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AI demands full implementation of UN HC’s recommendations
In a report released on Feb 18, less than a week before the commencement of the 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), the London headquartered Amnesty International said: “Members of the military leadership that were in command during the last phase of the war, when allegations of human rights and humanitarian law violations are widespread, were rewarded with promotions and positions of power under the new administration, including to civilian positions. This has had a chilling effect on victims demanding justice.”
The Sri Lankan Government has launched a renewed crackdown on dissent that is severely curtailing civil society freedom and obstructing efforts to deliver justice for conflict-era crimes under international law, the AI alleged.
The report, Old ghosts in new garb: Sri Lanka’s return to fear, claims that the Sri Lankan government has targeted human rights organisations, media, lawyers, political opponents, and law enforcement officers in a concerted bid to suppress opposing voices and hamper the transitional justice process for crimes committed during the country’s 30-year armed conflict.
“Over the past year, the Sri Lankan government has radically transformed the country’s civic space, which is now defined by an increasing hostility and intolerance towards dissenting voices,” said David Griffiths, Director of the Office of the Secretary General at Amnesty International.
He claims: “People from all walks of life have been threatened, intimidated, harassed and jailed, simply for expressing views or doing their jobs in ways that displease the authorities. The Sri Lankan government must cease this campaign against dissent and respect its obligations under international law to protect freedom of expression, peaceful assembly and association, the right to personal security, and freedom from arbitrary detention.”
“Since withdrawing from the UN Human Rights Council-driven justice and reconciliation process for conflict-era crimes in February 2020, the authorities have cracked down on those pursuing justice while deliberately hindering ongoing efforts to secure justice and accountability.
Amnesty International is calling on the UN Human Rights Council to implement the recommendations of a damning report on Sri Lanka published by the UN High Commissioner for Human Rights last month, when it meets from 22 February to 23 March. This includes more robust monitoring and reporting on the human rights situation, and the collection and preservation of evidence for future prosecutions.
“The international community must not turn a blind eye to the deteriorating human rights situation in Sri Lanka, which is being abetted by the government’s regressive moves on justice and accountability. The Human Rights Council must take steps to end the cycle of impunity by holding the Sri Lankan government fully to account, and launching a new internationally agreed justice process,” said David Griffiths.
“Amnesty International’s findings reveal a pattern of targeting those who have played an active role in investigating, documenting, litigating, or reporting on human rights violations and abuses, and advocating on behalf of the victims, including at least six incidents where lawyers were targeted.
“The country’s draconian Prevention of Terrorism Act was used, among others, against Hejaaz Hizbullah, a prominent minority rights advocate and lawyer, who has been detained for 10 months, without a shred of evidence of wrongdoing produced before a court.
“Attorney Achala Senevirathne, who appeared on behalf of families of the disappeared in an enforced disappearance case, has been threatened with violence and sexualized abuse not only on social media but also by officials accused in the case.
“Criminal investigators who pursued justice for crimes under international law have also come under increased scrutiny. The former director of the Criminal Investigations Department was demoted and later arrested for allegedly fabricating evidence in a case. He remains in custody and believes he is being targeted in reprisal for leading investigations in cases of abuses allegedly committed by the armed forces.
“Members of the military leadership that were in command during the last phase of the war, when allegations of human rights and humanitarian law violations are widespread, were rewarded with promotions and positions of power under the new administration, including to civilian positions. This has had a chilling effect on victims demanding justice.
“The report also details how legislative amendments brought by government have undermined any credible avenues locally available for justice, and how President-appointed Commissions of Inquiry are attempting to reverse accountability for perpetrators of human rights violations.
“The Sri Lankan government did not waste any time in introducing new instruments and techniques to muzzle dissent.
“State actors have led smear campaigns against NGOs and human rights organisations, while journalists have received death threats and have been summoned for investigations and interrogations after exposing human rights abuses.
“Visits by state security officials to the offices of human rights NGOs have increased over the past fourteen months. Amnesty International recorded 18 such visits in that period, during which officials made enquiries about registration details, staff and donors’ bank details. Some staff members were even visited at their private residences.
“Laws are also being misused to stifle free speech, including the International Covenant on Civil and Political Rights (ICCPR) Act, which was used to arrest and detain Ramzy Razeek for more than five months without charge or proper access to a lawyer, for a Facebook post in which he criticised the forced cremation of COVID-19 victims and called for an ideological struggle using the pen and keyboard as weapons.”
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
