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SLCAT condemns police shooting at Rambukkana

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Sri Lanka Collective against Torture (SLCAT) in a statement issued to the media yesterday condemned the violence by the Police on 19th April 2022 at Rambukkana.

The statement said: Police officials are alleged to have used violence, including beating with batons, and firing live ammunition repeatedly at people fleeing. These actions are alleged to have caused grave injuries to civilians, agitating against government actions particularly the hike in fuel prices, and bystanders. Reports have been received of at least one confirmed death and over 12 citizens injured with two in critical condition as a result of violence by the police.

Police brutality is systemic and widespread and has become a normalized part of the maintenance of law and order in the country. SLCAT has continuously urged decision – makers to address the structural nature of this problem and to respond expeditiously and meaningfully to victims of such violence.

The government of Sri Lanka, including all officers and hierarchy of the police, are bound to adhere to the Constitution of Sri Lanka that recognizes the right of any person in Sri Lanka to be free from torture as an absolute fundamental right (Article 11). Further, the Convention against Torture Act 1994, enacted to fulfill Sri Lanka’s international obligations as a party to the UN Convention against Torture, criminalizes torture. The Sri Lankan constitution also prohibits any citizen from being punished with death or imprisonment except by order of a competent court (Article 13(4).

Despite pledges by successive governments to address the systemic nature of torture there has been hardly any substantive change to the practices of the police. This is directly linked to the failure to hold those who use violence accountable. For instance, the use of live ammunition seemingly as a first response, rather than the use of de-escalation techniques and non-violent means to diffuse tension, and the description by authorities of such action as “minimum force” demonstrates that the use of violence has become normalized. The police response that the individual who was killed had cases against him also attempts to justify and normalize violence against persons perceived as suspected criminals. Governments have also failed to demonstrate the political will necessary to acknowledge and engage in urgent institutional reform.

SLCAT calls for (a) The incidents at Rambukkana to be immediately subject to an impartial and independent investigation and all those involved in the perpetration of violence against citizens to be held accountable expeditiously, (b) The results of the investigation to be made public to ensure transparency and accountability, (c) The government to immediately apologize to the victims and their families and take responsibility for the direct and wider harms caused to its citizens, (d) The government and the IGP to immediately pledge to ensure the safety and security of the families of victims, especially ensure that they are not subject to reprisals for seeking accountability for the incident or providing information to the investigation, (e) Provision of compensation and all other facilities to secure recovery for the families of the victims and (f) The government and the IGP to take measures to ensure non-recurrence of such acts of brutality and/or use of disproportionate and lethal force against civilians.



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New Chancellor appointed to General Sir John Kotelawala Defence University

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President Anura Kumara Dissanayake has appointed Air Chief Marshal Kolitha A. Gunathilake (Retd.) as the new Chancellor of General Sir John Kotelawala Defence University.

The letter of appointment was presented to Air Chief Marshal Kolitha A. Gunathilake (Retd.) by Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat on Monday (05) afternoon.

Air Chief Marshal Kolitha A. Gunathilake(Retd.) has served as Commander of the Sri Lanka Air Force and as Chief of Defence Staff.

(PMD)

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Govt. urged to halt ‘illegal’ presidential pardons

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Ven. Gnanasara Thera reacts as prison officers escort him out of the Court of Appeal, which yesterday (05) ordered the sixyear prison sentence imposed on him in 2018 to take effect.

By Shamindra Ferdinando

The government is coming under pressure from civil society organisations to formulate a clear ‘mechanism’ to deal with requests for presidential pardons.

Representing civil society organisations, Gamini Viyangoda yesterday flayed the NPP government for the delay in taking action against Ven. Galagoda Aththe Gnanasara Thera, after the Supreme Court declared the 2019 presidential pardon granted to him by President Maithripala Sirisena null and void. He said successive Presidents had abused their executive power to release convicted persons from prison.

Purawesi Balaya activist Viyangoda pointed out that the Supreme Court ruled that President Sirisena had acted arbitrarily and failed to independently consider the relevant materials before exercising his executive power.

The Court of Appeal, in August 2018, sentenced Gnanasara Thera, General Secretary of the Bodu Bala Sena (BBS), to six years rigorous imprisonment for contempt of court over his conduct during proceedings concerning missing journalist Prageeth Ekneligoda. Viyangoda said that those who had been affected by the monk’s conduct have the right to know on what basis the President released him, in May 2019.

The Court of Appeal yesterday (05) ordered the relevant authorities to enforce the remaining period of imprisonment imposed on the Thera.

Gnanasara Thera, who had been subject to an open warrant for his arrest, was produced before the Court of Appeal, today, by prison officials.

Having considered the submissions made before it, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remaining period of the sentence imposed on Gnanasara Thera. Police on Saturday (03) apprehended the monk at a forest monastery in Kalutara. The Colombo Magistrate’s Court on Sunday (04) ordered the Thera to be remanded in custody till Monday.

Appearing for Gnanasara Thera, Attorney-at-Law Iresh Seneviratne, together with Attorney-at-Law Pasan Karunaratne, told the court yesterday that his client had been experiencing severe mental distress and had therefore gone to an ‘Aranya Senasanaya’, where he had been staying.

Viyangoda said that examination of presidential pardons, executed over the years, would reveal how successive leaders exploited the executive power to appease their own. Responding to The Island queries, Viyangoda said that Sirisena, in Sept. 2019, just two months before the presidential election, granted Jude Shramantha Jayamaha a Presidential pardon.

Jude Shramantha Jayamaha was sentenced to 12 years by the High Court, but the Court of Appeal revised that sentence to death, in July 2012, which the Supreme Court later upheld. Viyangoda said that though the Supreme Court, in June 2024, declared that the particular Presidential action was illegal and arbitrary, law enoforcement authorities were yet to take tangible measures to enforce the court directive.

Viyangoda stressed that no President should exercise the right to pardon a convicted on his or her own without following laid out procedures. According to him, Sirisena appeared to have simply ordered the monk, and the convicted murderer, released in response to appeals received by him. A comprehensive investigation could identify those who had been involved in these wrongdoings.

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GL urges cautious handling of Saudi death row case, blasts govt. over BRICS affair

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Prof. Peiris

Convenor of Janathawadi Joint Opposition, Prof. G. L. Peiris, yesterday (05) emphasised the responsibility on the part of the government and others to act cautiously when making representations in respect of Sivarasa Anojan facing death sentence in Saudi Arabia over a controversial social media post.

Addressing the media at former President Ranil Wickremesinghe’s Flower Road Office, Prof. Peiris emphasised that whatever representations should be made through the Foreign Ministry.

The one-time External Affairs Minister warned of dire consequences of political party leaders, members of Parliament and civil society making direct representations and trying to get in touch with various Saudi authorities over the phone.

Prof. Peiris said that those who intervened on behalf of Anojan should keep in mind that Sri Lanka should be mindful of the Saudi way of governance and sensitivities.

The former Minister questioned the circumstances Sri Lanka was left out of the recent BRICS summit held in New Delhi. He recalled how former President Wickremesinghe discussed Sri Lanka’s entry into BRICS with Russian President Putin and received an invitation for the Summit there but as a result of the change of government, in Sept. 2024, Sri Lanka ignored that invitation.

That resulted in Sri Lanka being left out from the New Delhi summit, Prof. Peris said.

Prof. Peiris pointed out the absurdity in sending the Foreign Secretary to the BRICS Summit in Russia instead of the President, PM or the Foreign Minister to represent the country.

Referring to the forthcoming conclusion of the current IMF programme, initiated during Wickremesinghe’s time, Prof. Peiris said that Sri Lanka lost a great opportunity to benefit from BRICS by failing to represent the country at a higher level at the Russian summit.

The BRICS nations established the New Development Bank (NDB), originally called the BRICS Development Bank, Prof. Peiris said.

Dismissing NPP government’s explanation regarding Iranian ships awaiting necessary supplies but deprived by US imposed restrictions, the former Minister strongly criticised the administration’s response. According to him, this government responded in a similar manner when the US sank an unarmed Iranian frigate just outside Sri Lankan territorial waters in March this year.

Prof. Peiris declared that the government’s assertion that the US restrictions weren’t only directed at Sri Lanka but all Iranian vessels in other regions as well was not acceptable (SF)

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