HR groups in South America dog Gen. Jayasuriya While Prez Sirisena pleads ignorance of war crimes, lawsuits being filed
BY SHIVANTHI RANASINGHE-2017-09-04
Perhaps it's the very reason why he uses the excuse, even if it portrays him as a puppet without responsibilities or accountability.
Sirisena rather be ridiculed than answer the simple question as to why General Jayasuriya is facing war crime charges. After all, he claimed he protected the dignity of our war heroes. It was he, he proudly pronounced, that saved his arch enemy Mahinda Rajapaksa from the electric chair.
If that is indeed the case, then General Jayasuriya should be able to complete his diplomatic mission and return home with dignity.
When this is not the case, then it is obvious that the Sirisena-led government did not restore the dignity of our officer. The fact that this lawsuit is filed by South American lawyers is a stronger indicator that the world is not a friendlier place despite this government's claims that we have re-aligned our international relations.
The interest shown by the South American lawyers is very interesting. Jayasuriya is the ambassador to Brazil, Colombia, Peru, Chile, Argentina and Suriname. As such, he enjoys diplomatic immunity. Yet, it is these lawyers' intentions to pressurize the regional governments to open investigations, remove his immunity and expel him.
Their determination is interesting because South America had nothing to do with our war against terrorism. In fact, in 2009 the Latin countries were very much in support of Sri Lanka and voted against the U.S. backed resolution. Only Argentina abstained. Today, it is a totally different scenario.
The answer Sirisena is reluctant to give is that the charges against General Jayasuriya are simply a consequence of the 2015 Geneva resolution this government co-sponsored with "much appreciation". This resolution contains the recommendations made by Zeid Al-Hussein, the incumbent United Nations Human Rights High Commissioner.
On 28 September 2015, he recommended the application of the principle of Universal Legal Jurisdiction. Despite 30 years of brutality by the Liberation Tigers of Tamil Eelam, this only applies to Sri Lankan security forces allegedly responsible for international humanitarian and human rights law violations during the 2006-2009 war against terrorism. At the 2017 sessions, he reiterated his recommendation.
pursued by lawsuit
It is in this backdrop that General Jayasuriya is being pursued by a lawsuit. Field Marshal Sarath Fonseka has as usual added to the drama by his rhetoric that he will not be protecting war criminals. To the media he explains that General Jayasuriya was never commander material and he strongly recommended to the then President and Defence Secretary not to make him the next Sri Lanka Army Commander.
While categorically accusing General Jayasuriya of committing war crimes, he also stresses that the total control of the Vanni operations were in Field Marshal Fonseka's hands. All General Jayasuriya did as the Vanni Security Force Commander was see to the logistics, stated Field Marshal Fonseka.
General Jayasuriya was responsible for providing logistics as food, uniforms, medical supplies, removing the wounded and protecting the prisoners. As such, the division commanders were not under General Jayasuriya's authority.
In this respect, Field Marshal Fonseka's statement is true. Though he did not go beyond Vanni throughout the heavy fighting, Field Marshal Fonseka was at the Vanni Headquarters once a week. There, he met every division commander to check the progress of the war. Each commander would then brief their commander and after discussions, he would give directions to his team. Through his directions, he communicated his intention such as the area that needs to be out of terrorist infestation.
The division commander in turn would request the additional resources he needs. It was the responsibility of General Jayasuriya to supply accordingly.
On average, Field Marshal Fonseka would call all division commanders at least three times a day – morning, noon and evening for a status update. However, on days when battles were particularly intense, the calls increased as much as 15 or more. Thus, he was well aware of what was taking place in the Vanni theatre and he always maintained his position as the direct commander.
General Jayasuriya on the other hand had no direct command responsibility. His role was to provide service support and ensure that the fighting forces had the ammunition, vehicles, and lubricants for the vehicles as well as the list Field Marshal Fonseka mentioned.
Many regarded General Jayasuriya as being sidelined from a more exciting role. However, in truth his strength was in staff work and was meticulous in maintaining correspondence. As a young Lt. Colonel, he played an excellent role as the liaison officer to coordinate between the Sri Lankan Army, Navy, Air Force and the Defence Ministry.
He was also in the battlefront during the Vanni Jayasikuru operations. However, within a very short time he was caught in an explosion that gravely injured him. After that, he returned back to a desk job.
Hence, during the war, there was little to suggest that there was much friction between Field Marshal Fonseka and General Jayasuriya. Both were playing the part supported by their natural strengths. The friction appears after the conclusion of the war.
By 2009, the U.S. government changes and was no longer a republic regime. Though the same diplomatic community remained as in the U.S. Ambassador Robert Blake, they were no longer the supportive group. Instead, they played a pivotal role in convincing Field Marshal Fonseka to decamp the Rajapaksa administration.
Naturally, tensions were building between Fonseka and the Rajapaksa administration. There was a strong indication that Gen. Fonseka will corporate with the U.S. authorities in a manner detrimental to Sri Lanka. He was thus promoted as the Chief of Defence Staff (CDS).
To the civilian, CDS seems a prestigious position. In reality, it is to maintain the liaison between the three forces and the defence ministry. It is a position without power, resources, command, responsibility or accountability.
To one such as Fonseka who enjoyed all the perks and power that comes with the position of Army Commander, this was a terrible demotion. It angered him greatly.
When Gen. Fonseka had his absolute downfall, Jayasuriya was appointed the Army Commander. Thus, it was while Jayasuriya was the commander, Gen. Fonseka was arrested and court-martialled. In his own way, he holds Jayasuriya responsible. Perhaps it was salt on Gen. Fonseka's wounded pride as well when Jayasuriya was claimed to be the commander behind the Vanni victory by many within the military itself. The mistake Jayasuriya did was to accept the credit that was not his due. Ironically, it is that mistake that has boomeranged on him. With this government co-sponsoring the Geneva resolution, that in so many words aims to persecute the officers who contributed to the victory, Jayasuriya's name is on the list. He now accepts the real role he played. Yet, for four and a half years as the Army Commander and for two years as the Ambassador he allowed a role he did not play be established as his credentials.
It is interesting whether he can reverse it. Equally interesting is to note that those who are sanctimoniously making such serious allegations have not even got their facts correct. The bigger picture though is that for FM Fonseka a situation has come to settle an old score with the man who allowed him to be court-martialled.
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