CASE N° SRI/12 - JAYALATH JAYAWARDENA - SRI LANKA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of Dr. Jayalath Jayawardena, a member of the Sri Lankan Parliament, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)­R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Taking account of the information provided by the authorities on 12 September and by various sources on 28 September and 17 October 2000,

Recalling that, in early 1997, penal proceedings were brought against Dr. Jayalath Jayawardena under the Public Property Act of criminal misappropriation for having, from 1990 to 1993, drawn a salary from the State without performing his duty; two indictments relating to different periods were filed against him and two cases - N° 8076/96 and N° 8075/96 - were pending before Colombo High Court; the sources feared that the charges were fabricated and brought against Dr. Jayawardena solely on account of his political stance and activities,

Considering that Dr. Jayawardena has been acquitted in the first case but that the second case is still pending against him and has been fixed for trial on 21 November 2000; Dr. Jayawardena's defence counsel requested the Attorney General to withdraw the second case since the charges are identical,

1. Notes with satisfaction that Dr. Jayawardena was acquitted in one of the two cases brought against him; notes that the second case, which relates to the same charges, will be heard soon;
2. Requests the Committee on the Human Rights of Parliamentarians to continue following the proceedings and to report to it at its next session (April 2001);
3. Requests the Secretary General to convey this decision to the Speaker of Parliament and to the Attorney General, as well as to Dr. Jayawardena.

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