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Welikada killings: HRW opposes death sentence for top ex- prison official

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… seek action on prison conditions

(New York, January 18, 2022) – Human Rights Watch on January 18, 2022 joined other organisations in condemning Sri Lanka’s ongoing use of the death penalty after a prison official was sentenced to death on January 12. The groups said that the conviction appeared to be an attempt to avoid addressing the events and dire prison conditions that led to the 2012 incident in which 27 prisoners were killed and about 50 injured at Welikada Prison in Colombo.

Anti-Death Penalty Asia Network (ADPAN), Capital Punishment Justice Project, FIDH (International Federation for Human Rights) and Eleos Justice, Monash University endorsed the statement.

The following is their statement: On 12 January 2022, the Colombo High Court Special Trial-at-Bar sentenced former Welikada Magazine Prison Superintendent Emil Ranjan Lamahewage to death. Mr. Lamahewage was sentenced in relation to the 2012 Welikada Prison incident in which 27 prisoners were killed and approximately 50 were injured. In 2015 a Committee of Inquiry recommended charging a number of senior officials. Ultimately, only two prison officials were charged and only Mr. Lamahewage was convicted.

The undersigned strongly condemn the ongoing use of the death penalty in Sri Lanka. Whilst Sri Lanka has observed a de facto moratorium on executions since 1976, 1,284 people remained on death row as of September 2020. Despite the long-standing moratorium, the courts continue to impose the death sentence in relation to 22 capital offences.

Prison conditions for prisoners on death row in Sri Lanka are particularly harsh; the 2020 Prison Study by the Human Rights Commission of Sri Lanka describes the living conditions as “appalling and poor”, detailing testimony of those living on death row in conditions with severe overcrowding, poor sanitation, very limited access to health care, and being locked in cells for 23 hours a day. These conditions contravene the United Nations’ Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

Whilst on the surface, the conviction and sentencing of Mr. Lamahewage appears to be holding one prison official to account, scapegoating by sentencing one individual to death does nothing to address the very real concerns regarding the events that led to the 2012 Welikada Prison incident. Holding those responsible to account is an important step towards justice for victims and survivors of the Welikada Prison incident. That said, the imposition of the death penalty does not achieve this and is never an appropriate way to administer justice.

Using the death penalty, a form of state-sanctioned killing, as a punishment for someone convicted of state-enabled killing, highlights the absurdity of the state being empowered to take the lives of individuals. Activists within Sri Lanka have highlighted the need for urgent, fundamental reform of the criminal justice system with a focus on rehabilitation and reintegration to meaningfully address the severe overcrowding and poor prison conditions.

The signatories call for the Government of Sri Lanka to formalise its de facto moratorium and abolish the death penalty. In the interim, all options should be explored for those sentenced to death, including individualised resentencing, taking into consideration each incarcerated person’s mitigating circumstances, the weight of the evidence presented at trial, and the lengthy sentences of imprisonment many have already served, in very difficult conditions.

Consideration should be given to early release options including commutation of sentences, based on the circumstances of each case, including injustices they may have experienced due to structural and systemic factors. Additionally, the issues outlined in relation to the current conditions on death row must be urgently remedied with adequate resourcing and facilities.”



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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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Two arrest warrants issued for Gnanasara thera

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Galagoda Aththe Gnanasara

The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.

The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.

The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.

The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.

A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.

However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.

The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.

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CA dismisses GR’s writ petition against arrest

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Gotabaya

A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.

The writ petition was rejected in limine.

In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.

Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.

Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.

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