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In retrospect, several significant aspects have emerged in the aftermath. President Mahinda Rajapaksa won the war but lost the peace. While five-star generals and their equivalents in the Navy and Air Force were showered with property, encomiums and decorations, the foot soldiers who bore the brunt of the fighting have remained the forgotten heroes. Many perished, and others were maimed, but successive governments did little for them—not even providing a formal recognition to help them secure benefits from business establishments in both the state and private sectors. That speaks for supermarkets for their day-to-day needs or school admissions to their progeny.

Military academies worldwide still discuss the role of the Liberation Tigers of Tamil Eelam (LTTE), which emerged as a militant entity in 1976. The LTTE holds the record for introducing suicide attacks, a tactic that has since been adopted by various extremist groups globally. They developed guerrilla tactics, including assassinations and bombings, drawing inspiration from the Irish Republican Army (IRA), which has been active since 1922. That speaks briefly for the brevity of officers and men who were engaged.

Throughout the war, there were periods of ceasefire interspersed with intense fighting. The visual campaign in the electronic media evolved from lacklustre beginnings to a more aggressive approach in the latter stages. Spectacular footage showed soldiers parachuting from helicopters that skilfully manoeuvred to avoid enemy fire, fast attack naval craft engaging assailants, and troops in tanks advancing into rebel territory.

The primary goal of this campaign was to bolster troop strength in the Army, Navy, and Air Force. Advancing troops needed reinforcements to hold their ground while they pushed forward and engaged in various forms of warfare. These captivating images of adventure and heroism drew in thousands, particularly from rural areas. Young men were not only inspired by the heroism but also yearned to be among the celebrated heroes. As a result, recruitment reached record highs.

President Anura Kumara Dissanayake on Tuesday discussing with military chiefs measures to crack down underworld crimes

However, the allure of military life began to fade in the months and years following the guerrilla defeat. With little or no motivation and reduced visibility, the financial incentives dwindled. Frustration set in. The take-home pay was no longer attractive, leading to a wave of desertions. To counter this, the government periodically granted amnesty, allowing deserters to be honourably discharged. While most found gainful employment in various fields, a few sought more lucrative opportunities by joining the criminal underworld. The disciplined training they received from the Sri Lankan state was now being used to train the underworld for greater financial gain. Legitimate soldiers were raising illegal “troops” by not only teaching them how to shoot but also the fine art of intelligence gathering for criminal activity. Automatic weapons, one of the main tools of warfare, were already within their reach to engage in shooting sprees.

This is in the backdrop of Western governments urging Sri Lanka to downsize the military and thus prune defence expenditure. During the previous administration, a goal was set to bring the military strength to 100,000. An erosion in numbers through desertions, it was then hoped, would lower strength.

Their role became a nationwide focus after the February 19 shooting inside a magistrate’s court in Hulftsdorp, the country’s citadel of justice. Samith Dilshan Piyumanga Kadanaarachchi, a former commando of the Army, is now in custody for the alleged murder of Sanjeewa Kumara Samararatne, alias Ganemulla Sanjeewa, described as a criminal with a record of violent activity. His alleged accomplice, Devage Ishara Sevvandi, is still on the run. Eleven police teams have been tasked with locating this elusive accomplice.

Just five days after the incident, Defence Secretary Sampath Thuyacontha ordered the arrest of military deserters. The veteran combat pilot with many achievements to his credit during the separatist war came out with the move, with the concurrence of President Anura Kumara Dissanayake. It encompasses plans to rehabilitate those involved with the underworld. It is no easy task. Though President Dissanayake declared that the Hulftsdorp shooting would not impact national security, the measures he initiated to consolidate security indicate his determination to ensure that the situation remains stable. There were important reasons for him to downplay the national security aspect and thus maintain the current stability in the country.

Two main reasons in this regard are significant. One is the visit to Sri Lanka of Indian Prime Minister Narendra Modi. According to diplomatic consultations now underway between Colombo and New Delhi, he will arrive in Colombo just days ahead of the national Avurudhu holidays. A two-day visit is being planned with an overnight stay in Colombo. He will be the first world leader to visit Sri Lanka after the NPP-JVP government was voted to power. The other is to ensure that the tourism sector, where visitor arrivals are rapidly growing, faces no threat to national security that could destabilise the situation.

Towards this end, President Dissanayake held a meeting with 15 senior-most officers of the Army last Tuesday at the Presidential Secretariat. It was followed by similar meetings with those in the Sri Lanka Air Force and later those from the Sri Lanka Navy. At these meetings, a source familiar with the events said the President spoke of the government’s decision to arrest deserters. He plans to implement a rehabilitation programme. He sought their help to identify the deserters aiding the underworld from those who have found legitimate work. The homes and hideouts of the deserters aiding the underworld syndicates are to be checked for weapons.

The exercise will be an enormous task for the security forces and the police. Firstly, it is noteworthy that the largest number of recruits for the Army alone has come, in that order, from three districts—Gampaha, Kurunegala, and Anuradhapura. Thus, a substantial number of them in these three districts, including deserters, have strongly backed the NFF-JVP government at the elections.

The accumulated number of deserters over a period from the Army now stands at just over 50,000. Of this number, senior, well-informed officers in the Army believe there would be much less than a thousand who have links with the underworld in different parts of the country. The numbers in the Navy and Air Force are much less. Others have become self-employed as three-wheeler drivers, owners of small kiosks, or have found employment in the private sector. According to acting Police Chief, Priyantha Weerasooria, 58 major criminal groups have been identified. Associated with their activity there were some 1400 persons. Thus, the compulsion to arrest deserters aiding the underworld syndicates could have an unpleasant fallout for the government politically. Apart from the logistics of arresting a large number, providing for their food and accommodation could be enormous. Inevitably, there are fears that supporters of the NPP-JVP could be rounded up.

Another altogether different aspect is deserters who successfully inducted themselves into the war between Russia and Ukraine. Foreign Minister Vijitha Herath once told Parliament that 554 Sri Lankan soldiers had joined the Russian military. Of this number, 59 had been killed. However, other diplomatic sources said that the number was over a thousand soldiers on the Russian side. For the Ukrainian military, however, the numbers have been small. The main reason for their involvement is to enhance their income.

In addition, another problem of some unease is the outflow from the country of officer cadres and other ranks for gainful employment. So much so, they have now been ordered to surrender their passports—a move that most claim goes against an individual’s civic rights. They also point out that it could cause issues of morale and a feeling of lack of confidence among those affected. Applying for new issues on the grounds that their passports were lost will not be possible. The National Identity Card numbers of those who surrender their passports have been shared with the Department of Immigration and Emigration. Instead of all this hassle, it would have been much better for the Emigration Desks at the exit points from the country to exercise their power to stop them. That is if they do not possess a document that is formal clearance.

On the other hand, efforts to round up deserters have become inevitable to stop the underworld syndicates from becoming stronger with more automatic weapons at their disposal. This would also lead to lowering the proliferation of narcotic drugs. As reported in these columns last week, between 2018 and 2019, at least 72 T-56 rifles were lost from the Army’s armoury in Minneriya. These were said to be weapons seized from Tiger guerrillas with the manufacturing numbers erased. An Army source said that, besides this, “over a period, around a thousand weapons have gone missing. The question is how many of them reached underworld syndicates.”

The government offered amnesty in 2022, resulting in nearly 18,000 deserters surrendering. Similarly, an amnesty for deserters was offered between April and May 2024, during which a little over 19,000 soldiers availed themselves of the opportunity and received discharges, according to an official source. Despite the amnesty, the accumulated total of over 50,000 deserters remains.

How does the growing weaponization of the underworld pose threats to national security? To understand this aspect, one must examine the operational pattern of the underworld syndicates. It is known that most of the kingpins operate these syndicates from Dubai. Since they abide by the law there, they do not face accusations over law-and-order issues. The popular belief that these cartel leaders have positioned themselves only to avoid Sri Lankan law enforcement is not altogether correct.

To the contrary, they have more operational ease. The bulk of heroin, the most used drug, comes from suppliers in Afghanistan. Ordering and making payments through private networks in Dubai is easy. So are the steps to transport the drugs by sea to Sri Lankan shores. Thus, they operate a fleet of vessels. Only a lesser volume of artificial drugs comes from the Golden Triangle—Thailand, Laos, and Burma.

Several months ago, the State Intelligence Service (SIS), the country’s national intelligence network, made a disturbing find. This came after the Police Special Task Force (STF) discovered a large stock of heroin. Their inquiries revealed that the shipment had also come with an unknown number of weapons though a few were found. They learned that an order for 200 kilos of heroin was usually accompanied by a set of assault weapons. However, they found that Sri Lankan syndicates mostly sought heroin and not the weapons. A source said that they were “comfortable and did not want to risk glaring detections in the high seas.”

In past years, priority number one had remained the threat from armed guerrilla groups fighting in the north and east for a separate state. Their strike capability extended outside these areas too. With their military defeat, the threat level receded. Next came religious extremism. The gory attacks on Easter Sunday in 2019, which occurred despite warnings, led to countermeasures. Since then, during the tenure of past and present governments, the National Security Council (NSC), the apex body of the defence establishment, has focused as its main national security priority on the growth of underworld criminal activities, including cybercrimes. Participants have regularly received intelligence briefs on the threats to national security posed by them.

Three countries where the drug menace grew up to serious national security threats are:

Mexico: The ongoing drug cartel violence poses a significant threat to national security. Cartels have infiltrated various levels of government and law enforcement, leading to widespread corruption and violence.

Italy: The Mafia continues to be a major threat to national security. Organised crime groups like the ‘Ndrangheta and Cosa Nostra are involved in drug trafficking, money laundering, and political corruption.

Colombia: Despite efforts to combat drug trafficking, criminal organizations continue to pose a threat to national security. The involvement of these groups in illegal activities has led to violence and instability in the region.

President Dissanayake spoke, winding up the committee stage vote in Parliament on the Ministry of Defence on Friday. He charged that the opposition had been trying to make out that the shooting incident at the magistrate’s court in Hulftsdorp was a big threat to people. They had called it a frightening situation and falsely believed that the government would fall. He conceded that the underworld had created an issue but asserted that there was no serious threat to national security. He declared that the biggest threat to national security was racism and religious extremism. That was reflected even during the Easter Sunday attacks of 2019. He said the government would introduce new laws to cope with this threat. A committee was already studying the matter.

He claimed that recent criminal activity could be to stymie ongoing investigations into large-scale bribery and corruption. Retired senior DIG Ravi Seneviratne, now Secretary to the Ministry of Public Security, first made the same claim at a news conference on February 22. If indeed the assertion is correct, underworld syndicates engaged in the business of drugs have crossed the threshold into the political realm. In other words, they are taking on the state. By any nomenclature, is that not a serious national security threat? Of course, President Dissanayake has vowed to fight the underworld and pledged to ensure stability.

Govt. will address root causes of military desertions: Defence Secretary  One of Sri Lanka’s most accomplished combat pilots during the separatist war, Defence Secretary Air Vice Marshal Sampath Thuyacontha, spoke to the Sunday Times on his order to arrest deserters and on their use of automatic weapons. Here are highlights: THE ARREST OF DESERTERS: I have directed the Commanders of the tri-forces that immediate steps be initiated to arrest those deserters with the assistance of the Police and other stakeholders. In that context, the military police of the tri-forces will also be empowered to detail the planning and execution of the operation to arrest deserters. In the military, unauthorized absence can be categorised into three groups: Defence Secretary Air Vice Marshal Sampath Thuyacontha Absent without leave (AWOL)—Away Without Leave—AWOL when they remain absent from their place of duty or unit without the knowledge of their superior officers. AWOL is considered less severe than military desertion. Desertion—desertion with intent to shirk important service, attempted desertion, desertion status with intent to remain away, and desertion before notice of acceptance of resignation. Missing—A person is charged with missing movement when he is guilty of missing the movement of a unit, aircraft, or ship where he is required to be. This offence covers missing movement out of neglect. There are various types of penalties when one leaves his duties. However, the circumstance of the crime depends on that person’s absence matter. Dereliction of duty is a serious offence, and military desertion is considered the most severe type of unauthorised absence. The main difference between going AWOL and desertion is the duration of leaving of the military personnel in question. A person is considered to have committed desertion if he has been missing in action for over 21 consecutive days. In 2024, approximately 179 officers and 8047 other ranks reported desertion. This high number of deserters has a severe impact on respective organisations and society. In the current context of increased illegal activities of organised crimes/gangs, it indicates the involvement of military deserters; the number is considerably high. Further, the increase of organised crimes and the involvement of military deserters have caused trouble for the maintenance of law and order. THE PRESIDENT, WHO IS COMMANDER IN CHIEF, WANTS A REHABILITATION PROGRAMME: The Ministry of Defence and the tri-forces will take serious consideration of a well-calculated rehabilitation programme. However, addressing the issue of desertion within the military involves implementing strategic measures that not only prevent the act but also support service members in various aspects of their lives. Following the outline of the psychological and legal ramifications of desertion, pre-emptive action is both necessary and beneficial. Therefore, the following key methods will be aimed at minimising instances of desertion. Enhancing Mental Health Support Improving Communication Channels Providing Family Support Services Offering Flexible Leave Policies Conducting Pre-Enlistment Screenings Individuals who have deserted and are struggling with drug addiction will be directed to rehabilitation centres, where they will receive the necessary treatment and support. Measures will be implemented to help develop their skills as part of a comprehensive capacity-building initiative. For those in need, vocational training programmes will also be offered to improve their livelihood opportunities. Implementing these methods requires commitment from all levels of military leadership but, if done effectively, can lead to a decrease in desertion cases. By focusing on the well-being of service members and offering support and flexibility, the military can create a more stable and committed force. While the consequences are severe, the root causes often stem from issues that can be addressed proactively. By implementing comprehensive support systems, enhancing communication, and ensuring a thorough vetting process, the military can significantly reduce instances of desertion. These measures not only help in retaining a committed force but also in safeguarding the mental well-being of our tri-service members and their loved ones. Embracing these strategies marks a step toward a more resilient and supportive military environment where desertion becomes a rarity rather than a recurring challenge. THE PROLIFERATION OF ILLEGAL WEAPONS: The Ministry of Defence remains committed to addressing the issue of illegal firearms in strict accordance with the existing laws and regulations. We will continue to enforce legal provisions to identify, seize, and eliminate unauthorised weapons, ensuring national security and public safety. Our approach includes coordinated efforts with law enforcement agencies to conduct intelligence-driven operations, amnesty programmes where applicable, and stringent legal action against those found in possession of illegal firearms. Additionally, we will enhance monitoring mechanisms and strengthen regulatory frameworks to prevent the proliferation of illegal weapons. Ensuring a secure and stable environment for all citizens remains our highest priority, and we will take all necessary measures within the legal framework to combat the threat posed by illegal firearms.

Proceeds of Crime Act gazetted; wide powers to investigatorsThe government will introduce a tough new law to recover illegal gains made by individuals through criminal acts. The 241-page draft titled “THE PROCEEDS OF CRIME ACT” was gazetted on February 27. It seeks to provide a “comprehensive framework for the recovery, investigation, restraint, forfeiture, and disposal of proceeds from criminal activities.” The move is intended to supplement measures now under way, despite months of delay, to bring to book those engaged in large-scale crime. The draft new law begins by acknowledging the profound consequences of unlawful activities, which often result in pecuniary and other losses, depriving victims, the public, and the state of their rightful property and enjoyment. It emphasises that those who engage in criminal acts possess no legal right to benefit from their ill-gotten gains, nor do those who receive or derive property rights from such activities. Recognising the responsibility of the state to take necessary measures, the Act aims to deprive perpetrators of their illicit benefits and ensure that these proceeds are returned to those who are legitimately entitled to them. Existing legislation, such as the Penal Code, Code of Criminal Procedure Act, Offences Against Public Property Act, and others, is deemed insufficient, necessitating the introduction of this new legislation to provide an effective framework for identifying, tracing, detecting, investigating, restraining, seizing, preserving, protecting, managing, freezing, forfeiting, and returning proceeds of crime. To achieve these objectives, the draft Act assigns duties and responsibilities to specific law enforcement officers, suitably empowering them to perform their roles. Additionally, the Act establishes statutory bodies, including the Proceeds of Crime Management Authority, to oversee the management of restrained proceeds of crime. The draft Act also recognises the importance of international collaboration, enabling Sri Lankan law enforcement authorities to cooperate with their counterparts in other countries to address proceeds of crime located both within and outside Sri Lanka. This cooperation aims to facilitate the return of illicit gains to their rightful owners. Furthermore, the Act provides for restitution and repatriation to victims of crime and the community at large. To support this goal, the Victims of Crime Reparation Trust Fund is established, ensuring that those affected by unlawful activities receive the compensation they deserve. The draft Act aligns with Sri Lanka’s obligations under various international conventions, including the United Nations Convention Against Corruption, the United Nations Convention Against Transnational Organised Crime, and the United Nations Convention Against the Illicit Traffic in Narcotic Drugs, reflecting best practices in the global fight against crime. This draft law focuses on ensuring the reporting of proceeds of crime and detailing the responsibilities of individuals and professionals in relation to such information. Here’s a summary of the key points: •    Reporting Proceeds of Crime: Individuals who have knowledge or information about proceeds of crime must report it to the Police Designated Officer or the Designated Officer of the Commission to Investigate Allegations of Bribery or Corruption. Failure to do so constitutes an offence. •    Exceptions for Attorneys: Attorneys-at-Law are not required to disclose information received in the course of their professional duties if maintaining confidentiality is required by professional ethics. •    Professional Services: Persons who receive information about proceeds of crime during their employment or professional services should report it to the compliance officer or relevant supervisory authority. If there is no compliance officer, it should be reported to the principal executive officer of their employer. •    Dissuading Reporting: It is an offence to dissuade, obstruct, or advise someone against disclosing information about proceeds of crime to the designated authorities. •    Obstructing Officials: It is an offence to intentionally interfere with or obstruct any person who is empowered to perform functions under the Act. •    Proceeds of Crime Investigation Division (PCID): This division within the Sri Lanka Police will consist of a Director-General, a Deputy Director-General, and other officers to carry out the objectives of the Act. •    Designated Officers: The Director-General of the PCID will be the Police Designated Officer, and the Deputy Director-General will be the Police Deputy Designated Officer. •    Police Investigation Officers: Officers in the PCID will perform their duties under the direction of the Director-General. They may be assigned to other divisions or units as needed. •    Appointments and Empowerment: The National Police Commission can appoint police officers to assist the PCID. These officers will be empowered to conduct investigations into unlawful activities related to proceeds of crime. •    Experts and Resources: The National Police Commission can appoint experts to provide necessary expertise to the PCID. The remuneration for these experts will be determined on an individual basis. If an investigation is complex and requires more funds, the Director-General can request additional financial resources. •    Police Designated Officer and Deputy: The Police Designated Officer will hold a rank not below Deputy Inspector General of Police. The Police Deputy Designated Officer will hold a rank not below Senior Superintendent of Police. The Deputy can perform the duties of the Designated Officer in their absence. This part of the draft law sets up a specialised division within the police force to handle investigations related to the proceeds of crime, ensuring that they have the necessary authority, expertise, and resources to effectively carry out their duties. •    Duties, Functions, and Powers of a Designated Officer: The Designated Officer supervises investigations into suspected proceeds of crime and offences under this Act. They provide directions to Investigation Officers, receive information, authorise seizing orders, and file actions for judicial freezing orders. They also provide training, seek advice from the Attorney-General, and obtain professional services for investigations. •    Collaboration with the Attorney-General: The Designated Officer can seek assistance from the Attorney-General for court proceedings, mutual assistance requests, and representation before foreign authorities. •    Professional Services: The Designated Officer can obtain local or foreign expertise in areas such as financial analysis, forensic accounting, and tracing of suspected proceeds of crime. •    International Cooperation: The Designated Officer processes requests from foreign authorities and disseminates requests to foreign authorities regarding proceeds of unlawful activities. •    Database Maintenance: The Designated Officer maintains a database of information and statistics related to actions taken under the Act, including investigations, searches, preservation orders, seizures, and prosecutions. •    Police Designated Officer and Anti-Corruption Commission: The duties of the Designated Officer do not derogate from the duties of a Police Officer under the Police Ordinance and the Code of Criminal Procedure Act, nor the Director-General of the Anti-Corruption Commission under the Anti-Corruption Act. •    Investigation Officers: A Police Investigating Officer must hold a rank not less than Inspector of Police and performs duties under the general supervision of the Police Designated Officer. Officers from the Commission to Investigate Allegations of Bribery or Corruption can also be appointed as Investigation Officers with the approval of the Designated Officer. •    Powers of Investigation Officers: They have the duty and power to investigate suspected proceeds of crime, related unlawful activities, and offences under this Act. The draft Act outlines the comprehensive responsibilities and authority of the Designated Officer and Investigation Officers, ensuring effective enforcement and investigation under the Act. PROCEEDS OF CRIME MANAGEMENT AUTHORITY: There will be an authority titled the Proceeds of Crime Management Authority.  It is vested with legal authority for the purposes of the protection, preservation and management of proceeds of crime or any other thing relating to pending future criminal proceedings.