Police under control of Forces : IGP out, major General as Police Commissioner

(Lanka-e-News -27.Oct.2012, 10.30PM) The beleaguered Rajapakse regime is taking special measures to dismantle the Democratic Institutions , and transform the rule into an army Govt., according to reports reaching Lanka e news.

This special and sly measure is to remove the present IGP post , and instead appoint a Major General of the Forces as a Police commissioner . By deceitfully using the present Police commission this appointment is to be made. Gotabaya Rajapkse had already informed the present IGP of the prospective changes stating that a police officer should be fully physically trained, duty conscious , efficient and likeable . Even the present police official uniform is to be changed .After Gotabaya’s return from India , as a first step he had instructed the IGP to arrange to bring the Police physical training division under a Major General of the Forces. 

The present IGP is to be dispatched in the early part of next year as a High Commissioner after sending him on retirement , and a Major General is to replace him as Police Commissioner. 

In most Democratic countries in the world, the police Force is not under the purview of the defense Ministry, and they only come under the Municipal Councils as a civil security force. In SL however , this has been completely perverted , and has been brought under the full control of the defense Ministry with a clandestine aim to creating an army administration .
Even now as part of this measure , the OIC s of police stations and police chiefs in charge of divisions are being replaced by STF officers. 60 % of divisional police chiefs are of the STF. 

Though Gotabaya has lost his sense and direction and is muddling up the police force with ulterior motives , it is clear to anybody with a common sense that since the STF is a force that is created to fight in war , most STF officers appointed have no knowledge of or training in civilian control , crime investigations etc. as they are not experienced in those spheres. They haven’t the full competence in these directions. A high rung police officer said, this can cause multiple problems with the crime wave shooting up.

Columns

*Unlucky number 13             *Good governance vital for export growth

Morally bankrupt Govt. stoops to conduct unbecoming

Govt. faces crisis after crisis, but rides on

By Our Political Editor

= Spotlight shifts to Geneva again, while cold war with judiciary aggravates
= Gotabaya goes to New Delhi as govt. partners move to repeal 13th Amendment

Minister Wimal Weerawansa calling for the abolition of the 13th Amendment at a public meeting last week.Pic by Athula Devappriya

World attention will be on Sri Lanka again on Thursday November 1. The United Nations Human Rights Council (UNHRC) in Geneva will review the country’s record during a three and half hour session beginning 2.30 p.m.

Like for all other 193 member countries of the UN, the event is routine. Every four or five years, the human rights record of members is reviewed under the Universal Periodic Review (UPR), a mechanism which the UN believes improves the situation on the ground. However, for Sri Lanka the event is significant for many other reasons.

Three months after this event, in March next year, the UNHRC is set to review matters related to the US-backed resolution on Sri Lanka. This was adopted in March this year at the 19th sessions. Issues there extended from alleged human rights violations to probing “extrajudicial killings”. How the government responded to them is due to come up for scrutiny in March next year. In the light of this, several western nations are watching the UPR sessions closely. Their interest has been heightened by what they believe are newer developments in Sri Lanka including ‘alleged state interference in the judiciary,’ ‘no forward movement’ in the government’s reconciliation efforts and media freedom issues among other matters.

It comes as the cold war between the Executive and the Judiciary showed clear signs of heating up. This was after Pradeepa Gamini Suraj Kariyawasam of 170 Lake Drive, Colombo 8, was indicted before the Colombo Magistrate’s Court for causing a loss of more than Rs. 391 million to the government and for alleged corruption. The former chairman of the National Savings Bank (NSB) is the husband of Chief Justice Shirani Bandaranayake. He had earlier served as chairman of the Insurance Corporation of Sri Lanka.

The UPR itself has also sent ripples in government circles. These are over questions on the possible role of India, which is heading a troika that will prepare the report of the Working Group once the discussion on Thursday is over. It may be recalled that India voted for the US-backed resolution in March this year.

As revealed in the political commentary last week, relations between Colombo and New Delhi have hit a new low, largely due to that vote. The measures government leaders contemplated in the past weeks including the repeal of the 13th Amendment to the Constitution caused serious concerns in India. Under such circumstances, New Delhi’s role at UNHRC’s 22nd sessions in March next year is cause for study by the government. Though belatedly, some measures to rectify the situation have got under way as tensions continue to remain.

The current sessions of the UNHRC began on October 22 and will continue till November 5. Until last Thursday, the human rights records of eight countries have been reviewed. They were the Czech Republic, Argentina, Gabon, Ghana, Ukraine, Guatemala, Benin and the Republic of Korea.

Tomorrow (Monday) the case of Switzerland will come up followed by Pakistan and Zambia. Japan will follow on Wednesday. Besides Sri Lanka, the case of Peru will also be taken up on Thursday. Of significant interest during the current sessions is the fact that the largest number of speakers, 99 of them, want to address the Council on Sri Lanka’s case.

As a result, each speaker has been allotted only a minute and 22 seconds. This is the lowest among the time limits allotted. In the case of Peru where 55 speakers have registered so far with the Palais des Nationes, two minutes are allowed per speaker. Among the four countries on which NGOs, including those based in Colombo, are conducting meetings in Geneva on the sidelines of the UPR process, is Sri Lanka. Others are Guatemala, Japan and Pakistan.

A total of 42 UN member countries are reviewed each year during three Working Group sessions dedicated to 14 countries each. Already presented to the UNHRC is Sri Lanka’s national report which recalls the assurances given by the government during sessions in 2008, the action taken so far and the newer developments. India which heads a troika together with Spain and Benin will prepare the report of the Working Group.

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On the Politics Of The 13th Amendment

By Surendra Ajit Rupasinghe -October 28, 2012

Ajit Rupasinghe

The Secretary to the Ministry of Defence, a non-elected bureaucrat appointed by his brother, has declared that the 13th Amendment should be annulled since it constitutes a breeding ground for separatism. The not so-Hon. Wimal Weerawansa of the ex-JVP neo-fascist brigade declares his vow to join forces to abolish it. The JHU champions this cause publicly. Mahinda remains silent, and so does mummified Vasu. So, battle lines are being drawn on the 13th Amendment, as opposed to, say, the issue of war crimes, impunity and human rights violations and the cost of living. Clever. The attempt to thwart the Divi Neguma heist by the TNA and the stand of the Supreme Court refusing to rubber stamp it, has pushed the Regime into a corner. The beast is most ferociously violent – and irrational- when it is cornered. This open challenge has been issued even when the screws are being tightened in Geneva given that the Regime cannot account for its pledges and promises to honor the Tamil nation by going beyond the 13th Amendment, and its agreement to face the issue of accountability for war crimes. The Regime would be in for more humiliating arm twisting by the US and its allies. Given the China card, India would play dummy, while engaging in intrigue and duplicity with the Regime. The Regime may consider that the next best thing to do, the only option available, would be to threaten – or seem to threaten- to change the whole framework of global strategic contention- change the terms of the game. The call by Gotabhaya to annul the 13th Amendment, followed to the tune by Wimal and Champika, is a signal to the international powers that be, that if the screws are tightened any further in Geneva, the pack of cards may collapse. The Tamil Question will be history, and a whole new geo-political strategic matrix will be set up in Asia to command the vital sea-lanes of the Indian Ocean, with the Rajapakse troika firmly in command of a neo-fascist dictatorship.

President Rajapakse may very well say, “ If you continue to tighten the rope on accountability and a political solution , we will say to hell with you- you pack of hounding hypocrites. We are not about to commit political suicide- both me personally and politically, but for my family, for my dynasty, just to satisfy you. The only option left for us is to rely on tried and tested rules and principles of democratic governance, as we in Lanka know it, – re-conjure up a blood curdling demon about to devour the people in the form of a resurgent LTTE, create a situation of crisis and anarchy, create a sense of generalized instability and insecurity among the masses, apply selective methods of mass terror and assassination, liquidate all potential threats and centralize absolute power in the hands of the Executive Presidency. For this, we have to traverse the beaten path of inflaming communal violence and provoke the masses to feast on each other’s blood, while we feed on the roast. Come on, we all know how communal pogroms and genocide play their role in desperate times. We have to pump the ideology and politics of Sinhala Buddhist supremacy and hegemony into the blood lines of the Sinhala masses even more ferociously, so we can better manipulate and exploit them to face the dire hardships and sacrifices they would have to make on my behalf, and still support me. So, this is our master strategy to confront the threat posed by Western Imperialist powers. We can be rest assured that neither China, Russia, Iran nor Pakistan would be concerned about any human rights violations – genocidal or just simple, run-of-the-mill, routine atrocities. We share a consensus on these principles of democratic governance. Even the US, Japan, European and other imperialist powers who dare to challenge my claim to perpetual, dynastic kingship, share these values of genocidal governance. They are the true masters of the game. So, let us give them a good lesson and play their game on our own terms’.

The call by Mr. Gotabhaya to annul the 13th Amendment , echoed by his blood hounds, is not a slip of the tongue, some idle, conjectural suggestion. Gotabhaya does not make such statements on national policy, without official sanction. He knows that seeking a political solution on the basis of the 13th Amendment would spell the death-knell of the supremacist project to extend and expand the hegemony of the Sinhala-Buddhist State throughout the length and breadth of Lanka. Mahinda knows that any concession to Tamil self-determination, any form of regional or provincial autonomy-however truncated, any form of devolution of political power to the Tamil nation-even cosmetic- would bring on a tidal wave of opposition from within its own chauvinist ranks, including from sections of the armed forces, and from outside the UPFA. Don’t be misled.Sarath Fonseka can play the role of the ‘defender of the Motherland’ in genocidal fashion, equal to, and perhaps even better than the Rajapakse triumvirate. Spent forces can get energized when the mass electricity is right-and Mahinda is well aware. The provocations around the 13th Amendment are a vital part of the survival strategy of the Regime, in the concrete context of the rising challenge to its hegemony internally, and reinforced by the carefully graduated tightening of the noose by the US and its allies on the issue of war crimes.

The 13th Amendment remains a cosmetic and truncated device designed by Rajiv Gandhi and J.R. Jayawardene, packaged as the Indo-Lanka Accord. Its purpose was to disarm and co-opt the LTTE and maintain the stability of the neo-colonial set up and status quo in the region. Yet, it remains a landmark political victory for the Tamil National Movement in that it constitutionally recognized: 1. the political status of the Tamil nation, 2. the parity of status of Sinhala and Tamil as official languages and 3. The North-East region as the traditional homeland of the Tamil nation. While these provisions and principles continue to be defiled and undermined in practice, the Mahinda Rajapakse Regime now finds that any renewed recognition and application of these provisions and principles would fatally undermine its chauvinist-militarist political and ideological hegemony upon which its survival and regeneration solely lies. It has few options open, and the call to annul the 13th Amendment is to announce that the future of the Tamil nation will, once again, be held up to be sacrificed at the alter of the blood-drenched Comprador Capitalist State. Of course, any move to abolish the 13th Amendment will stoke the flames of separatism as nothing else. Perhaps it is that the Regime requires a permanent state of undeclared war to maintain its power. The politics of supremacy gives rise to the politics of separatism. You do not need to be a rocket scientist to grasp that simple dialectical logic.

It is duty of all democratic and progressive forces to rise to the defense of the right of self-determination of the oppressed Tamil nation, where the fight to defend the political status and fundamental democratic rights of the Tamil nation embodied in the 13th Amendment has evolved to be a most decisive contention.

*The writer is Secretary: Ceylon Communist Party (Maoist)

Sri Lanka: Shame on you, Mr. President

Sri Lanka: Shame on you, Mr. President

A Statement by the Asian Human Rights Commission

The ugliest attack in Sri Lanka’s history on the Supreme Court and 

the Chief Justice

( October 27, 2012, Colombo/ Hong Kong, Sri Lanka Guardian)

The Mahinda Rajapaksa regime has resorted to the ugliest attack in Sri Lankan judicial history on the Supreme Court and the Chief Justice this week by using the state media as a slander machine and through employing the state media to introduce deliberately manufactured slanderous letters to the parliament solely with the purpose of abusing parliamentary privilege for biased purposes. The government has within its ranks, schemers of the lowest quality who have little scruple in manufacturing any lie to suit their purpose and thereafter using others to introduce and propagate such lies in the highest legislative assembly of the country, namely Sri Lanka’s parliament. It is evident that people in the state media will defy every rule in journalistic ethics to do whatever that the government demand. However the responsibility for such vile attacks lies entirely on President Rajapaksa himself for allowing such schemes to be carried out.

The greatest societal ill that will rise from this kind of abyss is the very high level of criminality in every aspect of social life. There will be loss of respect for anything called moral or ethical in a society like this. The children of such a nation will inherit a culture that is ugly and stinking.

Manufacturing a slander sheet is an easy affair. Whoever allowed such a slander sheet to be put before the country’s most august forum clearly showed a high degree of unscrupulousness and carelessness regarding every form of decorum and public etiquette that is generally required in the use of materials in the county’s Parliament. This is one of the worst act of irresponsibility that has defamed the Parliament itself and the very tradition of parliamentary debate anywhere in the world. Only fools and criminals would permit the abuse of parliamentary process in this manner.

The issue in question was an attempted abduction and an attack by four unidentified persons on the Secretary of the Judicial Service Commission on 7th of October 2012. So far the police have filed reports in the courts stating that they are unable to identify the culprits responsible for this attack. And then the government introduces an unscrupulous letter in Parliament stating that it was the Chief Justice’s husband who had organized the attack because he had suspected an illicit relationship between the Chief Justice and the Secretary of the Judicial Service Commission. Yet the country’s criminal justice investigators have declared to the court that they do not know who the attackers are. Irrespective of this, the government introduces this despicable letter manufactured by one of its hatchet men to the Parliament. The question then becomes as to what precisely is the role and importance accorded to criminal investigations in Sri Lanka? Has this role been usurped by hatchet men who write unscrupulous leaflets?

The Supreme Court of Sri Lanka was established on 1802. Up to this date there had never been such dastardly attacks on the Supreme Court or the Chief Justice. This marks perhaps the lowest point of Sri Lanka’s political culture when a government in power could abuse parliamentary privilege in this fashion. And it is worse when the Government’s slander machine is utilized to attack the Supreme Court and the Chief Justice.

The strategy behind the government action is very clear. The Secretary of the Judicial Service Commission in a press statement had complained that the public media is carrying on a campaign against the Judicial Service Commission and the independence of the judiciary. Then the government retaliates with a far worse abuse of public media in attacking the Supreme Court and the Chief Justice herself.

In doing this government resorts to the lowest forms of abuse by taking advantage of the vulnerability of the Chief Justice being a woman. This is one of the worst sexist attacks that we have seen in recent times and women movements in Sri Lanka together with every woman in Sri Lanka and anywhere else in the world should protest against this ugly abuse in regard to a woman holding a public office. Does this mean that every time that the government is unhappy with a woman holding public office, it will resort to this kind of dastardly tactic in order to humiliate and defame such a person? This is shameful Mr. Mahinda Rajapaksa. Very shameful.

In functional democracy, people would have demanded that the President himself and every one held who has participated in this shameful abuse of power, the abuse of parliamentary privilege and abuse of women should resign because they simply do not deserve to hold public office.

This episode only demonstrates the lowest depth that Sri Lanka has reached at this point of time. No nation can avoid dire consequences to its societal moral when the government at the highest level resorts to such lowest level of mean and dastardly conduct.

If the people of Sri Lanka tolerate this level of immorality on the part of the government then they should blame themselves for all the societal ills that will rise from a situation such as the current crisis that the country is facing.

The greatest societal ill that will rise from this kind of abyss is the very high level of criminality in every aspect of social life. There will be loss of respect for anything called moral or ethical in a society like this. The children of such a nation will inherit a culture that is ugly and stinking.

The Asian Human Rights Commission is aware that there are many others against whom such gimmicks are being schemed. One such scheme is to attack the lawyers who appear for just causes and oppose the government’s abuse of powers in court through the use of manufactured reports accusing them of all kinds of things, for example saying that they are being paid by drug loads. We are aware that there was an attempt to publish such a report in the government’s mouth piece Daily News last week against Mr. J C Weliamuna and another lawyer against whom the government does not agree with. It was because a particular news editor was a man who respects journalistic ethics that the report was not published. However possibly others who are willing to engage in any kind of abuse may be put in the editorial chair and publish such reports against those whom the government select to slander.

The Asian Human Right Commission is saddened by the attack on the Supreme Court and the Chief Justice. Its concern is not due to any personal attachment but due to respect for principle which when undermined, harms the very fabric of society. The Supreme Court deserves respect. The Chief Justice, whoever it is, deserves respect and the Parliament deserves not to be abused. History tells us that societies that do not respect these principles ultimately pay a high price for that disrespect.

 

Ilankai Tamil Sangam

Association of Tamils of Sri Lanka in the USA

Amnesty India Letter to Indian Prime Minister on Sri Lanka

by Amnesty India, August 2012

Now is a crucial time to raise India’s voice. In October, Sri Lanka will report its progress on human rights issues to the United Nations Human Rights Council as part of the Universal Periodic Review (UPR).  India is one of the three countries facilitating Sri Lanka’s presentation of their progress report at the Council. As a country with close ties to Sri Lanka, we are in a unique position to influence Sri Lanka to protect the rights of its citizens and ensure that those guilty of human rights abuses are held accountable.

Sign and Demand Justice in Sri Lanka

Dear Prime Minister,

We are writing to urge you to take action to end the continuing human rights violations in Sri Lanka.

Since 2009, Sri Lanka has struggled to recover from its destructive armed conflict. The Government of Sri Lanka continues to systematically violate the rights of its people. The Sri Lankan police continue to detain, arrest, and torture civilians and suspected former members of the LTTE in violation of the country’s international human rights obligations. But the government has failed to investigate or punish these violations.  It has also failed to adequately address allegations of crimes under international law committed by its armed forces and the LTTE during the last stages of the conflict in 2009.   

Now is a crucial time to raise India’s voice. In October, Sri Lanka will report its progress on human rights issues to the United Nations Human Rights Council as part of the Universal Periodic Review (UPR).  India is one of the three countries facilitating Sri Lanka’s presentation of their progress report at the Council. As a country with close ties to Sri Lanka, we are in a unique position to influence Sri Lanka to protect the rights of its citizens and ensure that those guilty of human rights abuses are held accountable.

Specifically, we recommend that the Government of India call on Sri Lanka to:

1. Investigate and prosecute all allegations of extrajudicial, summary or arbitrary killings; as well as enforced disappearances; torture; and arbitrary or extrajudicial detention, and bring the perpetrators to justice in accordance with international standards, in line with commitments made during the previous review, but not yet implemented.
2. Initiate prompt and effective investigation of witness testimony and written submissions to the Lessons Learnt and Reconciliation Commission (LLRC) that allege violations of human rights or humanitarian law;
3. Repeal the Prevention of Terrorism Act and abolish the system of administrative detention;
4. Release all  individuals arrested under emergency or anti-terrorism laws, unless they are charged with internationally recognizable crimes and remanded by an independent, fairly constituted court
5. Release all detainees unless they are charged with internationally recognizable crimes and tried fairly;
6. Implement the concrete human rights commitments contained in the National Human Rights Action Plan, and strengthen the National Human Rights Commission

In 2008, Sri Lanka stressed its commitment to many of the above objectives, but within months, they broke their promises. It is vital that India, as a powerful and influential neighboring country, establish its commitment to ensuring human rights protection for ordinary Sri Lankans.

India owes a duty to the people of Sri Lanka. We urge you to not let them down.

Sincerely,

Amnesty International India and The People of India

The ugliest attack in Sri Lanka’s history on the Supreme Court and the Chief Justice -AHRC

(Lanka-e-News -28.Oct.2012, 9.00AM) Mahinda Rajapaksha Regime has resorted to the ugliest attack in Sri Lankan on the Supreme Court and the Chief Justice this week by using the state media as a slander machine and being mean to introduce manufactured slanders letters to the parliament solely with the purpose of abusing the parliamentary privilege for based purpose. The government has within its position the schemers of lowest quality who could manufacture any lie, and there are others who will introduce such lies in the highest of the country Sri Lanka’s parliament, and people in the state’s media who will defy every rule in journalistic ethics to do whatever that the government demand. However the responsibility lies entirely within president Rajapaksha himself for allowing such a scheme to be carried out.

Manufacturing a slander sheet is an easy affair. Whoever to allow such a slander sheet in the country’s most august form requires unscrupulousness and carelessness regarding every form of decorum and public etiquette require in the use of materials in county’s parliament. This is one of the worst act of irresponsibility that defamed the parliament itself and the very tradition of parliamentary debate anywhere in the world. It is not just fools but criminals that could allow the abuse of parliamentary process in this manner.

Issue involve was an attempted abduction and an attack by four unidentified persons on the secretary of the Judicial Service Commission on 7th of October 2012. So far the police have file reports in the courts that they are unable to identify the culprits of this attack. And then the government introduces scrupulous letter stating that it was the chief justice’s husband who has organized the attack because he has suspected an illicit relationship between the chief justice and the secretary of judicial service commission. Countries criminal justice investigators have declared to the court that they do not know who the attackers are. And then the government introduces this despicable letter manufactured by some mean person to the countries august body. The question is what the place of criminal investigation in Sri Lanka is. Has is being taken over or by past by persons who write scrupulous leaflets.

The Supreme Court of Sri Lanka was established on 1802. Up to this date there had never been this kind of mean attacks on the Supreme Court or the Chief Justice. It marked perhaps the lowest point of political culture when a government in power could abuse the parliamentary privilege in this fashion. And it is worse when a slander machine is utilized to attack the Supreme Court and the Chief Justice.

Strategy behind the government action is this. Secretary of the Judicial Service Commission in a press statement complained that the public media is carrying on a campaigned against the Judicial Service Commission and the independence of judiciary. Then the government retaliates with a thousand times worst used abuse of publicity and the public media in attacking the Supreme Court and the Chief Justice herself.
In doing this government resorts to the lowest forms of abuse by taking advantage of the vulnerability of Chief Justice being a woman. This is one of the worst sexist attack and the women movement in Sri Lanka and every woman in Sri Lanka and anywhere else in the world much revolt against this ugly abuse on a woman holding a public office. Does this mean that every time the government is unhappy with a woman holding public office it will resort to this kind of mean tactic in order to humiliate and defame such a person? This is shameful Mr. Mahinda Rajapaksha. Very shameful.
In functional democracy people would have demanded that the president himself and every one held who has participated in this shameful abuse of power, the abuse of parliamentary privilege and abuse of women should resign because they simply do not deserve to hold public office.

This episode only demonstrates the lowest depth that Sri Lanka has reached. No nation can avoid dire consequences to its societal moral when the government at highest level resorts to such lowest level of meanness.

If the people of Sri Lanka tolerate this level of immorality on the part of the government then they should blame themselves for all the societal ills that will rise from situation like this. 
The greatest societal ill that will rise from this kind of abyss is very high level of criminality in every aspect of social life. There will be loss of respect for anything calls moral or ethical in a society like this. The children of such a nation will inherit culture that is ugly and stinking.

Asian Human Rights Commission is aware that there are many others such gimmicks being schemed. One such is to attacks the lawyers who appear for just causes and oppose the government abuse of powers in court by manufactured reports attacking them of all kinds of things for an example saying that they are being paid by drug loads. We are aware that there was an attempt to publish such a report in the government’s mouth piece Daily News last week against Mr. J C Weliamuna and another lawyer against whom the government somehow agrees with. It was because a particular news editor was a man who respects journalistic ethics that the report was not published. However possibly others who are willing to engage in any kind of abuse may be put is in the place and such reports against those whom the government select to slander may be publish in the future.

The Asian Human Right Commission is sadden by the attack on the Supreme Court and the Chief Justice not due to any personal attachment but due to respect for principals that when undermine harms the fabrics of society. Supreme Court deserves respect, Chief Justice whoever it is deserves respect and the Parliament deserves not to be abuse. History tells us that societies that do not respect these principals pay a high price for that disrespect.

The disgraceful confessions of a former Chief Justice

The disgraceful confessions of a former Chief Justice

 

(October 28, 2012, Colombo, Sri Lanka Guardian) The triumphal confession of a former chief justice Sarath Silva reported in the Daily Mirror of 16 October 2012 while making a speech at an opposition meeting in support of Sarath Fonseka of the opposition to President Mahinda Rajapaksa of Sri Lanka is indeed a severe indictment on the manner in which the rule of law is being administered and obtaining in Sri Lanka. This confession was made not in remorse or contrition but in a spectacle of wimpish exposition of his disgraceful verdicts originally intended to gain favour with Rajapaksa now transformed into pleasing the opposition which should be ashamed of their newly found ally and fight shy of him lest he causes more embarrassment unless this is the intended norm.

If this former chief justice could not have foreseen that if as prime minister Rajapaksa had siphoned off donations meant for public usage into his own private account, the dangers of entrusting any public fund or property to one who would enjoy absolute powers as president, is either totally insane, absolutely dishonest and corrupt, or is an opportunist in no way fit to have held that position or for that matter even as an ordinary judge.

Descending to the lowest depths of the standards of the administration of justice at the highest level, Silva here refers to one of his most disgraceful decisions during his era of dark justice that he delivered the infamous verdict in the Helping Hambantota case ‘expecting that Mahinda Rajapaksa in turn would safeguard the rights of the other people but it is not happening today...."

According to the Daily Mirror, Silva said "President Mahinda Rajapaksa would not have become the President of Sri Lanka if not for the Supreme Court ruling to release him in the Helping Hambantota case.... Mahinda Rajapaksa would not have either been able to contest the 2005 Presidential election or come into power if the Supreme Court bench headed by him did not clear Mahinda Rajapaksa of allegations of misappropriation of Tsunami funds......There are many complaints that it was I who was responsible to bring Rajapaksa into power".

He is said to have further stated ".....Following the Tsunami disaster on December 26, 2004, Sri Lanka received goodwill and financial aid from many foreign countries and in the absence of then President Chandrika Kumaratunga who was on a foreign visit, Mahinda Rajapaksa as the prime minister handled the funds received immediately...... The police initiated investigations against the then prime minister Rajapaksa sequel to a complaint made by UNP MP Kabir Hashim that he was siphoning off Tsunami funds into a private account. Hashim alleged that Rajapaksa was committing a criminal breach of trust and criminal misappropriation." (Susitha R. Fernando, Daily Mirror)

These monies were given by various countries and agencies and we believe by also Ban ki Moon while being the South Korean foreign minister as payment to ensure that Sri Lanka voted for him. These monies were donations for the rehabilitation of those who had suffered physical, mental, residential, loss of their loved ones, monetary and employment devastations of an unprecedented nature. Aware of the corruption and dishonesty and the antecedents of those handling these funds, we in these columns advocated that these donations and the manner in which they were being expended be audited by the international community but these fell into deaf ears. Perhaps they fell for the smooth talking of the culprits. These are blood monies tainted with grief and deep sorrow. We also pointed out that although the brunt of sixty five per cent of the Tsunami devastation was faced by the people of the north and the east not even thirty five per cent of the donations went towards the rehabilitation of these people. All kinds of allegations were heaped on the LTTE. Personages like Bush (senior) and Clinton who were in Sri Lanka were denied access to the north and the east on the ground that it would be unsafe for them to visit these areas.

If this former chief justice could not have foreseen that if as prime minister Rajapaksa had siphoned off donations meant for public usage into his own private account, the dangers of entrusting any public fund or property to one who would enjoy absolute powers as president, is either totally insane, absolutely dishonest and corrupt, or is an opportunist in no way fit to have held that position or for that matter even as an ordinary judge. Sarath Silva's stewardship in the justice system had been a record of dishonesty and corruption peculiar to the rule of law obtaining in the country. He, however, kept to the norms of the day and indeed with impunity. The other judges had to tow the line which they did. The question is what temerity and courage Silva had, to say what he said at a public meeting of the opposition and indeed his suitability to hold any public office in the future. One thing is certain and that is that he stated the fact of the matter.

Although Rajapaksa used the tsunami donations to build up his own personal coffers and that of his family he used Chinese aid to rebuild Hambantota for his political advantage.

In view of the bold confessions in the form of a belated verdict by a former chief justice, the question is as to what moral right, besides others does Mahinda Rajapaksa have to rule over the people of Sri Lanka besides the impunity the primordial Mahavamsa affords to a Sinhalese Buddhist ruler who could subdue and in this case massacre innocent Tamils.

Given the corruption and the dishonesty at the highest level of the judiciary and the other guardians of the law, one would wonder what chance, if any, would an ordinary member of the Sri Lankan public as a litigant ever have in expecting even a modicum of justice from the prevailing justice system in especially the lower courts. Lord Justice Denning who adorned the English judiciary at the highest levels for many decades and known well for his brilliant and common sense judgements once said something to the effect that a good judge must be a thorough gentleman and all the better if he knows a little law. He apparently meant that a knowledge of law would do no harm. The only hope is that judges in Sri Lanka would be gentlemen though not necessarily "thorough" and unfortunately the "gentlemen" in the Sri Lankan judiciary are fast becoming an extinct species.

WikiLeaks: Eight Thousand IDPs Disappeared – Gota To US

Human Compassion

  

WikiLeaks: Eight Thousand IDPs Disappeared – Gota To US

By Colombo Telegraph -October 28, 2012

“Blake recalled that, as Ambassador, he told GSL officials that the U.S. would have difficulty funding the long-term presence of IDPs in camps; it would be perceived as supporting incarceration. Rajapaksa stressed that it had been only three months; in the East, the first batch of IDP returns did not take place for nine months. Blake pointed to the barbed wire around the camp as evidence that camp residents could not leave. Rajapaksa disputed that assessment. The barbed wire, he said, could be removed. The camps are not closed. Eight thousand camp residents have disappeared and people are free to leave, for example, to go to the hospital or shopping in Vavuniya city (Department would appreciate Embassy Colombo’s assessment of whether this is true).” US State Department wrote to US Embassy Colombo. 

Gotabaya

The US State Department wrote “the reality, he argued, is that these people have no place to go. The government offered the elderly the opportunity to leave, but they chose to remain. Likewise, 45,000 IDPs from Jaffna Peninsula have chosen to remain in the camps because there is no housing on Jaffna. Basic infrastructure and housing in conflict-affected areas in the North have been completely destroyed, Rajapaksa maintained, though electricity provision is underway and irrigation reconstruction is commencing. Family and friends are not, in most cases, a viable option; it is a significant financial burden for a poor family to take on even one person.”

A classified diplomatic cable which details a meeting the US Assistant Secretary for South and Central Asian Affairs Robert Blake has had with  Secretary to the Ministry of Difence Gotabhaya Rajapaksa on September 24, 2009. The Colombo Telegraph found the related US diplomatic cable from the Secretary of State section of the WikiLeaks database. The cable was classified as “Confidential” signed by Hillary Clinton on September 25 2009.

Under the subheading “IDP RETURNS” the US State Department wrote “Blake underscored the importance of resettling as many IDPs as quickly as possible, noting that a number of GSL-announced deadlines had lapsed. Rajapaksa said that he and the President believe that the sooner IDPs are resettled, the better. That’s why the government’s plans have been so ambitious. The camps are difficult to control security-wise — LTTE combatants easily hide in them — and breed political resentment, he contended. The President wants these people’s political support. Screening for former LTTE could more easily take place in villages. The GSL knows who most of the hard-core LTTE are and could easily monitor them. The biggest problem, according to Rajapaksa, is financial. For example, Justice Minister Moragoda, who is incharge of rehabilitation of former LTTE combatants, is keen to press ahead on this effort. The GSL has provided staff and developed with the International Organization for Migration (IOM) a strategy for rehabilitation that emphasizes livelihood training, but still lacks the resources to build the centers and the housing required. (NOTE: State/USAID has proposed to DOD using a significant portion of the approximately $10 million in DOD-provided 1207 funding for post-conflict stabilization in northern Sri Lanka (about $10 million) on IOM-implemented projects that support the rehabilitation of former LTTE and pro-government paramilitary combatants and former child soldiers, building on similar work in the East. END NOTE.)”

“Rajapaksa surmised that if the GSL was to allow IDPs to go wherever they wanted, there would be significant casualties from landmines. Blake said the U.S. could consider doing more to assist in the demining area, if freedom of movement is assured. Rajapaksa said that many promises from the international community of demining assistance have not been fulfilled. The military alone successfully de-mined seventy percent of the East. He asked that the U.S. provide demining equipment to the government directly and demand accountability. He suggested the Embassy could create a mechanism to ensure such accountability. He questioned the utility of the demining assistance the U.S. has provided to NGOs that were not, he said, working productively. A/S Blake reiterated that assurances on freedom of movement would help us make the case for additional assistance, and suggested removing the barbed wire and allowing the press to witness it and free movement of camp residents.” they further wrote.

Related stories to this cable;

WikiLeaks: After The War Gota – Blake Meeting In Americai

Who is playing Jekyll and Hyde?

iAbolishing the 13th A’ment will alienate Tamils further

Who is playing 

Jekyll and Hyde?

– R. Sampanthan

TNA leader R. Sampanthan says that the government is playing Jekyll and Hyde on the political solution to the Tamil grievances. He spoke to Afreeha Jawad on a gamut of issues.
Excerpt:

There is widespread belief of an unwillingness on your part to take part in the parliamentary select committee for a negotiated settlement to end the ethnic crisis. How would you respond to this?
Let me explain to you and then you will find for yourself who is playing Jekyll and Hyde. There were ibilateral talks between the TNA and the government since 2011. In March 2011, we presented our proposals in writing for a political solution. The government agreed to respond but has not done so to this date. Consequently, the bilateral talks were interrupted. As a result, certain talks took place between the president and me as the TNA leader. We agreed to bring the commitments made at these discussions into the negotiation process. We want the process to continue but the government’s response has lacked commitment. Reports that have emerged through various processes in the past during President Premadasa and President Chandrika Kumaranatunga’s time, as well as that of the present president were brought in, in lieu of the government’s proposals. Bilateral talks were to continue and efforts were made to reach a consensus between the government and the TNA. When the Parliamentary Select Committee was constituted this consensus was to be discussed and the TNA was to join the select committee after such consensus was reached, particularly on more important issues such as structural governance, subjects and functions to be assigned to the provinces or regions along with fiscal and financial provisions. The government did not constructively engage and this consensus was not arrived at. The government also did not attend bilateral talks fixed for January 17, 18 and 19, 2012. The first attempt to break this stalemate was made in January 2012 when I had talks with the government delegation where a formula was worked out to end the stalemate which was accepted by the government. There was no presidential approval for this. The second attempt to break the deadlock was at the president’s request when the opposition leader intervened in 2012. A formula was worked out which according to Ranil the President approved. When Ranil made a statement in parliament outlining the formula, the government responded without accepting the salient features in it. Therefore the stalemate continues entirely due to the government’s lack of commitment. We are even today prepared for a reasonable political solution within a united, undivided Sri Lanka for the benefit of all Sri Lankans. 

The story goes that the diaspora is against you because you want devolution while they are determined to obtain separation. Do you agree?
They believe that there is no hope of a reasonable political solution and therefore total sovereignty is inevitable. After all, evolving a political solution has been in this country’s political agenda under successive presidents including the present head. Several governments took up the position that the LTTE was a hindrance. The LTTE is no more. The Tamil political formation is substantially prepared for a reasonable solution within a united, undivided Sri Lanka. Today, unlike earlier, the main opposition party is prepared to accept any solution arrived at. No one can continuously sustain a manifestly unreasonable position. This has been demonstrated in several countries. Myanmar’s military regime is compelled to change and respect democracy. We are committed to avoiding any form of violence. Let’s hope the government will change its attitude and become positive towards a negotiated, peaceful solution through rational dialogue.

There’s a great deal of development activity that is going on in the North. So why not join hands with the government and give up this call for devolution?
Sovereignty belongs to the people. Institutions of governance exercise this sovereignty on behalf of the people. For these institutions to be truly representative of the people it must be in keeping with the people’s democratic verdict. Since 1956, for over 50 years, the Tamils have voted for power sharing of governance for devolution and political autonomy. This they have repeatedly affirmed is a need in order to preserve their dignity and self-respect and to fulfil their legitimate economic, social and cultural aspirations within a united, undivided Sri Lanka.
True, many foreign governments and organizations are funding development activities in the war affected North and East. Though the government is expending these contributions it does not mean that the people’s legitimate aspirations are fulfilled. Despite these activities, tens of thousands are still without shelter, sanitation, drinking water, food and livelihood activities.
They must be politically empowered to take control of their lives and fulfil their democratic wishes. This is the only way to ensure genuine reconciliation, unity and harmony among different people. Some foreign delegations are taken on guided tours to enable the government to present its version which is not the true position of the Tamil people.
What are your views on Sinhala colonization of the North East? The government believes that anyone has a right to go and live in any part of the country. Do you agree with this?
We don’t object to the Sinhala people coming to live in the North and East. We only raise objections to the government being an agency through which the Sinhalese take up residence there. Tamils living in the South and West have gone there of their own volition and not through government assistance. The state should not try to change the demographic composition through state action and funds. This has been our consistent demand and is also the essence of the Bandaranaike/ Chelvanayagam and Dudley/ Chelvanayagam Pacts. Unfortunately, the government engages in activities to change the linguistic and cultural identities and the demographic composition. The excessive and oppressive presence of armed forces and their activities also contributed to this. These are indicative of the government working towards an agenda despite public dissent.

What is the assurance you got from Prime Minister Manmohan Singh following your recent visit to India?
He said he wanted a political solution where Tamils would be treated with equality and justice and could live with dignity and self-respect. Going by past experiences we have great doubt over the government’s sincerity. We are prepared to engage constructively if they move forward. I am a Sri Lankan . I want my country to prosper. I will not take part in anything that will harm Sri Lanka. I will do everything possible to get the government to do the right thing.

i