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Missing persons issue won’t go away; serious effort required to address concerns – HRCSL

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“Prez wants to fast-track the process. Ready to meet protesting mothers’

By Shamindra Ferdinando

Genuine post-war national reconciliation will not be possible unless grievances of those who had suffered during the war and after were addressed, Harsha Kumara Navaratne, a member of the Human Rights Commission of Sri Lanka (HRCSL) says.

Emphasizing the responsibility on the part of the government as regards concerns of all communities, Navaratne asserted that the alleged disappearances of persons who had been handed over to the military by their families soon after the war was brought to a conclusion remained a contentious issue.

Prominent civil society activist Navaratne said so during a brief discussion with The Island on Tuesday (6) at the HRCSL, R.A. de Mel Mawatha, Colombo 4. Except the Chairman of the HRCSL Dr. Jagath Balasuriya, a former lawmaker, other members of the five-member outfit namely Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan, joined the discussion.

Nihal Chandrasiri, Director – Research & Monitoring (Actg.), HRCSL was also present.

Referring to accountability issues as well as confidence building measures, Navaratne said the HRCSL was told during a meeting with President Gotabaya Rajapaksa to fast-track the process.

President Gotabaya Rajapaksa named the new HRCSL team on Dec 10, 2020 in terms of the 20th Amendment to the Constitution.

Navaratne said that the HRCSL discussed the issue at hand with those who had visited the Geneva-based United Nations Human Rights Council on several occasions since the end of the war in 2009 to explore ways and means of reaching a consensus on disappearances/missing persons issue.

The HRCSL has been established in terms of HRC Act No 21 of 1996 with the first commission named in 1997 during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The incumbent commission is the seventh.

Responding to another query, Navaratne said that an organization consisting of women who continue to insist on the disappearance of their loved ones was adamant the government addressed the issue without further delay. “They are quite angry over the failure on the part of the authorities to inquire into cases raised by them. They say the previous government didn’t take tangible action regarding six files handed over to the Office of Missing Persons,” Navaratne said.

According to the one-time head of civil society organization Sewa Lanka, the same set of files had been made available to the UNHRC, inquiring into alleged wartime atrocities. Asked whether some sort of understanding with the women’s grouping working closely with a section of the international community pursuing war crimes inquiry, was possible, Navaratne explained how they pushed for international intervention in that regard.

Navaratne said he advised the women that their push for ICC (International Criminal Court) intervention was not realistic therefore whatever the shortcomings that affected the community, they should work closely with the government on the matter.

Navaratne is likely to leave the HRCSL later this year to take up duties as the Sri Lankan High Commissioner in Ottawa. The government recently named Navaratne to the top post in our Embassy in Canada.

Navaratne claimed that Western governments didn’t really appreciate Sri Lanka’s response to human rights accusations. The outgoing HRCSL member said so when The Island sought his explanation why the Western powers refused to assist Sri Lanka to identify the missing persons by sharing available information. The Island pointed out that quite a number of persons who had been reported killed and missing during the conflict and after were actually living abroad under assumed names. Navaratne acknowledged that Sri Lanka hadn’t been successful in convincing Western governments to share information as regards those who received their foreign nationality or living within their borders under different status.

Commenting on various figures quoted by different parties regarding the dead, wounded and missing, Navaratne said that a thorough inquiry could establish the truth.

A UN fact finding mission in a report released in March 2011 alleged 40,000 civilians perished in the final phase of the Vanni offensive. However, the UN claim has been disputed by Lord Naseby on the basis of confidential wartime dispatches from the UK High Commission in Colombo to the Foreign and Commonwealth Office. Naseby made the revelation in Oct 2017 in the House of Lords.

The HRCSL hasn’t taken up this issue with the UK though it engages in consultations with the British High Commission in Colombo. The current HRCSL held a zoom conference with British High Commissioner in Colombo Sarah Hulton early last month.

Navaratne said that the Bishop of Jaffna recently advised him to arrange a meeting between representatives of the affected community and the President without the presence of politicians to discuss the issue at hand.

Dr. Nimal Karunasiri said that the government’s response to the raging Covid-19 epidemic hadn’t taken into consideration the right of the people to obtain a treatment they were comfortable with. Dr. Karunasiri explained how the failure on the part of those responsible to take Ayurveda and Homeopathy into consideration in the government’s overall response violated the basic rights of the people. The HRCSL member said that in the absence of desired constitutional changes to make the 1972 Republican Constitution meaningful, archaic laws were still operative. Dr. Karunasiri explained how the entire Covid-19 management process came under the control of the Director General of Health Services (DGHS) due to archaic laws. According to him, in addition to the health sector, various other spheres had been affected and undermined for want of modification to suit post-independence Sri Lanka.

The DHGS hasn’t responded to HRCSL’s request for vaccination map to be submitted by or before June 15. The HRCSL Chairman Dr. Balasuriya has made the request on May 28.The HRCSL called for vaccination map amidst allegations of serious shortcomings in the ongoing inoculation drive.

The HRCSL said that the DGHS hadn’t responded though approval was granted for a separate request for meetings with small groups of people representing the civil society.

The HRCSL emphasized the responsibility of the government and institutions given specific tasks such as the HRCSL and OMP to meet the challenging objectives.

The previous government set up OMP in terms of an understanding reached in Geneva. Navaratne said that the six files handed over by the affected women to the OMP remained with the outfit.

Since the last general election in Aug 2010, new members have been appointed to the OMP.

The Tamil National Alliance (TNA) is upset with the composition of the OMP. Tamil sources questioned the appointment of retired IGP Jayantha Wickremaratne as the OMP Chairman.



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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