Lawyer draws judge Marasinghe’s attention to deaths in custody

HRC issues instructions to police on PTA cases

By Shamindra Ferdinando

The Human Rights Commission (HRC) has issued specific instructions to police headquarters as regards those already in custody under the Prevention of Terrorism Act (PTA) and new arrests.

The heads of the Criminal Investigations Department (CID), Terrorist Investigation Division (TID) and the Police Legal Division have been advised to brief the HRC immediately on the change of status of PTA suspects, as well as new arrests.

Authoritative sources said that instructions had been issued at a meeting summoned by the newly appointed HRC Chairperson Justice (Retired) Rohini Marasinghe last Wednesday (29) at the HRC.

HRC Commissioner Dr. Vijitha Nanayakkara participated online whereas the other members, Chairperson Marasinghe, Ven. Kalupahana Piyarathana Thero, Dr. M.H. Nimal Karunasiri and Ms. Anusuya Shanmuganathan attended the meeting. Sources said that the HRC had stressed the pivotal importance of keeping the outfit fully informed of developments relating to PTA cases.

President Gotabaya Rajapaksa has recently appointed Ven. Kalupahana Piyarathana Thero, Sri Lankan Collective for Consensus (SLCC), to the HRC. Sources said that the SLCC had held discussions with the government over the post-war reconciliation process and the PTA remained high on the group’s agenda. Ven. Priyarathana replaced another civil society activist Harsha Kumara Navaratne, who recently received appointment as High Commissioner in Canada.

The HRC has also asked the head of the Colombo Crime Division (CCD) to be present at discussions pertaining to PTA cases. Sources said that though the CCD had made representations to the HRC last week, the Commissioners were keen to meet the head of the outfit himself.

A spokesperson for the HRC told The Island that over 12 years after the conclusion of the war, the PTA had remained one of the most contentious issues with the UN, the European Union as well as several powerful countries repeatedly taking it up.

Sri Lanka was under pressure to do away with the PTA or introduce amendments ‘to make it conform to international standards’, the official said. Referring to work undertaken by successive governments in this regard, the official said that the HRC intended to maintain a closer watch on law enforcement outfits.

Several hundred persons are currently detained under PTA. Most of them are believed to be persons taken into custody in connection with the ongoing investigations into Easter Sunday attacks (2019).

Prominent civil society activists who haven’t joined the SLCC initiative say the government owes an explanation on how it intends to reform the PTA. One-time HRC member, Ambika Satkunanathan, in a recent statement sent to The Island on behalf of a large grouping of civil society members and organisations strongly criticised the way the government handled the issue. The grouping alleged that the government proposals shared with the SLCC did not address even ten basic shortcomings of the PTA. Calling for greater transparency in the process, the group has warned that national security couldn’t be achieved by causing insecurity among sections of the population. The group has reiterated its call for repealing the PTA.

The group has said: “The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities. These entities should not be bestowed with additional power.”

Appreciating the HRC focus on PTA cases, lawyer Senaka Perera said that urgent review of security of those in police and judicial custody was necessary. Senaka Perera emphasized that the new HRC head should inquire into deaths in police custody since the change of government in Nov 2019. Responding to another query, the lawyer said that deaths in custody ceased during the 2015-2019 period but resumed after the last presidential election.

The rights activist said that he intended to seek a meeting with the HRC soon to discuss the issues at hand. “Death of handcuffed persons cannot be accepted under any circumstances,” lawyer said, faulting the police headquarters as well as the Public Security Ministry over continuing killings in custody. Referring to the statements issued by the HRC during tenure of Dr. Jagath Balasuriya as the Chairperson of the outfit as regards deaths in custody, attorney-at-law Perera said that the HRC failed to take tangible measures. Those bent on subverting the law wouldn’t give up their strategy simply because the HRC issued a statement or called for explanation from police headquarters. The lawyer said that he hoped the new HRC head would take remedial measures.