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” However, the absence of the clause giving the Attorney General the veto on grant of bail, is welcome, Emmerson added. Retrograde Influences The Rapporteur expressed dismay over the delay in enacting the new counter terror legislation and blamed it on “inertia” which he attributed to the influence of “certain vested interests in the security sector who are resistant to change, and above all, to accountability.” “The government has thus far done almost nothing to hold to account those members of the armed forces and security services who committed gross human rights violations during and since the conflict. At the same time, it has, until now, continued to operate the cruel and unjust PTA system that has overwhelmingly impacted on the Tamil community. So far only 71 police officers have been proceeded against for torture,” he said.
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Emmerson then went on to warn that: “these are precisely the conditions likely to produce festering grievances, to foster unrest, and even to ignite conflict.” Referring to the prolonged detention of persons under the PTA, he urged the government to either release them on bail or speed up the judicial process. Out of 81 detainees in the judicial phase of their pre-trial detention, 70 have been in detention for over five years and eleven for over 10 years, he pointed out. The UN Rapporteur felt that Prime Minister Ranil Wickremsinghe is “genuinely” interested in making progress towards setting up the promised accountability mechanisms, but there are “retrograde forces”, both outside and inside the government, which are preventing any forward movement.
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