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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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DG Information ignorant of basic election laws and regulations: ECSL

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by PRIYAN DE SILVA

The Election Commission (EC) has expressed its disappointment at controversial statements made by some public officials about elections. It says some top government official, including the Director General of Government Information, are not familiar with the basic election laws and regulations laid down in the Constitution.

The EC says it may be due to his ignorance that the Director General of Government Information has issued the Special News Release, on 29 January, claiming that ‘the gazette notification, with the signatures of the Chairman, and other members of the Election Commission, required for the commencement of the Local Government Election process, has not yet been sent to the Government Press for printing’. The EC has said such notices have to be signed and sent by the relevant Returning Officers in accordance with section 38 of the Local Authorities Election (Amendment Act) No 16 of 2017, and not by the members of the EC.

The EC has confirmed that the notices from the Returning Officers were sent to the Government Press on Monday (30).

The EC’s Media release also points out that the DGI may be unaware that Article 104GG of the Constitution states that if any public official refuses or fails without a reasonable cause to comply with the Commission he or she has committed an offence.

Article 104GG of the Constitution says: (1) Any public officer, any employee of any public corporation, business or other undertaking vested in the Government under any other written law and any company registered or deemed to be registered under the Companies Act, No. 7 of 2007, in which the Government or any public corporation or local authority holds fifty percent or more of the shares of that company, who – (a) refuses or fails without a reasonable cause to cooperate with the Commission, to secure the enforcement of any law relating to the holding of an election or the conduct of a Referendum; or (b) fails without a reasonable cause to comply with any directions or guidelines issued by the Commission under sub-paragraph (a) of paragraph (4) or sub-paragraph (a) of paragraph (5), respectively, of Article 104B, shall be guilty of an offense and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.”

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AKD says no improvement at Sapugaskanda oil refinery since it went into production in 1969

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The capacity of the Sapugaskanda Oil Refinery (SOR) has not increased since it was established in 1969, National People’s Power (NPP) leader Anura Kumara Dissanayake says.

Speaking at a public rally recently he that in 1969, the SOR used the most advanced technology available at the time.

“CPC started construction in 1968 and SOR started operations, refining oil, on August 5th, 1969. During that time, the CPC could refine 50,000 MT of crude oil. 55 years later, the capacity remains the same. In 1969, the CPC started with the most advanced technology available at the time. Technology has improved now. We are still refining oil with 1969 technology,” he said.

Dissanayake said that Sri Lanka built a fertiliser factory to use the byproducts of the refinery and, in 1982, a newspaper reported that 5000 MT of urea, produced by that factory, was exported to Pakistan. Today, that factory is closed.

“The CPC also had a nylon factory, as a subsidiary. We built our own nylon thread fish nets. By-products of the refinery were used as pesticides and insecticides for our pineapple and flower production. Those factories were closed, too. We had a candle industry from the by-products, we produced lubricant oil. It was sold to American Caltex. Refinery produced fuel for airplanes. It has the capacity to sell USD 1.4 million worth airplane fuel per day. We can buy crude oil, refine, and sell to ships. These are opportunities we must use to earn foreign currency. Recently this section of the CPC was privatized,” he said.

The ruling class has failed to secure even the most important assets, he said. Agriculture, land, gems, ilmenite, our natural resources, so will these rulers protect what is left, he asked.

“They have absolutely no plan to build this country. Selling our resources, closing down factories and selling valuable machinery is what they know. Every government has taken part in the destruction of the refinery. This is why we need a change in the economy. We need to transform our economy. Only NPP can do that,” he said.

The NPP leader said that the existing constitution concentrates too much power in the hands of the executive president. Sri Lanka has had this executive presidential system for 40 years and executive power was used against the people, repressing them.

“Our economy was destroyed. It has done no good to this country. One man cannot develop the country. Individuals have capacities and limitations. We need to unite our capabilities to govern this country. It’s a collective effort and the NPP is the only party to undertake it. That’s the point of difference. There are talented people from all fields like history, economy, mathematics, law and so on. There are lawyers, university academics and professionals. The government has to unite these capacities and talents to bring optimum results for the country. NPP will do that. For that we have to abolish executive presidency and rewrite the constitution vesting more powers in the Parliament. We will bring about this change,” he said.

Dissanayake said an NPP administration will limit the number of Ministers to 18. He added that crossovers have distorted the democratic system and corrupted the political culture.

“People vote for them in one party but for money and positions they change political allegiance. This has become a public nuisance. Some MPs demand ransom to stay in the party. We will add a provision to the Constitution to ban crossing over,” he said.

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JVP: Where are President’s influential foreign friends?

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By Rathindra Kuruwita 

President Ranil Wickremesinghe, who assumed duties, claiming that he had very influential friends overseas, now claims he can hardly afford to pay government servants, National People’s Power (NPP) MP Vijitha Herath says.

“If anything, things are worse than before. The government is afraid of the people and is trying to postpone elections,” Herath said, adding that the March 09 local council election would mark the beginning of the end for the Ranil-Rajapaksa administration.

Herath said so addressing an NPP election rally recently.

 “They will no longer be able to pretend that the people are with them. Not that they have any legitimacy, locally or internationally, but the level of their unpopularity will be seen on 10 March,, when the poll results are announced” he said.

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