News
HRC Chief asks whether Speaker’s claim of external intervention is an issue of national importance
By Shamindra Ferdinando
Chairman of the Human Rights Commission, Justice L.T.B. Dehideniya yesterday (03) said that Speaker Mahinda Yapa Abeywardena’s recent disclosure of external intervention in Aragalaya could be inquired into only if he received a complaint about it.
The retired Supreme Court Justice said so when The Island asked him whether the Commission would take into consideration Speaker Abeywardena’s confirmation of external interventions in the public protest campaign that forced President Gotabaya Rajapaksa out of office in July 2022. Dehideniya said that they were confronted with the question whether HRC could furnish recommendations in respect of such external interventions. He stressed that the HRC examined violations committed by the government.
The HRC held a media briefing at the Sri Lanka Foundation to explain the work carried out by the institution. In addition to justice Dehideniya, Commissioners, Attorney-at-Law Nimal Punchihewa (Investigations), Prof. Thaiyamuthu Thanaraj (Education and Training), Prof. Fathima Haniffa (Research) and Dr. Gehan Gunatilleke (Foreign Relations) briefed the media as regards their respective sections.
President Ranil Wickremesinghe appointed the new HRC in early July last year.
Attorney-at-Law Nimal Punchihewa explained the investigations undertaken into incidents that occurred on May 09/10, 2022. Punchihewa, who previously served as the Chairman of the Elections Commission, said that he was also inquiring into the failure on the part of the police and the military to pre-empt organized attacks across the country.
The Island sought an explanation from Justice Dehideniya against the backdrop of Punchihewa’s account of the inquiries already under way. Declaring that investigations have been completed to a large extent, Punchihewa said that the process would take some more time as there were some individual cases. HRC launched investigations into Aragalaya during the previous HRC headed by former judge Rohini Marasinghe.
Having explained how HRC dealt with violations, Justice Dehideniya said that they could intervene without a complaint if the issue was of national importance, an issue with social responsibility or an issue that would decide life or death of a person/s. Justice Dehideniya asked whether the issue raised here was serious enough to warrant HRC’s intervention on its own.
The Island reiterated that the issue raised was of national interest as the Speaker said so in Parliament. Justice Dehideniya asked how could HRC intervened when the Speaker said his life was in danger when members of Parliament could freely expressed their opinion under parliamentary privileges.
Justice Dehideniya explained the HRC couldn’t do anything about Parliament discarding its recommendations pertaining to a Bill. The HRC Chairman said so in response to The Island query what could he do when Parliament ignored recommendations made in respect of the controversial Online Safety Bill. Once enacted even the Supreme Court couldn’t intervene, Justice Dehideniya said, pointing out that a case filed in the Supreme Court in this regard was dismissed.
Justice Dehideniya said that though they couldn’t intervene following the enactment of the Online Safety Act, the HRC informed Speaker Abeywardene that Supreme Court recommendations, pertaining to that particular Bill, were not included.
Towards the tail end of the briefing, Dr. Gehan Gunatilleke said that some of their recommendations were accommodated. Justice Dehideniya and Dr. Gunatilleke explained the difference in their mandate in dealing with the government and other parties.
In respect of HRC recommendations issued pertaining to a complaint that had been investigated, the parties to the dispute could be summoned and tangible action taken to ensure the implementation, Justice Dehideniya said. In case of disagreement regarding the implementation of recommendations, the HRC could bring the matter to the attention of the President, Justice Dehideniya added.
Justice Dehideniya assured that the HRC would stand by the media though it was their responsibility to operate within the law, thereby prevent government interventions.
News
Lanka enters new phase of prosecutions as hurdles clear
MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.
Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.
An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.
President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.
In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.
Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne
— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.
SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.
Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.
Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.
Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.
She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.
At the time, the family spokesman said she was due to return in three days.
“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.
“We have cleared the legal hurdles to press ahead with more arrests,” he said.
“We are working on a few administrative issues which will be resolved very soon.”
The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.
News
Police warn: Court evaders face property seizure
Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.
Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.
The proclamation must allow the person at least 30 days to appear before court, Police said.
If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.
This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.
News
Nearly 20 Iranian tankers stranded off Lanka amid US sanctions
Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.
According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.
The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.
The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.
Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.
The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.
Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.
Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.
Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.
The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.
Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.
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