Seven United Nations human rights experts on Dec 9 have published five benchmarks that are “necessary prerequisites” for making the law compliant with Sri Lanka’s international human rights obligations, the Human Rights Watch said in a report.
Meenakshi Ganguly, South Asia Director of the Human Rights Watch in her report said Sri Lankan President Gotabaya Rajapaksa carries little credibility when he tells foreign diplomats he will reform the country’s Prevention of Terrorism Act (PTA).
“After all, earlier this year, he acted to make the law, which permits long-term detention without trial, more repressive, not less,” Ganguly noted.
Amid growing domestic and international pressure, his administration set up a committee to propose amendments to the PTA, chaired by Defense Secretary Kamal Gunaratne, a retired general whose forces were implicated in war crimes. The draft has not been released, but comments by the justice secretary seem to rule out meaningful civil society consultations.
Sri Lankan activists have been scathing about the process, pointing out in a joint statement that reported revisions “already exist in law and do not address any of the shortcomings in the PTA that enable grave human rights violations.”
Like Sri Lankan activists, the United Nations human rights experts have also called for an immediate moratorium on the PTA’s use.
The South Asia Director says the matter is all the more relevant as the European Union is conducting an assessment of Sri Lanka’s compliance with its human rights obligations. The country’s tariff-free access to the EU market depends on a trade scheme called GSP+. When Sri Lanka regained GSP+ in 2017, it pledged to repeal or reform the PTA, among many other rights commitments that remain unfulfilled.
“A European Parliament resolution in June and the GSP+ assessment have created unprecedented momentum for meaningful human rights reform in Sri Lanka. But the outcome will ultimately depend on the EU’s level of ambition and assertiveness. The EU should not allow itself to be hoodwinked by a sham PTA reform.”
“As respect for human rights in Sri Lanka has been declining alarmingly under President Rajapaksa, Brussels has an historic opportunity to help reverse this trend and press the government to meet its human rights obligations,” the HRW said.
“The EU should also work with international partners – the United States this month sanctioned two more Sri Lankans linked to grave rights violations – and act to prevent further abuses in Sri Lanka,” South Asia Director of the Human Rights Watch said.
NGO to move SC against acquittal and discharge of first accused
Welikada Prison killings
‘The BASL should make its position clear now’
By Shamindra Ferdinando
Chairman of the Committee to Protect the Rights of Prisoners, Attorney-at-Law, Senaka Perera, says his outfit will soon move the Supreme Court against the acquittal and discharging of Inspector Neomal Moses Rangajiva, the first accused in the Welikada Prison killings.
The civil society activist, in a brief interview with The Island, over the weekend, said that the relatives of those who perished in the violence in the Welikada Prison compound on Nov 09 and 10, 2012, had requested him to pursue this matter.
Colombo High Court Trial-at-Bar last Wednesday (12) sentenced to death ex-Welikada Prisons Chief Lamahewage Emil Ranjan over the Welikada killings. He was the second accused in the high-profile case, whereas Rangajiva, at that time attached to the Police Narcotics Bureau (PNB), was acquitted and released from all charges.
Lawyer Perera said that as the verdict had been given by a Trial-at-Bar, the appeal would have to be made to the Supreme Court. The Trial-at-Bar bench comprising High Court judges Gihan Kulathunga (President), Pradeep Hettiarachchi and Manjula Thilakarathna was unanimous in its decisions.
The Trial-at-Bar said that the prosecution failed to prove its case against the PNB officer beyond reasonable doubt.
Responding to questions, Senaka Perera said that if it hadn’t been a Trial-at-Bar, his group would have moved the Court of Appeal. Senaka Perera explained: “We intend to write to Attorney General Sanjay Rajaratnam, PC, in this regard. We are of the view the AG should appeal against the acquittal and discharging of Rangajiva. However, if the AG refrained from doing so, the Committee to Protect the Rights of Prisoners will accept the responsibility.”
In terms of the Trial-at-Bar proceedings, the eight prison inmates who were killed in the incident are Kankanmalage Malinda Nilendra Pelpola alias Malan, Attapattu Sangakkara Nirmala Atapattu, Mohammed Wijaya Rohana alias Gundu, Chinthamani Mohottige Thushara Chandana alias Kalu Thushara, Asarappulige Jothipala alias Ponna Kapila, Harshan Sri Manakeerthi Perera alias Manju Sri, Raigamage Susantha Perera alias Mala Susantha, Devamullage Malith Sameera Perera alias Konda Amila.
However, lawyer Senaka Perera said that altogether 27 inmates had been killed after the deployment of the Special Task Force (STF) and the Army inside the Welikada Prison. According to official records, in addition to 27 deaths, at least 43 other inmates received injuries. The then Prisons Minister Chandrasiri Gajadeera informed Parliament of the deaths of 27 inmates.
The then Police Spokesman SSP Prishantha Jayakoday said that inmates had triggered violence as the STF was looking for drugs and hand phones inside the prison.
The Attorney General filed indictments against IP Rangajeewa, Lamahewage Emil Ranjan and Indika Sampath, an officer attached to the Prisons intelligence unit under 33 counts, including committing murder, conspiring to commit murder after being members of an unlawful assembly.
The Court proceeded in spite of the third accused Indika Sampath who managed to evade the police so far.
The human rights activist recalled how Chief Justice Jayantha Jayasuriya, PC, named a Trial-at-Bar to hear the Welikada case on a request made by Rajaratnam’s predecessor, Dappula de Livera, PC. The latter made the request in late June 2019. Rajaratnam succeeded de Livera in late May 2021.
The Prisons Department and the Justice Ministry couldn’t absolve themselves of the responsibility for ensuring safety and security of those in their care, lawyer Senaka Perera said. Those who had been remanded and sentenced could be serious offenders and some may even deserve a death sentence but the State shouldn’t under any circumstances resort to extra judicial measures, the public litigation activist said.
Lawyer Senaka Perera said that he believed the Bar Association of Sri Lanka (BASL) should examine the Welikada case and make its position known to the public. “Perhaps, the BASL, too, should consider moving the SC against the acquittal and discharging of the first accused,” the lawyer said.
Lawyer Senaka Perera said that before the former AG made an intervention the progress in investigations had been slow. In fact, real progress was made since 2017, two years after the change of government following the 2015 presidential election, the lawyer said, alleging that the powers that be continuously hindered the investigations.
According to lawyer Perera and other sources, there had been four separate investigations at different levels beginning with the one launched by the Criminal Investigations Department (CID) immediately after the Welikada killings. Subsequently the then Prisons Minister the late Chandrasiri Gajadeera named a three-member team to inquire into the Welikada killings. The committee comprising retired High Court judge Bandula Atapattu, retired DIG Gunasena Thenabadu and Prisons Ministry Legal Officer Lalith Andrahannadi produced two reports in Feb 2013 and Nov 2013. There had been two other investigations ordered by the then Prisons Chief P.W. Kodipillai and the Human Rights Commission.
Lawyer Senaka Perera said that the four investigations undertaken during the Rajapaksa administration should be examined. The lawyer emphasized the importance of appraisal of the investigations as the Trial-at-Bar declared that the progress had been made only since 2017.
In addition to those four investigations, there had been another report prepared by the three-member committee comprising retired High Court judge Wimal Nambuwasam, retired Senior DIG Asoka Wijeyatilleke and senior public servant S.K. Liyanage. Appointed on January 22, 2015, less than two weeks after the presidential election, the committee handed over its report to the then Prime Minister Ranil Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, on June 09, 2015 as the latter appointed it.
Lawyer Perera said that the former Prisons Chief claimed that the inmates after having broken into the Prisons armoury seized weapons, including machine guns.
The activist pointed out that the 2012 incidents were the worst since the 1983 massacre of Tamil terrorist suspects. The public have lost faith in law enforcement authorities and the political leadership regardless of the party that held power, the lawyer said. There couldn’t be better example than how the current dispensation handled the then State Minister for Prisons Lohan Ratwatte’s ‘raids’ on Welikada and Anuradhapura prisons in September last year.
The report prepared by retired High Court judge Kusala Sarojini Weerawardena into the incidents involving Ratwatte should be made public as the police were yet to at least record the State Minister’s statement, lawyer Perera said.
China donates shipment of rice to Sri Lanka
By Anura Balasuriya
China will soon send a shipment of rice to Sri Lanka as a donation, a Ministry of Trade spokesman said.
The donation comes in the wake of the 70 year anniversary of the Sri Lanka – China Rubber Rice pact on 1952.
Minister of Trade Bandula Gunawardane had discussed the matter recently with a senior Chinese Embassy officia, the Trade Ministry Spokesman said.
“The Chinese Embassy in Colombo is already doing the needful. The Trade Ministry has informed China of the varieties of rice that Sri Lankan consumers like,” the Trade Ministry Spokesman said.
Rating downgrades discourage investors – JVP
JVP MP Dr. Harini Amarasuriya, on Friday (14) day, said investors were discouraged by the continuous downgrading of the country’s credit ratings.
Speaking at an event in Colombo, MP Amarasuriya said import costs had increased as the country was going through a forex crisis. The President’s agricultural policy had been a disaster and that in the coming months, the government would have to import large volumes of food.
Amarasuriya added that Sri Lanka’s relations with other nations had deteriorated and that too would have an adverse impact on the country.
Dr. Amarasuriya said that international rating agencies were independent and that their ratings were very important for investors to make decisions.
“Investors don’t consult Ajith Nivard Cabraal before investing. Besides, in other countries, it is economic experts, not politicians, who become Central Bank Governors,” she added.
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