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Lawyer draws judge Marasinghe’s attention to deaths in custody



HRC issues instructions to police on PTA cases

By Shamindra Ferdinando

The Human Rights Commission (HRC) has issued specific instructions to police headquarters as regards those already in custody under the Prevention of Terrorism Act (PTA) and new arrests.

The heads of the Criminal Investigations Department (CID), Terrorist Investigation Division (TID) and the Police Legal Division have been advised to brief the HRC immediately on the change of status of PTA suspects, as well as new arrests.

Authoritative sources said that instructions had been issued at a meeting summoned by the newly appointed HRC Chairperson Justice (Retired) Rohini Marasinghe last Wednesday (29) at the HRC.

HRC Commissioner Dr. Vijitha Nanayakkara participated online whereas the other members, Chairperson Marasinghe, Ven. Kalupahana Piyarathana Thero, Dr. M.H. Nimal Karunasiri and Ms. Anusuya Shanmuganathan attended the meeting. Sources said that the HRC had stressed the pivotal importance of keeping the outfit fully informed of developments relating to PTA cases.

President Gotabaya Rajapaksa has recently appointed Ven. Kalupahana Piyarathana Thero, Sri Lankan Collective for Consensus (SLCC), to the HRC. Sources said that the SLCC had held discussions with the government over the post-war reconciliation process and the PTA remained high on the group’s agenda. Ven. Priyarathana replaced another civil society activist Harsha Kumara Navaratne, who recently received appointment as High Commissioner in Canada.

The HRC has also asked the head of the Colombo Crime Division (CCD) to be present at discussions pertaining to PTA cases. Sources said that though the CCD had made representations to the HRC last week, the Commissioners were keen to meet the head of the outfit himself.

A spokesperson for the HRC told The Island that over 12 years after the conclusion of the war, the PTA had remained one of the most contentious issues with the UN, the European Union as well as several powerful countries repeatedly taking it up.

Sri Lanka was under pressure to do away with the PTA or introduce amendments ‘to make it conform to international standards’, the official said. Referring to work undertaken by successive governments in this regard, the official said that the HRC intended to maintain a closer watch on law enforcement outfits.

Several hundred persons are currently detained under PTA. Most of them are believed to be persons taken into custody in connection with the ongoing investigations into Easter Sunday attacks (2019).

Prominent civil society activists who haven’t joined the SLCC initiative say the government owes an explanation on how it intends to reform the PTA. One-time HRC member, Ambika Satkunanathan, in a recent statement sent to The Island on behalf of a large grouping of civil society members and organisations strongly criticised the way the government handled the issue. The grouping alleged that the government proposals shared with the SLCC did not address even ten basic shortcomings of the PTA. Calling for greater transparency in the process, the group has warned that national security couldn’t be achieved by causing insecurity among sections of the population. The group has reiterated its call for repealing the PTA.

The group has said: “The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities. These entities should not be bestowed with additional power.”

Appreciating the HRC focus on PTA cases, lawyer Senaka Perera said that urgent review of security of those in police and judicial custody was necessary. Senaka Perera emphasized that the new HRC head should inquire into deaths in police custody since the change of government in Nov 2019. Responding to another query, the lawyer said that deaths in custody ceased during the 2015-2019 period but resumed after the last presidential election.

The rights activist said that he intended to seek a meeting with the HRC soon to discuss the issues at hand. “Death of handcuffed persons cannot be accepted under any circumstances,” lawyer said, faulting the police headquarters as well as the Public Security Ministry over continuing killings in custody. Referring to the statements issued by the HRC during tenure of Dr. Jagath Balasuriya as the Chairperson of the outfit as regards deaths in custody, attorney-at-law Perera said that the HRC failed to take tangible measures. Those bent on subverting the law wouldn’t give up their strategy simply because the HRC issued a statement or called for explanation from police headquarters. The lawyer said that he hoped the new HRC head would take remedial measures.

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Endure daily power-cuts or face countrywide indefinite blackouts, warns Minister Gammanpila



‘Electricity supply cannot be maintained at the expense of transport sector’

By Shamindra Ferdinando

Energy Minister Udaya Gammanpila yesterday (18) said that the foreign currency crisis was so acute the country had no option but to implement daily 90-minute power cut until the hydro power generation increased with the onset of rains.

Minister Gammanpila, who is also the leader of Pivithuru Hela Urumaya (PHU) has advised the Ceylon Electricity Board (CEB) to impose daily 90-minute power-cuts or face the consequences.

Gammanpila said that the entire country would face indefinite blackouts if the CEB tried to avoid 90-minute power cuts. The warning was issued at a media briefing called by Minister Gammanpila at the Power Ministry where he stressed that power cuts were inevitable in view of the foreign exchange crisis.

The cash-strapped government was able to pay for stock of diesel on Tuesday (18). In spite of vessels carrying diesel entering Sri Lankan waters nine days ago the government had to struggle to pay them, the lawmaker said.

At the onset of the briefing, Minister Gammanpila flayed the CEB for blaming the Ceylon Petroleum Corporation (CPC) for the rapidly developing crisis.

MP Gammanpila said: “About 60 percent of the electricity requirement was met by hydro-power till end of Dec 2021. By then, hydro-power generation was down to 38 percent. Struggling to cope up with the situation, the CEB on January 11 asked us to provide additional fuel with effect from January 13. The CPC was not prepared to meet their requirement for obvious reasons. We were told they needed additional supplies at the end of January.”

Minister Gammanpila asked as to how the CPC could supply 1,500 metric tonnes beginning January 13 as it didn’t have the required stocks. The Energy Minister emphasised that the cash-strapped government couldn’t maintain extra stocks.

Lawmaker Gammanpila emphasised that his ministry had no option but to refuse to provide diesel to the CEB at the expense of the transport sector. The lawmaker pointed out that the country couldn’t afford to allow the disruption of transport by releasing sparse stocks available to them.

The Energy Minister asserted that disruption in public and private transport would be far worse than being subjected to daily 90-minute power cut.

Advising the CEB to be mindful of the current situation, Minister Gammanpila said that of the 37,000 tonnes of diesel the government paid for on Tuesday, 10,000 tons would be made available to the CEB. Declaring that would be sufficient for just eight days, Minister Gammanpila said that the CPC would also provide 2,200 tons of furnace oil and 700 tons of diesel to a privately-owned power station that supplied electricity to the government.

Minister Gammanpila said that it would be better to experience daily 90-minute power cuts than facing the prospect of three-hour disruption after having uninterrupted supply for a short period.

The outspoken lawmaker said that there was no point in denying the fact that the country was in severe difficulty due to the foreign currency crisis.

Pointing out that Sri Lanka received USD 750-800 mn a month, the Energy Minister asked how banks coped up with the situation as the government sought 2/3 of that amount for oil imports.

Minister Gammanpila told The Island that the public should be taken into confidence. The current crisis would cause further problems, the lawmaker said, urging the decision makers to be responsible to those who elected them.

The MP warned the failure on the part of the powers that be to realise the actual ground situation and take tangible measures to cut down the fuel bill would plunge the country into an unprecedented crisis.

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Sri Lanka disputes Canadian Travel Advisory



… immediate steps taken to apprise Ottawa

Sri Lanka has challenged a Canadian bid to undermine ongoing efforts to attract tourists. In the wake of the latest Canadian Travel Advisory on Sri Lanka issued on January 13, 2022, the Foreign Ministry has stated that the communique contained erroneous and outdated information that did not reflect the actual situation in Sri Lanka. As such, the Ministry has taken steps to apprise the Canadian authorities of ground realities.

The following is the text of the statement: “There are flawed references to the economic and security situation in the country as well as inaccurate information with regard to the safety and security of female travelers and harassment of foreigners.

Sri Lanka has successfully overcome the immediate challenges posed by the COVID-19 pandemic, and is now in a state of normalcy with all public service, corporate and business, and education activities functioning normally without interruption, in accordance with COVID-19 health and safety guidelines. The nationwide inoculation programme has been commended by the World Health Organization (WHO) and almost 90% of the eligible population has received both doses of the COVID-19 vaccine. A campaign has been launched to provide the booster dose to the population above 20 years of age.

Despite the pandemic, Sri Lanka has received several international accolades in the tourism industry including CNN’s “Where to Travel in 2022”; the Global Wellness Institute; Conde Nast Traveler 2021 Reader’s Choice Awards as well as other endorsements received previously in 2019 by Lonely Planet and the National Geographic Travel. GoSL looks forward to more tourists visiting Sri Lanka from Canada and elsewhere with the gradual normalization of travel globally.

It is important to note that even though Sri Lanka’s economy has been affected by the COVID-19 pandemic, the country is making every endeavor to reinvigorate its economy this year, through the implementation of prudent policies. Food security and law & order are the topmost priorities of the Government, and the availability of all essentials is considered as a vital part of the Government’s functions. As such high priority is given to ensuring that all essential items continue to be available to the public at all time and there are sufficient stocks of food items.

With regard to the security situation, the GoSL maintains minimum presence of military in the North and the East to ensure security and stability in keeping with national security imperatives and this is similar to such presence elsewhere in the country. There is no arbitrary arrest and detention of persons by the police or security forces. Since the end of the terrorist conflict in 2009, security forces have conducted a comprehensive demining operation in the North and East, with technical support of several foreign Governments and international agencies. As at December 2014, 94% of the de-mining had been completed, while presently, the figure has risen to 98.7%. The Advisory states, that ‘there is a threat of terrorism’ and that ‘further attacks cannot be ruled out’. It is notable that since the election of President Gotabaya Rajapaksa in November 2019 the GoSL has taken all necessary measures to ensure public safety and national security throughout the country, to prevent any resurgence of terrorism. It is noteworthy that during this period, there has not been even a single terrorist related incident in Sri Lanka, due to the enhanced vigilance and proactive measures taken by the relevant security authorities.

Sri Lanka is a multi-ethnic, multi-religious and multi-cultural country with a rich, cosmopolitan heritage where different communities have peacefully co-existed over centuries. There is no civil unrest in the country. Sri Lanka has a long democratic tradition with strong institutions, and a vibrant civil society. Freedom of association and assembly are safeguarded with peaceful demonstrations occurring in Sri Lanka as in any other country where liberal democratic norms and traditions prevail. The police have allowed and continue to allow such peaceful demonstrations to take place unimpeded. These demonstrations do not in any way hinder the comfort, movement, safety or activities of tourists.

Specific attention is being paid to the safety and security of women tourists with measures taken to strengthen the presence of police, including tourism police, island-wide in all regions. Under this programme, police presence is being increased in all popular tourist destinations of the country with greater presence of women police officers in police stations. Emergency numbers of tourist police regional units, local police, and other emergency units such as hospitals, are available online to be accessed by travelers to Sri Lanka.

Sri Lanka is an island nation with friendly people with a high level of education, knowledge of English and literacy, and incidents of harassment or violence against tourists or foreigners are extremely rare.”

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Speaker: MPs borrowed only 330 books from Parliamentary library in 2021



122 of them are novels!

By Saman Indrajith

The MPs’s poor reading habit had led to deterioration of their conduct in the House and made their speeches full of unparliamentary language, Speaker Mahinda Yapa Abeywardena told Parliament yesterday.

The Speaker said that it was very embarrassing to note that all 225 MPs had borrowed only 330 books from the House library during the whole of last year.

Making a special statement at the commencement of the sittings, the Speaker said that the Members of the House should take note of their conduct during the debates. “Once you have crossed the bar of the House you are considered honourable members of the House of Parliament. The honourable title demands that you speak and behave accordingly in a respectable manner which in turn reflects back on the House. When I first spoke in Parliament I did so after weeks of preparation. Today, very few members prepare before their speeches. According to the information furnished to me by the library only 330 books have been borrowed by the MPs during the year 2021, and 122 of them were fictions. Ninety-four of the books borrowed were on political science and 27 on sociology, only 11 books on economics. Five books on science, four books on law and three books on technology, one book on education, and one book on Sinhala literature among those books borrowed by the MPs.

“For a House of 225 members this is embarrassing. This lack of knowledge and preparation on subjects have led us to insufficient awareness, false allegations, in speeches. Most of the speeches are to score political points. This has led to shameful, unparliamentary conduct. As the Speaker it is my duty to conduct the House affairs productively and ensure the rights of all its members.

“The members must understand that it is their sacred duty to uphold the dignity of this institution. If people lose faith in this House that means they lose faith in democracy. Repercussions of such a situation would be a grave danger for all political parties and citizens of this country. People expect the members of the government and Opposition to act responsibly.”

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