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Post 2019 prez poll ‘reporting, discussions and analysis by a range of sources’ prompt Sri Lanka bashing in Geneva
BHC sidesteps query on Lord Naseby’s disclosure
By Shamindra Ferdinando
The British High Commission in Colombo has claimed stepped up harassment, intimidation and surveillance targeting civil society by the government since the change of government in Nov. 2019. A spokesperson for the BHC said so in response to several questions raised by The Island as regards a recent statement by the UK’s International Ambassador for Human Rights, Rita French, at the Geneva-based United Nations Human Rights Council.
The BHC spokesperson has sent The Island the following response, on Sept 26: “The statement from the Core Group in Geneva, agreed among Canada, Germany, North Macedonia, Montenegro and the UK, reflects recent reporting, discussions and analysis by a range of sources on the operating environment for civil society in Sri Lanka. Concerns have been publically raised and documented about increased harassment, intimidation and surveillance by the High Commissioner for Human Rights and several international NGOs. The UK has regular and wide-ranging conversations on these issues with civil society, as well as the Government of Sri Lanka”.
The UK’s International Ambassador for Human Rights, Rita French, in a statement delivered in Geneva early this week on behalf of Canada, Germany, North Macedonia, Montenegro and the UK alleged that civil society and human rights groups in Sri Lanka experienced an increasingly hostile operating environment.
The statement also quoted Ambassador French as having said: “Instances of intimidation, harassment and surveillance continue, including threats to families of disappeared persons. Individuals are detained indefinitely without appearance before court, such as lawyer Hejaaz Hizbullah.”
The Island
submitted the following questions to the BHC on Sept 18 after Media Minister and cabinet spokesperson Keheliya Rambukwella on Thursday (Sept 17) made reference to the Core Group’s statement. The Island asked the BHC (1) Did the UK receive complaints from civil society as regards intimidation, harassment and surveillance and threats to the families of disappeared persons (2) Did Canadian and German embassies in Colombo inform BHC about complaints received by them from Sri Lanka civil society (3) Did BHC get complaints from lawyer Hejaaz Hizbullah’s family or his lawyers (4) Did BHC take up these issues with Foreign Ministry before Geneva statement and finally (5) Did the UK examine Lord Naseby’s disclosure vis-a-vis 30/1 accountability resolution?
The BHC refrained from commenting on Lord Naseby’s Oct 2017 revelation that challenged the very basis of the Geneva Resolution.
Executive Director of the National Peace Council (NPC) Dr. Jehan Perera on Tuesday (29) told The Island that the group appreciated it was able to continue work without hindrance up to now and “the same is true of most other NGOs we partner but with a greater anxiety of being under surveillance”.
Dr. Perera said so in response to The Island query regarding the post-2019 presidential election working environment. Asked for a detailed response, Dr. Perera has sent us the following statement: “NGOs have been placed under the Defence Ministry which has got more active in the area of civilian administration with the government’s district secretariats also coming under its purview. Our staff reported being questioned by telephone, by unidentified men in civvies and by uniformed personnel including from the army. In our case the questioning has been limited. But in the case of other NGOs it has been more serious. This is the case especially with civil society groups in the north and east. Even in the case of our own programmes in the north and east, we have found that the participants have been questioned after the event. In one case, where we held a workshop on democracy, both a uniformed person and another in civvies had come to the venue to investigate. As the area Grama Niladari was present they had accepted his explanation and left. This type of incident creates a climate of intimidation in which those most vulnerable are the activists at the grassroots level who had been directly working for the wellbeing of their local communities.
There is also a significant increase in reporting requirements. We are expected to report our work in every location to the relevant district secretariat. This has meant that each and every activity we carry out in every part of the country has to be notified to the government officials at the district level to get their sign off. This is a cumbersome procedure as these district level officials ask for further information in an ad hoc way that differs from district to district. The information required should not be unnecessarily burdensome or intrusive as the Sri Lanka constitution guarantees the right to Freedom of Association, which is what civil society is about. Some of our partners have informed us that they have been summoned to Colombo to the police headquarters to be questioned. They have to bring with them their books and other records as they are not sure of what level of investigation they will be subjected to. It would be less intimidating and less effortful if they could be questioned in their own offices, if such questioning is deemed to be necessary. They need to be informed of the law under which they are being questioned.
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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.
