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Rights group questions continuing deaths in police custody

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… asks whether the suspect in handcuffs at the time posed a threat to police

By Shamindra Ferdinando

Attorney-at-law Senaka Perera says that the death of persons taken into custody by the police cannot be justified under any circumstances.

Activist Perera questioned the circumstances in which Dinithi Melan alias Uru Juwa who had been arrested by the Nawagamuwa police on Monday (10) died of gunshot injuries on the following day.

The police couldn’t absolve themselves of the responsibility for the safety and security of those who had been taken into custody even if they were under investigation over criminal activities, lawyer Perera said.

Responding to The Island queries, the activist said that in spite of quite a number of deaths in police custody over the years those responsible never took tangible measures to prevent such incidents.

The Public Security Ministry owed an explanation how the person in the custody of the Nawagamuwa police had received gunshot injuries when he was taken to a place at Waduramulla, Nawagamuwa on Tuesday, lawyer Perera said. The suspect obviously in handcuffs couldn’t have posed a threat to the armed police party accompanying him, Perera said, urging the government to rein in the police behaving like an extra-judicial killer force.

Lawyer Perera said that the Justice Ministry, Public Security Ministry, the Office of the Attorney General, the National Police Commission, Human Rights Commission of Sri Lanka and the Bar Association of Sri Lanka (BASL) should be concerned about continuing deaths in police custody.

The bottom line was the police bypassed the judicial process and summarily got rid of persons whom they considered a threat, the Attorney-at-Law said.

The civil society activist challenged DIG (Legal) and Attorney-at-Law Ajith Rohana’s version of the events leading to the death of Dinithi Melan.

Based on information provided by the Nawagamuwa police, DIG Rohana said that ‘Uru Juwa’ had been wanted in connection with at least four killings, about 20 cases of taking ransoms and a number of other incidents. The top police official said that ‘Uru Juwa’ had been responsible for incidents during the 2015-2019 period and was being taken by the police to Wanduramulla, where the police opened fire during an incident.

Later, the police recovered five swords, one locally made weapon, 38 rounds of T 56 ammunition, eight rounds of 9mm ammunition and six hand grenades, DIG Rohana said, adding that the suspect was pronounced dead on admission to the local hospital.

DIG Rohana said that Western Province (South) police were conducting an inquiry into the incident under the supervision of a Superintendent of Police.

 Lawyer Perera said that a lawyer visited the late Dinithi Melan at the Nawagamuwa police and his arrest was also brought to the notice of Police Emergency and the HRCSL. Responding to another query, the rights activist said that the arrested person hadn’t been produced before a Magistrate.

Lawyer Perera challenged the police to reveal previous investigations conducted into deaths in police custody. According to him, Samarasinghe Arachchige Madush Lakshitha alias Makandure Madush was killed in what the police claimed a shootout between them and the underworld at Applewatte Housing scheme in Oct 2020. Following the incident, the police made the usual claim of recovering heroin and promised a thorough investigation, lawyer Perera pointed out. “We would like to know the outcome of the internal police inquiry into the Madush killing,” lawyer Perera said.

The police never explained how Madush having been in the custody of the Criminal Investigation Department (CID) since May 5, 2019 suddenly led the CCD (Colombo Crime Division) to major heroin recoveries just few days of taking the suspect into their custody on Oct 16, 2020, lawyer Perera said. Madush was killed in questionable circumstances four days after the CID handed him over to the CCD, the lawyer alleged.

The human rights activist said that the Parliament should look into deaths in police custody. According to him, there had been a substantial number of deaths in police custody during the previous Rajapaksa administration as well. However, the change of government in January 2015 resulted in a change of the situation for the better, lawyer Perera said, urging the media, both print and electronic, to be cautious in the reportage of deaths in police custody.

Perera said that his organization didn’t oppose law enforcement authorities taking a tough stand on those accused of criminal activity. However, extra-judicial executions couldn’t be part of the police strategy meant to address organized crime, lawyer Perera said.

The possibility of various interested parties, including political elements using the police for ulterior purposes. The police shouldn’t undermine public confidence in them, the lawyer urged law enforcement authorities. 

 

 



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Opp. lashes out at Justice Minister for disparaging remarks about CLA

By Shamindra Ferdinando

The Joint Opposition yesterday (09) tore into Justice and National Integration Minister Harsha Nanayakkara over some disparaging remarks about the Commonwealth Lawyers Association (CLA) in Parliament on Tuesday (08).

The Convenor of the Opposition grouping, former Law Professor Peiris questioned Minister Nanayakkara’s declaration that the CLA was a private club that granted membership on payments received. Emphasising that the CLA consisted of those in the legal profession in Commonwealth countries, Prof. Peiris told the weekly media briefing at the Flower Road Office of former President Ranil Wickremesinghe that the views expressed by the organisation couldn’t be discarded under any circumstances.

Prof. Peiris dealt with Nanayakkara’s response to the CLA’S concerns about several issues, including the composition of the five-member panel of judges. “How could Minister Nanayakkara dismiss concerns raised by CLA on the basis of the paid-membership of the organisation?” Prof. Peiris asked. If membership became an issue, the government would have to reconsider Sri Lanka’s UN membership, the ex-External Affairs Minister said, pointing out that the country had to make regular payments to retain membership of other UN agencies, as well.

Prof. Peiris said that indefensible attacks on international organisations could cause irreparable damage to the country. Appreciating the CLA’s report on the Supreme Court proceedings on the 01 and 02 September, Prof. Peiris stressed the importance of what he called total transparency in the judicial process. He said that whatever the outcome of a particular legal process, it couldn’t be done behind the backs of the public.

Referring to legal processes regarding the 6th Amendment and 13th Amendment, in 1983 and 1987, respectively, Prof. Peiris said, on both occasions the then Chief Justices Neville Samarakoon and S. Sharvananda constituted benches consisting of all Supreme Court judges.

But, the incumbent CJ Preethi Padman Surasena, in spite of the majority of petitioners demanding all available 13 justices to hear the case, decided to leave out those on the seniority list from second position to fourth position.

The government got offended because the CLA pointed that out for the whole world to take notice, Prof. Peiris said. The former parliamentarian noted that the CJ hadn’t even give a reason for declining the widespread call to involve all available 13 judges. According to him, there had been instances where CJ’s appointed seven justices to hear a particular case. Prof. Peiris cited the 2018 bench of seven judges that heard the petitions against President Maithripala Sirisena over the dissolution of Parliament and a panel constituted in 2023 to hear the 2019 Easter Sunday carnage that claimed the lives of 270 people.

The issue at hand is that the five-member panel of judges hadn’t been selected on the basis of seniority, Prof. Peiris said, once the SC determination was sent and released through the Speaker, they would meticulously examine that to make their position known to the people. Prof. Peiris said that what they really wanted to know was that if seniority hadn’t been the basis for selection what the criterion was.

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Sri Lanka reiterates its territory won’t be used against India

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Indian Defence Minister Rajnath Singh listening attentively to President Dissanayake (pic courtesy PMD)

The Indian Defence Ministry in a statement issued yesterday (09) quoted President Anura Kumara Dissanayake as having assured visiting Defence Minister Rajnath Singh that Sri Lanka would never allow its territory to be used for activities inimical to India’s security interests.

The text of the Indian press release: “Visiting Indian Defence Minister Rajnath Singh called on President Anura Kumara Dissanayake in Colombo on September 09, 2026. The two leaders held substantive discussions on issues covering the entire spectrum of the multi-faceted partnership between the two nations, characterised by traditionally warm relations and mutual trust.

The two sides reaffirmed that as civilisational twins, close neighbours and maritime partners, India and Sri Lanka would continue to work together for their development and welfare of the people while working jointly to ensure the safety, security, peace and prosperity of the region. The senior Indian Minister conveyed greetings on behalf of Prime Minister Narendra Modi and underlined that the citizens of the two countries share deep friendship based on strong historical & civilisational links and people-to-people exchanges.

Extending a warm welcome to Mr. Singh, President Dissanayake recalled his interactions with PM Modi and reiterated that Sri Lanka would never allow its territory to be used for any activities inimical to India’s security interests.

President Dissanayake expressed his gratitude for the relief assistance provided by India as part of Operation Sagar Bandhu during Cyclone Ditwah and the comprehensive rehabilitation package extended by New Delhi to facilitate reconstruction and rehabilitation work across different parts of the island. The powerful Indian Defence Minister emphasised that as a closest friend and neighbour of Sri Lanka, India considered it not a favour, but a responsibility to provide assistance as the first responder and would continue to do so in the future as well.

Both leaders virtually inaugurated three Bailey Bridges constructed by the Indian Defence Forces. The two sides also exchanged MoUs on upgradation of L70 Guns for the Sri Lankan Air Force, and cooperation between National Cadet Corps (NCC) & National Defence Colleges (NDC) of both the countries. The MoU on Upgradation of six L70 guns for the Sri Lankan Air Force falls under a Government of India grant. The upgradation of these air defence guns will significantly strengthen the air defence architecture of critical assets in Sri Lanka. These air defence guns were earlier provided to the Sri Lanka Air Force by India.

The MoU on academic cooperation between NDC, India and NDC, Sri Lanka will facilitate knowledge sharing which will be a significant step in further strengthening the academic bonds between both the sister institutes. The MoU on NCC cooperation will formalise the NCC youth exchange programme between India and Sri Lanka. This exchange programme provides a valuable opportunity for NCC cadets from multiple countries across the world to come to New Delhi every year and participate in NCC events.”

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UK-led Core Group calls Jaffna mass graves a ‘stark reminder’ but stops short of calling for international accountability

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Eleanor Sanders

Mass grave excavations in Sri Lanka are a stark reminder that thousands of cases of enforced disappearance remain unresolved, the Sri Lanka Core Group has told the UN Human Rights Council, urging Colombo to translate its stated commitment to reform into concrete progress, while again stopping short of calling for the international accountability that Tamils have long demanded.

The statement, delivered in Geneva, on Tuesday (08), during the Council’s 63rd session by the United Kingdom’s Human Rights Ambassador Eleanor Sanders on behalf of Canada, Malawi, Montenegro, North Macedonia and the UK, welcomed, what it called, the High Commissioner’s balanced assessment of the human rights situation on the island.

The group acknowledged that Sri Lanka had faced considerable challenges recently, including severe weather events and global energy shocks, and welcomed positive developments, including the ratification of the ILO Convention 190 and engagement on the Convention on the Rights of Persons with Disabilities.

“However, much further action is needed to build confidence in accountability and reconciliation efforts,” Sanders said. “Progress in several emblematic cases has not yet been accompanied by a comprehensive,

victim-centred accountability process to address past violations. Mass grave excavations are a stark reminder that thousands of cases of enforced disappearances remain unresolved. And reports of intimidation, harassment, and restrictions affecting civil society, journalists and victims’ groups, including in the North and East, still raise concerns.”

The group urged progress on democratic governance, including advancing legal and institutional reforms, resolving land-related issues, ensuring respect for human rights in detention institutions and strengthening independent institutions.

The statement follows a familiar pattern. In June, the group acknowledged “developments in certain mass grave investigations” and urged that excavations meet international standards, and in March it called for the repeal of the Prevention of Terrorism Act. At the 58th session it welcomed a series of measures Tamils regarded as superficial. Neither this statement, nor its predecessors, names Chemmani, calls for international oversight of the excavation, or addresses the demand for a referral to the International Criminal Court.

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