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State of Emergency: HRCSL criticises govt. decision

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TRCSL to be summoned over disruption of social media platforms

By Shamindra Ferdinando

The Human Rights Commission of Sri Lanka (HRCSL) has questioned the declaration of a countrywide State of Emergency in response to a planned protest campaign yesterday (03) against the failure on the part of the government to address the continuing shortage of essential items, including food, medicine and fuel.

Acting Director Research and Monitoring Nihal Chandrasiri yesterday (03) told The Island the HRCSL believed that the declaration had been taken without giving sufficient explanation as to what really threatened national security for the government to take such an extreme measure.

The HRCSL comprises retired Supreme Court justice Rohini Marasinghe, Ven. Kalupahana Piyarathna Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan.

Chandrasiri said that the HRCSL, and the senior management, following consultations regarding the incidents near President Gotabaya Rajapaksa’s residence, at Pangiriwatte Road, Mirihana, felt that the government should concentrate on addressing the public grievances, instead of taking security measures.

President Gotabaya Rajapaksa appointed the HRCSL in terms of the 20th Amendment to the Constitution, enacted in late October, last year.

Responding to another query, Chandrasiri explained that against the backdrop of an indefinite State of Emergency, a curfew had been imposed from 6 pm Saturday (02) to 6 am Monday (today, April 04). In addition to that, gathering at selected public places, too, had been prohibited by an extra ordinary gazette notification, Chandrasiri said.

According to Chandrasiri, the HRCSL has also expressed concern over the public being denied access to social media as part of the measures adopted by the government in the wake of the Mirihana incidents. Chandrasiri said that the HRCSL intended to meet senior representatives of the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) tomorrow (05) to discuss the issue at hand. “The contentious issue here is whether the TRCSL inquired from the Defence Ministry regarding the sudden requirement to block social media platforms.”

The HRCSL raised the issue as the Chairman of Information and Communication Technology Agency (ICTA) Oshada Senanayake, announced his resignation. Senanayake assumed duties as Chairman of ICTA in August 2021.

TRCSL restored social media platforms at 3.30 pm following the Defence Ministry advice in that regard.

Senanayake also served as Director General of the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) and resigned from that post in December 2021.

In addition to those matters, the HRCSL also decided to summon a senior police officer who had been captured on video slapping a person and those who were allegedly responsible for indiscriminate attacks on several journalists.

Immediately after the incidents at Mirihana, the HRCSL declared that it strongly opposed legal measures being taken against those who had been arrested in terms of the Prevention of Terrorism Act (PTA). Justice Marasinghe said that they should be prosecuted under the Public Property Act, if at all.

Police headquarters Friday said that the arrested persons would be produced in court in terms of the Public Property Act and the Penal Code. Of 47 persons taken into custody, 32 had been remanded till Monday (04) and the rest granted bail.

Police said that of the 47 taken in, 21 persons produced before the Gangodawila Magistrate, on Friday, 15 had been granted bail and six remanded till Monday. The other 26 persons, warded at the Kalubowila Teaching and Colombo National Hospitals, and were remanded by a Magistrate after visiting them.



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Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds

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Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.

Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.

The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.

The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.

Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.

Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.

By Shamindra Ferdinando

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Former Minister Nalin raises defence of double jeopardy

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Nalin Fernando

The Court of Appeal  yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.

The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.

Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.

Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.

He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.

The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.

The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.

The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.

Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.

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UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage

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The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.

In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.

According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.

The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.

Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.

The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.

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