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Power crisis takes centre stage as Basil caves on engaging with IMF

30 Jan 2022

  • No short-term power solution in sight as power mafia runs amok at CEB
  • Chinese still maintain Norochcholai plant; repairs delayed until USDs paid
  • Cabinet approves Lokuge’s request to advertise for emergency power
  • Cabraal stands firm against IMF support, maintains secrecy over solutions
  • Basil in tight spot as China snubs appeal for rice amidst premature notice
  • Catholic Church reads riot act, Cardinal turns to international community
  • More talk, no solid action yet on amending PTA; SC holds de-radicalisation laws
The economic challenges faced by the country have left Sri Lankans living in constant uncertainty, with shortages and power cuts being the order of the day, while the Government led by President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa continues to look at ways and means of at least temporarily addressing the burgeoning issues. With the realisation hitting hard on compounding economic issues that are further increasing the country’s debt portfolio through financial packages and credit lines, more Government ministers have stopped ruling out approaching the International Monetary Fund (IMF) for financial assistance. Finance Minister Basil Rajapaksa has also expressed the possibility of initiating a dialogue with the IMF. However, Central Bank of Sri Lanka (CBSL) Governor Ajith Nivard Cabraal continues to stand against approaching the IMF, stating that there are other ways of addressing the issue – ways that continue to elude even economists, as well as leaders of the Government.  Thus far the predictions for the first three months of the CBSL Six-Month Road Map have not materialised, while the CBSL Governor’s moves have resulted in a clear drop in foreign remittances, with the impact of the latest regulations related to the tourism industry to be witnessed in the coming months. The country’s credit ratings have further compounded problems in relation to foreign borrowings. Sri Lanka’s woes are far from over and amidst all this chaos, the country was last week ranked at 102 out of 180 and given a score of 37 in the latest Corruption Perceptions Index (CPI) compiled by Transparency International. This is one point lower than last year, while Sri Lanka’s rank has dropped from 94 in 2020 to 102 in 2021. The CPI scores 180 countries and territories around the world based on perceptions of public sector corruption.  President takes on power woes President Rajapaksa last Monday (24) intervened to temporarily avert the power crisis during a meeting convened by him with the officials from the power, energy, and banking sectors. Power cuts from 5.30 p.m. to 9.30 p.m. to be carried out in four separate segments were announced at the time. During the meeting, the President explained the compounded economic issues due to the power crisis and reiterated the need to take all measures to avert such a scenario. Accordingly, the President called on the Treasury to release Rs. 93 billion required by the Ceylon Electricity Board (CEB) to settle its outstanding dues to the Ceylon Petroleum Corporation (CPC) while directing CBSL Governor Cabraal to release the required dollars for the diesel shipment that had been awaiting payment since the previous week. Two shipments carrying 95 octane petrol and diesel were anchored in the seas off Sri Lanka from 18 to 20 January till last week due to delays in opening Letters of Credit (LCs) to the tune of $ 58 million. The CPC has to pay demurrages of $ 18,000 per day after a three-day grace period with such shipments. Energy Minister Udaya Gammanpila said after the meeting with the President that once the diesel shipment was unloaded, the CPC could provide a stock of diesel to the West Coast Combined Cycle Power Plant that could operate on diesel while providing a stock of existing furnace oil to the plant in Sapugaskanda. The diesel shipment is expected to last for eight days while the petrol shipment will last six days. According to Gammanpila, while the CBSL was directed to permit the opening of LCs to place an order on Monday (24) for a furnace oil shipment, it would only reach the country by around 7 February. However, he noted that there was a possibility of providing furnace oil to the Sapugaskanda plant by around 1 or 2 February once the Sapugaskanda Oil Refinery recommenced operations. The refinery was shut down last month due to the US Dollar crisis that has led to a difficulty in importing crude oil to the country.  However, the refinery that was to recommence operations last Thursday (27) was delayed till today (30) due to a delay in the crude oil shipment. “The Singaporean ship carrying the crude oil stock for the refinery has been delayed by about three days and was only due to travel close to the Colombo Port yesterday (26). The LCs and other necessities have been successfully completed at the moment for the purchase of the crude oil,” the Energy Ministry said in a statement.  Gammanpila further stated: “We also agreed that the CEB should be allowed to directly receive diesel and furnace oil stocks through an Indian debt facility. Finance Minister Basil Rajapaksa is already in discussion with India about this.” Meanwhile, CBSL Governor Cabraal making his way out of the Presidential Secretariat after the same meeting addressed the media standing outside with a smile, saying that all issues had been resolved and dollars would be issued. “All required dollars have been given and the issue has been resolved, so don’t worry,” he said. However, the $ 3.6 billion credit line that the Government of Sri Lanka hoped to secure from the Oman Government last year has not been accepted due to concerns over conditions of the loan agreement.  “When we were having lengthy discussions about the conditions of the loan agreement, we realised that there was a problem with the conditions and concluded that it should not be in force at the moment. Although we realised then that it could be a good project, it is now inactive,” Cabinet Spokesman Minister Dullas Alahapperuma told the Cabinet press briefing last week.  The Government last year stated that it had turned down a request by Oman for the granting of an oil exploration block in the Mannar basin in exchange for interest payments on a $ 3.6 billion credit line. The credit line was to be on a five-year grace period and a 20-year repayment period aimed at financing Sri Lanka’s fuel procurements. The proposal received Cabinet approval in October 2021.  Meanwhile, the $ 500 million credit line that has been approved by the Indian Government is expected to reach Sri Lanka next month, enabling the fuel purchases for March to be carried out under that line. Nevertheless, the $ 500 million credit line can only ensure fuel purchases for a period of one month (approximately $ 400 million for transportation and industries as well as $ 100 million for full capacity thermal power generation). Hence, it would only provide temporary respite to the limping State economy. Meanwhile, the privately-run Kelanitissa Sojitz Power Plant was shut down last Wednesday (26) for compulsory overdue routine maintenance and will be out of service till the end of this week. It has also led to short power outages in some areas due to an imbalance in the system. CPC-CEB clash continues However, the tug-o-war between the CPC and CEB intensified last week amidst the US Dollar crunch, while the country continues to be pushed into a power crisis. Energy Minister Gammanpila has continuously warned that the power and energy crises could compound in the near future and that power cuts for a period of four hours are likely to be imposed in the coming months. Gammanpila first warned of the power and energy crisis due to a dollar crisis in July 2021.  The CEB Engineers Union (CEBEU) last week said that one-hour power cuts would be imposed on Monday (24) due to the lack of fuel and that it could increase to two hours to be imposed under four categories from Tuesday (25). The CEB on 22 January stated that it would be compelled to impose power cuts from Tuesday (25) night if new stocks of furnace oil were not made available for power plants. “We have fuel stocks until Monday (24) and from then on we will have a shortage of 183 MW. As of now we have been told we will only get furnace oil by March if we find dollars,” then Acting General Manager of the CEB Dr. Susantha Perera told the media. The Yugadanavi 300 MW power station was to also run out of fuel at the time. However, the CEB pinned hope on the third unit of the Norochcholai Coal Power Plant recommencing power generation following repairs. Nevertheless, the official explained that the 183 MW shortfall would remain until furnace oil stocks were made available.  Perera also noted that the timetable of power cuts could be announced on Monday (24). According to the CEBEU, hydropower generation has fallen to 25% of total electricity demand while the supply of coal, diesel, and fuel has increased by 72%. Power Minister Gamini Lokuge also stated last Monday (24) that the ongoing power crisis would be resolved in February once the unit at the Norochcholai Coal Power Plant that was being repaired recommenced operations. The Minister further noted that the LCs required for coal imports had been opened.  “LCs for two coal ships were opened yesterday, each carrying 60,000 tonnes of coal. We have to open only seven LCs in February, eight in March, and seven in April in order to get adequate stocks for the entire year,” Lokuge stated. Yet, the exact date of the Norochcholai unit recommencing operations is yet unknown. The Minister first said the plant would recommence power generation on 22 January and then later said it would be towards the end of the month. The repair work on the dysfunctional unit was delayed by the Chinese, who continue to maintain the plant, due to the failure to make outstanding payments amounting to around $ 25 million, it is reliably learnt. The delay resulted in pushing the country’s power crisis into further chaos. To cut or not? Amidst all this chaos, the CEB forwarded a programme for power cuts to the Public Utilities Commission of Sri Lanka (PUCSL) for approval last week. However, the PUCSL maintained that it was compiling a number of proposals to aid in averting and resolving the power crisis, with one of them being to utilise private- and State institution-owned backup generators which were idle most of the time.  “There are private- and State institution-owned backup generators around the country, which amount to about 3,000 MW of power. We have done a study and have had a discussion with a number of companies which own these generators. For example, Shangri-La owns a brand new 20 MW backup generator, the CBSL owns a 5 MW backup generator, and Sri Lanka Telecom (SLT) owns a 3 MW backup generator. The companies we had the discussions with are happy to aid in such a national crisis and we propose that a few of these idle generators, amounting to about 300 MW, be used for a few hours every day to save power from the national grid,” PUCSL Chairman Janaka Ratnayake told the media last Monday (24). Ratnayake also said that the PUCSL hoped to request the public to practise energy-saving measures such as switching off public billboards, switching off air conditioners (ACs) in office buildings for two hours every day, and switching off ACs in private households for three to four hours every day.  Nevertheless, the PUCSL said that it would decide on Tuesday (25) whether permission would be granted to the CEB to proceed with the proposed power outages within the next 11 days. On Tuesday, the PUCSL said that there was no necessity for power cuts from Tuesday until Thursday (27), as it had observed the availability of sufficient fuel stocks for the generation of electricity for the next three days. On Thursday the PUCSL announced that there would be no necessity for power cuts till tomorrow (31). Minister Lokuge however has claimed that the authorities do not expect power outages in the immediate future.  Minister Gammanpila last week presented nine proposals to be implemented immediately to address the current power and energy crises. They are: Schools to implement online lectures at least once a week; Introduce different times for State institutions to commence work in a bid to reduce traffic congestion; A pricing formula to be introduced for fuel; Impose restrictions on the number of vehicles entering the Colombo city; Reduce the number of people convened for meetings and conferences at state institutions and host such events through online platforms; Reduce the number of Local and Provincial Council members travelling to Colombo for meetings and discussions, and host such events through online platforms; Immediately impose measures to reduce traffic congestion and the use of vehicles; Industries urged to use renewable energy to generate necessary power to operate factories; Allocate one-third of the foreign remittances made to commercial banks to State institutions for the purchase of essential items, including fuel, medicines, and medical equipment.  Cabinet discussion The Cabinet of Ministers that met last Monday (24) discussed the ongoing power crisis and remedial action at length. Power Minister Lokuge also made several proposals that include the switching off of street lamps as well as energy saving measures at State institutions, which would also be proposed to the private sector.  The country is also facing a looming shortage of drinking water that would affect many areas in the coming months. However, the Cabinet decided to take all measures possible under the present situation to ensure a steady power supply to the country and also approved Lokuge’s proposal to advertise for emergency power purchasing. When discussing the power crisis, Health Minister Keheliya Rambukwella noted that all issues related to the crisis should be discussed at Cabinet meetings without conflicting statements being made to the public. While all ministers agreed, Energy Minister Gammanpila explained that certain statements were made in public due to the unfair accusations levelled by the CEB against the CPC in relation to the power crisis. After the discussion on the power and energy crises, the Cabinet also discussed the compensation package for farmers for crop loss during the Maha harvest. Agriculture Minister Mahindananda Aluthgamage informed the Cabinet that he proposes a rate of Rs. 100 per kilo to purchase paddy from farmers as it would also address the compensation issue. The Minister explained that paying double to the usual purchase price of Rs. 50 per kilo was adequate compensation. However, Lands Minister S.M. Chandrasena explained that it would cause several practical issues. He explained that if the price was set at Rs. 100 per kilo of paddy, the private sector would have to pay more for purchases, resulting in the price of rice seeing a drastic increase in the local market. Also, he noted that if the private sector refused to buy at Rs. 100 or above, the Government would have to make provisions to purchase all paddy stocks from farmers islandwide. Irrigation Minister Chamal Rajapaksa also agreed, noting that an increase in rice prices would be inevitable if a kilo of paddy was priced at Rs. 100. It was finally decided to fix the price of a kilo of paddy at Rs. 75 while making separate compensation payments. Power mafia at work Meanwhile, a pertinent point that needs to be highlighted is the fact that the CEB had prior knowledge, in fact dating back to several years, of an impending power crisis from 2021 due to the increasing power demand and failure to increase power generation modes. Certain sections at the CEB have continuously pushed for thermal power and coal power generation as solutions to the power crisis. Cheaper power generation, especially in the form of renewable energy, has not been implemented by these forces with the aim of pushing thermal and coal power once the power crisis sets in. The CEBEU maintains that power cuts were inevitable in the coming months due to the rapidly-declining water levels in reservoirs.  “We are in a critical situation because the Government did not build any power stations after 2014. If the controversial Sampur Coal Power Plant Project, funded by India, had not been cancelled in 2015, 500 MW of power would have easily been added to the national grid by 2020. The previous Government should be held responsible for that failure,” CEBEU President Saumya Kumarawadu has been quoted as saying. According to him, power cuts will have to be carried out despite CEB receiving the required fuel supplies.  Meanwhile, Minister Lokuge last Monday (24) alleged that “certain parties” wanted the Government to sign private power purchasing agreements, in order to acquire power at a higher cost.  “Some people want private power purchasing agreements to be signed, which is why some engineers are accusing the Government of not taking alternate paths to avoid a power crisis. But we have taken our own measures to avert the power crisis, by depending on our existing power plants. We will have to consider these kinds of agreements in April anyway, when the drought worsens. We have not forgotten that, but we are trying to do this at the lowest cost possible,” Lokuge said at a media briefing last week. He said that in the past, the CEB had received electricity from private power plants through such agreements, which had been terminated in April and June 2021. “We wanted to extend them only temporarily, for maybe three or six months, but the companies did not agree to do so.”  Furthermore, Lokuge said that the cost incurred by the CEB reduced significantly this January when compared to January 2021. “We were able to reduce this cost because last year we mostly relied on coal power and hydropower to generate electricity. These days we are focusing on running our fuel power plants.”  In 2020, the Cabinet of Ministers did not grant approval to extend the power purchasing agreements with three private power companies – ACE Power Matara, ACE Power Embilipitiya, and Asia Power Sapugaskanda – which together supplied a total of 170 MW to the national grid. It is reliably learnt that the Government is now under pressure to extend the power purchase agreements with private power plants at a high cost by three years at least. Pharmaceutical supplies Meanwhile, discussions are also ongoing on the fund allocation for the country’s pharmaceutical needs for the next six months. The total estimated fund requirement to import the required pharmaceutical products for the next six months is reportedly $ 132 million. However, it was reported during the latter part of the week that the Treasury has agreed to release the required funds to open LCs to import essential pharmaceuticals to prevent a shortage in the next few months. “The priority list of drugs was drafted as there was an urgent need of importing multiple drug items with immediate effect. Initially, LCs for four consignments of drugs worth $ 5 million were opened. Subsequently, the Treasury has given a further directive to relevant commercial banks to open LCs so that more drug items can be purchased,” State Ministry of Drug Production, Supply, and Regulation Secretary Dr. R.M. Saman Kusumsiri Ratnayake had told the media. The Secretary had further stated that LCs for 30 pharmaceuticals worth nearly $ 8.5 million, which needed to be imported with immediate effect, had been opened and would be delivered to the country in two or three weeks. The State Ministry has also handed over a list of drugs required until this April to the Finance Ministry. A majority of the pharmaceutical imports are from China, India, and Germany. Low reserves While all eyes are focused on the Government’s solution to address the foreign reserves crisis, CBSL Governor Cabraal had last week told the media that the bank was looking at restructuring the debt with the readjustment of the portfolio. He had further noted that the restructuring did not necessarily have to come from a foreign third party, as the Central Bank had adequate talent to better handle the situation.  Cabraal had further stated that the CBSL Monetary Board did not take decisions on its own and that it was advised by the Monetary Policy Consultative Committee, comprising the best brains in the country. According to him, policy decisions are not taken in silos and are instead shaped and reshaped by committees consisting of experts and around 870 qualified professionals working at the CBSL. “What we are doing is what lots of people who have to adjust their portfolios are doing,” Cabraal had said in reference to the domestic mechanism in place to overcome the current foreign exchange crunch. As for the reason for the Government’s refusal to seek IMF assistance, Cabraal had noted that they were confident the home-grown programme would work, since the IMF could not prescribe any other remedy at the present juncture than to restructure debt.  Cabraal, speaking during an interview with CNBC, stated that out of the $ 6.9 billion in foreign debt due this year, most of it was Sri Lankan-based loans that had already been negotiated for rollover. He also stated that certain multilateral debts were also being funded with new listings that were coming in. According to Cabraal, the only area of concern is the International Sovereign Bonds (ISB) and among the ISBs, Sri Lanka must pay back $ 1.5 billion this year, of which the Government has already settled $ 500 million this month. Accordingly, Sri Lanka has approximately a further $ 12.5 billion dollars in debt in ISBs to be settled over a period of seven years. Cabraal added that alternative sources were being looked at to fund the next loans. The CBSL meanwhile recently issued Rules making it mandatory for hotel service providers to accept payments from persons resident outside Sri Lanka only in foreign exchange. These Rules have been published in the Gazette Extraordinary No. 2263/41 dated 21 January 2022. At the same time, hotel service providers may accept payments in Sri Lankan Rupees from persons resident outside Sri Lanka provided they submit original documentary evidence to prove that such Sri Lankan Rupees represent the foreign currency brought into Sri Lanka and converted through a licensed bank or an authorised money changer. Basil turns to IMF Despite the resolute stance maintained by Cabraal against seeking assistance from the IMF, senior members of the Government continue to make statements to the effect that the Government is contemplating approaching the IMF. Cabinet Spokesperson Minister Dullas Alahapperuma recently stated that the Government was not averse to seeking IMF assistance and the latest Government member to express these sentiments was Finance Minister Basil Rajapaksa. Finance Minister Rajapaksa has told the UK’s Financial Times that Sri Lanka is negotiating debt relief with international bondholders and weighing an approach to the IMF. He has stated in the interview that the Government was “negotiating with everybody” and “trying all our options” to avoid default and alleviate the economic crisis.  “We have (ISBs) which we have to repay back, so we are negotiating with them. Then we have creditors and we have to service their debt, so whether we can have an adjustment or some type of thing,” he has said. Rajapaksa has added that the Government would “think about a programme with the IMF… All those discussions are going as well”. Asked if he was negotiating a restructuring with bondholders, Rajapaksa replied, “something like that”.  “Obviously you can understand what we want and you can understand what the bondholders would like to have,” he has added. Rajapaksa insisted the Government could manage but was preparing for contingencies. “I know it’s very difficult because we have to pay $ 6.9 billion this year and, in addition to that, we have to find money for medicine, raw material, fuel, all these things,” he has said.  Chinese soup Meanwhile, Finance Minister Rajapaksa faced an embarrassing situation last week after news of the Chinese Government’s plans to donate one million MT of rice to Sri Lanka to commemorate the Rubber-Rice Pact with China was publicised by Cabinet Co-Spokesman Minister Dr. Ramesh Pathirana recently. However, it was later learnt that China had not undertaken such a commitment. Basil in fact took up the matter at last week’s Cabinet meeting. The Minister explained that he had made a request from the Commercial Secretary of the Chinese Embassy in Sri Lanka during a recent meeting when they had discussed the longstanding relationship between the two countries and the Rubber-Rice Pact. “I made the request and I just informed the Cabinet that I had spoken to the Chinese Embassy official about the matter and that the official had said he would look into the matter. There was no undertaking by the Chinese on the matter,” Basil explained, adding that the Chinese Government had inquired from the Chinese Embassy officials about the new report. “The Chinese Government had asked the Chinese Embassy whether there was any undertaking that they [the Chinese Government] were not aware of. The Chinese officials then informed me of this,” the Minister observed. The Government is also exploring the possibility of entering into a Preferential Trade Agreement (PTA) with China instead of a Free Trade Agreement (FTA) urged by the Chinese. The Sri Lankan Government is also looking at PTAs with Bangladesh and the Maldives. Amending the PTA Act With the UN Human Rights Council (UNHRC) sessions around the corner and the Government of Sri Lanka’s human rights record set to be taken up for discussion come March, the Government is looking at building relationships with the international community through open dialogue.  It is in this backdrop that Foreign Minister Prof. G.L. Peiris last Wednesday (26) stated that the Cabinet of Ministers had, on Monday (24), given their final approval to the amendments to be made to the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA).   “The Cabinet has placed their approval for the amendments I have presented. The next step is for the Bill to be gazetted. What the Cabinet approved on 24 January night was the Bill itself – not proposals made with regard to contemplated changes but the actual text of the Bill which will be presented to the Parliament. I will present it to the Parliament after the Legal Draftsman presents a number to it,” Prof. Peiris said, whilst addressing the first diplomatic briefing for 2022 at the Foreign Ministry.  A media release by the Foreign Ministry stated that the Minister had said the present PTA was 43 years old and came into being a year after the present Constitution was presented.  “Not many people are aware of the fact that the title of the Act holds the word ‘temporary’ in it. These temporary provisions have held sway for half a century, so obviously there is a need to revisit them and that is what we have done. The sum and substance of the changes embodied in the legislation which has now secured Cabinet approval are very considerate,” he had said.  He had further noted that one of the changes is that when a person is taken into custody under the PTA, a magistrate must be immediately informed and have access to the person detained. “The magistrate must personally satisfy himself/herself with the fact that the conditions of detention are acceptable. The Judicial Medical Officer (JMO) also has a similar role. If there is even the slightest implication that torture has been applied or there has been some other form of maltreatment, then that situation has to be reported to the Inspector General of Police (IGP) and the Attorney General (AG), with a view to the swift institution of criminal proceedings.” Amendments are to also be included to the sections on detention orders, restriction orders, expressly recognising the judicial review of orders, the expeditious disposal of the cases pertaining to those charged in order to avoid long-term detention, repealing sections impinging on the freedom of expression and the right to communicate with the family, the granting of bail to long-term detainees, and the day-to-day hearing of cases. Prof. Peiris had also referred to recent developments relating to Attorney-al-Law Hejaaz Hizbullah, noting that a case had been filed by the AG under the PTA and that the AG had informed the Court of Appeal that he would not object to bail being granted to the accused.  Meanwhile, the Supreme Court last Wednesday (26) granted leave to proceed with the case against the De-radicalisation Regulations that come under the PTA (Temporary Provisions) Act No. 48 of 1979, under Articles 10, 12(1), and 13 of the Constitution, the Centre for Policy Alternatives (CPA) mentioned on its official Twitter account.  The tweet also mentioned that the Supreme Court had issued an interim stay order preventing the operation of the controversial regulations, as well as any amendment or alteration to them, until the conclusion of the case. The hearing of the case has accordingly been fixed for 21 and 23 March 2022. The petitions challenge the PTA (De-radicalisation from holding violent extremist religious ideology) Regulations No. 01 of 2021, published in Extraordinary Gazette No. 2218/68 dated Friday, 12 March 2021. Earlier last year, the European Parliament called on the Government of Sri Lanka to repeal the PTA and the European Commission to consider the temporary withdrawal of the Generalised Scheme of Preferences Plus (GSP+) trade concession from Sri Lanka if it is not done. Briefing on human rights The Government last Wednesday (26) also briefed the diplomatic community on the progress related to human rights and reconciliation as part of the continued engagement ahead of the upcoming 49th Session of the Human Rights Council, which will commence in the last week of February. Foreign Minister Prof. Peiris recalled that at the September 2021 UNHRC Session, he had reiterated Sri Lanka’s commitment to the promotion and protection of human rights and to remain engaged with the United Nations, including the Human Rights Council. In this context, the Minister referred to the constructive engagement with the international community in a spirit of co-operation and dialogue. Peiris said the Government had undertaken substantial steps with a view to accountability, restorative justice, and meaningful reconciliation which were efforts due to the work of domestic institutions and invited the heads of these institutions to brief on the tangible progress made. Accordingly, presentations on the progress of domestic institutions during the past year were made by Office for Reparations (OR) Chairperson Dhara Wijayatilake, Sustainable Development Council (SDC) Director-General Chamindry Saparamadu, Office for National Unity and Reconciliation (ONUR) Director-General Deepthi Lamahewa, Office of Missing Persons (OMP) Head of Protection and Legal J. Thatparan, and Human Rights Commission of Sri Lanka (HRCSL) Director – Research and Monitoring Nihal Chandrasiri. International assistance Meanwhile, Colombo Archbishop His Eminence Malcolm Cardinal Ranjith claims that the Catholic Church is currently exploring the possibilities of reaching out to the international community, including the United Nations (UN), to seek justice for the 2019 Easter Sunday terror attacks since all attempts made by the Church to get justice within the country had failed. Speaking during a virtual forum last week, he had said: “We have tried our best to get justice from our people within our own context, but all these attempts have failed. Therefore, it does not leave us much room but to explore the possibilities of going international. That means that we will also be going to the UN.” “Not only to the UN, but we will try to influence some of the more pertinent and powerful countries that have a relationship with us, because, as the Catholic Church, we are an international organisation and we have our links all over the world. Also, at my level as a Cardinal, I have my fellow brothers who are Cardinals in different and important cities and countries with whom we will be able to do that,” Cardinal Ranjith had said. Archbishop Ranjith had further noted that while he had not pursued such action so far as he had hoped that this issue would somehow find a local solution, it had now become apparent to them that nothing was happening.  “In fact, the legal system operated by the Attorney General does not seem to consider the recommendations of the Presidential Commission of Inquiry into the Easter Sunday terror attacks. Therefore, we are left with no other option but to go to the international community.” Probe flawed? Meanwhile, President’s Counsel Rienzie Arsekularatne, appearing on behalf of three suspects – including Francis Munindran, who is the sacristan of All Saints’ Church in Borella – had told the Colombo Magistrate’s Court last week that the manner in which the investigation into the incident of a hand grenade being found in said church had been conducted was flawed.  He had further told the Court that this flawed investigation had led to three innocent people being arrested and detained by the Police without properly investigating what had happened and that the relevant closed-circuit television (CCTV) camera footage would be submitted to the Court to uncover the true information related to the incident.  Arsekularatne had further noted that since the church was preparing to hold a special service on 14 January to mark the 1,000th day since the 21 April 2019 Easter Sunday terror attacks, people would have been afraid to attend said service on that day if the hand grenade had somehow exploded inside the church. Accordingly, there is a question as to whether the hand grenade was placed with the intention of disrupting the service on 14 January, Arsekularatne had observed. The Counsel had also stated that they could not trust the investigations being carried out by the Colombo Crimes Division (CCD) into the incident and therefore, requested the Court to direct Inspector General of Police Chandana D. Wickramaratne to withdraw the investigation from the CCD and transfer it to another division. Subsequently, Colombo Additional Magistrate Rajindra Jayasuriya had ordered the CCD to complete the investigation into the incident and report to the Court on its progress. Meanwhile, claiming that there were a lot of media reports regarding the investigations which had not been reported to the Court, Attorney-at-Law Chaminda Athukorala who appeared for Dr. Shirley Herath (Herath is currently in custody over said incident), had told the Court that it was highly questionable how confidential information revealed during the investigation had reached and continued to reach the media. The Counsel had further requested the Court to issue an order to the CCD to conduct the relevant investigations impartially. The Additional Magistrate had then told the Court that she too had a problem with how confidential information related to these investigations was being published in the media. President’s Counsel Neville Abeyratne, who appeared in Court on behalf of the Colombo Archbishop and the All Saints’ Church, had told Court that this was a very serious incident and that there was a problem with the transparency of the police investigation into the matter. Assistant Superintendent of Police (ASP) Neville de Silva of the CCD had appeared in Court on behalf of the complainant.  He had said that he was deeply saddened by the statements made by the lawyers appearing for the suspects and explained that six suspects were being held in Police custody on Detention Orders (DOs) under the Prevention of Terrorism (Temporary Provisions) Act (PTA) and that the other suspect had been remanded. Claiming that what was published in the media was not the Police investigation, but only information obtained in an ad hoc manner, ASP de Silva had said that he could not make any statement regarding such reports and that investigations into the suspects who were detained were not over yet. Meanwhile, Dr. Herath, who is currently detained on a DO, made a two-hour confidential statement in Court regarding the incident last Wednesday (26).


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