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Opposition mounts to ‘victimisation’ resolution 

20 Apr 2021

  • Executive attempting to undermine Judiciary: CPA 

  • JVP discussing further action 

  • BASL to oppose any withdrawal of ongoing cases 

  A section of the civil society, responding to a resolution submitted by Prime Minister Mahinda Rajapaksa seeking to implement recommendations of the report of the Presidential Commission of Inquiry (PCoI) into alleged acts of political victimisation during the tenure of the United National Front (UNF)-led Government, stated that this is the latest attempt by the Executive to undermine the work of the Judiciary.  The Centre for Policy Alternatives (CPA) released a statement yesterday (19) on the resolution submitted by Premier Rajapaksa on 9 April, which had sought to implement the decisions and recommendations made by the aforementioned PCoI, including the withdrawal of ongoing criminal cases.  “This is the latest attempt by the Executive to undermine the work of the Judiciary and this must be robustly countered to ensure that each arm of Government is able to work independently. This action would open the door to politically motivated action against investigators and prosecutors for carrying out their duties and would result in a climate of fear and paralysis among investigators and prosecutors, stifling all current and future investigations involving persons of political influence,” said the statement by the CPA.  The PCoI, led by Supreme Court (SC) Judge (Retd.) Justice Upali Abeyratne, was appointed early last year to inquire into alleged acts of political victimisation that took place in the wake of investigations conducted by the Commission to Investigate into Allegations of Bribery or Corruption, the Financial Crimes Investigation Division, the Criminal Investigations Department, and the Special Investigation Unit of the Police from 8 January 2015 to 16 November 2019.  The Janatha Vimukthi Peramuna (JVP) raised concerns regarding the resolution last week in a press conference.  “The implementation means that alleged criminals would be released from their trials. Is that what two thirds of this country voted for? By this resolution, Minister Udaya Gammanpila’s Court case on his alleged corruption would be withdrawn. He could just raise his hand in Parliament and vote for that. Is that correct?” questioned JVP Leader and Parliamentarian Anura Kumara Dissanayake.  Speaking to The Morning yesterday, JVP Politburo Member Wasantha Samarasinghe said that further action regarding this matter was being deliberated within the Party.  “We requested a debate on the report. Instead, a resolution was tabled,” added Samarasinghe.  However, it was announced that the adjournment motion debate on the report of the PCoI would take place on 22 and 23 April. This decision had been made at the party leaders meeting held yesterday.  Meanwhile, the Bar Association of Sri Lanka (BASL) in a statement on 17 April said that it was deeply concerned about the recommendations of the CoI to withdraw ongoing criminal cases.  “The BASL will firmly resist any attempt to use the said motion to withdraw any criminal action pending before a Court of law,” the statement further said.  The Commission has not made its report public, a fact which the BASL has raised concerns about since “the contents of the report may undermine the rule of law in this country, impair the independence of the Judiciary, and erode the impartial and efficient functioning of the Attorney General’s Department”.  According to news reports, the Commission has recommended that criminal cases pertaining to investigations into the editor Lasantha Wickrematunge’s murder, the murder of 11 Tamil men allegedly by the Navy, the Welikada Prison massacre, and alleged money laundering by one of Prime Minister Rajapaksa’s sons – Yoshitha Rajapaksa – among many others, be withdrawn.


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