Chirantha Amerasinghe 109/08,

Kahatagahawatta Mw,
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28th of February 2022

Mr. Gamini Sedara Senerath,

Dear Sir,

Discrepancy in the “Presidential Commission of Inquiry report into the Terror attacks on 21st April
2019 Easter Sunday” handed over to Parliament

The Discrepancy

A. On the 1st of February 2021 the Presidential Commission of Inquiry into the Terror attacks on
21st April 2019 Easter Sunday handed over its final report to the President. The news aired on 1st
February 2021 by Hiru TV states that according to a spokesman of the Presidential Commission
the full report consists of nearly 100,000 pages (https://fb.watch/bpqTbhz0Xw/). Further,
according to an article published on the state owned Dinamina news paper on the 25th of February
2021, the full report consisted of over 100,000 pages (Original link :
http://www.dinamina.lk/2021/02/25/විශ ෂ ේ ාංග/116657/යුක්තිශේ-සටහන-ප සේු-ශ මිෂන්-සභ -
ව ර්ත ව , Archive Link : https://archive.is/UAf6s).

B. Further, the front page of the Aruna News paper released on 1st February 2021 quoting a statement
of the Secretary of the Commission Mr. H.M.P Buwaneka Herath, reported that the final report
would likely exceed 100,000 pages (Evidence annexed marked E1). It is my understanding that
the Presidential Commission of Inquiry report into the Terror attacks on 21st April 2019 Easter
Sunday (referred to as “PCoI report” hereafter) was compiled by the 31st of January 2021 before
being handed over to the President the next day.

C. With the United Nations Human Rights Council up on the horizon, on the 22nd of February 2022,
it was reported that all 88 volumes of the PCoI report were handed over to Parliament.
Subsequently on the same day, co-Cabinet spokesperson Minister Ramesh Pathirana at the
Cabinet press briefing stated that some sensitive content in the PCoI report was withheld by the
President for national security.

D. In such context, by the 23rd of February 2022; it was reported by the media that the Parliament
has received the full PCoI report containing around 69,800 pages.

E. On the 26th of February 2022, Presidential Legal Affairs Director Mr. Harigupta Rohanadeera
confirmed to me that the entire PCoI report consisting around 67,808 pages was handed over to
Parliament. Mr. Rohanadeera refuted claims made by the Presidential Commission Secretary in
February of 2021, who had stated that there were nearly 100,000 pages, and further refuting the

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 statement made by co-Cabinet spokesperson Minister Ramesh Pathirana on 22nd of February
2022, Mr. Rohanadeera went on to say that the President has not withheld any content of the PCoI
report.

Call recordings of the conversation between Mr. Harigupta Rohanadeera and myself :

Call Recording 1 (2022-02-26 – 10:13:33AM) : https://drive.google.com/file/d/1D-

Call Recording 2 (2022-02-26 – 10:31:58AM) :

F. I am baffled to the fact that a report said to be nearly or over 100,000 pages is now actually 67,808
pages. In addition, for a government that actively monitors and enforces the law against activists
for allegedly spreading misinformation; I duly note that the PCoI report on Easter Sunday was
with the Presidential Secretariat since 1st February 2021, and that the Secretariat has taken no
steps to rectify the then headline news reports which clearly claimed the PCoI report was over or
near 100,000 pages until I and others started to question this matter via social media, Right to
Information requests, and communication with relevant officials, after a reduced figure of 69,800
pages came to light as a result of the report being handed over to Parliament.

Points of suspicion

G. I notably recall how the government took suspicious turns in relation to the PCoI report, for
example on the 3rd of March 2021, it was reported by the media that "The Presidential Secretariat
has declined to release 22 volumes (each containing about 600 pages) of proceedings to Attorney
General Dappula de Livera" giving the reason "The Attorney General has been informed that the
PCoI is of the opinion that 22 volumes shouldn’t be disclosed due to the sensitive nature of the
information therein relating to national security." (Link https://island.lk/pcoi-report-on-easter-
sunday-carnage/, Archive link https://archive.is/knueG ) . Later sighting pressure from the
Catholic Church and all those who seek justice into the Easter Sunday terror attacks, on the 12th
of March 2021 the said volumes were released to the Attorney General.

H. Governments all over the world have issues when defining of the term "national security" and
assigning content and or legal charges to it since many politicians tend to tangle their “political
security” with “national security”. I believe that any content that is subjected to "national
security" be taken to a Judicial review before a full seven judge bench of the Supreme Court for
its determination.

I. I am puzzled as to how a PCoI full report that was withheld so much due to the "sensitive nature
of the information therein relating to national security" was just handed over to Parliament
without anything being withheld by President as claimed by Mr. Rohanadeera who is not only
refuting the discrepancy in the number of pages but also refuting the statement made by the co-
Cabinet spokesperson. Under such circumstances, I am hamstrung as to how and why the said
volumes were not released along with the first volume itself last year, and raises a reasonable
suspicion as to if the said volumes released to Parliament were censored, modified and or
reprinted, therefore I believe that this matter would need a transparent legal investigation.

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J. I recall the contents of the complaint filed with the Criminal Investigations Department on the 2nd
of April 2021 against now Minister of Public Security Hon. Sarath Weerasekara over his alleged
involvement in the Ampara anti-Muslim riots in 2018 which contributed to the terror attacks on
Easter Sunday, and I note the CID's failure to investigate the complaint so far. Link to the
recording submitted to CID containing a vocal statement by then President Maithripala Sirisena
claiming Weerasekara’s involvement in the Ampara incident, Rajapaksa family involvement in
extremism, Rajapaksa’s fostering extremist groups, and his comments on government run
extremism before 2015 is
https://www.youtube.com/watch?v=W1MrrOSNeBQ .

K. I also recall the contents of the complaint filed with the Inspector General of Police, Speaker of
Parliament, and the Hon. Attorney General against former Defense Secretary Gotabaya Rajapaksa
and former President Mahinda Rajapaksa on the 31st of December 2021 in relation to their
possible involvement in the Terror attacks on Easter Sunday. I note the failure to investigate the
complaint so far.

L. In such context, I also recall that the first noted contributing factor to the Easter Sunday Terror
attacks as listed in the PCoI report, Ven. Galagoda Aththe Gnanasara Thero (page 331, Vol 1) was
appointed as the Chairman of the Presidential Task Force for One Country and One Law by His
Excellency the President on the 26th of October 2021. The Thero and extremists’ organizations
such as Bodu Bala Sena was found to have provided a fertile ground for Zaharan to prosper (page
361, 362, Vol 1) contributing to the Terror attacks on Easter Sunday. I note that according to the
statement made by Member of Parliament Hon. S. B. Dissanayake, it is Gotabaya who had created,
protected and looked after the Bodu Bala Sena organization (Video :
https://www.youtube.com/watch?v=5N51NkYsIxw).

M. I recall that the Parliamentary Select Committee Inquiry Report (PSC) into the Easter Sunday
Terror attacks which recommended to investigate if the terror attacks were allowed to happen as
part of a political plan (PSC Page 3), but so far such investigations have not been done. Even
disregarding my written request from President Gotabaya made on 27th of November 2019 to do
so.

N. I recall that the so-called President Gotabaya who is ready to make tough and unpopular decisions
for the betterment of the country had called His Eminence Most. Rev. Dr. Malcolm Cardinal
Ranjith and informed that certain recommendations of the PCoI report cannot be implemented
because it might make him unpopular and I note that most of the recommendations of the PCoI
report still remain disregarded.

O. Further, I wish to recall that I am being/was investigated via legal proceedings by the Criminal
Investigations Department (CID) for making a Facebook post asking the questions "Was the
Easter Sunday Terror attack a deal to bring Gotabaya to power? Is that why Maithripala is not
being arrested? How did Catholic Shiranthi not know?". I was arrested on the 17th of November
2020. Subsequently, activist Shehan Malaka Gamage is now being prosecuted under criminal law
(section 120 of the penal code) with the approval of the Attorney General for holding a similar
opinion. Furthermore, I note how legal proceedings against Very Rev. Fr. Cyril Gamini Fernando
was initiated for holding an opinion and making an accusation against a government official, that
did not favor the government. The above incidents occur in the background where the Supreme
Court of Sri Lanka has clearly held:

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 “Provision of Section 120 of the Penal code and its explanation contained therein
guarantee freedom of expression and speech, and the explanation to the section no doubt
fortify this position in great measure. Whatever comments and strongly used words
against the government which does not excite feelings and cause public disorder by acts
of violence cannot be a basis to prosecute a person under Section 120 of the Penal
Code” – SC/FR 768/2009

“To cause any annoyance or embarrassment to a Head of State or the Government will
not form the basis of a prosecution under Section 120 of the Penal Code. Essence of
Section 120 is whether the words in question incite the People to commit acts of violence
and disorder and not whether the words are defamatory or not.” - – SC/FR 768/2009

P. I recall how the CID took away my two mobile devices (when one device did not even have
Facebook) and denied requests for my legally entitled data copy when I was arrested without
giving exact reasons on the 17th of November 2020.

Q. I recall how the CID proceeded to put both my mobile devices into one packet and failed to seal
it in the due legal process, and produced me before the Magistrate without the devices. I note that
legal proceedings are initiated against me for several Facebook posts. Posts containing content
criticizing and protesting against government policy and or President while holding the social
opinion “GotaFail”, post containing content voicing against mandatory cremation of COVID19
victims, post containing content holding the World Health Organization opinion that COVID19
doesn’t spread in water.

R. I recall how I subsequently received an anonymous life threat on the 23rd of January 2021 saying
that if I do not stop speaking against the government and stop speaking for justice into Terror
attacks on Easter Sunday my private things will be leaked and the people around me will face
problems. Further according to the said threat, by the time I receive the mobile devices, the data
will be with them (an unknown party).

S. As per the implementation of the aforementioned anonymous threat or by strange coincidence, I

T. I recall how the CID after keeping my mobile devices since the 17th of November 2020, produced
them on 4th of March 2021 to the Chief Magistrates Court in "two packets" instead of the "one
packet" they were put in front of me. I note that even though the Facebook post in relation to
Easter Sunday was not mentioned in the Court case B-report, the CID when they were producing
my devices wished to investigate the said Facebook post through the request made to the
Government Analyst Department. However, the annexed document containing the posts remains
missing in the court case record. I further note that nearly 90% of the questioning done after being
arrested on 17th of November 2020 was in relation to the Facebook post which stated "Was the
Easter Sunday Terror attack a deal to bring Gotabaya to power? Is that why Maithripala is not
being arrested? How did Catholic Shiranthi not know?".

U. I recall how the CID's arbitrary actions in detaining my mobile devices without due legal process
has violated the provisions of the law thus even hampering my day to day life, and has also
hampered the investigations into separate death threats I had received by the 25th of August 2020
(as the evidence messages are in those devices) the investigations into which are being conducted

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 by the Colombo Crimes Division (CCD). As filed in the Police complaint dated 25th August 2020,
I believe the root cause of the death threats I received was due to my efforts in seeking justice to
the Easter Sunday Terror attacks.

My conclusions and request

V. Amidst arbitrary actions taken by the government and state entities in relation to seeking justice
for the Terror attacks on Easter Sunday, and amidst the arbitrary actions taken by the government
and state entities against those who are seeking justice for the terror attacks on Easter Sunday,
sudden actions taken with lack of transparency by the President and the government seem
insignificant, misleading, and suspicious. Therefore, I believe that the President and the
Government will need to do much more to ensure transparency, accountability, Justice and Human
Rights to the victims of the terror attacks on Easter Sunday and as well as to the people who seek
justice for the same.

W. Therefore, given the above circumstances, I wish to reiterate that a transparent and broad legal
investigation would be required to confirm that the PCoI report handed over to Parliament has not
been censored, modified and or reprinted. As a censored, modified and or reprinted version of the
report would not manifest in the proper truth and justice sought by all who are seeking truth and
justice to the Terror attacks on Easter Sunday. In my opinion, I feel that the above move to hand
over the volumes to Parliament was just done possibly to reduce or mislead the pressure coming
on the country at the United Nations Human Rights Council in the current moment in time.

Yours Faithfully,

…………………………………
Chirantha Amerasinghe
Civil and Human Rights Activist

Copy to :

• Hon. Hanaa Singer, United Nations Resident Coordinator in Sri Lanka, UN Compound, Colombo
4 – To be bought to the urgent attention of the Hon. Michelle Bachelet – The United Nations High
Commissioner for Human Rights

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Annexure – E1

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