Amidst increasing confusion about the much hyped Enforced Disappearance Bill, it appears that the extradition clause in both the Enforced Disappearance Bill and the Torture Act of 1994 is identical. The Torture Act was passed when Chandrika Bandaranaike Kumaratunga was President and Prof. G. L. Peiris was Minister of Justice.
Peiris
Extradition involves the transfer of a person accused or convicted of a crime from one state to another state on the request of the latter state for the purpose of prosecution or punishment. Extradition is only permitted if a law specifically provides for it.
Section 8 of the International Convention for the Protection of All Persons from Enforced Disappearance Bill states: “Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of a Convention State for the extradition of any person accused or convicted of an offence under sections 3 or 4, the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence.”
The above clause is almost identical to Section 7(2) of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994: “Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of any State for the extradition of any person accused or convicted of the offence of torture, the Minister in charge of the subject of Foreign Affairs shall, on behalf of the Government of Sri Lanka, forthwith inform the Government of the requesting State, of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person, for that offence.”
The Joint Opposition has mounted a campaign stating that section 8 of the Bill has changed the law on extradition. Yet it appears that the section only replicates what is already part of Sri Lankan law, which Peiris would have played a part in formulating back in 1994.
Prof. Peiris also claimed that section 13 of the proposed Bill will reduce the protection available to citizens under the Extradition Law of 1977. The 1977 law provides that extradition for “political offences” will not be permitted. Section 13 of the proposed Enforced Disappearance Bill meanwhile states that the offence of enforced disappearance does not constitute a “political offence”. However, Peiris’s argument is misleading, as an amendment to the law of 1977 was introduced in 1999 during his tenure as Justice Minister. Section 2 of the Extradition (Amendment) Act No. 48 of 1999 contained the following amendment to section 7(4) of the original Extradition Law: “an offence of a political character does not include (c) an offence within the scope of an international convention relating to the suppression of international crime to which Sri Lanka and the requesting designated commonwealth country or treaty state are contracting parties and which obliges contracting parties to prosecute or grant extradition for such offence.”
Thus the 1999 amendment covers any international convention relating to international crimes including torture and enforced disappearance. Thus it is clear that the Enforced Disappearance Bill does not alter the current law on extradition, as amended during Prof. G.L. Peiris’s term as Justice Minister. Any claim that the proposed Bill can expose Sri Lankan citizens to foreign jurisdictions beyond what Peiris himself designed in 1994 and 1999 is completely false.
Baludasa / September 18, 2017
Oh what a spin DR GL Divide and rule is your idea.
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Sunil / September 19, 2017
Dr. G.L. Peiris, can you tell us the Sri Lankan people what your leader Mahinda Rajapaksa did with all the LTTE Gold that the army seized during the war!?
Is this gold being used to develop our country or have you and your pseudo patriots the Rajapaksas and his criminal network stole what belongs to the country and its people!?
Remember We won’t pay taxes to put the bill for all your stolen monies…
We demand the government makes public how our taxes are being used and for what?
You Criminal should be extradited to The Hague for trial for all the harm you have done to our country and its people…
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Real Siva Sankaran Sharma / September 20, 2017
It belonged to the Tamils no to anyone else
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K.Pillai / September 18, 2017
GL P got to where he was in 2014 through summersaults and misleading the side which took over. He was a professor in law at one stage but has not shown any understanding of justice. He in fact specialised in subverting justice.
The JO have got used to living off scraps thrown by a few who have excessive food.
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Sam Panditha / September 19, 2017
GL Pieris is well beyond his sell by date. He could not handle GENEVA (Geneva Losing). Could not run the Foreign Ministry without following Sajin and Namal instructions. Never questioned any of MR clan corruption when he was a minister. See what Mangala as FM achieved in 1 year !!
GLP rather than giving interviews and newspaper writeups, pls write a page about your achievements as Foreign Minister. I can list a few : 1) Of the 55 foreign embasies, 45 manned by MR political appointments. 2) Annual MR UN visit accompanied by 125 persons and a hefty bill from Waldorf Astoria. 3) Wrongly courting un-known African countries (Uganda, Swaziland) and openning embassies there and inviting these Heads of states to Colombo. MR even donated $1.0 Mn to Uganda. Why not complete tghis list
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Burt / September 19, 2017
This guy is a bookworm not a leader. Does not have the backbone to stand for what he believes neither the ability to convince anyone to follow.
For him to survive he needs someone to lean on. It wont matter to him whether its MR, Gota or even Basil.
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K A Sumanasekera / September 19, 2017
What is this big fuss……….Whether Finance Minister Mangalan can extradite the War Veterans to Brazil, Geneva, London, Joberg, New Jersey, Oslo, Scarbotough and Pairs or even Timbaktu if the ex Tigers and their powerful friends demand, is the real deal………..
.Dr Ranil says there is nothing to worry…………(.Yahapalana Suckers in fact will be disappointed.. because their ace faction leader Field Marshall Kala Vedda has already promised to extradite ,,, General Jayasooriya, Commodore Karangoda and even poor old Brigadier Gotabaya )………
According to Dr Ranil .This Law is to deport / extradite / hand over War Veterans who have committed or are going to commit Genocide, Widow Rape, and Mass Killings after January 2015………Which is cool…………. Dr Ranil is a Man of of his Word………I am sure Dr Ranil would have picked this Dr Pirra’s Cut & Paste job if it is important ……….what do you think..
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Chamuditha Senanayaka / September 19, 2017
Sumane,
You have to thank Dr. Ranil of not taking any action against former royal family. If Dr Ranil was a person with mentality of Field Marshal by now your ex.boss and his family and co horts would be wearing jumpers at magazine prison.
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Aku / September 20, 2017
Golden words – when you talk sh.t, talk softly…
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Burt / September 19, 2017
“This Law is to deport / extradite / hand over War Veterans who have committed or are going to commit Genocide, Widow Rape, and Mass Killings “
This is what Sinhala Buddhists call “War Hero’s”.
LOL
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Mama Sinhalam / September 19, 2017
Extradition is a difficult procedure. The general rule is that if you want to prosecute a person, you do not have to hand him over to another state for prosecution. That is what is reflected in the Sri Lankan legislation. It comes down from colonial times. The rule is to be found in the English Extradition Act.
The fuss is made to create fear and avoid scrutiny. GL Pieris is just a handmaiden (hope the sex is right) of the Rajapakses. His competence is doubtful. There is an allegation of plagiarism against him and his somersaults only show an unscrupulous self-seeker. Anyway, he is a spent force who is not taken seriously.
But, this talk of MR going to the electric chair and the fanciful ravings of another great “scholar” Sanja Jayatilleke on the subject are to stoke imaginery fears so as to ride on the assumed wave of sympathy for the “war heroes”. There is no reason why those who have sinned should not pay the price. But, why make the law look other than what it is. Knaves are making a trap for fools. But, the public will understand that there is guilt under this smokescreen which needs expiation.
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Lanki / September 19, 2017
Is GL saying we cannot get the LTTE soldiers who ran away to other countries when there is an investigation.? How stupid can he be? He has been saying soldiers did not commit crime, but we all know LTTE soldiers did, so with this he is saying we should not bring LTTE leaders who ran away in front of the law.
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Upali / September 19, 2017
GL thinks that we are fools like Bandula Gunawardena of Rs.2500 fame.
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Akalo Fonseka / September 19, 2017
Can Dr G L Peris disclose to this country who drafted the charge sheet in impeachment inquiry against Dr S Bandaranayake the 43 rd CJ. There were many errors. There are rumors in Hulftsdorf as to who did it and what was given as the reward. These rumors if correct will severely damage the institutions the general public trust most.
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Dr. Dayan Jayatilleka / September 21, 2017
Attempt to mislead President Sirisena on Disappearances Bill
September 20, 2017, 10:46 pm
by C.A. Chandraprema
It is not the policy of this newspaper to comment on articles published by other newspapers or websites. However given the importance of the ‘Bill to introduce into local law the provisions of the International Convention for the Protection of All Persons from Enforced isappearance’, and the campaign of misinformation surrounding this proposed piece of legislation, an exception will be made in this instance. In an article titled “Extradition Clause in Enforced Disappearances Bill is Identical to Section 7(2) of Torture Act Passed in 1994”, its author one Gehan Gunatilleke has argued that Clause 8 of the International Convention for the Protection of All Persons from Enforced Disappearance Bill is identical to Section 7(2) of the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. The two passages have been quoted as follows by the author of the said article.
Clause 8 of the Disappearances Bill: “Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of a Convention State for the extradition of any person accused or convicted of an offence under sections 3 or 4, the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence”.
Section 7(2) of the Convention Against Torture Act of 1994: “Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of any State for the extradition of any person accused or convicted of the offence of torture, the Minister in charge of the subject of Foreign Affairs shall, on behalf of the Government of Sri Lanka, forthwith inform the Government of the requesting State, of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person, for that offence”.
On this basis, the author of this article who is not known to this writer, but is said to be advising the yahapalana government, has stated as follows: “The President should be informed that there is absolutely nothing to worry about in this clause. It is a standard clause, and we have had the identical clause in a very similar statute for over 20 years!” We view this as an attempt to mislead the President of the country by conveying the wrong information to him.
Clause 8 of the Bill to introduce into Sri Lankan law, the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance refers to Sri Lankans whose extradition has been requested by foreign countries on the grounds that they were responsible for causing enforced disappearances in Sri Lanka. No such thing is possible under Act No: 22 of 1994 which was passed to introduce into local law the provisions of the International Convention Against Torture. Under the 1994 Act, any Sri Lankan who is alleged to have committed torture can be tried only in Sri Lanka and there is certainly no provision to extradite Sri Lankans suspected of committing torture in Sri Lanka to stand trial in other countries for crimes allegedly committed in Sri Lanka.
Section 7(2) of the Convention Against Torture Act of 1994 refers to foreign nationals wanted in their own countries over allegations of torture, who may happen to be in Sri Lanka. In such cases, when a request is made for the extradition of that foreign individual, Sri Lanka will be obliged to comply. However Clause 8 of the proposed Bill to introduce into Sri Lankan law, the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance is designed to extradite Sri Lankans who are deemed by foreign nations to be responsible for causing enforced disappearances in Sri Lanka to stand trial overseas.
There is a vast difference between the two and the President should be made aware of this attempt to convey wrong information to him.
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JVP Ghosts / September 23, 2017
DJ and Chandraprema are Death Squad pals. No surprise that these two ringless ring wraiths are sticking up for each other.
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JVP Ghosts / September 23, 2017
Also, these ring wraiths anyway report to the chief wraith GL. Don’t know wasting time talking about these underlings.
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