Connect with us

News

Persons taken into custody held in ‘undisclosed locations’

Published

on

Claiming ‘enforced disappearances’ related to Aragalaya: Ex-HRC and OMP officials file FR petitionax

Former member of the Human Rights Commission of Sri Lanka, Ambika Satkunanathan, and ex-Commissioner of the Office on Missing Persons (OMP), Mirak Raheem, have filed a Fundamental Rights Petition, pertaining to, what they called, a wave of enforced disappearances.

The respondents are Inspector General of Police, C. D. Wickremaratne, Minister of Justice, Prison Affairs and Constitutional Reforms, Wijeyadasa Rajapakse, Minister of Public Security, Tiran Alles, Army Commander, Lt. General Vikum Liyanage, Commander of the Air Force, Air Marshall S. K. Pathirana, Commander of the Navy, Vice Admiral Nishantha Ulugetenne, the Human Rights Commission of Sri Lanka, the Office on Missing Persons, and the Attorney General.

The petitioners have challenged what they term the arbitrary, capricious, irrational and ultra vires actions of the Police and the military in creating an administrative/executive practice, of arresting individuals, and temporarily keeping them in secret detention, contrary to the Constitution, the rule of law, and accepted international human rights norms.

The petitioners said the recent spate of arbitrary arrests, carried out by individuals, in no identifiable uniform, with protesters being taken away in vehicles that are not identifiable as belonging to the Police, and where protesters are being detained sometimes for several hours, in undisclosed locations, prior to being produced before a Magistrate. During this period, they are not allowed to inform their next of kin about their place of detention and no arrest receipt is issued to the next of kin. In other instances, unidentified individuals, in no identifiable uniforms, have conducted searches for particular individuals.

The petitioners stated that, all individuals (especially in the current context, protesters), who are arrested, must be arrested for a clearly identifiable penal offence, by officers of the Sri Lanka Police, in clearly identifiable uniforms/insignia, such arrestees’ families must immediately be notified of such arrest, and if they are present when the person is arrested, be issued an arrest receipt. That the person should be kept at police stations, be allowed access to family members and lawyers and the Human Rights Commission of Sri Lanka, and produced before a Magistrate with sufficient provision being made for such arrestees to obtain legal representation.

The petitioners alleged a violation of their fundamental rights guaranteed under Article 10, 11, 12(1), 12(2), 13(1),13(2), 13(3), 13(4), 13(5), 14(1)(a), 14(1)(b) and 14(1)(c) of the Constitution. They state that the continued tacit permission of the State of arbitrary arrests and secret detentions of adversely impacts on the Rule of Law and the Sovereignty of the People and is contrary to Articles 3 & 4(d) of the Constitution.

The petitioners request the Court to grant interim orders preventing the Respondents, and any other officer serving under them and their agents, from carrying out any arrest and detention, contrary to the Constitution and the Law, including the International Convention For The Protection of All Persons From Enforced Disappearance Act No. 5 of 2018. They further request a direction to the IGP, and any other officer serving under them and their agents, to take all measures necessary to ensure the safety of any witnesses to any arrest and/or secret detention.

The petitioners also requested the Court to direct the IGP to formulate guidelines to ensure that arbitrary arrest and secret detentions do not occur. Additionally, the petitioners request the Court to make appropriate orders for measures to be taken by the National Authority for the Protection of Victims of Crime and Witnesses to assess and provide all appropriate assistance, compensation and support for recovery and restitution of all individuals (and in the current context especially protesters) arrested and detained in a manner contrary to the Constitution and the Law, including the International Convention For The Protection Of All Persons From Enforced Disappearance Act No. 5 of 2018.

Application will be supported by Saliya Pieris, Pulasthi Hewamanna, Harini Jaywardena and Fadhila Fairoze.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Gnanasara Thero absconding after SC ruling

Published

on

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.

Continue Reading

News

House to debate 22A, Judicature Bill next week

Published

on

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).

Continue Reading

News

Wrong house targeted in underworld grenade attack: Two children killed

Published

on

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.

Continue Reading

Trending