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BASL calls for independent and impartial probe into killing of ’Uru Juwa’ & ’Kosgoda Tharaka’

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‘Such deaths are an affront to the Rule of Law’

The Bar Association of Sri Lanka (BASL) condemned the killing of Melon Mabula alias ‘Uru Juwa’ and Tharaka Perera Wijesekera alias ‘Kosgoda Tharaka’, who were taken into police custody.

The State and the Police should have a duty to ensure the safety and security of persons in their custody, irrespective of the character of such persons and the seriousness of the nature of the allegations against such person, the BASL said in a statement.

“These deaths have all the hallmarks of extra-judicial killings and we call upon the State to ensure the safety and security persons in their custody, it said.

The statement further said: “On May 12, 2021, an Attorney-at-Law representing Tharaka Perera Wijesekera informed the BASL by e-mail that his client had been suddenly transferred from the custody of the Criminal Investigation Department (CID) to a special police Unit at Peliyagoda and that he fears that his client will be killed in custody.

“Acting on the complaint of the Attorney-at-Law, between 2000 and 2100 hours, the President of the BASL informed the Inspector General of Police (IGP) Chandana Wickremeratne via email to igp@police.lk and also by text message and WhatsApp the apprehensions of the said Attorney-at-Law and reminded the IGP that the Police and the State have a duty to protect persons in their custody.

“The IGP was reminded that the Supreme Court in many decisions has re-iterated the duty and responsibility cast on the State to ensure the safety and security of persons in its custody.

“The Attorney-at-Law concerned had also informed the IGP, the Director CID and the Human Rights Commission of Sri Lanka of his concerns.

“Despite the said notifications by the BASL on behalf of an Attorney-at-Law representing his client, the news media reported that Tharaka Wijesekera has been killed while being detained by the Peliyagoda Special Crimes Division, allegedly “when he tried to attack police while recovering some weapons”. This happened at a time when the Police including the IGP had been notified of the same.

“On May 11, 2021 another suspect named Melon Mabula alias ‘Uru Juwa’ had met his death in a similar manner. We are informed that representations were made to the police as regards his safety, prior to his death.

“The State and the Police have a duty to ensure the safety and security of persons in their custody, irrespective of the character of such persons and the seriousness of the nature of the allegations against such persons.

“Such deaths are an affront to the Rule of Law and will tarnish the image of Sri Lanka. It is an imperative requirement of criminal justice that persons accused of serious crimes including murder are tried by a Court of law and punished for their crimes and that the networks that aided and abetted such activities are prosecuted and dismantled. This requirement is defeated by the failure of police officers to control the unarmed suspect purportedly accompanied by them without the use of lethal force.

“It is incomprehensible how on several occasions the Police have been unable to protect unarmed suspects in their custody.

“The Executive Committee of the BASL expresses its grave and serious concern and condemns the failure of the Police including the IGP to protect persons in their custody.

“The BASL calls upon His Excellency the President and the Government to take serious note of these incidents and to take action to prevent such occurrences.

“The BASL also requests the authorities to conduct an independent and impartial investigation into these incidents. As far back as 2013 the BASL highlighted the issue of the killing of suspects in the custody of Police and will use all means at its disposal to prevent similar acts of omission and commission on the part of the State authorities in the future.



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Police failure to contain May 2022 violence explained

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Police inaction to prevent arson attacks against SLPP politicians in the Western province on May 9 may have been due to orders not to carry weapons to deal with protesters, a new investigation has revealed.A review of the role of the police at the time showed Senior Deputy Inspector General Deshabandu Tennakoon had ordered all officers under him to ensure that no personnel were issued with arms and ammunition in the run up to the May 9 violence.

In his two-page instructions to DIGs, SSPs, SPs, ASPs and officers in charge of all stations in the districts of Colombo, Kalutara and Gampaha, Tennakoon had said no weapons or ammunition should be issued under any circumstances to officers deployed to deal with the protesters.

This order dated May 5 had not come to the attention of a three-member investigation panel headed by former navy chief Wasantha Karannagoda appointed to look into the security lapses. However, the panel had uncovered an order similar to that of Tennakoon issued by the then army chief Shavendra Silva.

Deploying police without even their own personal protection is seen as a violation of departmental orders and an internal investigation had begun, a top official source said.Meanwhile, the private residence of President Ranil Wickremesinghe was torched despite 400 air force men being deployed to protect it. The airmen did not open fire to deter a handful of attackers who scaled walls to enter the premises and set it on fire.

Instead of dealing with the arsonists, a police Special Task Force (STF) unit outside the Fifth Lane residence of Wickremesinghe attacked a television crew angering the protesters and encouraging more people to congregate there.

Several people identified through CCTV footage have already been arrested in connection with the arson at Wickremesinghe’s residence.However, action is yet to be taken against police and security personnel who failed to ensure law and order.

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SL will engage major T-bond holders for voluntary optimization: Governor

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ECONOMYNEXT –Sri Lanka will not re-structure Treasury bills outside of central bank holdings and will engage with major T-bond holders for voluntary ‘optimization’ Governor Nandalal Weerasinghe said.

“There will be some treatment on central bank held Treasury bills,” Governor Nandal Weeasinghe told a creditor presentation Thursday.

“Other Treasury bill holdings will not be treated. Treasury bonds we envisage voluntary optimization.”

Sri Lanka has to at least extend the maturities of bonds to reach a gross financing need target averaging 13 percent of GDP in 2027-2032 based on projections in an IMF debt sustainability analysis. Of that foreign debt service has be below 4.5 percent of GDP on average.

“Local currency creditors participation in a debt optimization will help reaching the DSA targets,” Treasury Secretary Mahinda Siriwardena said.

“Authorities are exploring options for domestic debt operations aimed at liquidity relief while preserving financial stability to avoid further eroding Sri Lanka’s repayment capacity.”

The government and advisors will “invite consultations with major T-bond holders to gauge options and constraints”, he said.Governor Weerasinghe and Treasury Secretary Mahinda Siriwardene said Sri Lanka is likely to outperform the growth targets in the IMF debt sustainability analysis given past history. The IMF DSA is projecting 3.1 percent growth in the next few years.

Sri Lanka grew at rates around 4 to 5 percent during a 30 year war, but growth started to fall after serial currency crises hit the country under flexible inflation targeting with output gap targeting (monetary stimulus) during peacetime. In 2020 taxes were also cut for stimulus, going beyond open market operations and outright purchases of bonds seen earlier.

Meanwhile state spending went up from 17 to 20 percent of GDP under state expansionist revenue based fiscal consolation after spending based consolidation (cost cutting) was thrown out of the window from 2015 to 2019, critics say.

Sri Lanka is now trying to cut spending and excessive growth of the public sector, based on normal economic principles, to limit the burden of the unaffordable state on productive sectors and the poor, while preserving essential spending.According to the latest IMF program, fiscal consolidation will be “primarily” revenue based.

Sri Lanka’s Treasury bill and bond yields were higher than required due to uncertainty over whether they will be re-structured and the so-called ‘gilt’ status will no longer apply.

The lack of an early cut off date for domestic debt is a key problem in the IMF’s current debt resolution framework as domestic bond buyers are the last resort lenders after most foreign creditors stop lending, when the IMF says a country’s debt is no longer sustainable.

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Sri Lanka and debt advisors will engage with major Treasury bond holders, Weerasinghe said.

Key T-bond holders are Employment Provident Fund, Employment Trust Fund, insurance companies and banks.

Sri Lanka is also conducting an asset quality of review of banks.

Based on its results a debt optimization options will be offered paying attention to asset liability mis-matches, Weerasinghe said.

By preserving banking sector stability foreign investors are more likely to get repaid.

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BASL slams attempts to hinder Saliya Pieris, PC, appearing for a client

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The Bar Association of Sri Lanka (BASL) has issued a statement on the recent string of protests launched against former BASL President Saliya Pieris’s decision to represent a client who had retained him. In the statement signed by BASL President Kaushalya Nawaratne and Secretary Isuru Balapatabendi, the BASL noted that the protests in question not only hinders the senior lawyer’s right to represent a client, but also acts as an attack on the profession at large.

Further, they noted that Article 13(3) of the Constitution of Sri Lanka specifically guarantees every person the right to a fair trial and the right to be represented by a lawyer of their choice.

The BASL also cited the 2019 Supreme Court judgment delivered in a landmark case together with the Judicature Act, the Code of Criminal Procedure and the Civil Procedure Code in favour of their argument. The Bar Association strongly demanded that the relevant authorities ensure that Pieris’s professional duties and safety remain unhindered.

Excerpts from text of the statement:

“The Bar Association of Sri Lanka (BASL) observes that there has been a series of organized protests in Colombo, in relation to Mr. Saliya Pieris PC, the Former President of the Bar Association of Sri Lanka, conducting his professional duties with regard to a particular client.

“We are of the view that the said protest, not only seriously hinders his right to represent a client, a professional right which has been safeguarded by law, but also an attack on the profession at large.

“In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that: ‘The first piece of legislation passed by the Parliament soon after the promulgation of the 1978 Constitution was the Judicature Act No. 02 of 1978.

‘As the administration of justice in any civilized society cannot be effectively implemented without lawyers, the legislature in its wisdom, through the Judicature Act, established the legal profession. Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.’

“Our constitution specifically guarantees the right to legal representation in Article 13(3) and

the Civil Procedure Code also provides for the right to legal representation in civil cases. Specifically, Section 24 of the Code allows parties to be represented by lawyers or other authorized representatives in court.

“Overall, Sri Lankan law recognizes and protects the right to legal representation, both in criminal as well as civil cases.

“Therefore, the Bar Association of Sri Lanka strongly demands that the authorities ensure that Mr. Peiris’s professional duties as an Attorney-at-law, are not hindered and, ensure his safety.”

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