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Petition to HRCSL about non-arrest of 9 May instigators

31 Aug 2022

BY Dinitha Rathnayake    Members of the clergy, civil activists, and trade unions (TUs) handed over a petition to the Human Rights Commission of Sri Lanka (HRCSL) yesterday (30) over the failure of law enforcement authorities to apprehend and prosecute those responsible for the violence against protestors on 9 May and the misuse of the provisions of the Prevention of Terrorism (Temporary Provisions) Act as amended (PTA) to arrest and detain persons who have been involved in anti-Government protests. Speaking to The Morning, Mahajana Sabha (People’s Council) coalition representative Ravi Kumudesh claimed that President Ranil Wickremesinghe has to stop “being egoistic” amidst the current crisis, and also immediately stop tarnishing the country’s international reputation. The said petition was handed over to the HRCSL with the participation of Buddhist monks Ven. Dr. Omalpe Sobitha Thera and Ven. Prof. Agalakada Sirisumana Thera, Catholic priest Fr. Anura Perera, Hindu priest Kurukkal Shiva Sharma, Muslim clergyman Moulavi Aram Noormith, and civil and trade union activists. According to the petition, the Mahajana Sabha, as the apex body representing many stakeholders of the society, is concerned about many incidents that have taken place in the country where there has been prima facie evidence of a violation of the Fundamental Rights (FRs) of those aggrieved, either as a result of inaction on the part of the law enforcement authorities or by the misuse of the law to stifle peaceful protest and dissent. The Mahajana Sabha is particularly concerned about the failure of the law enforcement authorities thus far to effectively and efficiently apprehend and prosecute the instigators as well as the perpetrators of the violence unleashed on peaceful protestors on 9 May in the vicinity of the Temple Trees in Kollupitiya and thereafter at the Galle Face, and the misuse of the provisions of the PTA to arrest and detain persons who have been involved in protests against the Government. The petition says that in this respect, it is pertinent that in a media release dated 19 August, the Police has stated that certain suspects are being detained in relation to incidents which occurred during the protests from 9 April, and that thereafter, 90-day Detention Orders have been issued, signed by the President in his capacity as the Minister of Defence, detaining three protestors under Section 9 of the PTA. It is the common view that the PTA is a draconian piece of legislation, which gives wide powers to the Executive to arrest and detain persons for a lengthy period of time. The Bar Association of Sri Lanka (BASL), in its statement issued on 23 August, has already set out the grave dangers in utilising the PTA to detain protestors, not only from the point of view of the said persons, but also the repercussions that would be faced by the country before the international community due to the same. The BASL stated: “It cannot be denied that the provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence of terrorist activity.” It is in these circumstances that the Mahajana Sabha called upon the HRCSL to investigate the infringement of the FRs that took place with the unleashing of State-sponsored and condoned violence on peaceful protestors on 9 May; to investigate the infringement of the FRs of the Inter-University Students’ Federation Convener Wasantha Mudalige, university student activist Hashan Jeewantha, and Inter University Bhikkhu Federation Convenor Ven. Galwewa Siridhamma Thera, who have now been detained under 90-day Detention Orders under the PTA and to take necessary measures, including to make recommendations to the relevant stakeholders including the President and Inspector General of Police (IGP) Chandana D. Wickramaratne to refrain from using the PTA in the aforesaid manner, and to immediately rescind the Detention Orders that have been issued; and recommending to the appropriate authorities that persons who infringed the FRs of the peaceful protestors on 9 May be prosecuted, and/or to refer the said matter to a court of competent jurisdiction for due prosecution.


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