News
HRCSL head vacancy: BASL urges Prez to appoint distinguished person
The Bar Association of Sri Lanka (BASL) has requested President Gotabaya Rajapaksa to appoint as chairperson of Human Rights Commission of Sri Lanka a person is one who is distinguished in the field of human rights and the law, and whose appointment will be acceptable to a wide cross-section of the Sri Lankan community.
The BASL in a statement titled ‘Nomination of the chairperson of the Human Rights Commission of Sri Lanka’ said: “Following the resignation of the Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) Dr. Jagath Balasuriya, the Bar Association of Sri Lanka (BASL) wishes to highlight the importance of this office and the need to appoint a person to the said office who will be widely accepted by the community. The Human Rights Commission which was established by Act No. 21 of 1996 plays an important role in the promotion and protection of human rights in Sri Lanka.
“Since its inception the HRCSL has been chaired by persons who have distinguished themselves in the fields of human rights and law. Prior to 2020, the Chairpersons of the Commission were Justice O.S. M. Seneviratne (retired Judge of the Supreme Court); Faisz Mustapha PC; Dr. Radhika Coomaraswamy; Justice P. Ramanathan (retired Judge of the Supreme Court); Justice S. Ananda Coomaraswamy (retired Judge of the Supreme Court); Justice Priyantha Perera (retired Judge of the Supreme Court) and Professor Deepika Udagama. As Your Excellency will note the Chair of the HRCSL have been held by either retired Judges of the Supreme Court or those who have been renown in Sri Lanka and internationally for their professional and academic work on human rights.
“As Your Excellency is aware, among the many functions of the HRCSL are to inquire into, and investigate, complaints regarding procedures, with a view to ensuring compliance with the provisions of the Constitution relating to fundamental rights and to promoting respect for, and observance of, fundamental rights and to advise and assist the government in formulating legislation and administrative directives and procedures, in furtherance of, the promotion and protection of fundamental rights and to make recommendations to the Government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards.
“In May 2018, the Human Rights Commission of Sri Lanka was designated an ‘A’status human rights commission by the Global Alliance of National Human Rights institutions (GANHRI) the global forum of National Human Rights institutions (NHRI).’A’Grade status is based on compliance with the Paris Principles (1993) adopted by the UN General Assembly as the global standards by which the credibility and effectiveness of a NHRI is to be assessed.
“One of the main requirements under the Paris Principles is the political independence of a national institution, both in law and practice. The process of selection and appointment of members, the removal procedure as well as whether an institution demonstrates political independence in practice are closely scrutinized.
“In addition, a national institution must reflect the diversity in society, possess a broad mandate that permits protection of internationally recognized human rights, have adequate powers of inquiry, and be adequately resourced.
“As such the composition and leadership of the Human Rights Commission of Sri Lanka is an important measure of the human rights situation in the country and it is important that the person who is appointed as Chairperson is one who is distinguished in the field of human rights and the law and whose appointment will be acceptable to a wide cross-section of the Sri Lankan community.
“We trust that Your Excellency will consider the above in submitting the relevant nomination to the Parliamentary Council.”
News
Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds
Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.
Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.
The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.
The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.
Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.
Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.
By Shamindra Ferdinando
News
Former Minister Nalin raises defence of double jeopardy
The Court of Appeal yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.
The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.
Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.
Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.
He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.
The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.
The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.
The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.
Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.
News
UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage
The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.
In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.
According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.
The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.
Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.
The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.
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