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Ex-Rehab & Prisons Reforms Minister:Crisis cannot be solved by releasing prisoners alone
… compares Welisara corona eruption with that of Mahara
By Shamindra Ferdinando
One-time Rehabilitation and Prisons Reforms Minister D. E. W. Gunasekara yesterday (8) said that tangible remedial measures should be taken to address the explosive situation in prisons.
Referring to the recent bloody riots in the Mahara Prison complex, the former General Secretary of the Communist Party emphasised that the problems pertaining to the prison system couldn’t be resolved by releasing convicts and remand suspects.
Gunasekara served as Rehabilitation and Prisons Reforms Minister during 2010-2011 before the Cabinet reshuffle during which several senior ministers were sidelined.
Responding to The Island queries, the former minister who recently quit active politics, said that instead of addressing the growing unrest in prisons, the government appeared to have responded to the crisis caused by the corona pandemic.
Gunasekara urged those responsible for prisons to identify the genuine grievances of the inmates.
Gunasekera said that the government should have taken adequate precautions to thwart the eruption of the corona epidemic in prisons, especially in the wake of the crisis faced by the Navy during the first eruption.
In spite of attempts to deceive the public, thanks to The Island what really caused the corona outbreak at the Welisara Navy base was in the public domain, the former minister said. “The truth is unprecedented congestion caused a corona crisis in that base. Finally, the Navy had no option but to move thousands of personnel stationed at Welisara to bases in the Northern and Eastern Provinces et al,” Gunasekera said.
Comparing Welisara crisis with that of Mahara that claimed the lives of 11 men, Gunasekera said that prisons authorities couldn’t absolve themselves of the responsibility for the well-being of convicts and as well as remand suspects.
“They are the custodians of those who had been entrusted by the courts,” the former minister said. At the time of the Mahara eruption, there had been approximately 2,800 convicts and suspects, the vast majority being the latter.
Gunasekara questioned the rationale in releasing remand prisoners and convicts in response to the congestion. Asked what would be his recommendation, the former Prisons Reforms Minister pointed out that the problem couldn’t be resolved by releasing inmates. Gunasekara agreed with The Island assertion that if emptying the prisons was the solution, then law enforcement authorities and courts, too, would have to curtail ongoing operations especially directed at narcotics and remanding suspects pending investigations, respectively.
Gunasekara urged the government to undertake proper reappraisal of the prisons and expand where necessary to meet what he called public security requirements. The former minister also agreed that it would be a huge mistake on the government’s part to go slow on organized crime because it lacked infrastructure to hold suspects.
Referring to a joint press conference given by the Police and the Excise Department at the latter’s head office, former MP Gunasekara pointed out the Police Spokesman DIG Ajith Rohana was on record as having revealed during 2019 Nov-2020 Nov period 72,000 persons were arrested in connection with heroin, ganja and synthetic drugs such as ICE offenses. If the country lacked the infrastructure to detain suspects it could cause a serious law and order situation, the former minister said, pointing out that the failure to address the issue at hand after the conclusion of the war over a decade ago.
Prisons Management and Prisoners Rehabilitation Minister Lohan Ratwatte told the inaugural meeting of the Justice Ministry Consultative Committee meeting recently the government was planning to release 8,000 prisoners to overcome the congestion.
Gunasekera said that the State should provide basic facilities to the prisoners. “On my first visit to Welikada having assumed duties as rehabilitation and prisons reforms minister over a decade ago, I saw a very long queue there. I was told such long queues were routine as Welikada lacked sufficient toilet facilities. In the absence of proper system to provide such facilities, I sought help from Sri Lanka Red Cross. They swiftly provided funds required to build several dozens of toilets and bathrooms,” Gunasekera said.
Responding to another query, the former minister said that different governments commissioned four reports on prisons reforms and he studied them all soon after receiving the relevant portfolio. Gunasekera said that he was deprived of an opportunity to implement the recommendations in a meaningful way.
The former minister said that appointing commissions after some disaster today was somewhat fashionable. The Mahara riot was a catastrophe which could have been avoided, the ex-MP said. Gunasekera urged the government to examine the complex situation and take remedial measures in consultation with all stakeholders. Gunasekera urged the Opposition not to play politics with the issue but make suitable suggestions.
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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.
