BBS attacks in Aluthgama
Tuesday, 21st July 2014
By Zacki Jabbar
The Attorney General Palitha Fernando has assured the Bar Association of Sri Lanka (BASL) that he will not hesitate to prosecute anyone against whom there was evidence in connection with the violent attacks that were perpetrated against the Alutgama and Beruwela Muslims last month, which led to loss of lives and massive destruction to mosques, houses and business premises of both committees.
The AG was responding to the BASL’s call for the prosecution of BBS General Secretary Ven. Galabodaaththe Gnanasara Thera as there was sufficient prima facie evidence that he had played a leading role in the violent attacks against the Muslims of Alutgama and Beruwela on June 15 and 16, 2014.
BASL President Upul Jayasuriya had said in his communication to the AG: "The speech that Gnanasara Thera made in Alutgama on June 15, contains offensive material inciting racial hatred against the Muslims. Sufficient prima facie evidence exists to prosecute the Thera under the PTA, ICCPR Act and the Penal Code. We, are of the view that no meaningful steps have been taken in this respect."
The AG, replying Jayasuriya, has said that the matters referred to by him are being investigated by the law enforcement authorities according to the information furnished to him. "On completion of the investigations, I shall independently and objectively consider the material, as required to be undertaken by the Attorney General in order to decide upon the possible charges. Hence, it would be both incorrect and inappropriate for me to hold anyone responsible at this stage. I assure you that I shall not hesitate to prosecute any offenders against whom evidence is available and to discharge any person against whom there is no evidence, once the investigations are complete and the notes of investigation are duly submitted to me."
He has also informed the BASL that if there are any shortcomings in the Police investigation, they should be brought to the notice of the Inspector General of Police.
Meanwhile, the AG has forwarded the leaflet and BASL complaint containing material relevant to the Alutgama and Beruwela violence, which was submitted to him, to the IGP for necessary action.
Jayasuriya, while setting out the attacks that took place against the Alutgama Muslims on June 15 and 16, some of which had occurred while the curfew was in force, also drew the attention of the AG to the failure of the Police and the STF to act immediately in preventing the killings and destruction of property. "The elected body of the unofficial bar is expected to perform a broader role in the due enforcement of the rule of law in our country and not merely as lawyers representing aggrieved parties to which you had adverted. You are fully aware that the lack of due diligence by most stakeholders has caused untold hardship and suffering to a large number of persons affected by the violence. In addition, indifference to the responsibilities vested in the law enforcement agencies has resulted in serious international concern as well. We believe that all of us have a duty to ensure high standards in the enforcement of the rule of law without fear or favour".
The BASL has, inter alia, raised objections to the Police clearing the debris of the burnt down mosques, houses and the business establishments without calling the Government Analyst to inquire.
The Police have claimed that the widespread violence that occurred in different areas in the Kalutara district on June 15 and 16 June, had arisen from a clash between the Sinhalese and Muslim communities. But, the BASL has said: "We, in the BASL have visited most of the affected areas and met a large number of people. The Police reports of a clash are absolutely misleading. In almost all cases it was a case of mobs attacking, looting and setting fire to Muslim businesses and houses. Over 95 percent of the damage had been caused to Muslims and Muslim owned properties, while a few Sinhala houses and shops had also come under attack. The attacks on the Muslim community had come mostly from unidentified persons who seemed to have been brought from outside and not the surrounding Sinhala villages. We have also gathered first hand eye witness accounts that the attacks took place in a number of instances in the presence of the Police and the STF, who took no action in certain instances to either tear gas, disperse or arrest any one of the attackers on the night of June 15.In a few instances they had facilitated the attacks that had taken place after curfew had been imposed".
From: http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=107165
