‘Updating laws, reestablishing Judges’ Institute: solutions to excess remand prisoners’
Updating laws related to bail and reestablishing the Judges’ Institute are two solutions to the problem of excess remand prisoners, Education Minister Professor G.L. Peiris said in Parliament, yesterday. He was speaking at the Committee Stage Debate regarding the 2021 Budget.
The professor said, “There are large numbers of remand prisoners kept in prisons. The main reason for this is the imprisonment of persons who should be released on bail; this policy needs correcting. The Bail Act was passed by House in 1997. At that time, I was the Minister of Justice; I made a significant contribution to it. Our law is very clear: except in four special cases, individuals should be granted bail. Therefore, I believe attitude changes and proper guidance for new judges/magistrates matter in relation to bail and other related matters.”
“I am reminded of the Judges’ Institute we used to have when talking about giving proper guidance for new judges and magistrates. People like the late Anton Sosa were available even at eleven o’clock in the evening for the judges/magistrates to reach out and seek guidance. Today, there are many discrepancies when it comes to the decisions made under the bail law,” he said.
“Sometimes, the decisions of magistrates are not the same. Institutions like the Judges’ Institute need to be revived; and the bail law, updated. I believe Justice Minister Ali Sabry has the ability to do what is necessary to upgrade our legal system,” he said.
Namal pledges to bring Bond Scam, Easter attack culprits to book
The present government will bring the culprits of both the Treasury Bond scam and the Easter Sunday attacks to justice, Youth and Sports Minister Namal Rajapaksa said in Parliament, yesterday.
Minister Rajapaksa also said that the present government will not influence the Judiciary, unlike the previous government that attempted to manipulate not only it, but also the police, intelligence services, and public administration.
Minister Rajapaksa said, “The Opposition MPs are talking as if they just woke up from a deep slumber. They are questioning the impartiality of the Judiciary. However, it is the same people that established the FCID, recruited officers from the AG’s office, and created false allegations and filed cases based on them. The Good Governance Government destroyed people’s confidence in the Judiciary.”
“They talked about my Lamborghini and the Dubai Marriott Hotel. The Good Governance Government brought in a person saying that he is an economic wizard, and he ended up robbing the Central Bank. We will continue the investigation in the CBSL Bond scam and bring all the culprits before justice. Some MPs will probably have to go before courts for having connections to this scam,” he added. The minister said, “The previous government politicised the police and people lost faith in law enforcement. The police arrested CID officers and imprisoned them and national intelligence services were disrupted; it resulted in the Easter Sunday attacks. We will bring everyone that was responsible for the Easter Sunday attacks before justice. We will neither politicise any of these cases nor cover up any investigation results.”
“The previous government is talking about labour rights, but they are the ones that removed large numbers of employees from the Ports Authority. You even went on to imprison 63 Buddhist monks and also destroy public administration.”
The ones who let innocent people suffer those attacks are now shedding false tears about the 11 inmates who died due to a prison riot.
“We know that there are many logistic and other issues related to prisons. Fifty-two percent of those in that prison are drug addicts. We cannot solve these issues by imprisoning them; we must rehabilitate them,” he added.
New Vice-Chancellor candidate evaluation scheme more advanced, transparent: GL
The new evaluation scheme designed to assess candidates who have applied for the post of vice-chancellor of a university is the most scientific, advanced, and transparent process, Education Minister Prof. G.L. Peiris told House, yesterday. It was in reply to the question raised by the Opposition Leader under Standing Order 27.
Professor Peiris said, “The earlier procedure was ad hoc. Now, the final decision on selecting the best candidate is made on the basis of complete reports, which were never available in the past. The records of the different candidates who applied for vice-chancellor posts, their contribution to universities, research records, and innovative skills are today incorporated in the formal written reports, which are prepared by competent persons.”
Prof. Peiris said, “This new procedure enables the attributes of different candidates to be reevaluated to arrive at a correct decision. In my submission, there is a significant improvement of the previous methodology which did not make provisions for any of this information to be available to the people who were going to make the final selection. It has two-stage objective assessments with complete data, which need compulsory furnishing; it is a very detailed scheme of assessment.”
“Each candidate has to be evaluated under sections such as strategic focus, effective leadership, conceptual skills, academic and research excellence, personal integrity, professional communication, and managerial competence. There was never a system like this in universities before. Committee members will carry out a desk evaluation by examining the information provided by detailed reports. Final marks for each criterion will be reached only after interviewing the candidates. I was never interviewed when President Jayawardena appointed me as the VC,” he added.
In reply to concerns raised by the Opposition Leader, he said, “We cannot agree with the argument that voting is more transparent than giving marks when selecting a candidate. For once, if a person is voting for somebody, the one voting should personally know the one who he is casting the vote for; when giving marks, such personal affiliations are not taken into account.”
“We don’t see voting as the best methodology when selecting chancellors for universities. Even the first Chancellor of Aesthetic University was not someone who had educational qualifications related to arts.
What is expected from vice-chancellors is the development of universities. The capability and competence of a vice-chancellor are a university’s foundation for success,” he added.
Justice is the expectation of all citizens: Vigneswaran
Justice is the one clear expectation of all citizens of this country, and the Tamil community is expecting justice for the innocents who were killed at the tail-end of the war, MP C.V. Vigneswaran said.
Joining the Committee Stage Debate in Parliament, yesterday, he said, “They are expecting justice regarding those who were made to disappear from their midst. Tamil political prisoners have been seeking justice for themselves, our Muslim brethren are seeking justice to bury their dead, and our Catholic brethren are seeking justice for those who were killed in the Easter attacks.”
He noted that justice and peace are complimentary. “If we are to ensure peace, the first step would be to obtain justice for all those affected in body and mind. Pope Paul said in 1972 as follows (I quote): “Peace that is not the result of true respect for man is not true peace. A sincere feeling for man is called justice.”
“If you want peace work for justice,” he said. However, he said he doubts the present government is interested in working for peace or justice. “If you had the slightest feeling for your fellow citizens, you would not expropriate the lands of Tamils as done even today. You would not destroy their archaeological sites and heritage symbols. If this government has feelings for the affected and the downtrodden, they would not try to steal from them, but give them help and solace and treat them with love and respect.”
He said that despite a Muslim Minister and a Tamil Minister being present in the government, power is in the hands of the majority. “It is they who decide what is best for us, even in areas where we are the majority. Since Independence, that has been the case. We have no inclusive justice in Sri Lanka: only selective Justice. Nowadays, it is a justice selected for the well-being of Sinhala Buddhists only,” he added.
He alleged that there is a peculiar political culture in the country where rewards and high governmental positions are lavishly distributed only on the basis of how much suffering such individuals have brought to the minorities in this country. He said this culture is prevalent in House as well, where majority Parliamentarians are trying to provoke their minority colleagues; to shut them up from speaking and bringing up facts about themselves and the government.
He alleged that systemic racism is being promoted in the country against Muslims and Tamils. “Racism has become an ideology. It is now being sowed freely in the far corners of the country, and government departments have been made the instruments to promote it. Parliamentarians behaving indecently in the August Assembly are the carriers of this ideology. Even the press is being made into an instrument for it. On the contrary, this country is soon going to suffer by such propagation of negative and vituperative ideas and ideology,” he added.
GNs engaged in anti-COVID-19 duties to receive risk allowance, protective gear: Johnston
Chief Government Whip Johnston Fernando said in Parliament yesterday that the government will provide a risk allowance and protective gear to ‘Grama Niladharis’ (GNs) engaged in duties related to the COVID-19 pandemic. He was responding to a question raised by MP Rohana Bandara during the oral questions round.
Minister Fernando also informed House that a programme will be implemented to recruit more ‘Grama Niladharis’ to fill vacant positions as soon as possible.
Thalatha’s statement, a confession to intimidation of Judiciary: Vasudeva
Water Supply Minister Vasudeva Nanayakkara said that the underlying meaning of former Justice Minister Thalatha Atukorale’s statement is a confession to the effect that that they intimidated the Judiciary during the Good Governance Government. He was speaking at the Committee Stage Debate regarding the 2021 Budget.
Minister Nanayakkara assured that the present government would protect the Judiciary while protecting its independence. He said that former Justice Minister Atukorale’s defence on Ranjan Ramanayake’s behaviour was that he did not intimidate to protect thieves and criminals and against the thieves. He queried if intimidating the justices, even on behalf of the innocent legal. The minister added that intimidating justices is a crime before the Law in Sri Lanka.
He pointed out that a justice is assigned to deliver the verdict if the suspect is a culprit or otherwise. He added that Ranjan, who had come to the decision earlier, instructed the Judiciary to reach his decision. “The conspiracy behind the Easter Sunday attacks will be revealed soon. Moreover, if one analyses the MCC agreement, its background, and as to who needed to expedite the inking the agreement, the real mastermind behind the racket could be identified. I’m not going to say his name here as he is no longer a Parliamentarian,” he said.
He said that it was due to the involvement of Cardinal Malcolm Ranjith that tragic repercussions and conflict could be prevented. His involvement to subdue the Sinhala Catholics was appreciable, even though Harin Fernando criticised his efforts.
He added that three days after the Easter Sunday attacks, conflict ignited in Kuliyapitiya and Minuwangoda and the suspects were arrested. “However, the Good Governance Government took measures to get those suspects released,” he said; “Aren’t these evidences enough to identify the real culprits of the attack, and as to who needed the attack?”
He said at that period, he criticised Dilrukshi Wickramasinghe, who was the then Bribery Commission Director-General. She was a Solicitor-General earlier as well. “Later, she confessed that he was fed up with the politicians as they influenced her every day,” Minister Nanayakkara said. “I ask former Justice Minister Thalatha Atukorale: did she so confess?” Minister Nanayakkara queried. She told him to ask that from Nissanka Senadipathi.
He said further that some had spoken about former Chief Justice Shirani Banfdaranayake’s removal from office. “She was removed may be within 48 hours, but following it, a matter was considered before a committee appointed by the Parliament; and again, passing a resolution in the Parliament,” he said.
“Can the decision be debated in court again? No, because judicial power is with Parliament. Mohan Peiris was appointed by the then President. How did the UNP government remove him? It said that we do not accept that you have been appointed,” he said.
He queried where is such a provision to remove a Chief Justice in such a manner, who has been duly appointed by a President. “You can’t speak of Shirani Bandaranayake’s removal without speaking of Mohan Peiri’s removal” Minister Nanayakkara said. “That was a so grave manner to remove a Chief Justice as it set a precedent.”
He added that whoever does a wrong, wrong is wrong. The minister said that Thalatha Atukorale said that their government did not intimidate the Judiciary. “Why did she say so if they did not do so?” Minister Nanayakkara asked. “There is an underlying meaning in it which is a confession. Unlike the UNP-led Good Governance Government, this government would protect the Judiciary while protecting its independence nature.”
Justice Minister tables Mahara Prison riots Interim Report
The interim report of the special committee to inquire into the Mahara Prison riots was tabled in Parliament yesterday by Justice Minister Ali Sabry (PC).
The Committee of Inquiry comprises retired High Court Judge Kusala Sarojini Weerawardena, President’s Counsel U.R. de Silva, Additional Secretary of the Ministry of Justice Rohana Hapugaswatte, retired Senior DIG U.R.L.A. Ranaweera, and retired Prisons Commissioner Gamini Jayasinghe. This committee was instructed to prepare a complete report of the incident within a month and an interim report within a week.
The report includes more than eight observations made on the incident by the Committee while it has forwarded a series of recommendations to be followed. Minister Sabry noted that the government will take necessary action to study the observations and follow the recommendations.
In the interim report, the committee stated, “On the day of the incident, the inmates have come to know about the spread of the COVID-19 pandemic in the prison. Due to the heavy congestion in the remand prison, it is reasonable for agitated detainees to start demanding facilities as there was a disease spreading among the inmates.”
The committee stated that prisoners who were accused of being involved in various crimes that were among the remand prisoners during the time of agitation had taken advantage of the opportunity to form gangs and carry out violent attacks on each other to achieve personal objectives.
The committee added that it was clear that the inmates had set fire to prison property and documents and caused great damage by demolishing the institution building. The committee said, “At the time of the clash, detainees were found in possession of clubs, iron rods, swords, knives, and oil from a boiler to cause a fire. However, no one had guns in their hands; only prison officials had firearms. The guns had been used only by prison officials.”
“According to witness statements, the clash started on the evening of the 29th and lasted until the middle of the night on the 30th, and during that time, some prisoners had burgled medicinal drugs from the prison hospital. Following the use of these drugs, the inmates have carried out more and more violent activities,” the committee added.
In addition, the committee stated, “During the riot, water and food supply have also been disrupted. It has been reported that the CID is conducting an investigation into the incident. Now, the detainees have undergone PCR and rapid antigen tests. COVID-19 patients were removed from the Mahara Prison and food, water, and electricity supply has been brought back to normal.”
“The procedure to send the inmates who have been granted bail or fined has been delayed. A centre has been set up for inmates to receive telephone calls from their relatives. Now the unrest is over and the prison is under the control of the officers,” the committee added.
Recommendations
The committee has recommended that COVID-19-affected detainees released on bail be subjected to PCR tests as soon as possible and be sent to the quarantine centres, while the rest be house-quarantined.
A prompt investigation should be carried out on the detainees who have caused damage to government property and immediate action to file cases through the Attorney-General, the Committee also recommended.
The Committee has also recommended taking immediate action to give solutions to the shortage of officers at the Mahara Prison. The Committee stated, “Carry out formal arrangements to provide inmates with food and other necessities through welfare centres during periods when visitors are not allowed in.”
Improving the quality of food provided for the inmates was another recommendation. They also stated that immediate healthcare should be given to patients with diseases other than COVID-19. The Prisons Department should file motion papers for inmates who are unable to pay bail and allow them leave on personal bail, the committee stated.
The committee added that it is currently unable to comment on the findings of the investigation on the negligence of the officials. A more detailed report will be provided in the future, they stated.
Government to restructure country’s prison system: Ratwatte
The government has planned to make changes and restructure the country’s prison system, Prison Management and Prisoners’ Rehabilitation State Minister Lohan Ratwatte said.
Joining the 2021 Budget Committee Stage Debate in Parliament, yesterday, he said that currently, there are 25,218 prisoners within the prisons and of them 6,174 and convicts and 17,669 are remand prisoners.
“There are 29 prisons in the country and two rehabilitation centres. The capacity of these prisons is 11,762 prisoners and therefore, we need to release those who could be released. Hence, we have initiated the mechanism required for the release of the prisoners who are held in prison over their inability to pay their fines or unable to post bail.”
State Minister Ratwatte said that yesterday was the seventh day since he took office, but he had ensured the release of 2,416 prisoners so far; and that by December 31, measures would be taken to release at least another 5,000 prisoners.
He said that measures are being taken in order to change the prison system and by December 31; all those who could be pardoned and those who could be released would be released instead of being imprisoned unnecessarily.
He said that the Mahara Prison has been brought under control and that so far, 14,000 PCR tests have been conducted. “Prisoners who are on death row would have their punishment reduced to life imprisonment; and for those condemned to life imprisonment, we have taken steps to reduce it to 20 years,” the state minister said.
“Those who are in prison over their inability to post small bail, they would be able to be released on personal bail. Prisoners who are being released would have to undergo PCR tests and would be quarantined prior to being released,” he added.
In keeping with the plans to shift the Welikada Prison, the state minister said that the UDA had allocated 250 acres for the relocation of the prison, which would include a maximum security prison, remand prison, rehabilitation centre, vocational training centre, and a sports facility. He said talks are currently on with the Chinese government for the construction of the facility.
With regard to the Mahara Prison riots, he said that despite the Opposition’s allegations, it was a result of a clash between the 12 gangs within prison. “The prison guards had to open fire as a last resort in order to bring the situation under control. There was no need to hide anything and that once the report is released it would be presented to Parliament as the government has nothing to hide.”
State Minister Ratwatte said there is also a shortage of prison staff, and that measures are being taken to increase the number of prison officers. He said that in order to prevent mobile phones being used within prisons, jammers will be installed under the restructuring of the prison system.
Previous regime made biggest intimidation on Judiciary in country’s history: Aluthgamage
The biggest political intimidation on the Judiciary in the country’s history was made during the Good Governance Government’s tenure, Agriculture Minister Mahindananda Aluthgamage said. He was speaking at the 2021 Budget Committee Stage Debate in Parliament, yesterday.
He said that during the previous regime, special courts were set up to reduce the backlog of cases, but political opponents were also targeted. He added that he was also indicted before court in relation to a carrom board issue.
Minister Aluthgamage said the boards were imported, paid for, and distributed by different ministries. He added that this was the role of the special courts set up by the then Justice Minister Thalatha Atukorale. The minister said the Good Governance Government imprisoned his son for travelling behind him. He added that they heard the recordings of then Police Minister Sagala Rathnayake’s telephone call with the IGP to give instructions regarding the matter.
He said he had filed two cases against Ranjan Ramanayake; yet he withdrew those two cases in the last moment as he never wanted to punish him, but trap the mastermind behind the issues: Ranil Wickremesinghe. He added that Minister Johnston Fernando’s associates, who were imprisoned along with him, were tortured by 15 officers under the instructions of former Minister Thalatha Atukorale. He said that the officers had admitted that they were instructed by her.
The minister said that the Opposition alleges that the appointment of justices to the Supreme Court has been politicised. He added that of the 15 appointed, 11 were selected based on their seniority, while another two were suggested by the Attorney-General. He added that even the judges who heard cases against him have been promoted based on merits. The minister said a committee comprising former Prime Minister Ranil Wickremesinghe, 10 Cabinet ministers, as well as the Attorney-General and several others, had discussed and decided who should be indicted before the special court during the Good Governance Government’s rule. They instructed Ranjan Ramanayake to intimidate the judges, he added.
Mahara Prison riots: ‘Interim report recommendations currently being implemented’
The recommendations based on the observations in the interim report on the Mahara Prison riots are already being implemented, Justice Minister Ali Sabry (PC) said.
The minister tabled the report of the special committee comprising retired High Court Judge Kusala Sarojini Weerawardena, President’s Counsel U.R. de Silva, Additional Secretary of the Ministry of Justice Rohana Hapugaswatte, retired Senior DIG U.R.L.A. Ranaweera, and retired Prisons Commissioner Gamini Jayasinghe, which was presented to him by retired High Court Judge Kusala Sarojini Weerawardena. The committee was instructed to prepare a complete report of the incident within a month and an interim report within a week.
Speaking at the 2021 Budget Committee Stage Debate in Parliament, yesterday, the minister said the committee was tasked with investigating the reasons behind the Mahara Prison unrest and make recommendations in order to prevent such incidents from happening in the future.
Thalatha calls for raising fines, including Law as school subject
Samagi Jana Balawegaya (SJB) Parliamentarian Thalatha Atukorale requested the government to increase the fines imposed for certain offences as most fines have not been amended since colonial times. She was speaking at the Committee Stage Debate regarding the 2021 Budget in Parliament, yesterday.
MP Atukorale said that most fines are very low and insufficient to prevent offenders from committing offences or repeating them. She requested the government to take measures to include ‘Law’ as a subject in school syllabi as many people are unaware of the country’s laws. She added that in order to prevent prisons and remand prisons from being overcrowded, teaching law at schools would be a commendable measure.
The Parliamentarian requested the government to introduce a mechanism to remove narcotics from production rooms in courts as there are sometimes hauls weighing 25kg to 100kg. Highlighting that there are around 66,355 active narcotics cases, Atukorale requested the government to take action and rehabilitate those that need it under the Drug Dependent Persons Treatment and Rehabilitation Act, with assistance from the Dangerous Drugs Control Board.
The Parliamentarian said that offenders should be rehabilitated as drug kingpins have not been arrested so far. She said junior officers at the Prisons Department have been facing a number of issues for a long time and requested the government to take measures to solve their issues as well.
Speaking about Sri Lankans employed overseas, MP Atukorale requested the government to introduce a pension scheme for them, and to take measures to bring those who are stuck abroad due to the COVID-19 pandemic. She said that according to the reports submitted in Parliament, the court complexes in Mankulam, Mullaitivu, Jaffna, Anuradhapura, and Polonnaruwa have been completed. She commended the ongoing constructions of the court complexes at Kilinochchi, Matara, Welimada, Gampola, Medawachchiya, Kahatagasdigiliya, Ratnapura, and Pugoda are being constructed.
However, the Parliamentarian said that the independence of the Judiciary is questionable. She added that the cases against the Central Bank scam and Ranjan Ramanayake were filed during their own tenure. MP Atukorale said increasing the number of judges at the Supreme Court and Court of Appeal through the 20th Amendment to the Constitution was timely, and that it has created many issues related to the space in court houses and other facilities.
She said that during the Good Governance Government’s tenure, the salaries of justices at the Supreme Court and Court of Appeal had been raised threefold.
