The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu vs. The Attorney General [SC FR 262/ 2022]

The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 gazetted by Extraordinary Gazette No 2289/07 dated 18th July 2022.

CPA had previously raised concerns about the declaration of State of Emergency and provided a commentary on Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022. A State of Emergency was declared in two previous instances this year, on 1st April 2022 and 6th May 2022. On both occasions, the former President did not cause the proclamations declaring the said States of Emergency to be placed before Parliament for its approval. Thus neither of such Proclamations was approved by Parliament. Accordingly, Dr. Saravanamuttu had previously challenged this mala fide declaration of the State of Emergency (of May 2022) and the unconstitutional and overbroad Emergency Regulations.

The Petitioners argue that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 are overbroad and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The Petitioners further stated that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 do not address the economic and political crisis faced by the country and have been designed and/or promulgated with the collateral purpose of stifling dissent and the freedom of assembly and not to address any legitimate public security concern.

Sri Lanka – Civil Society Statement on attacks and reprisals against peaceful protesters

2nd August 2022

We, the undersigned individuals and organizations strongly condemn the ongoing attacks including violence, false labeling and legal reprisals against unarmed peaceful protesters by the Sri Lankan government. We call for an immediate end to reprisals against those exercising their constitutionally protected rights to advocate for change.

Read the full statement here.

 

Request for action on the attacks against peaceful protestors on 21st of July 2022 and other incidents of violence

The Centre for Policy Alternatives (CPA) has monitored recent incidents of violence including incidents that targeted peaceful protestors, media personnel and lawyers including the events of 21st/22nd July 2022 with grave concern. We issued a statement containing our initial concerns on 22nd July 2022. This letter raises several issues in relation to the inaction by the authorities and the need for action.

Read the full letter in English here. 

Emergency Regulations promulgated in May and July 2022

On the 17th of July 2022, Acting President (as he then was) Ranil Wickremesinghe declared a State of Emergency with effect from the 18th of July 2022, by way of Gazette Extraordinary No.2288/30. Thereafter, on the 18th of July 2022, he brought into effect the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2022 by way of Gazette Extraordinary No.2289/07. These regulations were virtually identical to the regulations by the same name that former President Gotabaya Rajapaksa brought into effect in May 2022, though
two minor differences made the incumbent President’s regulations more draconian in effect; Sections 408-426 of the Penal Code are added to the list of offences under regulation 12, and the period of detention of a suspect before production before a Magistrate under Regulation
17(2) has been extended to 72 hours, from 24 hours.

Read the full document in English here:

Read the full document in Sinhala here:

Read the full document in Tamil here:

 

CPA STATEMENT IN RE TO ATTACK ON GGG 22ND JULY 2022

22nd July 2022, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) vehemently condemns the violent attack by the authorities on the protestors, lawyers and media personnel at the Galle Face green soon after midnight on the 21st July 2022. CPA notes that the attacks are all the more heinous as they came just hours after protestors had publicly expressed their desire to leave the premises of the Presidential Secretariat and to allow the new President time to prove himself. These senseless attacks by security forces have undermined peace & security and have further escalated tensions in Sri Lanka.

 

Read the full statement in English here:

CPA Statement on the declaration of a State of Emergency on the 18th July 2022

18th July 2022, Colombo, Sri Lanka: The Centre of Policy Alternatives (CPA) expresses its grave concern about yet another declaration of a State of Emergency by way of Gazette Extraordinary No. 2288/30, dated 17th July 2022. This is the first such declaration by Acting President Ranil Wickremasinghe since assuming office on the 15th of July 2022, and the third such declaration in the country in the past four months. Former President Gotabaya Rajapaksa previously declared a state of emergency twice this year, and thrice in the course of his presidency.

Read the full statement in English here:

Read the full statement in Sinhala here:

Read the full statement in Tamil here:

AG’s decisions to drop charges

In the period from 2019-2022, the Attorney General’s Department decided to drop charges in several high profile cases. No reasons were publicly given as to why charges were dropped. It is also in a context when the department seemingly had sufficient evidence to file indictments in the respective cases. These decisions to not proceed coupled with other factors that pose multiple challenges in obtaining justice highlights the grave threat to the Rule of Law and entrenched impunity in Sri Lanka.
The Centre for Policy Alternatives (CPA) has previously highlighted the need for both structural and operational reforms to ensure the effectiveness and independence of the Attorney General’s Department.
Read the document in English here.