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Ex-MP backs BASL chief’s call for domestic war crimes probe

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The Anura Kumara Dissanayake-led peoples’ government and the country’s armed forces must consider seriously the advice given by President’s Counsel Anura Meddegoda, in his capacity as the new President of the BASL, former State Counsel and ex- parliamentarian M. M. Zuhair said in a statement issued over the weekend.

Declaring that Sri Lanka must investigate alleged war crimes through a domestic mechanism, Meddegoda had said, “If war crimes aren’t investigated (here), even political leaders might face travel restrictions”.

Zuhair stated: “In my view, not only political leaders but also investigators, prosecutors and even judges and their families, who fail to uphold human right laws, may get exposed not only for international travel restrictions but also for other forms of legal harassment. Anura Meddegoda PC had served for nearly a decade assisting the International Criminal Court (ICC)

Geneva with reference to the human rights violations in the 1990s in the former Yugoslavia. Prior to that, he had served in the Attorney General’s Department of Sri Lanka for nearly two decades. He is also the current President of the Bar Association of Sri Lanka (BASL), though his views have been made in his personal capacity. He is spot on when he says Sri Lankan political leaders can be prosecuted in the ICC for alleged war crimes, even though we are not parties to the Rome Statute.

It is understandable that the three-member new Cabinet may not have had reasonable time to give fresh ‘course changing’ directions to the Foreign Ministry, which continued the former governments’ policy on the matter at the United Nations Human Rights Council’s (UN HRC) sessions, concluded on Friday 11th October 2024. The government must, as advised, opt for ‘internal investigations of war crimes’ and avoid external interference as a matter of priority soon after the 14/11 General Elections. A genuine domestic investigation into the war crimes alleged against the armed forces as well as the LTTE and prosecutions of suspected offenders will help clear the armed forces from the oft repeated accusations of war crimes alleged against the country. Prosecutions of offenders, if any, will bring to an end, the otherwise much more harmful consequences of the HRC set up special mechanism on Sri Lanka, which is already engaged in monitoring, collecting and reporting on the situation of human rights in Sri Lanka. At the just concluded Geneva sessions, the HRC has not only extended the period for collection of evidence but has also decided to ‘reinforce’ the HRC’s capacity to collect evidence of Sri Lanka’s HR violations.

Instead of rejecting outright the HRC resolution 51/1, domestic investigations and prosecutions, as suggested by Meddegoda, would certainly be in the national interest, given also the fact that the powerful core group pushing the war crimes allegations in the international fora includes the United States, the United Kingdom and Canada amongst others. More importantly, in order to overcome our economic plight, we need to work with the Western controlled international financial institutions.

ICC prosecutions will be in addition to possible arrest and prosecutions under the extra territorial jurisdictions envisaged by the UN HRC in any country that chooses to prosecute, with evidence being collected not only of war crimes but also all other reported cases of human rights violations, based on Sri Lankan constitutional provisions as well as under international human rights and humanitarian laws as the prosecuting country decides. The government must change course in the UNHRC on war crimes issues. A local investigation of allegations does not mean admission of war crimes!

There is no point at that time of screaming that Israel is not being prosecuted for far more serious crimes of genocide and apartheid in Palestine.”



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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