The recent arrest of former Colombo Deputy Mayor Azath Salley under the Prevention of Terrorism Act (PTA) sent shockwaves in the political arena reminding most people of the prevalent uneasy environment in the country during and after the war.

The government had removed the emergency regulations after the war, but the PTA remained in force as the government claims that the LTTE once again may attempt to raise its head.

However opposition political parties, civil society and human rights groups feel that it is now needless to keep PTA in force and are demanding that it be repealed.

The National Peace Council says the PTA is itself not the issue but the abuse of its powers by the authorities is where the problem arises.

Speaking to The Sunday Leader Executive Director of the National Peace Council, Dr. Jehan Perera said that many democratic countries have equivalents of the PTA including the US, the UK and India.

He says even though international human rights organisations have criticised these laws saying they can lead to human rights violations, the anti-terrorism laws still remain in many countries.

However, he says the US, the UK and India have strong systems of checks and balances. They have independent institutions of partisan political control. They have independent police, public services and judiciaries. Even their heads of governments would hesitate to try and interfere with them.

“In Sri Lanka, however, the situation is entirely different. Over the past few decades, ruling politicians have humbled our once independent institutions to which the best of our educated people aspired to join. The repeal of the 17th amendment that sought to improve the independence and integrity of the most important institutions of state has been an enormous tragedy. There is a general feeling that every important event is dictated by politics, and not by merit or legal right,” he said.

Dr. Perera says in these circumstances, laws such as the PTA are prone to be abused. There is no effective check on the government’s discretion to do as it pleases. He notes that the sudden arrest of Azath Salley under the PTA and his equally sudden release on president’s orders show how the laws can be abused.

“Therefore, in the absence of a system of checks and balances, and institutions that are free from the whims and fancies of the ruling politicians, I would advocate the repeal of the PTA,” he said.

His views are shared by a well known think-tank and advocacy group, the Centre for Policy Alternatives (CPA).
The CPA is deeply concerned about the use of the PTA when the Government’s own National Human Rights Action Plan (NHRAP) in 2011, pledged to review its application and amend provisions to conform with human rights norms within a period of one year.

It also notes that a number of emergency regulations that would have lapsed when the state of emergency was terminated have been continued in force by the convenient expedient of re-promulgation under the PTA, illustrating how emergency measures can be continued in perpetuity without the need for the declaration of a formal state of emergency, and the attendant checks and balances that follow such a declaration.

“CPA has consistently maintained that the PTA in its current form has no place in a democratic society. CPA strongly reiterates this call in the present context in which the terrorist threat against which the PTA was officially justified for three decades has now been eliminated,” the CPA said in a statement. It is the view of the CPA that the provisions of the PTA fly in the face of almost every conceivable human rights norm pertaining to the liberty of the person, including most prominently, detention without charge for extended periods of time at irregular places of detention, the broad denial of detainees’ rights, admissibility of confessions in judicial proceedings subject only to the most tenuous of safeguards, the shifting of the evidential burden of proof to the defendant, and disproportionate penalties.

“The unchecked detention powers, special trial procedures and absence of meaningful judicial review in the PTA facilitate arbitrary and capricious official conduct, including torture. The PTA also makes serious incursions into the freedom of expression and the media by requiring in certain circumstances governmental approval for printing, publishing and distributing publications and newspapers,” CPA said.

With the government however saying it cannot and will not repeal the PTA now, the London based Amnesty International has written to the UN Human Rights Council (UNHRC) highlighting its concerns over the issue.

UNHRC is meeting next week for its 23rd session and Amnesty International has in a letter to the Council ahead of its meeting, alleged that the Government of Sri Lanka continues to employ the Prevention of Terrorism Act (PTA) to detain critics.
Amnesty says the PTA restricts freedom of expression and association, permits extended administrative detention, and reverses the burden of proof where torture or other ill-treatment of detainees is alleged.

“HRC Resolution 19/2 of 2012 called on Sri Lanka to ensure accountability for alleged violations under international law; Resolution 22/1 of 2013 reiterated this call and expressed concern over reports of continuing violations of human rights. It noted the call of UN High Commissioner for Human Rights for an “independent and credible international investigation into alleged violations of international human rights law and international humanitarian law” in Sri Lanka.

Amnesty International believes international action to secure accountability in Sri Lanka remains essential,” the letter said.
Amnesty International feels the Sri Lankan government’s alleged “intolerance of criticism” combined with an ‘unwillingness’ to rein in its supporters who use violence against their political opponents, threatens to unravel the rule of law in Sri Lanka.
“As long as impunity reigns, and dissent is stifled, the Sri Lankan government’s promises of reconciliation following the conflict are empty,” Amnesty International said.

During Sri Lanka’s Universal Periodic Reviews in 2008 and 2012, in reporting to the UN Committee against Torture and the UN Working Group on Enforced or Involuntary Disappearances, and in addressing the Human Rights Council (HRC), the government had claimed to protect human rights.

Sri Lanka’s public health care service that is intended to benefit many, especially the poor, is plagued with corruption and malpractices. While the government and higher officials at the Health Ministry are allegedly making money from the Health Ministry budgetary allocations, those who go to government hospitals seeking free health services face difficulties as they have to buy their medicines from private pharmacies as a result of an acute medicinal drug and medical supplies shortage in government hospitals in the country. Although sources in all main hospitals on the island including the Colombo National Hospital, Colombo South Teaching Hospital Kalubowila, Kandy General Hospital, Peradeniya Teaching Hospital, Kurunegala General Hospital, Cancer Institute Maharagama, Karapitiya Teaching Hospital, Matara General Hospital and Anuradhapura General Hospital confirmed to The Sunday Leader that there has been a severe drug and medicinal supplies shortage over the past few months. However, Director Medical Supply Division (MSD) of the Health Ministry Dr Kamal Jayasinghe claims otherwise.

Secretary to the President Lalith Weeratunge’s letter to Health Secretary Dr T. R. C. Ruberu requesting to take diciplinary action against Dr Ajith Mendis and The letter sent to Secretary to the President Lalith Weeratunge by the presidential investigation unit informing Dr Ajith Mendis’ frauds

According to Dr Jayasinghe, there is no drug shortage in the country but only a fake drug shortage that has been created by the media to put the government in difficulty. Health service trade unions accused the government for the continuous drug shortage in the country which they said was a direct consequence of not implementing the Senaka Bibile Drug Policy. Prof. Bibile played a leading role in developing a rational pharmaceutical policy aimed at ensuring that impoverished people would get quality drugs at a low price. A careful selection of drugs was an essential component of the policies he advocated. Since there were allegations that pharmaceutical companies in the country made considerable profits by selling drugs under their trade name, Prof. Bibile investigated the issue and recommended the establishment of a national policy and a state body to regularize the trade. He became the founder Chairman of the State Pharmaceuticals Corporation (SPC). The SPC then channelled all imports of pharmaceuticals, calling for worldwide bulk tenders which were limited to the approved drugs listed in the national formulary. The public and private health sectors obtained all their requirements from the SPC. Hence the drug trade was regulated by this body and drug sellers were forced to compete with each other.

“Who says that there is a drug shortage in hospitals when there are adequate stocks,” - Health Ministry When The Sunday Leader contacted Media Officer W. Wanninayake since Minister Sirisena was not contactable, he too said that there is no shortage of medicines in the country. “Who says that there is a drug shortage in hospitals when there are adequate stocks,” said Wanninayake. However Wanninayake did not wish to answer any question posed at him with regard to the malpractice and corruption taking place in the Health Ministry but said that he was unaware of any allegations against any one at the ministry for alleged corruption or malpractice. When asked what was meant by the Health Minister last week in his reference to the mafia, Wanninayake said that he could not make any comment about it and suggested that we speak to the Minister. With regard to the Health Ministry’s failure to take action against the former DG Dr Ajith Mendis as instructed by the Presidential Investigation Unit, Wanninayake said that there was no such allegation levelled against Dr Mendis. “Who said that there is such a directive from the Presidential Investigation Unit? As far as I know there is no such directive,” said Wanninayake.

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“If the Minister knows that there is such a mafia, why cannot he take any action against them?” - Chairman Healt Services Trade Union Alliance

In run up to the 2005 presidential election, Mahinda Rajapaksa in his election manifesto- Mahinda Chinthanaya promised to implement the much needed Senaka Bibile Drug Policy to put a complete stop to the drug shortage and inflow of sub-standard drugs to the country. Nimal Siripala De Silva too gave the same assurance when he became the Health Minister. All became mere promises to words as none of them wanted to implement this as it would affect their stooges who were engaged in medicinal drug supply to the country. Had the drug policy been implemented, these politicians and their stooges would not have benefited,” said Chairman Health Services Trade Union Alliance (HSTUA) Saman Ratnapriya. According to Ratnapriya, it has now emerged that a sizeable amount of public funds allocated to the country’s health sector ends up in the pockets of certain ‘big wigs’ within the administrative setup. “For 2013, the government allocated Rs 125 billion to the health sector out of which only Rs 16 billion was allocated for drugs and other medicinal supplies which was not enough at all. However 30% of this amount too was lost due to corruption. Although we have brought to the notice of the government and the Health Minister that the main reason behind this drug shortage is corruption and malpractices with authentic documents, instead of taking action against the higher officials who earned millions of rupees through shoddy deals only the lower ranking employees who helped to expose the fraud have been transferred to cover up the mater,” alleged Ratnapriya. He further said that although there is plenty of evidence about these shoddy deals and the names of those involved have been exposed, nothing has been done to take action against them. “When the Presidential Investigation Unit wanted the Health Ministry to take disciplinary action against the then Director General of Health Services Dr Ajith Mendis for alleged fraud, the Health Ministry did not take any action but allowed him to go on retirement last August,” said Ratnapriya. According to Ratnapriya, the Health Ministry loses a considerable amount of its allocation for local purchases. “When the Ministry can place orders for medicine and other supplies in advance without waiting till the stocks are over, they prefer to go for local purchases as these Ministry officials too can manipulate the prices. This was what happened when the Medical Supplies Division purchased surgical gloves at a cost of Rs 45 per pair when they could have been purchased for between Rs 20-25 through the tender procedure. The same gloves have been purchased for Rs 67 by the National Hospital. It was the same with examination gloves. When a pair of examination gloves could have been bought for Rs 2.50 through local purchase they have been bought at a rate of Rs 7.68 to 7.80. This shows as to how certain Health Ministry officials and local suppliers have robbed our own money to the tune of over Rs 1 billion on this shoddy deal alone,” alleged Ratnapriya. He further said that action has not been taken against the company that supplied the Cloxaciline vials which contained glass particles in one injection at Kalubowila Hospital. “Although the Cloxaciline vials were withdrawn from the Kalubowila hospital, they were not withdrawn from any other hospital. It has now been revealed that although Cloxaciline is purchased at a cost of Rs 8.78 per vial through tenders, this particular batch of vials have been purchased locally at a cost of Rs 30.38 per vial. The loss to the country through this deal was Rs 25.3 million,” added Ratnapriya. He further queried as to why Health Minister Maithripala Sirisena is not taking any action against his (Sirisena) own officials for engaging in fraudulent drug and surgical instrument purchase deals but only stating that there is a drug mafia in the country. “The Minister recently said that there is a drug mafia in the country. If the minister knows that there is such a mafia, why can’t he take any action against them? He is the Health Minister who has all powers. It was during his tenure as Health Minister that the Presidential Investigation Unit wanted the Health Ministry to take disciplinary action against Dr. Ajith Mendis for misusing public money which ran into billions of rupees. Why didn’t the Minister take action against Dr Mendis? Why can’t the minister implement the much needed Senaka Bibile Drug Policy which has no room for illegal drug purchase which has now become a curse,” added Ratnapriya.

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“Very rarely there would be a drug shortage but it is not bad as the way the media highlighted,”  - Director Medical Supplies Division

While refuting that there is a drug shortage in the country, Dr Kamal Jayasinghe said that out of the 21, 000 medical supplies only 5 or 6 items goes out of stock and that too rarely. “Very rarely would there be a drug shortage but it is not bad as the way the media highlighted. Regularly we have review meetings with Ministry officials and the SPC to discuss the availability of drugs and other medical supplies in the country,” said Dr Jayasinghe. When asked as to why the Health Ministry is very keen in going for local purchases without following tender procedure which costs the Ministry dearly, Dr Jayasinghe said that there is no other option for him than going for local purchase if the supplier has failed to supply the items regularly. Asked as to why the drugs that are imported are not tested for quality and as a result the inflows of substandard drugs have become uncontrollable, Dr Mendis said that it is up to the SPC to follow the criteria. “I am responsible in selecting the necessary drugs, estimating, placing orders with SPC and ensuring the medicine is stored according to the proper standard. I also monitor the drug shortages and if so have discussions with the SPC and Ministry officials and rectify the situation. In an emergency I have to purchase the necessary drugs or any other medical supplies locally,” said Dr Jayasinghe. Dr Jayasinghe meanwhile said that he does not know why the companies that have supplied substandard drugs have not been blacklisted. He said we would have to ask the SPC as it is their responsibility and not the MSD’s.

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“The Ministry officials allow their friends to supply drugs and get a good commission” - General Secretary of All Ceylon Health Services Union

Meanwhile, General Secretary of All Ceylon Health Services Union Gamini Kumarasinghe said that the drug shortage has become a serious issue now and added that under the present government this has become a regular problem. “Although the government boasts that Rs 125 billion has been allocated for the country’s health sector we wish to know as to where these monies have gone. The Treasury does not release the required money to purchase the medicine. As a result the Health Ministry has not paid the drug companies their dues which has resulted in stopping the supply of medicines. Kumarasinghe accused the government of not implementing Senaka Bibile Drug Policy as the budgetary allocations have gone in vain as there is no drug policy in the country. “The Ministry officials allow their friends to supply drugs and get a good commission. Even if these companies are found guilty for importing substandard drugs they are not blacklisted,” said Kumarasinghe. He further queried as to how the 21 complaints that have been lodged against former Director General Dr Ajith Mendis at the Bribery Commission has ignored. “Even the Presidential Investigation Unit has found out that Dr Mendis is guilty but it is surprising why the Bribery Commission with all the documents provided has failed to initiate any investigation. If these complaints were lodged against a person without any political clout, by this time investigations would have been initiated,” added Kumarasinghe

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Unless the drug policy is implemented the irregularities that takes place in the drug purchasing process cannot be revived  - Chairman SPC

Prof. Lal Jayaratne is of the view that in the absence of a drug policy in the country, the prevailing drug mafia cannot be stopped. “The drug policy has to be presented to parliament and approval obtained for implementation if we need to stop the inflow of substandard drugs to the country,” said Prof. Jayaratne. According to him it is the multinational drug companies that control the drug mafia in the country by influencing the higher officials. Speaking on the blacklisting of drug suppliers, Prof. Jayaratne said that unless investigations prove that a particular company has supplied substandard drugs on a few occasions, there is no system to blacklist a company that had a good past record. “If we start to blacklist all the companies that supply substandard drugs on each and every occasion, then there would be no companies for us to purchase medicine. However we have blacklisted many drug companies. Although allegations have been levelled against us for being biased we have taken the right decision at the right time,” said Prof. Jayaratne. When asked as to why there is an acute drug shortage in the country, Prof. Jayaratne said that it was due to many reasons – from quality failure to storage problems. “There is no acute drug shortage at present as the situation is far better than when compared to a decade ago. With regard to the failure to quality check the medicine that enters the country, unless we improve the capacity of NDQAL we cannot quality check all the medicine that comes to Sri Lanka. This is not good and that is why we are getting more and more substandard drugs,” said Prof. Jayaratne.

The chart shows the price difference of some of the medicines sold under generic and brand names

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“Knowing the loopholes, India keeps on sending substandard, quality failed drugs to Sri Lanka,”  - National Organizer of the Prof. Senaka Bibile Commemorative Association

National Organizer of the Prof. Senaka Bibile Commemorative Association Dr Jayantha Bandara said that the long delay in implementing the Senaka Bibile Drug Policy was due to the actions of persons with vested interests. Dr Bandara accused the government for its failure to implement the Senaka Bibile Drug Policy though many assurances had been given by Ministers Nimal Siripala de Silva and Maithripala Sirisena since 2005. “The delay is to please their stooges. If the Senaka Bibile Drug Policy is implemented, drugs and other medical supplies cannot be purchased according to the whims and fancies of those who are near and dear to these politicians,” said Dr Bandara. According to him, all attempts to get the Drug Policy Bill passed in parliament over the years in order to ensure quality medicines for the people was hampered due to the ulterior motives of multinational drug companies. “The government is not concerned with providing quality medicine to its people as the ‘big wigs’ are bribed by multinational drug companies. The Health Ministry dances to the tunes of these drug companies without providing the people a value oriented health service. When the Health Ministry blacklisted eight Indian drug companies in 2011 for supplying substandard drugs, the Indian government got the blacklisting withdrawn immediately. As a result the Health Ministry still purchases substandard, quality failed drugs from these companies,” said Dr Bandara. He noted that multinational drug companies have openly stated that they do not need the Senaka Bibile drug policy implemented but only a national drug policy knowing that in the event the Senaka Bibile drug policy is implemented, there are no loopholes to import quality failed substandard drugs especially from Tamil Nadu. He further noted that this policy was supported by the World Health Organization (WHO) and other UN agencies with enormous benefit to third world countries and this is now being followed by over 100 countries including developed nations. “The advantage would be enormous and people would be able to purchase any kind of drug under its generic name at a fair price. If this policy is implemented the government does not need to spend billions in foreign exchange to import a number of essential drugs, but only a few hundred varieties of drugs. Fixed prices for drugs with quality assurance would come into the market instead of substandard and quality failed drugs,” added Dr Bandara. Meanwhile, Dr Bandara challenged the Health Minister to take action against the officers who have misplaced the government draft National Medicinal Drug Policy (NMDP). “According to Minister Sirisena the draft copy of the NMDP has been sent to the Legal Draftsmen’s Department where it has gone missing. If the draft has gone missing why can’t they send another copy? Why can’t the Health Ministry request the Legal Draftsmen’s Department to take action against the officers who are responsible for the document?” said Dr Bandara. Dr Bandara further explained as to how the drug prices are different when they are sold under brand names instead of the generic name. “When our own State Pharmaceuticals Manufacturing Corporation (SPMC) has the capacity and the knowledge to manufacture most of the drugs that we need with the best quality assurance, the Health Ministry instead of supplying raw materials to them, keep on importing medicines which are commonly sub standard. When I made a field visit to the SPC and some leading drug stores in and around the General Hospital I found out there is a big price difference between the SPMC drugs which are sold under their generic name and the drugs that are sold under brand names. When doctors prescribe these brand names the patients have no choice but to pay higher prices,” said Dr Bandara. According to Dr. Bandara, the Medical Supply and Technology Division of the Health Ministry is the Drug Authority which has the National Drug Quality Assurance Laboratory (NDQAL) that can check the quality of all drugs that are imported. “The SPC Chairman clearly states that 90% of the required drugs are imported from India and have no quality assurance since we have no facilities to check the quality of these medicines. The NDQAL’s role should be to check the sample from the manufacturer to give approval to import the medicine and then to carry out a random check before the stock is shipped. Once the stocks are brought to the country another random check has to be done before they are distributed and to check once again if there are any complaints from the public. Other than carrying out tests to see the quality of the medicine if there are complaints from the public, the other procedures are not carried out. Knowing these loopholes India keeps on sending substandard quality failed drugs to Sri Lanka ,” said Dr Bandara.

By Mandana Ismail Abeywickrema 

The working masses last week drew battle lines with the government in demanding a withdrawal of the increase in electricity tariffs and are now moving towards a day of protests on Tuesday (21).

The massive protest march organized by trade unions, opposition political parties and the civil society on the 15th in Colombo saw large crowds congregating, shouting slogans against the government for its failure in addressing the issues faced by the people.

The protest march on the 15th undoubtedly was a warning sign for the government of the increasing public dissention against last month’s electricity tariff hike.

Despite a protest being organized by pro-government elements demanding that the hard won peace be protected on the 15th in response to the protest demanding the withdrawal of electricity tariffs, the momentum gained by the people’s demand eventually prevailed in Fort.

Opposition and UNP Leader Ranil Wickremesinghe said that the struggle would continue on the streets and would only end with a change of government.

Hot on the heels of the protest march on the 15th, the nation wide strike on the 21st is another blow by the people to the government to acknowledge the difficulties of the people and to stop burdening them for the corruption, wastage and irregularities in the administration.

The Coordinating Committee for a Joint Trade Union Alliance last week re-affirmed that the nation-wide strike action called for the 21st would continue since the government has so far failed to respond positively to the demand to withdraw the increased electricity tariffs.
The committee consists of over 600 trade unions including the UNP’s Jathika Sevaka Sangamaya (JSS) and the JVP’s National Trade Union Center (NTUC).

Head of the National Trade Union Center, K. D. Lalkantha in a letter to President Mahinda Rajapaksa on Friday, warned that the strike action on the 21st is the first in a series of actions that would be taken to demand the withdrawal of the electricity tariff hike.

He also included 10 proposals for the President to implement before the 21st if the government did not want any workers’ agitations.

Among the proposals are the withdrawal of the electricity tariff hike, issue a circular stopping the payment of electricity bills of ministers’ houses with public funds, cancel and enter into new agreements with private diesel plant owners, set up essential coal power plants with good machinery and equipment, renovate and increase the capacity of the Sapugaskanda oil refinery, set up a new oil refinery and to stop any plans of privatizing the generation and distribution of electricity.

“The government is now in the habit of organizing protests when protests are organized with dissenting views. It is the same when leaflets are distributed. Let’s see if the government would also organize a strike to counter the strike called by the trade unions as well,” Lalkantha said on Thursday addressing union leaders at the Public Library auditorium.

He said the government has resorted to a mud slinging campaign in response to the people’s demand.

According to Lalkantha, trade unions and organizations from various sectors are continuing to join the 21st action.

Trade unions affiliated to governing party allies, the Communist Party of Sri Lanka and the LSSP have written to the Coordinating Committee that they too would support the strike on the 21st.

Bala Tampoe’s Ceylon Mercantile Union and the Ceylon Federation of Trade Unions have also joined the 21st action.
Meanwhile, the strike action has extended to the Northern and Eastern Provinces as well.

The TNA has also decided to extend its support on the trade union action on the 21st by calling all trade unions in the North and East to participate in the strike.

TNA parliamentarian M. A. Sumanthiran said the working masses in the North and East would also join the strike on the 21st.
He explained that despite the fact that many people in the North and East were still facing many issues including the lack of electricity, the TNA had decided to join the strike since it is now a national issue.

 

Govt Trying To Suppress Workers

Trade unions said on Friday that the government has commenced various action to prevent the workers from resorting to trade union action on the 21st demanding a withdrawal of the increased electricity tariff.

The Coordinating Committee for a Joint Trade Union Alliance alleged that some private sector employers had come under pressure to prevent private sector workers from participating in the agitation.

Committee member Mahinda Jayasinghe said the government’s action to prevent workers from participating in the strike action on the 21st was a violation of the workers’ fundamental and human rights.

He noted that the trade unions condemned the move and called on the people not to be deterred by cowardly actions of administrators.

He explained that several state departments and statutory boards have been sent letters from respective ministry secretaries directing the cancellation of leave of all employees next week.

“We have received letters sent by ministries to some departments and statutory boards asking them to cancel leave of their employees and to ensure that they are present at work on the 21st. The department and board heads have also been asked to take note of any person who is absent from work on the 21s,” Jayasinghe said.

The government has also sent circulars to various schools directing the school principals to call on the teachers to sign the register on three different occasions during school time on the 21st to ensure that all teachers are present at work, he said.

Jayasinghe added that schools in the Southern Province have been asked to hold the Vesak sil observation programme in schools that was initially organized on the 23rd, on the 21st instead.

“These are just a few incidents that have taken place and they will increase by the 21st. These are cowardly acts of a government that has got scared of the people and their rights,” Jayasinghe said.
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A Unique Protest Campaign

The Coordinating Committee for a Joint Trade Union Alliance says that the agitation campaign on the 21st would go beyond a nation wide strike action limited to the public, private and estate sector workers.

Committee member and head of the Inter Company Employees’ Union (ICEU), Wasantha Samarasinghe said that the general public could also join in the protest campaign.

He explained that people could put up black flags in their homes and offices to express their protest against the electricity tariff hike.

He further noted that bus operators, three wheeler drivers could stay away from the road, farmers could not take their produce to the economic centers, shops and boutiques could close shop for even a few hours and people could not make any purchases on that day as a mark of protest.

“This is a unique campaign where people could participate even from their homes,” Samarasinghe said, adding that it is all about commitment to a cause and making a sacrifice.

The Committee had decided on extending the campaign from a strike limited to the working masses to a more inclusive form since a strike action would limit people from participating in a national struggle.
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Uni Lecturers To Boycott Lectures

The Federation of University Lecturers Association (FUTA) announced that university lecturers would boycott lectures on the 21st to support the agitation campaign on the 21st.

President of FUTA, Dr Nirmal Ranjith Devasiri said that the executive committee of the federation had reached the decision following discussion on how to support the protest campaign on the 21st.

He observed that the FUTA also participated in the protest march on the 15th and has decided to extend its fullest support to the continuous agitation campaign demanding the withdrawal of the increased electricity tariffs.

“The government, instead of addressing the economic issues properly and putting a stop to the wastage of public funds, has burdened the people with high tariffs,” Dr Devasiri said.

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FTZ Workers To Strike

Workers in the free trade zones (FTZs) are to join the trade union action on the 21st.

Head of the FTZ and General Workers’ Union, Anton Marcus said that while there were about 40,000 workers who participated in the protest campaign against the private sector pension scheme two years ago, there would be an increased participation in the strike action called on the 21st since it is a national issue.

He explained that the workers in the FTZs have been made aware of the 21st agitation campaign through the trade unions.
“We are discussing with the trade unions to speak with employees of companies that do not have any trade unions to join the action on the 21st,” Marcus said.

However, Marcus added that owners of industries in the FTZ have come under pressure from the governing party not to allow any workers to go on strike.
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BASL To Provide Legal Assistance

The Bar Association of Sri Lanka (BASL) has agreed to provide the necessary legal assistance to the working masses in the event of any suppressive action against them.

The BASL has given this assurance to the trade unions during a meeting on Friday evening.

The BASL has noted that the people have been constitutionally given the right to engage in union action to win their demands and that any action to prevent it would be a violation of their rights.

The BASL has noted that the Association in principle recognized the trade unions’ right of association and freedom of expression.

He said the issue of agitations calling for a withdrawal on electricity tariffs would be discussed at the BASL executive committee and the Bar Council since it is a national issue.

Therefore, the BASL has stated that the association would provide any legal assistance to workers who would be victimized for participating in the strike on the 21st.

By Camelia Nathaniel

Jayawardhani, Naganathan and their three children

Many young Tamil girls and boys having grown up with the war that plagued the country for over three decades have been idolising the terrorist outfit – the Liberation Tigers of Tamil Eelam (LTTE). Young Jayawardhani was no different, and her mind was poisoned with hatred propagated by the terrorists since it was so easy for the LTTE because she was an orphan at the Sencholai home for orphans.

ayawardhani never felt the warmth of a loving mother’s hug and tenderness. Countless times she dreamed of that perfect life with a family, and could only wonder what life would have been like, had she not lost her parents. All she wanted was to live a life with people who cared about her.

All she ever wanted was to be free and happy. But life it seems never treated her fairly. The only family that Jayawardhani had ever known was the other orphans at the Sencholai Orphanage, and the LTTE. She received her education at the orphanage, which she is very grateful for.

Poisoned mind

She felt grateful to the LTTE for giving her a place to stay and educating her. Jayawardhani grew up to believe that the Sri Lankan army and the Sinhala people were cruel and unreliable. Her mind was poisoned with the notion that they were out to destroy the Tamils. The hatred persuaded her to later join the terrorist outfit and start a misguided journey to save the Tamil people. “The only family I knew was the other orphans at the home and the LTTErs were the heroes fighting to liberate my people. The only mother I knew was the lady who took care of us at the orphanage,” she reminisced.

Having joined the LTTE she had fiercely fought against the government forces and did so with great pride and dedication. “I felt that I was fighting for a cause. I had never known anyone else in my life other than the children at the orphanage and later my fellow cadres. We were made to believe that the government forces, specially the army were brutal killers simply out to kill us.”
For many other cadres, fighting for the LTTE was similar to Jayawardhani’s, as they too were brainwashed and misguided by the LTTE. They too have a story to tell of how the former ‘killing machines’ of the LTTE turned innocent youth into killers.

She had later met a young man Sidambaranathan Naganathan senior to her in the terrorist organisation and the two of them fell in love. However their love affair was not looked upon favourably by the LTTE. “The terrorist leaders were of the opinion that if these cadres were to marry and raise families the organisation would not have the required manpower to battle. For Jayawadhani and Naganathan it was a long struggle that they finally were able to overcome. “However it was not a piece of cake and we had to each conduct our assigned missions successfully in order to have permission to enter wedlock. However we did what we had to do and finally got married and settled down in Murusumudai.” They had their share of trials and tribulations, but they had somehow kept their marriage together.

Realising LTTE atrocities

As time went by, they had two children and Jayawardhani conceived their third son. Just like many others who had initially believed in the terrorists, her husband and she gradually saw the LTTE atrocities.

“I have seen the way they punished our fellow fighters if they dared to question the motives or actions of the terrorist leaders. I have also on several occasions seen them killing the very cadres who fought for their cause, but were unfortunate to have been left disabled having sustained injuries in battle. Even during the last stages of the war LTTE leaders destroyed many of their own cadres who were considered a burden on them,” Naganathan recalled.

These innocent people were caught up in a struggle that they eventually realised not for the liberation of the Tamil people, but for power. Many innocent civilians had been caught up amid an escalating war between the security forces and the LTTE. They had lost everything and their lives have been shattered. They finally started to realise that the LTTE had no good intentions and that the Tamil people were just pawns in the whole scheme that was to gain power for LTTE leaders.

During the latter stages of the war, the government troops had ordered the people in the LTTE controlled areas to go toward the government troops, said Jayawardhani. “Yet the LTTE cadres did not allow them to cross and they kept shooting at those who tried to cross over to the army controlled areas. The ones crossing the earth bund, which held thousands, and separated them from the real world, had the courage to do so sensing that real freedom was not with the terrorists as they had been made to believe, but beyond the earth bund. Those who crossed over were urging the others to follow via loudspeakers, and many of the people were crossing over, and denying the LTTE the opportunity of holding them as a human shield to prevent being attacked by the government troops,” she said.

The government did whatever it took to rescue those being held as a human shield by the LTTE.

Human shield

The rebels on the other hand were enticing the government forces to commit mayhem on the civilians in the No Fire Zone to attract them the international attention and sympathy.

Almost 300,000 civilians were held under LTTE custody, which offered them protection from heavy Army gunfire or air raids, but allowed them the use of heavy weapons against government forces under the cover of the ‘human shield’.

By this time Jayawardhani had given birth to her third son and she and her husband had decided to take their two older children and seven days old son and cross over to the government troops and surrender.

Jayawardhani was not the only one who experienced the LTTE’s brutality. She had been a freedom fighter for them for many years; someone who had believed so passionately in their cause. However, once she felt the fragrance of real freedom beyond the earth bund, she wanted to go for it; but the LTTE who were supposed to be fighting for the freedom of Tamils were the very ones obstructing their freedom.

“My husband escorted me and my seven days old infant first and took us toward the earth bund to help me get across while he went back to get our other children. However, the LTTE fired at us and the last thing I knew was I felt something hitting my face,” she said.
Naganathan says that the instant he saw his wife fall he ran toward her, but saw her motionless body in a pool of blood. “I thought that my wife was dead along with our baby. Yet when I turned to leave, I heard the infant make a sound and I picked it up and ran toward the army. The army soldiers took the injured baby from my arms and put into a helicopter and I did not know where they took the infant at the time,” he recalled agonisingly.

Stark reminder

Somehow for Jayawardhani’s luck the army had found her. Having found that she was still alive the army had transported her onboard a helicopter to Colombo. “I regained consciousness only after six months where the doctors had performed several surgeries on my face, as the blast had shattered part of it. I had lost one eye and my nose including several bones was shattered. I have no nose but the doctors have transplanted a piece of flesh from my thigh to construct my face. When I look at my face today in the mirror I am terrified at what I see, yet it is a stark reminder of what the very ones I trusted and believed in had done to me. I now realise that I was just a number, a part of the fighting machine, nothing more to the LTTE.”

However Jayawardhani now views the army and the Sinhala people as her rescuers and her family. “Neither the army nor the government has valid reasons to save my life. Yet they struggled for six months to give me life and resurrect me from the dead. Contrary to the many allegations directed toward the army accusing them of theft and massacre, I am a good example of their kindness and love. I had lost my ring finger during the battle and you would not believe that the army soldiers who had found me had preserved my wedding ring on my lost finger and returned it to me after I regained consciousness,” she said with immense gratitude toward her rescuers.

Jayawardhani’s infant was taken to the Lady Ridgeway Hospital where the child was cared for during the time she was unconscious. “After I regained consciousness I told the hospital authorities that I had a seven-day-old infant born at the time of the attack. I had no idea if my son was alive or dead. Their records however indicated that the army had airlifted an infant to Colombo and that a motherless infant was receiving treatment at the children’s hospital. After a DNA test, it was confirmed that the infant was mine and my little son was handed back to me.

I was moved beyond words at the sheer efforts taken by the Sinhala people to save me and my son, even today I cannot understand their generosity and kindness toward someone like me who had been intently out to destroy them. The magnitude of their kindness is far beyond my comprehension, as it had been a Sinhala doctor attached to the children’s hospital, who also had a child at the time, breast fed my son too to keep him alive. How do I ever repay her, or the army for what has been done for me? No amount of words will ever be enough to express my gratitude toward them,” she said.

The LTTE – the hypocrites

Jayawardhani says that she has nothing but hatred for most of the ex-LTTE leaders enjoying freedom today. “These are hypocrites who abandoned us and left us to die for carving their own way out,” she added.

Today Jayawardhani and Naganathan live with their two children in Vadukkodai in Koddaikadu Jaffna, enjoying the freedom. Many other ex-LTTE cadres just like Jayawardhani and Naganathan are not forced today to do anything but live a life of peace. They are all now slowly rebuilding their shattered lives. Certain elements of the Tamil Diaspora whose children have all this time enjoying the comfort in foreign countries are now voicing their concerns for the Tamil people. Is it that they are doing so for their people or in fact for protecting their own interests to hold onto the privileges offered to them by these countries and prevent them from being sent back? They claim to be fighting for a separate land for the Tamil people, yet would any of them now domiciled in foreign countries ever give up their comforts and return to this country and live in this so called separate state that they say they want? No.

It is the people who have been caught up in the war that suffered the most. None of them want to go through that ever again. Never.

The Sri Lanka Navy and the Special Task Force (STF) are accused of grabbing 1,220 acres of forestlands in Shasthrawela, Ragamwela, Ulpassawela, Horowkanda and Ella in Panama chasing away the villagers whose forefathers too had been occupying these lands even during the Uva-Wellassa rebellion

However though sanctions have been imposed by the Forest Department, Archaeological Department, Coast Conservation Department and Central Environmental Authority on carrying out any development work on forestlands, the Sri Lanka Navy claims that such formalities are totally discarded when the Defence Ministry approves their projects.

Speaking on the construction work carried out by the Navy in Panama in the Ampara District, Navy Spokesman Commander Kosala Warnakulasuriya said that they have not followed any of these procedures nor would they require permission from the said institutions as the construction is being carried out on Defence Ministry land.

“This is a Defence Ministry land and there is no necessity to obtain approval from any department to carry out any of our development work,” claimed Warnakulasuriya.

Of the total number of lands, over 1000 acres are forestlands that come under the control of the Forest Conservation Department.
The villagers on the other hand have a different story to tell. “These are our native lands. Some of us have deeds and the rest of us have licenses,” said Somasiri one of the villagers who alleges he had to vacate his land.

For the villagers losing their occupational lands and the dwellings therein, have pushed them from pillar to post.
According to the villagers, no sooner the war was over the Pottuvil Police had allegedly evicted the villagers from their properties claiming that the government wants to construct a hotel project along the coastal belt.

“Even though they continued to demand that we move away from our native lands we did not heed the instructions of the Pottuvil Police. The then OIC of the Pottuvil Police once threatened us and said that we would not be allowed to stay on our lands for much longer. When we protested against the Police demand I was asked to come to the Police Station and threatened,” said Somasiri.

Meanwhile, the Chief Incumbent of the Panama Temple, Ven. Panama Sri Chandrarathana Thero said it is clear as to who chased away the villagers on that fateful night leaving all the families homeless and depriving them of their livelihoods.

“The sole income of these villagers was either from chena cultivation or fishing. After being chased away from their villages, the people are now homeless and with no source of income. No other party in this area has T-56 riffles. The day after these villagers were chased away, an Air Force detachment came and the entire area was cordoned off and other than the security personnel no other party was allowed to even approach,” said the Thero.

According to the Thero, although complaints were lodged with the Pottuvil Police no action was taken to make any arrests in this regard.

“It is almost three years now since the villagers were chased out; and the Pottuvil Police has been extremely lethargic towards making a breakthrough in the case. Even those who were engaged in fishing are not allowed to continue with their livelihood activities as the Navy has restricted the people going out to sea along that coastal stretch,” said the Thero.

Meanwhile, Coordinator of the Movement for Land and Agricultural Reform (MONLAR) Lakpriya Nanayakkara said that although the Navy is claiming that they are constructing a camp, the pictures they have taken from afar shows that they are constructing a hotel complex.

“The Lahugala Pradeshiya Sabha took legal action against the Air Force for doing illegal construction within the forest. When the case was first called on March 5, the Magistrate asked the Air Force what they were constructing in the forest and was told that it is an Air Force Base. Then the Magistrate wanted the Air Force to bring the Pradeshiya Sabha approvals for construction work. Although they promised to produce them at the next hearing scheduled for March 19, they failed to do so. At the third hearing Pradeshiya Sabha Lahugala obtained an injunction order against the Air Force construction work. Now the work has come to a standstill,” said Nanayakkara.

Meanwhile, Director, Environment Conservation Trust Sajeewa Chamikara said neither the Navy nor the Air Force has carried out an Environmental Impact Assessment (EIA), although they have destroyed the forests that come under the purview of the Forest Department.

“In addition they have violated the Coast Conservation and Coastal Resources Management Act No. 57 of 1981 (Amended), Section 20 of the Forest Conservation Ordinance as amended by Act No. 65 of 2009, the Archaeological Ordinance No. 49 of 1940 and the National Environment Act No. 47 of 1980,” said Chamikara.

However Deputy Director Archaeology Ampara W.H.A. Sumanadasa said that neither has the Navy obtained permission to carry out any development work on the archaeological sites nor has it requested any approvals.

“How can the Archaeology Department expect the Sri Lanka Navy to obtain approval from us when it does not even allow archaeology officials to visit the sites? There are many archaeological ruins which are said to date back to the prehistoric era, within the Navy camp in Panama,” said Sumanadasa.

According to Sumanadasa, all attempts taken by him to visit these archaeological sites in Panama on the directive of Director General Archaeology Dr. Senarath Dissanayake one and a half years ago failed, as the Navy did not allow anyone to even approach these sites.

“Before the war began we had a circuit bungalow on this site in Panama. However after the war the bungalow was ransacked and only the walls were remaining. The walls too collapsed during the tsunami and the land was acquired by the Navy after the end of the war. Our Director General wanted me to get this land released and construct a circuit bungalow but how can I implement his directive when the Navy is not even allowing me to get closer to the land,” said Sumanadasa.

Although Sumanadasa was not able to visit these archaeological sites, he says that people in the area have told him that the ruins date back to the prehistoric era and that there are many ruins found in all the places the Navy has taken over.

“I have written to our Director General and I am awaiting his reply to take the next step,” said Sumanadasa.

Meanwhile Navy Spokesman Commander Kosala Warnakulasuriya said that no one can be allowed inside the Navy camp as it is military land.

“If the Archaeology Department officials want to pay a visit, permission has to be obtained from us. No one will be allowed to walk into our areas without permission. However with permission obtained through the proper channels, anyone can visit the camp area,” said Commander Warnakulasuriya.

Air Force Spokesman Wing Commander Shiraz Jaldeen said that he is not aware of any court injunction to stop construction work.
“We are in a small detachment and the Air Force is not doing any construction work. We are only guarding this particular area. It is the Presidential Secretariat that engages in construction work,” said the Wing Commander.

When asked whether there is an injunction order taken by the Pradeshiya Sabha Lahugala against the construction work, Jaldeen said that he is unable to furnish further details as it is the Presidential Secretariat and not the Air Force that is involved in development work.

“Can you please call the Presidential Secretariat and find out all these details. I am very sorry for not being able to give you any answers as I am not aware of these issues,” said the Air Force Spokesman.

Divisional Secretary Lahugala A. Somarathana meanwhile said that all those who lost their lands would be given alternative lands at the earliest.

“Out of all the families only one family had a license for his land and we have already settled him in a nearby village. The rest of the families did not approach us; maybe it is because they do not have any legal document to prove that they were living in this area. However we will not desert them, and will provide them with alternate lands in due course,” said the Divisional Secretary.
When The Sunday Leader contacted the Director, Coast Conservation Department, to find out whether the Navy has obtained approval, Premaratne said that he has to check the files before making any comments.

“Since we are receiving a number of applications every day and we are in the process of granting approvals, I cannot say off hand whether the Navy has sought approval or whether we have granted them the necessary approvals. Anyway we have to help the Forces as they are guarding us and for defence matters we cannot ask them to obtain our approval. I am going for a meeting at the Defence Ministry now so please call me next week if you need any more details,” said the Director.
All attempts to contact Conservator General of Forests K.P. Ariyadasa for a comment failed.

By Camelia Nathaniel

Reading leaflets distributed during a protest campaign over the hike in electricity tariff.

Private and Public sector employees are disgruntled with not receiving their long due Cost of Living payment when they are facing the sky-rocketing cost of living.

Due to the government’s failure to gazette the Cost of Living Index new value, many employers calculate the cost of living allowance based on the old unit value of Rs. 180. As a result, many employees are facing severe hardships because they receive very slow increase in their salaries in comparison to the skyrocketing cost of living. Stagnating wages and rising cost of living continue to push household budgets beyond breaking point.

Market Basket

UNP parliamentarian Ravi Karunanayake told The Sunday Leader that according to the statistics of the Hector Kobbakaduwa Research Institute the market basket of a family of four was Rs. 46,500.

“However their current income is not even close to this level creating a huge problem. We are forcing the government to come out and say what its answer because even government institutions are saying so? Government does not provide them with any direction, assistance or no way forward,” he said.

About three years ago Karunanayake said that the Colombo Consumer’s index had been changed, and although the opposition had pointed out the error, the government ignored opposition’s concern. “According to a family per capita income the families’ highest expenditure is on liquor and cigarettes. We don’t understand what the government is doing. It is tampering with the figures for its benefit not taking corrective measures yet,” he added.

Commenting on the stagnant wages Karunanayake said that the government was exploiting the situation to deceive the people.
“The cost of living index was earlier linked to the wages. But now they have completely taken the link away while adding certain things as and when they feel like it, and that is how things have been going on for the last three years, remorselessly ignoring the fact that this is part of the legislation. So this is the government we are talking about. It hoodwinks the people every day, but people are giving into them,” he said.

Head of the National Trade Union Centre (NTUC), K.D. Lalkantha analysing the cost of living between the first quarter of last year and this year said that in the first three months of 2012, the monthly minimum expenditure for a family of four stood at Rs. 43,773.

The real CoL

“It is made up as follows; in January 2012 the Cost of Living Index unit was 154.8, meaning the market basket value would be Rs. 43,344. It is so because the value of each unit is at Rs. 280.00. In February the index increased to 155.04, and when you multiply it by 280, the value of the market basket stands at Rs. 43,512. By March the index was 158.08 and when that is multiplied by 280 the value of the market basket stands at Rs. 44,064. If you take the average value for the first three months, the value of the market basket is Rs. 43,773.

“When we look at the figures of January 2013, the cost of living index unit stands at 170, meaning the market basket value would be Rs. 47,600. It is so because the value of each unit is at Rs. 280.00. By February the index increased to 170.7, and the value of the market basket stood at Rs. 47,796. By March the index was 170.8 and when that is multiplied by 280 the value of the market basket stands at Rs. 47,824.

If you take the average value for the first three months, the value of the market basket stands at Rs. 47,740. The difference between the first quarters of last year and this year is an increase of cost of living by Rs. 3,966. However the income per family has not increased to match with the rising cost of living. The country has 6.5 million private sector work force and the 1.3 million public sector employees and the total is 7.8 million, but they have not received any increase in salaries. Hence the worker’s purchasing power has decreased by Rs. 3,966 from the first quarter of last year to the first quarter of this year. So, under the present government people are forced to cut down on their expenses to make ends meet,” he said.

Governmental ignorance

Meanwhile, the head of the Inter Company Employees Union (ICEU), Wasantha Samarasinghe said that private sector and public sector employees have been burdened with severe injustice because of the government’s inability to gazette the Cost of Living index since 2010.

“The cost of living index was gazetted in 1952, based on data from 2002 a unit of the cost of living index was valued at Rs. 180 in 2010. This conversion rate was decided to be Rs. 67.00 taking into account the 180 increase for statistic adjustments. However the employers’ federation insisted that they might have been paid only the Rs. 67.00 increase because it was the gazetted figure. We have been opposing this decision continuously for the past three years asking the government to rectify this error and to gazette it.

However based on figures of 2006 -2007, the value of the market basket was estimated and published in 2009 as Rs. 27,976.00. They published the value of the market basket as Rs. 17,996.00 in 2002 when the cost of living index was estimated at 180, and then according to the market basket value of Rs. 27,936.00 in 2009 the Cost of Living Index was estimated at 280. Therefore, the government should gazette the Cost of Living Index as 280,” he explained.

However since 2010 President Mahinda Rajapaksa could not give the necessary instructions to gazette it. Therefore workers of certain state, semi state and private institutions including banks face great obstacles in receiving salary increments to match with the sky-rocketing cost of living.

“The Cost of Living Index by the end of March indicates the value of a market basket for a family of four should be Rs. 47,824.00. But if you take into account the increase in unit value for the past 12 months, it has increased only about 15 units – Rs. 4300,00. The employees do not receive salary increments to match with the increase in the COL, purely because the correct index was not gazetted. Non-gazetting the cost of living index severely affects about three million workers,” Samarasinghe added.

Freezing the CoL Index

According to Samarasinghe, certain private companies decided to freeze the Index value by paying a lump sum to their employees to prevent it becoming an issue.
“In certain instances we had to agree to 67, 104, 117 etc., until it is gazetted to reach an agreement. The most crucial factor is the privileges enjoyed by the employees now they do not receive because of the government’s stubborn decisions. Since the living standards of the people have changed, the cost of living index has to be amended accordingly,” he said.

“It is being revised every five years. The last revision ended in 2012 and a new index needs to be gazetted this year,” he said.
However the trade unions have expressed doubts whether the government is going to do it, since the cost of living index now is about 480.

“The government would not gazette the index because when they do the employees will realise that their salaries have not increased to match with the increase in the cost of living. The irony is that the president while claiming that he was a labour force leader, and while having the power to do justice to the workers is depriving them of their privileges. We have been told that the Minister of Labour had intervened on behalf of the workforce, yet we have no faith that his intervention is sufficient to win the workers’ rights because today all our cabinet ministers have become puppet. They are being manipulated by the whims and fancies of the leading family.

The labour minister can gazette the Cost of Living Index only if the president approves it. Although the Census and Statistics Department and the Ministry of Labour jointly came up with a Cost of Living Index, they have not considered employees’ cost of living increments. This has become a grave dispute within the companies. I believe that this situation has been deliberately designed by the government, and to rectify it the Minister of Finance should instruct the Secretary of the Finance Ministry to gazette the Cost of Living Index, but they won’t do it,” Samarasinghe observed.

He added that on one instance the Census and Statistics Department Director General had drawn up the gazette notification putting the Cost of Living Index as 180, but she was not allowed to present it.

Strike action

“The government and the employers prevented her from doing it. She said that although she has gazetted the cost of living index earlier, under the present instruction of the Secretary of Finance Minister, she could not do it now without the Finance Minister’s approval – the president. The government has somehow manipulated the situation favouring the employers thereby depriving the labour force of their grant to the extent of Rs. 300,000. The only thing that the president and his government have succeeded in doing for the past seven to eight years is to keep piling the burdens on the employees and filling the employers’ pockets.”

He further said that the ICEU has by now drawn up the necessary documentation to take this matter before the courts, and warned that a strike has been scheduled on May 21 against the increase in fuel prices.

“We have also drawn up plans to take the matter of cost of living index not being gazetted to court,” Samarasinghe said.
The majority of the workforce is sceptical about receiving any sort of pay rise this year even though the prices of goods sky rocketing. There is widespread anxiety among consumers about rising living costs. Many believe that things could only get worse because the government is oblivious to the ordinary people’s burdens.

D. G. Podinona, wife of dissapeared Benet Gamage, during the 1988-1989 period in an emotional mood at Matale court premises, when the Mass Grave case was taken up for hearing on Wednesday
Picture by Saman Kariyawasam

The Matale mass grave issue was back in the limelight last week with families of several persons who had gone missing in the Matale area during the 1988-1989 period requesting courts to carry out investigations to determine whether remains of their loved ones are among the skeletal remains unearthed from the mass grave.

The Matale magistrate and additional district judge Chaturika de Silva last week ordered a full probe into the Matale mass grave – which is by far the largest to be unearthed in the country – after accepting the 13 affidavits that were handed to court by 11 relatives of persons who had disappeared in the Matale area during the period of the mass grave.

Attorney at Law and JVP Central Committee member Sunil Watagala who also appeared before the Matale Magistrate said the magistrate had also permitted the JVP to become an intervening party in the case.

“The judge told the court that after considering Clause 138 of the Criminal Procedure Code and Article 41 (1) of the Judicature Act, she had decided to include the 13 affidavits handed over by the relatives of the missing persons and to call for a full probe,” he explained.
When the affidavits were first handed over to court on the 8th, Attorney at Law, Upul Kumarapperuma had a heated exchange of words with the CID in open court.

Watagala said that Kumarapperuma was angered by the statement made by the CID that the relatives and any others who wanted to complain about their loved ones who had gone missing during the 1988-1989 period should visit the fourth floor of the CID office in Colombo to lodge their complains.

Kumarapperuma had criticized the CID for its attitude towards the aggrieved parties and the lack of interest in conducting a proper probe into the Matale mass grave.

“Kumarapperuma asked whether the CID had even taken steps to publish a notice in the media requesting people who had lost their loved ones during the 1988-1989 period to come forward with their complaints,” Watagala said, adding that the CID was unable to respond.

The Magistrate had then asked the CID to set up a desk at the Matale Police for persons in the area to come forward and make their statements about the persons who had gone missing in the Matale area during the period of the mass grave.

However, when the case was taken up on the 10th, the Magistrate had officially ordered the CID to set up a desk at 10.30 a.m. on the 14th of this month to enable people in the Matale area to give their statements about their loved ones and others who had gone missing during 1988 and 1989.

“The CID agreed to come to Matale. The judge asked for a full report on the probe at the next hearing on May 31st,” Watagala said.
He noted that the JVP was planning on presenting 50 more affidavits from family members of missing persons when the case is taken up again on the 31st.

The Magistrate has also requested for a report on the tests being carried out on the skeletal remains by experts in the Peradeniya University.

Relatives of persons who had gone missing during the JVP insurgency in the 1980s are now starting to come out after holding their silence for over 20 years.

The relatives who appeared in the courthouse on the 8th and 10th with photographs of their loved ones, who had gone missing during the 1988-1989 period, requested the court to provide justice to their loved ones. They requested that DNA tests be carried out on the 154 skeletal remains that were unearthed from the Matale mass grave to determine whether their loved ones were among the dead.
Fathers and mothers held photographs of their children who had gone missing while some held on to photographs of their brothers and sisters they had lost decades ago.

The last memory some of them had of their loved ones were of them being captured and taken away by the military.
A few had seen their loved ones several times in military custody before they had gone missing while some others had never seen their kith and kin again.

Eyewitnesses to the suppression that took place in the Matale area during the 1988-89 period say that youth captured by the military were detained at Vijaya College in Matale and tortured at the rest house in Matale before some were killed. The grave was accidentally discovered when the ground at the Matale Hospital premises was dug for construction purposes last November.

It was initially speculated that the skeletal remains were of persons killed during a smallpox epidemic in the 1940s. However, the court was informed following tests carried out by experts that the skeletal remains that were unearthed from the mass grave belonged to the period between 1986 and 1990.
Judicial Medical Officer (JMO) of the Matale Hospital Dr Ajith Jayasena who carried out the initial investigations noted that tests are continuing on the skeletal remains. He has explained that excessive tests would have to be carried out to determine the sex of the persons buried and other details that could help identify the bodies.

However, Dr Jayasena has also noted that family members or relatives of the persons who had gone missing during the respective time period need to lodge complaints with the police.

“When they come forward, we can carry out DNA tests, which are the last tests to be conducted on the skeletal remains,” the JMO observed, adding that the public needs to be made aware of the need to come forward with information about their loved ones who had gone missing.

Following last week’s court verdict, the CID has now been forced to buckle up and carry out their task of conducting a full probe into the Matale mass grave.

JVP parliamentarian Anura Dissanayake said that the entire issue over the Matale mass grave has clearly indicated the irresponsibility of the government.

“There are 154 skeletons that were unearthed from the Matale mass grave. It is up to the government to carry out the necessary investigations, tests and find who was responsible for such a crime,” he noted, adding that the govenrment does not seem ready to do their part.

He explained that the JVP had intervened due to this reason and had visited the families of persons who had disappeared in the Matale area during the 1988-1989 period.

“We got the families to hand over affidavits requesting the authorities to carry out tests to determine whether the skeletal remains are of their loved ones,” Dissanayake said.

Dissanayake hailed the verdict of the Matale Magistrate to accept the affidavits and allow the JVP to intervene in the case.
“It is a good verdict that would undoubtedly create a good precedence in the future. We hope that justice would prevail,” he said. Nevertheless, the united call by everyone concerned is for the authorities to find the culprits who were responsible for the crime and to bring them to book. The mass grave issue has given credence to the statement that the dead sometimes come to haunt the living.

Facing massive financial losses due to mismanagement…. and Attachment 2
Pricing difference of PV Oil Singapore PTE. LTD

Astonishing revelations have now emerged as to how the Ceylon Petroleum Corporation (CPC) incurred enormous losses over the past one-and-a-half years due to agreements signed by two of its former Chairmen.

Meanwhile questions have been raised as to why the government has failed to probe a blatantly corrupt transaction the CPC entered into with PV Oil Singapore which is considered to be the most outrageous transaction the Corporation has ever entered into in the recent past.

Former CPC Chairmen, Harry Jayawardena and P. Vidanagamachchi are accused of entering into corrupt agreements with PV Oil Singapore which are more favourable to the supplier than the CPC. Due to these scandalous transactions the Corporation has lost a staggering sum of over Rs 3 billion between October 7, 2011 and March 31, 2013.

“Chairman Jayawardena entered into an agreement with PV Oil Singapore on October 7, 2011 to purchase 240,000 MT (six shipments) of gas oil and subsequently increased it to 320,000 MT (eight shipments). When this transaction went through Vidanagamachchi was the Chairman of the cabinet appointed procurement committee. It was initially told that the gas oil would be purchased according to the standard procedure – the average of the Mean Singapore Spot Price of gas oil published in Platt’s Marketscan plus a fixed premium of US$ 1.57 per barrel. We agreed that this is an advantageous rate.  But when we understood that the payment terms of the agreement has been manipulated and allowing the supplier to calculate the price based on the arithmetic average of the mean of low and high quotations of gas oil published by Platt’s Asia Pacific/ Arab Gulf Marketscan for either five consecutive quotes around the Bill of Lading date (B/L date) or any five consecutive quotes during Bill of Lading month declared by the supplier, most of our senior staff were vehemently opposed to this transaction but to no avail.

The agreement had been manipulated blatantly and it is a colossal loss to the already cash strapped CPC. Knowing the financial situation of the Corporation, this transaction is equal to nothing but a shocking crime,” said a senior CPC Officer on conditions of anonymity.

The source further said that had the standard procedure – the average of the Mean Singapore Spot Price of gas oil published in Platt’s Marketscan and a fixed premium of US$ 1.57 per barrel – been followed, the CPC would not have had to pay an additional Rs 3 billion to the supplier.

According to the sources, Vidanagamachchi who succeed Jayawardena as the Chairman too was involved in this practice as he (Vidanagamachchi) not only continued with Jayawardena’s corrupt transaction despite the fact that several requests were made to cancel the questionable agreement, but went ahead to extend the contract further by six months once again amending the payment terms which were more harmful than those of Jayawardena.

“Instead of cancelling the scandalous deal, Vidanagamachchi extend the PV Oil Singapore agreement on January 25, 2012 for another six months to purchase 480,000 MT to 560,000 MT of gas oil with amended terms and conditions which was more detrimental and disadvantageous to the CPC,” he added.

“Vidanagamachchi’s agreement allowed PV Oil Singapore to follow two payment methods – to calculate the price based on the arithmetic average of the mean of low and high quotations for gas oil as published by Platt’s Asia Pacific/Arab Gulf Marketscan during either the month in which the date of the Bill of Lading issued in respect of the relevant delivery falls or the month in which the first day of relevant laycan falls is the suppliers’ option and which was more harmful than that of Jayawardena’s,” added the source.

According to the source, Vidanagamachchi executed this manipulation to give the advantage to PV Oil Singapore so the laycan, which was scheduled for April 29 and 30 could be moved to May 2 and 3 at the discretion of the supplier allowing them another financial advantage of using both months’ pricing formula which cost CPC an additional US$ 1.5 million average per cargo which is nothing but daylight robbery.

“In the same manner Vidanagamachchi misled the cabinet of ministers stating that CPC will buy gas oil from PV Oil Singapore at a premium of US$ 1.57 per barrel but in reality he had amended the payment clause of the agreement to hoodwink the cabinet of ministers and purchased at a premium that ranged from US$ 1.17 to US$ 8.44 per barrel blatantly violating the mandate of the cabinet,” he added.

Meanwhile it has now been revealed how Chairman Vidanagamachchi entered into the said agreement on January 25, 2012 as Acting Chairman and Managing Director of CPC when he was not the Acting Chairman and MD at this time.

“Although Vidanagamachchi entered into this scandalous agreement as the Acting Chairman and MD, it was Vasantha Ekanayake who was overlooking the duties of Chairman and MD at that time. According to reliable sources since Ekanayake refused to sign this agreement which he knew was immoral, he was removed from CPC. If it is true, then not only the Petroleum Ministry but also the government was involved in this scandalous agreement. If so that would be the same reason why the government is not taking any action to probe this matter although CPC employees have repeatedly asked that the wrongdoers be bough to book,” said the source.

Although this scandalous transaction has now been brought to the notice of the higher officials of the Petroleum Ministry and the Treasury according to the source, it is questionable as to why the authorities concerned have been silent over the past three months without holding any inquiry to recover the losses incurred by the CPC from the individuals who were involved.

“The already cash strapped CPC is facing a huge financial crisis because of the mismanagement of its funds. Although the government is trying to imply to the masses that fuel prices have to be adjusted to minimize CPC losses giving various reasons, they never say that the Petroleum Corporation has incurred losses because of scandalous deals and mismanagement of its funds. As a result fuel prices have been increased more often even though the world prices are decreasing. All these are done to cover up their ‘sins’. Ultimately it is the general public that has had to bear the brunt of these ‘sins’. In regard to these particular transactions, we have reason to believe that both Jayawardena and Vidanagamachchi benefited handsomely in addition to those who were behind this deal as they worked closely with PV Oil Singapore to draw money from the CPC’s limited resources,” claimed the source.

According to the source nowhere in the CPC’s history have payment terms were amended to benefit the supplier as it is a colossal loss to the corporation.

“This is the dirtiest strategy both former Chairmen adopted in order to pay PV Oil Singapore more than what actually had to be paid. If the standard procedure was followed, our agent in that country would have sent us the sample report before and after the oil was loaded to the ship which indicates the date. If that was the case then we would have known the date of loading and the supplier could not have given us a higher rate. That was why the supplier was allowed not to send the lab report to us but to send us strait the prices without any indications as to when it was loaded,” said the sources.

Meanwhile, Managing Director CPC Susantha Silva, when contacted, said that he couldn’t make any comment in this regard as the matter is now being probed by the Attorney General.

When asked as to why he (Silva) together with some of CPC higher officials made a visit to PV Oil Singapore two weeks before and whether there is a plan to extend the contract further, Silva did not wish to make any comment.

“Since the matter is now being probed by the Attorney General I cannot say anything. We have answered to the AG’s queries and when the suitable time comes the right person will answer all these questions,” said Silva.

Although several messages were left with Ms. Mallika, the Coordinating Secretary to Petroleum Ministry Secretary R. H. S. Samaratunge seeking a comment from Samaratunge, there was no response from the Ministry Secretary’s office till the paper went for publication.

Meanwhile, a text message was sent to Chairman CPC Tilak Collure seeking a comment with regard to these scandalous deals, but Collure too failed to respond to the message.

Whistle-blower Gets Warning Letter!

Meanwhile, Secretary, Jathika Sevaka Sangamaya Petroleum Branch, Ananada Palitha thanked the newly-appointed Petroleum Minister Anura Priyadharshana Yapa for his quick action to amend the once manipulated agreement to the standard procedure.

“No sooner this was brought to the new minister’s notice, the scandalous agreement was rectified. However we are surprised as to whether CPC is going to purchase gas oil from the same company or will make any changes in future. Since higher officials have made a visit to PV Oil Singapore two weeks before, we assume that future purchases too would be done from the same company which is questionable,” said Palitha.

Palitha further added that because he revealed those deals to the public, Human Resources Manager of Ceylon Petroleum Storage Terminal Limited (CPSTL) P. D. Dharmawansa has sent him a warning letter advising him to refrain from exposing CPC scandalous deals in future. “The warning letter states that because I discredited CPC by exposing the shocking deal, the company can expel me from office if I continue to expose confidential matters to the public. If they can warn us for exposing these issues, why cannot they take action against the wrongdoers who mismanaged public funds in the same manner? These are all public money that has been swindled for the benefit of a few people. I do not think that it is wrong to highlight these issues in public. If not do they want us to hide all these scandalous deals and protect the big time swindlers. The general public has a right to know what is happening to their hard earned money,” said Palitha.

When contacted HR Manager P. D. Dharmawansa as to whether it is true that he has issued a warning letter to Ananda Palitha for exposing the scandalous deals, Dharmawansa said that the matter should have discussed either with the Chairmen or the management before it was leaked out to the media. “Leaking this information to the masses in not good for the company image. We have to take disciplinary action against anyone who breaks our disciplinary rules and regulations,” said Dharmawansa.

When asked whether he as the HR Manager has taken any disciplinary action against the two parties who were signatories to these shocking deals in the same the way he has sent a letter to Ananda Palitha for exposing the truth, Dharmawansa said that he knew nothing about these transactions.

“Ananda Palitha is one of our employees at CPSTL. I cannot take any action against CPC employees,” said Dharmawansa.

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No Response!

When contacted Harry Jayewardene for a comment, Jayewardene wanted this reporter to write anything what she wanted claiming that it is the habit of this newspaper to level allegations against people.

“I will not comment on this and you can write anything you want. I too can level allegations against you. Since your paper is famous for attacking people and leveling allegations, I don’t mind what you write about me,” said Jayewardene.

Meanwhile, all attempts to speak to P. Vidanagamachchi failed as he did not wish to talk to this reporter.
Although a message was conveyed to Vidanagamachchi through the Media Officer CPC seeking a comment, he (Vidanagamachchi) refused to talk to the paper claiming that he was busy but to talk to the Suppliers Manager CPC for any comment on his behalf.

Canada remains the sole country threatening to boycott or send a low level delegation to the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka in November after Britain and Australia confirmed they would be represented at the highest level.

But that has not stopped Canada from continuing its war of words on Sri Lanka over human rights allegations with Canadian Foreign Minister John Baird even accusing the Commonwealth of being a failure on the Sri Lankan issue. Sri Lanka has not remained silent either. Sri Lanka’s High Commissioner to Canada Chitranganee Wagiswara, in a statement recently, had said that hostile criticism and unfair targeting of Sri Lanka by Canada only serves to further strengthen the evil forces working against Sri Lanka and does not contribute in any manner to the ongoing rebuilding and reconciliation process in the multi cultural society of the country.

Suren Surendiran and Rohitha Bogollagama

Former Foreign Minister Rohitha Bogollagama, who was instrumental in securing CHOGM to be held in Sri Lanka, however feels the best way to deal with Canada is through candid and open discussions and not through a war of words.

In 2007 Bogollagama proposed in Uganda that CHOGM be held in Sri Lanka but in 2009 when CHOGM was held in the Caribbean there was opposition to the summit being held in Colombo in 2011. It was then suggested that CHOGM be held in Australia in 2011 and Sri Lanka in 2013.  “We vehemently opposed to any move to shift CHOGM out of Sri Lanka. Canadian Prime Minister Stephen Harper was in the Caribbean and was part of the decision making,” Bogollagama told The Sunday Leader.

Bogollagama feels Canada’s position now is possibly based on a change of heart and not change of facts. Canada is home to a huge Sri Lankan Diaspora and pressure from some anti-government groups is adding to the pressure on Canada to boycott the summit.
The Global Tamil Forum (GTF), a leading Tamil Diaspora group which has members in Canada, said it will continue to push for a boycott of CHOGM in Sri Lanka by the West.

GTF spokesperson Suren Surendiran told The Sunday Leader that unless the Commonwealth leaders and the Secretary General of the Commonwealth believe, respect and practice the core values as they signed up to and they expose countries and leaders who disrespect the same, the Commonwealth as an international institution will become irrelevant fast.

“The core values and principles of the Commonwealth, are as stated in the recently signed charter: inter alia to democracy, human rights, the rule of law, separation of powers, freedom of expression, good governance, tolerance, respect and understanding and the role of civil society. As the custodian of the Commonwealth’s fundamental political values, the Group pledged to continue to promote these commonly agreed goals,” he said adding that the Sri Lankan government has failed in most counts.

With six months to go before the Colombo summit Surendiran alleged that GTF will use that time to expose the lack of democracy in general by militarization of public institutions, the dictatorial trend, the government sponsored attacks on media institutions, government sponsored premeditated attacks on the Muslim faith, the lack of independence of the judiciary, the undemocratic features of the 18th amendment to the country’s constitution, corruption, economic mismanagement, government sponsored colonization, forced evictions and land grabbing in Sri Lanka.

“We as a Diaspora institution which have country organizations as members or as associate members active in most important countries like, Britain, Canada, Australia, New Zealand, India, Malaysia and South Africa and others, we will continue to campaign hard to demand that the leaders of these countries boycott the CHOGM in Colombo in November 2013,” he said. He also said that the Tamil Diaspora in Britain is not happy with the announcement that British Prime Minister David Cameron will be attending the summit.

“Prince Charles and the Prime Minister seem to be on course to wipe out all the pressure that has been built through the United Nations Human Rights Council (UNHRC) process in the last two years by the US lead both resolutions which demand action on accountability, deteriorating human rights conditions for all people of Sri Lanka, the lack of democracy, interference in the independence of the judiciary and the lack of progress on seeking a political solution to the Tamil National question. Since the last resolution, conditions in Sri Lanka have deteriorated even further,” he said.

“FCO Minister Alistair Burt seems to suggest that the Prime Minister and Foreign Secretary have taken the decision to go to Sri Lanka because Buckingham Palace has taken the decision to go as the head of the Commonwealth, the member countries have requested HM or her representative to be present. The British Tamils of whom the Monarch and the PM represent wonder whether if the members requested that the Queen or her representative to visit Syria or Zimbabwe to shake hands with President Assad or Mugabe, whether Buckingham Palace would decide the same and whether the PM would accompany Her Majesty or her representative,” Surendiran said.

The government however is not shaken and feels it enjoys strong support amongst the Commonwealth countries, represented by the Board of Governors of the Commonwealth Secretariat, comprising the 54 London-based Commonwealth High Commissioners.
Sri Lanka’s High Commissioner to the UK Dr. Chris Nonis said in a statement that the “unwavering support” of all except one country, at recent meetings, necessitates a depth and breadth of understanding that Commonwealth countries are at different stages of development, with a commonality of values and aspirations, as well as challenges and constraints.
The High Commissioner said that although there had been intensive lobbying in the past year by anti-Sri Lanka activist groups with collateral agendas, in particular in London, which is home to the Commonwealth Secretariat, they had not succeeded in their attempts to pressurize Commonwealth Nations to shift the venue, nor to pressurise the Commonwealth Ministerial Action Group to place Sri Lanka on its formal agenda.

Bogollagama meanwhile says Sri Lanka should continue its engagement with Canada despite the comments being made by its Foreign Minister on Sri Lanka and Sri Lankan diplomats must try not to be like politicians and criticize any country even if those countries work against Sri Lanka. The Commonwealth biennial meeting in November this year, will be preceded by the Commonwealth People’s Forum, the Commonwealth Youth Forum, and the Commonwealth Business Forum, and usually attracts several thousand delegates, and global media coverage. It will provide the opportunity for the 54 Heads to meet to discuss matters of global and Commonwealth concern, and agree collective policies and initiatives.

By Raisa Wickrematunge

Ven. Samitha Thero said elements of the BBS should also be disciplined for spreading intolerance

Last week, uproar erupted as former deputy Mayor of Colombo, Azath Salley, was arrested under the Prevention of Terrorism Act (PTA). At the time, The Sunday Leader learned that Salley was being detained partly for causing religious disharmony, following an interview he had with a magazine in the Tamil Nadu area.
Salley was however released on Friday (10). (See box)

At the time, the most interesting statements came from Minister of Justice Rauf Hakeem saying that certain groups were spreading disharmony, but they were not being arrested for it. “The law should apply to everybody equally,” Hakeem said.
All our attempts to contact Hakeem for a comment this week failed.

However, members of civil society including religious leaders came out in support of Salley. Many of them pointed the finger squarely at the Bodu Bala Sena and other similar religious groups.

Clergy And Civil Society Speak Out

Ven. Samitha Thero speaking to The Sunday Leader said he had personally met Salley at a public meeting when he had called for unity and harmony. “He seemed to be a moderate unbiased politician, even against his own ethnic religious group,” Samitha Thero said. He added that he did not know if Salley had indeed made untoward comments outside the country and so could not comment on the charges, but only on his knowledge of Salley as a person.

Azath Salley greeting UNP Leader Ranil Wickremesinghe after his admittance to Nawaloka hospital

Ven. Samitha Thero also said that religious groups were promoting vicious and extremist ideas, yet they had not been disciplined. For instance, he said that the Bodu Bala Sena had been calling for the boycott of minority community’s businesses claiming there was a conspiracy to eliminate the Sinhala nation.

“These are serious allegations, but they were never taken to book. It looks like any statement from minorities is taken seriously and dealt with severely,” the monk said.

He added that everybody should be equal in the eyes of the law, and that Salley should have been treated more moderately considering that he had never been involved in undemocratic struggles. “I would like to see him walking free soon,” Ven. Samitha Thero said.

A lawyer and former member of the Human Rights Commission, Dr. Javed Yousuf said the issue was complicated, because there were so many different reasons being put forward as to why Salley had been arrested.

However, irrespective of the charges leveled against Salley, his arrest under the Prevention of Terrorism Act was totally unwarranted, given that it should be used only in extraordinary situations, Yousuf said. “This was because the accused was not entitled to bail. As such the first recourse should be normal law”, he said.

In addition, Yousuf said, Salley’s comment paled into insignificance considering that groups like the Bodu Bala Sena and other religious groups were making much bolder statements causing tensions in the minority communities. “The rule of law must be applied to everybody, in the same way and in a fair manner,” Yousuf said.

A prominent member of civil society, Hilmy Ahmed said the claim that Salley was spreading religious intolerance was ‘nonsense’ compared to the rhetoric spread by groups like the Bodu Bala Sena. Ahmed cited an incident at a Bodu Bala Sena meeting in Kandy where one of the monks speaking claimed that Muslims had to spit in food three times before serving it to non Muslims. The monk had claimed that this was mentioned in the Quran, a complete lie, Ahmed said. “This is the height of absurdity, and it is all available on video and on the Internet. If this isn’t inciting religious hatred, I don’t know what is,” Ahmed said.

Meanwhile, the Muslim Council of Sri Lanka this week put out a statement asking for Salley’s release considering his health condition (Salley was fasting until his release and was admitted to the National Hospital last Friday). President of the Muslim Council of Sri Lanka N. M Ameen said that the popular opinion among the Muslim community was that Salley had been arrested for being too outspoken against certain religious groups. “When most were silent, he spoke for them, and that’s why he got arrested,” Ameen said. He cited January 24 rally in Kuliyapitiya, where protesters had burned effigies of the Prophet Mohommed and held placards depicting pigs, as incidents targeted at inciting religious disharmony. (This rally was attributed to the ‘Hela Sihila Hiru’ or ‘Sinhala Api’ group).
Passing The Buck

When in response to the said statements The Sunday Leader queried the authorities concerned whether there were plans to arrest any religious group members who had made inflammatory comments, they passed the buck in terms of responsibility.

Director General of the Media Centre for National Security, Lakshman Hulugalle said that he was not handling the investigation because the arrest of Salley had been done by the police and the CID. His role was only to make important announcements, he added.

As such he said he was not aware if any members of the religious groups were to be detained as it was irrelevant to his job scope.
Police spokesman Buddhika Siriwardhana said that the police were not handling investigations – they were being conducted by the CID. He too did not have any information to this end, he said.

Meanwhile, CID officials including the Director of the CID remained unavailable for comment at the time of the newspaper going to press, although one member of the CID said that the provisions of the PTA were quite clear and they had been adhered to accordingly.

BBS Has Never Promoted Violence

Executive Committee member of the Bodu Bala Sena (BBS), Dilanthe Withanage responding to the allegations said that the BBS had not promoted any acts of terrorism or violence. “People can criticise. Lots of people spoke about how the BBS had attacked Fashion Bug, but this isn’t true,” Withanage said. As such the group stood against any action that was contrary to society and the country, he added. He also said that he had requested earlier that the people who attended the candlelight vigil on April 12 at Sambuddatva Jayanthi Mawatha should be arrested for singing a portion of the national anthem.

However, Withanage said he could not recall the statement allegedly made by a supporter of the BBS at their rally in Kandy. He added that he was not aware whether this was against the constitution, and so he could not comment on it.

“If someone is doing something to destroy the national and social integrity, they should be arrested,” Withanage said. As such people of any religion, Buddhist, Christian or Muslim, should be arrested for any wrongdoing, he said.

 

Azath Salley Released

On Friday (10) Azath Salley was released and immediately admitted to the Nawaloka Hospital for treatment, according to the lawyer Shiraz Noordeen.

Noordeen said that Salley had been running a 102-103 degree fever as he was not taking his diabetic medication.
Salley was originally arrested under the PTA on charges of ‘spreading religious disharmony’ after he had given an interview to a magazine in the Tamil Nadu area.

However, according to Salley’s lawyer, the former deputy Mayor had been misquoted in the interview. With the authorities satisfied that the comment had been misquoted, Salley was taken to the CID and granted official release before being rushed to hospital.
Salley’s brother Riaz said that Salley was in a very weak condition, and unable to speak.

Salley was earlier warded at the National Hospital when he collapsed last Friday (3).

Azath Salley’s daughter Amina said that her father was on a liquid diet until Friday (10), against the doctors’ advices. He was earlier on a saline drip, and his family members forced him to drink juice at night to balance his blood sugar level. Amina added that only her mother had been permitted to visit Salley at the National Hospital on Thursday.

Meanwhile, the detention order had only been sent to the Salley family on Thursday (9), although it should have been received five days ago, according to Amina.

The Fundamental Rights case and Habeas corpus case filed by lawyer J C Weliamuna were originally heard on Thursday (9). Both were postponed for Friday (10). Weliamuna said that both the cases were filed on the grounds of unlawful arrest. On Friday the Attorney General had asked for more time to consider the case, and it had been scheduled to be heard in a week’s time.