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Foreign courts not permitted to try our soldiers - AG

2018-06-24 21:48:58
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Attorney General, in his sum up on the Bill entitled “Mutual Assistance in Criminal Matters (Amendment)” submitted that Government of Sri Lanka will not permit any of our soldiers to be tried in foreign jurisdiction on war crimes.

The Bill “Mutual Assistance in Criminal Matters (Amendment) came before the Supreme Court for its Special Determination on its constitutionality.

The Bench comprised Justices Buwaneka Aluvihara, Sisira J. De Abrew and Nalin Perera.

Three petitions were filed before the Supreme Court for its Special Determination on the Bill. Petitioners are former MP Rear Admiral Sarath Weerasekera, Ven. Maduruoye Dhammissara Thera and Kumarajith Dharmadasa.

Petitioners in their petitions complained that Sri Lanka submits itself to the Universal Jurisdiction pertaining to several criminal offences falling under international humanitarian law and human rights law which make Sri Lankan citizens subject to the jurisdiction of foreign courts and international criminal tribunals/courts.

Additional Solicitor General Sanjay Rajaratnam appeared for the Attorney General informed court that certain provisions of the Bill would be removed and certain other provisions would be amended.

He further submitted the original Act already provided that any request made by foreign jurisdiction which violates our Constitution including sovereignty, national security and military law will be refused.

He also submitted that this is a safeguard to prevent any of the soldiers being tried in a foreign jurisdiction. He stated the purpose of the Bill has only further strengthen the refusal of request.

Supreme Court will intimate its Special Determination to the Speaker of the Parliament.

Manohara de Silva PC appeared for Rear Admiral Weerasekera. Sanjeeva Jayawardane PC appeared for Ven. Dhammissisra Thera. Caniska Vitharana appeared for Dharmadasa. (S.S. Selvanayagam)


  Comments - 8

  • upulw1972 Sunday, 24 June 2018 22:53

    what is tents

    Reply : 3       1

    TONY Monday, 25 June 2018 08:33

    BECAUSE THERE ARE SEVERAL EXCESS BY OUR SOLDIERS AND WILL BE FOUND FAULT WITH

    Reply : 5       8

    Jude Monday, 25 June 2018 09:32

    Hey SL Non-state party, non-signatory for Rome Statute of the International Criminal Court which was adopted in 1998 and it entered into force in July 2002 !! Therefore, No Srilankan can be prosecuted in ICC(Intl.Criminal Courts) period!!

    Reply : 7       4

    BuffaloaCitizen Monday, 25 June 2018 10:37

    If you don't commit criminality, then one does not need to worry about any jurisdiction.

    Reply : 6       7

    BuffaloaCitizen Monday, 25 June 2018 10:38

    Then all cases will be similar to way Gnanasara got bail one week after found guilty and sentenced to rigorous imprisonment.

    Reply : 4       8

    Soam Monday, 25 June 2018 10:40

    A really sad state of affairs. Sri Lanka co-sponsor with the US a resolution in UNHRC to finding lasting peace in the country. UNHRC recommended four tangible actions being taken by the Government of Sri Lanka. Sri Lanka agrees at first, but wither away at the foremost recommendation, International Judiciary (and not Foreign Jurisdiction) set in Sri Lanka to try war crimes by all who allegedly committed. Lack of leadership and vision, that is all one can say.

    Reply : 4       6

    Sudarshan Monday, 25 June 2018 11:14

    UNHRC is just a bias puppet of some countries and Sri Lanka should be pulled out from it as USA did. period

    Reply : 3       8

    Lord Wolfstein Monday, 25 June 2018 12:11

    Without international judges or advisers it will hardly be possible to justify war criminals since the local judges are always biased by their ethnics in some way, even if they are honest and incorruptible men and women.

    Reply : 4       10

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