by Saman Indrajith

The implementation of the recommendations of the Presidential Commission of Inquiry into political victimization (PCOI) would have a huge effect on the independence of the judiciary and its function in search of justice, says the Lawyers’ Forum for the People.

“This is a real danger to democracy and the country’s democratic institutions and processes”, Co-Convener of the Forum, Attorney-at-Law Senaka Perera told a news conference at the Dr. NM Perera Center last week.

“The recommendations, if implemented, will inflict irrevocable damage on the judiciary and impact adversely on democracy. Politicians can come and go. They appoint commissions as a means to their political ends, but the judiciary is not so. The Judiciary is not there to serve the politicians to achieve their political goals but to serve all people alike”, he noted.

The present government recognized the PCoI and thereby what had been done during the former regime as political victimization. Who can give a guarantee that the next government would not do the same? And what would be the end of this if these recommendations are implemented,” Perera queried.

He said that there are reports that the PCoI had identified the anti-corruption committee of the former government as ‘an illegal outfit’ and recommended legal action against its members.

“Legal action has been recommended against a list of politicians including JVP Leader Anura Kumara Dissanayake, former Minister Patali Champika Ranawaka, TNA leader R. Sampanthan, MA Sumanthiran, Field Marshal Sarath Fonseka etc. Why is the PCoI silent about former President Maithripala Sirisena who chaired the anti-corruption committee? Doesn’t this point to a targeted witch hunt?” Perera asked.

Attorney-at-Law Namal Rajapakshe said that implementing the recommendations of the PCoI would place Sri Lanka on par with Myanmar. The government has no regard to the rule of law. It is making use of the law for its political witch hunt. People should protest against this injustice, he said while urging the government not to implement the recommendations of the PCoI in the name of democracy,” he said.

Attorney-at-Law Achala Seneviratne said that the government has appointed another committee to give legitimacy to the PCoI’s plans to suppress the voices of the opposition. The PCoI’s parameters of identifying victims need to be clarified because the PCoI has recommended tough legal action against respondents in the complaints – including police officers, former commanders of the military, MPs, former ministers and deputy ministers and prosecutors attached to the Attorney General’s Department.

Attorney-at-Law Tambiah Jeyaratnaraja said that the recommendations of the PCoI amounted to contempt of court. “The recommendations exert undue influence on the judiciary. The PCoI recommends putting an end to hearing 79 cases pending before courts. What mandate does a PCoI have to make such recommendations?” he asked.

Attorney-at-Law Chula Adikari said that the PCoI has also recommended compensation for complainants facing trial for murder, kidnapping and extortion in High Courts, that includes, inter alia, back pay, promotions, foreign workshops and popular school or university enrollment for their children.

“One of the cases recommended to be dropped is against Yoshitha Rajapaksa investigating how he raised funds to start CSN TV channel. The other one is the Mig deal involving Udayanga Weeratunga. Then there is another case in the list against Thiru Nadesan who is the husband of Nirupama Rajapaksa. Another case recommended to be dropped is against Jaliya Wickramasuriya, brother of the Prime Minister’s wife. All these 79 cases have a common factor- they are against members of a single family and its friends and relatives. Those cases are against misappropriating of trillions of public funds,” he alleged.

“Who is a political victim? We have clear examples, Lasantha Wickramatunga, Keith Noyahr, Upali Tennakoon, Eknaligoda and other journalists whose limbs had been broken. They were political victims. Now according to the PCoI there is a list of political victims who had been charged of extortion, killing, abduction, assaulting journalists, defrauding public funds etc,” Adikari said.

Attorneys-at-Law Upali Ratnayake and Manju Sri Chandrasena also addressed the press.