Courtesy The Island

AG, CJ asked to take action against lawyer for triggering violence

The Human Rights Commission of Sri Lanka (HRCSL) has declared that a false allegation by President of the Committee for Protecting Rights of Prisoners (CPRP) Attorney-at-Law Senaka Perera that some prisoners were used to attack anti-government protesters outside Temple Trees and at Galle Face on 09 May triggered violence in many parts of the country.

The HRCSL also faulted Sudesh Nadimal Silva also of the same organisation for propagating unsubstantiated allegations.

Justice (ret.) Rohini Marasinghe, in her capacity as the Chairperson of the HRCSL, said that both Senaka Perera and Sudesh Nandimal had failed to substantiate their allegations made at the Galle Face protest site on 10 May.

The HRCSL, in a statement issued yesterday (29) quoted Justice Marasinghe as having said: False propaganda as well as misinformation of the alleged use of Prisoners to have attacked the innocent protesters is both a diabolical lie and a deceitful action.”

The HRCSL has recommended that Attorney General Sanjaya Rajaratnam conduct a further investigations into allegations made by Senaka Perera and take necessary action

The HRCSL has requested Chief Justice Jayantha Jayasuriya, PC, to take note of the detrimental statements made by Attorney-at-Law Senaka Perera and take due action.

The HRCSL consists of Ven. Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan.

The HRCSL dealt with the issue in a statement titled ‘The HRCSL condemns the false media broadcast made by the President of the Committee for Protecting Rights of Prisoners’.

The HRCSL issued the statement after the conclusion of a special investigation by an appointed committee of investigators (Col).

CoI consisted of Sanjeewa Weerawickrama, Attorney -at- Law, Miss. lmasha Senadeera, Attorney-at-Law and Dr. Dilshani Bogollagama.

Referring to allegation that prisoners had been used to attack protesters at protest sites at Galle Face and Temple Trees, the HRCSL said that the CoI determined that no prisoners had been used in perpetrating any attack on the peaceful protesters.

The HRCSL asserted that the unsubstantiated allegations caused an irreversible damage to the country.

The HRCSL said that a group of prisoners had been seriously assaulted and subjected to mental and physical torture by an unidentified group on 09 May.

The HRCSL stated: The unprecedented ruthless nature of the attack on prisoners and officials resulted in injuries and hospitalization of many inmates.” Since the incidents, eight prisoners hadn’t been accounted for so far, it has said.

The prisoners had been made available to the private sector enterprises in terms of an agreement endorsed by the Cabinet of Ministers in Oct 2021. On the day of the incidents, a group of prisoners had been taken to a designated work place and were on their way back when gangs intercepted them.

Attorney at Law Mr. Senaka Perera, the convener of the conference identified himself as a Human Rights Activist. The COI provided the CPRP president Mr. Senaka Perera with the opportunity to justify his statements that caused an outrage in both Sri Lanka and the World at large. For the purpose of submission of any evidence, in either oral statements or picture documentation in support of his statements, Mr. Perera was extended a justifiable time period. However, he expressly affirmed before the Committee that at the time of the statement or even thereafter he did not have any tangible evidence in favor of his expressed views in regard to the alleged incident. Mr. Sudesh Nadimal Silva was also summoned to give evidence before the COl. The Committee explaining the paramount importance of the maintenance of professional ethics provided Mr. Sudesh Nadimal Silva with the opportunity to provide a justifiable explanation for his expressed allegations. However, he was unable to provide any acceptable evidence in support of his statements.

The COI observed that the press conference which was chaired by M. Senaka Perera had dispensed totally false statements without any sustantive evidence.

Following the above-mentioned facts, the COI has identified the grave consequences of the negligent attitude of making unfounded statements. Inciting agitation in the general public against state departments and personnel has inadvertently led to disruptions to the law and order of the Country.

The COI further observed that these inaccurate declarations conveyed by the above speakers directly contributed to the series of violent activities and right violations, reported island wide. The combined result of the atrocities that occurred within a mere 48 hours resulted in the loss of 12 human lives with several hundred injured casualties. In addition, intentional damage and arson to both public and private properties surmount to the loss of billions of rupees.

After a thorough and diligent inquiry, the COI has arrived at the following conclusions. The highly irresponsible misconduct by the Attorney-of-Law Senaka Perera, with his speculative allegations with no substantiated evidence, resulted in disastrous consequences.

Hence, it is of paramount importance that members of professional bodies need to be guided by the code of conduct or the professional ethics as set out by the respective professional bodies for the due conduct of the members. These conditions of misconduct from individuals of representation and influence should be held accountable by the respective professional bodies.

It is the view of the COI that national media institutions must consciously adhere to responsible reporting and promote journalism with integrity, especially during this volatile period of both political and economic instability. This tantamount to avoidance of direct reporting of incidence without due assessment of this veracity and credibility. The Committee further advocates promotion of investigative journalist practices with the objective of strengthening the democratic fabric of the Country.”