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Belated, but welcome, apology and condemnation

22 Sep 2021

Justice Minister, President’s Counsel (PC) M.U.M. Ali Sabry, yesterday (22), took a firm stand against the alleged incidents involving former Prison Management and Prisoners Rehabilitation State Minister Lohan Ratwatte at the Welikada and Anuradhapura Prisons, and vowed in Parliament to take proper action with regard to those incidents. He asserted that he unequivocally and unconditionally condemns the incidents, adding that they were a disgrace. He also extended an apology to the victims of the said incidents and their family members for the difficulties they may have had to endure. The Justice Minister’s comments are something the citizens have been waiting to hear from the Government since the day the incidents in question were reported, and law abiding, justice seeking citizens will undoubtedly find his comments commendable. This is the first time that the Government has publicly apologised for and condemned the actions attributed to Ratwatte. However, the Government’s response thus far to the incidents involving Ratwatte has not been very promising, and speculation was and is rife that Ratwatte would be able to get away with his alleged actions by merely giving up on one of the State Ministerial portfolios he had been entrusted with, which he has since done. That is the major reason an acknowledgement of responsibility of this nature coming from the country’s Justice Minister, in Parliament, is reassuring to not only the victims of the said incidents, but also to those looking forward to seeing justice done. The Justice Minister further told Parliament that the Criminal Investigations Department (CID) and the Human Rights Commission of Sri Lanka (HRCSL) have already commenced investigations, and that he has written to the National Authority for the Protection of Victims of Crime and Witnesses (NAPVCW) instructing it to take steps to ensure the safety, security, and dignity of the prisoners and inmates. He also acknowledged something the Government seemed to have forgotten, i.e. that those living in prisons are essentially under the custody of the Government and that the Government has a responsibility to ensure their safety. However, a lot more needs to be done to see some tangible results. As much as the Justice Minister’s words were quite enough to spark some hope in the people, Sri Lankans would not be unreasonable in waiting to see concrete action from the Government before actually believing the promises and investigations with regard to the incidents in question, because Sri Lankans have seen too many promises that were never fulfilled. We cannot also forget that the Justice Minister made the above statements at a time when the country is holding discussions with the United Nations Human Rights Council (UNHRC), which have raised serious concerns about the state of human rights in Sri Lanka, the rule of law, and accountability on the part of the Government. As a matter of fact, prisoners/detainees, especially those arrested and/or charged under the infamous Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended, as well as ethnic minority communities, are two of the groups regarding whom concerns have been raised at international forums including the UNHRC. Ironically, those who were allegedly threatened by Ratwatte were also from the same two groups. The country can only hope that the Justice Minister’s comments were honest, and that they were not just another hollow statement intended to show to the country and the international community that Sri Lanka’s human rights situation is not as deteriorated as claimed by human rights groups. Also, the Justice Minister’s reassurance should extend to all prisoners, and extend beyond incidents that attract public attention and cause opposition against the Government. The truth is, mistreatment and neglect within prisons are not at all new issues and there are countless reports in that connection; but most of them do not get the same attention, as they take place behind closed doors, with no information being reported about who was involved. After all, actions are what can restore faith in the rule of law, not words, and the Justice Minister’s apology would be complete only if he ensures proper investigations and proper actions.


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