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Lawyer draws judge Marasinghe’s attention to deaths in custody

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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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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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Two arrest warrants issued for Gnanasara thera

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Galagoda Aththe Gnanasara

The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.

The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.

The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.

The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.

A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.

However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.

The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.

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CA dismisses GR’s writ petition against arrest

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Gotabaya

A two-member bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake yesterday (1) dismissed a writ petition filed by former President Gotabaya Rajapaksa seeking judicial intervention to prevent his arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigations into 2019 Easter Sunday terror attacks.

The writ petition was rejected in limine.

In the petition, the former President cited Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekera, the Officer-in-Charge of the CID’s Special Investigations Unit and the Attorney General as respondents. The ex-President sought the court intervention after the arrest of former head of the State Intelligence Service (SIS) retired Maj. Gen. Suresh Sallay over the Easter Sunday attacks.

Since then , former Director of Directorate of Military Intelligence (DMI) has been named as a suspect.

Earlier, the Fort Magistrate’s Court imposed a travel ban on him in relation to investigations stemming from allegations made by Asad Moulana in the Channel 4 documentary on the Easter attacks.

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