The Supreme Court has decided that a group of former senior government officials, including former President Maithripala Sirisena, have violated Fundamental Rights by failing to prevent the 2019 Easter attacks.
The Court has thereby, ordered former President Maithripala Sirisena, former Secretary of Defence Hemasiri Fernando, former State Intelligence Service Director Nilantha Jayawardena, former Inspector General of Police Pujith Jayasundara and former National Intelligence Chief Sisira Mendis to pay compensation to the victims.
Issuing its verdict, the Supreme Court outlined the following Summary of Orders pertaining to the Easter attacks case;
1) A Victim Fund must be established at the Office for Reparation, which must formulate a scheme to award the sums ordered as compensation in a fair and equitable manner to the victims and families.
2) The former President, Mathripala Sirisena is ordered to pay a sum of Rs 100 million as compensation.
3) The former IGP Pujith Jayasundera and the former Director, SIS Nilantha Jayawardena are directed to pay Rs 75 million each as compensation.
4) The former Secretary, Defence Hemasiri Fernando is ordered to pay Rs 50 million as compensation.
5) The former CNI Sisira Mendis is directed to pay Rs 10 million as compensation.
6) The State is ordered to pay Rs 1 million as compensation. The State and the individual respondents named above must make their payment of compensation to the victim fund maintained at the Office for Reparation. Respondents are directed to pay the aforesaid sums out of their personal funds.
7) The Office for Reparation must also investigate the alleged underpayment and nonpayment with regard to the cabinet decision taken to compensate the victims. 8) We also direct the Office for Reparations to invite any generous benefactors and donors to contribute towards the Victim Fund, by way of notifications in the media.
9) A progress report on the scheme of payment and the details about payments made by the above respondents and any benefactors must be made available to this Court within 6 months from today.
10) The Attorney General is directed to coordinate and liaise with the Office for Reparation in giving effect to this order.
11) In view of the observations we have already made as regards the conduct of the Director, SIS, we direct that the State take appropriate disciplinary action forthwith against the former Director, SIS Nilantha Jayawardena for his aforesaid lapses and failures.
The justices also expressed shock and dismay at the deplorable want of oversight and inaction that have been seen in the conduct of affairs pertaining to Security, Law and Order and Intelligence.
The court verdict states there are glaring examples of a lack of strategic coordination, expertise and preparedness that need a critical examination as to the way forward.
The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastations have left behind an indelible blot on the security apparatus of the Country and this Country which is blessed by a multi-cultural and multi-religious polity cannot be left to the vagaries of these follies and made to suffer leading to violence, fear, apprehension and uncertainty.
These events must recede into oblivion but they remind us starkly of the necessity to effect legislative, structural and administrative changes.
The court verdict further states, it is evident from the evidence placed before us that there is an urgent need to place the National Security Council (NSC) on a statutory footing and its composition specified with clarity so that there are no manoeuvres to manipulate hostile exclusions and selective inclusions.
The affidavit testimonies and the large volume of documents we have perused highlight the necessity to revamp the security systems and intelligence structures so that the expanding threats of terrorism and emerging challenges could be nipped in the bud and arrested as this Country cannot descend into anarchy once more.
The course of conduct we have scrutinized demonstrates a woeful lack of expertise in intelligence gathering and dissemination among important individuals entrusted with the task.
For instance, the office of the Director, SIS and CNI must be occupied by individuals with the necessary skill and expertise and the conduct of the Respondents who held the office, upon receiving sensitive intelligence, shows a lack of awareness and understanding of the strategic vision.
The court verdict added that the justices recommend that the duties and functions of the office of Chief of National Intelligence (CNI) must be stipulated with definite certainty and the office should be occupied by a person having the necessary expertise, training and qualification. (NewsWire)
Full Verdict
https://www.supremecourt.lk/images/documents/sc_fr_163_2019.pdf