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US adopts domestic anti-terrorism law similar to PTA, says ex-State Dept. employee

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by Shamindra Ferdinando

One-time US State Department employee Daya Gamage says the January 6 attack on the Capitol has prompted the US to adopt a bipartisan Domestic Terrorism Prevention Act (DTPA) of 2021 to investigate acts of domestic terrorism.

The retired political specialist pointed out how swiftly the US acted after the US Department of Justice indicated the need for domestic anti-terrorism law in the wake of the January 6 Capitol attack. Gamage saw the similarity of  the US response legislation to Sri Lanka’s Prevention of Terrorism Act (PTA) introduced by the then President J.R. Jayewardene at the onset of his first term.

The US media, in late January 2021, quoted US Rep Fred Upton as having said: “The attack on the U.S. Capitol earlier this month was the latest example of domestic terrorism, but the threat of domestic terrorism remains very real. We cannot turn a blind eye to it. The Domestic Terrorism Prevention Act will equip our law enforcement leaders with the tools needed to help keep our homes, families, and communities across the country safe.”

Media widely alleged that right-wing extremists had been among a mob of supporters of the then President Donald Trump, who stormed the Capitol on Jan. 6. They interrupted the formal congressional certification of President Joe Biden’s election victory.

Author of ‘Tamil Tigers’ Debt to America’, Gamage said that the US move to have its own domestic terrorism law to neutralize threat of domestic terrorism should be examined against the backdrop of the US and its allies pushing Sri Lanka to do away with the PTA. The government, especially the relevant ministries should be mindful of the US response to the Capitol attack, Gamage said, expressing concern at the failure on the part of those responsible to take notice of the unprecedented development.

In the absence of a domestic terrorism law the U.S. cannot proscribe internal anarchists though it can ban foreign groups. The LTTE is one such group proscribed by the US in 1997. Experts are of the view domestic terrorism law would facilitate nationwide search warrants, expanded law-enforcement access to tax and educational records, and harsher sentencing.

According to documents available with The Island, the then Prime Minister Ranil Wickremesinghe in a letter dated Sept 20, 2016 informed the cabinet of the appointment of a committee to replace the PTA with a new Counter Terrorism Law. Premier Wickremesinghe said that he wanted the new law to be in full agreement with international human rights obligations while providing sufficient capacity to deal with terrorism here. Another document revealed how Premier Wickremesinghe chaired a Temple Trees meeting on Dec 16, 2016 attended by Justice Minister Dr. Wijeyadasa Rajapakse, Law and Order Minister Sagala Ratnayake, British HC James Dauris, French Amb Jean-Marin Schuh, EU delegation Chief  Tung-Lai Margue et al to discuss the new law.

Authoritative government sources told The Island in spite of the change of government a section of the international community was pushing Sri Lanka hard to repeal the PTA. The ongoing dialogue between Sri Lanka and the EU covered the contentious issue of introducing a new Counter Terrorism Law. Sources pointed out how the previous UNP-led administration tried to justify the introduction of a new Counter Terrorism Law due to their own failure to thwart 2019 Easter Sunday carnage. The then Premier’s Office vigorously campaigned for the repealing of the PTA. The UNP propagated that a new Counter Terrorism Law was required to thwart international terrorist groups targeting Sri Lanka. This assessment was made on the basis the ISIS carried out the Easter Sunday attacks under the existing PTA.

Dr. Wasantha Bandara of the Federation of National Organization (FNO) yesterday told The Island that the way the US handled the perceived domestic terrorist threat was a lesson to Sri Lanka. They acted in unison regardless of political differences though in Sri Lanka those in power and the Opposition could never agree on matters of national security. The Easter Sunday carnage underscored the continuing threat posed by terrorism and the need to be ever vigilant to face any eventuality.

Dr. Bandara pointed out that those allegedly involved in the Easter Sunday carnage were arrested in terms of the PTA. Among the arrested were lawyer Hejaaz Hizbullah whose detention was taken up in Geneva by the Core Group on Sri Lanka bent on punishing the country on the basis of unsubstantiated war crimes accusations.

 

 



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Lanka enters new phase of prosecutions as hurdles clear

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MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

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Police warn: Court evaders face property seizure

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Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

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Nearly 20 Iranian tankers stranded off Lanka amid US sanctions

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Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.

According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.

The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.

The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.

Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.

The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.

Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.

Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.

Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.

The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.

Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.

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