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Chief Magistrate of Colombo Lanka Jayaratne yesterday (9) granted bail to former Defence Secretary Hemasiri Fernando and Inspector General of Police (IGP) who is on compulsory leave, Pujith Jayasundera.

Fernando and Jayasundera were arrested and remanded last week over the Easter Sunday attacks under Sections 296, 298, 328 and 329 of the Penal Code. Section 296 deals with “Punishment for murder,” Section 298 with “Causing death by negligence,” Section 328 with “Causing hurt by an act which endangers life or the personal safety of others” and Section 329 with “Causing grievous hurt by act which endangers life or the personal safety of others.”

However, Magistrate Jayaratne when granting bail to the two individuals has informed court of the legal issues that backed the order to grant bail. The Magistrate has stated that the murder charges leveled against Fernando and Jayasundera under Section 296 were baseless.

Legal issues

The Magistrate has also referred to a court order delivered by former Chief Justice Shirani Bandaranayake where the then Chief Justice had stated that persons cannot be jailed “for the sake of requests made by the police or to serve the whims of another party,” the BBC Sinhala Service has reported.

The Magistrate has then noted that the two state officials had been arrested without even recording a statement from them. She has also pointed out that the two individuals were arrested according to a report submitted by a committee appointed by the President and that such a report was not legally admissible.

The Magistrate has also considered the failure to act based on information received on the terrorist attack does not amount to an omission which is so imminently dangerous that it must in all probability cause death under Section 294(4) of the Penal Code, does not constitute the intention of the murder charge. The Chief Magistrate has then referred to the inclusion of Section 298 (criminal negligence) against the suspects on their alleged omission and has said such inclusion was also questionable to maintain in this criminal inquiry as there was no cogent evidence to prove such negligence on their part.

The Court has further considered the remoteness of the incident and the suspects’ alleged omission to determine the ‘causal relationship’ with the incident. The Magistrate has said the court could not see the facts in court as having any close proximity to the alleged omission of the suspects as public servants and the Easter terrorist attack.

The Colombo Chief Magistrate remanded Fernando and Jayasundera till Tuesday (9) on July 3rd after their arrest. The bail request made on the 3rd was taken up yesterday (9).

AG’s allegations

On July 3rd when Fernando and Jayasundera were first produced before court after their arrest, Deputy Solicitor General Thusith Mudalige has told court that the suspects had absconded from their duties.

He has further noted that the suspects’ failure to act upon written and verbal intelligence reports on a potential suicide attack led to the loss of hundreds of lives. He has said the suspects who were in charge of the security of a country which has experienced a 30-year-long civil war, should be aware of the severity of suicide attacks.

The Deputy Solicitor General has further informed the court that as stated in article 294 of the Penal Code the suspects have committed a criminal offence for their failure to take action in preventing the loss of lives despite being aware of the potential threat and the availability of clear information.

Mudalige has further noted that if the suspects had carried out their duties, National Thawheed Jamath Leader Mohammed Zahran Hashim, who was responsible for the suicide attack, should have been arrested.

The Deputy Solicitor General has pointed out that if this could not have been done, measures should have been taken to evacuate the general public from locations which were potential targets.

He has explained that religious leaders, heads of the three armed forces, tourist hotels and the general public could have simply been informed through the media, Police media spokesperson and other modes of communication and that Fernando and Jayasundera had followed no such protocol.

In a special event held on July 6, 2019, the first Model Village built with Indian assistance under the Model Villages Program of the Ministry of Housing and Construction & Cultural Affairs - Ranidugama in Gampaha District was inaugurated and the completed houses are handed over to the beneficiaries.

Minister of Housing and Construction & Cultural Affairs Sajith Premadasa, former President of Sri Lanka Chandrika Bandaranayke Kumaratunga and Acting High Commissioner of India Dr. Shilpak Ambule jointly inaugurated the village and handed over the houses.

Several Member of Parliaments, leaders from the Western Province, senior Government officials and large number of people from the region attended the ceremony.

Government of India has partnered with the Ministry of Housing and Construction & Cultural Affairs to build 100 model villages consisting of a total of 2400 houses all across Sri Lanka under Indian grant assistance of 1200 million SLR. These 2400 houses are in addition to the 60,000 houses built under the Indian Housing Project meant for war affected people in the North and East and the estate workers in the plantation areas.

India has undertaken more than 70 people-oriented development projects in various fields including health, education, housing, skill development, infrastructure, vocational training among others, all across the country including the largest University Auditorium in Ruhuna University in Matara. About, 20 such projects are currently under progress. The overall development portfolio of Government of India in Sri Lanka is close to US$ 3 billion out of which US$ 560 million are in grants.

Chairman of the Ceylon Chamber of Commerce (CCC) Dr. Hans Wijayasuriya has come under fire for his alleged attempt to carry out a political agenda using the CCC over the statement issued by him through the Chamber calling on the government to be more transparent on the Status of Forces Agreement (SOFA) and the Millennium Challenge Corporation (MCC) Agreement with the United States (US).

The Prime Minister’s Office in a written response to the statement has stated, “politicization of this reputable business conglomerate under your recent assumption of leadership is to be much regretted”.

The CCC Chairman in his statement had expressed concerns on the consequences surrounding the proposed SOFA and the MCC Agreement with the US

Secretary to Prime Minister Ranil Wickremesinghe, E.M S.B. Ekanayake has replied to Dr. Wijayasuriya in writing on Saturday (6).

Ekanayake has stated that the Prime Minister’s Office was perturbed by the “CCC’s ignorance” on the contents of the SOFA and the MCC.

“You will note that the government has adhered to the values of good governance and transparency to the CCC and its constituent members were informed of the ongoing negotiations with the MCC on April 4, 2016, April 7, 2016, April 8, 2016, June 14, 2016, June 22, 2016, April 5, 20I7, April 6, 2017, October 9 to October 19, 2018 and October 27, 2018.

“You have also been informed of the specific projects coming within the MCC as per the development plan. As you are aware, these projects were proposed by the Government of Sri Lanka. The US Government provided US $490 million as a grant. After the signing of the compact it had to be presented to Parliament for legislative approval - a legal procedure that is followed in the USA and some continental European countries.

According to the Standing Orders of Parliament, this compact will be reviewed by the Oversight Committee and will be open to the interested parties,” Ekanayake has stated in the letter.

Referring to the SOFA, Ekanayake has stated that there is no such proposal forwarded by the Defence Ministry to the Cabinet.

He has further noted, “While appreciating the opportunity to reiterate these facts pertaining to these matters, the Prime Minister is also somewhat surprised that the CCC which has been a stakeholder participating in the process is now claiming ignorance. In his view, this brings up the question of your own motives and credibility in following the line taken by certain political parties with their own political agenda for elections.”

Ekanayake’s letter to the CCC Chairman has also contained attached annexures detailing the contents of the MCC.

A group of hackers specialized in attacking banks has hit again, and this time they've breached four targets in Asia, respectively in Bangladesh, India, Sri Lanka, and Kyrgyzstan, security researchers from Group-IB have told ZDNet.

The only incident that is currently public is one impacting Dutch Bangla Bank Limited, a bank in Bangladesh, which lost more than $3 million during several rounds of ATM cashout attacks that took place during the month of May, according to local media reports in Bangladesh.

SILENCE GROUP EXPANDS BEYOND EUROPE

In a report shared with ZDNet prior to publication, Group-IB tied the Dutch Bangla Bank incident to a group of hackers known as "Silence."

The group, which ZDNet previously covered in a September 2018 piece, has been active since 2016 and has historically targeted banks in Russia, former Soviet states, and Eastern Europe.

According to Rustam Mirkasymov, Head of Dynamic Analysis of Malicious Code at Group-IB, this is the first time the group has ventured into Asia.

TWO OTHER BANGLADESH BANKS ALSO HIT

Bangladesh local media reported that two other local banks -- NCC Bank and Prime Bank -- also faced similar issues as Dutch Bangla Bank, but they managed to avert financial losses. It is unclear if Silence was involved in those attacks as well.

Group-IB said Silence did hit banks in three other countries -- India, Sri Lanka, and Kyrgyzstan -- but could not disclose their names.

In September 2018, Group-IB said the group had only been successful in attacks against CIS and Eastern European countries, but that they were sending spear-phishing emails to banks all over the world.

President Maithripala Sirisena is to leave for the UK today (8) on a three day private visit.

The President is travelling with his family to attend the graduation ceremony of his son Daham Sirisena in the UK.

It is believed that upon the President's return to the country, he would request the Supreme Court to determine the date from when his presidential term commenced - whether it was January 9, 2015 (when the Elections Commissioner announced he was elected president) or May 15, 2015 (when the 19th Amendment to the Constitution was implemented).

Two hangmen appointed by the Sri Lankan government following moves to resume capital punishment in the country “have been fully trained for the job,” a prison official said on Wednesday.

President Maithripala Sirisena ended a 43-year moratorium on executions recently when he signed the death warrants for four convicts jailed for drug offenses.

Bandula Jayasinghe, an official at the Justice and Prison Reforms Ministry, said that the two executioners have received comprehensive training inside the prison.

“Now they are ready for the job,” he said.

The executioners will await the president’s green light to carry out the death penalty on the four convicts. In the meantime, the prisoners can appeal for clemency and their next of kin will be told the date of the executions, Jayasinghe said.

The two executioners were selected from more than 100 applicants after the government advertised the posts recently.

Jayasinghe said that the hangmen’s identities would not be revealed.

“It’s good to keep their names secret so that the public and even their own family members don’t know they are hangmen,” he added.

According to sources, up to 20 prisoners — eight Muslims, eight Tamils and four Sinhalese — could face the death penalty for drug offenses.

Sirisena told a public meeting on Tuesday that he is determined to carry out the executions to save the nation from “a narcotics scourge.”

“I will not bow to local or international pressure to reverse my decision to execute these convicts. I know what my country needs and it has to be rid of people who destroy the country,” he said, referring to illicit drug smugglers.

More than 60 percent of the 24,000 people inside Sri Lanka’s prisons are drug offenders, Sirisena said.

The president said that capital punishment was needed against “big-time illicit drug smugglers for the sake of the younger generation of the country."

No instructions to carry out executions!

However, a senior prison official said that neither the Ministry of Justice nor the Presidential Secretariat is yet to inform the Department of Prisons with regard to the implementation of capital punishment.

He said the Department had sent a list to the Justice Ministry, comprising of 18 inmates who had been convicted to death penalty, out of which the President had signed the documents for the execution of four drug offenders. "However, we have not yet been informed about the four convicts and the date of the execution," he added.

United People’s Freedom Alliance (UPFA) MP and leader of the “Joint Opposition” (JO) in parliament, Dinesh Gunawardena has said the “JO” has decided to support the no-confidence motion against the government that was presented to Parliament by the Janatha Vimukthi Peramuna (JVP).

Gunawardena say the “JO” party leaders had decided that the group would support the no-confidence motion.

“We have decided to support the no-confidence motion of the JVP against the government despite our party differences,” he has told the media.

The JVP submitted the no-confidence motion on the 21st of May and the motion is to be taken up in parliament on Wednesday (10) and Thursday (11).

The JVP’s no-confidence motion has sought parliament’s approval on the fact that the House has no confidence in the government and holds it directly responsible for the Easter Sunday attacks.

The United National Front (UNF) government is however confident of defeating the no-confidence motion with the support of the Tamil National Alliance (TNA).

Prime Minister Ranil Wickremesinghe has hailed the decision taken by the world's premier travel magazine, Lonely Planet, to reaffirm Sri Lanka as the best destination for travel in 2019, even after the Easter Sunday attacks in April.

"At the beginning of the year, Lonely Planet magazine named Sri Lanka as the world’s best destination to visit. However, after the Easter Sunday bomb blasts, we thought that we had lost this position. Many tourists fled the country. But last week, Lonely Planet stated that despite all the troubles Sri Lanka faced due to the attacks, we still remain the best destination for tourists to visit, the best destination in the world," the Premier said in a statement.

Quoting a recent article on the Planet magazine, PM Wickremesinghe said that Sri Lankans should be proud for being recognized as the best destination for travel.

“We came here and were greeted with a friendly hello by the people. Everyone was friendly and they welcomed us everywhere, we did not see any problems. This is the view of Lonely Planet magazine. Therefore, I must emphasize that the Government is taking steps to assist the tourism industry, and will announce further measures soon. I would like to thank all those in the tourism sector – big and small – who helped to keep the industry moving," the Premier added.

Wickremesinghe further said that he must also thank the members of the security forces who helped us from April 21.

"They set about capturing those responsible, and all are now in custody. They were able to accomplish this mission within just two months. So I must reiterate that tourism has a promising future in Sri Lanka. I urge everybody to get together to ensure that the industry thrives and enhances our image in the eyes of the world," Wickremesinghe said.

The controversy surrounding the exact number of cadres of the Liberation Tigers of Tamil Eelam (LTTE), who surrendered to the Sri Lanka Army during the final stages of the war, has resurfaced with the claim by Sri Lanka Army that LTTE cadres had not surrendered to them while families of missing LTTE cadres claim that it was only the military on the ground during the last stages of the war.

The Army had made this claim in response to a Right to Information (RTI) application submitted by a journalist seeking information on LTTE cadres who reportedly surrendered to the military during the final stages of the war. The response given by the Army was published in many Northern Tamil newspapers, but the story had not reached the media in the South. According to the Northern Tamil media reports, the Army had claimed the LTTE cadres had surrendered to government authorities and not to the military.

The response by the Army to the RTI application has now stirred up emotions among families of missing rebels, former LTTE cadres as well as Tamil politicians. Several LTTE cadres had reportedly surrendered to the Army during the final stages of the war but there has not been any information on the exact number or their identities.

The latest claim by the Sri Lanka Army has also stirred up the controversial “White Flag” case where several LTTE leaders who had reportedly surrendered to the military during the final stages of the war were gunned down.

Meanwhile, former LTTE cadre Chandralingam alias Thulasi has told the weekly English newspaper, The Sunday Morning that there were no doubt LTTE cadres surrendered directly to the army. He has said that he was among those who surrendered to the Army and was later rehabilitated and released. Thulasi has noted that during the final stages of the war only the Army had access to the war zone and not government officials.

Various attempts have been made since the end the war to obtain information on the LTTE cadres who had surrendered to the Army. Leaked videos after the war also showed LTTE cadres, including several female LTTE cadres being screened by the military. Also, former Northern Provincial Council member Anandi Saseetharan has told The Sunday Morning that she had no doubt that LTTE cadres surrendered to the Army during the final stages of the war.

Her husband Elilan was among the LTTE cadres she claims had surrendered to the Army. Saseetharan, who also campaigns on behalf of the families of the missing, has said that the news that the LTTE cadres did not surrender to the Army has created a lot of anguish among the families of the missing LTTE members.

The Army however, maintains that the LTTE cadres had surrendered to government officials and not to the military during the final stages of the war. Army spokesman Brigadier Sumith Atapattu has said the Army had only acted as the facilitator to hand over those who surrendered to officials from the Rehabilitation Ministry or department.

According to the Spokesperson, the Army was the first point of contact for the LTTE cadres who surrendered in the war zone. He has added that all those who surrendered were taken to safe areas and then handed over to government officials.

Finance Minister Mangala Samaraweera giving a statement regarding the Presidential candidate from the UNP noted that for the past 25 years, the UNP has not had a presidential candidate of their own. He noted that even though a UNP government was in power for the past five years, they failed to provide solutions to the problems faced by each electorate.

The minister added that it is with great expectations that all UNPers hope for a president to be elected from the UNP. He said the presidential candidate should not only be a UNPer, but must also be able to win the upcoming elections.

In a twitter message, Samaraweera said that the "United National Party must reaffirm its commitment to a united Sri Lanka that belongs to all Sri Lankans as envisaged by its founder D.S.Senanayake under a Sajith Premadasa presidency."

He went onto note that in his point of view, it is Minister Sajith Premadasa who has the popularity to win and it is he who possesses all the characteristics required to succeed. However, he said they do not imply that the current leader should be removed from his position.

Minister Samaraweera stated that they have no issue on who comes forward as the candidate from the opposition, even if it is a Rajapaksa. He pointed out that the political struggle within the Rajapaksa family is similar to the game of musical chairs and regardless of who comes forward from the opposition, Sajith Premadasa will win.

He added that in line with his victory, they should be able to carry forward the vision of Ranil Wickremesinghe and D.S. Senanayaka as well. He noted that when all political parties promote extremism, it is only the UNP that stands to uphold democracy in the country.

must reaffirm it's commitment to a #UnitedSrilanka belonging to all Sri Lankans as envisaged by it's founder D.S.Senanayake under a @sajithpremadasa presidency

The Human Rights Commission of Sri Lanka (HRCSL) has warned the Acting Chief of Police against arbitrary and illegal arrests being carried out by the Police following the April 21 attacks.

“Arrests should not be made merely on hearsay,” the HRCSL has informed the Acting IGP in a letter.

The letter further noted that the Commission has recently received a number of complaints alleging illegal arrests. Some pertain to arrests made due to cultural misunderstandings or uncertainty and others due to suspicions expressed by members of the public.

“For example, one woman had been arrested due to a motif on her dress assumed to be inciteful; in some other instances persons have been arrested for possessing literature in Arabic even before ascertaining the contents; arrests have been made due to public pressure such as the arrest of a trader because some persons feared he had applied a toxic substance to certain garments he was selling,” it said.

Chairperson of the HRCSL Deepika Udugama also noted that in most instances, the Commission observes that police investigations are conducted after the arrest.

The letter from the HRCSL comes right after the arrests of IGP Pujith Jayasundara and the Former Defence Secretary Hemasiri Fernando.

The Negligence that can be deemed Criminal

According to sources Attorney General Dappula De Livera has said their negligence can be deemed as Crimes against humanity and therefore the duo will have to face murder charges.

In courts, it was recently revealed that investigations into Kurunegala Hospital Dr Shafi were only conducted following his arrest after media and Buddhist monks levelled illegal sterilization accusations against the doctor.

The CID presenting a 210-page long report to courts on June 27 claimed there was no sufficient evidence to prove the allegations against the doctor.

Meanwhile, Army Commander Mahesh Senanayake has confirmed that following the April attacks the majority of those arrested under the Prevention of Terrorism Act are Muslims. Police Spokesman Ruwan Gunasekara told media that 423 of those arrested are in remand while 211 are being held in custody for questioning.

Meanwhile, the HRCSL also presented a number of guidelines to the Police to ensure the arrests are legal.

Sri Lanka's state-owned Marine Environment Protection Authority on Wednesday warned that the country only had 10 per cent of live coral reefs in its oceans as 90 per cent had died due to pollution, illegal fishing methods and excessive climate change.

Dr Terney Pradeep Kumara, General Manager of the marine authority, told Xinhua news agency that urgent steps must be taken by the government to mark the remaining live coral reefs as "highly protected areas" and measures must be taken to move these live corals to deeper seas.

He said Sri Lanka, rich in coral reefs, had lost 90 per cent of its corals in recent years mainly due to illegal fishing methods such as bottom trawling and dynamite blasting, excessive climate change and high levels of pollution dumped into the seas.

"We urgently now need to save the remaining 10 per cent. At present, what we are observing is that the remaining 10 per cent is also facing a lot of difficulty due to high temperature levels.

"Therefore we expect all government agencies, private agencies and all the environmentalists to get together and help the government declare these reefs as highly protected areas and help transfer the living corals to deep areas to keep them alive," he added.

Kumara said that by saving the remaining live corals, they would stay alive for decades which would help Sri Lanka attract more tourists which would strengthen the economy and the bio diversity of the country.