Shehan Chamika Silva Courtesy The Daily Mirror

According to the personal computation of retired Deputy Governor, W.A. Wijeywardena, who testified at the Presidential Commission today, the government’s long term loss for the next thirty years would be Rs.10 billion due to the failure of not meeting the appropriate terms in the process of issuing Treasury Bonds which took place on February 27, 2015.

His personal computation had also indicated that the immediate loss after the issuance of the bonds incurred Rs. 532 million to the government.

It was explained, that the February 2015 bond auction was originally intended to sell 1 billion rupees ($7 million) of 30 year bonds. Following the auction the Public Debt Department (PDD) had recommended to accept Rs. 2.6 billion amount of the bids.

However, disregarding the recommendation of PDD to accept only Rs. 2.6 billion, the Former Governor had unusually visited twice the PDD while the auction was taking place and had instructed to accept Rs. 10.058 billion amounts of bids at a higher interest rate of 12.5%.

When the recommendation was before for the approval of the Tender Board, the Governor had instructed the chairman of the board to accept the bid, even though there were some disputed arguments at the board discussions on the acceptance of bids.

Former DG said that instead of accepting such a high amount of bids at a very high interest rate, the Central Bank could have met the Rs. 13 billion fund requirement of the Government by March 2, 2015, using borrowings in a form of a hybrid version from both the Bank of Ceylon and in a way of REPO transactions with Employee’s Provident Fund. And still if there was a due balance, it could have then raised funds using the Direct Placements.

He was on the view that the Tender Board and Former Governor Arjun Mahendran had failed to exercise due diligence, since when such approval (10.058 billion amounts of bids) is before the Tender Board, the members and the chairman should have taken steps to prevent it, and also before instructing to approve such, Mr. Mahendran should have gone through the Monetary Board. I would say that ultimately the Monetary Board is responsible over the loss incurred to the government,” he said.

When questioned over the interferences occurred to the PDD by the Former Governor, he said that his nine years as the chairman of the Tender Board had never seen such intervention of a governor while the bond auction was taking place nor any of other intervention into the process.

Explaining the consequences of the two decisions taken by the former governor that to remove the 5% penalty rate and the acceptance of 10.058 billion amounts of bids at a higher interest rate of 12.5%, he said those two decisions had caused the hike of the market interest rate later. (

https://www.facebook.com/VoteMahinda/videos/10155151058193040/

By Dr.Tilak S. Fernando

Last Saturday, this column highlighted how helpless Asirigama villagers in Habarana have been ‘Deprived and Discarded’. The news went viral on the Internet to generate overwhelming responses from fellow Sri Lankans and the expatriate community living aboard. The main story revolved on the seven-day-old baby Kavishka Sandaruwan, who was killed by a dog, but the plight of the villagers too seems to have touched many a heart.

All human behaviour is composed of basic emotions, and its range and the nature become universally shared by humanity as a whole. This is what made fellow Sri Lankans, both local and expatriates, to contact the writer, desperately wanting to help, the immediate family as well as the villagers.

Utter shock

When all is said and done, it is mind-boggling that, not a single blind, deaf and uncaring politician was able to respond to such a calamity whereas, caring Sri Lankans from thousands of miles away felt there was a dire need to offer voluntary help during this tear-jerking situation.

On the day, the writer reached the dead baby’s parents’ shack, it came to light that the biggest hurdle faced in helping anyone was due to the lack of villagers possessing National Identity Cards to open a bank account for donor contributions. This placed the Samurdi official and the bank officers in an awkward position with their hands tied in assisting them. Namalpura villagers do not have permanent jobs, and the lack of water deprived them even from any cultivation, which means that the majority live only on a single meal per day, if they could find resources to fulfill that either. So, this neglected society’s primary emotions are experienced through specific sensations, representing directly on the physical environment such as fear, pain, hunger, and their biological functions for mere survival.

The writer wishes to thank all those who contacted him by email, and showing their willingness to help and made specific enquiries as to how they could extend assistance. When bank accounts are opened for Asirigama folk, which is actively perused by the Dambulla TV correspondent, all relevant parties will be notified.

Among those responded to the article was Dr. Quintus de Zylva, all the way from Australia, in order that the AuSLMAT could extend a helping hand once again. The AuSLMAT is an organisation, under the patronage of Dr. Quintus de Zylva, who initially visited Sri Lanka during the tsunami disaster. Ever since a team of doctors from the AuSLMAT has been visiting annually to help Sri Lankans in many forms.

Roshini Pinidiya, the Principal of Hemachandra Maha Vidyalaya Mudugamuwa, Weligama offered the school to AuSLMAT for a free medical clinic at Weligama on Thursday 6 July2017, when the Australian team saw over a hundred patients that afternoon and enjoyed the interaction with students. The team also offered children ice cream after the clinic. AuSLMAT team has been invited by the Principal again to conduct a medical clinic on their next medical mission to Sri Lanka in 2018. The school itself was a donation made by Dr. Dilshani Jayewardene’s grandfather. Dr. Dilshani is an endocrinologist in Melbourne and she too assisted the AuSLMAT at the clinic.

Childcare

AuSLMAT has a close association with children in Sri Lanka and assist them in their English and IT studies. Some of the children, who live in Weligama, and never been to a resort, were invited to host them when Nishani celebrated her birthday party at Calamander Unwatuna Beach Resort on 7 July 2017. The AuSLMAT wishes to extend its gratitude to the many donors who have supported this outreach since the tsunami of 2004. To coincide with their 2018 visit, the writer already liaised with Dr. Quintus de Zylva in an attempt to kill two birds with one stone.

Dilshan Kavindu, who is studying at the Mara Angunna Badulla Kanista Vidyalaya, was shown on TV studying with a help of a kerosene lamp while stretching on the floor. The writer contacted Miss.Neetha, the class teacher of Dilshan and found out how this boy, who scored 100 per cent in the Grade V scholarship examination, could not proceed further to maximize his talents, due to destitution. His father, a labourer, had been killed in a road accident, and ever since, the full burden of upbringing the family has fallen on his mother’s shoulders.

Rubbing salt to injury, as it were, Dilshan has a brother of 13 years of age, who is paralysed. This very reason kept the mother at home, without any income, her prime duty being having to attend to the paralyzed son. For her salvation fortunately, her mother-in-law has taken over, part of the beleaguered family responsibilities and offered to look after the two kids and housed them in her family house, in order to let the daughter-in-law earn a living. Their clay hut has been devastated due to stormy weather.

Miss. Neetha informed the writer that on the day the mother-in-law is not there anymore to help them, this poverty-stricken family will have to end up on the streets. Dr. Quintus de Silva has communicated through the writer, and has arranged to meet with teacher and the family during their next trip to Sri Lanka in 2018, which the writer has conveyed back to Miss. Neetha accordingly.

In the meanwhile, on the Namalpura scene, there have been assurances to build a house to the deceased baby’s family by a philanthropist and volunteers seem to visit the village and begun to distribute dry rations to the villagers.

Great achievement is usually born of great sacrifice, and is never the result of selfishness” – Napoleon Hill

tilakfernando@gmail.com

Adaderana

Mahinda Gunasekera   Agincourt, Ontario Canada    

His Excellency, Maithripala Sirisena
President of Sri Lanka (Ceylon)
Aekiya/Orumiththa Nadu State
Colombo, Sri Lanka (Ceylon)
Copy to: Hon. Ranil Wickremasinghe, Prime Minister
Aekiya/Orumiththa Nadu State of Sri Lanka (Ceylon)

Your Excellency, Honourable Prime Minister and Senior Members of the Cabinet,

Proposed New National Constitution Unitary Form of Government:

I am writing to point out several serious shortcomings in the proposed New National Constitution which are irrelevant and tending to drastically reduce the powers wielded by the Central Government, and the grave potential for the present unitary state to wither away leading to the creation of federal units with additional devolved powers that will give rise to these peripheral units drifting apart and moving towards secession and separation. Furthermore, as none of these peripheral units other than the western province has the capacity to raise the needed funds to meet the financial obligations required to carry out the devolved functions, they will continue to depend on the Centre for a large share of the financing as at present while the Centre’s ability to control provincial units will diminish substantively.

Although, both the President and Prime Minister have assured the public that Sri Lanka will remain an Unitary State, the words being used in the proposed constitution to describe the structure of governance is totally deceitful, as the very word ‘unitary’ has been deleted from the English version, and therein substituted with the Sinhala and Tamil words ‘Aekiya/Orumiththa Nadu’, which is redundant, especially as the English word ‘unitary’ has a well defined meaning, understood and accepted by the public. Aekiya is a Sinhala word coined to mean unitary, whereas the new Tamil word ‘Orumiththa Nadu’ means ‘joined together’ or ‘united’ and not the same as ‘unitary’ earlier represented by the Tamil word ‘ottriachchi’ as contained in the national constitution since 1972. This is a fraudulent attempt to cheat the public by making the Sinhalese think there is no change, while at the same time it is a foolish move to try and please the Tamils who seek a federal structure as an interim measure prior to separation. If the drafting committee thinks that they can hoodwink the public by using words with different meanings in Sinhala and Tamil, there certainly are no greater fools than them.

Enhancing the Federal System of Governance

Merely proclaiming Sri Lanka to be a Unitary state while the very definition is being muddled with the use of new words in Tamil that have a different connotation only exposes the duplicity of the architects of the proposed new constitution. Further evidence to uphold the deceptive moves to fashion a federal system are observed from the following changes included in the draft proposals:

1. The elimination of the Concurrent List which allowed the Centre to deal with issues of importance outside the National List alongside of the Provinces;
2. Removing the Centre’s ability to override Statutes enacted by Provincial Councils in the national interest;
3. Provincial Governor though appointed by the President will report to the Chief Minister and will not be coming under any Presidential directives;
4. The right for two or more Provinces to merge following a public referendum within merely the provinces concerned goes beyond powers enjoyed by regional units in regimes recognized as federal states;
5. With the grant of full Police powers to provinces where the DIG-in-charge reports in the first instance to the Chief Minister, information relating to any planned insurrection cannot be acted on by the President until the Central Parliament and the Courts have reviewed the matter leaving room for serious harm being caused in the interim both to the public and the state.

Process adopted for designing a New Constitution:

A farcical process was put in place beginning with the public consultation stage where just five days was allowed for submissions to a Consultative Committee stacked with NGO officials whose remuneration was dependent on foreign sources obliged to satisfy the agendas of their paymasters overseas, headed by one Lal Wijenayake. Most of the parliamentary committees are headed by those holding federalist positions, while those supportive of a nationalist platform within a unitary system have been sidelined to please the minorities, Tamil diaspora and western powers that sponsored a resolution against Sri Lanka at the UNHRC encroaching on areas reserved for sovereign states, which unfortunately was co-sponsored by a spineless and subservient lot comprising the present government in September 2015. It is unclear if the reports of the six parliamentary committees and the parliamentary apex committee or even that of the consultative committee have included any of the proposals made by the public? It is a long winded process of going through the motions making it appear that all necessary steps have been followed and ending with a predetermined document prepared by the apex committee totally disregarding the public’s views.

The government allowed special financial packages to the already pampered parliamentarians including a monthly allowance of Rs.100,000.00, duty free vehicle permits which they sold immediately on importation making profits of around 30-40 million rupees, plus an increase in the daily attendance allowance from Rs.500.00 to Rs.2,500.00 which no other employed person receives, merely for presenting themselves in parliament which they are required to do in the normal course. Apparently, these special payments were granted as inducements to win their approval for the proposed constitution which has many shortcomings.

Place Conferred to Buddhism:

The wording contained in the proposed constitution does not confer the same recognition given to Buddhism as bestowed in the previous national constitutions per Chapter II, Article 9, which allows the foremost place and at the same time enjoins the state to protect and foster the Buddha Sasana, despite such assurances given by both the President and Prime Minister. Buddhism has held the foremost place for over 2,300 years while accommodating all other religious beliefs and practices that arrived later. Since the acceptance of the Buddhist Teachings by King Devanampiyatissa and his subjects and establishment of the Buddha Sasana, the sublime philosophy which highlighted mental development and inner peace, heralded a unique civilization that gave an impetus to advancements in the arts, architecture, hydraulic system to harness water, social customs and values, that has enriched the lives of the island’s people. Even today, with over 70 percent of the population being adherents of Buddhism, the constitution grants all citizens the freedom to adopt, practice in private or in public, and teach any religion of their choice per Articles 10 and 14(1)(e).

The leader of the Tamil National Alliance who is also the leader of the opposition and the Cardinal heading the Catholic Church have publicly stated that they have no objection to the retention of these Articles allowing the foremost place to Buddhism as already granted. Contrary to assurances by the head of state, I understand that the responsibility entrusted to the state to protect and foster Buddhism has been watered down by removing the word state, and instead providing that ‘Sri Lanka’ would ‘protect and foster Buddhism’, thereby making it vague by not fixing responsibility.

Creation of a new Constitutional Court outside the purview of the Supreme Court:

The need for a new Constitutional Court independent of the existing court structure and the Supreme Court is both a dangerous and unnecessary move where politically favourable judges could serve their  political masters to the detriment of peace, good order and justice. Sri Lanka’s Supreme Court has been functioning since 1801 and is a very mature institution that has earned the respect of the public. The judges of the Supreme Court have risen through the lower courts or gained experience in the Attorney General’s Department over a long period of time, having the knowledge and confidence to deal with matters coming before them with adequate knowledge of the law in reaching fair and sound judgments.

Establishment of a Senate or Second Chamber:

There is no need for a second chamber or senate as we already have people’s representatives elected to parliament from all regions, provincial councils and local government bodies to deal with people’s issues. In fact, there are too many politicians feeding off the public purse and even enriching themselves on public service contracts and development projects thereby increasing the debt load and costs to the people they represent. The issues faced by the people remain unresolved or dealt with at a higher cost due to commissions extorted by the people’s representatives and some public officials. We have a bloated cabinet, a growing list of perks for politicians including those defeated at the polls who make their way through the back door called the ‘National List’, making up too many Chiefs with no Indians to do the work. We need to eliminate the fat, reduce inefficiencies and build an administration that is cost conscious and responsive to the people’s needs.

An Alternate Constitutional Arrangement:

The present presidential system where a large proportion of power has been vested in a single Executive President who is also the Commander of the Armed Forces could be of use during a period of internal strife, where these powers could be effectively used to combat the insurgent forces and bring about peace, order and stability in the country.  Due to the existing divisive forces, it is best to retain the Executive Presidency elected by the whole country as a unifying force that could effectively grapple with the disruptive elements seeking to break up the country.

Broadly speaking, most are fully in favour of retaining a Unitary Structure of governance as opposed to a Federal, Quasi-Federal based on the Indian model, or other multi-level structure where powers need to be devolved to the semi-autonomous units that are to be set-up for various regions within the tiny island of Sri Lanka, which is the common homeland of all her people.  Federal or quasi-federal systems have been successful to some extent where countries such as Canada, the United States of America, and India with an extensive landmass, involving the coming together of independent colonies in the case of the first two countries, and the weaving together of disparate ethnic and linguistic groups in the 29 states and 7 union territories as found in India, to form a single federal state or country.  Federal systems where limited powers have been devolved to linguistic regions in Switzerland and Belgium too would not fit into Sri Lanka’s demography which is multi-ethnic and multi-religious in character, except for the northern province which has been ethnically cleansed of the Sinhala and Muslim communities who were driven out of the region between 1977 and 1990.  Furthermore, Sri Lanka is a tiny island (roughly 1/16 the size of the Province of Ontario) which cannot afford to create artificial regional barriers based on language or ethnicity that tend to divide the nation state, as her pluralistic society and territorial integrity could best be safeguarded via a locally crafted unitary system of governance that improves on the existing arrangement which is well understood by the people at all levels. Modern technology which permits instant communication has made the world smaller, and is a tool that will help to coordinate state activities in the peripheral units and maintain a highly effective administration that meets the needs of the people.

A federal or quasi-federal structure with a merged north and east will not resolve the issues of the Tamil community as 55 percent of the Tamils live outside this region in mixed ethnic surroundings.  Furthermore, any such merger of two or more provinces cannot be decided on by the resident communities, as issues affecting the equitable distribution of water, and actions in some part of the island which affects the living environment in other parts, prevention and control of the spread of disease, freedom of movement, etc. need to be decided on by the people as a whole.

Enhanced Sharing of Power at the Centre:  It is my firm belief that a revised arrangement to implement an enhanced level of sharing of power at the Centre between the various ethnic communities that make up the demographic mosaic of the population of Sri Lanka could take the nation from its present tug-of-war for extensive or limited devolution to an area of amity, harmony and stability.  The critical ingredient that the legal draftsmen should take into account is to ensure that the minorities also play a role in the decision making process by contributing to the initiation and development of policy, but also, allow them to play a role in the implementation and monitoring of such policies.  This would not only eliminate the alleged charge of majoritarian rule by the minorities that claim they are kept away by the system of governance which is dominated by the majority Sinhala community but also allow them to play a constructive role in the day to day governance.  Such a scheme of power sharing would help to compensate for the corresponding adjustment of powers not duly conferred by the people’s consent to the provinces as envisaged in the process adhered to at the time of adopting the 13th amendment.

In order to arrive at the goal of enhanced sharing of political power at the Centre, I would recommend a blend of the Westminster model with the old Committee System that prevailed during the State Council days prior to independence, to be able to accommodate the minorities in all aspects of governance entrusted to the elected legislature.  I think that the electoral process should be revamped incorporating the following steps to achieve the desired objective:

1. All political parties should nominate their candidate for each electorate as in the past instead of nominating a whole slate for each district. This would eliminate the need for each candidate to seek ‘preferential votes’ from the entire district at a great deal of time, effort and expense, thereby drastically reducing the total election budget needed by each candidate to a manageable level.  It would be useful to specify educational or other work experience requirements to be considered for eligibility to seek candidature for electoral office in order to establish minimum standards for those aspiring to play a role in the highest organs of governance.

This would in addition help to reduce the tendency for elected representatives to acquire funds or other assets through corrupt and illegal means to recover the large sums that they would otherwise spend to seek preferential votes district-wise at the election.

1. b)      The bonus places or additional seats given to nominees in the National List to which the political parties become eligible could still be determined based on the overall voting strength of each party. These additional seats could preferably be reserved for enlisting competent persons who are recognized for their outstanding knowledge, technical skills or volunteer services to the larger community.
2. c)      The senior positions in government that may be reserved for members of the minority communities are given below:

• Minister of Tamil Language and Culture
• Deputy Minister of Disaster Relief and Re-Settlement
• Deputy Minister of Community Development and Social Inequity Eradication
• Deputy Minister of Education
• Deputy Minister of Health Care and Nutrition
• Deputy Minister of Local Government and District Councils
• Deputy Minister of Justice and Law Reform
• Deputy Minister of Plantation Industries

1. d)      It is also recommended that Parliamentary Adjunct (or Consultative) Committees comprising a minimum of 3 or a maximum of 5 elected representatives be co-opted from all parties including those in the opposition by a formal ballot in parliament, to assist the Minister and Deputy Minister of each and every ministry. They may initiate policies for review by the Minister and the Deputy Minister, and also assist the Ministry in monitoring the implementation and assessing the progress of adopted plans.  This Adjunct Committee may elect a Chairperson and coordinator on a rotational basis, and also have the assistance of a ministry official to provide secretarial services.  Each elected member will now be able to make a positive contribution whilst retaining the right to participate in the debates as in the past, with no special remuneration other than a nominal budgetary allocation for such committee work.

They will form a parliamentary support group to the ministry, but will not have any authority to give directives to the ministry officials other than the special officer assigned to assist them.  This will enable members of the minority communities to work with others from the government and the opposition and play a role in the development of policies and implementation thereof, allowing them the opportunity to participate in the day to day governance in matters of state.  Such an arrangement will foster better relations between those in the ruling party and the opposition groups, helping to move from the present confrontational relationship to one that will generate cooperation in the national interest.

Replacing Provincial Councils with new Regional District Councils:    The proposal to share enhanced power at the Centre also envisages a scaling back of devolved powers to the regions as existing at present under the Provincial Councils Act, as the latter structure has proved to be more of a burden than a boon to the ordinary citizens.

This calls for the replacement of the Provincial Councils Act by a Regional District Councils Bill that would provide for an adequate extent of decentralization of powers to the Regional District Councils.  The members of the District Councils may be elected by a separate election for a term of up to 3 years, or picked from among local city, town and village council members who will declare their intention to serve both locally as well as at the district level when they present themselves as candidates for the local council.  Each district council will be headed by a District Executive Chairman who may be picked by the voting public or by the elected councilors.  The District Secretariats established by the Central Government could be suitably modified to serve the needs of the District Councils, thereby economizing on staff usage, facilities and administrative expenses.

Some of the powers to be decentralized to the District Councils amongst others to be determined by a competent authority, are listed below for your perusal:

• Licensing of Automobile Vehicles in the district
• General Health and Sanitation
• Local power generation
• Minor roads and bridges
• Administration of District Courts, Family Courts and Local Dispute Arbitration
• Junior Technical Colleges
• Primary School Education
• Special Police to handle Court duties, Traffic control and non-criminal offences
• Welfare services
• Sports and Cultural activities
• Small scale industries
• Agrarian services to localized farming communities

Appointment of an Ombudsman:

In addition to the existing bodies set up by parliament such as the Human Rights Commission, it is felt that a useful role could be played by an Independent Ombudsmen who may be authorized to look into complaints of abuse by the state sector or other establishment or person, as a large segment of the people are too poor to litigate or seek redress for wrongs done or perceived to have been done against them.  At the same time, steps should be taken to ensure equality of all citizens before the law and grant equal protection to every citizen by re-visiting the Fundamental Rights Chapter.

Detailed proposals have been submitted by me to the Consultative Committee on March 16, 2016, and similar proposals have also been submitted to other special committees set up by the Government of Sri Lanka previously as well, with the material most likely ending up in a dead file in the Committee’s office where they gather dust and fade away from official memory.

Yours

Mahinda Gunasekera
Agincourt,
Ontario
Canada
October 20, 2017

Copies to: Cabinet Ministers and Parliamentarians, Aekiya/Orumiththa Nadu, Sri Lanka (Ceylon)
          Sri Lankan Media

J.A.L Jayasinghe Courtesy The Daily Mirror

Asgiriya Chapter Lekakadikari the Ven. Madagama Shri Dammananda Thera said on Thursday the decision taken by the Karaka Maha Sangha Sabha of the Malwatte and Asgiriya Chapters that there was no need for a new constitution or for any amendments was with the full ‘approval’ and ‘knowledge’ of the Mahanayake Theras of the Malwatte and Asgiriya Chapters.

He said the Maha Sangha of the three chapters would carry out a public awareness and resistance campaign if the Government continued with the proposed Constitution without paying heed to the decision taken by the Karaka Sangha Sabha.

“If the government refuses to change its stance, we will take a final decision with the permission of the Mahanayakes of the Mawatta and Asgiriya Chapters,” the Thera said and added that the opposition by the Maha Sangha was not against the government but against the proposed new constitution.

We have no trust in the new constitution nor trust those who are formulating it,” he said and added that the Maha Sangha of the three Chapters would be organise a massive countrywide protest against the constitution.

The Thera said the Sangha Sabha had decided to discuss the matter with the President and the Prime Minister.

BY MALINDA SENEVIRATNE

Another AG carving a career path?

Upali Cooray

An American, garbed in orange jumpsuit, ostensibly calculated to echo the garb of al Qaeda insurgents apprehended and imprisoned by the United States. He kneels down next to a man dressed in all black, his face covered, and a knife in hand.

For many, this has become a lasting image of the terrorist and insurgent group known as the Islamic state in Iraq and Syria, ISIS or simply Islamic state as it now calls itself.

In a video posted to the internet on August 19, 2014 and extensively distributed over social media, the American delivers a speech, warning President Obama to end air raids against the Islamic State. His persecutor speaks, exhibiting British accent that is so dominant in his performance, cautioning President Obama that attacks on ISIS would result in the spilling of American blood.

He places the knife to the American’s neck and the camera cuts away to show the victim’s severed head, displayed on the back of his lifeless body. Only the beginning of the gruesome act is shown. But it is the fright in the American’s eyes that is hard to forget.

Now we roll back the scenario to Sri Lanka, 11th of June 1990. Police officers numbering 600 – 700 are ordered by the government to surrender to the LTTE for the sake of a peace plan worked out by President Premadasa. All policemen numbering 600 to 700 were taken to Vinayagapuram and Trincomalee jungles. Once they arrived, the LTTE cadres lined up the officers tied their hands behind their backs all were shot dead.

See any similarities between the two scenarios mentioned above? Yes, the LTTE was founded by Prabhakaran in May 1976. Al – Qaeda was founded in 1988 by Osama Bin laden. The ISIS was founded in 1999 by al Baghdadi. LTTE is the founder of world terrorism.

Unlike Bin Laden; Prabhakaran and al – Baghdadi are illiterate. Therefore their ruthlessness is comparatively greater. Educated in history of Islam wary of how sectarianism could compromise his vision for an international Jihadi movement, Bin Laden urged to focus on the real enemy, the US and urged war only on Americans, Israeli or European soil. Whereas al Qaeda’s primary enemy has always been the United States. ISIS targets are much closer to home namely Shi’ite regimes such as Basher Assad’s government in Syria and Haider al-Abad i’s in Iraq that impede the creation of a “pure” radically sectarian Islamic state.

LTTE is the most notorious terrorist group in modern history, to use the tactic of suicide bombing on a large scale. Their “black Tigers” division is responsible for the invention of the suicide belt, a device used by suicide bombers throughout the world today.

In 16th May 2009 Sri Lanka government defeated the LTTE but the defeat was only within Sri Lanka. External elements supportive of the organization were undefeated.  In 2015 the yahapalana government came to power promising to redress the grievances of the victims of the war and meet their demands. UNHCR resolution 30/1 was co-sponsored by the U.S and Sri Lanka. Mangala Samaraweera the minister of foreign affairs at the time undertook to the UNHCR that Sri Lanka would comply with the requirements of the resolution.

American exceptionalism is an ideology that holds that the United States is unique among nations. Therefore, crimes committed in Iraq or any other part of the world go overlooked resulting in consequential more brutal retaliation in the form of ISIS or al-Qaida.

The Americans were defeated and chased out only by one country. That is Viet – Nam (1955-1975) since then no country has been able to challenge the U. S. North Korea led by Kim Jong Un has taken up the challenge by threatening to detonate a hydrogen bomb in America. Hence the U.S. is again under threat which can even end up in a nuclear war, though the likelihood is remote. Why cannot the U.S leave Kim Jong Un alone? Geopolitical reasons and any threat to their supremacy are not tolerated. Can Sri Lanka co-sponsor with the U. S. a war crimes resolution committed by the U.S?

Human rights is a tactic to suppress developing countries, regime change to keep under American domination, imposing sanctions to rival nations like Russia in check, setting up puppet regimes in Asia to bar China’s influence on developing nations, and stop China’s use of southern seas to facilitate its transport of oil which is a means to cripple China’s vast economic development.

Present Government never received a mandate to repeal and replace the existing constitution. Words such as”ekiya” in Sinhala and “orumiththa nadu” in Tamil have replaced the “unitary” status of Sri Lanka. The Tamil word can be translated to united country or country formed by amalgamation.

The yahapalana government especially the Prime Minister is a lackey of the west. Such a man will try all the tricks to sell this country’s sovereignty and independence to the west. The UNP lost its capable leaders such as Lalith Athulathmudali and Gamini Dissanayake who were   killed by the LTTE. Ranil became the leader after a struggle for leadership with Sajith Premadasa. Habitual loser of elections, he piggy backed President Sirisena in 2015. This evidently is a regime change worked out by the US and India.

The answer to our country being forced to comply with the UNHCR resolution can only be annulled by a government having the will power to resist such demands.  The Yahapalana leaders do not have the any interest to do so as they are pawns of a super power.

UPALI COORAY

Egalawan288@gmail.com

Dr Hector Perera         London

When eat chicken curry along with other curries and rice, we hardly think of removing the skin before we eat, never thought about any healthy points either. Chicken up to twice or thrice a week is good for you. Chicken, along with fish and turkey, is white meat and often recommended for a healthy lifestyle. Your chicken intake in your daily meals can be in many different healthy ways such as baking or grilling chicken breast or serving it with a variety of sauces and vegetables. It is, however, important that this chicken be skinless and certainly not fried.

People even eat chicken up to 5 and 6 times a week, may be because they do not like other things such as pork and beef. As long as the chicken is cooked healthily and eaten in limited portions, it will not be health hazard. For a 1600 calorie meal, about 2 portions of 2 ounce chicken servings are usually served in one day. Instead of consuming chicken as protein every day, you can eat fish, beans, legumes or tofu. Sometimes people a variety of dried fish such as tuna, mackerel and sprats. Places such as Negombo and Chilaw are quite famous for dried fish, prawns and sprats. Some people buy these from the local markets and also from weekly pola”.

Eating chicken at every meal, especially processed chicken or fried chicken, defeats the purpose of having healthy meal. Often fried chicken is not only loaded with trans fats but is also fried with the skin on adding to the cholesterol and fat count of the meal. Eating too much of anything is bad and that applies to chicken as well. Takeaway shops always sell fried and ready to eat chicken with chips.

So, you should balance your chicken consumption along with other healthy and interesting proteins to keep your system active and healthy. If you don’t eat chicken skin because you think it’s bad for you, fear not; it is high in unsaturated fat that is beneficial for the heart. Don’t eat too much, though, and know how the chicken was raised

The facts: The next time you cook or eat a piece of chicken, be sure to leave some of the skin on. For years, nutritionists and heart doctors have advised us to remove this fattening part of the bird before enjoying it, but as it turns out, chicken skin really isn’t as bad as was originally believed.

In addition to making cooked chicken juicier and more flavourful, chicken skin contains a good amount of heart healthy unsaturated fat. In fact, the majority of fat in chicken skin is unsaturated, according to the Harvard School of Public Health. Consumption of unsaturated fat is believed to be associated with lowered bad cholesterol and blood pressure levels.

However, there is no mistaking that chicken skin is fattening, so, whether or not you are watching your weight, you should not eat too much of it. It’s fine to leave the skin on that broiled or poached chicken breast, because there is very little difference between a 340-gram skin-on piece and a skinless one when it comes to fat content and calories – about 2.5 grams of saturated fat and 50 calories, to be exact. But gorging on large amounts of chicken skin daily is not going to do your heart or waistline any favours. Some people eat chicken and chips on daily basis and that may not be a good idea if you want to keep you healthy.

A little bit with a chicken-based meal occasionally is fine, but I would not go out of my way to eat a lot of chicken skin,” says Sheena Smith, a naturopath and clinical nutritionist at the Integrated Medicine Institute. Chicken meat, and in particular the skin of the chicken, has more omega-6 fatty acids than any other meat. Omega-6 is an unsaturated fat that increases inflammation in the body and is the driving force behind cardiovascular disease, type 2 diabetes, rheumatoid arthritis and asthma. How you cook the skin is important, too. If you are going to bread or batter and then deep-fry the chicken, then you are turning this whole food into something positively unhealthy. Every step of processing usually takes a whole food further and further away from its most healthy state,” Smith explains. As soon as you bread and deep-fry foods you are simply adding more empty calories.”

Back in the day, people ate the whole bird, skin, fat and all, and they did not have any problems. But this was because the chicken was reared well, unlike today, where most chickens available commercially are injected with hormones and antibiotics and are just highly unnatural. And the sad part is that whatever chemicals are consumed by the chicken is stored in the fat,” says Rucker. Since the skin contains mostly fat, this part of the bird can be highly toxic when eaten. If you know that the chicken has been reared well, however, then go ahead and consume the skin, but do so in small amounts.”

In battery chicken farming, the main disadvantages are discomfort to the animals and abnormal behaviour which are inherent to the system. The design of the system does not allow bird’s sufficient space for exercise, thus restricting or preventing behaviours such as wing flapping and flying, and leading to disuse osteoporosis that renders birds susceptible to fractures on depopulation.

At a recent presentation, I made my audience gasp when I suggested they stop peeling the skin off chicken. After all chicken is a whole food. Until you start taking things away.

Ever really think about that?

When we talk about whole foods, we mean food that is minimally processed. A product of nature – in its natural form. Eating a whole food means eating all the edible parts. For instance, the fat found naturally in milk. The stem on kale. The skin on apples and potatoes and then, chicken.

But we’ve been told that chicken skin is terrible for us. Unlike beef, which is marbled with fat, the fat on chicken lies just below the skin. We strip it away and breed our chickens to be less and less fatty.

So let me suggest that we stop manipulating food and allow our complex bodies, with systems scientists can barely wrap their heads around, eat food as nature provides it. We are not smarter than nature.

Some people suggest that definitely and recommend eating the highest quality animal products you can get your hands on. That means being picky about your source. If you don’t live near a trusted farm, you can order free-range poultry.

Let’s talk about the kind of fat you’ll find in chicken skin. It’s mainly monounsaturated, in the form of oleic acid. Oleic acid, also found in olive oil, is known for beneficial effects on cholesterol.

Of course there are also saturated fats in chicken skin. This is no accident. Nature provides what the body needs. The body does, in fact, need some saturated fat. So why not eat it?

If you’re in the calorie-counting camp, there’s roughly a 50 calorie difference between chicken with or without skin. Seems a small price to pay for a huge increase in flavour and satisfaction.

Did I mention flavour and satisfaction?

When your food satisfies your taste buds and body’s cravings, you don’t need to eat as much or as often. Sugar cravings subside and you can go back to loving food instead of fearing it.

Fat doesn’t make you fat. If it did, the low-fat/non-fat craze would have given us a country of slender people. Instead, we have an obesity epidemic. It just doesn’t add up. Here’s a thought. Eat the skin that occurs naturally on chicken. Forget marinades, seasonings and complicated recipes! Naturally occurring fats make chicken delicious, as-is. Cooking is easy. I mentioned earlier some people prefer eating chicken biryani. Sometime back, I made a mistake by eating this chicken biryani from a famous five star hotel. These hotels keep these precooked chicken biryani, may be in stock for a week or more because not many people ask for these kinds of chicken biryani from a five star hotel. The possibility is that the rice has a certain bacteria called bacillus cereous that multiply in stored biryani. If you want to eat chicken biryani, try from hotels that prepare them on daily basis than eating from stored, old, out dated chicken biryani. Your comments are welcomed perera6@hotmail.co.uk

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the extra-judicial attempt to kill Mr. Pathirana Champika Kumara Jayatunga (28), a resident of Biyagama Police division by SFT Officers. The victim went out with his friend to purchase a new vehicle. Their rented van was fired on by a group of STF Officers in camouflage uniforms. The Officers without giving any signal to stop, fired at the vehicle, seriously injuring Pathirana. Officers brought the victim to the North Colombo Teaching Hospital for treatment of gunshot wounds. The relatives questioned the Police investigating the incident and requested them to bring the responsible Police Officers before the Courts. THEY ARE WAITING FOR JUSTICE.

CASE NARRATIVE:

The Asian Human Rights Commission has received information about Mr. Pathirana Champika Kumara Jayatunga (28), Heiyanthuduwa, Biyagama in the Gampaha District.

On 12 August 2017, Pathirana was at home in Biyagama when his friend Mr. Kumara arrived. He asked him to accompany him to Chilaw and Pathirana agreed to go. They were to confirm the details about purchasing a vehicle for his friend Kumara. Pathirana was travelling in the van rented by Kumara. At 5:30 p.m. on 12 August 2017, as they were driving along, he observed that their vehicle was being overtaken by a Police jeep. He was able to identify the jeep as belonging to the Special Task Force (STF). The Officers were in camouflage uniforms. Pathirana was afraid of them and asked the driver to stop the van. Within a minute, the Officers in the jeep started to open fire on them.

Pathirana was shot and fell on the floor in the rear of the van between the seats. Pathirana asked the Officers for help. He continuously protested to the Officers that he was innocent and not to harm him. The Officers brought him to the Ragama Teaching Hospital where he was admitted to the Emergency Unit for evaluation. Pathirana was in a serious condition. He was immediately brought to the Operating Theater for surgical intervention.

Trying to justify their actions, the Police Media Spokesman issued a statement. It said that SFT officers had information at the end of the week that Pathirana and his friend was on their way to rob wealthy persons on their way to the bank. However, Police did not produce complaints or details of the information which they allegedly received against the victim.

The relatives emphatically stated that the firing incident was reported at 5:30 p.m.. Sri Lankan banks close before 3:30 p.m.. No bank accepts customers beyond the speculated hours. Two exceptions are branches where services extend until 8 p.m. or 24 hour working Super Grade Branches. But, there was no such branches in this area. Therefore the relatives of the victim refuted and did not accept the allegations raised by the Police.

Family members stated that neither Pathirama nor his friend in the van were guilty of violent or criminal activity. They were not a public nuisance to pedestrians or other vehicles on the road. They did not cause trouble for the Officers on duty at that time. No driver, passenger or neighbor in the vicinity made verbal, phone or written complaints against him. One must conclude that in such a situation of suddenly opening firing on them, without warning, is illegal and dangerous.

Relatives knew that the STF Officers were not conducting the official business of ‘peace officers’ according to the Criminal Procedure Code, No: 15 of 1979. It is the regular Police Officers who conduct investigations, make arrests and produce suspects in the Courts. In this instance, STF Officers, without warning, simply opened fire on unsuspecting civilians who were driving along in a peaceful manner. This kind of conduct by STF Officers has caused severe distress, concern and fear among the civilian population.

Following on the above-mentioned facts, the victim’s relatives took the position that STF Officers allegedly attempted to extra-judicially kill Pathirama. They posited that it is the duty of the Officer-in-Charge (OIC) of the Negombo Headquarters Police Station to: investigate, arrest the responsible suspected Officers and report the facts to the Magistrate’s Courts in this attempted murder case. However, up until now, the OIC has failed in his Duty of Care to take ANY action under the Law. THE VICTIM HAS BEEN DENIED JUSTICE.

SUGGESTED ACTION:

Please write to the Authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations of an attempted extra-judicial killing by the Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The officers involved should also face an internal investigation for breach of Police Departmental Orders. The AHRC will write a separate letter to the Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions in this regard.

To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Police attempt to extra-judicially kill and innocent man

Name of Victim: Mr. Pathirana Champika Kumara Jayatunga (28), Heiyanthuduwa, Biyagama in the Gampaha District
Alleged perpetrators:
1) Officers attached to the Special Task Force (STF)
2) Officer-in-Charge (OIC) of the Negombo Headquarters Police Station
Date of incident: 12 August 2017
Place of incident: Negombo Police Division

According to information I have received, Mr. Pathirana Champika Kumara Jayatunga (28), Heiyanthuduwa, Biyagama in the Gampaha District, On 12 August 2017, was at home in Biyagama when his friend Mr. Kumara arrived. He asked him to accompany him to Chilaw and Pathirana agreed to go. They were to confirm the details about purchasing a vehicle for his friend Kumara. Pathirana was travelling in the van rented by Kumara. At 5:30 p.m. on 12 August 2017, as they were driving along, he observed that their vehicle was being overtaken by a Police jeep. He was able to identify the jeep as belonging to the Special Task Force (STF). The Officers were in camouflage uniforms. Pathirana was afraid of them and asked the driver to stop the van. Within a minute, the Officers in the jeep started to open fire on them.

Pathirana was shot and fell on the floor in the rear of the van between the seats. Pathirana asked the Officers for help. He continuously protested to the Officers that he was innocent and not to harm him. The Officers brought him to the Ragama Teaching Hospital where he was admitted to the Emergency Unit for evaluation. Pathirana was in a serious condition. He was immediately brought to the Operating Theater for surgical intervention.

Trying to justify their actions, the Police Media Spokesman issued a statement. It said that SFT officers had information at the end of the week that Pathirana and his friend was on their way to rob wealthy persons on their way to the bank. However, Police did not produce complaints or details of the information which they allegedly received against the victim.

The relatives emphatically stated that the firing incident was reported at 5:30 p.m.. Sri Lankan banks close before 3:30 p.m.. No bank accepts customers beyond the speculated hours. Two exceptions are branches where services extend until 8 p.m. or 24 hour working Super Grade Branches. But, there was no such branches in this area. Therefore the relatives of the victim refuted and did not accept the allegations raised by the Police.

Family members stated that neither Pathirama nor his friend in the van were guilty of violent or criminal activity. They were not a public nuisance to pedestrians or other vehicles on the road. They did not cause trouble for the Officers on duty at that time. No driver, passenger or neighbor in the vicinity made verbal, phone or written complaints against him. One must conclude that in such a situation of suddenly opening firing on them, without warning, is illegal and dangerous.

Relatives knew that the STF Officers were not conducting the official business of ‘peace officers’ according to the Criminal Procedure Code, No: 15 of 1979. It is the regular Police Officers who conduct investigations, make arrests and produce suspects in the Courts. In this instance, STF Officers, without warning, simply opened fire on unsuspecting civilians who were driving along in a peaceful manner. This kind of conduct by STF Officers has caused severe distress, concern and fear among the civilian population.

Following on the above-mentioned facts, the victim’s relatives took the position that STF Officers allegedly attempted to extra-judicially kill Pathirama. They posited that it is the duty of the Officer-in-Charge (OIC) of the Negombo Headquarters Police Station to: investigate, arrest the responsible suspected Officers and report the facts to the Magistrate’s Courts in this attempted murder case. However, up until now, the OIC has failed in his Duty of Care to take ANY action under the Law. THE VICTIM HAS BEEN DENIED JUSTICE.

I therefore request your intervention to ensure that an immediate investigation is undertaken into the attempted murder of Pathirana. He was unexpectedly and directly fired upon by STF Police Officers. The Officers involved must face an internal investigation for breach of Departmental Orders.

Yours Sincerely,
———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara
   Inspector General of Police
   New Secretariat
   Colombo 1
   SRI LANKA
   Fax: +94 11 2 440440 / 327877
   E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
   Attorney General
   Attorney General’s Department
   Colombo 12
   SRI LANKA
   Fax: +94 11 2 436421
   E-mail: ag@attorneygeneral.gov.lk
3. Secretary
   National Police Commission
   3rd Floor, Rotunda Towers
   109 Galle Road
   Colombo 03
   SRI LANKA
   Tel: +94 11 2 395310
   Fax: +94 11 2 395867
   E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
   4. Secretary
   Human Rights Commission
   No. 36, Kynsey Road
   Colombo 8
   SRI LANKA
   Tel: +94 11 2 694 925 / 673 806
   Fax: +94 11 2 694 924 / 696 470
   E-mail: sechrc@sltnet.lk

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Visit our website with more features at www.humanrights.asia.
You can make a difference. Please support our work and make a donation here.
—————————–
Asian Human Rights Commission
G/F
52 Princess Margaret Road
Ho Man Tin, Kowloon
Hongkong S.A.R.
Tel: +(852) 2698-6339 Fax: +(852) 2698-6367
Web: www.humanrights.asia
twitter/youtube/facebook: humanrightsasia

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Dear Friends,

The Asian Human Rights Commission has received information regarding the case of 14-year-old Kahingala Waduge Kanidu Minsara Silva, who was illegally arrested, detained and tortured by the Moratuwa Police Station on 10 October 2017. Minsara is a student at Uyana Kanishta Vidyalaya. On October 8, he had a non-violent dispute with a senior student, after which, Minsara was called to the police station and tortured. After he was produced in court, the Magistrate ordered a medical report and the police to investigate. Until now however, no investigation has been conducted.

Case Narrative:

Kahingala Waduge Priyantha Dunsiri Silva of No: 201/6, Riverside Gardens, Angulana, Moratuwa is married and the father of 14-year-old Kahingala Waduge Kanidu Minsara Silva. Minsara is studying at Year 10 of the Uyana Kanishta Vidyalaya in the Moratuwa Police Division.

On 8 October 2017 Minsara participated in a religious pageant organized by the Buddhist Temple of the village to celebrate the end of Buddhist monks’ raining season precepts (‘Katina’ Perahera). While the pageant was proceeding, Minsara had a small dispute with a fellow school student of the upper class. After the pageant ended, Minsara went home.

On October 10, Priyantha received a police message to appear before the Officer-in-Charge (OIC) of the Moratuwa Police Station, along with his son Minsara. When he questioned the police officer for the reason, he simply stated that they needed to record a statement. At 3:30 p.m., both the son and father went to the police station. Inside the police station they observed that the parents of the upper class student along with a local politician were also present, talking to the senior police officers.

The police officers called both parties for an inquiry before the OIC. The OIC questioned the parties for the dispute among the children. Then he suddenly informed Priyantha that they are arresting his son and later producing him before the Moratuwa Magistrate’s Court. Shocked, Priyantha pleaded with the officer that his son is innocent, and a minor. He further explained that although the children have a dispute, it was not violent or with any damages. However, the OIC insisted that Minsara needed to be arrested, detained and will be produced before the magistrate only on the next day. Later Priyantha left the police station while Minsara was crying. Priyantha wanted to consult an attorney-at-law.

At 5:30 p.m., Priyantha received a telephone call from an unknown number, and his son Minsara pleaded with him to come to the police station as he is in fear of his life. He was crying continuously. Priyantha again visited the police station, where Minsara informed him that, with the help of a woman visitor, he called him. Minsara explained that he was tortured by the police officer who took him to the rear of the police compound. Minsara narrated that, the officer first came with uniform and then later came in civilian clothes. Then he was beaten with fists and kicks. When Minsara fell down, the officer kicked his chest three times. Minsara clearly mentioned that while being tortured, the officer was blaming him for having a dispute with the other child. The torturer never questioned him for any information. It was clearly for revenge taking and proved as a punishment.

On October11, Minsara was produced before the Moratuwa Magistrate’s Court in case no. B/1667/17. His lawyer, Manoj R Gamage, appeared before the Magistrate and explained that the child was tortured, and the circumstances of the torture. When Minsara was questioned, he was still suffering from chest pain.

The Magistrate questioned the police for the identities of the individual officers responsible for this kind of torture to a child. Later, the Magistrate granted bail to Minsara and ordered the Judicial Medical Officer of the Panadura Base Hospital to examine the child and report to the court on his medical condition.

Priyantha states that his son was illegally arrested and detained at the police station. He explained that the police unnecessarily detained Minsara, even though there was a possibility to produce him before the Magistrate within several hours after the arrest. Even though the Magistrate directed the police to investigate and report on the incident of torture, the police have still not initiated any investigation.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the illegal arrest, detention and torture of 14-year-old Minsara. The officers found guilty must be prosecuted and punished accordingly. They must also be subjected to internal investigations for the breach of department orders, as issued by the police department. Further, please also request the National Police Commission and the Inspector General of Police to have a special investigation into the malpractices of the police officers for abusing their powers.

To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Fourteen-year-old child tortured by Moratuwa Police
Name of Victims:
1) Kahingala Waduge Kanidu Minsara Silva (14)
2) KahingalaWadugePriyanthaDunsiri Silva of No: 201/6, Riverside Gardens, Angulana, Moratuwa is in the Colombo District
Alleged perpetrators:
1) OIC of the Moratuwa Police Station
2) Several other officers attached to the Moratuwa Police Station

Date of incident: 11 October 2017
Place of incident: Moratuwa Police Division

According to the information I have received Kahingala Waduge Priyantha Dunsiri Silva of No: 201/6, Riverside Gardens, Angulana, Moratuwa is married and the father of 14-year-old Kahingala Waduge Kanidu Minsara Silva. Minsara is studying at Year 10 of the Uyana Kanishta Vidyalaya in the Moratuwa Police Division.

On 8 October 2017 Minsara participated in a religious pageant organized by the Buddhist Temple of the village to celebrate the end of Buddhist monks’ raining season precepts (‘Katina’ Perahera). While the pageant was proceeding, Minsara had a small dispute with a fellow school student of the upper class. After the pageant ended, Minsara went home.

On October 10, Priyantha received a police message to appear before the Officer-in-Charge (OIC) of the Moratuwa Police Station, along with his son Minsara. When he questioned the police officer for the reason, he simply stated that they needed to record a statement. At 3:30 p.m., both the son and father went to the police station. Inside the police station they observed that the parents of the upper class student along with a local politician were also present, talking to the senior police officers.

The police officers called both parties for an inquiry before the OIC. The OIC questioned the parties for the dispute among the children. Then he suddenly informed Priyantha that they are arresting his son and later producing him before the Moratuwa Magistrate’s Court. Shocked, Priyantha pleaded with the officer that his son is innocent, and a minor. He further explained that although the children have a dispute, it was not violent or with any damages. However, the OIC insisted that Minsara needed to be arrested, detained and will be produced before the magistrate only on the next day. Later Priyantha left the police station while Minsara was crying. Priyantha wanted to consult an attorney-at-law.

At 5:30 p.m., Priyantha received a telephone call from an unknown number, and his son Minsara pleaded with him to come to the police station as he is in fear of his life. He was crying continuously. Priyantha again visited the police station, where Minsara informed him that, with the help of a woman visitor, he called him. Minsara explained that he was tortured by the police officer who took him to the rear of the police compound. Minsara narrated that, the officer first came with uniform and then later came in civilian clothes. Then he was beaten with fists and kicks. When Minsara fell down, the officer kicked his chest three times. Minsara clearly mentioned that while being tortured, the officer was blaming him for having a dispute with the other child. The torturer never questioned him for any information. It was clearly for revenge taking and proved as a punishment.

On October11, Minsara was produced before the Moratuwa Magistrate’s Court in case no. B/1667/17. His lawyer, Manoj R Gamage, appeared before the Magistrate and explained that the child was tortured, and the circumstances of the torture. When Minsara was questioned, he was still suffering from chest pain.

The Magistrate questioned the police for the identities of the individual officers responsible for this kind of torture to a child. Later, the Magistrate granted bail to Minsara and ordered the Judicial Medical Officer of the Panadura Base Hospital to examine the child and report to the court on his medical condition.

Priyantha states that his son was illegally arrested and detained at the police station. He explained that the police unnecessarily detained Minsara, even though there was a possibility to produce him before the Magistrate within several hours after the arrest. Even though the Magistrate directed the police to investigate and report on the incident of torture, the police have still not initiated any investigation.

I request the intervention of your good offices to ensure that an immediate investigation into the illegal arrest, detention and torture of 14-year-old Minsara. The officers found guilty must be prosecuted and punished accordingly. They must also be subjected to internal investigations for the breach of department orders, as issued by the police department.

Yours sincerely,

———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara
   Inspector General of Police
   New Secretariat
   Colombo 1
   SRI LANKA
   Fax: +94 11 2 440440 / 327877
   E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
   Attorney General
   Attorney General’s Department
   Colombo 12
   SRI LANKA
   Fax: +94 11 2 436421
   E-mail: ag@attorneygeneral.gov.lk
3. Secretary
   National Police Commission
   3rd Floor, Rotunda Towers
   109 Galle Road
   Colombo 03
   SRI LANKA
   Tel: +94 11 2 395310
   Fax: +94 11 2 395867
   E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
   Human Rights Commission
   No. 36, Kynsey Road
   Colombo 8
   SRI LANKA
   Tel: +94 11 2 694 925 / 673 806
   Fax: +94 11 2 694 924 / 696 470
   E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Visit our website with more features at www.humanrights.asia.

You can make a difference. Please support our work and make a donation here.
—————————–
Asian Human Rights Commission
G/F
52 Princess Margaret Road
Ho Man Tin, Kowloon
Hongkong S.A.R.
Tel: +(852) 2698-6339 Fax: +(852) 2698-6367
Web: www.humanrights.asia
twitter/youtube/facebook: humanrightsasia

By D.B.S. Jeyaraj Courtesy The Daily Mirror

JOMO UDUMAN Etul-Kotte Courtesy The Island

What was enacted at the Presidential Commission of Inquiry (PCI) on the controversial bond issuance is downright disgusting. Bankers, Politicians and Corporates are getting away by just saying “I don’t know”. Unscrupulous lawyers set it up for them to lie through their cavities and plaque ridden teeth under oath. What has been revealed here is just the tip of the iceberg. Where are those four lines of “defense” against corporate malpractice: internal controls, independent third parties, supervision and law enforcement? Not only in dealing rooms must the searchlight be shone, but also in procurement.

Fifty global banks were involved recently in a $21 billion Russian money laundering scheme dubbed “the Russian Laundromat”. Regulators in the USA, the UK, and the EU have fined banks more than $9 billion for rigging Libor. Then three banks colluded to manipulate Euribo and were fined €485m. Bloomberg reports that banks globally have paid $321 billion in fines since 2008, for regulatory failings from money laundering to market manipulation and terrorist financing. The names and conduct of all these banks will shock their account holders in Sri Lanka out of their wits. All these banks profess to uphold optimum levels of “corporate social responsibility”.

A famous pharmaceutical group was fined $3 billion after admitting to bribing doctors and encouraging the prescription of unsuitable anti-depressants to children. The company encouraged their reps in the US to mis-sell three drugs to doctors, and lavished hospitality and kickbacks on those who agreed to write extra prescriptions. The company admitted corporate misconduct over two anti-depressants and an asthma drug. Psychiatrists and their partners were flown to five-star hotels, on all-expenses-paid trips, to give presentations on the drugs. They enjoyed golf, diving, fishing and other activities arranged by the company. Then recently, China too fined them a record 3 billion yuan ($489 million) for bribing doctors to use their drugs. The name of this group will shock consumers of OTC and prescription medicines in SL.

My son who has just begun his career, and cannot believe what he reads in the PCI proceedings. What messages are all of this giving school leavers and budding entrepreneurs? What about the children, families and friends of all these liars? Will they stand by and applaud them or empower them to come clean? Why is it that despite the evidence nobody can really see the light of justice at the end of the tunnel? Is there a Deep State lurking under the veneer of good governance?

JOMO UDUMAN

Etul-Kotte

By Lucien Rajakarunanayake Courtesy The Island

October 20, 2017, 10:10 pm

Bond, Bond – the Treasury Bond tragedy will not easily go away.

We’ve heard so much about the dirty dealings involved in this highly manipulated Bond transaction, giving rise to major doubts about the entire financial management and related systems of government in the country. We will await the report of the Presidential Commission with great expectations of helping to clean up the financial stables, but, will that ever happen? Are the forces involved in this errant exercise in cheating the country in any mood to abandon their crooked politics and governance, in the larger interests of the people and the country? It seems most unlikely.

These are the people who have delayed local polls for so long, as they are scared to face the people, and have now resorted to more humbug to delay these polls even further. These are the forces of political corruption, who had no regrets at slapping the Supreme Court on delaying provincial council elections, that it made parliament adopt a wholly crooked piece of legislation that effectively made a mockery of respect for justice. There are clearly more bonds that tie down the people than the crooked Treasury Bonds.

Just look at that wealthy boast of Minister Kiriella, that he has Rs. 400 million in his bank. Is that the stuff of democratic boasting or the braggadocio of the corrupt rich? In making that boast he goes back to the past too, saying his and his wife’s grandparents each had over 30,000 acres of land, and they have been rich since the days of ancient kings. Was our ancient monarchical feudalism so abundant in gifts of land – and if so why? Were all these from ancient monarchies or the more recent British Colonial rule and its gifts to those who stooped to the British Crown? Was all this land not touched in any way by Land Reform? With so many millions in his bank account, will he not think of giving something to fund even one-sixteenth (or less) of a km of the proposed Central Expressway? Is that not the generosity that should come from such ancient abundance? Nonsense, this is the crooked talk of those who seek to impose more bonds on the people, which include bonds that can come from foreign loans for suspicious expressways!

The people are increasingly caught in the traps of crooked political bondage. Nepotism, which ‘Yahapalanaya’ promised to banish, has been spreading even stronger than in the past. From the chair of Sri Lanka Telecom going to the brother of the Yahapalana Chief, to the former Minister of Ports, Arjuna Ranatunga, having his politico/cricketer brother to head the Ports Authority, and having a soap factory proprietor and political cousin as our High Commissioner in the UK, nepotism, and family bandyism have emerged as strong features of so-called good governance. This is the bondage of a re-emergent “pavul balaya” or family power.

Don’t we know of all those millions spent, or rather hugely wasted, as advance payments for the building rented to house the Ministry of Agriculture. A building that was not occupied for continuous months, with new building facilities and furniture installed while the huge rent was being paid. That was “Karyala Nidhanaya” or Office Treasure that was the pleasure of the Secretary of the SLFP, and another crooked bondage of the people.

This story of bondage keeps growing as one looks at almost every supplementary estimate that is tabled, and often passed without even a debate in the House. It is the bondage of luxury vehicles, costing many millions for Ministers and Members of Parliament. An abundance of wasteful bondage; when the people who suffered from the Meethotamulla garbage disaster and the Salawa explosions are yet to be adequately compensated.

Look at the latest COPE reports and the huge corruption, fraud and misappropriation in 15 State bodies – losses that run into many billions. How can the people be freed of this bondage? We are aware of the current Treasury Bond rackets, but what of the Hedging Fund involving the Petroleum Corporation, where the loss incurred as of January 2016 was Rs. 10.2 billion, and then increased to Rs. 14.6 billion by December 2016. Where and when will this bondage end?

The Treasury Bond Scam has only unveiled a huge issue of bondage that is tying down the people of Sri Lanka, from the past and very much into the present, and with no signs of any improvement through clean government. This is bondage by the crooked and dirty in politics, with hardly any supportive action to clean the pits of fraud and corruption. The dirt is deep, the stench is high, and the people are kept in constant and dirty bondage.

Editorial Courtesy The Island

October 20, 2017, 12:00 pm
The yahapalana leaders specialise in tilting at windmills, nay, media outfits. Everything they touch turns into an unholy mess instantly. The whole government is in a shambles with its big guns chasing their own tails and making colossal blunders, which are legion. But, never do they own up to their mistakes. It is the media that has to take the blame for their bungling and snafu. Thomas Jefferson famously said that given a choice between a government without newspapers and newspapers without a government he would just as soon have the latter. That was because he was a venerated statesman known for his wisdom and love for democracy. But, Sri Lankan politicians notorious for their intellectual bankruptcy, more often than not, make known their desire for having a government without newspapers. Their barbs at journalists stem from their deep-seated antipathy towards the media.

Both President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe raked the media over the coals on Thursday, at different venues. The President socked it to journalists at the D. B. Dhanapala commemoration while paying a glowing tribute to the legendary editor. The PM, true to form, ranted and raved, at a media briefing, about wide publicity given to a joint statement issued by the Asgiriya and Malwatte Chapters, opposing the moves being made to frame a new Constitution. Accusing a section of the newspapers of having fabricated the news items at issue, he indulged in bashing editors to his heart’s content. But, the Asgiriya and Malwatte Chapters have reiterated they are opposed to the proposed Constitution, as we reported yesterday!

President Sirisena went so far as to accuse some journalists of being in the pay of politicians. Every profession has corrupt elements within its ranks and the media has its fair share of them. It is no secret that the Gestapo of the yahapalana government maintains dossiers on media persons and the Sirisena-Wickremesinghe government should, therefore, be able to expose the journalists who are being paid by politicians. Let the President be urged to name and shame the bad eggs in the garb of journalists. Mere rhetoric and sweeping statements won’t do.

Politicians turn hostile towards the media when they get exposed for their incompetence. The cantankerous yahapalana grandees’ frequent diatribes against the media reminds us of a local comic flick called Weda Beri Tarzan (‘Incompetent Tarzan’). Every time the pompous hero attempts a wild swing, holding a liana and letting out a yell, he hits a tree slap-bang and gets grounded. He curses the tree for sitting in the wrong place! There is more cursing than swinging. This is what the yahapalana worthies are also doing, in a manner of speaking.

The yahapalana big guns are praising Dhanapala because he is no longer present among us. If he were alive today and critical of the present regime, he, too, would be vilified. The legendary editor was lucky that in the socio-political milieu he lived and worked in, the country was not short of statespersons, whom he immortalised in his famous book, Among Those Present. They really felt for the country and tirelessly worked for the people; they were not scared of elections. They also did not fault the media for their failures, which were rare. They had the strength of character and decency to own up to their lapses without bad-mouthing their critics.

President Sirisena has wished the country had hundreds of Dhanapalas. We wish we had statespersons like the ones Dhanapala was fortunate enough to work with, instead of a bunch of bush-league, corrupt politicians the country is plagued with.

Legendary Prime Minister W. Dahanayake carried only a small suitcase, containing all his belongings, when he left Temple Trees. According to an apocryphal story, he vaulted over the Temple Trees parapet wall, which was low at that time, and went back home by bus. But, today, politicians who enter such hallowed places carrying only suitcases, leave with their belongings packed into forty-foot containers.

Not even their worst critics ever accused DS, SWRD, Daha, Dudley, Sirimavo et al of corruption. Bond scams etc were never heard of under their governments. We think we have to be practical even in wishing. So, we wish we had a couple of such honest, patriotic statesmen to lead the country.

By Neville Ladduwahetty Courtesy The Island

October 20, 2017, 10:09 pm

The focus of the entire nation is currently on constitutional reforms. In the midst of it, this government has ratified an international convention by becoming a signatory to the “The International Convention for the Protection of All Persons from Enforced Disappearances”, on December 10, 2015. The Convention that was ratified by the government on May 3, 2016 came into force in respect of Sri Lanka on June 24, 2016. The attempt herein is to address whether the government has the authority to ratify an international convention that violates provisions in Sri Lanka’s Constitution.

The provision in Article 1 section 2 of the Convention read with Article 2 violates provisions in Sri Lanka’s Constitution.

For instance, Article 1 section 2 states:

“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any public emergency, may be invoked as a justification for enforced disappearances”.

And, Article 2 states:

“For the purposes of this Convention, “enforced disappearances” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”.

WHY the CONVENTION VIOLATES the SRI LANKA CONSTITUTION

According to the Convention, the key provisions of Article 1 section 2 and Article 2 cited above are that “No exceptional circumstances whatsoever …may be invoked as justification for enforced disappearances” and enforced disappearances means any form of deprivation of liberty, its acknowledgment and placing such persons outside the law.. These provisions of the Convention violate Article 15 of Sri Lanka’s Constitution for the reasons cited below.

The sub-title of Article 15 of the Constitution is “Restrictions on fundamental rights”. While Article 15 recognizes the principle that certain rights need to be restricted during exceptional circumstances in the interest of “national security”, the Convention does not provide for any exceptions whatsoever. For instance, during the armed conflict in Sri Lanka, serious restrictions on rights were legitimately imposed in the name of national security. However, such restrictions are not permitted under provisions in the Convention. It is this that makes the Convention to be in violation of the Constitution. Furthermore, since the Convention limits enforced disappearances to “agents of the State or by persons acting with the authorization, support or acquiescence of the State”, Article 15 (8) becomes relevant.

Article 15 (8) states:

The exercise and operation of the fundamental rights declared and recognized in Articles 12 (1), 13 and 14 shall, in their application to the members of the Armed Forces, Police Force and other Forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law in the interest of the proper discharge of their duties and the maintenance of discipline among them”.

Since the entirety of Articles 13 and 14 are subject to restrictions as prescribed by laws, such as for instance the Prevention of Terrorism Act, the Convention that makes no exceptions whatsoever the circumstances is in violation of the Constitution of Sri Lanka. Under the circumstances, the question that arises is whether the President has had the authority to sign and ratify the Convention on Enforced Disappearances in view of provisions in Article 33 that describe the “Powers and functions of the President”.

POWERS and FUNCTIONS of the PRESIDENT

Article 33 of the Constitution lists the “Powers and functions of the President”. The issue is whether the President has the authority under Article 33 to sign and ratify the Convention on Enforced Disappearances. The answer to the question could be found in the Judgment by Chief Justice Sarath N. Silva relating to the Supreme Court Case on Nallaratnam Singharasa.

Section 3 titled “Dualism in Sri Lanka” of the judgment states:

“It is seen from these Articles [4 (a) to (c) of the Constitution] forming its effective framework that our Constitution is cast in a classic Republican mould where sovereignty includes legislative, executive and judicial powers, exercised by the respective organs of government for and in trust for the People…The organs of government do not have plenary power that transcends the Constitution and the exercise of power is circumscribed by the Constitution and the written law that derive its authority there from…There could be no plenary executive power that pertain to the Crown as in the UK and the executive power of the President is derived from the People as laid down in Article 4 (b)”.

“This limitation on the power of the executive to bind the Republic qua state is contained in Article 33 which lays down the power and functions of the President”.

“The relevant provision being Article 33 (f), reads as follows:

“to do all such acts and things, not being inconsistent with the provisions of the Constitution or written law as by international law, customs or usage he is required or authorized to do”.

“Thus the President as Head of State is empowered to represent Sri Lanka and under customary international law enter into a treaty or accede to a Covenant, the contents of which is (sic) not inconsistent with the Constitution or written law. The limitation imposes the principle of legality being the primary meaning of the Rule of Law, “that everything must be done according to law” (Administrative Law by Wade and Forsyth – 9th Executive Director, (Page 20)”.

Continuing under Section 5 titled “Presidential Power to Enter into a Treaty” the judgment states:

“….where the President enters into a treaty or accedes to a Covenant the content of which is “inconsistent with the provisions of the Constitution or written law” it would be a transgression of the limitation in Article 33 (f) cited above and ultra vires”.

“Such act of the President would not bind the republic qua state”.

“This conclusion is drawn not merely in reference to the dualist theory referred to above but in reference to the exercise of governmental power and the mutations thereto in the context of Sovereignty as laid down in Article 3, 4 and 33 (f) of the Constitution”.

CONCLUSION

The International Convention for the Protection of All Persons from Enforced Disappearances is in violation of Sri Lanka’s Constitution because the Convention does not recognize any “…exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance”, whereas Article 15 of the Constitution on the other hand recognizes the need for restrictions as may be prescribed by laws such as the Prevention of Terrorism Act, in the interest of national security.

Consequently, the President violated Article 33 (f) when he authorised the signing and ratification of the International Convention on Enforced Disappearances. This is confirmed by the Supreme Court judgment in the Case on Nallaratnam Singharasa cited above. Therefore, clearly, Sri Lanka should withdraw from being a convention state in this and any other convention that violates the Constitution.

by Shamindra Ferdianndo Courtesy The Island

October 20, 2017, 10:31 pm

Former Chairman of the Committee on Public Enterprises (COPE) D. E. W. Gunasekera told The Island yesterday that the parliamentary watchdog committee lacked powers to summon ministers and, therefore, it had not been able to seek an explanation from Prime Minister Ranil Wickremesinghe or the then Finance Minister Ravi Karunanayake in respect of the probe into the first Central Bank-Perpetual Treasuries bond scam committed in February 2015.

Gunasekera said the COPE as well as the Public Accounts Committee (PAC) couldn’t summon ministers.

Even if Prime Minister Wickremesinghe had volunteered to testify, the COPE wouldn’t have been able to summon him in spite of Governor Arjuna Mahendran’s admission that the Central Bank had opted for only direct placements on the instructions of the PM.

Gunasekera

Gunasekera said Mahendran had appeared before the COPE as the last witness and the latter had been the Central Bank Governor at that time he gave evidence.

Although the 449 page COPE report had been denied official recognition as it couldn’t be presented to Parliament due to hasty dissolution of the House to pave the way for the August 2015 parliamentary polls, Auditor General Gamini Wijesinghe submitted the COPE report along with his own report on the alleged bond scam to Parliament, the former National List MP said.

Asked whether he had an opportunity to make available his report to the Presidential Commission of Inquiry (P-CoI), Gunasekera said that AG Wijesinghe had submitted that report to the P-CoI as an annexure. Gunasekera said his report had been accepted by the P-CoI in spite of efforts to discard it.

Gunasekera emphasised that he wouldn’t have been able to submit the report as by the time President Maithripala Sirisena appointed the P-CoI he was no longer a member of parliament. He regretted that JVP MP Sunil Handunetti had, for some reason, refrained from submitting the first COPE report, in his capacity as the Chairman of the parliamentary watchdog committee.

MP Handunetti yesterday told The Island that Mahendran appeared before his committee twice.

The second bond scam took place in March 2016 also on Mahendran’s watch. President Sirisena replaced Mahendran in June 2016.

Gunasekera said Parliament had to decide how to facilitate the inquiries undertaken by the COPE. “Many do not realise that COPE inquire into cases that had been probed by the AG. In fact, by the time, the COPE summoned relevant officials, the AG had already examined the cases and specific recommendations made,” Gunasekera said. However, the COPE probe into bond scam in February 2015 had been the only instance where the COPE conducted an inquiry of its own into a fraudulent transaction, widely believed to be the biggest ever financial scandal in the country.

Gunasekera said Mahendran had accepted his Singaporean nationality as well as instructions received from Premier Wickremesinghe before his commission consisting of 13 members of Parliament.

The then Speaker Chamal Rajapaksa had instructed him to form a special committee comprising a section of the 30-member watchdog committee to expedite inquiries into the allegations close on the heels of a three-member committee of UNP lawyers  appointed by PM Wickremesinghe submitted its report on the alleged scam, Gunasekera said.

Responding to a query, Gunasekera said that in spite of the change of the government following President Mahinda Rajapaksa’s defeat at the January 2015 Presidential election, the UNP had sought to reconstitute the watchdog committees. Had they done so, the composition of the COPE would have been changed, he said, adding that obviously, the UNP didn’t anticipate the consequences.

Gunasekera said that PM Wickremesinghe had declared to the media some time back that he was ready to appear before the COPE. “That offer was never made to me, Gunasekera said, urging the parliament to review Standing Orders pertaining to COPE and PAC.”

When The Island raised corruption charges against ministers, UNP National List MP Prof. Ashu Marasinghe said that unlike the COPE, Sectoral Oversight Committee had the right to inquire into ongoing ‘cases.’

by Shamindra Ferdinando Courtesy The Island

Wartime Defence Secretary Gotabhaya Rajapaksa yesterday said that the very basis of the controversial Geneva Resolution 30/1 had been strongly disputed by Michael Morris, Baron Naseby, PC, during a debate on Sri Lanka in the British parliament Thursday last week.

Sri Lanka co-sponsored Resolution 30/1 in Oct 2015, in spite of the Foreign Ministry rejecting the same the month before.

In accordance with that co-sponsored declaration, Sri Lanka had accepted foreign judges as well as other experts in the proposed war crimes courts, Rajapaksa said, adding that Baron Naseby’s statement was timely and couldn’t have been made at a better time as an attempt was being made to introduce a new Constitution to address accountability issues.

Wartime Defence Secretary Gotabhaya Rajapaksa

The former Defence Secretary has intervened in the wake of the media drawing heavy fire over recent coverage of joint statement issued by Asgiriya and Malwatte Chapters objecting to the constitution making process.

War veteran Rajapaksa said that Baron Naseby, having challenged the much touted unsubstantiated allegations pertaining to the killing of 40,000 civilians during the last phase of the offensive on the Vanni east front, had urged Theresa May’s government to accept a much lower casualty figure of 7,000 to 8,000.The former Defence Secretary said so when The Island asked him whether he was aware of the request made by Baron Naseby, who launched the all-party parliamentary group on Sri Lanka eight years before outbreak of war in 1983.

Sri Lanka brought the war to a successful conclusion in May 2009.

Rajapaksa said the international community couldn’t ignore Baron Naseby’s request to the May government to convince the UN as well as the Geneva-based United Nations Human Rights Council (UNHRC) to accept casualty figure of 7,000 to 8,000.

Rajapaksa said that Baron Naseby’s request should be examined against the backdrop of the UK being a member of the UNHRC with a membership of 47 countries. The UK represents Western Europe and Other States, a grouping that pushed strongly for war crimes probe against Sri Lanka.

The former Defence Secretary said the British government’s response to Baron Naseby’s call really surprised him. Instead of reiterating the government’s commitment to the main allegation that had been widely quoted by many, the Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon-Conservative Party) had said that though there were discrepancy in the number of civilians killed, ‘ a number of civilians died in the final stages of the war and there were still serious allegations of human rights abuses against both the Sri Lankan military and the Tamil Tigers’.

The minister had refrained from responding to Baron Naseby suggestion that the rules of engagement in respect of Sri Lanka’s war against terrorism were based on international humanitarian law not on the basis of the European Convention on Human Rights, Rajapaksa pointed out.

Rajapaksa regretted the fact that the government nor political parties represented in parliament hadn’t so far reacted to the Baron Naseby’s statement in spite of it being extremely useful in Geneva. Those who had been demanding transparent investigations on behalf of the civil society as well as foreign human rights groups, too, had so far remained silent, he said.

The former Defence Secretary emphasized that as accusations regarding 40,000 civilian deaths claimed by UN Panel of Experts (POE) in its March 2011 report remained the primary charge, there was no harm in reviewing available data. Baron Naseby has underscored the need to compare wartime dispatches from the British High Commission in Colombo, ground survey undertaken by the UN mission in Colombo and a survey conducted by the previous government over claims of 40,000 civilian deaths. Rajapaksa said that perhaps the most important document of all was the UN ground survey that dealt with the situation in the Vanni from Aug 2008 to May 13, 2009.

Rajapaksa pointed out that on the basis of the Geneva Resolution, UN Human Rights Commissioner Zeid bin Ra’ad Zeid al-Hussein had recommended a new Constitution for Sri Lanka subject to a referendum. The former Defence Secretary said that those who had accepted Geneva Resolution 30/1 under pressure couldn’t remain silent in the wake of Baron Naseby’s call.

Responding to another query, Rajapaksa said the parliament here had allocated three days (Oct 30, 31 and Nov 1) to debate constitutional reforms, whereas the entire process leading to that situation was now debatable due to dispute over the main allegation.

Rajapaksa said that Baron Naseby had quite rightly reminded the British folly in allowing British national of Sri Lankan origin Anton Balasingham to inspire Tamil terrorism. Rajapaksa recalled how Balasingham had received British citizenship for having worked for the British High Commission in Colombo.

The former Defence Secretary appreciated the British Lord for going on record how the Tamil Diaspora and a section of the Tamil media as well as ‘Killing Fields’ produced by UK outfit Channel 4 had influenced the British government in the wake of the LTTE’s battlefield defeat.

කතු වැකිය උපුටා ගැන්ම දිවයින

රටක ආර්ථිකයේ කොඳුනාරටිය වන්නේ මූල්‍ය වෙළෙඳපොළයි. නමුත් ශ්‍රී ලංකාවේ මූල්‍ය වෙළෙඳපොළ කෙතරම් දූෂණය වී ඇත්ද යන්න තේරුම් ගැනීමට පසුගියදා විභාගයට ගැනුණු බැඳුම්කර කොමිසමේ සාක්‍ෂි පමණක්‌ කියෑවීම හොඳටම ප්‍රමාණවත්ය. මේ මූල්‍ය වෙළෙඳපොළ තුළ රටේ ආණ්‌ඩු ලාභ ලැබීම කෙසේ වෙතත් ජාමෙ බේරාගත් ඉතිහාසයක්‌ අප දැක නැත. සිදු වූ එකම දෙය ආණ්‌ඩු පත්කිරීමට මූල්‍යාධාර ලබාදුන් ව්‍යාපාරිකයන් ටි්‍රලියනපතියන් වී ඔවුන් රටේ පාලනය හසුරුවන රාජ්‍ය මාµsයාකරුවන් බවට පත්වීම පමණි. මෙය සෑම ආණ්‌ඩුවකටම පොදුවූ රටේ ජනතාවට පමණක්‌ අපුල ගෙන දුන් කාරණාවකි. 
 
 පසුගියදා මාධ්‍ය නිවේදනයක්‌ නිකුත් කරමින් හිටපු මහ බැංකු අධිපති අජිත් නිවාඩ් කබ්රාල් මහතා පවසා තිබුණේ වත්මන් රජය පාලනය ගෙන ගිය පසුගිය වසර දෙකහමාරක කාලය තුළ රජයේ මුළු ණය ප්‍රමාණය රුපියල් බිලියන 2773 කින් ඉහළ ගොස්‌ ඇති බවය. 2014 වසර අගදී දළ ජාතික නිෂ්පාදිතයේ ප්‍රතිශතයක්‌ ලෙස සියයට 71.3 ක්‌ව තිබූ මුළු රාජ්‍ය ණය ප්‍රමාණය අද වන විට එම ප්‍රතිශතය සියයට 84.8 කින් ඉහළ ගොස්‌ ඇති බව කබ්රාල් මහතා වැඩිදුරටත් පවසයි. හිටපු මහ බැංකු අධිපතිවරයා මේ ගණනය කිරීම් සඳහා මූලාශ්‍ර ලෙස භාවිත කරන්නේ රටේ මහ බැංකු වාර්තාය. එම නිසා ඒ සම්බන්ධයෙන් කිසිදු විවාදයක්‌ අපට නැත. අපට ඇති අර්බුදය, දිනෙන් දින ඉහළ යන රටේ රාජ්‍ය ණය ප්‍රතිශතය පාලනය කිරීමට බලයට පත්වූ කිසිදු දේශපාලන නායකයකුට නොහැකි වීමය.
 
 ශ්‍රී ලංකාවට නිදහස ලැබීමෙන් පසු 1950 වසර වන විට රටේ මුළු රාජ්‍ය ණය ප්‍රමාණය වූයේ රුපියල් මිලියන 654 කි. එය දළ ජාතික නිෂ්පාදිතයේ ප්‍රතිශතයක්‌ ලෙස සියයට 16.9 කි. එතැන් සිට රටේ පාලනය හෙබවූ සියලු රාජ්‍ය නායකයන් යටතේ වර්ධනය වූයේ රටේ නිෂ්පාදනය නොව ණය කන්දක්‌ය. ශ්‍රී ලංකාවේ වර්තමාන ආර්ථිකය විග්‍රහ කරමින් ජාත්‍යන්තර “ෙµdaබ්ස්‌” සඟරාවට ලිපියක්‌ ලියන වේඩ් ෂෙපර්ට්‌ පවසනුයේ මේ වන විට ශ්‍රී ලංකාව හමුවේ ඇති මුළු ණය ප්‍රමාණය ඇමරිකන් ඩොලර් බිලියන 64.9 ක්‌ බවය. මෙය දළ ජාතික නිෂ්පාදිතයේ ප්‍රතිශතයක්‌ ලෙස ගතහොත් සියයට 84 කි. ඒ අනුව රටේ ආදායමෙන් සියයට 95.4 ක්‌ වැය වන්නේ මේ ණය ගෙවීමටය. ශ්‍රී ලංකාවේ ණය කන්ද සම්බන්ධයෙන් ඇති ඉතා සරලම බියකරුම චිත්‍රය මෙයයි. 
 
 රටක ආර්ථිකයේ වර්ධනය තීරණය කරන මහා සාධකය වන්නේ රටේ දළ ජාතික නිෂ්පාදිතයයි. ලෝකයේ බොහෝ රටවල් අද ගෝලීය ණයකරුවන් බවට පත්ව සිටින්නේ මේ දළ ජාතික නිෂ්පාදිතය වර්ධනය කර ගැනීමට ණය ගැනීමට යැමෙන්ය. පසුගියදා ඇමරිකාවේ ජාතික ණය ප්‍රමාණය ඩොලර් ටි්‍රලියන 20 දක්‌වා ඉහළ ගියේය. එය රටේ නිෂ්පාදිතයේ ප්‍රතිශතයක්‌ ලෙස සියයට සියය ඉක්‌මවා යැමකි. නමුත් ඉතා බලවත් නිෂ්පාදන ආර්ථිකයක්‌ ඇති නිසා ඇමරිකාවට එය ප්‍රශ්නයක්‌ වී නැත. නමුත් ශ්‍රී ලංකාවේ තත්ත්වය ඊට හාත්පසින්ම වෙනස්‌ය. 2017 අප්‍රේල් 23 වැනිදා වන විට ශ්‍රී ලංකාවේ වාර්ෂික දළ ජාතික නිෂ්පාදිතය ඇමෙරිකන් ඩොලර් බිලියන 84 කි. ශ්‍රේණිගත කිරීම් අනුව ගෝලය තුළ ශ්‍රී ලංකාව පසුවන්නේ 67 වැනි ස්‌ථානයේය. අපට පහළින් සිටින රට වන්නේ ඉතියෝපියාවය. නිෂ්පාදන ආර්ථිකය නඟා සිටුවීමට නොව ණය පියවීමට ණය ගැනීමට යැමෙන් අපි ඉතා අවදානම් ගමනක නිරතව සිටින්නෙමු.
 
 වර්තමාන ආණ්‌ඩුවද රටේ නිෂ්පාදන ආර්ථිකය දියුණු කරන සැලසුම් ගැන කතා පවත්වමින් සිටී. ආණ්‌ඩුව මේ සියලු සැලසුම් දියත් කළ යුත්තේ දේශීය ව්‍යාපාර ආරක්‌ෂා කර ගනිමිනි. ඉන්දීය වීක්‌සි පාවහන් සමාගමට බදු සහන දී රටේ නිෂ්පාදන ඇරැඹීමට ඉඩදීමෙන් අද ලංකාවේ දේශීය පාවහන් කර්මාන්තය දැඩි අවදානමකට මුහුණදී සිටී. රටේ ආර්ථිකය දියුණු කළ හැක්‌කේ රටේ නිෂ්පාදන ගෝලීය වෙළෙඳපොළට ගැළපෙන අයුරින් නිපදවා මිස දේශීය කර්මාන්ත බිල්ලට දීමෙන් නොවන බව ආණ්‌ඩුව වටහාගත යුතුය. 
 
 ඒ සඳහා දේශීය කර්මාන්ත ආරක්‌ෂා කෙරෙන ජාතික ආර්ථික ප්‍රතිපත්තියක්‌ සකස්‌ කිරීම තවත් ප්‍රමාද කළ යුතු නැත. මෙම සැලසුම් ක්‍රියාත්මක කිරීමට ආණ්‌ඩුවට දැක්‌මක්‌ පමණක්‌ නොව කොන්දක්‌ද තිබිය යුතුය.

By Charles.S.Perera

Yahapalanaya is a misnomer,  it is a Sirisena-Ranil Dictatorship.

The Present Government of Sri Lanka is a Sirisena,  Ranil and UNP Dictatorship. It is really the UNP that governs under the label SLFP-UNP joint Yahapalanaya Government. It is not a popular government though they speak of a 62 percent of the population voting for them. But how was this  62 percent made up ?

Let us see.

For the 2015 Presidential election Maithripala Sirisena had the highest voting  for him coming from the Tamils and the Muslims.  Maithripala Sirisena  got 78 percent of the Votes in Vanni, 74 percent of the votes in Jaffna, 81 percent of the votes in Batticaloa, and 71 percent of the votes in Trincomalee.

And from his own home District of Polonnaruwa Sirisena got only 57 per cent of the votes. Even  Ranil Wickramasinghe’s UNP could muster only 55.93 per cent of votes from Colombo the UNP Stronghold for the Candidate Sirisena. And they still talk of the 62 per cent popular vote to Presidential Candidate Maithripala Sirisen  

Recently when the President Sirisena made an official visit to Jaffna the organisers of the Northern protests against him said, that the President should not forget that he got the highest votes from the North and the East in 2015, and it is in return for those votes that they are now making demands for a Federal Government, merging of the North and East, removal of the Sri Lanka Armed Forces from North and East, and release the former LTTE suspects held in Prison”.

So much for Sirisena Ranil Government for being a popular  democratic Government of the people, for the people , by the people.

It is in reality a Government of Maithripala Sirisena and Ranil Wickramasighe, for some of the people, the Tamil Diaspora, TNA,the USA and the West, by Ranil, Sirisena, Chandrika and the UNP.

The whole SLFP-UNP set up Government is for the reconciliation with the Tamils, write a Constitution to please the West led by USA, the Tamil Diaspora, and the Tamil politicians led by the TNA.

When Dew Gunasekara COPE report was about to be presented to the Parliament, the President Maithripala Sirisena adviced by his Prime Minister dissolved the parliament. That was because the COPE report prepared under  Dew Gunasekara  to investigate the Central Bank Bond Scam was supposed to have been an overwhelming accusation against the leadership of the UNP, and Arjun Mahendran appointed on the Recommendation of the Prime Minister  as the Governor of the Central Bank Bond Scam.

When there were multiple  accusations against the Governor of the Central Bank and the Government on the Central Bank Bond Scam,  the Prime Miniter appointed  Messrs Gamini Pitipana, Mahesh Kalugampitiya, and Chandimal Mendis- three  UNP loyalists as a Three Member Committee to investigate into the accusations against the Governor of the Central Bank Arjuna Mahendran.  The Committee reported that there was no evidence that the  Governor of the Central Banka had direct participation with regard to  the activities of the PDD and the Tender Board Committee.

No one was satisfied with the report of the Committee and the Parliament directed the COPE under JVP MP Sunil Handunetti to make a fresh investigation. This report which was ready to be submitted to the Parliament was delayed on the demand of the UNP members of the COPE who made an unusual demand to include a series of foot notes to the COPE report,  thus mitigating the seriousness of the findings of the COPE. This report of the COPE hence did not serve the purpose for which it was made.

Finally the President Sirisena was compelled to appoint a Presidential Commission to investigate into the Bond Scam. Some did not  expect any thing new  to come of it. But the Commission (PCol) took an unexpected turn with the appointment of the Additional Solicitor General Dappula De Livera and Deputy Solicitor General Milinda Gunatilleke  to question the witnesses giving evidence before the Commission. They were two uncompromising investigators which turned tables on the pseudo Yahapalanaya Regime itself.

The witnesses coming before the PCol, on intelligent and forceful questioning by the De Livera –Gunatilleke duo elucidated overwhelming evidence that forced the award winning Finance minister of the  Government to tender his resignation from the government, nevertheless without resigning from his membership in the Parliament.

The turn of events with the investigation by the Presidential Commission became dangerous both to the Government and to the Prime Minister when the Ministers Kabir Hasshim, and Malik Samarawickrama were summoned before the PCol. The path was being cleared to rope in before the Commision the key figure of the Government who was the Minister in Charge of the Central Bank.   Some one had to do some thing lest the Prime Miniter himself would be question by the indomitable De Livera-Gunatilleke duo.

Burt surprisingly ,some unknown hand had moved and perhaps the Commission had suddenly been asked that the two Ministers Kabir Hussain and Malik Samarawickrama should not be subjected to questioning before the Commission. As an extension to this decision of the Commission not to question the two Ministers, it was being said that the Prime Minister Ranil Wickramasinghe may be called before the Commission. Ranil Wickramasinghe immediately made a statement to the press that he is ready to face the Commission.

But again  perhaps the same hand that stopped the Dew Gunasekara COPE report being presented to the then Parliament, moved to stop the further sittings of the Presidential Commission of investigation into the Bond Scam, and the Prime Minister was thus  saved from being investigated on the role he played in the Bond Scam.

Now the Prime Minister will not be asked to explain why he took over the Central Bank under his Ministry ? Why he recommended for  appointment a   citizen of Singapore as the Governor of the Central Bank,  and why he appointed a three man Committee to absolve Arjuna Mahendra from any accusation for any part he played in the Bond Scam ? He need not even explain why he appointed Arjuna Mahendra as a Counsel to Prime Minister, despite a sword of Democles-the Bond Scam” hanging over his head ?  

Are these arrangements  a part of a Sirisena –Ranil Chintanaya hell bent on calling their government  a Yahapalanaya” ?

Where is democracy” hiding in this utterly obnoxious  SLFP-UNP joint Government ?

Let us not talk about Bribery and Corruption in the pseudo democracy, which robs the people right and left  continuing to call the previous Government of Mahinda Rajapakse was corrupt and continuing  to allow  the Yahapalanaya police force the FCID to accuse and imprison harmless Ministers, Administrators and men and women who had any connection to Mahinda Rajapakse government.

The whole Parliament is in the complete control of the UNP. The Speaker defends the members of the Parliament according to which political  Party they belong. He recognised TNA the official Oppositon, appointed  Opposition Whip from JVP, while refusing to accept a 54 member joint Opposition the Official Opposition of the Parliament.

What is left with this Sirisena –Ranil Government to call it a Yahapaalanaya ?

As Malinda Seneviratne says the apologists to this governments are now reduce to an At Least Thesis” in the tired game of comparison”.

Let’s see even in  passing bills in Parliament  how the  Sirisena- Ranil pseudo Yahapalanaya white-washes their Dictatorship with a brash colour to fool the people,  calling it the colour of Democracy. Of course in the Parliament the Speaker holds the brush”.

It is best read  in the article, Attorney General in the Dock” by   Malinda Seneviratne in his face book.

The question is whether, ……Over and above all of this, the negligence of Attorney General Jayasuriya points to scandalous deceiving of the Speaker and demonstrates an unwillingness on his part to represent and act for the people in the Republic of Sri Lanka”. Was it deceiving the Speaker, or whether the Speaker allowing himself to be deceived ?

SAITM  problem too had a easy solution but this government does not want to solve it making it another factor to smudge the image the people have of Mahinda Rajapakse. This is another affront to democracy, clouding their Dictatorship.

Yesterday the Maha Sangha issued a statement that they are not only against the writing of a new Constitution, but also making any Amendments to it or withdrawing  the executive powers of the President. But Ranil wants to cover his nudity by blaming the Media for making this  report , when the Malwatte Mahanayake Thero he says  is away from the country.

From the beginning of this government labelling it is Yahapalanaya,  the President had been acting as a Dictator, issuing a letter to one of the candidates of the General Elections of  2015, that he will not be appointed Prime Minister even if he were to be elected. Thereafter, sacking the General Secretaries of the SLFP and the UPFA, just before the General elections.

President Sirisen’s role is evident , he is there to help Ranil Wickramasing to continue the government with the UNP Agenda, that is whay he brings back Chandrika to politics against Mahinda Rajapakse.

Making Sarath Fonseka a Field Marshal and making him a Minister was purely to  enable him to attack Mahinda Rajapakse and make statements against him in the Parliament. The governments spokesman Rajitha Senaratne is completely out side democratic norms issuing  incorrect statements  thus insulting the media.

Latest news is that of the, appointment of Chandrika Kumaratunga as an SLFP organiser for Attanagalla raised even more eyebrows. Kumaratunga had, for all intents and purposes, retired from active politics after serving for eleven years as Sri Lanka’s fourth Executive President. She still serves the party in the capacity of patron”.

This is an obvious choice to have a loud mouthed critic to bash President Mahinda Rajapakse at future political rallies

After Lasantha Wickramatunga was assassinated his friend Sonali Samarasinghe fled the country saying that  her life was under threat.

Now Anika Wijesuriya who gave evidence before the PCol about the use of an apartment by the family of  the then Finance Minister Ravi Karnanayake, the rent of which had been paid for by one of the accused in the Bond Scam, fled the country as she had been receiving calls threatening her life  by an associate of the former Minister. Strange, formally it was the Armed Forces that were accused for assassinations or threatening lives of  media personnel and now it is ex-Ministers of the Government.

The latest acts of this Dictatorship  is the purge of party organisers in preparation for a forth coming  Local Government elections. Here too the Dictator wants his rival –Mahinda Rajapakse out.

The reaction to the President’s decision has been muted, at least from the mainstream SLFP.

The only minister to speak out was Labour and Trade Union Relations Minister John Seneviratne. Seneviratne stated that it was sad that some party organisers who had served the party for a long time had been expelled without even giving them reasons for their dismissal”.

In January,2015 the people voted at least 62 percent of them  for a change, and what have they got today- a right Royal Dictator ship.

Are the people satisfied with what they have got ? Haven’t the people fallen from the frying pan  directly into the fire ?

If nothing is done at least by those Members of this Parliament who have  some feeling of affinity  to a man- SWRD Bandaranaike, who knew that UNP would be the end of Sri Lanka, and wanting to save the country from devastation walked away from the UNP and formed  the SLFP to save this country, its Buddhist Culture, its belonging to the teaching of Theravada Buddhism, which had been preserved until today the 19 October,2017.

It may all end up this month if the Parliamentarians will not wake up to the danger that is inherent in the Yahapalanaya Government which is in reality a Sirisena-Ranil Dictatorsip.

If any SLFP members with any affinity to SWRD Bandaranayake’s vision of 1956 are still there in this Parliament they should end this Sirisena-Ranil-Chandrika Dictatorship using the label Yahapalanaya” , by not providing a two third majority in the Parliament to allow this government to write a new Constitution to replace the present Constitution of 1978.

Lahiru Pothmulla Courtesy The Daily Mirror

The Sri Lanka Podujana Peramuna (SLPP) said today, Anika Wijesuriya, a key witness in the Bond investigation had left the country due to death threats though the government said it had enabled an environment where anyone could criticize anyone without being subjected to intimidation.

SLPP Chairman Prof. G.L. Peiris said if it was not for Ms. Wijesuriya, the leasing out of penthouse by Arjun Aloysius in which former finance minister’s family resided in would not have come to light.

This was a significant part of the investigation into Bond scam. A close relative of former minister Ravi Karunanayake had phoned and threatened the witness with death. In reality, sprats can be criticized but not sharks. When a shark is criticized, people receive death threats,” he told a news briefing.

He said the counsel of the Attorney General’s Department had bravely questioned and cross-examined all personnel who arrived at the Commission except for Ministers Kabir Hashim and Malik Samarawickrama.

The two ministers were not questioned at all by the AG’s counsel. Asking brave questions revealed the truth about the Bond scam. When questions are not asked, it will affect the investigations. It is hard to think that the entire truth will be revealed now,” he said.

He said Prime Minister Ranil Wickremesinghe should also be questioned without being given a questionnaire to answer them in way of an affidavit.

Meanwhile, he said the police in the Northern Province is operated by the Tamil National Alliance (TNA). The TNA, being the Opposition in Parliament, helps the government in delaying elections and the government rewards the TNA in return,” he said.

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Dear Friends,

The Asian Human Rights Commission has received information regarding Mr. Nalaka Danushka Kumara (33) of Moragasmulla, Rajagiriya. He is a resident in the Rajagiriya Police Division. He was abducted by a group of powerfully-built men in a Blue Van at 7 p.m. on 15 October 2017. Relatives of the victim lodged a complaint with the Police who did not take the necessary steps to investigate the crime. A relative pointed out that the Blue Van had the symbol of ‘POLICE’ on it. Later, Police brought the victim back to his house, showed his relatives that he is alive and admitting that Nalaka is in custody. A series of cases of White Van Abductions and reported disappearances during the last thirty years in Sri Lanka have shocked the entire country. The Asian Human Rights Commission (AHRC) seriously recommends that the Inspector General of Police (IGP) and the Attorney General take strict and concrete action to end this barbaric practice of abductions. It directly violates fundamental freedoms and the democratic rights of its citizens.

Case Narrative:

Nalaka Danushka Kumara (33) of Moragasmulla, Rajagiriya is a resident in Rajagiriya Police Division in Colombo District. Nalaka is married and the father of a 3 month-old baby girl.

On 15 October, 2017, at 7 p.m. Nalaka was at Ward Place in Colombo 07 about to enter the shopping mall. Two husky men approached, forcefully holding him in place by pinning both his arms at the side of his body. They searched his pants pockets and finding northing dragged him to a Blue Van parked near a group of seven well-built adult men. Nalaka’s relatives who were with him were afraid at seeing what was taking place before their eyes. They implored the abductors not to harm their relative and release him. No attention was paid to their pleas and the abductors left with Nalaka in custody.

The next morning, Nalaka’s relatives checked out Rajagiriya Police Station, Borella Police Station, Cinnamon Garden Police Station and several other Police Stations in the Colombo area. They filed a complaint about the abduction at the Rajagiriya Police Station. Officers recorded only the statement of Nalaka’s wife.
Even though relatives waited around to find out more information about what was being done to Nalaka, they were not told anything.
Although relatives re-visited the Police Station several times, the Police were not forthcoming. They did not explain if there were any successful steps in the investigation to date.

As a last resort, the relatives approached the National Media, alerting them to the present state of affairs in the abduction of their relative. At 12 noon 17 October 2017, the Media directly questioned the Police Media Spokesman as to progress in the investigation.

Bravely, one correspondent openly questioned a Policeman. The Police are responsible for this abduction as there is an eye witness who says that there was a ‘POLICE’ symbol in the Blue Van in which Nalaka was abducted. The spokesperson vociferously denied any involvement of the Police in this case. He explained in detail. If a victim was arrested by the Police, he would immediately be given the reason for the arrest and the Warrant would be produced followed by notification of the next of kin. Police never keep detainees more than 24 hours as specified by the Law. Considering the aforementioned circumstances, the Spokesperson vehemently denied the fact that the Police had arrested or abducted the person in question.

Fortunately at 5:30 p.m. on the same day, several Moratuwa Police Station Officers brought Nalaka back home and showed his relatives that he was alive. But, they immediately brought him back to the Police Station. When relatives questioned the Officers, they admitted to the fact that they arrested and detained Nalaka. When the plucky relatives refuted the Officers for breaching procedural laws in arresting and detaining the victim, the Officers simply laughed, admitting their behavior.

Considering the above mentioned facts, the Asian Human Rights Commission (AHRC) raises the two following important questions for the Sri Lankan State Authorities. It is very clear that, in the nature of the abduction, it has been conducted by the Police. The detainee was kept in custody in an unrecognized Detention Center and incarcerated beyond the specified time period prescribed by Law. We query the Inspector General of Police (IGP) as to HOW he is investigating this crime.

Abducting innocent people is a routine, not accepted practice in Sri Lankan society. Police, Law Enforcement Authorities and Paramilitary Groups have ALL been involved in this type of crime. The AHRC is seriously challenging the IGP and the Attorney General to take stern action as quickly as possible. Realistic, pragmatic and collective measures are urgently needed to stop these abductions, reassure the public and bring responsible perpetrators before the Courts.

Suggested Action:

Please send letters to the Authorities listed below expressing your concern about this case. Request an immediate investigation into the abduction of an innocent man by Police Officers. Prosecute those proven to be responsible. The Officers involved should face an internal investigation for breach of Police Departmental Orders.

To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Innocent man abducted by a Blue Police Van in the heart of Colombo
Name of Victims: Nalaka Danushka Kumara (33) of Moragasmulla, Rajagiriya is a resident in Rajagiriya Police Division in Colombo District
Alleged perpetrators: Officers attached to the Moratuwa Police Station
Date of incident: 15 October 2017
Place of incident: Borella Police Division

According to the information I have received Mr. Nalaka Danushka Kumara (33) of Moragasmulla, Rajagiriya is a resident in Rajagiriya Police Division in Colombo District. Nalaka is married and the father of a 3 month-old baby girl.

On 15 October, 2017, at 7 p.m. Nalaka was at Ward Place in Colombo 07 about to enter the shopping mall. Two husky men approached, forcefully holding him in place by pinning both his arms at the side of his body. They searched his pants pockets and finding northing dragged him to a Blue Van parked near a group of seven well-built adult men. Nalaka’s relatives who were with him were afraid at seeing what was taking place before their eyes. They implored the abductors not to harm their relative and release him. No attention was paid to their pleas and the abductors left with Nalaka in custody.

The next morning, Nalaka’s relatives checked out Rajagiriya Police Station, Borella Police Station, Cinnamon Garden Police Station and several other Police Stations in the Colombo area. They filed a complaint about the abduction at the Rajagiriya Police Station. Officers recorded only the statement of Nalaka’s wife.
Even though relatives waited around to find out more information about what was being done to Nalaka, they were not told anything.
Although relatives re-visited the Police Station several times, the Police were not forthcoming. They did not explain if there were any successful steps in the investigation to date.

As a last resort, the relatives approached the National Media, alerting them to the present state of affairs in the abduction of their relative. At 12 noon 17 October 2017, the Media directly questioned the Police Media Spokesman as to progress in the investigation.

Bravely, one correspondent openly questioned a Policeman. The Police are responsible for this abduction as there is an eye witness who says that there was a ‘POLICE’ symbol in the Blue Van in which Nalaka was abducted. The spokesperson vociferously denied any involvement of the Police in this case. He explained in detail. If a victim was arrested by the Police, he would immediately be given the reason for the arrest and the Warrant would be produced followed by notification of the next of kin. Police never keep detainees more than 24 hours as specified by the Law. Considering the aforementioned circumstances, the Spokesperson vehemently denied the fact that the Police had arrested or abducted the person in question.

Fortunately at 5:30 p.m. on the same day, several Moratuwa Police Station Officers brought Nalaka back home and showed his relatives that he was alive. But, they immediately brought him back to the Police Station. When relatives questioned the Officers, they admitted to the fact that they arrested and detained Nalaka. When the plucky relatives refuted the Officers for breaching procedural laws in arresting and detaining the victim, the Officers simply laughed, admitting their behavior.

Considering the above mentioned facts, the Asian Human Rights Commission (AHRC) raises the two following important questions for the Sri Lankan State Authorities. It is very clear that, in the nature of the abduction, it has been conducted by the Police. The detainee was kept in custody in an unrecognized Detention Center and incarcerated beyond the specified time period prescribed by Law. We query the Inspector General of Police (IGP) as to HOW he is investigating this crime.

Abducting innocent people is a routine, not accepted practice in Sri Lankan society. Police, Law Enforcement Authorities and Paramilitary Groups have ALL been involved in this type of crime. The AHRC is seriously challenging the IGP and the Attorney General to take stern action as quickly as possible. Realistic, pragmatic and collective measures are urgently needed to stop these abductions, reassure the public and bring responsible perpetrators before the Courts.

I request the intervention of your good offices to ensure that the Authorities listed below open an immediate investigation into this case. The Officers involved should also be subject to an internal investigation for breach of Police Department Orders.

Yours sincerely,

———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. PujithJayasundara
   Inspector General of Police
   New Secretariat
   Colombo 1
   SRI LANKA
   Fax: +94 11 2 440440 / 327877
   E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
   Attorney General
   Attorney General’s Department
   Colombo 12
   SRI LANKA
   Fax: +94 11 2 436421
   E-mail: ag@attorneygeneral.gov.lk
3. Secretary
   National Police Commission
   3rd Floor, Rotunda Towers
   109 Galle Road
   Colombo 03
   SRI LANKA
   Tel: +94 11 2 395310
   Fax: +94 11 2 395867
   E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
   Human Rights Commission
   No. 36, Kynsey Road
   Colombo 8
   SRI LANKA
   Tel: +94 11 2 694 925 / 673 806
   Fax: +94 11 2 694 924 / 696 470
   E-mail: sechrc@sltnet.lk

Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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Asian Human Rights Commission
G/F
52 Princess Margaret Road
Ho Man Tin, Kowloon
Hongkong S.A.R.
Tel: +(852) 2698-6339 Fax: +(852) 2698-6367
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මාධ්‍ය ඒකකය ශ්‍රී ලංකා මානව හිමිකම් කේන්ද්‍ර‍ය

ඉදිරියේ දී සක්‍රීය විය හැකි මෝසම් වැසි තත්වයට මුහුණදීම සදහා බදුල්ල දිසාපති නිමල් අබේසිරි ගෙන් බාහිර යාන්ත්‍ර‍ණයක් සකස් කිරීම සදහා ජනාධිපතිවරයා කටයුතු කර ඇත.  එහි පළමු රැස්වීම් අද පැවැත්වේ.  

රු. මිලියන 600 ක මුදලක් සහන කටයුතු සදහා ලබාදීමෙන් පසුව ද, සහක කටයුතු සිදු නොවීම හේතුවෙන් මේ වන විට උමාඔය සහන ව්‍යාපෘතිය අවුලෙන් අවුලට පත්වී ඇත.  ආපදා කළමනාකරණ අමාත්‍යාංශය, ජාතික ගොඩනැගිලි පර්යේෂණ සංවිධානය, ප්‍රාදේශීය ලේකම්වරුන්ගෙන් සමන්විත කාර්යාලයක්  බණ්ඩාරවෙල නගරයේ නොවැම්බර් 1 දින සිට ආරම්භ කරනු ඇත.  කොන්ත්‍රාත්කාර ෆරාබ් සමාගම සතු නිවාස කිහිපයක් ද, වාහන ද එයට අනියුක්ත කරනු ඇත. 

ඉදිරි මාස 4 ක කාලයක් සදහා බදුල්ල දිස්ත්‍රික්කයේ උමාඔය කලාපයේ ඇතිවන සියලු ආපදා සහන කටයුතු මෙම කාර්යාලයේ සෘජු අධීක්ෂණය යටතට පත් කරනු ඇත. කැබිනට් තීරණයක් අනුව මෙම කාර්යාලය පිහිටුවා ඇත.  එයට අවශ්‍ය සියලු සම්පත් ඉදිරි දින 5 තුල සම්පාදනය කිරීමට ජනාධිපතිවරයා නියෝග කර ඇත.

බදුල්ල දිසාපතිවරයාගේ කටයුතු පිළිබද ජනාධිපතිවරයා මේ වන විට අවස්ථා ගණනාවක දී ම නොසතුට පළ කර ඇත.  නමුත්, ස්වදේශ කටයුතු ලේකම් නීල් ද අල්විස් හා අමාත්‍ය වජිර අබේවර්ධන සමග පවත්වාගෙන යනු ලබන සමීප සම්බන්ධතාව හේතුවෙන් නිමල් අබේසිරි සිය තනතුර ආරක්ෂාකර ගැනීමට සමත්වී ඇත. 

උමාඔය සහන අරමුදලට යොමු කළ රු. මිලියන 100 ක මුදලක් දින 31 ක් පුරා භාවිතයට නොගැනීම, ජනතාවට නිවාස කුලී හා නිවාස වන්දි නොගෙවීම පිළිබද විමර්ශනයක් මේ වන විට ඇරඹී ඇත.  විශ්‍රාම ගැනීමෙන් පසුව සේවා දිගුවක් ලබා සිටින බදුල්ල දිසාපති නිමල් අබේසිරි වෙත රු. මිලියන 600 ක මුදලක් ජනාධිපතිවරයා විසින් මහවැලි සංවර්ධන අමාත්‍යාංශය හරහා මේ වන විට ලබාදී ඇත.  එයින් එකම කුඩාරමක්, ටකරං මඩුවක්, නල ලිදක්, විකල්ප මාර්ගයක්, තාවකාලික නිවාසයක් ඉදිකිරීමට මේ දක්වා හැකිවී නැත.    දෙදහසකට වැඩි පිරිසකට ඉඩම් ලබාදීම හෝ රු. 25,000 දක්වා වැඩි කල නිවාස කුලී ලබාදීම හෝ සිදුවී නැත.  රජයේ තක්සේකරු නිලධාරීන්ට මාස 3 කින් දීමනා ගෙවා නොමැත.  වහා ඉවත් කළ යුතු යැයි රතු සිතියමේ සිතියම් ගත පවුල් 89 ක් හෝ එයට වැඩි සංඛ්‍යාවක් තවමත් මරණ වරෙන්තුවක් සහිතව බණ්ඩාරවෙල, ඇල්ල ප්‍රදේශයන් හි ජීවත්වෙති.

මාධ්‍ය ඒකකය

ශ්‍රී ලංකා මානව හිමිකම් කේන්ද්‍ර‍ය

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the attempt to extra-judicially kill Mr. Ranhotigedara Vajira Kumara (41), at the Negombo Police Division in Gampaha District. At 5:30 p.m. 12 August 2017, Vajira was driving to his business with friends on Colombo-Puttalam Road towards Chilaw. Without warning, a group of Police Officers attached to the Special Task Force (STF) fired on his vehicle. Vajira was injured and later admitted to the National Hospital of Colombo for treatment. Relatives of the victim state that STF Officers attempted to murder their relative without any justifiable reason. The Police later issued a media communique acknowledging the shooting but justifying it stating that they were on their way to arrest suspects in a case of theft. Relatives stated that the Police are reluctant to investigate cases where its own Officers have been seriously involved in committing crimes against the public.

CASE NARRATIVE:

The Asian Human Rights Commission has received information about Mr. Ranhotigedara Vajira Kumara (41), Rajapakshapura, Seeduwa, in the Gampaha District.

At 5:30 p.m. on 12 August 2017, Vajira was traveling to Chilaw in a hired vehicle with his friends to attend to his business affairs. The vehicle was driven by one of his friends. As they were passing the Negombo Town on the Colombo-Puttalm main road, he observed a Police jeep with ‘STF’ Special Task Force on it. The jeep overtook his vehicle, stopping in front of it without following necessary road traffic signals.

The Police jeep did not signal Vajira’s vehicle to stop or ask the driver to follow any orders. Other uniformed Police Officers did not give hand signals to follow their orders either. They did not verbally request anything. Suddenly Officers opened fire on Vajira’s vehicle. All in the vehicle were shocked and implored them to stop firing. BUT, the Police did not stop. Vajira could feel in his body that he was shot. Police Officers brought him to the Negambo General Hospital where he was admitted for emergency treatment of gunshot wounds.

The Doctors examined the victim, immediately transferring him to the National Hospital of Sri Lanka (NHSL) in Colombo for further specialized investigations. The Doctors found that bullets penetrated deep inside Vajie’s skull severely damaging his nervous system. Considering the severity of his injuries, Doctors quickly referred him for special treatment in the Neurology Unit of the NHSL. Later Vajira underwent several surgeries while being treated as an inpatient in this hospital.

The relatives state that, neither Vajira nor any of his friends in the vehicle were engaged in any violent or criminal activity. They were not a public nuisance to pedestrians or other vehicles on the road. They did not cause any trouble to the Officers on duty at that time. No driver, passenger or neighbor in the vicinity made any verbal, telephone or written complaint against him. In such a situation, suddenly firing at them without warning is not lawful.

Furthermore, the relatives stated that the STF Officers were not conducting official duties of ‘peace officers’ according to the Criminal Procedure Code, No: 15 of 1979. It is the regular Police Officers who conduct investigations, make arrests and produce suspects in the Courts. In this case, STF Officers simply fired into civilians travelling in a peaceful manner. The question is WHY. This conduct has caused severe distress, anxiety and FEAR among the civilian population.

Later, the Police issued the following statement. A team of Police Officers, attached to the STF were following orders from their commanding officer to arrest several people wanted on suspicion of thievery. The STF received information that they were moving around in the Negombo area. They followed the vehicle, fired into it and made arrests. However, the police communique never justified the manner in which the STF officers behaved beyond the limits of the Law. The Media Statement further stated that they found several weapons, ammunition and mobile phones in the vehicle the victim was driving. Relatives totally denied these allegations. They said that none of the above mentioned equipment was in the vehicle while it was moving. It was introduced later by the Police to frame Vajira and justify their illegal actions.

Both victim and his family members firmly believe that the Police senselessly fired on their relative. They are guilty of attempted murder under Criminal Law. Police have acknowledged and accepted the firing and assume responsibility for it. They have not yet arrested the responsible Police Officers who engaged in the indiscriminate shooting. They have not yet made any successful attempt to investigate the crime.

The relatives referred to the following points in the Criminal Procedure Code of Sri Lanka. It is the Officer-in-Charge (OIC) of the Negobo Headquarters Police Station, who is responsible for investigating, arresting suspects, reporting the facts and producing suspects in the Magistrate’s Courts. The OIC has failed to fulfill these duties under the Law.

THE VICTIM HAS BEEN DENIED JUSTICE.

Vajira’s family maintains that the Police attempted to extra-judicially kill their relative. This is another indication of the faulty Policing System in Sri Lanka. It extra-judicially kills innocent suspects under the guise of crime prevention.

SUGGESTED ACTION:

Please write to the Authorities listed below expressing your concern about this case. Kindly request an immediate investigation into allegations of an attempted extra-judicial killing by the Police. Prosecution of those proven to be responsible under Criminal Law is imperative. The officers involved should also be subject to an internal investigation for breach of Police Departmental Orders. The AHRC will write a separate letter to the Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions in this regard.
To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Innocent man fired on by Police in broad daylight in Negombo

Name of Victim: Mr. Ranhotigedara Vajira Kumara (41), Rajapakshapura, Seeduwa, in the Gampaha District.
Alleged perpetrators:
1) Officers attached to the Special Task Force (STF)
2) Officer-in-Charge (OIC) of the Negombo Headquarters Police Station
Date of incident: 12 August 2017
Place of incident: Negombo Police Division

I write with regard to information I have received, about the attempt to extra-judicially kill Mr. Ranhotigedara Vajira Kumara, 41 years old, from Rajapakshapura, Seeduwa, in the Gampaha District.

At 5:30 p.m. on 12 August 2017, Vajira was traveling to Chilaw in a hired vehicle with his friends to attend to his business affairs. The vehicle was driven by one of his friends. As they were passing the Negombo Town on the Colombo-Puttalm main road, he observed a Police jeep with ‘STF’ Special Task Force on it. The jeep overtook his vehicle, stopping in front of it without following necessary road traffic signals.

The Police jeep did not signal Vajira’s vehicle to stop or ask the driver to follow any orders. Other uniformed Police Officers did not give hand signals to follow their orders either. They did not verbally request anything. Suddenly Officers opened fire on Vajira’s vehicle. All in the vehicle were shocked and implored them to stop firing. BUT, the Police did not stop. Vajira could feel in his body that he was shot. Police Officers brought him to the Negambo General Hospital where he was admitted for emergency treatment of gunshot wounds.

The Doctors examined the victim, immediately transferring him to the National Hospital of Sri Lanka (NHSL) in Colombo for further specialized investigations. The Doctors found that bullets penetrated deep inside Vajie’s skull severely damaging his nervous system. Considering the severity of his injuries, Doctors quickly referred him for special treatment in the Neurology Unit of the NHSL. Later Vajira underwent several surgeries while being treated as an inpatient in this hospital.

The relatives state that, neither Vajira nor any of his friends in the vehicle were engaged in any violent or criminal activity. They were not a public nuisance to pedestrians or other vehicles on the road. They did not cause any trouble to the Officers on duty at that time. No driver, passenger or neighbor in the vicinity made any verbal, telephone or written complaint against him. In such a situation, suddenly firing at them without warning is not lawful.

Furthermore, the relatives stated that the STF Officers were not conducting official duties of ‘peace officers’ according to the Criminal Procedure Code, No: 15 of 1979. It is the regular Police Officers who conduct investigations, make arrests and produce suspects in the Courts. In this case, STF Officers simply fired into civilians travelling in a peaceful manner. The question is WHY. This conduct has caused severe distress, anxiety and FEAR among the civilian population.

Later, the Police issued the following statement. A team of Police Officers, attached to the STF were following orders from their commanding officer to arrest several people wanted on suspicion of thievery. The STF received information that they were moving around in the Negombo area. They followed the vehicle, fired into it and made arrests. However, the police communique never justified the manner in which the STF officers behaved beyond the limits of the Law. The Media Statement further stated that they found several weapons, ammunition and mobile phones in the vehicle the victim was driving. Relatives totally denied these allegations. They said that none of the above mentioned equipment was in the vehicle while it was moving. It was introduced later by the Police to frame Vajira and justify their illegal actions.

Both victim and his family members firmly believe that the Police senselessly fired on their relative. They are guilty of attempted murder under Criminal Law. Police have acknowledged and accepted the firing and assume responsibility for it. They have not yet arrested the responsible Police Officers who engaged in the indiscriminate shooting. They have not yet made any successful attempt to investigate the crime.

The relatives referred to the following points in the Criminal Procedure Code of Sri Lanka. It is the Officer-in-Charge (OIC) of the Negobo Headquarters Police Station, who is responsible for investigating, arresting suspects, reporting the facts and producing suspects in the Magistrate’s Courts. The OIC has failed to fulfill these duties under the Law.

I therefore request your intervention to ensure that an immediate investigation is undertaken into the attempted murder of this victim. He was abruptly and directly fired upon by Police. The Officers involved must also be subject to an internal investigation for breach of Departmental Orders.

Yours Sincerely,
———————
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara
   Inspector General of Police
   New Secretariat
   Colombo 1
   SRI LANKA
   Fax: +94 11 2 440440 / 327877
   E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
   Attorney General
   Attorney General’s Department
   Colombo 12
   SRI LANKA
   Fax: +94 11 2 436421
   E-mail: ag@attorneygeneral.gov.lk
3. Secretary
   National Police Commission
   3rd Floor, Rotunda Towers
   109 Galle Road
   Colombo 03
   SRI LANKA
   Tel: +94 11 2 395310
   Fax: +94 11 2 395867
   E-mail: npcgen@sltnet.lk or polcom@sltnet.lk4. Secretary
   Human Rights Commission
   No. 36, Kynsey Road
   Colombo 8
   SRI LANKA
   Tel: +94 11 2 694 925 / 673 806
   Fax: +94 11 2 694 924 / 696 470
   E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

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Editorial Courtesy  Ceylon Today

Sri Lanka has two conventional forms of inquiring into high stake criminal allegations: one is to conduct a mainstream Police investigation, which more or less would result in a lackadaisical inspection that might or might not result in justice being served. The second form is the Inquisitorial Commission which encompasses all aspects of law and order in the country, into a nice and cute goodie bag but would ultimately have only one purpose: reporting to the Head of State and give recommendations as to what should be done with regard to the matter. Unbeknownst the fact that these Presidential (previously Royal) Commissions of Inquiry were introduced in 1948 and is old as our Independence, it’s widely accepted that these Commissions are more efficient in completing their designated tasks. The end results of these Inquisitorial Commissions however, hold no weight at all.

We have seen the likes of the Commission of Lessons Learnt and Reconciliation during former President Mahinda Rajapaksa’s tenure, following the end of the Tamil separatist war. The Commission was mandated to investigate the facts and circumstances which led to the failure of the ceasefire agreement made operational on 27 February 2002, the lessons that should be learnt from those events and the institutional, administrative and legislative measures which need to be taken in order to prevent any recurrence of such concerns in the future, and to promote further national unity and reconciliation among all communities. The Commission’s report was not widely accepted due to its bias towards the local military forces.

The Udalagama and Paranagama Commission’s probing violations of human rights and complaints regarding missing persons shared a similar fate. While some Commission reports recommended that cases be taken up to a Special High Court and Truth Commission, others simply died down due to political interference and utter negligence. Even the 2012 Welikada Prison riots and the ensuing massacre of inmates resulted in several committee inquiries, various Police investigations, a singular and less recognized Prison Commission of Inquiry which yielded no results.

The findings were never made public and no prosecutions were launched. The current Unity Government came to power on promises that it will investigate and punish the perpetrators of these crimes but little has been done. As of now, it has only succeeded in delaying the long drawn process of meting out justice for cases such as the Welikada Prison riots that are currently stuck in the Appeal Court. However, if you ask the authorities, the case is ongoing. And that seems to be the case; it’s forever stuck in a time loop that has forced it to be on going, but immobile at the same time. In this current context, the Presidential Commission of Inquiry probing the issuance of Treasury Bonds of the Central Bank seems to be the only hope that restores our faith in the system. With competent Commissioners who are seemingly unwilling to bend before political pressure and similarly proficient officers of the Attorney General’s Department and officers of the Criminal Investigation Department, the public has received a large amount of information about the connections that people in power have. When compared to the two, Committee on Public Enterprises, inquiries the numerous Fundamental Rights cases taken up at the High Courts, this Presidential Commission of Inquiry has made public much evidence of wrongdoing that leads us to believe that a strong case for the prosecution of several individuals on a number of charges is possible.

The Commission which wrapped up official hearing of evidence last Tuesday (17) is confident that adequate information has been collected to compile the final report. And to be honest, this has been looked forward to since the establishment of the Commission nine months ago.

If that final report, which will be handed over to the President, is neglected and lies on a shelf somewhere gathering dust, it would certainly be a tragedy.

The Unity Government’s leaders, who came harping on law and order, justice and peace, right now cannot afford to ignore that public outcry that is destined to rise if nothing happens at the end of this long and public inquiry.

Editorial Courtesy The Island

October 19, 2017, 9:44 pm

The JVP has fired the opening salvo in what seems to be a well organised campaign to prevent President Maithripala Sirisena from seeking a second term. Its Propaganda Secretary Vijitha Herath, MP, has vowed to defeat Sirisena if he contests again. SLFPers loyal to Sirisena want him to seek another term as their political survival is dependent on him; they have been busy sending trial balloons for the past several months.

President Sirisena declared, on several occasions, that he wouldn’t contest again, as the JVP has rightly pointed out. He made a solemn pledge to that effect on the day of his inauguration in Jan. 2015. Ambitious politicians who, unable to make a comeback, used Sirisena as a battering ram to bring down the Rajapaksa government expected him to win the presidency and retire like D. B. Wijetunga so that they could achieve their goals thereafter. But, they are now disappointed that he has asserted himself and his loyalists want him to contest again. Has the JVP spoken for those who consider Sirisena an obstacle in their path?

The JVP has boasted that it defeated Mahinda Rajapaksa in the 2015 presidential race. This claim reminds us of a story. A herd of rampaging elephants destroyed part of a forest one night. The following morning an animal which happened to pass by the place inquired from a chameleon, sitting on an uprooted tree, who had wreaked so much of destruction, and the latter replied triumphantly, “Elephants and we!”

True, the JVP, to its credit, played a vital role in enabling Rajapaksa to secure the presidency in 2005, when not even the SLFP threw its full weight behind him. But, times have changed. The JVP was extremely popular in the mid-Noughties. One may recall that it obtained 39 seats as a constituent of the UPFA and some of its leaders outperformed even very senior SLFP leaders at the 2004 general election. In the Gampaha District, Vijitha Herath got 215,540 preferential votes while Anura Bandaranaike (UPFA) could poll only 198,444 in the Bandaranaikes’ stronghold.

The JVP has since lost its appeal to the electorate. It went all out to defeat Rajapaksa at the 2010 presidential election only to have egg on its face. In 2015, Sirisena would have won with or without the JVP’s support because he enjoyed the unstinted backing of the UNP, the TNA, the SLMC and a section of the SLFP. By 2015, the Rajapaksa government had become highly unpopular due to its corruption, profligacy, abuse of power, hubris and one-family show. It also alienated young voters.

The JVP once again sullied its image big time, in 2015, when it became a shameless beneficiary of the despicable manipulation by the Sirisena-Wickremesinghe government of parliamentary composition out of its desperation to deny Rajapaksa the post of the Opposition Leader; JVP leader Anura Kumara Dissanayake accepted the post of the Chief Opposition Whip. The Rathu Sahodarayas have been playing softball with the UNP for the past two and a half years. They even unflinchingly helped the government secure the passage of the most despicable piece of legislation, the Provincial Council Election (Amendment) Bill recently. The JVP has thus become a malleable tool in the hands of the UNP and a spent political force. So, instead of threatening to defeat others it had better get its act together in a bid to prevent its own ignominious defeat at future elections.

One cannot but agree with the JVP that President Sirisena has no moral right to renege on his pledge that he would not seek another term. But, if the SLFP or an alliance led by it fields Sirisena at the next presidential election with a UNP candidate challenging him, a JVP campaign against him will be advantageous to the UNP. What will the JVP do in such an eventuality? Or, will the JVP also field a candidate and cause a split in the anti-UNP vote? Who will stand to gain in such an eventuality? These are some of the questions the JVP, which flaunts a revolutionary cause and condemns capitalism at every turn, should answer.

By Faizer Shaheid Courtesy Ceylon Today

Law enforcement agencies are the most crucial element in maintaining law and order in any country, not just in Sri Lanka. In almost all countries, the primary force of law enforcement is the Police. Should the Police be mediocre, the nation fails and criminals will rule. So, it does matter to Sri Lanka how the Police enforce the law, and how any changes will affect the country.

Sri Lanka always had a singular and united Police Department, which operated under a common banner. This continued up until 1987 when the Prime Minister of India at the time, Rajiv Gandhi, coerced Sri Lanka into signing the Indo-Sri Lanka Pact and purported to devolve the Police Force. Following the 13th Amendment which was forced upon Sri Lankans by Gandhi, the Ninth Schedule to the Constitution segregated the powers of the country into three, namely, the Provincial List, the Reserved List and the Concurrent List.

The Provincial List contained the powers to be held by a Provincial Council and it also included legislative powers over Police and Public Order. However, despite significant debate and demands, especially by the Northern Provincial Council, such Police powers are yet to be devolved.

Under the present Constitution

Law and Order is contained in the Ninth Schedule and set out comprehensively under Appendix I. It states that public order and exercise of Police powers will not include national defence, national security or the use of any armed forces under the control of the Government of Sri Lanka.

The Inspector General of Police (IGP) is to head the Police Department, and there is to be a National Division and a Provincial Division. The IGP, together with Deputy Inspectors General (DIGs), Superintendents (SPs) and Assistant Superintendents (ASPs) are to form a part of the National Division, while the Provincial Division is said to include DIGs and all other ranks below. A Police Officer would be entitled to be promoted to the National Division. All recruitments are to be made by a National Police Commission. There must also be a Provincial Police Commission which will comprise three members who will administer the recruitment of Police personnel to the Provincial Divisions. The three persons are to be the DIG of the Province, a person nominated by the Public Service Commission of the Province and a nominee of the Chief Minister of the Province.

The DIG is appointed by the IGP after consulting the Chief Minister of the Province. If they can’t agree on a decision, the National Police Commission will take control and will make an appointment after consulting the Chief Minister. The cadre of officers are also to be fixed by the Provincial Administration, with the approval of the National Police Commission. This fixation is performed after having due consideration of the area of the Province, population and other related criteria.

The Members of the National Division and the Provincial Division must wear the same uniform and insignia of rank. Each of the Police Officers will have to follow the command of the DIG of the Province. However, maintenance of law and order will have to be performed in consultation with the Chief Minister of the Province.

This may change under two circumstances. Firstly, upon declaration of emergency, the President assumes all powers of the Chief Minister of the Province. Secondly, if there is a grave disturbance within the province, without declaring an emergency, the President can direct the Provincial Police Division with the consent of the Chief Minister. In a state of emergency, the IGP takes charge and directs the Police Force as he thinks suitable to contain the situation.

Any investigation that is to be investigated by the Provincial Police can then be taken over by the Criminal Investigation Division (CID). However, such a transfer of an investigation can only happen at the discretion of the Chief Minister. Even if the IGP feels it necessary to transfer an investigation to the CID, he must consult the Chief Minister. Under the present Constitution, the National Police Commission has only limited discretion. Offences against the State, offences relating to the security forces, offences relating to elections, offences relating to currency and stamps, offences against the President, an offence of a public officer or a judicial officer or an elected representative or an offence relating to public property would all fall under the purview of the National Police.

Further to that, the National Police will be mandated to investigate offences compromising national security, or any offence on a subject included in the Reserved List. They will also have discretion to investigate if the crime is multi-provincial or of international nature.

Despite the far-reaching implications of the Thirteenth Amendment, especially in devolving Police powers, certain parts were refuted and denied by successive Governments. Particularly considering the dangers of secession. The North has repeatedly insisted on having the Thirteenth Amendment fully implemented, yet the dangers of this nature are foreseen.

The North has often proudly displayed their separatist tendencies, and have not quite deviated from their standpoints. Even after the conclusion of the war, under the Mahinda Rajapaksa reign, the North demanded the full implementation of the Thirteenth Amendment, but it failed to materialize. Not even after the downfall of the last regime.

If the North was capable of commanding a Police Force, they could as easily rule over their own land. The moles within the Police Force will be aplenty and national security would be compromised. The ability to control law enforcement within a separate state would have been easier if the LTTE had control of the Police Force in the province. Thus has been the prevailing fear for the past thirty years since the enactment came to force.

New Constitution

The interim report of the Steering Committee of the Constitutional Assembly, which was earlier leaked, had contained intentions to have an Independent National Police Commission and a Provincial Police Commission. They did not contain a comprehensive list of powers but did specify separate Police forces for each province.

The recommendation for a separate Police force for each province does not appear in the Steering Committee report that was officially released. However, there has been increased speculation that the recommendation has not been completely withdrawn. Concerns have been raised that the current terminology in its exact form can be retained and given effect to in a subsequent Constitution.

It is expected that the powers contained under the Provincial List and the Reserved List in the Ninth Schedule of the present Constitution should be carried forth into the new Constitution, while the Concurrent List is to be split and distributed to the State and Provincial Councils.

Therefore, Appendix I of the Ninth Schedule on maintenance of law and order, which is currently inoperative, will be enforced under a new Constitution.

Granting of Police powers instils the same fears of secession as was prevailing under the Thirteenth Amendment when it was enacted. However, under the present circumstances, secession could be far easier. If Police powers are to be devolved to Provincial Councils in the manner prescribed in the Ninth Schedule of the present Constitution, any faction controlling the Provincial Council will have a certain amount of control over the Police Force. Particularly considering the amount of influence vested in the Chief Minister of a Province in relation to appointments and promotions.

A Provincial Police Force will choose people from within the same province to carry out the tasks. There is every possibility of political influence, and it is completely possible that right minded Police Officers may be side-lined while those who grant political favours to politicians will be gifted with promotions. Over a few years, the entire Provincial Police Force will turn into a State-sponsored set of goons for the Chief Minister of a Province, who will dictate terms as he pleases.

It is far worse if a political faction has separatist tendencies. Granting of Police powers to a Provincial Council that has power to make insubordinate law and powers to control State land and distribute it as it pleases will almost inevitably declare a separate State for the separatists. Especially if the Government wishes to unite the North and East as a single Province. Then it would make secession so much easier.

Conclusion

The Government plans on a model to have maximum devolution within a unitary State. However, although maximum devolution appears to be truthful, the recommendations of a new Constitution spell many foreseen dangers – A provincial Police force, insubordinate law making powers and in particular and the obvious moves to once again merge the two provinces that was once declared an independent Tamil Eelam. The new Constitution now appears to have all the ingredients necessary to cede the North and East to separatists.

(The writer is a Political Analyst and an independent researcher of laws. He holds a postgraduate degree in the field of human rights and democratization from the University of Colombo and an undergraduate degree in Law from the University of Northumbria, United Kingdom)

DR. UPATISSA PETHIYAGODA Courtesy The Island

October 19, 2017, 9:50 pm