News
UK bid to hide Gash reports challenged in House of Lords
… UNHRC avoids query whether new probe unit can seek those dispatches from Colombo
By Shamindra Ferdinando
Following the UK’s refusal to accede to Sri Lanka’s recent request for disclosing British wartime defence attaché Lt. Col. Gash’s dispatches from Colombo, Conservative member Lord Naseby has sought an explanation as regards the procedures followed by the Defence attachés in gathering and submitting information to Her Majesty’s Government.
Authoritative Sri Lankan government sources told The Island that the UK in spite of being a member of the Geneva-based United Nations Human Rights Council (UNHRC) had taken extraordinary steps to keep Gash dispatches under wraps.
Sources appreciated Lord Naseby’s efforts to unravel the truth in the face of a new high-profile inquiry initiated by the UNHRC.
In response to Sri Lanka’s request made in early March, the UK faulted Gash for not obtaining independent confirmation of reports he had sent to the Foreign, Commonwealth and Development Office (FCDO) during the final phase of the Vanni offensive, only after Sri Lanka sought their release!
Sri Lankan government sources pointed out that the UK never questioned the legitimacy of its defence attaché during the conflict till over a decade after the end of the war.
The following are the questions tabled by Lord Naseby at House of Lords recently: (i) To ask Her Majesty’s Government what criteria they used to assess the credibility of evidence reports they have received which related to the situation in Sri Lanka during the civil war in that country between 1 January and 18 May 2009; and whether it has ever been their practice to accept reports from unnamed sources (ii) To ask Her Majesty’s Government whether the information contained in dispatches written by UK defence attachés must be independently verified before submission; if so, whether it is standard practice to ensure that such attachés are briefed to that effect; and if so, what record, if any, they hold of Lieutenant Colonel Gash, being so briefed (iii) To ask Her Majesty’s Government what sources they used to inform their assessment of the situation in Sri Lanka during the civil war in that country between 1 January and 18 May 2009 and finally (iv) To ask Her Majesty’s Government, further to the dispatches written by Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009 relating to the civil war, whether they consider all reports by UK military attachés and diplomats to be evidence based-assessments.
At the recently concluded 46th session of the UNHRC, the UK in its capacity as Sri Lanka Co-Chair led the offensive for the setting up of special unit at a cost of USD 2.8 mn to probe Sri Lanka accountability issues.
Sri Lanka requested the UK to handover Gash dispatches to the UNHRC in the wake of the proposal to set up a special unit to ‘collect, consolidate, analyze and preserve information and evidence’ in respect of Sri Lanka. The unit is also meant for the development of required strategies to deal with the country in case of gross violations of human rights or serious violations of international humanitarian law.
Meanwhile, The Island on April 06, 2021, having obtained prior sanction submitted the following question in respect of the ‘Oral statement of programme budget implications arising from draft resolution A/HRC/46/L.1/Rev.1 of the Human Rights Council,’: (i) Is there provision for the proposed unit set up to gather evidence, information et al to ask for British HC dispatches from Colombo (January-May 2009) or diplomatic cables from any other UN member state? (ii) What remedial measures Geneva can resort to in case governments decline to cooperate?”
In spite of repeated reminders Geneva didn’t respond to The Island query.
The month-long Geneva sessions ended on March 23, with the 47-member council adopting a fresh accountability resolution with 22 countries voting for, 11 against and 14 abstaining.
“We strongly believe those dispatches from Gash can facilitate Geneva investigations. However, the British, despite repeatedly assuring us of longstanding friendship denied credible information in their possession,” a government source familiar with accountability matters, said.
After Gash’s departure from Colombo, the UK discontinued having a resident Defence Advisor here. Instead, New Delhi-based Defence Advisor looked after matters pertaining to Sri Lanka for nearly a decade. However, in January 2019, the UK re-appointed Colonel David Ashman as their resident Defence Advisor in Colombo.
Sources pointed out that despite Lord Naseby’s disclosure of a section of the Gash reports in Oct 2017, Sri Lanka refrained from requesting examination of the dispatches till March 2021.
Gash countered the primary UN allegation (Panel of Experts’ report issued in March 2011 that the Sri Lankan military massacred 40,000 civilians. Gash estimated the number of deaths at 7,000 to 8,000, including LTTE combatants. His assessment largely tallied with a confidential UN survey (Aug 2008-May 13, 2009) that placed the number of dead at 7,721.
Sources said that the UK had taken contradictory positions as regards Gash dispatches at the hearings at the UK Information Commission following Lord Naseby’s initial bid compel disclosure and when Sri Lanka recently requested for the full disclosure of relevant dispatches. The UK owed an explanation whether those dispatches weren’t made available to POE and the Report of the OHCHR Investigation on Sri Lanka (OISL) also on the grounds they weren’t credible.
News
Sallay’s wife further complains to HRC over continuing violation of husband’s FRs by CID
The wife of retired Major General Suresh Sallay has lodged a further complaint with the Human Rights Commission of Sri Lanka (HRCSL), alleging that her husband’s fundamental rights continue to be violated as Criminal Investigation Department (CID) officers prevent him from having confidential consultations with his lawyer while he is under detention at the National Hospital.
In a letter addressed to the HRCSL Chairman on Thursday, Mrs. S.B.M.S.B. Sallay has said the latest complaint was filed in relation to an earlier complaint concerning the detention and treatment of her husband.
Full text of the letter: I, Mrs. S.B.M.S.B. Sallay, respectfully write to lodge this further complaint in relation to my earlier complaint bearing reference H RC-HO-1 103-26, concerning the detention and treatment of my husband, Retired Major General Suresh Sallay.
I wish to bring to the attention of the Commission a further serious violation of his fundamental rights that occurred on 08 July 2026 during a consultation between my husband and his Attorney-at-Law, Mr. Asith Siriwardena, while my husband remains under detention and is receiving treatment at the National Hospital.
I am informed by his Counsel that he is presently permitted to consult with my husband only once a week for a period of approximately twenty minutes. During the consultation held on 08 July 2026, officers of the Criminal Investigation Department (CID) stationed at the Cardiac Coronary Care Unit of the National Hospital informed Counsel that they had received instructions from higher authorities that my husband should not be permitted to meet with his
legal counsel in private. Consequently, the officers remained present throughout the consultation and refused to permit a confidential lawyer-client meeting.
This conduct constitutes a grave infringement of my husband’s fundamental right to communicate privately and confidentially with his legal counsel. Confidential communication between an accused or detainee and his lawyer is an indispensable safeguard of the right to legal representation, the right to prepare his defence, and the right to a fair trial. The denial of confidential legal consultations undermines these fundamental protections guaranteed under the Constitution of the Democratic Socialist Republic of Sri Lanka and the applicable provisions governing persons detained under the Prevention of Terrorism Act.
The confidentiality of communications between a lawyer and client is also a well-recognized principle under international human rights law and forms an essential safeguard against arbitrary detention, coercion, and unfair legal proceedings.
In view of the foregoing, I respectfully request the Human Rights Commission of Sri Lanka to urgently intervene and take all necessary steps within its statutory mandate to:
1. Ensure that my husband is afforded immediate and unrestricted confidential access to his legal counsel without the presence or supervision of law enforcement officers;
2. Inquire into the instructions allegedly issued by higher authorities requiring CID officers to remain present during lawyer-client consultations;
3. Direct the relevant authorities to cease any practice that interferes with confidential legal consultations; and
4. Take such further action as the Commission considers appropriate to safeguard my husband’s constitutional and human rights.
This complaint is made as a further complaint to Complaint No. H RC-HO-1103-26, and I respectfully request that it be placed on the same file and considered together with my previous complaints.
I respectfully seek the Commission’s urgent intervention in this matter.
News
SC upholds Commercial HC ruling that Weerawansa violated intellectual property rights of JVP
The Supreme Court yesterday (9) upheld a Colombo Commercial High Court order directing former Minister Wimal Weerawansa to pay Rs. 1 million in damages to Janatha Vimukthi Peramuna (JVP) General Secretary Tilvin Silva for violating intellectual property rights.
A three-member Supreme Court bench dismissed in its entirety an appeal filed by Weerawansa challenging the earlier Commercial High Court ruling.
The case was instituted by Silva, who alleged that Weerawansa had violated provisions of the Intellectual Property Act by publishing his book “Neththa Wenuwata Aththa” (“Truth Instead of Lies”), which contained the JVP’s political ideology and official party documents without authorisation.
The Supreme Court also affirmed the order restraining the publication and distribution of the book in its existing form. However, the court ruled that the book could be republished if the 60-page section identified as infringing intellectual property rights was removed.
News
Communist Party regrets failure of Justice Minister to visit a single prison
The Communist Party of Sri Lanka (CPSL) has blamed what it describes as a systemic collapse of the country’s prison administration and the government’s adherence to IMF-backed austerity measures for the recent violence at Negombo Prison, calling for an independent investigation and sweeping reforms to the correctional system.
In a statement issued by its General Secretary, Dr. G. Weerasinghe, the CPSL extended condolences to the families of those killed during the unrest at Negombo Prison and subsequent incidents at other prisons, describing the violence as “not merely an administrative failure within a single institution but a profound systemic breakdown in Sri Lanka’s criminal justice and correctional framework.”
Full text of the statement: The Communist Party of Sri Lanka (CPSL) extends its condolences to the families of the people who lost their lives during the recent grave events that unfolded at Negombo Prison and subsequently at other prisons. It also expresses its deep concern and firm condemnation regarding the incidents, which represent not merely an administrative failure within a single institution but a profound systemic breakdown in Sri Lanka’s criminal justice and correctional framework.
The CPSL reiterates that prisons are institutions of rehabilitation, not arenas of violence. The Party has long maintained that Sri Lanka must transition from a punitive model to a restorative justice system, to one that rehabilitates offenders and reintegrates them as useful members of society. The lives of prisoners are of value to the nation, and the greatest effort should always be taken to preserve life.
It is therefore significant that President Anura Kumara Dissanayake himself stated that the loss of even one prisoner’s life is unacceptable. Yet the public was shocked by footage of an STF officer firing apparently indiscriminately through the Judas Window of the main gate of Negombo Prison. This raises serious questions: Why were non-lethal alternatives, including drone-based surveillance and assessment, not deployed? Why did command decisions fail at the most basic level?
The CPSL also notes with deep dismay that the honourable Minister of Justice and National Integration has not visited a single one of the prisons that come under his purview, since his appointment.
The outbreak at Negombo Prison is a symptom of a wider malaise. These include:
1. Extreme Overcrowding: Negombo Prison, designed for 650–680 inmates, was forced to house 2,600. Prisoners reported severe shortages of toilets, with up to 60 inmates queuing for a single facility. Nationally, the system built for 10,000–11,000 inmates now holds 39,000–41,000. This level of overcrowding is not mismanagement, it is institutional collapse.
2. Medical Neglect: Prisoners have repeatedly complained of insufficient access to medication. Amid ongoing epidemics, including Dengue Fever, inmates fear for their lives. A correctional system that cannot provide basic medical care is failing in its most fundamental duty.
3. Severe Undermanning: The prison service faces a shortage of 1,500 personnel, worsened by the ongoing recruitment freeze. Officers are overworked, underpaid, and insufficiently motivated due to disgracefully low public sector salaries.
The CPSL holds the Government fully responsible for this disaster. Its willingness to accommodate the draconian austerity conditions of the IMF has crippled recruitment across the public service, including the prison system. These externally imposed constraints have prevented the Department of Prisons from fulfilling its basic obligations to inmates and staff.
This tragedy is yet another proof of the Government’s incompetence and inability to govern. A regime that cannot protect those in its custody cannot claim moral or administrative legitimacy.
The CPSL calls upon the Government, Ministry of Justice, and Department of Prisons to:
1. Conduct an independent, transparent investigation into the Negombo Prison incident, with findings released to the public.
2. Hold accountable all officials whose actions or negligence contributed to the loss of life.
3. Provide immediate medical care, protection, and humane treatment to all inmates.
4. Implement urgent structural reforms to address overcrowding, understaffing, and medical shortages.
5. Transition toward a restorative justice model, reducing recidivism and strengthening social reintegration.
6. Reject externally imposed austerity measures that undermine national sovereignty and public safety.
The CPSL urges calm among the public and calls upon all stakeholders, including prison staff, families, civil society, and human rights organisations, to cooperate with investigative processes. The Party reaffirms its commitment to defending human dignity and ensuring that Sri Lanka’s institutions serve the people with justice, compassion, and accountability.
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