Where will Govt.’s crackdown on ‘aragalaya’ activists end?

Protest held in front of UN Human Rights Council - Geneva, calling for the release of aragalaya activists

Addressing the Third session of the 9th Parliament President Ranil Wickremesinghe said that it is a fundamental right of people to engage in peaceful protests and that he accepts such rights. “I will not allow any kind of prejudice to the peaceful activists. I will establish an office to protect the peaceful protesters and support them,” he added. He further called law enforcement authorities to act ‘sympathetically’ towards those who have engaged in illegal or unlawful activities unknowingly while inviting youth who have been engaged in protests to express their views at the people’s assembly that will be established to bring about political reforms. However, contrary to his speech, peaceful protesters have been arrested while some were allegedly abducted and/or arbitrarily detained over the past few weeks and the Police have continued their witch-hunt on peaceful protesters. 

"The provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence indicative of terrorist dimension"

Timeline of arrests and detentions in August and September 

August 3 - trade union activist Joseph Stalin and Ven. Mahanama thera of the Jathika Bikshu Peramuna were arrested. 
On the same day, British social media activist Kayleigh Fraser who actively engaged with the aragalaya received a threatening phone call asking her to leave the country. Subsequently her passport was seized and Immigration Officials requested her to leave the country within five days. Fraser filed a petition in the appellate court challenging the government’s decision to deport her, but her case was rejected due to lack of sufficient evidence.
August 18 - Inter-University Students Federation Convener Wasantha Mudalige along with 19 other student activists were arrested during a protest held in Colombo. While the 15 others were released on bail, a 90-day detention order was slapped against Mudalige, Hashan Gunathilaka and Rev. Galwala Siridhamma Thera under the Prevention to Terrorism Act.
August 18 - activist Chinthaka Rajapaksa was arrested.
August 22 - Socialist Youth Union National Organiser Rangana Devapriya was arrested by Slave Island Police. The arrest was made when he participated at a silent protest in front of the Slave Island Police on Monday morning. According to the Police, Devapriya was arrested as a suspect for his involvement in incidents that took place in Fort, Bank of Ceylon Mawatha and opposite Police Headquarters.
Aragalaya activist Piyath Nikeshala who arrived at the CID to record a statement was arrested and handed over to the Fort Police. In the meantime Ravindu Rankoth, Priyanga Vishwajith and Susara Yasas were summoned by the CID.
August 23 - Rev. Fr. Jeewantha Pieris surrendered himself before the Colombo Magistrate’s court and was granted bail on August 24.
On the same day, performance artiste Shanika Rukshan Senadheera was arrested for a performance he did in front of the Police Headquarters.
August 24 - GotaGoGama activists, Ven. Balangoda Kassapa Thera and Senadhi Guruge arrested. Ven. Kassapa thera was arrested on charges of forcibly entering the Temple Trees. Guruge was arrested over an alleged assault on two intelligence officers. 
September 6 - Aragalaya frontliner Sakuna Lakshan summoned to the CID to obtain a statement.
September 7 - Aragalaya activist Oshantha Prasad Dabare summoned to the CID to obtain a statement.
September 8 - Actress Damitha Abeyrathne arrested during a protest and further remanded till September 14..
September 9 - Former IUSF Convener Lahiru Weerasekara arrested and released on bail the following day.

"Critics point out that violating human rights and abusing laws will not bring about stability in the country"

A draconian piece of legislation 

The Prevention to Terrorism Act has been used to arrest and detain many who have been involved in the aragalaya. Issuing a statement the Bar Association of Sri Lanka said that the PTA is a draconian piece of legislation which gives wide powers to the Executive to arrest and detain persons for a lengthy period of time. “Although detention orders are amenable to the fundamental rights and writ jurisdictions of the apex courts, they are not subject to regular judicial supervision unlike instances of arrests and detention under the general law. Administrative detention confers the Executive with wide powers over the freedom of physical liberty of a person and lengthy detention periods without judicial supervision and goes against internationally accepted standards of the protection of human rights. There is also the danger that such detention may result in the detainee being subject to torture and inhuman treatment. The provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence indicative of terrorist dimension that would make resort to its use justifiable. The PTA was intended to address situations of terrorism and never to address offenses which may have occurred during the expression of dissent against the Government such as protests for which there exits the ordinary law of the land including the Penal Code,” the statement read.

"Even though they continue their witch-hunts on protesters they will never be able to silence the voices of people"

Detainees questioned according to a script?

Speaking on the detention of IUSF Convener Wasantha Mudalige, Attorney-at-law Nuwan Bopege said that Mudalige is being questioned according to a script. “He is being questioned regarding protest marches that took place on April 8, the protest that took place in front of Prime Minister’s official residence, the two-day protest near Parliament, the protest near World Trade Center and the protest march on July 8, prior to the public uprising on July 9. The state is of the view that if not for the IUSF there wouldn’t have been a public uprising of this nature. They are trying to show that the IUSF is nothing, but a cult and not a movement that facilitates political ideologies and fights for the rights of higher education in the country,” said Bopege.

"The state is of the view that if not for the IUSF there wouldn’t have been a public uprising of this nature. They are trying to show that the IUSF is nothing, but a cult and not a movement that facilitates political ideologies and fights for the rights of higher education in the country”
- Nuwan Bopege Attorney-at-law

Change as ‘inclusive change’ 

In her comments, Women’s Rights Activist Shreen Saroor said that the youth have asked for a change through the aragalaya and that change should come as ‘inclusive change’. “As people from minority communities working in the North and East we have been calling for the abolishing of the Executive Presidency for a long time and repealing of various laws that are repressive. These include the Prevention of Terrorism Act and the Executive Presidency that allows the President to overrule other laws in the country. One example is the emergency that he has declared. We urge the President to immediately release all people who have been abducted, arrested and arbitrarily detained. People protested due to the economic hardships they faced and we too have been part of these protests. Violating human rights and abusing laws will not bring about stability in the country. If this country is to move forward he has to respect the Constitution and the laws in this country,” opined Saroor. 

Repression as an essential service 

Speaking on behalf of the Galle Face protesters, Mareena Lakshani said that when considering the comments made by certain politicians, it is clear that repression has become an essential activity. “On a previous day MP Sanath Nishantha said that the Galle Face protesters should be suppressed similarly to the ’71, ‘88/’89 insurrections. Through such comments he is trying to instill a fear psychosis among people and also among protesters. We see social media activists being arrested on charges of hate speech and other unlawful reasons. But there is no action being taken against politicians like Sanath Nishantha. The main goal of the government is to remove people from these protests. But we would like to remind them that this is not the 1980s; it’s 2022 and they cannot go by the same playbook. It is a protest by the people against oppression. Even though they continue their witch-hunts on protesters they will never be able to silence the voices of people,” Lakshani further said.

"We see social media activists being arrested on charges of hate speech and other unlawful reasons. But there is no action being taken against politicians like Sanath Nishantha. The main goal of the government is to remove people from these protests”
-  Mareena Lakshani Galle Face protesters Representative

State’s attempts to kill people’s democratic spirit

Ever since Wickremesinghe assumed duties as the President several arrests have been made during the past one month on charges of entering the President’s House, Prime Minister’s office and so on,” opined Human Rights Activist and Lawyer Swasthika Arulingam. “What the Police, CID and CCD are trying to do is to frame a political moment in history in a penalised, illegal way. If you want to capture political moments in a penalised, illegal way we can look at various points in history. If we take the independence movement it can be looked at as an act against the state. In 1972 a group of men got together sat in Navaranghala, broke the constitution and said that they are forming a new constitution. This is an act against the Queen and hence, a coup. So if you retrospectively look at it, it will be like they are acting against the state and an act of terrorism. But if we look at it now, it was the moment when our country got independence and its first republican constitution. The state now wants to capture a political moment. Now that Ranil Wickremesinghe is in power he wants to crush that moment, crush the protests, dissenters and kill the democratic spirit of protesters. We need to oppose that. Secondly, over the last five days, two boys were abducted and they disappeared for several hours. The lawyers were searching for them and the Police were purposefully giving false and wrong information. Enforced disappearance is a crime in Sri Lanka, but the Police has carried it out. According to the Paranagama Commission report, around 25,000 people have gone missing in Sri Lanka, but they have not been accounted for since today. It’s sad that we haven’t protested for them and this is the history of our country,” said Arulingam.

Responding on the upcoming UNHRC sessions, she said that at different moments Sri Lankans look at what the UN and other international organisations would think of. “But what about us, the people protesting for change? How does political stability translate on the ground? It translates to repressing protesters. A politician recently said that our international reputation will be ruined. But what about their responsibility towards us? The more we stay together the more protection there is for us. The more we isolate ourselves from the protests, the easier it is for the state to oppress us,” she said. 

What about apprehending pro-government mobs?

Priyanga Viswajith was attacked on May 9 and even after identifying six suspects, Viswajith claims that none of them had been arrested as yet. He was summoned to the CID to record a statement on charges of entering the President’s office. Speaking to the media Viswajith said that many people attacked him and he had identified six of them in an identification parade. There are photo and video evidence of suspects who attacked protesters on May 9. But nothing has been done as yet. It’s humorous to see them arresting protesters this way,” said Viswajith. 
However on August 24, the Fort Magistrate Court ordered MPs Sanath Nishantha, Milan Jayatilleke and social activist Dan Priyasad to hand over their mobile phones to the CID for further investigations regarding violent incidents on May 9.