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Civil society intervenes on behalf of Muslim Covid-19 victims
Karu: Extremists may exploit govt. stand
By Shamindra Ferdinando
Two civil society groups -NMSJ (National Movement for Social Justice) and Purawesi Balaya yesterday (21) urged the government to allow the burial of Muslim victims of Covid-19 in keeping with the WHO guidelines.
Former Speaker and one-time UNP Deputy Leader Karu Jayasuriya and Gamini Viyangoda, on behalf of the NMSJ and Purawesi Balaya respectively, threw their weight behind the ongoing campaign to have the controversial ban on burials lifted.
They pointed out that the UN, too, backed Sri Lankan Muslim community’s demand for burial rights.
These civil society groups took up a stand on burial issue in the wake of Samagi Jana Balavegaya (SJB) leader Sajith Premadasa attacking the government for not adhering with specific UN and WHO instructions in this regard.
Alleging that the government was acting contrary to international norms in respect of final rights of Covid-19 victims, Jayasuriya pointed out that internationally acclaimed virologist Prof. Malik Peiris recently set the record straight. He suggested that burials should be allowed with bodies wrapped in impermeable material.
Responding to another query raised by The Island, the former lawmaker emphasized that continuing prohibition on burials couldn’t be justified under any circumstances as the entire world allowed burials.
Pointing out that there had been a series of discussions among various stakeholders in that regard over the past couple of months and the issue at hand also figured during parliamentary proceedings, the former Speaker drew the government’s attention to a recent court directive that a body should be kept in cold storage until expert committee decided on the matter.
Jayasuriya urged the government to take a decision without further delay. The former Speaker warned that the failure on the part of the government to respond positively to reasonable request could be exploited by extremist elements. The NMSJ Chief said that the government should not turn a blind eye to public protests in various parts of the world demanding the Muslims given burial rights.
Muslims protested both in and outside parliament with Thowheed Jamaat displaying placards at Galle Face against the government.
Purawesi Balaya spokesperson Viyangoda said that the government bid to bury Sri Lankan Muslim dead (corona victims) in the Maldives revealed the bankruptcy of the SLPP lot. Viyangoda said that the Maldives turned down Sri Lanka’s request on the basis it could cause unrest there.
Regardless of UN and WHO assertions that burial of those who died of Covid-19 didn’t pose health risk, Sri Lanka prohibited burials but allowed unrestricted import of foreign garbage, including hazardous materials during the last regime, Viyangoda said.
The civil society activist asked whether anyone of those who had been responsible for importing container loads of British garbage were hauled up before courts.
Having imported garbage from Europe, Sri Lanka now wanted to export bodies to Maldives because it was a Muslim country, Viyangoda said.
Viyangoda said that the government decision was certainly not fair by both Muslims and Catholics as both communities buried their dead.
Referring to a plethora of recent claims that burial of Covid-19 victims posed a grave danger as the groundwater could get contaminated, Viyangoda said that no less a person than Prof. Malik Peiris recently declared scientific opinion on the issue at hand. Once Prof. Peiris stated his opinion there couldn’t be an issue over resumption of burials, Viyangoda said.
Viyangoda said that only China and Sri Lanka carried out compulsory cremations contrary to the stand taken by the UN and WHO.
Both Jayasuriya and Viyangoda pointed out that UN Resident Representative in Colombo Hanaa Singer in early last month made representations to Prime Minister Mahinda Rajapaksa in this regard.
Viyangoda said that Justice Minister Ali Sabry, PC, recently explained why burials should be allowed as the practice didn’t pose a health risk. Appreciating the stand taken by Minister Sabry on this particular issue, Viyangoda said that the National List MP looked at the issue at hand as a member of the community affected by an extremely unfair government stance. However, Minister Sabry took a very different stand on other issues, Viyangoda said. A case in point, he said was the President’s Counsel’s stand on the 20th Amendment to the Constitution.
Viyangoda said that Minister Sabry’s 50 minute video on social media should be watched by both those for and against burials.
Viyangoda said that lawmaker Prof. Tissa Vitharana, too, expressed a view contrary to that of the SLPP as he was no longer a member of the cabinet. The civil society activist said that Prof. Vitharana wouldn’t have uttered a word contrary to the government stand if he was accommodated in the cabinet.
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AG not bound by its recommendations, yet to receive report
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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JVP picks holes in PCoI report
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.