• Several complaints were received by the HRCSL alleging that  Ex-President Gotabaya Rajapaksa had tendered his resignation under  threat and coercion

By Darshana Sanjeewa Balasuriya  

The Human Rights Commission of Sri Lanka (HRCSL) in a letter to President Ranil Wickremesinghe has recommended the Government to take all necessary steps to assess the threat situation and provide former President Gotabaya Rajapaksa and his family with the security protection provided under the law, to safely return to the country whenever he makes such a request.   

HRCSL Chairperson Rohini Marasinghe and Commissioner Dr. Nimal Karunasiri informed the president that the family of Gotabaya Rajapaksa, now living aboard, is entitled to the protection of the law to a safe return to the country.   

Several complaints were received by the HRCSL alleging that Ex-President Gotabaya Rajapaksa had tendered his resignation under threat and coercion, and the government had failed to provide adequate security to Gotabaya Rajapaksa during this period. And now, the Ex- President and his family intend to return to the country, according to a letter to President by the HRCSL.  

The complaint is based on the premise that the Ex-President and family cannot return to the country due to the prevailing threats they face and that it violates fundamental rights guaranteed under the Constitution for every citizen.  

The HRCSL has gone through the complaint. lt grossly violates the fundamental rights guaranteed to every citizen if that citizen cannot return to the country for extraneous reasons beyond his control and which are within the control of the State to eliminate.  

Primarily it is inherent for all citizens to return to their country whenever such a citizen seems it necessary. “Every citizen is entitled to the freedom to return to Sri Lanka,, (Article 14 (1) (i) It is alleged in the complaint that Gotabaya Rajapaksa and his family, who are citizens of this country, are unable to return to the country due to prevailing threats to their lives.  

It unequivocally violates fundamental rights if all persons are not guaranteed equal protection under the law. “All persons are equal before the law and are entitled to the equal protection of the law.  

The complaint further alleged that the Ex-President could not return to the country unless the Government guaranteed the security he is entitled to under the law as the Ex-President of Sri Lanka.  

The Commission said it has observed that Ex-President Gotabaya Rajapaksa is entitled to certain privileges and benefits as an Ex-President established under law.  

The HRCSL said that the Law enforcement officials of Sri Lanka should assess the threat situation that would affect the violation of the fundamental Rights of Gotabaya Rajapaksa and his family now living abroad to return to the country and take all reasonable and appropriate means to prevent and or remedy such infringement within the framework of the law of Sri Lanka and permit their safe return to the country.

• The complaint alleged that the Ex-President could not return to  the country unless the Government guaranteed the security he is entitled  to under the law as the Ex-President of Sri Lanka