PSC into Easter Sunday attacks holds first sitting

• Secretary of Defence and Chief of National Intelligence testify before PSC
  
   

By Ashwin Hemmathagama

The Select Committee to look into and report to Parliament on the terror attacks that took place in multiple locations in Sri Lanka on 21 April met yesterday for the first time.

Secretary of Defence General Shantha Shantha Kottegoda and Chief of National Intelligence Sisira Mendis were the first to appear before the committee, which comprised lawmakers Dr. Nalinda Jayathissa, Prof. Ashu Marasinghe, Field Marshal Sarath Fonseka, Minister Ravi Karunanayake and Minister Rauff Hakeem. The committee sittings, which commenced at 9:25 a.m. continued till 4 p.m. in Committee Room 1 in the Parliament Complex with Dr. Jayampathy Wickramaratne as Chair. Deputy Speaker and the Chair of Committees Ananda Kumarasiri, Dr. Rajitha Senaratne and Abraham Sumanthiran were not present.

The Sri Lankan Parliament, turning a new leaf in its efforts to keep citizens informed of committee proceedings, opened its doors to the media for the first time. This decision was reached last week by Speaker Karu Jayasuriya subjected to the consent of the Committee Chairman. However, based on the request received from the Select Committee and the Parliament officials, reporters were compelled to provide the exact submissions as per the provisions of the Parliament (Powers and Privileges) Act.

PSC into...

The committee will investigate whether law enforcement authorities had received intelligence reports relating to such attacks, prior thereto; whether the relevant authorities took adequate measures to prevent and/or mitigate such attacks; whether there were deficiencies in the State machinery that led to the inability to prevent or mitigate the effects of such attacks; any other factors which contributed to such terrorist attacks; whether allegations levelled against any Member of Parliament, governors or any other persons are true or not; what action should be taken to prevent such attacks in future; and any other matters connected or incidental thereto. 

During the course of the proceedings, which is expected to last three months, interim reports will be published from time to time and it will sit notwithstanding any adjournment of Parliament.

Commencing the proceedings, Dr. Jayampathy Wickramaratne said: “The social fabric, which is the glue that held society together, has been shattered. This committee aims to mend these shattered bonds. We are politicians, but in discharging the duties the functions in this committee, we have taken off our scarfs. According to the newspaper advertisements we carried, all are invited to provide evidence and information within the stipulated period. All will give evidence under oath. However, the committee will open its doors for evidence but not for internal discussions. This is an opportunity and a challenge for media as well as the Parliament.”

First witness – General Shantha Kottegoda

Chairman: Can you brief us about your role?

Secretary of Defence: Currently I serve as the Secretary of Defence and report directly to the President. I was a former Army Commander and retired on 5 December 2005. The President, Prime Minister, Commanders of the three forces, Inspector General of Police, Chief of Defence Staff, Director of Criminal Investigations Department (CID), Director of Terrorist Investigations Department (TID), Director Military Intelligence, and Director State Intelligence Service (SIS) are the permanent members of the National Security Council (NSC). In addition, the President who is also the Minister of Defence can invite any other person he thinks is important. It has been a short while after I took office, but we have had several meetings since then.

Karunanayake: Have you studied the NSC before?

Secretary of Defence: I haven’t studied the NSC before. There are methods followed to share intelligence information between the different intelligence agencies. But it is my opinion that it has to be restructured to be more effective. Based on the security situation in the country we meet a few times a week. But the NSC is unable to meet in an emergency. So the Commanders of the three forces along with the Police take necessary decisions. Sometimes, based on the necessity, I keep the President informed of important security details.

Jayatissa: How would the Chief of National Intelligence file a report?

Secretary of Defence: As per the information the Chief of National Intelligence receives, it can be reported through the Ministry of Defence. Sometimes the Director SIS directly contacts the President based on the secrecy of the matter. It is the SIS which is constantly in touch with foreign intelligence agencies. I need to check and confirm to this committee the distribution list of information.

Karunanayake: Are you confident about the security level in the country?

Secretary of Defence: I am confident that the immediate threat is 99% finished. But this is an issue that cannot be solved within a few months. There are short-term, medium-term, and long-term plans. Increasing, border security is a part of these extended plans. The new threat is different from the LTTE and we need to strengthen the information received from abroad and also the technology used. We have included Sri Lanka Customs in these talks on border security.

Last week we discussed the issues on deradicalisation. And also the radicalisation which happened inside detention camps. However, we rehabilitate them before being released to society. LTTE cadres were also rehabilitated before being released.

When I was the Army Commander there was coordination between the intelligence services. But I haven’t been to a security council meeting before. I am unable to comment on any system failures but the information was received as early as 2014. But the respective organisation was not banned. We could have avoided the attack if it was banned at that time.

Marasinghe: You took office on 29 April. So was it the President who chaired the NSC?

Secretary of Defence: The President chairs the NSC. On two or three occasions the Prime Minister chaired the meeting when the President was away. On certain occasions, the Prime Minister has attended the meeting based on our summons. I am unable to mention anything from the meetings held before my appointment.

Marasinghe: Borderline security was discussed many times and even taken up in the Cabinet. Biometrics were also discussed. Can you tell us about the plan?

Secretary of Defence: In terms of establishing biometrics and strengthening borderline security, I have had meetings with Sri Lanka Customs and the Immigration. At the moment we don’t know who would visit Sri Lanka on the next flight with a valid visa. On the other hand, we don’t know if the foreigner remains in the country or leaves. We are looking at establishing a system to know in advance when a visitor boards the flight. The Immigration Department is instructed to do this. This is not a difficult system. We can make use of islandwide Police stations.

Marasinghe: Do we have access to Interpol and other foreign databases?

Secretary of Defence: We have access to the databases of Interpol and other foreign databases, but I am unable to assure this 100%.

Chairman: Have we received advance notice on the attack?

Secretary of Defence: In terms of advance notification on the attack, I think there was a lapse in the system. As far as I know, the activities of the extremists could go beyond 2014. But I am not sure about the action taken. I believe the intelligence services have received information about these activities but not sure if there are any reports available. It is recommended to summon the past Secretaries of Defence in front of this Committee.

Marasinghe: Is our intelligence service crippled with a few members in custody?

Secretary of Defence: I don’t think the intelligence services are crippled just because a few members are not with them. Organisations don’t stop simply after a few retire or die. 

Marasinghe: Do you have a rough idea about the numbers in the intelligence services?

Secretary of Defence: I am unable to give the exact numbers but there are enough members in our intelligence service. The intelligence officers in Police stations provide us with the information and evidence required.

Field Marshal Fonseka: The Director TID is in custody for a period. He was investigating the extremists. Are you aware of it? In his absence have the investigations on Zahran come to a complete stop?

Secretary of Defence: Not sure about his involvement, but the intelligence services are not crippled just because of losing a person.

Karunanayake: It is better if you can provide information about the lapse as reported in media. I refer to the Sunday Times article on 26 May.

Marasinghe: Some intelligence officers are punished for certain crimes. Do you know the numbers and the reasons? Can you provide a report on this?

Secretary of Defence: I know there are a few and will provide a report.

Jayatissa: Being the Secretary of Defence, when you receive information, what is the system you adhere to in doing a follow-up?

Secretary of Defence: No methods are available to follow the verbal information. We don’t keep notes on the matters and the information discussed at the NSC. And I don’t have the habit of keeping notes. This is a good idea to start.

Jayatissa: Is it necessary to summon the NSC immediately? How fast can this be done? Who is responsible if not? When did the NSC meet after this attack? As far as we know the NSC met on 22 April. Did this delay have any impact?

Secretary of Defence: Yes it should. The Secretary of Defence is responsible for calling a meeting urgently and the Minister of Defence should also act on this. The NSC meeting is important to take security actions. 

Chairman: Can the meeting be conducted in the absence of the NSC Chairman?

Secretary of Defence: The Prime Minister called the meeting immediately after the Chilaw incidents.

Marasinghe: Can the Prime Minister call the NSC? 

Secretary of Defence: Yes, the Prime Minister can. Sometimes when the President leaves the country, he hands over the authority by appointing an acting minister. The officers should take in part of the NSC meeting the Prime Minister summoned. However, we should first inform the President. Based on his instructions we should attend. The NSC meeting was held in President’s residence as well as in the Presidential Secretariat.

Karunanayake: Does the NSC look into the foreign funds coming into the country and the utilising?

Secretary of Defence: I think the immediate threat is covered. But we need to look into the aspect of strengthening the intelligence service. Even the Central Bank is unable to find details about the unofficial funds coming to the country.

Field Marshal Fonseka: There are military and Police officers in our missions abroad. It is their duty to report back the details of these foreign activities.

Secretary of Defence: In addition, the SIS has their own contacts abroad.

Karunanayake: Were you influenced to release somebody in custody? Apparently, three were released in Negombo. Have you arrested Abdul Rasik?

Secretary of Defence: Nobody influenced as far as I know. There is not enough evidence to arrest him. I took the information from the IGP. We are unable to make a move in the absence of evidence.

Hakeem: Most of the incidents took place in the North Western Province and then spread. Do you see any lapses by the Police especially in the North Western Province?

Secretary of Defence: We need to know if the Police didn’t take action in a specific place. But generally, the Police took action and STF and the Army supported them. But when people disperse, they fall back to by-lanes as well. So I took the decision to implement curfew. But despite curfew, some people act violently.

Hakeem: We think action should be taken to stop hate speech.

Secretary of Defence: We blocked social media. The media is responsible to do correct reporting. Recently some Buffels to be sent on UN missions were reported wrongly. These vehicles were on a test run.

Karunanayake: Have you taken action against irresponsible reporting by the media?

Secretary of Defence: We have not taken action against media, but media should be responsible.

Field Marshal Fonseka: Those vehicles had the UN logos and they were sent to the wrong place at the wrong time. [Holding out a newspaper] In this article, a person coming out from prison has given a statement to establish a new force to eradicate extremism

Secretary of Defence: I personally think this is not a good statement to make. 

Jayatissa: Certain intelligence reports were circulated during the post-attack period. But we didn’t see special protection provided to churches and hotels. Only MSD security was

intensified. Did the Indian High Commission increase their security?

Secretary of Defence: I need to look into it. As far as I know, the Indian High Commission and the High Commissioner’s residence have enough security.

Chairman: Is there a difference between the Emergency then and now?

Secretary of Defence: Only Police can arrest in the absence of Emergency, but now Army can arrest with Emergency regulations in place. People can arrest another person as long as his life is at risk. If necessary, the Army can make arrests and later hand over to Police. Sometimes religious leaders want us to inform them if we use sniffer dogs. But there is no point if we keep them noticed in advance.

Karunanayake: How did the attacks on 21 April take place?

Secretary of Defence: There have been lapses in the system. This was the reason for this attack.

Field Marshal Fonseka: You said 99% is sorted. There was a report on possibilities of subsequent attacks on five places in Colombo recently.

Secretary of Defence: Some committed suicide and some died during the gun battle in Kattankudy. Others are arrested. But one person can make another incident especially by driving a vehicle. There can be a few yet to be arrested. I don’t think 1,000 went abroad for training. As far as I know, they don’t have weapons or enough explosives. We have blocked the explosive issuing. Zahran’s lands are also taken over by us. Now our task is to deradicalise them. If 1,000 were trained here, we need to have a long-term plan. We need to know what is taught in these schools. We have three languages in the country but not Arabic. 

Field Marshal Fonseka: We had plans and contingency plans in the military. The plan copies were with the Defence Ministry. For example, what to do during a strike in the port or when an explosion takes place. Were there any plans? We didn’t see those plans in action. We need to know about the contingency plans.

Secretary of Defence: As far I know there have to be such plans. I will find them and see if there are any. 

Hakeem: It is necessary to update the public on security. Do you have a plan to tell people it is safe? What is the action on hate speech and creating unrest? Why don’t you arrest them? Minorities are scared about these. You need to take action about these.

Secretary of Defence: I have spoken. The Commanders of the forces have spoken. We have kept the public informed through media.

Jayatissa: We know there are permanent intelligence officers and those who are not. Can certain people be paid without the knowledge of the Secretary of Defence?

Secretary of Defence: Without my knowledge, salaries cannot be paid. But there are ways of making such payments.

Field Marshal Fonseka: There are people on military payments. The Minister has to approve such payments. This is an account that is not accounted for. It is the only Government account which is not audited.

Jayatissa: Do you think Police and all security establishments should come under one ministry? Do you think it is a better and a practical move?

Secretary of Defence: I think the current system is good but we need to make it faster. It was a benefit to have Police under the same ministry. Now the Police are under me. It is practical to have all under one ministry but a lot of administration work is involved. Operational wise it is better.

We have taken action in vulnerable areas. Additional deployments were made based on the information received. There was an intended vehicle parade from Colombo to Kandy. We stopped it and prevented clashes that could have taken place in Mawanella area.

Marasinghe: Do you think the prevailing laws are adequate to control?

Secretary of Defence: We have given our proposal to the Sectoral Oversight Committee of Security.  

Second witness – Chief of National Intelligence Sisira Mendis

Chairman: Can you please identify yourself and what you do?

CNI: I joined Sri Lanka Police in 1972 as a Sub-Inspector. I retired as a Senior Deputy Inspector General. I was appointed in July 2015 to this new post. I report to the Secretary of Defence. I have no direct relationship with the Minister of Defence. When I was in charge of the CID, then Secretary of Defence Gotabaya Rajapaksa had a meeting every Tuesday. It is a coordination meeting. Director SIS, Director CID, officers from Police Special Branch, and officers from military intelligence took part in this. We discussed and shared information on national security. Based on my experience I know my role in this new post. During this meeting priority was given to the Director SIS who is collecting information. Then second place to Director Ministry Intelligence. Then the Air Force and Navy. Others were given an opportunity later. In my capacity of CNI I have no responsibility to collect intelligence information.

Chairman: When was it discussed about Zahran in this committee?

CNI: Engineer Karunasena Hettiarachchi spoke about Zahran for the first time on 6 October 2015. There is a minute on this paper [showing a document] about new laws required on religious extremism where his name came up. Responsibility was passed to Director Military Intelligence and the SIS. We focused on ISIS not Zahran. We also spoke about ISIS in the Security Council. SIS reports to the Defence Secretary but can also liaise with the IGP. I have no administration over SIS. If SIS wants money they get their money from the Defence Ministry. I first saw the designation of CNI during Gotabaya’s time. 

Karunanayake: Do you have any other people like Zahran in your files?

CNI: His name came up after the fight between the two Muslim groups in March 2017 in Kattankudy. TID was to arrest him.

Jayatissa: Some say that this information was given to security divisions. After the Easter attacks many groups have claimed giving information about extremists to security divisions. 

CNI: I have not received such information. The Secretary of Defence will inform me if such information was received. 

Karunanayake: Can we bring Maulavi Kaleel before this committee? He talks about informing in 2014.  Gnanasara Thero is also talking about this. 

CNI: On 9 April, a meeting was held. The source of information is not known to me. The Head of SIS knows the source. In a letter SIS Director Nilantha Jayawardane shared information about an alleged attack and he has forwarded it to me on 4 April. On 8 April morning I opened this letter with an attachment. I don’t know the source of this attachment, which had no signature. It was busy day on 8 April. The Indian Secretary of Defence was here in Sri Lanka. I wanted to tell this to Defence Secretary. I informed him and wanted to send a copy to the IGP, so I sent a copy to the IGP. At the 9 April meeting, the Secretary wanted to take this. However, the Director SIS didn’t take this at the 9 April Tuesday coordination meeting. By the end of the meeting, I told the SIS Director to take up this letter, which he had sent me. He claimed to have informed the IGP already.  But on behalf of the Secretary I have sent a letter to IGP with ‘eyes only’ top security mark. This is the first time I used the ‘eyes only’. Furthermore, I obtained the details of the officer who accepted my letter to the IGP in Police Headquarters The NSC last met on 19 February. Then it met after the attacks. In 2018, the NSC met on 5 January, 19 February, 5 March, 2 May, 18 July, 23 October, 13 November, and 3 December. No minutes are kept on Security Council meetings. Nilantha Jayawardane spoke about Zahran in the Security Council. Zahran was identified to have done extremist hate speech. Those who are connected with Zahran were also taken up. A Police officer can take action against hate speech. Anybody can be questioned. But arrest may be an issue unless in the Penal Code. The IGP was not present at the 23 October NSC meeting. The meeting is coordinated and organised by the Defence Secretary’s department. The finding of explosives in Wanathawilluwa was taken up in the NSC. During that time the CID was investigating. As far as I know it is the first time a considerable stock of explosives was found after the LTTE era. The shooting of the Secretary of Minister Kabir Hashim was taken up in the NSC. The DIG of the CID was summoned to the NSC. The investigations were underway at that time. 

Karunanayake: Have you conducted investigations on Zahran last year? Based on a media report he had a warrant out?

CNI: I am unable to confirm it. It is the responsibility of the TID, which took the warrant. But the teams should cooperate with each other when this sort of investigations are underway. 

Hakeem: Was there a lapse or reluctance to share information?

CNI: I am retired officer. But I don’t understand why they have failed to jointly act. The Police were misled during the Vavunathivu issue. The Police OIC in the area was against the cleaning of the LTTE tomb, so the attention was directed that way in terms of the killing of two Policemen.