HRC will look into AG’s Dept 

Avant Garde controversy:

HRC Chief Dr. Deepika Udagama addressing the media on Monday. Commissioner Ambika Satkunanathan looks on (Pic by Ranjith Wimalasiri)

PTA did nothing to prevent terrorism’

By Shamindra Ferdinando-November 17, 2015, 12:00 pm 

Chairperson of the newly constituted Human Rights Commission (HRC) Dr. Deepika Udagama yesterday assured that she would certainly look into the Attorney General’s Department.

Addressing the media at the HRC head office at Kynsey Road, Borella, Dr. Udagama stressed the importance of protecting the independence of the AG’s Department, the judiciary and the police. She was flanked by Commissioners, attorney-at-law H. Ghazali Hussain, attorney-at-law Saliya Pieris, Ambika Satkunanathan and Dr. U. Vidanapathirana.

Dr. Udagama was responding to a query by The Island whether the HRC would intervene in the wake of an influential section of the government questioning the conduct of the AG over his handling of the vexed Avant Garde Maritime Services (AGMS) issue. Asked to explain how the HRC intended to restore public confidence in the AG’s Department, Dr. Udagama said that the HRC would take it up with the AG.

The AG’s Department comes under the Justice Ministry for administrative purposes though the Minister concerned has no statutory powers to give instructions to the AG.

Field Marshal Sarath Fonseka publicly accused both the AG and the Solicitor General of shielding Avant Garde, a charge strongly denied by Justice Minister Wijeyadasa Rajapakshe, PC.

Dr. Udagama emphasised that the HRC would initiate action on its own, depending on the requirement and situation. She cited the swift action taken by them following the police crackdown on HNDA students’ protest in Colombo recently as an example. Having inquired into the incident, the HRC was in the process of studying the available information before making recommendations, Dr. Udugama said.

The HRC intended to play a pivotal role in shaping the state policy, Dr Udagama said, adding that the supervision of the post-war national reconciliation process would be among the priorities. According to her, the HRC would also advice the government on the national reconciliation process. The HRC would also intervene in efforts to reach an agreement on a brand new Constitution, Dr Udagama said, adding that another priority would be reviewing certain controversial laws. The HRC chief called for law reforms as well as abolition of some such as the Prevention of Terrorism Act (PTA). Dr. Udagama asserted that the PTA hadn’t contributed to the defeat of terrorism. Stressing the need for what she called security laws, Dr Udagama declared: "PTA did nothing to prevent terrorism."

Dr. Udagama also explained the HRC role in ensuring Sri Lanka met its international obligations in protecting human rights.

Commenting on the Geneva process, reconciliation and transitional justice, Dr. Udagama asserted that the entire process should be based on human rights laws.

Dr Udagama emphasised that the constitution making couldn’t be solely left to political parties.

Ambika Satkunanathan explained the HRC mandate and its proposed role.

Responding to a query, Dr Udagama said that the HRC lacked the authority to give directives and those failing to carry out its recommendations could be found guilty of contempt of court in accordance with the HRC Act. The HRC chief said she believed in implementing the HRC recommendations through a process of consultation and discussions. A country couldn’t move forward by issuing directives, she said, underscoring the importance of consensus on critical issues.

She said existing laws weren’t adequate to meet international human rights standards, therefore the urgency to address reforms couldn’t be ignored.

Commenting on the resumption of judicial executions, Dr. Udagama said the capital punishment alone wouldn’t alone help control crime.