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Zuhair: PTA amendments do not address real issues

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The proposed amendments to the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA) issued by gazette notification published on 27.01.2022 by the Minister of Foreign Affairs do not eliminate the draconian aspects of the original PTA, says former MP M.M. Zuhair, PC.

For example, the continued admission at PTA trials of specified statements made by suspects while in police custody in violation of the time tested provisions of the Evidence Ordinance have led and will lead to further grave injustices, Sri Lanka’s one-time Ambassador in Iran said in a statement issued yesterday.

The following is the text of the statement: “These statements at times recorded by Magistrates and more often by police officers above the rank of Assistant Superintendent of Police (ASPs) take place while the physical security of the suspects remain under the exclusive control of the police. Suspects remain in State control, both before as well as after the statements are recorded, when suspects are under total fear of reprisals if statements are not given in the manner tailor-made by the police. This often happens more often in cases where the police had not been successful in getting evidence implicating suspects already detained.

“Visits by Magistrates to places of detention are welcome but will not remove the fear of mental torture that suspects in police custody will have to face soon after the Magistrate’s departure, if they disclose that they were compelled to make the confessionary statements.

“Reports of the superior courts, the Human Rights Commission and independent lawyers disclose the hostile conditions, harassments and indignity PTA suspects face, not only in police custody but also at the hands of officials and non-PTA suspects in most remand prisons.

“The superior courts of the country have recorded a large number of cases of police intimidation to obtain confessionary statements. The recent case of a State Minister allegedly threatening some PTA suspects in remand custody is widely known. Continuing the widely criticised practice of the executive, namely the President, the Attorney General or a Superintendent of Police (SP), all of whom are executive officials deciding on the grant or refusal of bail for suspects under detention, do not meet the standards set out in our Constitution and by the Supreme Court in several cases.

“The proposed amendment allowing the Court of Appeal to grant bail only if the trial had not commenced can be argued as limiting even the existing powers of the Court of Appeal and also as an attempt to remove the judicial discretion that the original courts ought to exercise when a suspect is produced before a Magistrate.

In addition, for the first time in Sri Lanka’s judicial history a bail approved by the Court of Appeal under the new proposed provision, section 15 B, can be ignored and in effect overruled by a lower Court, namely the High Court which can remand the suspect under the first proviso to section 15 B until the conclusion of the trial, even in cases where Court of Appeal has approved bail!

“If the intention of the proposed law is to continue to weaponise the PTA against the minorities, as one can easily comprehend thus far from the gross failure by the Attorney General to prosecute PTA offenders belonging to the majority community, the Ministry of Foreign Affairs would be inviting more opposition to Sri Lanka at the UN Human Rights Council from the new proposals. The proposals also denigrate the President’s speech made at the recent inauguration of the new session of Parliament that human rights violations will not be condoned and that “We are a nation that respects international laws and conventions”!

“The period of detention by executive fiat, though reduced from 18 months to 12 months, does not provide for any consequential provision that would enable the judiciary, even in such circumstances and also in cases of custodial torture, to grant bail.

“Amending the PTA to eliminate the obnoxious provisions and bringing it in line with the provisions of our own Constitution as well as international treaties, would be the minimum that can be done to restore the country’s image as a modern nation State.”



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FSP warns of possible coal shortage

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“No shipment for 10 days; seas off western coast will become rough by April end”

Education Secretary of the Frontline Socialist Party (FSP) Pubudu Jayagoda says the Indian company which secured a tender to supply coal for electricity generation this year has delivered only 13 of the 25 shipments required and no vessel has arrived in Sri Lanka for the last 10 days or so.

Jayagoda said so while addressing the media during a protest held in Colombo yesterday.

Jayagoda said the Indian company Trident Chemphar, which secured the tender to supply 25 coal shipments for 2026, had placed the country’s coal stocks at risk.

Although all 25 coal shipments are required to be unloaded before the end of April, only 13 vessels have arrived in Sri Lanka so far, according to Jayagoda. He also claimed that no shipment had arrived during the first week of March, adding that coal vessels had not arrived for about 10 days.

Jayagoda warned that the situation could endanger the country’s energy supply as the seas off the western coast usually turn rough by the end of April, disrupting unloading operations.

According to Jayagoda, a report submitted by the Public Utilities Commission of Sri Lanka to the Parliamentary Oversight Committee on infrastructure and strategic development, power cuts may become necessary from August even if the country falls short of five shipments unless electricity is generated using costly diesel-powered thermal plants.

Jayagoda also alleged irregularities in the tender process, claiming that the government had changed tender specifications and delayed the tender process by about four months, possibly to allow the Indian company time to register and secure performance guarantees.

He further alleged that the coal supplied by the Indian company was substandard.

Jayagoda questioned why the tender had not been cancelled despite several shipments allegedly failing to meet quality standards and why no investigation had been launched.He asked why legal action had not been taken against the company despite supply disruptions.

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Repatriation of Iranian naval personnel Sri Lanka’s call: Washington

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The US Department of State has said that Washington respects Sri Lanka’s sovereignty in handling matters relating to the Iranian warship IRIS Bushehr and its crew, according to agency reports, quoting a State Department Spokesperson. He has said the final decision regarding the vessel, its crew and the rescued Iranian sailors rests with Sri Lanka in accordance with its domestic laws and international legal obligations.

The statement follows comments by Foreign Minister Vijitha Herath that Sri Lanka was looking after 32 sailors rescued from the Iranian frigate IRIS Dena under Colombo’s international treaty obligations.

The frigate was sunk by a US submarine off Sri Lanka’s southern coast on Wednesday during escalating hostilities involving the United States and Iran.

Sri Lanka’s Navy conducted rescue operations, following the incident, recovering 84 bodies.

Asked whether Colombo was under US pressure not to repatriate the Iranian sailors, Herath said Sri Lanka had taken all actions in accordance with international law.

Sri Lanka also provided safe harbour to the second Iranian warship, IRIS Bushehr, and evacuated its 219 crew members a day after the Dena was torpedoed. The vessel was taken to the port of Trincomalee after reporting engine problems.

Citing an internal cable, Reuters reported that Washington had urged Sri Lanka not to repatriate the Iranian sailors. However, the State Department spokesperson reiterated that the disposition of the crew and survivors was a matter for Sri Lanka to decide, adding that the United States respects Sri Lanka’s sovereignty in managing the situation.

Meanwhile, India allowed a third Iranian warship, IRIS Lavan, to dock in a port on humanitarian grounds after it reported operational difficulties.

The ship docked at the port of Kochi, where many of the crew, including young cadets, were disembarked and transferred to a nearby facility.

President Anura Kumara Dissanayake said Colombo would follow the provisions of the Hague Convention, which requires neutral states to detain combatants of warring parties until the end of hostilities.

A senior administration official said Sri Lanka was in discussions with the International Committee of the Red Cross regarding the treatment of survivors from the torpedoed vessel. International humanitarian law would apply to the wounded, who could be repatriated if they requested it, the official added.

Iranian diplomats in Colombo have requested the return of the remains of sailors killed in the attack to Iran.

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Indian Ocean must remain peace zone: Sajith

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Opposition and SJB leader Sajith Premadasa, emphasised the critical need for the Indian Ocean region to remain peaceful and not become part of any conflict, said a news report published by NDTV yesterday.

It said: As the Iran-Israel war enters its second week, the theatre of the war has expanded dramatically, reaching the waters of Sri Lanka. With the sinking of Iranian warship IRIS Dena in international waters off Lanka’s coast and the docking of a second Iranian vessel, IRIS Busheher, Colombo has become embroiled in a conflict where it seeks to remain only a neutral bystander.

Speaking with NDTV, Sajith Premadasa, Leader of the Opposition in Sri Lanka emphasised the critical need for the Indian Ocean region to remain peaceful and not become part of any conflict.

“The Indian Ocean has on successive occasions been declared a peaceful area and should remain so,” said Premadasa.

The Sri Lankan government has said that it will attend to all survivors of the ill-fated IRIS Dena and IRIS Busheher as per international protocols and norms. Sri Lankan President Anura Kumara Dissanayake said his country had a “humanitarian responsibility” to take in the crew of the vessel, which was allowed to dock at Trincomalee in Northern Sri Lanka.

Premadasa, who is the leader of the opposition party SJB, called on all parties to cease the ‘asymmetric warfare’. He cautioned that the widening conflict would have devastating consequences for smaller countries like Sri Lanka, which is still reeling from its worst economic crisis in 2022.

“The Middle East conflict is already spreading to other countries, and this is having an impact on Sri Lanka and Sri Lankan people,” Mr Premadasa told NDTV.

A third Iranian vessel that was in the Indian Ocean, IRIS Lavan, has docked at Kochi in India. India has said it was a “humanitarian call” after the vessel sent out a distress call.

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