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Wimal accuses UN of playing politics

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By Shamindra Ferdinando

National Freedom Front (NFF) leader Wimal Weerawansa, MP, yesterday (15) accused the UN of playing politics with the controversy over the cremation of all those who died of COVID-19.

Minister Weerawansa said so when The Island sought his opinion on the UN recently requesting Prime Minister Mahinda Rajapaksa to do away with the existing restrictions.

Minister Weerawansa emphasised that there couldn’t be justification whatsoever in UN intervention as the situation took a turn for the worse over the past several days.

With the death toll now beyond 50 and positive cases over 16,000 the country couldn’t risk a further deterioration, lawmaker Weerawansa said. Responding to another query, Minister Weerawansa pointed out that UN Resident Coordinator in Colombo Ms Hanaa Singer wouldn’t have intervened without consulting New York.

The NFF leader said that Ms. Singer copied her Nov 12 dated missive to Health Minister Pavitra Wanniarachchi, Justice Minister Ali Sabry, PC, and Foreign Minister Dinesh Gunawardena. Minister Weerawansa questioned the UN’s assertion that ‘negative consequences of not allowing burials seem to outweigh any potential epidemiological benefit, the country has gained.’

The NFF has six MPs among 145-member SLPP parliamentary group.

“I fear that not allowing burials is having a negative effect on social cohesion and, more importantly, could also adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact,” Ms Singer said, claiming that she intervened in this matter after receiving many appeals within and outside the Muslim community that the current policy is discriminatory.

Minister Weerawansa compared the UN Resident Coordinator’s claim of having received ‘impassioned appeals’ with moving Geneva resolution on the basis of unverified war crimes accusations. If the UN was so concerned wouldn’t it better for them to make inquiries instead of releasing letters to the public, Minister Weerawansa asked.

Minister Weerawansa alleged that the UN had conveniently forgotten the restrictions affected all communities regardless of faith. Unfortunately, the UN raised the issue with Premier Rajapaksa as if restrictions only affected the Muslim community. The NFF leader said that many an eyebrow was raised recently over the UK condemning the arrest of 2019 Easter Sunday attack suspect, lawyer Hejaaz Hizbullah. Minister Weerawansa said that the contentious issue has been raised at the Geneva-based United Nations Human Rights Council (UNHRC), while the matter was pending before the country’s highest court.

The Cabinet also discussed the British government criticism of Sri Lanka’s withdrawal from the 30/1 accountability resolution and current human rights situation in Sri Lanka et al.

The UK’s International Ambassador for Human Rights, Rita French, in a statement delivered 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 difficult operating environment.

A British statement 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.”

Minister Weerawansa said that unless the government successfully countered the latest UN move, Sri Lanka’s corona health guidelines, too, could end up a subject matter in Geneva.

Asked whether the cabinet of ministers discussed the Ms Singer’s letter, Minister Weerawansa said that

Premier Rajapaksa’s Office received the letter after last week’s cabinet meeting.

Minister Weerawansa reiterated that the cabinet could discuss anything though decision on health guidelines was certainly not the prerogative of the cabinet.

“We are in such a crisis, no sane political leadership will pursue political agenda at the expense of the well-being of the country,” lawmaker Weerawansa said.

Minister explained that the UN’s intervention should be examined against the backdrop of the global health community yet to reach conclusive decisions on rampaging coronavirus. The bottom line is that in the absence of consensus on how to tackle the epidemic, Sri Lanka shouldn’t under any circumstances adopt measures that could endanger the overall response to the unprecedented viral threat.

Minister Weerawansa emphasized that the discussion pertaining to the possibility of burying bodies in some isolated spot was absurd. “The health administration, security forces and the police are working overtime, under extremely difficult conditions to bring the situation under control while a section of the population demanded burial rights. This is not fair.”

Minister Weerawansa said that with some parts of the highly populated Colombo district under severe threat with the majority of deaths being reported there, the government would have to further tighten counter measures instead of appeasing opportunists.

The outspoken Minister called for an inquiry into recent claim by the Ceylon Thowheed Jamaat that the government authorized burials as it was denied. Colombo District MP attorney-at-law Premanath C. Dolawatte recently lodged a complaint with the CID in that regard. Claiming that President Gotabaya Rajapaksa never promised to do away with cremation of all corona victims lawmaker Dolawatte requested an inquiry

Minister Weerawansa said that in the wake of UN the intervention, various other international groupings such as the EU, too, could issue statements in that regard. Asked whether he felt a section of the international community adopted a policy hostile towards post-war Sri Lanka, lawmaker Weerawansa alleged those who couldn’t stomach eradication of the LTTE were still campaigning against the country. The return of the war winning administration to power was a headache for some, the minister alleged.

Minister Weerawansa emphasized the pivotal importance of the government addressing this issue in one voice without conceding to what he called politics of religious extremism.

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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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