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HRCSL: No prisoners were used in 09 May attacks on protesters

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AG, CJ asked to take action against lawyer for triggering violence

The Human Rights Commission of Sri Lanka (HRCSL) has declared that a false allegation by President of the Committee for Protecting Rights of Prisoners (CPRP) Attorney-at-Law Senaka Perera that some prisoners were used to attack anti-government protesters outside Temple Trees and at Galle Face on 09 May triggered violence in many parts of the country.

The HRCSL also faulted Sudesh Nadimal Silva also of the same organisation for propagating unsubstantiated allegations.

Justice (ret.) Rohini Marasinghe, in her capacity as the Chairperson of the HRCSL, said that both Senaka Perera and Sudesh Nandimal had failed to substantiate their allegations made at the Galle Face protest site on 10 May.

The HRCSL, in a statement issued yesterday (29) quoted Justice Marasinghe as having said: “False propaganda as well as misinformation of the alleged use of Prisoners to have attacked the innocent protesters is both a diabolical lie and a deceitful action.”

The HRCSL has recommended that Attorney General Sanjaya Rajaratnam conduct a further investigations into allegations made by Senaka Perera and take necessary action

The HRCSL has requested Chief Justice Jayantha Jayasuriya, PC, to take note of the detrimental statements made by Attorney-at-Law Senaka Perera and take due action.

The HRCSL consists of Ven. Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan.

The HRCSL dealt with the issue in a statement titled ‘The HRCSL condemns the false media broadcast made by the President of the Committee for Protecting Rights of Prisoners’.

The HRCSL issued the statement after the conclusion of a special investigation by an appointed committee of investigators (Col).

CoI consisted of Sanjeewa Weerawickrama, Attorney -at- Law, Miss. lmasha Senadeera, Attorney-at-Law and Dr. Dilshani Bogollagama.

Referring to allegation that prisoners had been used to attack protesters at protest sites at Galle Face and Temple Trees, the HRCSL said that the CoI determined that no prisoners had been used in perpetrating any attack on the peaceful protesters.

The HRCSL asserted that the unsubstantiated allegations caused an irreversible damage to the country.

The HRCSL said that a group of prisoners had been seriously assaulted and subjected to mental and physical torture by an unidentified group on 09 May.

The HRCSL stated: “The unprecedented ruthless nature of the attack on prisoners and officials resulted in injuries and hospitalization of many inmates.” Since the incidents, eight prisoners hadn’t been accounted for so far, it has said.

The prisoners had been made available to the private sector enterprises in terms of an agreement endorsed by the Cabinet of Ministers in Oct 2021. On the day of the incidents, a group of prisoners had been taken to a designated work place and were on their way back when gangs intercepted them.

“Attorney at Law Mr. Senaka Perera, the convener of the conference identified himself as a Human Rights Activist. The COI provided the CPRP president Mr. Senaka Perera with the opportunity to justify his statements that caused an outrage in both Sri Lanka and the World at large. For the purpose of submission of any evidence, in either oral statements or picture documentation in support of his statements, Mr. Perera was extended a justifiable time period. However, he expressly affirmed before the Committee that at the time of the statement or even thereafter he did not have any tangible evidence in favor of his expressed views in regard to the alleged incident. Mr. Sudesh Nadimal Silva was also summoned to give evidence before the COl. The Committee explaining the paramount importance of the maintenance of professional ethics provided Mr. Sudesh Nadimal Silva with the opportunity to provide a justifiable explanation for his expressed allegations. However, he was unable to provide any acceptable evidence in support of his statements.

The COI observed that the press conference which was chaired by M. Senaka Perera had dispensed totally false statements without any sustantive evidence.

“Following the above-mentioned facts, the COI has identified the grave consequences of the negligent attitude of making unfounded statements. Inciting agitation in the general public against state departments and personnel has inadvertently led to disruptions to the law and order of the Country.

“The COI further observed that these inaccurate declarations conveyed by the above speakers directly contributed to the series of violent activities and right violations, reported island wide. The combined result of the atrocities that occurred within a mere 48 hours resulted in the loss of 12 human lives with several hundred injured casualties. In addition, intentional damage and arson to both public and private properties surmount to the loss of billions of rupees.

“After a thorough and diligent inquiry, the COI has arrived at the following conclusions. The highly irresponsible misconduct by the Attorney-of-Law Senaka Perera, with his speculative allegations with no substantiated evidence, resulted in disastrous consequences.

“Hence, it is of paramount importance that members of professional bodies need to be guided by the code of conduct or the professional ethics as set out by the respective professional bodies for the due conduct of the members. These conditions of misconduct from individuals of representation and influence should be held accountable by the respective professional bodies.

It is the view of the COI that national media institutions must consciously adhere to responsible reporting and promote journalism with integrity, especially during this volatile period of both political and economic instability. This tantamount to avoidance of direct reporting of incidence without due assessment of this veracity and credibility. The Committee further advocates promotion of investigative journalist practices with the objective of strengthening the democratic fabric of the Country.”



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About Rs 3 bn paid as OT during past few months

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Overtime gravy train for CPC refinery workers:

By Saman Indrajith

About Rs. 3,000 million had been paid as overtime for the employees of the Ceylon Petroleum Corporation oil refinery, during the past few months, Parliament was told yesterday.

Power and Energy Minister Kanchana Wijesekera said that he had asked for a detailed report as to whom and on what grounds the overtime payments had been made and it would be submitted to Parliament.

Fielding a question asked by Chief Opposition Whip, Kandy District SJB MP Lakshman Kiriella, Minister Wijesekera said instructions had been issued to regulate overtime.

MP Kiriella demanded to know why overtime had been paid to employees of an institution that had been shut down. “There are reports that over Rs 4,000 million has been paid as overtime to the workers of the refinery that was not functioning owing to the non-availability of crude oil. This is a crime,” Kiriella said.

Minister Wijesekera: “I made inquiries after I saw newspaper reports on payment of overtime to refinery workers. I inquired from the Finance Manager of the CPC. I was told that a sum between Rs 2.5 billion to Rs 3 billion had been paid as overtime. The refinery was not closed during the months of March and April. It was closed only during the last month. They had issued refined fuel on all seven days of the week continuously. When an institution operates full time in such a manner the employees would have to be paid for their overtime work. However, I admit that could have been done with some level of management in the payment process,” the Minister said.

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Wigneswaran claims RW accepted all his demands

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Head of the Thamil Makkal Thesiya Kuttani (TMTK), C. V. Wigneswaran told the media recently that President Ranil Wickremesinghe had agreed to all demands he had made, including the release of Tamil ‘political prisoners’, to secure his vote during last month’s Parliament election, to elect a President.

He made this statement following a meeting with the President in Colombo to discuss the establishment of an all-party government.

“We have made several requests and if the President is ready to comply with them, we will consider taking part in the all party government,” he said.

“We met him when he was Prime Minister. Before the parliamentary vote to elect the President, I made these demands and he agreed to them. That is why I voted for him. Now, it is for him to keep his promises. I am here to remind him of this,” Wigenswaran said.

Wickremesinghe, as the Prime Minister in the yahapalana government, vehemently denied that there were Tamil ‘political prisoners’ in the country. (RK)

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MPs are not immune from country’s laws – SJB

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By Saman Indrajith

Opposition Leader Sajith Premadasa told Parliament yesterday that the MPs were not immune from the Penal Code despite the Parliamentary Powers and Privileges Act.

Premadasa said Cabinet Spokesman Minister Bandula Gunawardane had claimed that incidents in Parliament could not be dealt with under the regular law.

“This claim sends the wrong message to people. Aren’t the provisions of the Penal Code or the Offences against Public Property Act applicable to the MPs? There were incidents in this Chamber during the 52-day coup conspiracy; some MPs damaged public property. There were investigations by the CID and also by Parliament.

The Secretary General announced the cost of the damage. When the process was on to prosecute those MPs responsible for the damage, political influence was exerted on the CID not to file cases against the culprits. It is against this background that Minister Gunawardane, in his position as the Cabinet spokesman, makes this false claim. His statement is sending a message saying that there is one law inside the Parliament and another outside it.

“He also claims that the Speaker decides whether these laws are applicable to Parliament or not,” Premadasa said.

Colombo District SJB MP Mujibur Rahuman said that people were already against the MPs and this new wrong message would further exacerbate their anger against elected members. “The Cabinet Spokesman says that the MPs have a different set of laws while the people are dealt with by the country’s laws. That is wrong. We are also liable for criminal offences that we commit,” Rahuman said.

“The CID conducted an investigation and was prepared to file cases, but that was prevented through political influence. The Cabinet Spokesman’s statement is fueling public hatred towards the MPs. Please, request the Cabinet Spokesman to refrain from making such statements,” he said.

Minister Gunawardane said that he was only responding to a question raised by a journalist and the question was about fairness of cracking down on protesters for destroying public property, during anti-government protests, when MPs, who damaged Parliament, property under the former government, are yet to be apprehended.

Minister Gunawardane said as a public representative in Parliament for the last 33 years he had only explained that the law would be implemented against those engaged in violent activities during peaceful protests.

“I said MPs had Parliament privileges and the Parliament law. I also explained that MPs attending Parliament cannot be arrested as they are engaged in legislative activities,” he said.

Chief Opposition Whip, Kandy District MP Lakshman Kiriella, said that the MPs had no such legal immunity. and Parliament privileges only cover MPs from being arrested while they are on their way to attend and when they leave Parliament. “Therefore, there is no law that says they are exempt from other laws of the country,” Kiriella said.

Speaker Mahinda Yapa Abeywardena, agreeing with Chief Opposition Whip Kiriella, said that all other laws in the country applied to the MPs.

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