Saturday 24th October, 2020
The SLPP government had us believe that the biggest obstacle in its path, preventing the full implementation of its election manifesto, was the 19th Amendment (19A), which it has now abolished. The 20th Amendment (20A), which was passed in Parliament with 156 votes, on Thursday, has restored the executive powers of the President fully, and, now, the SLPP will have to fulfil its election pledges without trotting out excuses.
The House was reeking of hypocrisy during the two-day debate on 20A. Members of the SJB, an offshoot of the UNP, which created the executive presidency and benefited from it for 17 years, were opposing that institution. The government members, who had opposed the executive presidency, tooth and nail, calling it a curse, under the JRJ and Premadasa governments, went all out to restore its powers that 19A had removed. The curse has now become a blessing for them! Former President Maithripala Sirisena found it too embarrassing to vote for 20A and, therefore, kept away. If there is anything predictable about Sirisena, it is his unpredictability. The northern politicians who unflinchingly offered their services as bootlickers to Prabhakaran and declared him as the sole representatives of the Tamil people although he did not have representation even in a local government body waxed eloquent on the virtues of democracy. They made 20A out to be a bigger threat to democracy than terrorism!
The SLPP dissenters, as we argued in a previous column, adopted the same ruse as the accomplices of pickpockets. When pickpockets get into trouble their friends come posing as irate members of the public, beat them and take them away before the arrival of the police. The SLPP MPs, who voiced dissent over 20A, joined ayes, during the vote, as expected. President Gotabaya Rajapaksa provided them with an excuse for their U-turn; he promised to have a new Constitution framed, claiming that 20A was only a stop-gap measure.
The promulgation of a new Constitution does not seem to have a snowball’s chance in hell. The government is sure to baulk at the issue of devolution of power. The nationalistic forces that propelled it to power are opposed to the 13th Amendment (13A), which they want abolished. They point out that the country has done without the Provincial Councils (PCs) for the last couple of years and saved billions of rupees. The TNA and others of its ilk are demanding more devolution, and India keeps the government reminded of the promised 13 Plus (meaning devolution going beyond what has been granted by 13A).
If the government really wants to introduce a new Constitution, it will have to scrap 13A or retain it, endorsing it in the process, or fulfil its 13 Plus promise to India. Most of all, it will have to address issues concerning land and police powers, which the TNA, etc., want the provinces to exercise. Beset with a host of seemingly intractable problems such as a national health crisis, an ailing economy, diminishing foreign reserves, balance of payment woes, debt servicing and human rights issues in Geneva, the government will not need another mega issue to contend with on the political front.
The SJB suffered a major blow on Thursday. Eight of its MPs including Diana Gamage, former General Secretary of the Ape Jathika Peramuna, which was renamed and registered as the SJB, under controversial circumstances, voted with the government. Something similar happened to the Opposition after the UPFA’s victory in 2010. The Rajapaksa government with 144 seats in Parliament secured the passage of the 18th Amendment with a two-thirds majority thanks to some Opposition MPs of easy virtue. The UNP, which won 60 seats at the 2010 general election, was left with only 44 owing to crossovers. A cocky Rajapaksa government considered itself invincible, but its Titanic moment came in January 2015. This is something that the present-day rulers, who were in power during that period, should bear in mind. They do not seem to learn from their mistakes.
A different case
Lasantha Wickrematunge’s daughter, Ahimsa, and four others have written last week to Attorney General Dappula de Livera appealing to “protect the life” of former CID Director Shani Abeysekera held in a military-run facility for covid-19 infected persons, having contracted the virus while in remand custody. There is no escaping the fact that our overcrowded prisons, literally bursting at the seams for many years, are a hotbed of covid with both prisoners and officials highly vulnerable to infection. All those who have signed the appeal to the AG are victims of grave and violent crimes under the laws of this country. While Lasantha Wickrematunge, an outspoken editor who had courageously courted death by hitting out at the high and mighty, was brutally clubbed to death in broad daylight in a high security zone, the others say their kin had been abducted and “disappeared.”
What the AG can or will do to protect a now interdicted senior policeman remains an open question. The authorities are very well aware that jailed or detained law enforcers are under grave risk in prison where they are at the mercy of hardened criminals who cannot bear the sight of a cop. In fact, Abeysekera was accorded personal security by the state until November last year when he was removed from the CID. Such arrangements are made on the basis of threat assessments made by specialists in the subject who would have had little difficulty in determining that he was at high risk given the work he was doing. Following his removal from the CID this security was withdrawn and he was interdicted without a charge sheet, according to the appeal now before the AG. What is stated there is easily verifiable.
Persons subject to investigations, including high profile politicians in office, will have many axes to grind against policemen who either investigated or supervised the investigations of matters involving them. Thus it was a matter of no surprise that Abeysekara was removed from his high profile position and subsequently harassed, if not persecuted, after the change of government. Many persons in office have accused him by name of framing them. How true or not such allegations are remain to be established. But there is no escaping the reality that there had been political direction on who was or was not investigated. A high-powered committee is alleged to have operated from ‘Temple Trees’ determining priorities and direction of investigations. Much has been made of the fact that former Central Bank Governor Arjuna Mahendran accused of involvement in the bond scam was allowed to return to Singapore, where he is a citizen, without let or hindrance. He has since been out of reach.
That some are more equal than others is a fact of life in this country. How many persons of importance or wealth including politicians, either convicted or in custody, have spent time in the Merchant’s Ward of the National Hospital or in the Prison Hospital? Even people convicted or murder and sentenced to death who had been (or should have been) in Death Row have been beneficiaries of such privileges. Former President Maithripala Sirisena pardoned the young man found guilty of murdering his girlfriend’s sister at the Royal Park apartment complex towards the end of his term. He provided justifications for this act of clemency that many found lame. The beneficiary, conscious no doubt of the possibility of the wheel turning left the country and, as far as we know, had not returned since. It is well known that privileged persons in jail are handled with kid gloves and accorded semi-luxury facilities. We do not know whether there are arrangements in jails for the safety of vulnerable convicts or suspects (eg. policemen) even under special circumstances. With the best will in the world, these would be hard to provide under present congested conditions in prisons.
Bloodhounds set on political opponents are massively vulnerable following changes of government, and Abeysekara probably belongs to that category. It is now nearly 12 years since Lasantha Wicrematunge was bumped off by a group widely believed to be a state-connected hit squad. While some suspects have been identified and bailed, no indictments have been served up to now. His daughter and the other signatories to the letter sent to the AG say that after years of stonewalling, “Abeysekara was one of the few impartial police officers who had the courage to seek justice for our families.” They have also said in their letter “If every public servant has the backbone, integrity and conviction of Mr. Abeysekara, our loved ones would still be alive today. By doing his job and seeking justice for those we lost, Mr. Abeysekara’s own life is now in danger. We owe a debt of honour to speak on his behalf.”
Opposition Leader Sajith Premadasa had said in parliament as this is being written that Abeysekara should be moved to the Infectious Diseases Hospital on humanitarian grounds. It has been reported that his family too have been in contact with the Human Rights Commission regarding his welfare. We hope that the concerned authorities would take note of what has been urged and treat this police officer who has been both highly praised and strongly condemned with due consideration. Who he investigated is not relevant in this context. Travails of investigators, such as he, would be a deterrent to other law enforcers performing their duties without fear or favour especially in sensitive cases. The worst case scenario for most cops properly doing their jobs and rubbing politicos on the wrong side would be a transfer. But this case is different.
Name that evil foreign power!
Saturday 28th November, 2020
Mystery surrounds some vital aspects of the Easter Sunday attacks although those who carried them out have been identified and their confederates arrested. That a group of National Thowheed Jamaath (NTJ) terrorists, led by Zahran Hashim, carried out a series of suicide bombings, on 21 April 2019, is known to one and all, but who actually handled them has not yet been found out. The police have confirmed that the NTJ had planned a second wave of attacks on places of Buddhist worship and the Kandy Dalada Perahera. So, if Zahran had been the real terror mastermind, he would not have chosen to die in the first wave of terror without waiting to ensure that his outfit would be able to carry out the second wave of bombings, as we argued in a previous column. Former DIG CID Ravi Seneviratne, has recently told the Presidential Commission of Inquiry, probing the Easter Sunday carnage, that someone handled Zahran, and he had to be traced if threats to Sri Lanka’s national security are be neutralised effectively.
Now, no less a person than Maithripala Sirisena, who was the President, at the time of the Easter Sunday attacks, has confirmed that there was a foreign hand behind the carnage. On Wednesday, testifying before the PCoI probing the Easter Sunday terror, he declared that there had been a foreign power behind the terror attacks. All information about the terrorist bombings at issue was available to him as the President and Minister of Defence, and his statement must, therefore, be based on credible intelligence. He should name the foreign power; not only the Sri Lankan public but also the whole world have a right to know what that evil force is. It may be responsible for terror strikes in other parts of the world as well.
On an earlier occasion, Leader of the Sri Lanka Muslim Congress and former Justice Minister, Rauff Hakeem, made a similar statement before the PCoI. He said the NTJ and its leader Zahran were only pawns, and there had been a hidden hand behind the Easter Sunday attacks, which, he said, had been aimed at destabilising the country. Asked by the commission to name names, he did so in camera.
Archbishop of Colombo Malcolm Cardinal Ranjtih, however, was the first to state, in public, that the Easter Sunday attacks had been part of an ‘international conspiracy’ to destabilise the country. He said so, in July 2019, addressing a congregation at the Katuwapitiya St. Sebastian’s Church, where as many as 118 people had been killed by an NTJ bomber only three months back.
SLPP MP Mahinda Samarasinghe revealed, in Parliament, the other day, that during the closing stages of Eelam war IV, a foreign power had sought to remove Prabhakaran to safety, and one of its ships had been waiting in international waters, for the mission. He said the then President Mahinda Rajapaksa had not given permission for the vessel to enter the Sri Lankan waters. He should have named the country.
Foreign powers move resolutions against Sri Lanka on the basis of unsubstantiated allegations, but the Sri Lankan politicians lack the courage to name and shame the countries that tried to save terrorists and were behind the Easter Sunday bombings, according to them.
Now that former President Sirisena has revealed that there was a foreign involvement in the Easter Sunday bombings, Sri Lanka must seek international assistance to trace the terror mastermind. The UN could be of help in this regard. First of all, let Sirisena be urged to name the foreign power concerned. Having pathetically failed to prevent the Easter Sunday terror strikes, despite intelligence warnings, he should, at least, make public information about the perpetrators of the attacks. He must do so for the sake of the families of those who died on his watch as the President. On the other hand, the act of suppressing information about a crime is a punishable offence.
Virus in hellholes
Friday 27th November 2020
Former Minister Rishad Bathiudeen, who was taken into custody a few weeks ago, has been released on bail. His counsel, asking for bail, brought to the notice of the court that COVID-19 was spreading fast in prisons. Prisoners are a high-risk group. Life is precious, and nobody must be exposed to COVID-19. Bathiudeen’s safety should be ensured. But what about the other suspects, numbering thousands, held in overcrowded remand prisons, and convicts serving sentences?
Prisoners have held protests, claiming that their lives are in danger due to the spread of the pandemic. Their rights must also be respected. Will the suspects currently languishing in remand prisons also be released on bail to save them from the virus? Or, is it that all prisoners and remandees are equal, but politicians amongst them are ‘more equal’?
Bathiudeen was arrested and remanded for violating the Presidential Elections Act, but if the allegation against him—misusing public funds to transport voters in state-owned buses during a presidential election—is anything to go by, then he should be charged under the Offences against Public Property Act, as well. It is a non-bailable offence to violate this particular Act, which the yahapalana government used to have some of its political rivals remanded. Bathiudeen has not yet been prosecuted for destroying forests although the Court of Appeal has recently determined that he cleared a section of the Kallaru forest reserve illegally and ordered him to bear the cost of reforesting the area. He is lucky that the present-day leaders who helped him launch his political career and gave him free rein to do whatever he wanted are wary of pressing for his prosecution over the destruction of forest land. They apparently do not want to open up a can of worms. The rape of the Wilpattu forest began during a previous Rajapaksa government, which benefited from Bathiudeen’s block vote until late 2014, when he decamped and threw in his lot with the common presidential candidate, Maithripala Sirisena.
Bathiudeen evaded arrest, following Attorney General’s order that he be taken into custody and produced in court; he apparently hoped that he would be able to get away like the bond racketeers who went into hiding and obtained an interim injunction staying their arrest warrants. The CID was obviously under pressure not to arrest those elements with political connections, but it became too embarrassing for Bathiudeen’s mentors in the present regime to go all out to prevent his arrest owing to tremendous media pressure.
COVID-19 is spreading in the Sri Lankan prisons as it is not easy to contain the highly contagious coronavirus in overcrowded environments. Precautions should therefore have been taken to prevent its spread. The first wave of COVID-19 ripped through the US prisons, which are much more spacious and have better facilities than the Sri Lankan jails, and left hundreds of inmates dead. Prisoners and their family members staged protests in some parts of the US.
Sri Lanka did not learn from others’ experience; only a committee was appointed some moons ago to find ways and means of easing prison congestion. The Attorney General himself has evinced a keen interest in ensuring the safety of prison inmates. But the situation has taken a turn for the worse, and how the government is planning to make prisons safe is not clear.
Prison overcrowding, however, is not a problem endemic to the developing world. It has come to plague even the developed countries, which have been compelled to experiment with technological solutions. Years ago, some nations including the UK adopted the electronic tagging system, which allows non-violent prisoners to be tagged, released and monitored. Opinion may be divided on this method, but it seems to have worked where it is employed and is worth a shot.
Whatever the methods the government is planning to adopt to make prisons safe, it has to act fast. The clock is ticking.
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