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AG’s Dept. asked to explain why no action taken on Zahran file



PCoI probing Easter Sunday attacks

By Rathindra Kuruwita

It was only three weeks after the Easter Sunday attacks that the Attorney General’s Department had paid attention to the file on NTJ leader Zahran Hashim, sent by Terrorism Investigation Division (TID) in early June 2017, seeking its advice, Deputy Solicitor General, Azard Navavi, on Saturday (05) told the PCoI probing the Easter Sunday attacks.

The witness, however, insisted that their delay could not be considered as having led to the attacks. 

The PCoI had summoned a group of officers who handled Zahran’s file at the AG’s Department. Besides Navavi, State Counsel Malik Azeez also testified.

Chairman of the PCoI asked Navavi what the AG’s Department had done about the file on Zahran, sent by the TID for legal advice.

Navavi said that he had received the file on 07 June 2017 and he instructed Azeez, who was under him, to handle it.

Chairman of the PCoI: “Why did you assign Azeez? Was there a particular reason?

Navavi: “The file had two video clips of Zahran and his brother M.C. Zainee. These were in Tamil, that’s why I gave it to Azeez.”

However, the TID had sent Sinhala translations of what was said in the clips.

Chairman of the PCoI: “When did you pay attention to the file again?”

Navavi: “There was a meeting at the Presidential Secretariat, three weeks after the Easter Sunday attacks. The then head of the TID said they had sent a file on Zahran to us, for legal advice. Until then I had had no recollection of this file. Then I asked Azeez, who briefed me on it.’

Chairman of the PCoI again asked Navavi why he had entrusted the case to a Muslim officer.

Navai said that since the case was about Islamism, he believed it was better if a Muslim handled it.

Cross examining the witness, Shamil Perera, PC, asked if Easter Sunday attacks could have been prevented if he had taken action on the file before 21 April 2019.

Navavi insisted that he could not accept that claim.

Navavi said: “This idea became popular because it came up before the Parliament Select Committee (PSC) on Easter Sunday attacks. People started believing that if action had been taken on the file, the attacks could have been prevented. However, the investigators had not told us enough although they had ample evidence about the threat posed by Zahran to national security. So, I don’t think it’s fair to link a delay about this file to the attack. If they didn’t arrest someone for two years after obtaining a warrant, that’s not our fault.”

State Counsel Malik Azeez, who testified earlier,  said that on March 12, 2019 there had been a meeting  with several TID officers on the file and only at that point had the officers mentioned that the TID obtained arrest warrants twice to arrest Zahran.

“The arrest warrants were not attached to the file or the AG’s Department had not been informed of it until March 2019,” he said.

Azeez informed the Commission that the TID had added documents to the file twice, in 2017 and 2018. None of them included the two arrest warrants or statements recorded from Zahran’s mother and his wife.

Without such important documents, the AG’s Department officials could not detect a threat to National Security, Azeez said.

“The TID sent only some screen shots of the NTJ website and some speeches of Zahran’s brother. Along with the file the TID had attached a letter requesting legal advice on banning the NTJ website, Zahran’s Facebook account and arresting him. No proper inquiry had been conducted and there were no supporting documents. Until the consultation meeting on March 12, 2019 we had not been aware that the TID had obtained arrest warrants twice against Zahran.”    

The next witness was Deputy Solicitor General Dileepa Peiris. He that a moulavi, from a group that was attacked by NTJ members at Alliyar Junction on 10 March 2017, had handed over to the AG’s Department a letter highlighting the issues they were faced with.

Peiris said he had called the OIC of Kattankudy Police on 09 November 2017 for a discussion on the issue.

“I asked him what they were doing. By that time Zahran and his supporters had fled Kattankudy. I felt that the OIC was under political pressure and was hesitant to tackle action.

Chairman of the PCoI showed Peiris the files the TID had sent to the AG’s Department on Zahran.

Chairman: “Can you tell me if you feel that this man posed any threat to national security?”

“It seems so. This is on extremism,” Peiris said.


Foreign Secretary sounds ‘consensual resolution’ as pressure mounts in Geneva



by Shamindra Ferdinando

Foreign Secretary Admiral Prof. Jayanath Colombage on Monday (25) night revealed that the government was having discussions with the UK-led Sri Lanka Core Group in a bid to explore the possibility of reaching a consensus on what he described as a ‘consensual resolution’ ahead of the 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC) scheduled for Feb-March this year.

Admiral Colombage acknowledged that an agreement on a consensual resolution was a politically challenging task. FS Colombage said so in conversation with Faraz Shauketaly on ‘News Line’ on TV 1.

Asked whether the government was under pressure to co-sponsor the new resolution or face a vote in case Sri Lanka rejected the UK-led move, the naval veteran said there was dialogue between the two parties in this regard. Talks have to be concluded today (27)

Prof. Colombage ruled out the possibility of Sri Lanka co-sponsoring the new resolution. The top Foreign Ministry official also dismissed the interviewer’s assertion the government was under pressure to accept the new resolution.

Admiral Colombage said they were also studying some suggestions made by the Core Group.

Asked whether the government would try to convince the Tamil National Alliance (TNA) led political grouping that had demanded an international war crimes investigation in addition to a range of punitive measures to reverse its decision, FS Colombage emphasized that Sri Lanka waged war against an internationally proscribed terrorist group.

The interviewer sought the Foreign Secretary’s assertion of retired justice C.V. Wigneswaran, MP, who signed Jan. 15 dated petition, in his capacity as the leader of Tamil Makkal Thesiya Kutani (TMTK). Altogether, 13 lawmakers represented the three political parties that called for external intervention.

Declaring that serious war crimes hadn’t been committed during the war, FS Colombage questioned the motives of those continuing to harp on unsubstantiated war crimes allegations. Referring to the failure on the part of the Northern Provincial Council to spend the funds allocated for the benefit of the public, FS Colombage asked whether an agenda detrimental to post-war national reconciliation was being pursued.

In the wake of Sri Lanka quitting in Feb 2020 Geneva Resolution co-sponsored by the previous government against one’s own country in Oct 2015, Geneva has warned Sri Lanka of serious consequences. In addition to freezing assets and travel bans slapped on those who had been ‘credibly accused of human rights violations,’ Geneva recommended the launch of criminal proceedings at the International Criminal Court and an international mechanism to gather evidence.

Referring to the US travel ban imposed on Army Commander Gen. Shavendra Silva in Feb 2020, the interviewer sought the Foreign Secretary’s opinion on the Geneva report. Refuting allegations, Admiral Colombage alleged serious shortcomings, including factual errors.

Asked whether the recent appointment of a three-member Commission of Inquiry (CoI) chaired by Supreme Court Judge Nawaz to examine previous CoI reports et al wasn’t too late as well as insufficient just ahead of the 46th sessions, Admiral Colombage explained how eruption of first Covid-19 wave that resulted in the postponement of general elections scheduled for April 2020 caused serious setback to government efforts.

Commenting on simmering controversy over the Sri Lanka-India agreement on the East Container Terminal (ECT) at the Colombo harbour, Admiral Colombage expressed confidence the issue could be resolved soon. The former Navy Chief categorically denied India’s valuable support to Sri Lanka at Geneva et al would be linked with agreement on ECT.

Responding to criticism directed at India over a spate of issues, including the forced imposition of the 13th Amendment thereby creating the Provincial Council system, Admiral Colombage pointed out the Tamil Nadu factor. Admiral Colombage, having reiterated President Gotabaya Rajapaksa’s foreign policy statement, assured Sri Lanka’s commitment to friendly ties with major powers.

FS Colombage emphasized that Sri Lanka’s bilateral relations wouldn’t be at the expense of another country.

Admiral Colombage regretted the recent mid-sea collision involving an SLN Fast Attack Craft and an Indian fishing trawler that resulted in the deaths of four fishermen. The FS emphasized that the incident happened well within Sri Lankan waters near Delft Island.

Navy headquarters last week alleged that the Indian vessel collided with FAC while trying to flee a naval cordon.

Admiral Colombage said that the SLN vessel would have suffered serious damage if the Indian trawler happened to be one with a steel hull.

Asked whether US, India, Japan and Australia would take a common stand vis a vis Sri Lanka in respect of accountability issues, Admiral Colombage asserted that wouldn’t be the case. “Sri Lanka is important to them” Admiral Colombage said, while describing them as the four pillars of the Quad-a security alliance.

Commenting on the disclosures made by Lord Naseby in the House of Lords in Oct 2017, Admiral Colombage appreciated the British politician’s efforts to set the record straight as regards war crimes accusations. The Foreign Secretary said that the revelations were made on the basis of genuine and accurate sources.

The British Lord used classified wartime British HC cables (Jan – May 2009) obtained following a legal battle to counter Geneva accusations. Sri Lanka is yet to officially request Geneva to revisit the 2015 resolution on the basis of Lord Naseby’s revelations.

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UK takes up forced cremation of Covid-19 victims



The UK has raised human rights concerns with Sri Lanka including forced cremation of COVID-19 victims.

High Commissioner to Sri Lanka, Sarah Hulton OBE said in Tweeter message that the UN report in this regard is to be published next week and she would inform the approach to UN Human Rights Council.

“UK raising human rights concerns with Sri Lanka, including forced cremation of COVID19 victims. UN report to be published next week, will inform the approach to @UN_HRC,” she tweeted.



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Electors unaware of electoral register revision process – CMEV



Text and pictures by PRIYAN DE SILVA 

National Coordinator of the Centre for Monitoring Election Violence (CMEV) Manjula Gajanayaka, who visited the polling districts of Puttlam and Vanni, last week, to look into allegation that more than 7,000 voters in the  polling division of Mannar were to be struck off the electoral register, said that electors were unaware of the electoral register revision process. He called upon the Election Commission of Sri Lanka to take immediate steps to educate the public on what actually is taking place; he urged the political parties not to capitalise on the situation. 

 Additional Commissioner of Elections Rasika Pieris said that electoral registers had been revised annually in accordance with the Registration of Electors Act 44 of 1980 to make voting more convenient to the electors by assigning them to the polling stations closest to residences.

 Pieris added that in addition to convenience there were many more advantages to be registered as an elector in the district one resides in.

 Retired Irrigation Engineer A. L. Burhanudhdheen is a chief occupant that has received the Revision of Electoral Register Notice sent by the Assistant Election Commissioner, Mannar. 

Burhanudhdeen had been a resident of Akaththimurippu, Mannar until being driven out by the LTTE in 1990. After being displaced he took refuge in Puttalam and at present lives in a modest house at Nagavillu, Puttlam.

 Burhanudhdeen said that he visited his property in Mannar whenever it was possible, but was unable to construct a new house there due to financial constraints. He also said that whenever possible he and his family had exercised their right to vote in the polling district of Mannar up to the 2020 Parliamentary election. At the last presidential election they had been provided with transport while the Election Commission arranged for a cluster voting facility in Puttlam for the last Parliamentary election, he said.

 Voicing his fears Burhanudhdeen said that he and his family might be struck off the electoral register in Mannar if their appeal was not accepted and added that they had not registered as voters of the Electoral District of Puttalam even though they were resident there.

Assistant Commissioner of Elections Mannar J. Jeniton said that taking action based on reports submitted by Grama Seva Niladharis nearly 10,000 revisions of election register notices had been sent by registered post to electors in the Mannar polling division. 

Jeniton said that the majority of them were known to be persons who were forced to flee from their homes in 1990 due to the conflict. It had been found that they were not resident in that area, he added.

 Jeniton said that about 700 persons had been requested to attend the inquiries and bring with them documents to prove their residence, but only 15 persons had been present.

 Chairman of the Musalee Pradeshiya Sabha A.G.H. Subeeham said that 3,542 constituents in Musalee had been served with Revision of Electoral Register notices requesting them to explain why their names should not be struck off the electoral register. Subeeham said that he did not understand the basis on which the list had been compiled as even persons who had been resident in Musalee for the past 10 years had received such notices. He appealed to the authorities to give the IDPs a grace period of two years to resettle.

The polling districts of Mannar, Mulaitivu and Vavuniya make up the Vanni Electoral District and six Members of Parliament represent the District.

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