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Foreign medical graduates stage protest against undue delay over conducting ERPM

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The inordinate delay on the part of the Sri Lanka Medical Council (SLMC) to conduct the Examination to Register to Practice Medicine (ERPM) has violated the fundamental rights of around 1,000 foreign medical graduates, the students’ association charged.

“We decided to return to Sri Lanka to pursue a career in medicine and serve our motherland, but the prolonged delay in conducting this mandatory examination has resulted in a gross waste of our time, money and efforts”, the Foreign Medical Graduates’ Association said in a statement following a silent protest at the ‘agitation site’ opposite the Presidential Secretariat on Wednesday.

The SLMC is the statutory council responsible for conducting the ERPM, and all foreign medical graduates with medical degrees from universities recognized by the SLMC are eligible to sit for the exam, as long as they submit their degree and other supporting documents to the SLMC and obtain a Degree Approval, the statement noted.

As outlined in the Degree Approval document, the ERPM consists of four parts (A, B, C, D) and the SLMC is responsible for conducting each part at least twice each year. The last ERPM (part A and D) exam was held in July 2019. Since then, for over one year, the exams have not been held. The SLMC failed to officially advise the foreign medical graduates awaiting the examination regarding the reasons for the delay, the students complained.

“There is now a cumulative total of about 1,000 foreign medical graduates awaiting the examination. It was said that the reason for the delay were petitions filed against the SLMC in the Supreme Court. However, this was never officially made known by the SLMC until 08.06.2020, when some foreign medical graduates submitted a RTI (Right to Information) to the SLMC to find out officially the reason for the delay in conducting the ERPM, the statement further said.

“The response to the RTI, dated 12.06.2020, signed by SLMC Registrar, Dr. Ananda Hapugoda, mentioned six cases filed against the SLMC in the Supreme Court as the reason for the delay. The Registrar also assured us that after the cases were over, there will be no hindrance in conducting the ERPM examination”, the statement noted.

The six petitions that named the SLMC as the respondent were filed by foreign medical graduates, whose application for Degree Approval was rejected by the SLMC on the basis that they did not have the necessary A/L results to practice medicine. On July 23, 2020, the Supreme Court ruled in favour of petitioners outlining that, according to the Medical Ordinance of Sri Lanka, there is no such minimum A/L requirement for practicing medicine in Sri Lanka, and that the SLMC was operating outside its rights in imposing arbitrary requirements upon foreign medical graduates, the statement asserted.

Following this, on August 12, 2020, the SLMC released a notice that called all eligible candidates to apply for the ERPM Part A and D. The period for applications was from August 24 to September 7, 2020. Candidates who had been waiting eagerly for over a year, immediately made the necessary payments (Rs. 20,000 per person), and handed over their applications. However, on September 3, 2020, the SLMC released another notice that the closing date for applications had been extended indefinitely. No reason was outlined for this, it further said.

“A few concerned candidates visited the SLMC seeking answers. Though no answer was given in writing, speaking to some officials of the SLMC led us to believe that there are some internal issues within the SLMC over the Supreme Court ruling, and this has resulted in the exam being delayed indefinitely”, the statement added.

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AG not bound by its recommendations, yet to receive report

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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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JVP picks holes in PCoI report

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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.

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