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BASL slams police over custodial deaths

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Deaths in police custody and torture continued despite Supreme Court interventions, the Bar Association of Sri Lanka (BASL) has alleged.

Demanding tangible measures to address the issues, the BASL has issued the following statement: “We are deeply concerned over a rise in custodial deaths, and criminal activity, in many parts of the country, in recent times. One of the worst crimes in a civilised society under the Rule of Law is custodial deaths.

Our legal system provides for investigation, inquiry, trial and punishment by proper authorities which is the base of democracy and the Rule of Law, and the credibility and transparency of such process must be diligently and fiercely preserved.

In terms of Article 13 (4) of the Constitution, no person shall be punished with death or imprisonment, except by order of a competent court. Hence, even a convicted criminal has a right to his life. Our Superior Courts repeatedly held that the extra-judicial killing of a suspect in police custody violated the right to life, despite the absence of an explicit right to life in the Constitution of Sri Lanka.

In view of repeated violations of fundamental rights of persons in custody causing death, the Supreme Court, on 3rd February, 2023, directed the Inspector General of Police to formulate, issue and implement, guidelines to the police, elaborating the steps that should be taken by each officer to avoid ‘encounter deaths’ in the future.

In spite of such directions given by the Supreme Court, the BASL observes that custodial deaths and torture continues at an alarming rate. The BASL insists that the duty of the State is not only to safeguard the rights of citizens, but also to compensate the victims and punish the violators of law.

Thus, we are of the view that the Government, together with other stakeholders, should impose stricter laws and punishments on errant police officers for misuse of their power and not fulfilling their duties, and draft enforceable guidelines, to prevent the recurrence of custodial deaths. Further, law enforcement authorities should take immediate steps to prevent criminal activity in order to protect our citizens.”



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Former Minister Wijeyadasa Rajapakshe’s son arrested by CIABOC

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It has been reported that Attorney at Law Rakitha Rajapakshe, the son of former Minister of Justice Wijeyadasa Rajapakshe, has been arrested by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) over alleged links with the underworld.

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Proposed EPF-ETF merger harmful to private sector workers – FSP

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Nagamuwa

… alleges NPP trying to implement UPFA, UNP plan

Front-line Socialist Party (FSP) yesterday (24) alleged that the NPP government’s move to amalgamate the Employees’ Trust Fund (ETF) and the Employees’ Provident Fund (EPF), under a unified, tripartite governance framework, would be detrimental to the private sector workers.

Addressing the media at Melder Place, Nugegoda, FSP spokesman Duminda Nagamuwa said that the Cabinet of Ministers approved this proposal on 15 June.

Nagamuwa claimed that the NPP was trying to implement what President Mahinda Rajapaksa had sought to do, in 2011, causing the police to open fire on a group of the Export Processing Zone workers, protesting against the move to create a private pension scheme. A worker, identified as Roshen Chanaka, was shot by police on May 30, 2011, and he succumbed to his injuries.

Pointing out that the EPF and the ETF had been established for the benefit of private sector workers but with different objectives, Nagamuwa warned that amalgamation of the two funds could cause unnecessary complications.

The FSP spokesman said that Ravi Karunanayake, in his capacity as the Finance Minister of the Yahapalana government, in late November 2015 had declared their intention to amalgamate the ETF with the EPF.

FSP’s Pubudu Jayagoda told The Island that they expected all political parties, other than the NPP, to disclose their stand on the vital issue. Jayagoda urged the Opposition to take a stand on the vital issue .

By Shamindra Ferdinando

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Opposition argues that National Environment Amendment Bill is unconstitutional

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Premadasa

The Opposition yesterday argued in Parliament that the National Environment Amendment Bill was unconstitutional. The Opposition said that it violated the 13th Amendment.

SJB and Opposition Leader Sajith Premadasa argued that the approval of the Provincial Councils was required for the Bill to go ahead, as it was a subject in the Concurrent List of powers as per the 13th Amendment to the Constitution.

The MP also said that the clause which enables the Central Government to file legal actions against Local Government bodies was unconditional as well, since local bodies are included in the Provincial Councils list.

“How can you go ahead at a time when the Provincial Councils do not function properly,” Premadasa questioned.

ITAK MP P. Sathyalingam also raised the issue, but Speaker Jagath Wickramaratne, who responded, said the MPs could raise the relevant matters during the debate.

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