News
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.
News
CJ urged to inquire into AKD’s remarks on May 25 court verdict
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
News
ITAK MPs representing East take their woes to Canadian HC
The Canadian High Commissioner to Sri Lanka and the Maldives, Isabelle Martin over the last weekend met representatives of the Ilankai Tamil Arasu Kachchi (ITAK) in the East. Tamil Guardian reported that talks focused on the challenges facing the Tamil people.
The meeting was held at the office of ITAK Member of Parliament Kaveendiran Kodeeswaran and brought together parliamentarians representing the Batticaloa and Ampara districts, alongside local government officials including divisional council chairpersons.
Discussions centred on a range of pressing issues, including livelihoods, access to education, employment opportunities and ongoing human rights concerns, as well as the broader state of democratic governance in the region.
High Commissioner Martin sought updates on prevailing socio-economic conditions, particularly the challenges confronting local communities in the East. She noted the concerns raised and indicated that she would follow up on the matters discussed.
Among those present were ITAK MPs Kaveendiran Kodeeswaran, Gnanamuthu Sirinesan and Dr Elayathamby Srinath, along with several local council representatives.
News
People demand release of Keppapilavu land
A section of residents of Keppapilavu, in Mullaitivu, on May Day protested. demanding the release of lands still occupied by the military, 17 years after the end of the armed conflict.
They reiterated their longstanding demand for the return of lands seized by the military, in 2009, to establish a camp, sources in the North said. For over 17 years, Keppapilavu residents have sustained a continuous campaign of protests, petitions and advocacy efforts, calling for the right to resettle on their original lands, they said.
Despite limited releases under successive governments, protesters stressed that substantial areas remain under military control. They highlighted that 171 acres were yet to be returned, including 59.5 acres of residential land and 111 acres of agricultural land. The residential areas once supported over 55 families and included homes, schools, places of worship and shared community spaces.
Holding placards and chanting slogans, demonstrators said that their struggle extends beyond land ownership, framing it as a fight for dignity, livelihood and the restoration of a community life disrupted since 2009.
Residents declared that since the current government assumed office, multiple appeals have been made through formal channels, including submissions to the Presidential Secretariat and the Mullaitivu District Secretariat. However, they stated that these efforts have yielded no meaningful progress toward the release of the remaining lands.
Protesters called on Sri Lankan and the local authorities to take immediate and concrete steps to return the entirety of the occupied land, enabling displaced families to resettle and rebuild their lives without further delay.
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