Buddhists to three gem stones and went on to say that Lord Buddha consumed human flesh. An Action was filed by Police in M. C. Colombo case B7467/1/14 in respect of this statement, but no charges filed yet even after seven years, File was sent to AG three years back. In 2017 in a speech at Dehiwala he stated that IS is Islam; He openly speaks against Buddhism being given the foremost place in the Constitution; He was instrumental in converting Sara to Islam. He chose Hasthun to marry Sara and provided Mahr; Led a demonstration in Colombo advocating implementation of Sharia law. Only recommendation: AG to consider expeditiously whether criminal charges can be filed against him. – P. 429

 But the COI has not recommended any criminal action against him under the ICCPR Act as against Gnanasara Thero.

vi. Galagodaaththe Gnanasara Thera

Findings and recommendations against Gnanasara Thera: Bodu Bala Sena to be proscribed as its actions are a threat to religious harmony. His utterances and actions contributed in part to radicalisation of Muslim youth. AG to consider instituting criminal action against him under the ICCPR Act for his speeches made at Aluthgama in June 1914 and on Feb. 17, 2013 at Maharagama.

 When charged under the ICCPR Act he cannot get bail and is liable to be punished with a heavy jail sentence.

– S. 3 (3) A person found guilty of committing an offence under this Act, shall on conviction by the High Court, be punished with rigorous imprisonment for a term not exceeding ten years.

– An offence under this Act shall be non-bailable, and no person suspected or accused of such an offence shall be enlarged on bail, except by the High Court in exceptional Circumstances.

 No recommendation is made against any other person to be indicted under the ICCPR Act. One cannot understand why only Gnanasara Thera was selected to be dealt with under this harsh provision of law.

Incomplete Findings and Lack of Recommendations on some material issues

As shown below it appears from the Report that the Commission has not been able to conduct full inquiry and make due recommendations on several matters which are of vital and practical importance.

1. Persons having links with dangerous foreign terrorists

Yusuf al-Qardawi – is a devoted member of Muslim Brotherhood of Egypt, committed to the doctrine of suicide bombing- P.52, a person banned from entering the UK in 2008 and France in 2012 – p. 53; Egyptian Embassy in Colombo has issued a press release on 15. 06. 2020 identifying al-Qardawi as a fountainhead of the banned terrorist Muslim Brotherhood, fanning religious hatred and promoting a cult of violence. He is a person stripped of Egyptian citizenship and sentenced to life imprisonment by Egyptian Court. – p. 54

The COI has received a photograph of al-Qardawi taken on 28. 04. 2013 along with three Sri Lankans – Inamullah; Naimullah, former Member of Central Provincial Council and N.M. Ameen, President of the Muslim Council of Sri Lanka.

 No findings made against them due to time constraints, but recommends that an investigation be conducted into their association with al-Qardawi. P. 54

2. Officially Promoting Terrorism through Education

Quotes from Yusuf al-Qardawi are contained in Islam Tamil Civilization Teachers Guide Grade 12 at P. 79; Islam Sinhala Teachers Guide Grade 13 at P. 44, 63, 109 and 123; Books written by him are recommended for further reading in Islam Sinhala Teachers Guide Grade 12 at p. 72. – p. 54

Islam Sinhala / Tamil Teachers Guide Grade 12 / 13 contained recommended reading material written by several extremists – Abul Ala Maududi; Qyyim Al Jawziyya; Mohommed al-Ghazali, a member of the Muslim Brotherhood; Rachi al-Ghannaouchi, of the Muslim Brotherhood – a terrorist organization banned in Egypt;

Their teachings – Islam cannot be fulfilled without the power of govt and that govt. and Islam are twin brothers; their objective is not only the religion but the land and the governing power. – P. 54 – 57

 The COI has not inquired about the persons responsible for introducing these terrorist material into Teachers Guides and the impact of these material on the teachers and children;

 It has only recommended removal of these material from the books.

 One cannot understand why no recommendation has been made for the removal of these persons who introduced this terrorist material into Teachers Guides from their positions and legal action to be taken against them for promoting terrorism.

3. Promoting Wahhabisam through SLBC

The COI heard evidence of Wahhabist programmes being aired over the Sri Lanka Broadcasting Corporation over a period of time. A person who spoke against the IS and Wahhabism was later not given any air time. It was one Ahamed Munuwar who has done that at the instance of Sri Lanka Jamath Islami; Munuwar’s son is married to the sister of Jameel, the terrorist who caused the explosion at Tropical Inn, Dehiwala.

 The Report states that No findings made against Munuwar due to time constraints, but recommends that an investigation be conducted into his activities in the SLBC. – P. 58

4. Sri Lankan Diplomats concealing vital information of preparations of IS operatives for terrorist attacks

On 10. 08. 2018 Pakistan authorities have shared with the SL High Commission in Islamabad vital information of a Sri Lankan IS operative in SL who is an active member of IS online networks and was planning / in the process of preparing explosive devices from easily available chemicals. Jihad material retrieved from the suspect included material relating to preparation of bombs. Some pictures of the suspect were also handed over. This communication does not appear to have reached the SL Defence authorities – P. 76

 Pakistan Govt had provided this information in August 2018, long time before the attack and after the disclosures made by Minister of Justice Wijedasa Rajapakse in November 1916 in Parliament about 32 Sri Lankans who had links with IS terrorists in Syria.

 If this information was conveyed to the Defence Authorities in Sri Lanka they could have taken preventive steps and this failure to convey this vital information to defence authorities may have contributed to Easter Attacks.

 Who are these High Commission Officials who withheld this information from SL Govt? Are they still in the SL foreign service? Why did not they convey this information to the Govt? Are they persons having links with IS terrorists or Wahhabist groups in Sri Lanka? All these need to be probed.

 The COI has not conducted any inquiry as to this failure of the High Commission officials.

 It has only recommended that an investigation be conducted into this omission. – P. 154