Parliament

Mutual Assistance in Criminal Matters Act:

‘Act empowers exchange, arrest and filing of court cases against criminals’

Sandasen MARASINGHE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided, when Parliament met at 1.30pm yesterday. After the presentation of papers and oral questions, the House took up the order under the Mutual Assistance in Criminal Matters Act and regulations under the Imports and Exports (Control) Act for debate.

Rural Affairs Senior Minister Athauda Seneviratne: This order is with regard to the mutual assistance in criminal matters. Accordingly, under the Act, there are provisions to exchange, arrest and file court cases against criminals. We have such a system in Thailand and both countries have to come to a common agreement with regard to it. Not only with Thailand, but we have to take measures to sign mutual agreements with regard to this issues with other countries as well. These agreements should be approved by the governments’ of those countries. These matters are not things that should be extensively debated. However, these are good moves, where the support of all should be extended.

Now Sri Lanka has gained peace after many turbulent years and we must ensure peace and security in the future too. The drug menace and international arms trade are some of the challenges we, as a country, have to face.

The mutual assistance of countries in curbing these issues is highly important. In Sri Lanka, the judicial system is independent and there is no clash between the executive and judiciary.

The verdict of a case with regard to Sarath Fonseka, was given after a proper judicial procedure. It was a court verdict and this matter should not be looked through a political angle. However, no family member of Sarath Fonseka had formally requested for a pardon by the President yet.

Deputy Speaker Chandima Weerakkody takes the chair

Lakshman Kiriella (UNP): Senior Minister Athauda Seneviratne said that a family member should appeal for a pardon for former Army Commander Sarathe Fonseka. I ask him under which law of the country that such an appeal is needed? There is no such rule heard of. However, all religious leaders had requested that Sarath Fonseka be pardoned. Isn’t that enough?

The main problem in this country, is that the law is not operating properly. Therefore these rules are meaningless.

In Pakistan, the President and the Prime Minister of Pakistan have been ordered to appear in court. I ask him whether this could be done in Sri Lanka?

Lakshman Wasantha Perera (UPFA): Order under the Mutual Assistance in Criminal Matters Act is an important one. This Act refers to the Commonwealth countries. With the approval of the new gazette, powers have been vested for actions to be taken against criminals, according to mutual agreements signed with each and every country separately.

The mutual assistance in criminal matters in not very essential to Sri Lanka. America has entered into 24 such agreements while the UK has entered into 15.

Such laws are not very significant to control the crime wave.

On the other hand, if there were such a law imposed, it would have been easy for us to take KP into custody.

Today we are living in a country that had attained peace. But still there are shadows of terrorism haunting to destabilize peace, specially at international level. So this move is a perfect method to arrest such situations.

Some countries issued stamps that rejuvenate the LTTE

John Amaratunga (UNP): Certain countries have issued stamps that rejuvenate the LTTE. These commemorative stamps had been issued by them to regroup the LTTE. Some countries have apologized for issuing of stamps without their knowledge.

The government should take measures to prevent future occurances. France and Britain had not taken proper measures in that respect. Though terrorism had been eliminated from this ground, there is evidence that there are attempts to regroups the LTTE. So embassies and relevant authorities should take measures to monitor and prevent such occurances.

Health Deputy Minister Lalith Dissanayake: A legal framework will be created for us to receive assistance of particular country in which a criminal is hiding when we enter into agreements with other countries. There were two types of legal systems in Sri Lanka during the period of the LTTE.

But today we have only one legal system due to the leadership of President Mahinda Rajapaksa. With this move, our people who become victims of crimes in other countries, could find solutions easily and also could take measures to control such crimes.

People should have faith in court system

Anura Kumara Dissanayake (DNA): The Court system is an institution that ensures justice. The people should have confidence in the court system. But today, the people are uncertain as to whether they could expect justice from this system.

Sarath Weerasekara (UPFA): We have entered into an agreement with Thailand. We need not be afraid of entering into such agreements with Thailand, as we have been maintaining a long friendship with them. King Buwanakabahu of Sri Lanka had sent a group of Buddhist priests to Thailand. They still have a chapter called Sri Lanka Sanga. We have a Shayamopali chapter in Sri Lanka.

The LTTE had a naval base in Thailand. It is very important that such agreements are initiated, which would prevent criminal activities against Sri Lanka. We have only destroyed the tail of the Tiger. The head still exists in America and the rest of the body in many other counties. We have to take measures to prevent those criminal elements and the Mutual Assistance in Criminal matters would be very helpful in doing so.

The borders of a country has turned into a myth because of modern telecommunication technology. So people can indulge in criminal activities at international level. To present such crimes, we should have such agreements. MP Lakshman Kiriella asked as to why we did not send KP to India. I wish to query as to why they did not protest that Father Emmanuel, Nediyawan should be brought to Sri Lanka.

Sarath Fonseka made a very serious and baseless allegation and was punished by law.

We lost the lives of 26,000 soldiers not because they attempted to kill innocent people but because they attempted to save the innocent Tamil civilians.

The LTTE collected a tax on A-9 road, recruited two persons to the LTTE from each family, the LTTE hoisted their flag in Trincomalee. The UNP who were unable to prevent any of those atrocities, now demand the government to prevent LTTE activities at international level.

It is pathetic that no case had been filed against KP

Dr Jayalath Jayawardena (UNP): It is pathetic to note that no court case had been filed against KP yet in any local court. There should be an independent police commission in Sri Lanka. The law and order of the country cannot be maintained without an independent police commission.

The UNP is of the view that the 13th Amendment should be practically implemented. The government is talking about a solution that exceeds the 13th Amendment. However, it has not disclosed what this solution was. We must respect the support extended by the Indian government to defeat LTTE terrorism. We must be grateful to the Indian government.

Hunais Farook (UPFA): I observe that the Order under the Mutual Assistance in Criminal Matters Act is very timely and highly useful. The criminals are using the latest technology in executing various crimes. It is hard to trace them and they flee to another country as soon as a crime is committed. There should be a powerful international network to arrest the criminals and bring them to book. The criminals also receive support from various groups oversees.

Today we are witnessing a large scale development in the Northern and Eastern areas. We are very happy over this fact.

Ajith P Perera (UNP): There should be cooperation among necessary institutions to operate law and order in the country. We are happy over the government’s initiative to seek bilateral assistance for the maintenance of law and order with regard to criminal matters. However, law and order within the country should also be protected.

Bribery and corruption in the country is on the rise. The government has done nothing to bring the culprits to book. It has made bribery and corruption lawful. The government has no control over these issues.

Defence Secretary must be thanked for the quick arrest of criminals

Dilip Wedarachchi (UNP): I thank the Defence and Urban Development Ministry Secretary Gotabhaya Rajapaksa for taking measures to arrest the criminals within a very short time on complaints made by Opposition members over a brutal crime committed recently.

However, more action need to be taken to curb the rate of crime taking place in the country. The Chairman of Tangalle Pradeshiya Sabha had behaved aggressively on numerous occasions. Action should be taken against him.

Cabinet has approved new legislature to Civil Procedure Code

Justice Minister Rauf Hakeem: With the approval of the gazette by the House today, the bilateral agreement that the government had signed with Thailand with regard to criminal matters, will be practically implemented. Up to now, there had been no legal provisions to implement this agreement. Since there was no objections with regard to this gazette today, I believe that the order will be approved with the support of both sides.

Due to the far reaching implications of the incident in Tangalle to our tourism industry, the government had given priority to take necessary steps with regard to this issue.

Even the British High Commissioner expressed his appreciation over the government’s commitment and measures to constantly educate the High Commission on the progress of this case and findings of the CID over this matter.

The Cabinet has approved the new legislature to civil procedure code. These amendments will be implemented as soon as possible.

The government has paid attention to build a highway directly to the Kalpitiya tourism zone from Katunayake.

The international community has shown faith in the government’s commitment towards promotion of the tourism industry.

The government will take steps to implement the recommendations of the LLRC as soon as possible. This report is now being scrutinized by the External Affairs Ministry.

I thank the members of both sides who took part in the debate today.

Order under the Mutual Assistance in Criminal Matters Act and regulations under the Imports and Exports (Control) Act were approved.

The House was adjourned until 1 pm on February 8.

Possibilities to combine SriLankan Airlines with Mihin Air explored

Civil Aviation Minister Priyankara Jayaratne yesterday stated in Parliament that possibilities are being explored for combining SriLankan Airlines and Mihin Air. He made this observation in response to a question raised by UNP MP Ravi Karunanayake. The minister stated that Mihin Air was initiated as a budget airline and its objective was to provide a service.

He also stated Mihin Air had bought two planes and utilized them for service.

He also stated that Mihin Air had transported 3,086,337 passengers and 2,834 tonnes of cargo since its commencement.

He also stated that Mihin Air was initiated at a time when SriLankan Airlines was not owned by our country.