Sri Lanka needs an independent public prosecutor

COLOMBO: SJB parliamentarian Eran Wickramaratne today questioned as to why the leaders of the incumbent government are silent when the economic crimes in Sri Lanka are discussed and the government was accused of impunity at international fora, including the UN Human Rights Council (UNHRC).

Speaking at a press briefing at the Opposition Leader’s Office, the MP also said that the UNHRC has for the first time talked about economic crimes in the country.

He stated that Sri Lanka has featured at the council because of the human right violations in the past during the war and that several steps were taken by the past ‘Yahapalana’ government to rectify the human rights situation.

He said the office of reparation and office of missing persons and, structures were put in to create reconciliations and a lot of work was done including the handing back of the lands taken over during the war. “A lot of these have been set back over the past few years during Rajapaksas’ governments. This time economic crime has featured at the UNHRC session.”

The MP also said that government has given some indications that assets and liabilities of politicians and certain public officials would be monitored and also the government has given an undertaking that the bribery commission would be made independent, and they are expecting those laws to be brought before Parliament this month in September.

However, Eran pointed out that those laws alone would not suffice to deal with financial crimes.

“Financial crimes are where leaders, Presidents, Prime Ministers, Ministers and prominent family members of the ruling party have stolen the assets of the country and hidden them in the country or abroad.  UN has a Stolen Assets Recovery Program (STAR) to this international menace. We have demanded the present government of Sri Lanka to bring in a law to persist with stolen asset recovery. This is absolutely essential.”

“We have a new President, Mr Ranil Wickremesinhge just making proclamation that he is going behind those who robbed won’t help without bringing the Stolen Assets Law. These are the immediate needs, so cannot be delayed any further. But there has been silence on the part of the government in this regard,” the parliamentarian said.

“In addition to that we have to pursue those who committed these crimes.” He stated that in Sri Lanka, the Attorney General’s Office is the advisor to the government and that unfortunately, there is a clear conflict of interest as the AG functions as the advisor to the government as well as the prosecutor.

“Under this context we haven’t seen any significant prosecution of any politician or high public officials in the last several decades in Sri Lanka.”

He added: “It is time Sri Lanka needs an independent public prosecutor.

“Just over the last 12 months those Sri Lankans who got bribes from Airbus deal to actually Sri Lanka to procure Airbus aircrafts, were named in the UK courts.

“What has the AG’s department done anything about it? Where are the prosecutions in this country?

“We know the Central Bank of Sri Lanka under the guidance of then Governor Nivard Cabraal hired agents in the US to promote the image of Sri Lanka. The agent named Zuberi was paid millions of dollars by the Central Bank, later convicted in the US Federal Court and sentenced to 12-year imprisonment. Why didn’t the AG’s department pursue that case and punish those responsible for approving such payment?”
 
“

“We have another situation where Jaliya Wickramasuriya, then Sri Lankan Ambassador to US, has been convicted in a US court for an attempt to fraudulently take money while being in office. These three incidents were concluded in public convictions in foreign jurisdictions during the last 12 months. The question arises as to why the AG’s department has not rigorously pursued those who have committed these financial crimes.”

“Through these crimes with the aegis of those in the power the Sri Lankan citizens and the taxpayers have been played out. As a result, the people of this country have lost confidence in the government and the system in practice.”

Eran Wickramaratne emphasized that the time has now come not only for a Stolen Assets Recovery Law but also to have an Independent Public Prosecutor in this country that would help Sri Lanka to get off the list of the countries which have committed economic crimes.

With regard to the IMF agreement, Mr. Wickramaratne stated that IMF chief has said that in order to approve Sri Lanka’s borrowing from the International Monetary Fund, Japan, India and China must agree on the debt restructuring on the loan given to Sri Lanka.

He also mentioned that while the government is protecting fraudsters, it is not possible to get the international community to agree with Sri Lanka.