Colombo 'enemy' of Tamils

2013-02-28 The All India Anna Dravida Munnetra Kazhagam (AIADMK) yesterday urged India, to change its Sri Lanka policy and branded Colombo as an 'enemy' of the Tamils. "It is time the Lanka-centric approach of the External Affairs Ministry is changed to a Tamil welfare-centric approach," AIADMK Leader, V. Maitreyan said in the Rajya Sabha. "As far as we Tamils are concerned, Sri Lanka is an enemy country, and it will remain so until justice is meted out to the Tamils," he said. He said there was "a general perception" that the Indian foreign ministry was run by diplomats "whose mindset needs to be changed." Maitreyan placed in the House a report by Human Rights Watch on sexual violence in Sri Lanka and a CD of a Channel 4 documentary on human rights abuses. He also submitted photographs of the 12-year-old son of the late Tamil Tigers Chief, Velupillai Prabhakaran, who is said to have been captured and shot dead in cold blood by the Sri Lankan military. Maitreyan alleged there was no accountability to the 'war crimes' committed in Sri Lanka during the final phase of the war that crushed the Tamil Tigers in May 2009. Echoing much of what Tamil Nadu Chief Minister, J. Jayalalithaa has stated earlier, the AIADMK MP insisted that Sri Lanka is in no position to probe the alleged 'war crimes.' "A country which does not have an independent Judiciary cannot investigate itself." He urged India to move a single-line resolution in the UN condemning the 'genocide' of Tamils in Sri Lanka and sought an economic embargo against Colombo. Maitreyan took a dig at the DMK, saying any amount of conferences and meetings with foreign diplomats in New Delhi on the Sri Lanka issue "will not wash away the sins of the past." His reference to the DMK's failure to put pressure on the Congress-led government to end the punishing Sri Lankan military offensive against the Tigers drew vocal condemnation from DMK members. "All that you have to do," Maitreyan said, looking at the DMK members, "is to force the UPA government to act, and to act firmly in Sri Lanka." A person attempted to abuse a girl was imprisoned. A suspected person was identified as convict of abusing a teenage girl, was imposed 6 months prison sentence and the court adjourned this  for 5 years. Kayts Magistrate Court R.S.Mahendraraja appeared to give verdict to this case which was taken yesterday Wednesday for hearing. This abuse attempt took place in year 2009. Alfred Douglas Fernando a resident of Pungudutheevu 12th division was arrested by police in regard to this accusation and was produced in courts and a case was filed by the police. Suspected person in courts confessed that he is innocent hence the case was continuing. Finally at the case investigations, the convict was identified. He was given verdict yesterday by courts. Accordingly 6 months prison sentence was given and court adjourned this for 5 years. During this period if the offender get involved to similar crime activities, will face prison charges was the order given by courts. Thursday , 28 February 2013

Sri Lanka: US ‘Procedural’ Resolution At UNHRC

By R. Hariharan -February 28, 2013 

Col. (retd) R.Hariharan

A U.S. draft resolution on Sri Lanka’s accountability for alleged war crimes being brought before the 24^th meeting of the United Nations Human Rights Council (UNHRC) now in circulation (received from an Indian TV news channel) is at Annexure. While it is not an official version, in this article I have analysed its contents in the belief it is probably the real one.

There is a feeling of déjà vu about the US draft. So far the reaction of the important players both for the U.S. move to bring a “procedural” resolution as a follow up to the UNHRC in March 2012 is almost the same as before. However, the protests were less shrill in Colombo (or is it too early for protests?) perhaps due to the realisation of the inevitability of karma catching up with inaction; or as we say in army “if it is inevitable better to grin and bear it.”

Would this indicate a change Sri Lanka’s attitude to dispassionately investigating the allegations? I doubt; in the present scheme of things ‘pigs will have to fly’ for it to happen. The reason is simple: the U.S. has given no indication that it is contemplating any new action but only follow up on what has been said before.

The draft resolution I have received is no threat to status quo but it is a little more elaborate in listing the things not done as promised by Sri Lanka. It neither proposes scaling up the degree of pressure on PresidentRajapaksa, nor contemplates any collective action against Sri Lanka for non compliance with the earlier resolution. It buys more time for President Rajapaksa to set the house in order. Its title “Promoting reconciliation and accountability in Sri Lanka” (the same as the March 2012 resolution) sets the tone of U.S. action. In no way it either intimidates or intrudes into Sri Lanka’s internal affairs.

In essence the draft expresses concern:

• At the continuing reports of violations of human rights in Sri Lanka, threats to judicial independence and the rule of law, and failure by the Government of Sri Lanka to fulfill its public commitments, including on devolution of political authority to provinces as called for in Sri Lanka’s constitution,
• That Sri Lanka’s National Action Plan does not adequately address all of the findings and constructive recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) report, including the need to credibly investigate widespread allegations of extra-judicial killings and enforced disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all and enact rule of law reforms.

Setting the future course for action it:

• Reiterates its call upon the Sri Lanka government to expeditiously implement the constructive recommendations made in the Lessons Learnt and Reconciliation Commission (LLRC) report and to take all necessary additional steps to fulfil its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability, and reconciliation for all Sri Lankans;
• Urges the Sri Lanka government to formally respond to outstanding requests, including by providing unfettered access, by special procedures mandate holders, in particular the Special Rapporteurs on independence of judges and lawyers; human rights defenders; freedom of expression; freedom of association and assembly; extrajudicial, summary or arbitrary executions; minority issues; and the Working Group on enforced or involuntary disappearances; and discrimination against women;
• It would like the UN High Commissioner for Human Rights in consultation and in concurrence with the Sri Lanka government provide advice and technical assistance on implementing the above-mentioned steps. It also requests the High Commissioner to present a report on assistance provided and progress on reconciliation and accountability, including investigations of violations of international law in Sri Lanka, in the 25^th session of the UNHRC.

So the U.S. draft is truly procedural to give a push to the unfinished issues raised in the March 2012 resolution and nothing more. As things are done in the UN forums, the draft treads the middle path and takes cognisance of progress made by Sri Lanka and what it should be doing. If Sri Lanka has lived with the earlier resolution, there is no reason for it to go on a tizzy now.

But Sri Lanka should be concerned that this draft is more damaging than the earlier one as it notes Sri Lanka’s growing list of actions lacking accountability a little more elaborately in comparison with the earlier resolution which was more generalised. It underlines the growing unhappiness of international community at Sri Lanka’s continued disregard not only for issues of internal governance and post war reconciliation, but for the larger issue of violations of international law as well. As war crimes are violations of international law, the draft provides the space for taking up recourse to international investigations into them.

Discussion in Indian parliament yesterday went on expected levels. Opposition parties particularly the AIADMK and the CPI went at the government at hammer and tongs for ignoring the war crimes and human rights violations in Sri Lanka, while DMK as usual wanted to prove they were the sole champions of Tamils the world over. The External Affairs Minister Mr. Salman Khurshid’s speech was pedestrian; he skirted the war crimes issue but expounded upon India’s determination to pursue the devolution issue and full implementation of the 13^th amendment.

It is indicative of India’s lack of new ideas turning its Sri Lanka policy into the realms of irrelevance. India still talks of implementing 13^th amendment when President Rajapaksa has consigned it to the constitutional morgue.

The U.S. draft is not going to exactly set either Kealaniya in Colombo or the Palk Strait on fire. It is only follow up on a resolution India has already voted. Considering this Mr Khurshid’s silence on Indian vote at the UNHRC was surprising. Only a few days back the Minister of State at PMO Mr Naryanaswamy categorically said India would be voting for the U.S. resolution. What is this, misinformation or confusion?

While it could be business as usual for all some stakeholders, Sri Lanka may not have that luxury.  Sri Lanka should take serious note of mounting protests around the world. Every action of the Sri Lanka government is now coming under close scrutiny and commented upon worldwide. This time the protests were better orchestrated and coordinated than before and involved Channel 4 video releases, release of INGO reports, civil society protests organised at important global capitals, protest organised by Tamil Diaspora organisations, and political lobbying in important capitals including New Delhi and Geneva.

It does not matter whether Sri Lanka calls it international conspiracy or global plot to destabilise it. Unless it changes its style it could get only worse.  The decibels raised against it will be shriller, the protests more massive, and embarrassments for Sri Lanka officials and government a little more frequent. It is a pity that a nation which rode the crest of victory over one of the most dreaded terrorist groups in the world three years back, has been brought to this pass.

*Col R Hariharan, a retired Military Intelligence specialist on South Asia, served with the Indian Peace Keeping Force in Sri Lanka as Head of Intelligence. He is associated with the Chennai Centre for China Studies and the South Asia Analysis Group. E-Mail: colhari@yahoo.com   Blog: www.colhariharan.org

Annexure

US Draft Resolution: Promoting Reconciliation and Accountability in Sri Lanka

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant instruments,

Recalling Human Rights Council Resolution 19/2 on Promoting Reconciliation and Accountability in Sri Lanka,

Reaffirming that it is the responsibility of the Government of Sri Lanka to ensure the full enjoyment of all human rights and fundamental freedoms of its entire population,

Taking note of the Government of Sri Lanka’s National Action Plan and its commitments as set forth in response to the findings and recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) of Sri Lanka,

Noting with concern that the National Action Plan does not adequately address all of the findings and constructive recommendations of the LLRC,

Recalling the constructive recommendations contained in the LLRC’s report, including the need to credibly investigate widespread allegations of extra-judicial killings and enforced disappearances, demilitarize the north of Sri Lanka, implement impartial land dispute resolution mechanisms, re-evaluate detention policies, strengthen formerly independent civil institutions, reach a political settlement on the devolution of power to the provinces, promote and protect the right of freedom of expression for all and enact rule of law reforms,

Also noting with concernthat the National Action Plan and the LLRC’s report do not adequately address serious allegations of violations of international law,

Expressing concern at the continuing reports of violations of human rights in Sri Lanka, threats to judicial independence and the rule of law, and failure by the Government of Sri Lanka to fulfill its public commitments, including on devolution of political authority to provinces as called for in Sri Lanka’s constitution,

1. Welcomes the report of the High Commissioner for Human Rights on the human rights situation in Sri Lanka;

2. Reiterates its call upon the Government of Sri Lanka to expeditiously implement the constructive recommendations made in the LLRC report and to take all necessary additional steps to fulfill its relevant legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability, and reconciliation for all Sri Lankans;

3. Urges the Government of Sri Lanka to formally respond to outstanding requests, including by providing unfettered access, by special procedures mandate holders, in particular the Special Rapporteurs on independence of judges and lawyers; human rights defenders; freedom of expression; freedom of association and assembly; extrajudicial, summary or arbitrary executions; minority issues; and the Working Group on enforced or involuntary disappearances; and discrimination against women;

4. Encourages the Office of the High Commissioner for Human Rights and relevant special procedures mandate holders to provide, in consultation with, and with the concurrence of, the Government of Sri Lanka, advice and technical assistance on implementing the above-mentioned steps;

5. Requests the Office of the High Commissioner for Human Rights, with input from relevant special procedures mandate holders, as appropriate, to present a report on the provision of such assistance and progress on reconciliation and accountability, including investigations of violations of international law, in Sri Lanka to the Human Rights Council at its twenty-fifth session.

Sri Lanka hits U.N. rights chief Pillay on abuse reports

U.N. High Commissioner for Human Rights Navi Pillay looks on before the 22nd session of the Human Rights Council at the United Nations in Geneva February 25, 2013.

Credit: Reuters/Denis Balibouse (SWITZERLAND - Tags: POLITICS HEADSHOT) - RTR3E9O5

By Robert Evans

GENEVA | Wed Feb 27, 2013 11:26am EST

(Reuters) - Sri Lanka accused the U.N. human rights chief on Wednesday of being biased against it for criticizing alleged killings of former Tamil Tiger independence fighters and political dissenters and journalists.

In a speech to the U.N. Human Rights Council, a senior official from Colombo also asserted that Western countries strongly critical of the country's record had fallen prey to lies spread by former members of the Tamil Tiger movement.

U.N. High Commissioner for Human Rights Navi Pillay, the official said, lacked "objectivity and impartiality" in reports to the council and her comments on Sri Lanka were based on "unsubstantiated evidence."

The official, presidential envoy on human rights Mahinda Samarasinghe, was speaking as the United States and European countries urged the 47-nation body to agree to instruct Sri Lanka to cease what they call rights abuses.

His sharp comments on Pillay, a former high court judge from South Africa, clearly reflected concern in Colombo - which is to host a summit of former British Commonwealth countries this year - at the prospect of fresh action by the council.

Non-governmental rights organizations, including a Geneva-based "rule of law" group, the International Commission of Jurists, are already campaigning for the 54-nation Commonwealth to cancel the high-profile gathering.

Last March the council, which is separate from Pillay's office, passed a resolution calling on Sri Lanka to ensure that government troops who committed war crimes near the end of the war against Tamil rebels were brought to justice.

That resolution was, like the latest now being prepared, brought by the United States and backed by a small majority of the council including India, Britain and other Commonwealth member countries as well as the 27-nation European Union.

THOUSANDS KILLED

Rights groups say the Sri Lankan military killed thousands of ethnic minority Tamil civilians in the shrinking territory held by rebels of the Liberation Tigers of Tamil Eelam just before their defeat in May 2009.

An expert panel set up by U.N. Secretary-General Ban Ki-moon found the army committed large-scale abuses and that as many as 40,000 civilians were killed in the last months of the conflict. Sri Lanka says these allegations are unfounded.

But focus on the country and the rule of its president, Mahinda Rajapaksa, has increased recently with its dismissal of its independent-minded chief justice and new allegations that Tiger boy soldiers were executed after the war.

U.N. officials including Pillay, who was also a judge of the International Criminal Court, also say there is strong evidence of recent abduction and killing of domestic critics of the government, including journalists.

But in his speech to the council, Samarasinghe said boy soldiers who fought for the rebels were "rehabilitated and reintegrated into society" under a policy which treated them as victims of the Tigers.

The controversy is expected to grow later this week when major campaign groups Amnesty International and Human Rights Watch show a film on the fringes of the council said to include evidence of the killing of the young son of a Tamil leader.

Sri Lanka's ambassador in Geneva has asked the council to stop the showing of the film, which he said was part of a campaign against his country based on "diabolical material," but there has been no sign that any such action will be taken.

(Reported by Robert Evans; Editing by Mark Heinrich)

Sri Lanka’s Massive War Crimes, Probably The biggest Bloodshed Of The 21st Century – Solheim

By Colombo Telegraph -February 28, 2013 

“There were massive war crimes in the last phase which were probably the biggest bloodshed of the twenty first century” said Erik Solheim.

He made above remark at the Global Tamil Forum conference yesterday. Erik Solheim was one of the key international speakers who participated at the Global Tamil Forum (GTF) third anniversary celebrations held at the Committee Room 14, Houses of Parliament in the UK yesterday.

Senior Minister of State at the Foreign and Commonwealth Office and former Conservative Party Chairman Baroness Warsi however referring to de-mining process, claimed progress had been made and international community could debate Sri Lanka’s achievement in Geneva.

UK MP and former Foreign Secretary, David Miliband urged the UK and other Common-wealth members to call for a change of venue for the Commonwealth Heads of Government Meeting (CHOGM) scheduled to be held in Colombo.

Stop The Hate Campaign Against Muslims

By Harim Peiris -February 28, 2013

Harim Peiris

The above was the anguished and rather alarming cry that emanated a few weeks ago from Cabinet Minister and Sri Lanka Muslim Congress leaderRauff Hakeem. That a minister, of justice at that and the leader of the preeminent Muslim political party had to make a plea for an end to ethno religious hate mongering in Sri Lanka was sobering enough. Coming as it does on the heels of a sustained and systematic low intensity civil assault on the Muslim community, that has included attacks on mosques and Muslim owned businesses is alarming. Sri Lanka is just emerging from nearly three decades of an ethnic based civil war and the signs are ominous that we seemed to have learned nothing from our past and are hell bent on starting a new conflict, this one an ethno religious conflict, with religion thrown into the toxic mix.

1. The hate campaign

The new campaign is spearheaded not overtly by political parties, but organizations led by religious leaders who seem to draw inspiration from the ruling alliance and seemingly have the complete backing on the ground of our politicized police force. It is led by an organization that certainly faces no opposition from the State, which subsequent to a high profile meeting with the nation’s head of state successfully pulled off a show of force in Maharagama, a week ago. Going according to reports, their meeting most closely resembled in rhetoric, atmosphere and attitude, the fascist rallies that swept parts of Europe before the start of the second world war, complete with attacks on ethno religious minorities for economic oppression of the majority, attacks on their family size (as if this is not a free choice available to all), their mode of dress and other social practices. Strangely reminiscent of exactly what the Nazi’s said of the Jews in the early part of the last century. Today it falls on the Muslims, the other descendants of Abraham, to face similar accusations in Sri Lanka.

2. The Hallal certification

The ostensible irritant is presented as the Hallal certification that informs Muslim community consumers that products are compliant with their dietary laws. In much the same way as a Rabbi in Colombo actually issues Kosher certificates for products that are exported to Israel and before we explode with anger, let us remember that Israeli (read Jewish) Kafir jet squadron contributed significantly to our war victory. What is wrong with Hallal certification or informing a certain community that products are compliant with their dietary requirement? Such a basic and inoffensive facility, on commercial terms should be available in any civilized society, especially one like ours which values its antiquity and a proud historical record of tolerance and plurality. Hallal certification should be nothing more than stating that a product is fat free or lactose free for consumers who are calorie conscious or allergic to lactose. If there is a fair trade issue, that matter should firstly be reported to the Consumer Affairs Authority or the Fair Trading Commission and in the event of unsatisfactory redress referred for judicial adjudication. It is certainly not an issue for mob violence and street (in) justice.

3. The Sri Lankan Muslims

The Sri Lankan Muslim Community, a religious and linguistic minority has been an ancient community in Sri Lanka, now predominating in the Eastern Province and also scattered throughout the country. An integral part of Sri Lanka’s cultural mosaic, they have contributed significantly to Sri Lanka’s national life. Led politically by secular and moderate leaders, during the ethnic war, they were hounded and brutalized by the Eelam Tigers, ethnically cleansed them from the North and murdered by the LTTE while at prayer in their mosques. Muslims have been an integral part of Sri Lanka’s war on terror against the LTTE, playing an active part in military intelligence and the long range reconnaissance patrols (LLRP)’s that operated deep behind LTTE lines, their native Tamil language capability an essential requirement for Sri Lanka’s counter intelligence and covert operations. More strategically though, Muslim nationalism, if one may call it that, has since the rise of Tamil militancy, generally sided with the Sri Lankan State and historically seen Tamil nationalism as a greater threat to its own rights and freedom, than Sinhala nationalism. It was a political judgment vindicated by the LTTE’s atrocities against the Muslim people. It is not in the interest of Sri Lanka’s that another minority, the Muslim community also become as alienated from the Sri Lankan State as the Tamil community has become.

Prior to the recent spate of attacks on Muslim mosques and businesses in Sinhala areas, it was the LTTE in pursuit of an ethnically pure Tamil Eelam that persecuted and harassed the Muslim community in the North and East and indeed the Sinhalese in the South. It would now be a great pity if the current crop of Sinhala ethno religious goon squads, in their pursuit of a ethnically pure Sinhala Eelam in the South (as opposed to a multi ethnic, multi religious pluralistic Sri Lanka) was to destroy the peace and create the tragedy of a new ethno religious conflict, to replace the ethnic based civil war we ended three years ago.

GTF conference reaffirms calls for investigation

Tamil Guardian 28 February 2013 The Global Tamil Forum hosted their 3rd anniversary conference at the British Houses of Parliament on Wednesday, which was attended by senior representatives from all three of Britain’s major political parties. The conference, held in the esteemed Palace of Westminster, was addressed by the Deputy Prime Minister and leader of the ruling coalition’s Liberal Democrats Party Nick Clegg and Chariman of the ruling Conservative Party Grant Shapps, as well as the leader of the opposition Labour Party Ed Miliband, who all reaffirmed calls for a credible investigation into allegations of human rights violations in Sri Lanka. Prime Minister David Cameron also sent his best wishes to the event, stating that “it is important that Sri Lanka properly investigates alleged breaches of humanitarian and international law and those responsible are held to account”. See his full statement here. Also addressing the event were several British Members of Parliament from across all three parties, as well as activists and the leader of the Tamil National Alliance R Sampanthan. Film director Callum Macrae played excerpts from his new documentary “No Fire Zone: Sri Lanka’s Killing Fields”, which Deputy Prime Minister Nick Clegg paid tribute to, saying the film left him “reeling” as well as “shocked, distressed and moved”. He went on to call for a “proper thorough credible investigation” into allegations of war crimes and praised Britain’s Tamil community for their “immense contribution”, saying, “Thank you for everything you do”. Leader of the Labour Party Ed Miliband also praised the British Tamil community stating they were “part of what makes Great Britain”. Stating that all three major parties had come to address the event, he went on to note that the “debate is moving to an all party view that action needs to be taken” on Sri Lanka and that the Labour Party was“determined to work for international independent investigation”. Sayeeda Warsi, Senior Minister of State at the British Foreign Office also called for'free and fair elections for Northern Province in September with international observers', in her address to the conference and said the "British government has consistently called for an independent and thorough investigation". Another frequently visited topic was that of the upcoming Commonwealth Heads Of Government Meeting due to be held in Sri Lanka, with several British MP’s calling for the government not to attend. Warsi, however, told the audience that “as the UK has repeatedly said we have not yet decided on the level on any attendance”. The TNA leader R Sampanthan also addressed the event, detailing a history of post-independence Sri Lanka and said the state thought it could "conceal itself behind a cloak of sovereignity".  Also addressing the event were representatives from the African National Congress, the Royal Commonwealth Society, Amnesty International and Human Rights Watch amongst many others. Tamil Guardian was covering the day live through our Twitter feed. See our Twitter page here for full coverage of the day. Selected tweets have been republished below.-Full Story>>> The leader of the TNA Tamil Guardian 28 February 2013 Tamil Guardian caught up with the leader of the Tamil National Alliance, R Sampanthan, at the sidelines of the Global Tamil Forum's 3rd anniversary conference in London. Find TNA MP Suresh Premachandran's comments here: TNA will not wait 'forever' on S Africa initiative Tamil Guardian 28 February 2013 TNA MP Suresh Premachandran has stated that the Tamil National Alliance would not be waiting "forever" to pursue the South African initiative of talks between the Tamil party and the Sri Lankan government, stating that pre-conditions for talks had already been laid out. Speaking to the Tamil Guardian, Premachandran said, "They (Sri Lanka) want to use (it) to show to the world that the Sri Lankan government and the Tamil people, we are discussing matters. That's what they want to do, but we told these things very clearly to the South African government, this is what the government is doing." "This will be within a time frame matter. We don't want to give a free open space to continue forever. Maybe it will take place within a short period of time. That's what we told them already. "We told them this must be outside of Sri Lanka and there must be international observers to these talks. And there must be a proper facilitation from them and these must be continuous talks. All these things were told by us to them. So if they agree to all these things only, then the talks will take place, otherwise there won’t be anything. We hope, I don’t know whether the Sri Lankan government will accept all these pre-conditions or demands, or however you call." Premachandran went on to say, "If that happens, of course there will be talks about talks. And on that time we will take up the militarisation, Sinhalisation, the political prisoners matters, various other day to day problems that must be take place (in the) first.Without resolving those things it will be very difficult to go ahead with other things, because the people will ask us “What is happeneing? You people are talking to the government but these things are still going on?”

Exclusive: Full Text Of The QC Geoffrey Robertson’s 100 Points Report – CJ Shirani Is Innocent Of The Misconduct Charges

By Colombo Telegraph -February 28, 2013 

A report by Geoffrey Robertson QC published yesterday by the Bar Human Rights Committee of England and Wales (BHRC) concludes that the Chief Justice of Sri Lanka was innocent of the misconduct charges which brought about her removal from office last month, which was in reality a reprisal for her “careful and correct” decision in a case where she had ruled against the government. The report calls for the UK to subject the seven Sri Lankan cabinet ministers who convicted her, and 117 government MPs who signed a “false and fabricated” impeachment motion, to be refused entry visas and to have their bank accounts in Britain frozen. It wants Sri Lanka suspended from the Commonwealth, and urges the Queen not to attend the November Heads of Government meeting (CHOGM), scheduled for Colombo.

Geoffrey Robertson QC

The Report, by eminent human rights lawyer Geoffrey Robertson QC, who was the First President of the UN Court in Sierra Leone and a ‘distinguished jurist’ member of the UN Internal Justice Council which disciplines UN judges, concludes that Mrs Bandaranayake, Sri Lanka’s first woman judge, was forced out because her “careful and conscientious” rulings had displeased the government and the family of PresidentRajapaksa. Mr Robertson’s report analyses the charges against her and says that they are not based on evidence and that some of the allegations  – such as the use of her title in bank statements – could not conceivably amount to ‘misconduct’. He accuses the government of further subverting the independence of judges by organising its supporters to demonstrate against her with abusive slogans and by paying for firework displays and other celebrations of her dismissal.

Mr Robertson says that the most basic rights of a defendant were denied by a “Star Chamber” of seven government ministers who put her on a secret trial. They were all biased against her because of a judgement she had given against the government, and they refused to allow entry not only to the public but to distinguished international observers. They gave her no time to prepare a defence and told her there were no witnesses to be called when this was not the position. As soon as she withdrew they called sixteen, whom she was thus prevented from cross-examining.

Mr Robertson concludes that:

“Sri Lankan political leaders treated the head of their judiciary as if she were public enemy number one, abusing the democratic process to put her through an unfair trial as punishment for doing her constitutional duty and then celebrating her unjust removal with feasting and fireworks.”

He recommended that the 117 MPs who signed the impeachment motion, and the 7 government ministers who convicted her, should all be subject to international measures now available for use against human rights violators, called the “Magnitsky Act”. This is the law that President Obama drafted last December (and which caused President Putin in reprisal to ban US adoption of Russian babies!). Mr Robertson says:

“the Magnitsky Act is a new tool to name, shame and actually punish those human rights violators who fall within the class of “train drivers to Auschwitz” – they do not order an atrocity, but it would not have happened without their help. These 117 tame MPs started the impeachment process by making false accusations against the Chief Justice. Some are likely to want to visit the UK, other have funds in UK banks. All democracies should act to protect judicial independence as a core value, and there should be a stigma attached to those that have destroyed it in Sri Lanka.”

Mr Robertson also said

“Given the blatant breach of the rule of law, for which the government purports to stand it would make a mockery of the Commonwealth as an organisation if it permits the Rajapaske government to showcase its destruction of judicial independence by presiding over CHOGM.”

He said the UK should ensure that the Queen did not attend, her presence in Colombo “would provide a royal seal of approval for the propaganda interests of President Rajapaske”.

Covering Letter by Kirsty Brimelow Q.C. - Chair, Bar Human Right Committee

The Bar Human Rights Council of England and Wales (BHRC) has been gravely concerned about the impeachment of the Chief Justice of Sri Lanka and has recognised the need for an objective account and analysis of the proceedings leading up to her removal.

When the Sri Lankan government refused entry to an International Bar Association fact-finding mission led by a former Chief Justice of India, the BHRC invited distinguished international jurist, Geoffrey Robertson QC, to undertake that task.

His report is an authoritative and devastating indictment of those government ministers and Members of Parliaments who set out to destroy judicial independence by removing a judge whose decision, on a constitutional case was conscientious and correct, but nonetheless had displeased the President and his government.

The BHRC believes that this report will have a lasting impact. It is a fair, objective and expert study of the evidence and procedures used to effect the removal of the Chief Justice.  It is, further, and more generally, a clear authority on the appropriate procedures for putting judges on trial for allegations of misconduct in any circumstance.  .

Geoffrey  Robertson Q.C. brings to his report, which he has undertaken pro bono on behalf of the BHRC, his experience as First President of the UN Court in Sierra Leone and his service as a ‘distinguished jurist’ member of the UN Justice Council, responsible for selecting and disciplining UN judges. He was counsel inRees v Crane (1993), the leading Privy Council authority on judicial removal, and defended the Chief Justice of Trinidad and Tobago at his impeachment proceedings in 2007.

No one who reads this report can put it down without thinking that something must be done to hold accountable those politicians who have acted to remove a Chief Justice simply because of her insistence that she remain independent of government.

Furthermore, the BHRC notes that in light of this report, it is now beyond doubt that the government of Sri Lanka has breached the Latimer House Principles. In these circumstances, Sri Lanka should not be permitted to hold the Commonwealth Head of Government meeting scheduled for Colombo in November 2013.

We believe the Robertson Report confirms that the removal of the Mrs Bandaranayke was a contrived attack on the independence of the judiciary. The BHRC hopes that, armed with this information, responsible organs of the UK Parliament, and of the Commonwealth, and Bar Associations throughout the world, will be step up to their international responsibilities and take appropriate action.

Kirsty Brimelow Q.C.

Chair, Bar Human Right Committee

REPORT ON THE IMPEACHMENT OF SRI LANKA’S CHIEF JUSTICE

Conducted for the Human Rights Committee of the Bar of England and Wales by

GEOFFREY ROBERTSON QC

CONTENTS--Read More

Boycott Sri Lanka, Robertson urges

Falling out ... President Mahinda Rajapakse with Shirani Bandaranayake in May 2011, soon after she was appointed as Sri Lanka's first woman chief justice. Photo: AFP

February 28, 2013

LONDON: The prominent barrister Geoffrey Robertson wants Australia and other commonwealth countries to boycott a leaders' meeting in the Sri Lankan capital Colombo to protest against the impeachment of the nation's chief justice.

The Australian lawyer also wants the Queen to steer clear of November's Commonwealth Heads of Government Meeting after Shirani Bandaranayake was declared guilty of misconduct seven weeks ago.

No-shows by powerful nations would signal the unacceptability of their behaviour.

"Governments which respect the rule of law should not attend," Mr Robertson states in a written report for England's Bar Human Rights Committee.

Geoffrey Robertson ... Queen should not give seal of approval. Photo: James Brickwood

"Nor should the Queen or any royal family member provide a photo-opportunity for President Mahinda Rajapaksa.

"Royal seals of approval serve the propaganda interests of people like this and no-shows by powerful nations would signal the unacceptability of their behaviour."

Ms Bandaranayake, the first woman to hold Sri Lanka's highest judicial post, was sacked by Mr Rajapaksa two days after parliament voted to impeach her in January.

She had previously stalled a bill that sought to grant greater political and financial power to the president's youngest brother who is the economic development minister.

In his report, released in London on Wednesday, Mr Robertson argues the Sri Lankan government's treatment of the judge "undermines the rule of law to such an extent that the country which suffers it will suffer the loss of that independent power which is essential to make democracy work".

He says the attack on the independence of the judiciary is a "calamity" for Sri Lanka but also an international problem because it could be emulated elsewhere if allowed to pass without consequences.

Speaking at the report's launch, Mr Robertson said the "fabricated charges" against Ms Bandaranayake were heard by government ministers in a secret star chamber with witnesses bullied and browbeaten.

The QC wants the 117 MPs who voted for impeachment and the seven ministers who declared her guilty banned from visiting Britain and other Commonwealth countries. He also wants their foreign bank accounts frozen.

"These identifiable people are collectively responsible for an unlawful attack on the rule of law and unless made to suffer for it others will do the same dirty work," Mr Robertson writes.

AAP

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