News
Lt. Gen. Dias urges Sangha to lead campaign against full implementation of 13A
Jaffna civil activist recollects accountability on the part of India and groups other than LTTE
By Shamindra Ferdinando
Retired Lt. Gen. Jagath Dias on Sunday (17) declared in Matara that full implementation of the 13th Amendment to the Constitution would lead to the creation of a federal structure at the expense of Sri Lanka’s unitary status.
That wouldn’t be acceptable under any circumstances, the Gajaba Regiment veteran said, urging the Maha Sangha to spearhead the campaign against the division of the country.
The appeal was made at Nupe, Matara, on behalf of the Coalition Against Partition of Sri Lanka at a meeting organized with the blessings of Ven Omare Kassapa Thera, Chairman of Ruhunu Rata Bhikshu Peramuna.
The former General Officer Commanding (GoC) of 57 Division said that the country wouldn’t have been in the current predicament, if India allowed the Sri Lankan military to bring ‘Operation Liberation’ to a successful conclusion. Having recalled the enormous sacrifices made by the military over the years, up to the eradication of the LTTE’s conventional military capability on the Vanni east front, an irate Dias pointed out the Indian invasion of Sri Lanka, in the guise of a peacekeeping mission, in 1987.
The coalition put together by the All Ceylon Buddhist Congress (ACBC) launched its effort to educate the public in the second week of August at Sri Sambuddhajayanthi Mandiraya.
Sunday’s meeting at Nupe, Matara was also addressed by Ven Kassapa Thera, Ven Manjukathissa, former Eastern Province Governor Anuradhada Yahampath, Attorney-at-Law Knishka Vitharana, Attorney-at-Law Kalyananda Thiranagama, Convenor of Jaffna civil society collective Arun Siddharthan, political activist Jehan Hameed, civil society activist Priyantha Dayaratne and journalist Shamindra Ferdinando.
Arun Siddharthan alleged that those demanding accountability on the part of the government of Sri Lanka were conveniently silent on the atrocities perpetrated by the LTTE and other Indian-sponsored terrorist groups TELO, PLOTE and EPRLF and ENDLF et al, during the time of the conflict that was brought to an end through military means. The LTTE sidekick Tamil National Alliance (TNA) later accommodated these groups, namely TELO, PLOTE and EPRLF, Siddharthan said, drawing attention to the crimes committed by the Indian military during its deployment here (July 1987-March 1990).
Siddharthan explained how those who had perpetrated heinous crimes against the Tamil-speaking people today pretended they were their saviours. The activist declared that India couldn’t absolve itself of the crimes perpetrated by her military here during the time groups, other than the LTTE, directly served New Delhi interests, Siddharthan said.
Ven. Kassapa lambasted the political parties that pursued dreadful agenda against the very people who elected them. Recalling the protests launched in July 1987 against the signing of the Indo-Lanka accord, the Ven. Thera warned parliamentarians not to support the full implementation of the 13th Amendment, under any circumstances.
Lawyer Vitharana explained how President Ranil Wickrenmesinghe manipulated the whole constitutional making process as he pushed hard to appease those who still pursued separatist agenda. Vitharana, who addressed the gathering first, alleged the President sought to implement constitutional proposals, unveiled during the Yahapalana administration, and if implemented would create a catastrophic situation on the ground. Both Vitharana and Thiranagama found fault with President Wickremesinghe’s approach. They alleged President Wickremesinghe was treacherously working against the national interests by going ahead with the full implementation of the 13th Amendment.
However, the gathering was also told Sri Lanka offered not only to fully implement the 13th Amendment but go beyond the controversial law enacted in Nov. 1987, in line with the July 29, 1987 Indo-Lanka Accord, three years after the conclusion of the war. The need to examine the circumstances under which that offer had been made in January 2012 and repeated in April same year was stressed while pointing out that the draft constitution prepared by a nine-member committee, headed by Romesh de Silva, PC, as requested by former President Gotabaya Rajapaksa, disclosed that all political parties, represented in the current Parliament, requested that the country continued with the Provincial Council system.
The gathering was reminded that the draft Constitution, in spite of being handed over to President Gotabaya Rajapaksa, and even the Wickremesinghe-Rajapaksa government subsequently, the public hadn’t been informed of its contents.
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Accordingly,
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GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
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