The Amnesty International yesterday claimed that the Lankan government continued its crackdown on dissent, targeting multiple groups while impunity continued in a number of emblematic cases in 2021.
Al’s annual report on the state of the world’s human rights in 2021, released on Wednesday shows that in Sri Lanka excessive use of force and brutality by law enforcement officers were widely reported, and there were deaths in custody.
The report says: The UN Human Rights Council set up a mechanism to consolidate evidence of serious human rights violations for future prosecutions after the Sri Lankan government withdrew its support for transitional justice. Existing transitional justice mechanisms did not progress. The Prevention of Terrorism Act continued to be used to target critics from minority communities through arbitrary arrests and prolonged detention without judicial oversight. New regulations issued under the Act would effectively deny suspects a judicial hearing and force them to attend mandatory “rehabilitation”. Discrimination and marginalization of the Muslim community increased because of government policies specifically targeting them. The government failed to prioritize health workers, older populations, people with comorbidities or marginalized groups during its Covid-19 response.
The crackdown on dissent continued. The government targeted human rights defenders, journalists, lawyers, members of the opposition and criminal investigators and expanded its scope to include university students, academics, trade unionists and social media commentators. In May, the Secretary to the Ministry of Health issued an order threatening disciplinary action against health sector employees who spoke to the media about difficulties in tackling the Covid-19 pandemic.
There were protests over long-standing salary issues for teachers and principals. Demonstrators also called for the withdrawal of a controversial education bill; some activists were arrested, in some cases spending more than 75 days in detention.
In an online meeting organized by the Sri Lanka Judges Institute in August, judicial officers were given instructions by non-judicial officers on controlling public gatherings during the Covid-19 pandemic. The instructions followed widespread protests by trade unions, and the judicial officers reportedly felt pressured to deliver court orders preventing such protests.
The government announced law reform initiatives to regulate the work of NGOs, potentially hindering the right to freedom of association.
In emblematic cases which implicated members of the military or government supporters, either the suspects were acquitted or the cases were withdrawn by the Attorney General. Other cases failed to progress. The trial relating to the enforced disappearance in 2010 of journalist Prageeth Eknaligoda was postponed multiple times, owing in part to Covid-19 restrictions. Suspects in the 2005 assassination of Tamil MP Joseph Pararajasingham, including those from a government-aligned political party, were acquitted and the Attorney General’s Office did not indicate any interest in re-opening the investigation. Without publicly providing reasons for its decision, the Attorney General’s Office decided not to proceed with charges against Wasantha Karannagoda, a former Navy commander, over his alleged role in the enforced disappearance of 11 Tamils in 2008 and 2009. The Sri Lankan Navy is alleged to have been responsible for the forcible disappearance of the so-called “Navy 11”.
The UN Human Rights Council passed resolution 46/1 with a view to advancing accountability in Sri Lanka. The resolution established an international mechanism for OHCHR to collect, consolidate, analyse and preserve information and evidence and to develop strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law.
Under the leadership of the controversial former Supreme Court judge Upali Abeyratne, the Office on Missing Persons (OMP) opened a new office in the North and announced plans to “verify” the 21,374 cases collated by its former members. By the end of the year, the OMP’s official caseload stood at 14,988, with no clear explanation for having dropped more than 6,000 missing persons cases. New members were appointed; there was lack of clarity over whether the leadership changed.
Unprovoked attacks: AG asked to consider taking legal action against MR, others under ICCPR
… arrest those named in court proceedings
By Shamindra Ferdinando
The Colombo High Court Lawyers’ Association intends to move the Fort Magistrate’s court against the inordinate delay on the part of the Criminal Investigation Department (CID) to arrest those who had been named in the ongoing court proceedings as suspects.
The Fort Magistrate’s Court has issued a travel ban on ex-Prime Minister Mahinda Rajapaksa, Namal Rajapaksa, Pavithra Wanniarachchi, Johnston Fernando, Sanjeewa Edirimanna, Rohitha Abeygunawardena, C.B. Ratnayake, Sanath Nishantha, Kanchana Jayaratne (Pavitra Wanniarachchi’s husband), Sampath Athukorala, Mahinda Kahandagama, Renuka Perera, Nishantha Abeysinghe, Amitha Abeywickrama, Pushpalal Kumarasinghe, Dilip Fernando and Senior DIG Deshabandu Thennakoon.
The Magistrate also imposed a travel ban on seven others who had been wounded in or were eye-witnesses to the attacks.
Alleging that the CID probe was progressing at a snail’s pace, Attorney-at-Law J. Tenny Fernando, Convenor has, in a letter dated 15 May, requested Attorney General Sanjay Rajaratnam, PC, to expedite the process. The copies of the lawyer’s letter have been forwarded to IGP C. D. Wickremaratne, Chairperson of the Human Rights Commission Justice Rohini Marasinghe, and Prime Minister Ranil Wickremesinghe.
The Association has asked the AG whether the delay in taking those who had influenced the unprovoked attacks on protesting public into custody was because of their political status, political intervention hampering investigations or any other reason.
The association’s President and Attorney-at-Law Lakshman Perera told The Island that the public was seriously concerned about the double-standards in the CID’s response to the unprovoked attacks obviously carried out at the behest of those at the helm of Temple Trees and retaliatory violence.
Referring to the association’s letter to the AG, lawyer Perera said that the police headquarters over the weekend declared the arrest of over 200 persons in connection with retaliatory attacks whereas none of those whose passports were impounded were taken. Lawyer Perera noted that Police Spokesman and Attorney-at-Law SSP Nihal Thalduwa on Sunday (15) announced the arrest of a 49-year-old employee of Moratuwa Municipal Council in connection with the attacks on protest sites. SSP Thalduwa said that the CID took him into custody at Moratuwella, Moratuwa.
The Colombo High Court Lawyers’ Association has requested the AG to instruct the CID to take those who had been named in the court proceedings into custody without delay.
The IGP directed the CID to inquire into the incidents following a missive from the AG, who drew attention of the Police Chief to the domestic and international ramifications of the May 09 mayhem.
The association has queried whether the AG could file charges against some of those politicians who had allegedly instigated attacks in terms of Section 03 of the International Covenant on Civil and Political Rights (ICCPR) Act No 56 of 2007.
Convenor Fernando warned the AG that the integrity of his Office is in question against the backdrop of both the legal fraternity and the citizenry relentlessly demanding expeditious handling of the Temple Trees case.
The association has emphasised that the ongoing investigations are under the purview of the AG in terms of Section 393 of the Code of Criminal Procedure Act No 15 of 1979. Referring to the extensive coverage of the incidents in the mainstream as well as the social media, the association has questioned the honesty and the efficiency of the CID.
Appreciating the swift action taken by the AG’s Department in respect of principal suspects to secure a travel ban, the association has reminded the President’s Counsel Rajaratnam that the outfit is about to file action against the same lot and some additional suspects when the AG intervened.
Lawyer Perera said that if not for the AG initiating action, the association would have done the needful. The entire world was watching how the government handled this situation, he said, adding that it would be the responsibility of the AG to ensure justice.
PM tells bitter truth, proposes how to overcome crisis
With the country caught in a fiscal crisis, where it is unable to find dollars even to buy lifesaving drugs, Prime Minister Ranil Wickremesinghe yesterday declared some urgent steps that he proposed to take like privatising the money draining national carrier SriLankan Airlines.
The loss suffered by SriLankan for the year 2020-2021 alone amounted to SLR 45 billion. By 31 March 2021, the total loss was at 372 billion. “Even if we privatise Sri Lankan Airlines, this is a loss that we must bear. You must be aware that this is a loss that must be borne even by the poor people of this country who have never stepped on an airplane”, he said.
In his address to the nation, Premier Wickremesinghe said
the coming few months will be the most difficult times that Sri Lankans have experienced in their lives.
He said Sri Lankan economy is in an extremely precarious state and that the budget deficit for 2022 will be 2.4 trillion Sri Lankan Rupees.
“At present, the Sri Lankan economy is extremely precarious. Although the former government’s budget projected a revenue of SLR 2.3 trillion, SLR 1.6 trillion is the realistic projection of this year’s revenue,” he said.
Wickremesinghe said that the estimated government expenditure for 2022 is SLR 3.3 trillion. However, due to the increase in interest rates and additional expenditure of the former government, the total government expenditure is SLR 4 trillion.
He said that the government needs to find 75 million U.S Dollars in the next few days to provide the basic necessities for the people.
“At the moment, we only have petrol stocks for a single day. Due to the diesel shipment that arrived yesterday, the diesel lack of diesel will be resolved to some extent. Two more diesel shipments are due to arrive on the 18th May and 1st June. In addition, two petrol shipments are expected on 18th and 29th May,” he said.
Wickremesinghe said that Sri Lanka produced 25% of electricity through fossil fuels.
Thus, if the country is not able to purchase adequate amounts of diesel soon, there is a possibility that the daily power outages will increase to 15 hours a day.
He added that the government incurs a loss of 84.38 rupees per liter of 92 octane petrol, 71.19 rupees per liter of 95 octane petrol, 131.55 rupees per liter of diesel, 136.31 rupees per liter of super diesel, and 294.50 rupees per liter of kerosene oil.
“The Petroleum Corporation can no longer bear this loss. Similarly, although the Electricity Board charges SLR 17 per unit of electricity the cost of production is at around SLR 48 amounting to a loss of about SLR 30 per unit. This is also a serious problem,” he said.
Given below is the speech in full: “Last Thursday, I accepted office as the Prime Minister. I did not request this position. In face of the challenging situation facing the country, the President invited me to take up this position. I assumed this duty not only as a political leader, but also as national leader who has benefited from free education at the Faculty of Law of the University of Colombo.
“At present, the Sri Lankan economy is extremely precarious. Although the former government’s budget projected a revenue of SLR 2.3 trillion, SLR 1.6 trillion is the realistic projection of this year’s revenue.
“The estimated government expenditure for this year is SLR 3.3 trillion. However, due to the increase in interest rates and additional expenditure of the former government, the total government expenditure is SLR 4 trillion. The budget deficit for the year is SLR 2.4 trillion. This amount equals 13% of the GDP.
“The approved debt ceiling is SLR 3200 billion. By the second week of May, we had spent 1950 billion. Therefore, the remainder is SLR 1250 billion. Yesterday, a cabinet decision was made to present a proposal to parliament to increase the approved limit for issuing treasury bills from 3000 billion to 4000 billion.
“In November 2019, our foreign exchange reserves were at USD 7.5 billion. However, today, it is a challenge for the treasury to find USD 1 million. The Ministry of finance is finding it difficult to raise USD 5 million required to import gas.
“Amidst all these issues we are faced with several grave concerns. To ease the queues, we must obtain approximately USD 75 million within the next couple of days. At the moment, we only have petrol stocks for a single day. Due to the diesel shipment that arrived yesterday, the diesel lack of diesel will be resolved to some extent. Under the Indian credit line, two more diesel shipments are due to arrive on the 18th May and 1st June. In addition, two petrol shipments are expected on 18th and 29th May. For over 40 days 3 ships with crude oil and furnace oil have been anchored within the maritime zone of Sri Lanka. We are working to obtain dollars in the open market to pay for these shipments.
“A quarter of electricity is generated through oil. Therefore, there is a possibility that the daily power outages will increase to 15 hours a day. However, we have already obtained money to avert this crisis. We must also immediately obtain USD 20 million to provide gas to consumers. The situation of kerosene and furnace oil is even more urgent. At present, the Central Bank, local state and private banks, and foreign banks functioning in Sri Lanka are all facing a dollar shortage. As you are already aware, we possess a very low amount of US dollars. Nevertheless, we succeeded in bringing in a diesel shipment yesterday despite these adverse circumstances with Indian assistance. Therefore, you can obtain that diesel from today onwards. We will also work towards making a payment for the gas shipment that arrived on Tuesday. Therefore, you will have some respite from the gas shortage.
“Another grave concern is the lack of medicine. There is a severe shortage of a number of medicines including medicine required for heart disease as well as surgical equipment. Payments have not been made for four months to suppliers of medicine, medical equipment, and food for patients. The payment owed to them amounts to SLR 34 billion. In addition, payments have not been made for four months for medicine imported by the State Pharmaceuticals Corporation. As a result, pharmaceutical companies are taking steps to blacklist the SPC. Unfortunately, our Medical Supplies Division is unable to provide even two critical items of the 14 essential medicines that we currently need. These two are a medicine used in treating heart disease and the anti-rabies vaccine. The latter has no alternative treatment.
“We have planned to present a new alternative budget to the development budget proposed for 2022. Intend to present it as a concessionary budget.
“I further propose to privatise Sri Lankan Airlines which is incurring extensive losses. The loss for the year 2020-2021 alone amounts to SLR 45 billion. By 31st March 2021, the total loss was at 372 billion. Even if we privatise Sri Lankan Airlines, this is a loss that we must bear. You must be aware that this is a loss that must be borne even by the poor people of this country who have never stepped on an airplane.
“In the short term we will have to face an even more difficult time period. There is a possibility that inflation will increase further.
“At present, the government incurs a loss of SLR 84.38 per liter of 92 octane petrol, 71.19 per liter of 95 octane petrol, 131.55 per liter of diesel, 136.31 per liter of super diesel, and 294.50 per liter of kerosene oil. The Petroleum Corporation can no longer bear this loss. Similarly, although the Electricity Board charges SLR 17 per unit of electricity the cost of production is at around SLR 48 amounting to a loss of about SLR 30 per unit. This is also a serious problem.
“Against my own wishes, I am compelled to permit printing money in order to pay state-sector employees and to pay for essential goods and services. However, we must remember that printing money leads to the depreciation of the rupee. Under the current circumstances, even the Petroleum Corporation and the Electricity Board are unable to obtain rupees.
“The next couple of months will be the most difficult ones of our lives. We must prepare ourselves to make some sacrifices and face the challenges of this period.
“I have no desire to hide the truth and to lie to the public. Although these facts are unpleasant and terrifying, this is the true situation. For a short period, our future will be even more difficult than the tough times that we have passed. We will face considerable challenges and adversity. However, this period will not be long. In the coming months, our foreign allies will assist us. They have already pledged their support. Therefore, we will have to patiently bear the next couple of months. However, we can overcome this situation. Doing so will require taking a new path.
“I thank the opposition leader and the leaders of the political parties who replied to the letters that I sent them informing them of the current situation.
“We must immediately establish a national assembly or political body with the participation of all political parties to find solutions for the present crisis. This will enable us to discuss with all parties and to arrive at decisions for short-, medium-, and long-term action plans that will enable us to rebuild our nation within a specified time frame.
“We will build a nation without queues for kerosene, gas, and fuel; a nation free of power outages, a nation with plentiful resources where agriculture can freely flourish; a nation where the future of the youth is secure; a nation where people’s labour need not be wasted in queues and in struggles; a nation where everyone can lead their lives freely with three square meals a day.
“I am undertaking a dangerous challenge. In the Caucasian Chalk Circle, Grusha crossed the broken rope bridge carrying a child that was not her own. This is an even more difficult undertaking. The precipice is deep and its bottom cannot be seen. The bridge is made of thin glass and there is no handrail. I am wearing shoes with sharp nails that cannot be removed. My task is to safely take the child to the other side. I am accepting this challenge for our nation. My goal and dedication is not to save an individual, a family, or a party. My objective is to save all the people of this country and the future of our younger generation. I will undertake this task willingly risking my life if needed and will overcome the challenges facing us. I ask you to extend your support to me in this endeavour.I will fulfill my duty towards our nation.”
Parliament security beefed up in view of planned IUSF protest
By Norman Palihawadane
Security for Parliament and surrounding areas has been beefed up in view of Inter University Students’ Federation-led agitations against the government and President Gotabaya Rajapaksa.
During a special meeting, headed by Sergeant-at-Arms Narendra Fernando, with security experts and other stakeholders from Parliament, it was decided to enhance security during the next sitting week of parliament scheduled to start at 10 am today.
In addition the number of Navy boat patrolling in the adjacent Diyawanna Lake has been increased, parliament sources said.
The scope of intelligence observances and surveillance would be increased, sources said, adding that police and army men would be deployed in the surrounding areas of parliament premises.
Yesterday’s meeting also conveyed instructions issued by Defence Secretary General Kamal Gunaratne during his visit to the Parliament complex on Sunday.
Speaker Mahinda Yapa Abeywardena told The Island that the responsibility of providing security to the MPs had been handed over to the Police and the Army.
Unprovoked attacks: AG asked to consider taking legal action against MR, others under ICCPR
Export-led economy or import substitution?
Restoring dignity of legislature
‘Dates have the highest sugar content to fight Coronavirus’
U.S. Congress to probe assets fleecing by US citizens of Sri Lankan origin
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