President Maithri promises an ‘honourable’ decision

 

 

BY GAGANI WEERAKOON -Jun 23 2019

In a sudden turn of events UNP Chairman Kabir Hashim and Kandy District MP Abdul Haleem were sworn into their previously held ministerial portfolios by President Maithripala Sirisena last Wednesday (19) that led to a clear division within the group of Muslim Ministers who collectively submitted their resignation in solidarity with Minister Rishad Bathiudeen a few weeks ago.

UNP Chairman Hashim following resuming his duties at the Ministry said he had decided to accept his previous portfolio after giving deep consideration to appeals made by the Most Venerable Mahanayake Theras, other religious representatives, his district voters, the Muslim community, the Prime Minister, the President and Minister Sajith Premadasa.

Hashim issuing a statement to explain the reasons behind his decision to step down and re-accept the ministry portfolio said even though no allegations had been made against him, personally, the decision to step down was necessary to prevent communal violence engulfing the country.

“As those who have worked with us can attest, we have always been ready and willing to make sacrifices and stand for accountability on behalf of the United National Party. Since our resignation, the Government has made many strides towards addressing the threats faced by the Muslim community, although much more remains to be done. During this period, Sri Lanka’s Muslims had no representation in the Government,” he added.

While noting that now was not the time for political leaders of any community to remain on the sidelines Minister Hashim said: “We urge all elected representatives of our party to let their every decision be guided by the voices of their voters above all others. It is their needs that must inform our every move over the next critical six months. Our supporters are the lifeblood of our party. It is our job over the next several months to turn things around for the UNP and the country and to chart a new course for the Government and the United National Party”.

Prime Minister Ranil Wickremesinghe has been a tower of strength in giving confidence to the people by working towards bringing back the country to normalcy. He has also been instrumental in resolving various genuine issues and grievances the Muslim community has faced, he noted.

“From the day we stepped down, voters and district leaders in our electorates have been appealing to us to represent them in the Government. Last weekend, our party’s Deputy Leader Sajith Premadasa made a personal appeal for the Muslim community to have faith in the Government and stand with them to serve the country and all its religious and ethnic groups. I am, especially, grateful for the statesmanship and political courage that Premadasa has demonstrated by taking such a stand in the face of stiff political opposition.”

The President has invited Hashim to participate at the National Security Council and has decided to hold weekly meetings with Muslim political leaders in his capacity as President and Minister of Defence, Public Security, Law and Order, to assure that Muslims receive equal protection under the law.

However, PM Wickremesinghe was up in arms over the re-appointment of Kabir Hashim and Abdul Haleem as Ministers claiming he was kept in the dark regarding the re-appointments. The nine Muslim Ministers who resigned with the two are also vexed over the issue saying that they had reached a consensus that all of them will return to the fold and that Rishad Bathiudeen should also be re-appointed.

The 18 Muslim Parliamentarians convened a meeting with MP A.H.M. Fowzie and Rauf Hakeem on 18 June to discuss the issue of all former Muslim Ministers getting back to their Ministerial posts. During this meeting, a proposal had been mooted that they should all re-take the posts while a counter proposal was made that if they were to regain their Ministerial portfolios then it should apply to former Minister Rishad Bathiudeen as well. The meeting then ended without a final decision. A powerful Minister was also present to further discuss the issue. At this meeting, a decision had been reached that because all had resigned together, then they should re-join together as well.

Despite such a decision, former Ministers Hashim and Haleem being sworn into their previous posts by the President had angered the other former Muslim Ministers.

 The Premier had stated that no Members to the Cabinet can be sworn in without the Prime Minister’s consent and had further alleged that appointments had been effected without his blessings.

Wickremesinghe noted that all former Muslim Ministers had resigned after having briefed him, and only two former Ministers being re-appointed to the Cabinet while keeping him in the dark cannot be condoned.

 The Premier had made these remarks during the UNP Working Committee meeting held at the Party Headquarters, Sirikotha.

Leader of the House and Minister Lakshman Kiriella had also criticised the decision taken by the President to re-appoint Hashim and Haleem to the Cabinet without having briefed the Premier beforehand.

Meanwhile, a group of UNP Working Committee members led by Deputy Leader Sajith Premadasa have vehemently protested against Leader Wickremesinghe’s attempt to appoint a group of SLFP members, who pledged support to the PM-led Government against President Sirisena’s decision to appoint Mahinda Rajapaksa as the Prime Mnister last October, and Minister Patali Champika Ranawaka as an electoral organiser.

The decision to appoint Ranawaka as the organiser of Maharagama electorate came under a scathing attack by the Sajith’s camp who protested giving such post to a non-party member.

“If he desires to be appointed as the electoral organiser he might as well join the party and take UNP membership. It is certainly not advisable for an outsider to be appointed as our party’s electoral organiser,” they pointed out.

Presidential polls

Meanwhile, with Presidential Elections in the offing within next six months all parties have renewed their efforts in selecting a proper candidate to the post of first citizen of the country.

It is quite evident that UNP backbenchers with the blessings of some senior ministers have once again launched a campaign to promote Minister Sajith Premadasa as party’s Presidential Candidate.

However, PM Wickremesinghe has remained silent when he was asked as to who should be party’s candidate when the Working Committee met at Sirikotha.
On the other hand the Joint Opposition led by Opposition Leader Mahinda Rajapaksa by the end of last week was able to set their differences aside and agree to support their leader’s final decision on the Presidential Candidate.

Meanwhile, several party leaders who earlier had differences with Baisl Rajapaksa has also appeared to have patched up with the latter and agreed that whatever the election that may come they will lead the campaign managed by Basil Rajapaksa.

These decisions were reached on the backdrop of President Sirisena promising that an honourable decision which will not cause injustice or embarrassment to the party or its supporters would be taken by the Sri Lanka Freedom Party (SLFP) at the next Presidential Election.

He said this at a meeting with women Local Government politicians representing the SLFP Women’s Front at the party headquarters.

The President said the future activities of the party will be streamlined using a strong political programme that would benefit all SLFPers.

The Opposition Group meeting that was convened heated up with Gampaha District Parliamentarian Prasanna Ranatunga pointing out that SLFP General Secretary Dayasiri Jayasekara making derogatory remarks would have grave repercussions.

“We don’t know what his agenda is. But what is the point of attacking the Rajapaksas, SLPP or JO while holding discussions to form an alliance. What is this double standard? Of course, if we start responding and retaliating for all his remarks Dayasiri will have no place to hide,” he said.

UPFA General Secretary Mahinda Amaraweera pointed out that both parties engage in verbal attacks that hurt one another.

Opposition Leader Mahinda Rajapaksa intervening said that all must bear in mind what the priorities are and be mindful before opening their mouths.
“Especially, those who hold responsible posts in the party should think twice or thrice before saying things,” he pointed out.

Both Jayasekara and MP Duminda Dissanayake have been continuously critical about Rajapaksas.

The Rajapaksas have ruled the country more than enough and therefore the electorate must choose a leader not related to the Rajapaksa family for the upcoming Presidential poll and at the Parliamentary election that would follow, National Organiser of the SLFP, former Minister Duminda Dissanayake said.
He added that the time is ripe for other leaders and aspiring and energetic youth of the SLFP and the SLPP to come forward to replace the Rajapaksas.

“There is no doubt that the Rajapaksas have done much for the country that culminated with playing a major role to end the separatist war. But that does not mean they have an inherent right to dominate the political power in this country forever. Now is the right time to make a change to this subservient attitude among voters,” Dissanayake stressed.

Dissanayake, commenting on remarks made by SLFP General Secretary Jayasekara that all Rajapaksas will be in the Cabinet if they came to power at the upcoming polls, said it was true that when Jayasekara became Chief Minister of the Northwestern Province in October 2013, Mahinda, Basil, Chamal, Namal, Nirupama and Shashindra were in power and Gotabaya was the all powerful Defence Secretary.

 “Does the SLPP have a second tier leadership? What will happen to the party if and when the domination of Rajapaksas comes to an end?” Dissanayake asked. “But all of them were rejected at the Presidential Election in January 2015. Therefore, bringing them back to power is not the answer,” Dissanayake stressed.

Responding to a question asked by a journalist at a UPFA news briefing at the SLFP office as to whether Gotabaya Rajapaksa would be the party’s Presidential candidate, Dissanayake retorted that the prospect of him contesting is a distant dream.

“I don’t think the US State Department will let him renounce his US citizenship. If the US Government has no issue with it he would have been given that opportunity by now. If he is now officially a Sri Lankan citizen and has renounced his US citizenship as they claim, all he has to do is to show the letter that permitted him to renounce his US citizenship to the public. It is as simple as that. But he is still to do it. Besides, why do you keep asking this question all the time? It is not good for him because he is recuperating after heart surgery,” he said.

Dissanayaka pointed out that incumbent President and SLFP Leader Maithripala Sirisena was the choice of all SLFPers as the party’s Presidential Candidate and he did not see why this stance has to be changed. But it is hoped that he would also get the backing of the SLPP, so that he would then be the candidate of an SLPP – SLFP alliance, assuring him of victory.

Govt. faces legal challenges in bid to resume hangings

by Amal Jayasinghe-June 30, 2019, 10:25 pm

President Maithripala Sirisena is facing fresh legal challenges in his attempt to end a 43-year moratorium on capital punishment and start executing drug convicts, officials said Sunday.

Two petitions were filed in the Court of Appeal Friday seeking an order quashing any move by Maithripala Sirisena to resume executions, which have not been carried out since the last hanging in June 1976.

"The Court of Appeal will have a preliminary hearing next week. In the meantime, the prisons commissioner has given an assurance to court that there will be no hangings," a court official told AFP.

On Wednesday, Sirisena said he has completed formalities to resume hangings by signing the death warrants of four condemned drug convicts. He did not say when the executions would be carried out.

Justice ministry sources said they were yet to fill the vacancies for two hangmen, although more than a dozen candidates had been shortlisted for the job.

Although the last execution was more than four decades ago, an executioner was in post until his retirement in 2014. Three replacements since have quit after short stints at the unused gallows.

There has been a mounting chorus of international criticism of Sirisena’s announcement.

Justice ministry sources said, however, there would have to be a lengthy administrative process before an execution took place.

A High Court judge who condemned a convict would have to make a fresh recommendation whether to carry out the death penalty or not. The condemned prisoner also has the option of making a clemency plea to the president.

"I have signed the death warrants of four," Sirisena told reporters at his official residence on Wednesday.

"They have not been told yet. We don’t want to announce the names yet because that could lead to unrest in prisons."

Death Penalty: Licence for Judicial Killings?

• Death row women are subjected to multiple forms of gender bias
• 19,336 people were known to be under sentence of death globally at the end of 2018
• Names of the four persons against whom the death warrant has been signed is yet to be announced

1 July 2019 

Last year, on October 2, Iran executed a 24-year-old woman, Zeinab Sekaanvand, who was a child at the time of her alleged offence. Under international law, she should have been excluded from the death penalty. She was also, like many child brides, a survivor of gender-based violence. Born into a poor and conservative family, she was married at the age of 15 to a man who had turned abusive and violent. She appealed to the authorities and her family to protect her from both her husband and her brother-in-law, who she claimed had sexually abused her repeatedly, but her pleas went unheard. When she was 17, her husband was found dead, and she confessed to the crime under police torture. At her trial hearing -- when she was finally appointed a lawyer -- she retracted her confession, but it was too late: the court sentenced her to death.   
Alice Nungu, was a Malawian woman who was sentenced to death after killing her abusive husband while defending herself and her elderly mother from his drunken attack. In 2015, a court finally heard about the years of intense abuse that Alice endured before sentencing, and ordered her immediate release. She had languished on death row for over 12 years, fading from HIV, inhumane living conditions and lack of food. Only weeks after her release, Alice died, with her mother by her side.   
Though there are women in death row in Sri Lanka, not much information is available about gender dimensions of those facing the death penalty. But international research indicates that women who are sentenced to death are subjected to multiple forms of gender bias. That women who are seen as violating entrenched gender norms are more likely to be subject to the death penalty and that most women are sentenced to death for the crime of murder, often in relation to the killing of family members and in a context of gender-based violence.   
In Jordan for example of 16 women on death row, all but one were convicted of killing a close family member who traditionally wields authority, creating the potential for abuse: a husband, a father, or a mother-in-law.   
Two weeks ago, on June 14, in the US, Charles Ray Finch was exonerated of all charges, 43 years after he had been sent to the death row! Earlier this year, also in the US Clifford Williams Jr., was exonerated 42 years after having been sentenced to death. Since 1973, exoneration had taken more than 30 years each for ten persons. All of them have been black. Williams and Finch were the 165th and 166th persons respectively to be exonerated after being given the death penalty in the US, over a period of 36 years, an average of more than four exonerations per year. The 166th came just before the 1500th execution on June 20, 2019.

Sri Lanka’s new licence for Judicial Killings

Sri Lanka’s last execution was in 1976 and since then, there has been a moratorium on the use of death penalty. Although death sentence remained in our laws and courts regularly imposed the death penalty, successive Presidents didn’t sign the death warrant.   
But on June 26, the International day in support of Victims of Torture, media announced President Sirisena had brought back the death penalty, a cruel, inhumane and degrading punishment, breaking the 43 year long moratorium upheld by all Sri Lankan Presidents. Sri Lanka, a country notorious for extra-judicial executions for the last several decades, is on the verge of becoming notorious now for judicial executions.   
The names of the four persons against whom the death warrant has been signed is yet to be announced. As of early this year, 1299 persons were reported to have been on death row. All those on the death row, and all of their families, must be in agony and trauma, not knowing whether they or their loved ones are among the first four to be executed or when their turn might come. Media quoted Prison officials as saying that most on the death row were stressed, not eating and feeling faint.   

Why say ‘NO’ to Death Penalty

The death penalty is an irreversible form of punishment which grants no space to consider new evidence that may emerge after a conviction is made, for example through new technology, indicating a wrongful conviction. As has been mentioned above, people wrongly convicted have been released from death row decades after they were put there as new evidence has shown they were wrongfully convicted. The Human Rights Commission of Sri Lanka has pointed out that persons wrongly convicted had been later released from the death row or prison from countries such as US, UK and Canada. The Commission has pointed out a case in the US, where a convicted man was released after 23 years in prison for several crimes, and the lead investigator and the judge had later claimed his conviction was a miscarriage of justice.   
The Commission has also noted alleged prosecutorial misconduct leading to conviction of innocents in Sri Lanka. Like everywhere else, wrongful convictions are possible in Sri Lanka, especially given serious deficiencies in the criminal justice system, including a lack of easily accessible, quality, legal aid for the poor and vulnerable -- during trial and appeal. Thus, it is the poor that are more likely to face wrongful convictions. There is no evidence in Sri Lanka or any part of the world that the death penalty has prevented or reduced crimes.   
It is possible and necessary to oppose the death penalty and support constructive measures to address crime, including drug related crime. It is crucial to work towards prevention of crime, by guaranteeing all human rights for all -- both civil and political rights and economic, social and cultural rights. If some detainees are engaged in drug-related offences from within prison grounds, security in prisons must be strengthened, including through the use of new technology and holding prison officials accountable for allowing drugs inside prison.   

International commitments and trends

Last year December, Sri Lanka was among the 121 countries, the largest number ever, that endorsed a UNGA Resolution calling for a moratorium on the Death Penalty. Sri Lanka joined 120 other countries in noting that any miscarriage of justice in the implementation of death penalty is irreversible and irreparable and that there is no conclusive evidence of the deterrent value of the death penalty. Sri Lanka also joined the collective global expression of deep concern about the continuing application of death penalty and encouraged states which had moratoriums to maintain it. Six months later, Sri Lanka now appears to be on the verge of reversing the longest moratorium, instead of progressing to abolish death penalty. Death penalty for drug related offenses also violates Article 6 of the International Covenant for Civil and Political Rights, to which Sri Lanka is a party to and is considered to be unlawful killings under international law.   
According to Amnesty International(AI), the number of countries implementing judicial executions as well as passing death sentences is on the decline. AI says there have been at least 690 executions in 20 countries in 2018, down by 31% from 2017 (at least 993 executions), representing the lowest number of executions that AI has recorded in the past decade. AI had recorded at least 2,531 death sentences in 54 countries in 2018, a decrease from the total of 2,591 reported in 2017. At least 19,336 people were known to be under sentence of death globally at the end of 2018. Over 170 countries have either abolished the death penalty or taken a position in favour of ending executions by introducing moratorium in law or practice. Fewer than 40 countries continue to uphold the practice. According to the UN, as of May 23, 2019, 87 countries had ratified second Optional Protocol to the International Covenant on Civil and Political Rights calling for the abolishing of the death penalty.   

Religious teachings against killing

As a Roman Catholic, a fundamental precept I believe in is “Thou Shalt not Kill”.Pope Francis has been forthright and taken a consistently principled position that human life is sacred and the death penalty is “an inhuman measure that humiliates human dignity, in whatever form it is carried out” and that it is “contrary to the Gospel.” However, last year, Archbishop Cardinal Malcolm Ranjith, in a statement issued in July, said that he supports the implementation of the death penalty in certain cases. He said perpetrators of gruesome crimes could be considered as having forfeited their own right to life, and whatever punishment was given by courts should be implemented. Less than two weeks after Cardinal Ranjith’s statement, the Vatican issued a letter to the Bishops on August 1, categorically stating that the death penalty is inadmissible and unnecessary even when used to protect the lives of innocent people. The Catholic Bishops Conference of Sri Lanka followed this up with a statement of their own on August 9, 2018 that quoted extensively from the Vatican’s letter and made it clear that they unequivocally opposed the death penalty. Cardinal Ranjith had reversed his earlier position and signed up to this statement.   
The first precept of Buddhism in this Buddhist majority country is to abstain from killings (Pāṇātipātā veramaṇī sikkhāpadaṃ samādiyāmi).   
The Death Penalty -- or Judicial Killings -- is against Sri Lanka’s international obligations and religious and spiritual values, which uphold sacredness of life. We must oppose it, demanding in the short term to maintain the moratorium, and in the long term to abolish the death penalty from domestic laws and ratify the second Optional Protocol to the International Covenant on Civil and Political Rights that calls for the abolition of the death penalty.  

Sri Lanka hires first two hangmen in 43 years

Protests took place outside the Welikada prison on Friday

29 June 2019

Sri Lanka has recruited two hangmen as it prepares to carry out four executions - the first in 43 years.

It follows the president's announcement that four prisoners convicted of drug offences are to face the death penalty.

The hanging will end a moratorium on capital punishment that has been in place since 1976.

Over 100 candidates responded to an advert posted in February for executioners with "strong moral character".

They needed to be Sri Lankan, male, aged 18-45 and possess "mental strength".

State-owned media Daily News said two Americans and two women had also applied.

A prisons spokesman said the two successful candidates needed to go through final training which would take about two weeks.

• Sri Lanka advertises for 'moral' hangmen
• Sri Lankan hangman resigns in shock
• Sri Lanka hires new hangmen

The last hangman resigned five years ago after seeing the gallows and going into shock.

Another was hired last year but did not show up to work.

Why reinstate capital punishment?

In Sri Lanka, rape, drug trafficking and murder are punishable by the death penalty but no executions have taken place since 1976.

President Maithripala Sirisena said capital punishment was being reinstated to clamp down on the drugs trade in Sri Lanka.

Political analysts say the move will boost his popularity in the lead-up to an election due to take place by the end of the year.

Protesters accuse the president of using capital punishment to garner popularity among voters

"I have signed the death warrants of four," President Sirisena said. "They have not been told yet. We don't want to announce the names yet because that could lead to unrest in prisons."

He said there were 200,000 drug addicts in the country and 60% of prisoners were in jail due to drugs charges.

What's the international reaction?

Along with the UK, France and Norway, the EU has condemned Sri Lanka's decision to revive capital punishment.

"The death penalty is a cruel, inhuman and a degrading punishment, and the EU unequivocally opposes its use in all circumstances and all cases," the EU statement said. "While the Sri Lankan authorities have cited the need to address drug-related offences, studies show that the death penalty fails to act as a deterrent to crime."

Amnesty International said it was "shocked" and "outraged" by the president's announcement and argued that executions for drug-related offences were unlawful because they did not meet the threshold for "most serious crimes", such as intentional killing.

"At a time when other countries have come to the realisation that their drug control policies are in need of reform, and are taking steps to reduce the use of the death penalty, Sri Lanka is bucking the trend," said Biraj Patnaik, AI's South Asia director.

"This will be devastating to the country's international reputation and we hope that President Sirisena will reconsider his decision," he added.

US-SL Draft SOFA Reveals American Plan To Turn SL Into Military Colony But Mangala Says ‘No Danger’

U.S. troops | File photo

JUNE 30, 2019

The draft copy of the ‘Status of Forces Agreement’ indicates a deep rooted plan by the U.S. to turn Sri Lanka into an American military colony.

The full text of the five page SOFA draft – which the Americans now also call the Visiting Forces Agreement to mislead locals – has been obtained by the Sunday Times and published in full.

The text reveals incriminating details of demands made by the U.S. to accommodate their military forces and the free movement and passage for military personnel, vessels and aircraft in Sri Lankan territory.

It also raises many questions regarding the U.S. agenda for Sri Lanka and raises serious doubts on the assurances given by U.S. Ambassador Alaina B. Teplitz that a U.S. military base would not be established in the country.

One of the agreement clauses specifically refers to waiving off of regulations or conditions for contracting material, equipment and supplies for services including constructions that are to be ‘furnished and undertaken in Sri Lanka’.

What constructions the American military seek to undertake in Sri Lanka, has not been clarified yet.

Among the other demands that pose serious issues for national security, sovereignty and territorial integrity, is the demand to waive off criminal jurisdiction over U.S. personnel while in Sri Lanka, free exit and movement within the territory of Sri Lanka and the use of radio spectrum in the country.

The clause to waive off Sri Lankan criminal jurisdiction over US troops on Lankan territory has however been objected to and rejected by Foreign Minister Tilak Marapana during the recent U.S – SL partnership dialog. During a debate over the SOFA in Parliament, Minister Lakshman Kiriella also assured it has not been agreed upon and will be amended.

Outspoken Minister Mangala Samaraweera who is named as a party who pushed the SOFA signing forward without consultation of the Defense Ministry, at a press conference last week continues to assure the agreement poses no danger and instead warns the delay to move forward with the signing, could lose economic benefits and major job opportunities for Sri Lanka.

Among others who support SOFA are those who claim of possible loss of economic benefits, by being ‘unwelcoming’ of U.S. troops.

This however is a grossly misleading statement, given that demands made in the draft SOFA call for due payments including landing fees, port fees, pilotage charges, literage, harbour fees, payment of navigation, overflight and terminal charges, taxes, tolls and similar charges at Ports, Airports and other facilities to be waived off.

In cases where they may be settled by the U.S. Department of Defense – the agreement demands the charges be no more than what is paid by the Sri Lankan military.

This is much like the claim made by the U.S. Embassy in 2017 when the USS Nimitz visited Sri Lanka and the Mission claimed the visit would approximately add Rs. 1.5 billion to the Sri Lankan economy.

Fact is not a single U.S. military personnel from the Nimitz aircraft carrier actually came on shore and engaged in ‘local economy boosting’. The troops did not come on shore claiming ‘logistical issues’ while the aircraft carrier was seen in the distant horizon throughout the duration of its visit to Sri Lanka.

The agreement also calls for exemptions from any inspections, licenses, customs duties, taxes and other restrictions or charges assessed within Sri Lanka as well as freedom from boarding and inspection, which means no local law enforcement or military authority including Sri Lanka Navy or Coastguard would have a say in U.S. military vessels or their troops nor be subjected to local laws while in Sri Lankan territory.

Below is the full text of the draft SOFA as published in the Sunday Times:

28TH August 2018

(1) The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka and has the honour to refer to recent discussions between representatives of our two Governments regarding issues related to United States (U.S) military and civilian personnel identified as members of the U.S Department of Defence, respectively, hereafter referred to collectively as U.S. personnel) and U.S. contractors (defined as non-Sri Lankan companies and firms, and their employees who are not nationals of Sri Lanka, under contract to the U.S. Department of Defence who may be temporarily present in Sri Lanka in connection with ship visits, training, exercises, humanitarian activities, and other activities mutually agreed. Companies and firms, and their employees, not under contract with the U.S. Department of Defence shall not receive any privileges and exempt under this Agreement.

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SRI LANKA: PROBE AGAINST KURUNEGALA COPS FOR CREATING THE STERILISATION SCARE

Image: Dig  Kithsiri Jayalath

By Aanya wipulasena-30/06/2019

Over a month after the country was crippled by a mass illegal sterilization scare that led to the allegedly unlawful detention of a Muslim doctor, the police high command is now mulling taking action against the police officials involved in orchestrating the plot.

In a stunning revelation the CID exposed the elaborate plot that was undertaken by Kurunegala OIC (Crimes) Nishantha Pushpalal and Kurunegala DIG Kithsiri Jayalath to frame the accused doctor, and the use of the press to create a public panic around the case.

Giving evidence before the Kurunegala Magistrate on Thursday (27) CID revealed that the Kurunegala police had doctored a report to justify the Muslim doctor’s arrest.

Dr. Seigu Shihabdeen Mohamed Shafi a Senior House Officer at the Kurunegala Teaching Hospital was detained under the Prevention of Terrorism Act (PTA) on May 24.

After recording statements from over 600 women, six VOGs, 12 assisting doctors, 70 nurses and 18 members of the minor staff, the CID presented a 200-page report to the Magistrate. Of the 600 women only 147 had grievances that need to be further probed.

The report also shows how the Kurunegala police have backdated a statement, recorded complaints after arresting the suspect, and how a journalist was given the tip-off to publish the controversial story. Though the said journalist was told by the police that it was just a ‘rumour’ his newspaper article claimed as many as 4,000 women had been illegally sterilized.

A Fundamental Rights (FR) petition filed at the Supreme Court by Dr. Shafi states that even after a month of his detention there was no evidence to prove that he has sterilised women during caesarean sections. The FR further states that his detention was an illegal abuse of power by the OIC of the Kurunegala Police Station and the Kurunegala DIG, Kithsiri Jayalath.

Inspector Nishantha Pushpalal, OIC, Kurunegala Police Station, DIG Kurunegala Kithsiri Jayalath, Director CID Shani Abeysekera, Defence Secretary Gen. S.H.S. Kottegoda and Acting IGP Chandana Wickremaratne and the Attorney General have been cited as respondents in Dr Shafi’s petition.

Officials familiar with the investigations told the Sunday Observer it is yet to be decided whether action will be initiated against the police officials, and a special inquiry will be launched by the police department into the police officers’ undue influence in the case.

Acting IGP calls for report

By Maneshka Borham

Acting Inspector General of Police Chandana Wickramaratne has called for a report from Senior DIG, Criminal Investigations Department, Ravi Seneviratne on the investigations into the allegations against Dr Shafi Shihabdeen, a doctor attached to the Kurunegala Base Hospital.

According to Police Spokesman SP Ruwan Gunasekara, the Acting IGP decided to call for a report following a written complaint filed by parliamentarian Ven. Athuraliye Rathana Thera on Friday evening at Police Headquarters. In his complaint, the Thera had claimed he was not satisfied by the investigations carried out by the CID into the case. “Therefore, the Acting IGP has now called for a report” Gunasekara confirmed.

On Thursday (27) CID investigators led by the OIC of the Gang Robberies Unit IP Nishantha Silva informed the Kurunegala Magistrate’s Court that there was no evidence to prove the allegations against the doctor.

Following a newspaper report, the doctor had been accused of conducting illegal sterilization of female patients. He was arrested on May 25 over allegations that he had amassed assets in a suspicious manner.

The CID has recorded over 750 statements in their investigations into allegations made against Dr Sihabdeen.

SO 30.06.19

CID’s damning report sends shockwaves

By The Sunday Morning News Desk-JUNE 30, 2019 

Severe shortcomings and irregularities including the submission of fabricated and falsified facts by high-level Police officials in relation to the case filed against Dr. Seigu Siyabdeen Mohammed Shafi attached to the Kurunegala Teaching Hospital, have been unearthed by the Police Criminal Investigation Department (CID). The Kurunegala Magistrate’s Court was subsequently informed of the CID’s findings.

The CID had further noted that there was no substantial proof to support the charges for which Dr. Shafi was arrested.

All this was revealed when the case was taken up for hearing on Thursday (27) at the Kurunegala Magistrate’s Court.

The 42-year-old doctor, a resident of Weerasinghe Mawatha, Gettuwana, Kurunegala, was arrested by Kurunegala Police on 25 May over three charges, which included obtaining money from a terrorist organisation and purchasing property, to avert a conflict between communities due to the prevailing tense situation in the area, and to prevent the suspect fleeing the area.

However, on 27 May, upon the instructions given by the acting Inspector General of Police (IGP), the doctor was handed over to the CID by the Kurunegala Police and he was detained under the Prevention of Terrorism Act (PTA) and is currently under investigation by the Department.

On Thursday (27), producing a 210-page B report prepared by the Gang Robberies Investigation Unit Officer in Charge (OIC) IP Nishantha Silva which included the summary of all statements recorded by the Department during their investigation held so far, ASP Tissera made a three-hour long presentation to the court explaining all aspects of the investigations done by the CID.

Irregularities of Kurunegala Police

Speaking to The Sunday Morning, Attorney-at-Law Hejaaz Hizbullah appearing on behalf of Dr. Shafi said that there was no evidence presented to the court by the CID with regard to allegations made against Dr. Shafi.

“The CID has informed the courts that they have found no evidence so far to prove the sterilisation allegation made against Dr. Shafi.”

In addition to the progress of the investigation exonerating the beleaguered medical professional, Hizbullah claimed that ASP Tissera pointed out several severe lapses, shortcomings, and irregularities on the part of Kurunegala Police in relation to the arrest of Dr. Shafi and the probes on him.

It is now learnt that the very statement recorded from a doctor at the Naula Hospital, which led to the arrest, had been subject to irregularities. Although in the report sent to the CID Director, the Superintendent of Police (SP) Kurunegala had claimed that the initial statement (i.e. first information) from the Doctor was recorded on 24 May 2019 at 1600h at the Naula Hospital, the said doctor had revealed that at the behest of SP Mahinda Dissanayake of the Kurunegala Police, the statement had been recorded on 25 May, 2019 at the Naula Police Station.

It was also revealed that SP Dissanayake had inserted false information into statements after Dr. Shafi had been arrested and documents had been backdated in order to give legality to the arrest. Therefore, there was absolutely no proper information leading the arrest while the report that had been forwarded to the Director CID was a fabricated document. Furthermore, the said doctor made a statement with regard to an incident that allegedly occurred in Dambulla Hospital and therefore, the jurisdiction and scope were outside that of Kurunegala.

“As an example, ASP Tissera highlighted that the Police had just said that there was a ‘suspicion of terrorism’ but they have not bothered to check with the Terrorism Investigations Department (TID) and other security arms whether there was any evidence against this person or whether they have had any material against him,” Hizbullah said.

“As explained by ASP Tissera, there were lots of discrepancies and severe irregularities with regard to the report submitted by the Kurunegala Police to the CID especially regarding the recorded statements. For example, they said the statement was recorded before the arrest but actually it was recorded after the arrest,” Hizbullah noted.

The CID informed the Court on how the arrest of Dr. Shafi had been made by Inspector of Police (IP) Nishantha Pushpalal of the Kurunegala Police to investigate him over three charges including whether he had received funds from a terrorist organisation and whether he used those funds to buy assets. According to the CID the arrest was also made to avoid any conflict between the said doctor and the other party concerned as well as to preserve the peace in the area and to prevent the suspect from absconding as some information had suggested.

he CID also stated in its B Report that the details with regard to the first charge had not been revealed to the Police prior to the arrest and if there was a possibility of unrest erupting in the said area (second charge) the Police could have ensured the peace of the area, and with regard to the third charge, that the suspect still could be arrested if there was a reasonable suspicion that he had committed a cognisable offence, under Section 32 of the Criminal Procedure Code (CPC).

It was noted that to obtain the Detention Order (DO) and to arrest the suspect, the statements made by Dr. Deepani Nandasena had also been used. The CID informed court through the B Report that they had requested two hospitals – Dambulla and Galewela – to submit comprehensive reports regarding the caesarean and LRT surgeries performed by the suspect while he was working in these two hospitals.

In addition, the complaints received by the Dambulla Hospital were currently being investigated and since the said hospital did not come under the jurisdiction of the Kurunegala Magistrate Court, the CID stated that the necessary action would be taken to submit a separate report to Dambulla Magistrate Court.

It is further observed that although Kurunegala DIG Kithsiri Jayalath had alleged that he had received intelligence reports that inter alia Dr. Shafi was siphoning money from National Thowheed Jamath (NTJ) and was said to have provided false information to a national newspaper, around 10 security and intelligence arms had no recording of the suspect being linked to any terrorist activity whatsoever and that surveillance by the CID Technical Assistance Unit had not yielded that Dr. Shafi had any connection via telephone with anyone already arrested in suspicion of being NTJ members.

Allegations of non-consensual sterilisation

Attorney-at-Law Hizbullah said that there was no evidence whatsoever presented to the court by the CID with regard to allegations of non-consensual sterilisation made against Dr. Shafi.

“The CID has informed the courts that they have found no evidence so far to prove the sterilisation allegation made against Dr. Shafi.”

“The Police had questioned all the VOGs who supervised Dr. Shafi, all the doctors and nurses who assisted him, and also technicians, minor employees who worked with Dr. Shafi in the hospital in caesarean operations and nobody has ever seen him doing anything mentioned in the allegations,” Hizbullah noted.

“The CID itself had monitored a caesarean proceeding and seen how it happened. A photograph was presented to the magistrate and they show three people in surgical attire looking over a patient in a strong flash light and all are focused on what is happening there. Nobody is looking at any other angle and practically everyone sees what happened there,” he stressed.

However, according to the report submitted by the CID to court, Dr. Shafi had performed 4,300 caesarean surgeries and out of which 838 patients complained of complications as per a report prepared by the Director of the Kurunegala Teaching Hospital, following an order issued by the court.

The report claims that out of 156 caesarean surgeries performed from 2007.07.20 to 2007.12.31, only three complications have been recorded. From 2008.01.01 to 2008.12.31, a total of 407 caesarean surgeries had been performed and out of that 16 complications had been reported.

In the same period in 2009, 425 surgeries and 27 complications; in 2010, 572 and 38 complications; in 2011, 34 complications out of 408 surgeries; in 2012, 38 out of 382; in 2013, five out of 66; from 2017.02.17 to 2017.12.31, 731 caesarean surgeries had been conducted and out of that, 233 complications had been recorded and from 2018.01.01 to 2018.12.31, 776 surgeries had been performed by Dr. Shafi out of which there were 301 complications reported while 143 complications had been reported out of 377 caesarean surgeries performed in the period between 2019.01.01 and 2019.05.23.

According to the defence attorney, the aggrieved party was harping on about a report submitted by the Kurunegala Hospital Director in which he claimed that even without damaging the fallopian tube, one was still capable of causing sterilisation.

“The CID apparently submitted a report which it had received but ‘didn’t have time to peruse’. But for some inexplicable reason, it was with the hands of the victims. And still the ‘victims’ didn’t want to be subjected to the fallopian tube test or HSG,” he explained.

The Hysterosalpingography (HSG) test is usually done with radiographic contrast medium (dye) injected into the uterine cavity through the vagina and cervix. If the fallopian tubes are open, the contrast medium will fill the tubes and spill out into the abdominal cavity. It can be determined whether the fallopian tubes are open or blocked and whether the blockage is located at the junction of the tube and the uterus (proximal) or whether it is at the end of the fallopian tube (distal).

“But patients said that they don’t want to do the HSG and they had reservations not clearly articulated, but Court then suspended the test,” Hizbullah explained.
According to him, there was also a move to appoint the Director as the head of the medical panel that was conducting the medical aspect of the test to which the defence objected quite vehemently. Thereafter, the court instructed the Police to go back to the medical body and come up with a solution within two weeks.

Alleged links to a terrorist organisation

The alleged links between Dr. Shafi and a terrorist organisation had also been investigated by the CID and so far, the CID had not found any evidence to prove this allegation as well, the CID informed the court.

Accordingly, the defence attorney told The Sunday Morning that the CID stated that there was no evidence to suggest that he was a member of the NTJ that carried out the 21 April Bloody Easter bombings.

“There is no evidence that he even spoke to anybody who was suspected of terrorism. His telephone number has not appeared in any surveillance system; there is no statement or suspect to talk about it. None of the investigative or intelligence arms of the Government has found any basis or evidence to say that he is anyway connected to terrorism,” he said.

ASP Tissera informed court that there appeared to be no basis to keep him in detention and therefore, he would be making a suitable representation to the Defence Secretary with regard to revoking the detention order against Dr. Shafi obtained under the PTA.

In its report, the CID stated that it conducted thorough investigations to see whether there was any connection between Dr. Shafi and the Easter Sunday suicide bombers, but none of the connections had so far been revealed.

Accordingly, 10 security divisions including the Kurunegala Police, Police Special Task Force, State Intelligence Service, Criminal Records Division, Terrorist Investigation Division, Western Intelligence Division, Police Special Bureau, Naval, Air Force, and Military Intelligence divisions revealed that Dr. Shafi had no records of terrorist activities.

According to the CID, it had also been reported that Dr. Shafi maintained connections with an NGO called Al Thawul Associated (Guarantee) Ltd. and it was revealed that he helped the Muslim community through that NGO. The bank details of the transactions from the NGO to Dr. Shafi had also been revealed during the investigation and the CID sought an order from the Magistrate to get the detailed bank reports from two banks.

Allegation on misappropriated assets

Explaining the progress of the investigation into the alleged misappropriated assets, the CID informed courts that it had not found evidence to prove the allegation but further investigations were being conducted.

According to the defence attorney, the CID informed courts that Dr. Shafi’s monthly income was around Rs. 1.9 million and he had invested close to Rs 37.7 million to purchase properties and vehicles, but it had found no evidence to prove that he had earned those assets in an unlawful manner.

“He had several businesses and he secured an income of Rs. 1.9 million a month and he and his wife have sold car permits, earning quite a bit of money out of that as well,” Hizbullah noted, as revealed by the CID to court.

Furthermore, the CID launched an investigation into the bank accounts of the suspect. But so far, out of 21 financial institutions, only three institutions had been able to issue reports, and out of those three reports, it had been mentioned that the suspect had not engaged in financial activities with two institutions and the other financial institution has stated that the suspect had obtained a credit card from the said bank. The CID made an application to the Magistrate to order respective financial institutions to provide that information in order to conclude investigations.

“They have looked at all his assets and there does not seem to be anything abnormal about it,” Hizbullah said.

In addition, a comprehensive investigation is currently being conducted on the assets of the suspect and following the statements recorded from the previous owners of the properties bought by him and the witnesses who signed when transferring the ownership of those properties, no suspicious or irregular activity had been reported.
When contacted, the Kurunegala Police OIC stated that he had submitted the initial report to the Kurunegala Magistrate Court and that it was the CID that was currently investigating the matter.

The case was postponed until 11 July.