Connect with us

News

Civil society demands end to deaths in police custody

Published

on

‘Autopsies on Mahara victims revealed ugly truth’

By Shamindra Ferdinando

Senior lawyer Senaka Perera yesterday (29) said that the government owed an explanation as regards deaths in police custody.

Perera said that the latest killing in police custody had taken place in the Veyangoda police area in the early hours of Monday (28).

Responding to The Island queries in this regard, Perera, who heads the Committee for Protecting Rights of Prisoners said that the police couldn’t justify the killing of 37-year-old Nishantha Kumarasiri of Bandagagoda Road, Veyangoda at Halgampitiya, Veyangoda in the early hours of Monday.

Asking how a handcuffed suspect could try to strangle a police driver, Perera said it was a familiar narrative.

The police claimed that they had been left with no alternative but to shoot the suspect, who attacked the police driver.

The police detained Kumarasiri over the gruesome crime of severing the arms and legs of a person who allegedly tipped off the police about his nefarious activities. The limbless father of three children is now recovering in a hospital. After committing the dastardly deed, Kumarasiri and his accomplice had even carried off one of the limbs of the victim. Police spokesperson DIG Ajith Rohana said that there were three High Court cases pending against Kumarasiri, obviously pointing to the fact that he was no angel.

While not justifying killing of violent criminals in custody here, an independent observer, however said far more unarmed innocent Negroes and other minority group members running to hundreds were gunned down by police forces in the bastion of democracy, the USA each year with impunity as the entire system there was geared to cover up such killings. And only in this year that civil society groups and media there really started agitating against such killings for the world to hear, he said.

Lawyer Perera also questioned the controversial practice of taking suspects out of police stations and other detention facilities in the middle of the night or in early hours to recover weapons stashed away by such desperados conveniently hardly seen  by anyone, but the police accompanying them.

Kumarasiri had been taken to Halgampitiya, Veyangoda around 3.30 am, the civil society activist said, pointing out the previous death in police custody took place in the early hours of Oct 20, this year when the police claimed Madush Lakshitha alias Makandure Madush was killed during a confrontation between law enforcement personnel and the underworld in the Maligawatte police area.

Lawyer Perera said that the Justice Ministry, the Attorney General, the Bar Association of Sri Lanka (BASL), Human Rights Commission of Sri Lanka as well as Police Headquarters should take tangible measures to prevent deaths in police custody. The Parliament should inquire into deaths in Police custody as well as in Prisons, lawyer Perera said, pointing out the recent revelation that eight suspects previously described as victims of clashes among Mahara prisoners were killed in gunfire.

No less a person than the State Minister in charge of Prisons, Lohan Ratwatte declared in parliament on Dec 3 all 11 Mahara deaths were due to clashes among prisoners. Responding to another query, lawyer Perera said that autopsies of the three remaining victims would be revealed soon.

Lawyer Perera said that his organization recently complained to the Chief Justice, the AG and the BASL regarding the position taken up by the State Counsel at the Wattala Magistrate court where the Mahara case was being heard. The lawyer alleged that attempts were being made to silence them by calling those who represented prisoners NGO operatives.

According to Perera the killing of those in police or Prisons custody and subjecting them to inhuman treatment violated 13 (3) of the Constitution. In spite of their efforts, suspects had been eliminated under controversial circumstances and the killing Makadure Madush and Kumarasiri in October and Dec this year proved those in authority turned a blind eye to what was going on.

The Island sought a clarification from Justice Minister Ali Sabry, PC on deaths in police custody. Minister said that the police didn’t come under his purview though he would take it up with the Attorney General.

The Island also sought the BASL’s opinion on the matter from its President Kalinga Indatissa, PC. However, at the time of going to press, The Island couldn’t obtain the BASL’s response.

Counsel Perera said that extra judicial killings couldn’t be condoned under any circumstances. The police couldn’t decide the fate of suspects/prisoners, he said urging the Parliament to intervene in what he called a matter of utmost importance.

The civil society activist said that if not for their efforts those in authority could have easily cremated the bodies of Mahara prisoners on the basis they tested corona positive. Had that happened autopsies wouldn’t have revealed the ugly truth that all of them died as a result of gunshot injuries.

The Mahara case is scheduled to be taken up at the Wattala Magistrate court today (30).

Lawyer Perera said that the massacre  during the Welikada prison riot in 2014, when even a STF DIG was shot and injured by rioting prisoners, after they armed themselves by breaking into an armoury there, proved how brutal the State crackdown could be. Wrongdoers should be dealt appropriately in terms of the law, lawyer Perera claimed, urging the political leadership to rein in the police.

Asked whether they would complain to the HRCSL, lawyer Perera said that the body had been politicized and weakened to such an extent the public couldn’t depend on it.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

Landslide Early Warnings issued to the Districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya

Published

on

By

The Landslide Early Warning Center of the the National Building Research Organaisation [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya for a period of 24 hours effective from 1200 noon today [07th January].

Accordingly,
LEVEL III RED landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Udadumbara in the Kandy district, and Nildandahinna and Walapane in the Nuwara Eliya district.

LEVEL II AMBER landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Kandaketiya in the Badulla district, Wilgamuwa in the Matale district, and Mathurata and Hanguranketha in the Nuwara Eliya district.

LEVEL I YELLOW landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Meegahakiwula, Lunugala, Welimada, Passara, Badulla and Hali_Ela in the Badulla district, Doluwa in the Kandy district,Ambanganga Korale in the Matale district, and Bibile in the Monaragala district

Continue Reading

News

Prez seeks Harsha’s help to address CC’s concerns over appointment of AG

Published

on

Chairman of the Committee on Public Finance (CoPF), MP Dr. Harsha de Silva, told Parliament yesterday that President Anura Kumara Dissanayake had personally telephoned him in response to a letter highlighting the prolonged delay in appointing an Auditor General, a vacancy that has remained unfilled since 07 December.

Addressing the House, Dr. de Silva said the President had contacted him following the letter he sent, in his capacity as CoPF Chairman, regarding the urgent need to appoint the constitutionally mandated head of the National Audit Office. During the conversation, the President had sought his intervention to inform the Constitutional Council (CC) about approving the names already forwarded by the President for consideration.

Dr. de Silva said the President had inquired whether he could convey the matter to the Constitutional Council after their discussion. He stressed that both the President and the CC must act in cooperation and in strict accordance with the Constitution, warning that institutional deadlock should not undermine constitutional governance.

He also raised concerns over the Speaker’s decision to prevent the letter he sent to the President from being shared with members of the Constitutional Council, stating that this had been done without any valid basis. Dr. de Silva subsequently tabled the letter in Parliament.

Last week, Dr. de Silva formally urged President Dissanayake to immediately fill the Auditor General’s post, warning that the continued vacancy was disrupting key constitutional functions. In his letter, dated 22 December, he pointed out that the absence of an Auditor General undermines Articles 148 and 154 of the Constitution, which vest Parliament with control over public finance.

He said that the vacancy has severely hampered the work of oversight bodies such as the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE), particularly at a time when the country is grappling with a major flood disaster.

As Chair of the Committee responsible for overseeing the National Audit Office, Dr. de Silva stressed that a swift appointment was essential to safeguard transparency, accountability and financial oversight.

In a separate public statement, he warned that Sri Lanka was operating without its constitutionally mandated Chief Auditor at a critical juncture. In a six-point appeal to the President, Dr. de Silva emphasised that an Auditor General must be appointed urgently in the context of ongoing disaster response and reconstruction efforts.

“Given the large number of transactions taking place now with Cyclone Ditwah reconstruction and the yet-to-be-legally-established Rebuilding Sri Lanka Fund, an Auditor General must be appointed urgently,” he said in a post on X.

By Saman Indrajith

Continue Reading

News

Govt. exploring possibility of converting EPF benefits into private sector pensions

Published

on

The NPP government was exploring the feasibility of introducing a regular pension, or annuity scheme, for Employees’ Provident Fund (EPF) contributors, Deputy Minister of Labour Mahinda Jayasinghe told Parliament yesterday.

Responding to a question raised by NPP Kalutara District MP Oshani Umanga in the House, Jayasinghe said the government was examining whether EPF benefits, which are currently paid as a lump sum at retirement, could instead be converted into a system that provides regular payments throughout a retiree’s lifetime.

“We are looking at whether it is possible to provide a pension,” Jayasinghe said, stressing that there was no immediate plan to abolish the existing lump-sum payment. “But we are paying greater attention to whether a regular payment can be provided throughout their retired life.”

Jayasinghe noted that the EPF was established as a social security mechanism for private sector employees after retirement and warned that receiving the entire fund in a single installment could place retirees at financial risk, particularly as life expectancy increases.

He also cautioned that interim withdrawals from the EPF undermined its long-term sustainability. “Even the interim payments that are given from time to time undermine the ability to give security at the time of retirement,” he said, distinguishing the EPF from the Employees’ Trust Fund, which provides more frequent interim benefits.

Addressing concerns over early withdrawals, the Deputy Minister explained that contributors have been allowed to withdraw up to 30 percent of their EPF balance since 2015, with a further 20 percent permitted after 10 years, subject to specific conditions and documentary proof.

Of 744 applications received for such withdrawals, 702 had been approved, he said.

The proposed shift towards an annuity-based system comes amid broader concerns over Sri Lanka’s ageing population and pressures on retirement financing. While state sector employees receive pensions funded by taxpayers, including EPF contributors, the EPF itself has been facing growing strain as it is also used to finance budget deficits.

Jayasinghe said the government’s focus was to formulate a mechanism that would ensure long-term income security for private sector employees, placing them on a footing closer to a pension scheme rather than a one-time retirement payout.

Continue Reading

Trending