Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Wednesday, November 21, 2012

Statement on the Motion to Impeach the Chief Justice of Sri Lanka

Wednesday, 21 November 2012
The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates' and Judges' Association (CMJA) are concerned about the recent motion in the Sri Lankan Parliament to proceed with the impeachment of Chief Justice Shirani Bandaranayake
The existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law. By virtue of its membership of the Commonwealth, Sri Lanka is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an independent and impartial judiciary. Any measure on the part of the Executive or Legislature which is capable of being seen as eroding the independence and impartiality of the judiciary is a matter of serious concern and is in danger of eroding public confidence in the legal system as a whole.
The Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003), which form part of the Commonwealth fundamental values state that disciplinary proceedings which might lead to the removal of a judicial officer should include appropriate safeguards to ensure fairness’ that is to say, the right to be fully informed of the charges against them, to be represented at a hearing, to make a full defence and to be judged by an independent and impartial tribunal.
Furthermore these Principles require that judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties. The Associations urge upon the Government and Parliament of Sri Lanka to respect the independence of the judiciary and in particular to comply with its constitutional safeguards and the Commonwealth Latimer House Principles which, as the Commonwealth Secretary General emphasised in his statement of 15 November 2012, 'govern the relationship between the three branches of government and are a cornerstone of our Association's values.'
Commonwealth Lawyers Association (CLA)
Commonwealth Legal Education Association (CLEA)
Commonwealth Magistrates’ and Judges’ Association (CMJA)
19 November 2012

SRI LANKA: The Supreme Court can now decide on the correct impeachment procedure

November 21, 2012
AHRC LogoIt is the Supreme Court that should have created the disciplinary process for judges. The executive or legislature should not have usurped the function of the judicial branch, which is an independent branch. The Standing Orders relating to impeachment of judges should only have been adopted on the advice and the approval of the Supreme Court.

Now that several petitions against the impeachment are before the Supreme Court, the court has the opportunity to correct the wrong procedure that has been followed earlier by the Parliamentary Select Committee, in drafting and adopting the Standing Orders as it stand now.

Had the court been earlier consulted, it would have given advice on the basis of law as to how to draft the Standing Orders in a way that will not violate the status and the dignity of judges of Sri Lanka. The court can now take notice of the injustice that has been caused to the judiciary in adopting the Standing Orders as they are now and use this occasion to undo the historic injustice.

The unjust Standing Orders have been used on three occasions, causing grave problems for three Chief Justices. It could have caused anxiety to all others. Any day, these procedures could be used by anyone. Now the Supreme Court has a historic opportunity to take a matter that strictly belongs to it to its own hand, and make it safe for all judges in the future.

The lawyers of Sri Lanka has expressed their condemnation of the abuse of impeachment process and demanded that the law relating impeachment be in conformity with the best practices recognized throughout the world. The eight resolutions passed by the bar association is a clear indication of what the lawyers of Sri Lanka wants on this particular issue.

Bar and Bench should now make  this occasion to let the nation know that they will defend legality against illegality at all cost.

The Answer My Friend, Is Blowing In The Wind

Colombo TelegraphBy Ravi Perera -November 21, 2012
Ravi Perera
The efficacy of their systems, progress and occasional hiccups reflect in a fundamental way the culture, the intelligence and even the sensibilities of a people. One simply cannot for instance have an evolved parliamentary system among a group of barbarians. Neither can we have a credible public /judicial service in a corrupt culture. The former would have no use for the niceties of democratic principles while the latter will invariably subvert the public/judicial service with corruption. On the other hand, we have the example of Great Britain functioning as a stable and prosperous democracy without even a document which could be referred to as the Constitution.  Acts of Parliament, case law, precedents, traditions etc give sufficient cohesion to that society and system, still looked up to as a leading nation on many indicators, noticeably on constitutional and legal aspects. Even our infamous hedging case has now ended up in a British court for adjudication.
A people are a sum of their ideas, attitudes and sensibilities. Whatever happens in a given society will ultimately progress along lines set by that particular people.  The on-going impeachment motion against theChief Justice is no different. Its definition, evolution and the final act can in a larger sense only reflect the quality of a people.
Of course in a large society there is not just one opinion, attitude or sensibility, although we can often discern   general directions therein. Events that happen around us, including the impeachment motion happen in a certain context. As writers we can only report what we see and hear. It is for the reader to interpret their meaning. We recount here some of the opinions expressed by different persons in recent days. They were not recorded and are reproduced   only to the best of our recollection. Due to space limitations we have condensed the conversations considerably. Some of the opinions expressed may not be directly referable   to the impeachment motion but we think are representative of general attitudes and categories of thinking common in Sri Lanka
Two views of past                                              Read More 
Petitions against impeachment motion against CJ referred to SC

 
Attorney-at-law S. L. Gunasekera leaves the Appeal Court with attorney-at-law Krishmal Warnasuriya after moving the Court against the UPFA initiated impeachment motion against Chief Justice Dr. Shirani Bandaranayake. 
Pic by Kamal Bogoda.


By Chitra Weerarathne
November 20, 2012
A three-Judge Court of Appeal Bench yesterday referred to the Supreme Court, for interpretation, Article 107/3 of the Constitution, in respect of petitions filed by Chandana Jayaratne and three others against a Parliamentary Select Committee appointed to inquire into the allegations against the Chief Justice Dr. Shirani Bandaranayake.

Article 107/3 refers to the procedure of impeachment.

President’s Counsel Sanjeewa Jayewardene, who supported a petition on bias of some of the PSC members, was advised by the Court to take up the matter at that forum.

The Bench comprised Justices S. Sriskandarajah (President) Anil Gooneratne and A. W. A. Salam.

At the beginning of the hearing, Counsel Kanag Ishwaran explained that the concern of the petitioner was to secure the Independence of the Judiciary. Article 107/2 stated that Justices of the Supreme Court could be removed by the President after an address of Parliament. The reason could be misconduct or misbehaviour. Standing Orders of Parliament were for the management of Members of the Parliament, he said.

Standing Orders gave guidelines for removal of the President and the Judges.

Counsel Kanag Ishwaran said Articles (3) and (4) referred to the sovereignty of the People and the Judicial Powers respectively. Parliament derived power from the people who were Supreme. Parliament was bound by the limitations of the Constitution, he said.

Law was any Act of Parliament but Standing Orders were not law, Article 117 explained, he argued, adding that Standing Order could not order persons to appear before Parliament.

Counsel said Standing Order 78 included rules for debate. Judicial powers of the people were exercised through the Courts, except in the matter of parliamentary privileges, he said.

Counsel Kanag Ishwaran said the attempt to takeaway the judicial powers of the courts and to give it to another institution, violated the Constitution.

To confer judicial power on the Select Committee, outside of Article 4(C), was a violation of the Constitution of Sri Lanka, Counsel Kanag Ishwaran said, adding that the Judicial powers of the people had not been given over to Parliament.

He said Standing Order 78, had given the rules for Parliamentary debate. Standing Orders were controlled by Articles 3 and 4 of the Constitution.

The Parliamentary Select Committee should not publish proceedings until a person was found guilty, counsel stressed.

The Select Committee was not a judicial body. They must be restrained from proceeding to investigate the Chief Justice, he stressed.

S. L. Gunesekera associated his submissions with those made by K. Kanag Ishwaran.

The Standing Orders denied a justice the right to equality enshrined in Article 12(1), on equality, he said.

At the end of yesterday’s hearing the Court of Appeal referred to the Supreme Court, the petitions, filed by Jayaratne and three others, for its interpretation of Article 107/3 of the Constitution. Article 107/3 refers to the procedure for impeachment. Some of the petitions are to be heard today.

Among the persons who have filed Writ Applications against the Parliamentary Select Committee, to investigate allegations against the Chief Justice, are Dr. Jayampathy Wickramaratne, Chandana Jayaratne, Venerable Sobitha Thera, Nimal Weerakkody, Chandrapala Kumarage, W. Visakha Perera Tilakaratne.

All these petitioners had made the eleven Members of Parliament on the Select Committee respondents, while some had included the Speaker of Parliament, too, as a respondent.

All these petitions basically said that, Article 4(C) of the Constitution referred to the judicial rights of the people and that a select committee, appointed under Standing Order of Parliament 78(A), could not interfere with the constitutional rights of the people. The independence and the integrity of the judiciary should be maintained, they said, adding that the Select Committee must be prohibited from proceeding further.
Tamil Guardian 20 November 2012

Satellite ready for launch in China
Photograph Daily Mirror
Sri Lanka's first satellite is ready for launch from the Xichang Satellite Launch Centre in China, on 22nd November 2012.


Sri Lanka's satellite control station to be opened in Pallekele in June 2013
Sat, Nov 17, 2012, 10:41 pm SL Time, ColomboPage News Desk, Sri Lanka.
Lankapage LogoNov 17, Colombo: The controlling unit or the Content Management Station of the Sri Lanka's first communication satellite which is now under construction will start operations in June 2013, President Mahinda Rajapaksa's youngest son Rohitha Rajapaksa has told local media.
Sri Lanka's first satellite will take to orbit on November 22 from the Xichang Satellite Launch Center in China and it will be positioned over Sri Lanka. The satellite will be operational for commercial purposes in the region by early June 2013.
The control unit for the satellite is now being constructed in Pallekele near Kandy in the Central Province.
The youngest Rajapaksa has said that the logistics for the space station is being acquired now.
The station will employ 200 professionals including 25 chief engineers. China is building up technical expertise in them at present.
In an interview with a local newspaper Rohitha Rajapaksa has said that Sri Lanka has planned to launch its own satellite in 2015.
SupremeSAT (Pvt) Ltd., a BOI approved company runs this project at a total investment US$ 360 million including the space station and space academy.
Sri Lanka will be the 45th country in the world to own a communication satellite and the third in South Asia. India and Pakistan have their own satellites.
SupremeSAT has entered into an exclusive partnership agreement with China's State-owned China Great Wall Industry Corporation (CGWIC) for the design, manufacturing and launching of the satellite.

TamilNet

Honest intellectual discourse missing in Tamil Nadu: Thirumurugan

[TamilNet, Wednesday, 21 November 2012, 08:38 GMT]
Lack of honest intellectual discussion in Tamil Nadu is the reason why the Tamil Eezham cause has not been taken up for intense intellectual discussion at a larger All-India level, said Thirumurugan Gandhi, coordinator of May 17 civil society movement of TamilNadu in an interview to TamilNet earlier this month. Such intellectual discourses usually dominated by Marxist Communists and Brahmanistic sections in Tamil Nadu failed the Eezham Tamils. But the biased sections that theoretically opposed Tamil Eezham, opposed the LTTE, pushed back the cause and contributed favourably to the Sri Lankan state now find themselves sidelined in Tamil Nadu due to civil society awakening, Thirumurugan said, adding an appreciating note on the support of Muslim civil society in Tamil Nadu. 



Visiting London for the British Tamil Forum conference, Thirumurugan was interviewed by V. Kohulan for the Palaka’ni programme of TamilNet.

Rejecting ‘step-by-step’ approach for solution to Eezham Tamils, Thirumurugan said that it would have worked in the 1960s when the question was in the initial stages, but not now in the context of genocide and after Tamils paying a high price. He cited at the creation of Israel within a couple of years of the WWII pogrom. 

Step-by-step after genocide is suicidal, he said. 

In his opinion, the talk of the steps that war crimes investigation would lead to prove genocide and would pave way for independence is a fraud, as there is no commitment or guarantee of political nature for the goal of the steps.

When the International Community has explicitly precluded that it would oppose Eezham Tamil independence why should the Tamils be guided by that International Community, he asked.

Keeping the island as a whole, they want a mercenary state there. They want to treat the entire island as a real property estate.

But they also need the Tamil support. Patch-up and delay are the tactics to handle Tamils. What the IC wants is to deceive Tamils.

It is not that there should be no war crimes investigations. War crimes will cover only the small fry. War crime was only one of the crimes committed. Punishment for the crimes and justice to the victims are two different things. Both have to be together in the delivery of justice.

Tamils have to be clear in their demand. Ask straight to the face.

Only a society that has the guts to tell the IC that we would be with you only when you give us what we ask, will be successful. This is what the Sinhalese did, saying that take our country, take our resources, but make it a Sinhala island.

Eezham Tamils should not think that they are weak and compromise with the fundamentals. People who are weak and fluctuating need not come into the scene of politics.

The IC cannot abandon a de facto state it created by an internationally backed peace process.

Tamils do not realize their international potentiality, Thirumurugan said.

On LLRC he said that LLRC implementation, seeking solutions within unitary Sri Lanka has to be rejected in toto. SL constitution being anti-Tamil is a proven fact. Reconciliation is a tactic to destroy a struggle. Reconciliation is meaningful only when there is parity. Those who have committed the crimes can’t be judges. LLRC recommendations come from a panel headed by an internationally discredited Chief Justice. The IC is corrupt and has no credibility in this regard. 

Genuine reconciliation will take place only when Sinhalese and Tamils have their own governments.
* * *
When asked on the stand of media in India on the question of Eezham Tamils, Thirumurugan said that the mainstream media in India are either in the clutches of intelligence agencies or are purchased by the Sri Lankan government.

He came hard on The Hindu.

The Hindu received many benefits from governments in Colombo, he said, adding The Hindu was instrumental in finding connections for Colombo with China and higher-ups in New Delhi.

Posing a progressive image, such a media finds recognition even from people like Chomsky, he cited.

The Hindu has agreements with The Guardian in London for news exchanges. The Hindu did not take up the cables on Sri Lanka when the Wikileak cables became available through The Guardian, Thirumurugan said. He urged the Londoners to handle such matters with The Guardian.

Thirumurugan also commented negatively on the stands of Times of India and Deccan Chronicle. The Economic and Political Weekly never discussed Tamil Eelam as a serious issue, he said.

* * *
On Indian foreign policy, India lost its grip on the island of Sri Lanka long back, is the opinion of Thirumurugan.

Foreign policy of India cannot be a monopoly of the Congress and the BJP. The other parties have a say, but they don’t exercise it. 

The DMK and the AIADMK never asserted them to have a say in the foreign policy.

But there are political parties in India, prepared for it. North Indian politicians like Ram Vilas Paswan proved that non-Congress and non-BJP parties could come to speak for Eezham Tamils and influence India’s foreign policy.

Mass-based parties have a say in India’s foreign policy. Border states in India have a say. States have to assert themselves to that responsibility. May 17 movement will move towards to work on it, Thirumurugan said.

India is basically imperial. Oppression is a common problem for Eezham Tamils as well as Tamils in Tamil Nadu, he said.

Tamils in their long history have never faced genocide before, but they face a planned one now.

Never think the mainstream parties will do anything for Tamils. Only the grassroot could do it. There is progress now.

The mainstream political parties in Tamil Nadu, both the DMK and AIADMK were forced to respond only when there was a civil society awakening after May 2009, and when the question of Eezham Tamils has become an inevitable election issue, Thirumurugan said.

Diplomat with 25 acre estate investigated for claiming legal aid during sex assault trial


Shavendra accused of sexually abusing Keheliya’s daughter


Diplomat with 25 acre estate investigated for claiming legal aid during sex assault trial

Telegraph.co.uk 

A former Sri Lankan ambassador who claimed legal aid in his sexual assault trial despite living on a 25 acre estate staffed by servants faces a fraud investigation.

Diplomat with 25 acre estate investigated for claiming legal aid during sex assault trial
Gunasekara was found guilty of sexually assaulting a masseur at a gym and spa in Wimbledon Photo: Ed Willcox/CENTRAL NEWS
Former Sri Lankan MP Tudor Gunasekara, 77, who said he was one of Sri Lanka's leading businessmen, was fined at the Old Bailey today after being convicted of groping a masseur's breast.
But after he was found guilty of sexual assault, Judge Charles Wide QC ordered an investigation by the Legal Service Commission as to whether the former ambassador to Poland committed fraud.
Gunasekara had claimed he survived on just £100 a month from his state pension after transferring all his wealth to his son.
But Judge Wide said: "This is a serious inquiry. This man appears to be quite a rich man and the British taxpayers paid for his defence in a case where he was patently guilty.
"He was prepared for the British taxpayers to subsidise his defence."
He asked for the Legal Service Commission to investigate 'whether his legal representation order was obtained by fraud'.
Gunasekara, who is married with two children and a prominent member of the United National Party, was found guilty of sexually assaulting a masseur at a well known high street gym and spa in Wimbledon this May.
As he received a massage he reached out to grab the masseur breast as she kneaded his shoulders which caused the respectable and conscientious woman to flee pressing the panic button.
Prosecutor Robin Griffiths addressing the jury said: "You may think it was that close proximity between him and her at that late stage of a full Swedish massage when he simply lost his self restraint and groped her."
The jury took less than half an hour to find him guilty.
But Mr Griffiths added Gunasekara tried to blame the masseur saying "it was the therapist that made the improper proposal she could give him better service for an extra £50 on top of the already inflated figure he claimed she charged him at the beginning of the day before proceedings began."
He claimed he had paid £100 for a foot massage to relieve the pain in his foot because of the diabetes he suffered from for the last quarter of a century but the woman began giving him a full body rub before making the indecent proposal.
Gunasekara was ordered to pay a £1,000 fine, £1,000 compensation, prosecution costs of £1,250 and his defence costs estimated to be over £4,170.
Judge Wide QC added: "It was a really nasty offence.
"When good character is relied upon in your case, it does help me to understand what sort of man you are.
"What you did was really bad. To get yourself off the hook, and for no other reason, you accused this completely blameless sensible and conscientious woman of having stolen from her employer by keeping the money and getting more out of you by then offering you extra special services."
He said the woman masseur who worked as a beautician was "entirely respectable" as was the spa but Gunasekara made inappropriate remarks about her private life, asked her back to his hotel room, and then offered to read her palm as a means to get intimate with her.
When that failed he offered her money but when his advances were rejected, he lunged at her.
Judge Wide said: "It was obviously very, very upsetting for her. She fled from the room in high distress, pushing the panic button as she went."
Former Sri Lankan Ambassador Tudor Gunasekara was accused of "lying" to the Old Bailey and in his legal aid application about his wealth.
The court heard despite claiming he only had a £100 a month to live off, he had £1,850 and $631 in cash, and £50 worth of traveller's cheques when he was arrested for groping a masseur's breast.
Yet despite the sums readily at hand he pleaded poverty and got legal aid to fight his case.
Gunasekara had travelled to the UK to visit his grandchildren when he groped the masseur's breasts. In Sri Lankan he lives on a 25 acre estate complete with servants.
Judge Wide QC exploded with rage when he learnt of the legal aid funding adding: "The British public would be appalled to know they are paying for this man's costs - one of Sri Lanka's leading successful businessmen and government minister and ambassador to Poland and he say's he's got no money.
"I think it is a lie, I think it is one of a number of lies he told in this court.
"Frankly I don't think the British public should pay a penny to this."
As well as being ordered to pay £7,420 in fines, compensation and legal costs, with £15 victim's surcharge, the country's first ambassador to Poland, Bulgaria, Rumania and Hungary was ordered to be placed on the sex offenders register.
Speaking outside court Det Con Jamie McIntosh said: "The time the jury took is illustrative of the incredible defence he put forward.
"The victim has been consistent and I am happy she can now move on and put this all behind her knowing justice has been done.
"The Met Police take every allegation of sexual assault seriously and will investigate it thoroughly no matter what the social status of the suspect."

SRI LANKA: A young man is under constant threat by the Officer-in-Charge of the Thambuththegama Police

November 21, 2012
AHRC LogoASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME
Urgent Appeal Case: AHRC-UAC-196-2012
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Mr. Porawakara Arachchilage Pramesh is being harassed by officers of the Thambuththegama Police Station because he assisted a friend to file a fundamental rights application. The Officer-in-Charge of that station has personally threatened Pramesh with arrest and false charges if he continues his present actions. This case is yet another illustration of the exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information the Asian Human Rights Commission received Mr. Porawakara Arachchilage Pramesh (34) of 4 Yaya, Rajanganaya in Anuradhapura District is a businessman by profession.
AHRC-UAC-196-2012-01.jpgPramesh assisted one of his friends, Thusitha Rathnayaka, who lives in same village and who was subjected to illegal arrest, detention, cruel assault and torture for a crime that he did not commit in May 2012.
On 28 of May two police officers from the Thambuththegama Police Station, arrested Thusitha Rathnayaka who was accused of stealing a necklace. He was then brutally assaulted by police officers attached to the Thambuththegama Police Station.
Thusitha Rathnayaka is a simple person and did not have sufficient knowledge about the law to take legal action against the police officers. It was Pramesh who helped Thusitha to make an application to the courts on the basis that his fundamental rights were violated by the police officers. In the application Thusitha named the Officer-in-Charge of the Thambuththegama Police Station as one of the respondents.
Pramesh later learned that the OIC considered his assistance to Thusitha as an attempt to blur his reputation.
On 21 June, 2012, while the OIC was visiting a nearby house, he threatened Pramesh saying that he was doing wrong things and told him to be careful. The OIC further threatened Pramesh that if he continued to annoy him he would be surely jailed for possession of a bomb. The OIC also said that he would kill ‘Chutta’. (Here 'Chutta' refers to Pramesh as this was his nickname by the villagers who respected him).

Pramesh learned that the OIC had mentioned to someone that he was getting ready to illegally arrest Pramesh and wanted to produce him before a Magistrate falsely accusing him for illegal possession of fire arms.
On 12, September, 2012, P.A. Pradeep, Pramesh's his elder brother, was arrested and accused for breaching the peace by police officers attached to the Thambuththegama Police Station.
On 13 September, 2012, he was taken to court and remanded into custody under several other charges which he vehemently denied and complained that the officers illegally arrested, detained and falsely prosecuted him to take revenge on Pramesh.
While all this was taking place, Pramesh and his other brother, Prasad, were threatened again that they would be taken into custody and charged with possession of arms or drugs. One of Pramesh’s friends, Laleendra, was told by OIC that it was useless for Chutta to go before trial because he intended to break his legs and arms.
On several occasions callers who identified themselves as police officers attached to the Thambuththegama Police Station constantly called Pramesh and warned him that if he did not withdraw the case filed by Thusitha against the police officers they would take serous action against him. They further informed him that if he followed their orders the threats from the OIC would cease.
Pramesh states that there is a imminent threat of illegal arrest and detention and torture by the police officers attached to the Thambuththegama Police Station. He further states that there is an imminent threat to his life by the same police officers. He believes that the police are taking this action as he helped his friend to get legal redress for his rights violation under provisions of the constitution of the country. Pramesh states that he has never committed any crime and presently he is in fear of being subjected to illegal prosecution by the police officers.
e has complained to the Human Rights Commission of Sri Lanka (HRCSL), Inspector General of Police (IGP), Assistant Superintendent of Police (ASP), Senior Superintendent of Police (SSP) of the area, the Officer in Charge of the Police Station of Thambuththegama and Attorney General (AG) seeking the justice for his rights violations. None of these authorities have not yet initiated any credible investigation in the incident. Pramesh appeals for justice.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.
The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.
SUGGESTED ACTION: Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of imminent threat of illegal arrest, illegal detention, torturing by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on this regard.

British diplomat briefed on demographic genocide taking place in Trincomalee

TamilNet[TamilNet, Tuesday, 20 November 2012, 23:43 GMT]
The leader of opposition in the Eastern Provincial Council (EPC), Mr Singaraveloo Thandayuthapani, a Tamil National Alliance (TNA) politician on Monday briefed the Deputy High Commissioner of UK Mr Robbie Bulloch, who was on an official visit to Trincomalee district. The TNA politician described the land appropriation by the Sri Lanka Army affecting Eezham Tamils in the district as a systematic and planned act of demographic genocide. 

The British Deputy High Commissioner during his tour in Trincomalee district also witnessed the plight of uprooted Eezham Tamils from Champoor villages. The people are now sheltered against their will at the so-called welfare camps in Moothoor East.

Champoor uprooted people are languishing in four camps in Kaddai-pa'richchaan, Ki'liveddi, Paddiththidal and Ma'nat-chaenai since April 2006.

During his one hour discussion with Mr Bulloch, the TNA politician, Mr Thandayuthapani, briefed the visiting diplomat on the extent of lands and paddy fields being appropriated from Eezham Tamils by the agencies of Colombo government. 

Mr Bulloch was also told how Buddhist viharas and stupas were being constructed replacing the existing Saiva koayils in the district. 

Mr Thanadayuthapani cited the latest move by the SL authorities to appropriate 3,000 acres of paddy fields belonging to Tamil farmers for the construction of a Buddhist Vihara at Thiriyaay.

In the meantime, the administration of several centuries old Kanniyaa hot wells has been handed over to a Buddhist monk. Earlier, the wells were under the control of Trincomalee Town and Gravets PS.

A Murukan Koayil in Ilankaith-thu'rai-mukaththuvaaram and Malai Neeliyamman Koayil in Kaladdi in Moothoor East have been converted as Buddhist holy places by Buddhist monks with the support of occupying Sri Lanka Army, the visiting British deputy high commissioner was told.

Paddy fields of Tamil farmers in Padukaadu and Muslim farmers in Muthalai-madu and Vavu'na-vil in Moothoor division have been appropriated by Sinhala farmers backed by the Sri Lankan military.

In Champoor area about 9600 acres covering four village level divisions with eight Saiva Koayils and four Tamil schools have been appropriated by the Colombo government under the guise of High Security Zone since the occupation of Champoor by the SL military in 2006. 

Around 1,400 acres of the appropriated lands have been allocated for the proposed Thermal Power Plant, which is to be constructed with the assistance of India and for the construction for the Special Economic Development Zone by the Colombo government. 

“The uprooted Tamil villagers are not allowed to resettle even in the remaining lands. They languish in camps as refugees without basic facilities. They are also denied their livelihood assistance such dry ration relief provided by the World Food Programme as they refused to accept alternate lands earmarked by the government for resettlement, ” the TNA delegation told the visiting diplomat, urging the British government to take action to provide relief to the suffering Eezham Tamils from Champoor.

Mr Bulloch also met the UPFA nominated Chief Minister Mr Najeeb Abdul Majeed.
Buddhist Stupas for Army to be built in all provinces
நிமலரூபனின் உயிà®°ுà®®் இன்à®±ில்லை உடலுà®®் இனியில்லை- பௌத்தம் à®®ீண்டுà®®் à®’à®°ுà®®ுà®±ை வெட்கித் தலைகுனிந்தது -குà®°ு



Sri Lankan President Mahinda Rajapaksa laid the foundation for a Buddhist Stupa dedicated to Sri Lankan Army soldiers in Anuradhapura earlier this week, the first of such religious monuments to be built across the country.

The Stupa in Anuradhapura will be built from 30 million bricks and 40,000 cement bags, with similar Stupas “giving due recognition to the memory of those War Heroes who defended the country from threat of separation”, being built in each of the provinces of the country.
Since May 2009, over 28 statues of the Buddha have also been constructed along the A9 highway, the main road leading into Jaffna.

Commenting on these statues and the forceful construction of Buddhist monuments in the North-East of the island, the Sunday Leader said,
“The comedy of this charade (what else can one call it?) is that these statues are placed in areas where little or no Buddhists reside."
"This has caused a stir amongst the local Tamil communities who whisper (yes they can still only whisper or speak of it in hushed tones too afraid to make public their protests) that this is just one more example of Sinhala chauvinism stamping on the cultural and religious sensitivities of the Tamil community.” 
“Alongside  statues there has also been a Dagoba built in the Mankulam town. What is striking is that the majority of these statues have been erected towards the North end of the roads beyond Vavuniya, an area that is strictly Tamil, having a 30 year history of conflict with Sinhala parties (i.e. the Sri Lankan Army). A Buddhist statue was erected in Kanakarayankulam, near a tank, causing the Tamil community of the area to voice resentment.”
See the full piece, entitled “Misguided Buddhist Zealots” here.

See our earlier posts:

‘Lotus Tower’ construction commences in the Buddhist kingdom (20 Jan 2012)

Only 49,000 to go (08 Jan 2012)




Sri Lanka's peace dividend appear to be waning - Moody's

Sat, Nov 17, 2012, 11:38 pm SL Time, ColomboPage News Desk, Sri Lanka.
Lankapage LogoNov 17, Colombo: Global credit rating agency, Moody's Investor Service says some aspects of Sri Lanka's 'peace dividend' appear to be waning, namely, the reductions in inflation and in government funding costs.
The rating agency says the outlook for Sri Lanka's B1 rating is positive, but it depends on the effective management of macroeconomic challenges.
Although Sri Lanka's strong growth trend supports the rating, the economy has faced a number of challenges over the past year, according to a release issued yesterday by the Agency.
According to a new Moody's report titled, "Credit Analysis: Sri Lanka" the B1 rating reflects low Sovereign Bond Methodology scores for economic and government financial strengths, moderate for institutional strength and susceptibility to risks from financial, economic, and political events.
GDP growth rose to 8% in 2010 and 8.3% in 2011, following the end of the civil conflict in May 2009 but for 2012 it is projected to be around 6.8%.
"Therefore, sustaining strong growth and price stability will entail steady and effective macroeconomic management and further improvement in the investment environment," the report suggests.
Developments in the country's balance of payments position will be central to the rating outlook, the investor service noted.
According to Moody's the policies implemented by the government earlier this year have limited downward pressures on the external accounts which emerged in late 2011.
"While reserves have stabilized recently, a slowdown in exports suggests that Sri Lanka's vulnerability to external risks has not significantly receded," the statement said.
Renewal of the International Monetary Fund's stand-by agreement with Sri Lanka, which ended earlier this year, would be positive for the country's external payments position, although the prospects and size of a fresh loan are uncertain, it said.
Fiscal space and flexibility are limited by Sri Lanka's high government debt and refinancing needs, the rating agency points out.
However, the government's goal to reduce the budget deficit to 5.8% in 2013 from a 6.2% targeted for this year underscores the government's commitment to and success in fiscal consolidation, the agency says.
The rating agency notes that the continued progress in the reconciliation with the Tamil minority would ensure social stability and boost economic growth in the Sri Lankan economy.
"However, Sri Lanka's 'moderate' susceptibility to event risk reflects latent political risks in a country which only recently emerged from a long civil war," the agency said.

Sri Lankan president presents austerity budget

By Saman Gunadasa 
21 November 2012
Sri Lankan president and finance minister Mahinda Rajapakse presented the 2013 budget to parliament on November 8, in line with the demands of the International Monetary Fund (IMF). The austerity budget will further undermine the living standards of working people, who already have been hit by rising prices and an effective wage freeze since 2006.
The budget provided only a pittance for public sector workers—a monthly allowance, not a wage rise, of just 750 rupees, or 20 US cents a day, from next January, and another 750 rupees from mid-year. The amount is about 10 times less than workers have been demanding to compensate for cost-of-living increases. No mention was made of the country’s eight million private sector employees, who include plantation workers, the largest section of the working class.
Rajapakse promised to alleviate poverty by 2015, but this is a cynical lie. Two weeks before the budget, the price of a kilogram of wheat flour was raised by 6 rupees, triggering price rises for bread and other flour products widely used by working-class families as a staple. Under the guise of protecting local producers, the government is heavily taxing a range of essential items, including maize, onions, potatoes and dairy products.
Other tax increases included a 25 percent tax on imported liquor and a 10-20 percent tax increase on the annual licence for motor vehicles, the Nation Building Tax and Value Added Tax (VAT) for purchases in supermarkets. The excise duty on motor vehicles, including tractors, three-wheelers and motor bikes, will also rise.
The wealth and luxuries of the super-rich have not been touched. In fact, a 300 percent tax on racing cars was removed. The corporate tax rate, which previously had been reduced to 28 percent, was left untouched. Rajapakse also liberalised the exchange controls for banks and corporations to obtain foreign funds.
Just before the budget, the finance ministry lifted restrictions on the investment of private pensions, as well as provident, gratuity, trust and savings funds, in the share market. A three-year tax holiday has also been offered to the companies that were quoted with at least 20 percent of their equity in the stock market by the time of the budget.
The Colombo Stock Brokers Association declared it was “elated that the important and the urgent need to develop the capital market has been duly recognised by the Finance Minister.”
Rajapakse again increased funding for the defence and urban development ministry, which is run by his brother Gotabhaya Rajapakse, by 60 billion rupees to 290 billion rupees. This 26 percent increase will mainly go to strengthening the already extensive security apparatus, amid growing signs of resistance by workers to attacks on their living standards.
The president promised to increase spending on health and education, but this is unlikely to be realised. In his speech, he indicated that 154 and 125 billion rupees would be spent on education and health, but the appropriation bill presented in parliament last month allocated only 65 and 93 billion rupees respectively.
The tax rises are aimed at boosting revenue by about 20 percent, compared to last year, and reducing the budget deficit to 5.8 percent of gross domestic product in 2013 as per the IMF’s directives. Total revenue will be 1,257 billion rupees ($US9.6 billion) with an estimated expenditure of 1,785 billion rupees.
The government, which obtained an IMF loan of $2.6 billion in 2009, is now looking for further funds. Lanka Business Online reported that Sri Lanka had expressed interest “in having an on-going ‘surveillance’ program with the IMF” that could involve another $500 million in contingency funds.
However, in order to fund existing loan repayments, the government needs new loans of 1,303 billion rupees, or nearly $10 billion, in 2013. This is creating a vicious cycle, with public debt increasing by 24 percent to 6,161 billion rupees by the end of July 2012, compared to the same period last year. Sri Lanka is heavily dependent on loans from China, in particular.
The Sri Lankan economy has been shaken by the slump in Europe, the US and Japan, which is also causing a slowdown in many Asian economies. The island’s growth rate is expected to drop from 8.3 percent last year to 6.5 percent this year. Exports in September, dropped by about 7 percent compared to last year. Garments, the country’s top export, dropped by around 9 percent and rubber products by nearly 20 percent.
Imports also fell by 25 percent in September, compared to last year, as the government increased import taxes for items such as vehicles and allowed the rupee to depreciate in a bid to curb an escalating balance of payment crisis.
Rajapakse provided limited assistance to farmers and small businesses in a bid to shore up a social base for his government. He cut the tax rate to 10 percent for small and medium enterprises with an annual turnover of less than 500 million rupees. He also proposed some financial assistance for replanting small tea, rubber and coconut plantations.
With a drought affecting many farmers, the government has requested banks to suspend interest payments and delay loan recoveries until the end of the next cultivation season. Rajapakse also increased the guaranteed price for paddy rice from 30 rupees this season to 35 rupees next season. The government-guaranteed prices provide little help for farmers, as more than 90 percent of the harvest is sold to private buyers at lower prices. Farmers are being squeezed by escalating prices for farm inputs and low prices for their crops.
The corporate sector hailed the budget as business friendly. The Ceylon Chamber of Commerce commented: “Notwithstanding the difficult macroeconomic environment, we appreciate the efforts of the government to continue with the tax reforms.”
The main opposition parties are seeking to exploit mass resentment and anger over the budget. Several United National Party (UNP) parliamentarians denounced it as being for the super-rich. The right-wing UNP, however, is notorious as the party of big business. It initiated pro-market restructuring in the late 1970s and consistently brought down budgets oriented to the corporate elite and foreign investors.
Janatha Vimukthi Peramuna (JVP) parliamentarian Anura Kumara Dissanayake declared that the budget had dashed the hopes of workers. The JVP and its trade unions, however, have been instrumental in blocking any political fight by the working class against the Rajapakse government. In 2004, the JVP was part of a coalition government with Rajapakse’s Sri Lanka Freedom Party that implemented the IMF’s restructuring demands.
The budget underlines the deepening crisis of the Rajapakse government, which confronts growing opposition from workers as it is compelled to enforce the dictates of the IMF and international finance capital.