Rajapakse, an enemy of all mankind, filed U.S. Court papers say

[TamilNet, Saturday, 01 October 2011, 17:07 GMT]
In a potential precedent setting motion filed in the U.S. District Court of District of Columbia, Bruce Fein, attorney for three Tamil plaintiffs, requested Judge Colleen Kollar-Kotelly, to authorize issuing summons through latest electronic social networks and local papers to the defendant, Sri Lanka's sitting President, Mahinda Rajapakse, forcing the defendant to answer war-crimes charges, paving the way for Court determination of civil claims of $30m, legal sources in Washington said. Arguing that Rajapakse is "hostis humani generis," an enemy of all mankind, the motion provides legal precedence to establish that Rajapakse's crimes fall under Universal Jurisdiction applicable under TVPA.

• U.S. Court: Filed motion for Alternate Service

Tamils Against Genocide (TAG), the US-based activist group which sponsored the case and has authority to advise the attorney on behalf of the plaintiffs, said, "this is a precedent setting phase forcing the court to determine if it agrees to allow service through social media including news papers on defendants who can duck traditional means of service under the veil of sovereignty.

Bruce Fein, former US Associate Deputy Attorney General

"If the court agrees, then Rajpakse's alleged crimes will undergo strict judicial scrutiny in US Courts. Channel-4 video, allegations in UN panel report, and other emerging evidence including those in "White flag" killings will likely be submitted to first determine if they will be legally admissible, and then to establish culpability of the defendant," TAG's spokesperson said.

A press release issued today marking the filing of the motion, said on the alternate service, "[b]asically, it [may mean] the President can be served via the Internet, Facebook and Twitter and email. The President can no longer claim he is unaware of the charges alleged against him.”

Recognizing that the court will not be willing to rule on the motion unless the Court is convinced that the court has personal jurisdiction over the defendant, the motion provides legal reasoning to establish that the forum has personal jurisdiction over Rajapakse. "The law treats the extrajudicial killings alleged in the complaint as universal wrongs against all of mankind that have been constructively perpetrated everywhere in the world, including in the District of Columbia," the motion says at the beginning of the argument.

As Hostii Humani Generis (“Hostii”), TVPA violators are subject to the doctrine of universal jurisdiction. The Senate Judiciary Committee report on the TVPA explicitly states that “[s]tates have the option, under international law, to decide whether they will allow a private right of action in their courts for violations of human rights that take place abroad,” and, “according to the doctrine of universal jurisdiction, the courts of all nations have jurisdiction over ‘offenses of universal interest.’”

Fein, noting that the legal fallouts of the case will have foreign policy implications for the U.S, told TamilNet, "[w]e have filed our motion for alternate service of the TVPA Complaint and Summons on President Rajapaksa. There is a substantial chance United States District Judge Colleen Kollar-Kotelly will solicit the views of the United States Department of State as to whether the suit should move forward.

"Accordingly, our supporters should begin immediately to lobby the Department and especially Secretary Clinton against interposing any opposition to our TVPA suit resting on extrajudicial killings constituting war crimes and flouting core standards of civilization. Members of Congress should also be lobbied to intercede with the State Department in our favor," Fein said.

The road north - Journeys in post-war Sri Lanka.

Himal    By Charles Haviland
 

Photo: Charles Haviland

The national flag of Sri Lanka fluttered in the breeze. Soldiers milled around. Omanthai looked like an international border. But in fact it was – and is – simply the key point for crossing into the north, the final theatre of the Sri Lankan war. It might just as well be known as the Forbidden Territory, so tightly has access to the north been controlled by the authorities since they vanquished the Tigers nearly two and a half years ago.
Before my arrival in Omanthai a few weeks ago, I had been living in Sri Lanka for well over two years, working as a foreign correspondent and trying to cover what was taking place in the country. But this was only my second chance to travel, independently, north of this crossing point. The first had been a flying visit to Jaffna, at a time of relative ferment just before the presidential election of January 2010. On that trip, the military politely escorted me and a few others from the Palali airstrip into town and then left us to our own devices.

‘Domestic politics shouldn’t be at Lanka’s expense’ Canada told at UNGA

September 30, 2011,

By Shamindra Ferdinando

The government has accused Canada of appeasing the Tamil vote bank at the expense of Sri Lanka as diplomatic relations between the two countries hit a new low.

Authoritative sources told The Island that Canadian Foreign Minister John Baird had targeted Sri Lanka at the UNGA in New York on Sept. 26 following an abortive Canadian initiative to formalize during the September HRC Sessions in Geneva "an interactive dialogue on the LLRC process in Sri Lanka at the March 2012 Session of the HRC."    Full Story>>>

Social networkers to subpoena Sri Lankan president for alleged war crimes?

Lawyers in $30 million war crimes suit ask judge to allow "summons by alternative means"

Jason OverdorfOctober 1, 2011 05:39

Two women hold a portrait of a casualty of war during a demonstration on September 19, 2011 at the UN's European headquarters in Geneva calling for a probe into alleged war crimes committed by Sri Lanka at the end of the country's brutal civil war against separatist Tamils in 2009. According to local police, around 1,000 protesters gathered in Geneva's iconic Place des Nations, to urge the Human Rights Council to investigate the killing of tens of thousands of civilians by Sri Lanka forces at the end of the country's brutal war against separatist Tamils in 2009. (FABRICE COFFRINI/AFP/Getty Images)

Social networkers and good old fashioned newspapers may have the unique opportunity to serve Sri Lankan President Mahinda Rajapaksa a summons to answer for his alleged role in extrajudicial killings during the civil war between government forces and Tamil insurgents.

According to a press release issued by Bruce Fein, the lawyer for the plaintiffs in a lawsuit seeking $30 million in damages from Rajapaksa for alleged offenses that occurred during his command responsibility as head of state and commander-in-chief of the armed forces, Fein has moved for permission to serve a summons to Rajapaksa by alternative means, such as publishing notices in newspapers circulated in Sri Lanka and social media.

“Basically, it [may mean] the President can be served via the Internet, Facebook and Twitter and email. The President can no longer claim he is unaware of the charges alleged against him,” the statement quoted Fein as saying.

The complaint holds Rajapaksa responsible for the alleged extrajudicial killings of Ragihar Manoharan, the son of Plaintiff Dr. Kasippillai Manoharan, Premas Anandarajah, a humanitarian aid worker for Action Against Hunger, and first husband of Plaintiff Kalaiselvi Lavan, and four members of the Tevarajah family, all relatives of Plaintiff Jeyakumar Aiyathurai, the statement said.

International human rights groups and advocates for press freedom will monitor the Sri Lankan media to track the publications which publish the summons and take note of any repercussions that media outlets or journalists may face for deciding to publish the complaint, the press release said.

“In 2010, Reporters Sans Frontiers ranked Sri Lanka as the fifth deadliest country for a reporter to work in," Fein said. "In the final phase of the war, 14 journalists were murdered or disappeared and dozens more had to flee the country or risk losing their lives.”

Until now all attempts to serve the summons on the president have been refused including those under the Hague Convention, but international pressure on the regime is mounting.

Only hours after President Rajapaksa addressed the UN General Assembly last week, Sri Lanka’s Deputy Permanent Representative to the UN, Major Shavendra Silva, was served on charges relating to war crimes by a U.S. Court.

After filing the motion, a Judge will rule if the summons can be served via press or petitioned electronic means. In the meantime, Sri Lankans along with millions of readers worldwide will be made aware for the first time of the detailed charges alleged against the President.

Peace for the World ! Your War Our Lives

‘Reject violence,’ jailed Tiger arms broker urges

Writing from prison in New York, Sathajhan Sarachandran

Satha Letter

Sri Lanka Tamil Issue Raised Again in Canadian Parliament!

[ TamilCanadian ] - [ Sep 30, 2011 16:46 GMT ]

Liberal Party member of Parliament for Scarborough—Agincourt, Hon. Jim Karygiannis and New Democratic Party member of parliament Ms. Rathika Sitsabaiesan representing Scarborough—Rouge River and requested the prime minister to urge the Commonwealth to revoke Sri Lanka's membership until it holds the war crime perpetrators to account and to urge the international community to take action against Sri Lanka.

Here is the transcript of the debate which was taken place on September 29th, Thursday – 2011 and answered by Minister of Foreign Affairs, Hon. John Baird .

Ms. Rathika Sitsabaiesan (Scarborough—Rouge River, NDP): 

Mr. Speaker, last night, I joined MPs from all parties in hosting a screening of the documentary, Sri Lanka's Killing Fields . It moved me, as it did everyone else there.

Sadly, Canada and the rest of the world has stood idly by for far too long. Human rights organizations around the world are calling upon the United Nations to launch an independent inquiry into the possibility of war crimes and crimes against humanity in Sri Lanka.

A Conservative MP helped sponsor the event last night. Will his government now stand in the House today and finally commit to fighting for justice for Sri Lankans and call for a United Nations inquiry?

Hon. John Baird (Minister of Foreign Affairs, CPC): 

Mr. Speaker, we did not sit idly by at the United Nations on Monday where I brought the plight of human rights violations to the floor of the General Assembly. The Prime Minister did not sit idly by when he expressed grave concern about attending a future summit of the Commonwealth in Colombo. We did not sit idly by when we spoke with the high commissioner to Sri Lanka and raised our concerns. I did not sit idly by last week when I met with the foreign minister of Sri Lanka to express our significant concerns.

We have not sat idly by. We will continue to stand up, do the right thing and fight for human rights around the world, especially in Sri Lanka.

Source:Parliament Debate

Screening of "Sri Lanka's Killing Fields":

Courtesy: TamilCanadian
Published on: Sep 30, 2011 16:46 GMT

The Channel 4 TV trail promoting Sri Lanka's Killing Fields

Video

Anger in Dompe over 'police murder'

The victim's father has passed away after the death in police custody Nearly thousand people in Dompe, Gampaha have thrown stones and set fire to a police station and police vehicles after a young man arrested by the police was found dead on Friday morning. Six policemen have sustained injuries in the attack. GA Gayan, 27, a father-of-one, was arrested by Dompe police on suspicion of a robbery on Thursday. Parents and relatives of the victim accuse the police of beating him to death in custody. Rejecting the accusation, the police say the suspect fell off the jeep while he was taken to a place where he has hidden stolen goods. He died as a result of the injuries sustained as a result of jumping off the moving vehicle, they say.

Father dies

Having heard the death of his young son, the father of the victim has suffered a heart attack and died in Gampaha hospital on Friday.

This is not unusual. This is only another such incident   Police spokesman, SSP Maxi Proctor

Police spokesman, SSP Maxi Proctor told BBC Sandeshaya that it is a normal occurance during a routine police investigation, "this type of incident can happen anywhere in the world."

Police Special Task Force, together with the army, have been deployed to establish law and order in the area, he added.

"This is not unusual. This is only another such incident".

Police Criminal Investigation Division is continuing investigations under the instructions of the Inspector General of Police (IGP).

In recent months, there have been many similar incidents in which suspects have died in police custody.

The previous IGP, Mahinda Balasuriya, resigned after a worker at Katunayake Free Trade Zone died as a result of police shooting on protesting workers.

Sri Lanka 'defeated conspiracy at UN'

30 September, 2011

Minister warns of further attempts against Sri Lanka at the next UNHRC session There has been a major international conspiracy against Sri Lanka at the recently concluded UNHRC session in Geneva, the country's delegation claims. Plantation Development Minister Mahinda Samarasinghe told journalists in Colombo that the delegation managed to thwart the conspiracy. The UN High Commissioner on Human Rights Navi Pillai, he said, tried to bring in the report of the UN expert panel to the UNHRC "through the back door." The government delegation also expressed regret over the conduct of the Canadian government representative who attempted to propose to the session that the expert panel report should be discussed by the UN rights body. Shavendra Silva Expressing serious concerns over Sri Lanka's human rights record, Canadian prime minister has said he would boycott 2013  Former AG says the Govt must protect Gen Shavendra Silva Full story>>>

The Unknown Killing Fields: Looking into the Sri Lankan Civil War

impactmagazine

Summary executions, bodies of raped women, and families hiding from bombs in hastily dug trenches. The images shown in a recent Channel Four documentary bring back memories of tragedies such as the killing fields in Cambodia and the genocide in former Yugoslavia. But these massacres occurred just two years ago in Sri Lanka, at the bloody end of a conflict that had been going on for more than twenty-five years. Despite suggestions from the United Nations, the Red Cross and Amnesty International that war crimes and crimes against humanity had possibly been committed, there has not been an international inquiry. Why is it that Sri Lanka does not seem to be able to keep the international community’s attention?       Full story>>>

SRI LANKA: Community rebirth in war-torn Mullaitivu

30 Sep 2011

30 Sep 2011 13:33

Source: Member // MAG (Mines Advisory Group)

Suresh is looking forward to helping his grandmother rebuild her home in Suthanthipuram village. [Photo: MAG Sri Lanka]

Suresh lost his right arm during the civil war. Both his parents and his sister were killed. But, despite his tragic misfortunes, the 12-year-old has an incredibly positive outlook.

Suresh was one of 2,140 internally displaced people (IDPs) who returned to Suthanthipuram village in June, after MAG released previously inaccessible land that had been contaminated with 69 anti-personnel landmines and 15 items ofunexploded ordnance (UXO). He told us he now hopes to study hard and get a good job to support his grandmother when he gets older.

“I am very happy to leave the IDP camp and go back home with my grandmother,” he said. “I can’t wait to go back to school and help my grandmother to rebuild our house.”

Suthanthipuram is located in the north-eastern corner of Mullaitivu District, in Puthukudiyiruppu Division – the final stronghold of the Liberation Tigers of Tamil Eelam (LTTE), and where the last stages of the conflict took place in May 2009.

Many of the 638 families who fled the fighting had been living in camps for two years and were coming back home for the first time.

As well as enabling a safe return to their houses, our work also meant that 600 wells, two schools, a hospital, five water tanks for irrigation purposes, five square kilometres of agricultural land and 20 small business premises were all available for the community.

One shop that is fully stocked and operational is the local co-operative. Run by the Government, these co-operatives play a crucial role in the immediate stages after resettlement, with community members given stamps to collect essential food items.

“We have now opened up our co-operative after MAG cleared the area,” said Sales Manager Jusuthas Jude. “And 170 families will benefit from this shop, so we are very thankful to MAG.”

A further 3,693 IDPs were able to resettle in Thevipuram and Vallipunam – two other towns in Puthukudiyiruppu – during the month of June.

Our Community Liaison staff provided safety briefings to all three returning communities, informing returnees of the location of hazardous areas, and what steps to take if they uncover landmines or UXO.

MAG thanks the following donors to its Sri Lanka programme: AusAID; Canadian International Development Agency (CIDA); The Kirby Laing Foundation; NVESD; Stichting Vluchteling; US Department of State’s Office of Weapons Removal and Abatement.

Canada, UK target SL on C’wealth front Prof. Peiris fumes over proposals targeting govt.

September 29, 2011

By Shamindra Ferdinando

The Sri Lankan government yesterday (29) alleged that a small but influential section of the Commonwealth was carrying out an anti-Sri Lankan campaign ahead of the forthcoming Commonwealth Heads of Government Meeting (CHOGM) in Perth, Western Australia.

President Mahinda Rajapaksa is scheduled to attend CHOGM 2011 in late October 2011.

External Affairs Minister Prof. G. L. Peiris, while expressing serious concern over the move, stated that a disgraceful attempt was being made to manipulate the Commonwealth to undermine a member state. Prof. Peiris criticised two sets of proposals prepared by the Commonwealth Ministerial Action Group (CMAG) and the Eminent Persons Group (EPG) on the revamping of the association. Prof. Peiris was flanked by MP Sajin Vass Gunawardena and Foreign Secretary Karunathilake Amunugama.
Read More ...

Canada lashes Sri Lanka, summit showdown looms

Thu Sep 29, 2011

1 of 1Full Size

OTTAWA (Reuters) - Canada publicly criticized Sri Lanka over its human rights record for the first time on Thursday, setting the scene for a confrontation at a major international summit next month.

Sri Lanka is under increasing Western pressure to probe allegations of war crimes and humanitarian law violations at the end of its war with Tamil Tiger separatists in 2009.

Canadian Foreign Minister John Baird said he had told his Sri Lankan counterpart of Ottawa's "concerns on the lack of accountability for the serious allegations of war crimes, the lack of reconciliation with the Tamil community and with events that have taken place since the end of the civil war".

A diplomatic clash looks likely when Canada and Sri Lanka come face to face in late October at a summit of the 54-member Commonwealth of former British colonies in the Australian city of Perth. Sri Lanka is due to host the summit in 2013.

Canadian Prime Minister Stephen Harper, speaking to ethnic media earlier this month, said he would boycott the 2013 event unless Sri Lanka improved its human rights record and would encourage other Commonwealth leaders to do the same.

"Canada will continue to speak loudly and clearly on behalf of human rights around the world, especially in Sri Lanka," Baird told the House of Commons.

Opposition legislator Jim Karygiannis went even further, asking Harper "to urge the Commonwealth to revoke Sri Lanka's membership until it holds the perpetrators to account and they are judged in international courts".

Sri Lanka's government says it is working hard on reconciliation and is waiting for a report by a national commission of inquiry on the war, due on November 15.

Amnesty International, which dismisses the commission as "fatally flawed", says between 10,000 and 20,000 civilians died in the final months of the 25-year civil war.

Sri Lanka says its troops used only necessary and lawful force and complains that the allegations of war crimes are biased and exaggerated.

(Reporting by David Ljunggren; editing by Peter Galloway)

Sri Lanka governor demolishes British heritage in Jaffna

[TamilNet, Thursday, 29 September 2011, 21:14 GMT]
Part of a landmark heritage complex at the Old Park in Jaffna, the residency buildings of the British Government Agents, dating back to the beginnings of British rule, was demolished overnight on Wednesday at the orders of the occupying Sri Lanka governor in Jaffna, Maj. Gen. G.A. Chandrasri, despite the SL Archaeology Department declaring it a heritage site, preventing any demolitions. The SL governor is already building a mansion for the occupying governors in that location at a cost of 100 million Rs, news sources in Jaffna said. Both SL President Rajapaksa and his governor give utmost importance to the symbolism in showing who are colonial masters now, by building a mansion for the SL president at the ‘King’s House’ inside the Dutch Fort and by building a governor’s mansion at the complex of the former British Residence.
On 2 September the SL Archaeology Department through a Gazette Notification has declared the location a heritage site and has ordered against any demolitions.

When demolition workers came to the site, the Sri Lanka Government Agent of Jaffna Ms. Imelda Sugumar informed relevant ministries and stopped the demolition for a while.

But during the night, the demolition squad of the Jaffna Municipality came again and razed down the structures to the foundation, leaving only a bathing tank called ‘Queen’s Bath’ that was part of the British residency.

The demolition work continued for the second day on Thursday and the tractors of the Municipality were engaged in removing the old building stones, Imelda Sugumar said.         
Full story >>

Returned asylum seekers detained by police

29 September, 2011

Police at Colombo airport had detained fifty deportees flown back to the country on Thursday after being expelled from Britain.

United Kingdom Border Agency chartered a flight to repatriate eight women and forty two men to Sri Lanka.

Most of them are ethnic Tamil asylum seekers.

Fear of detention

Colombo airport officials say the returnees were held by police for questioning.

In June, a group of twenty Sri Lankans were sent back from Britain in an earlier chartered flight.    Full Story>>>

Is Sri Lanka fatigue setting in? Geneva HRC meeting ends on a flat note

September 24, 2011, 5:26 pm 

By Kumar David

There was anticipation, and on the side of the government trepidation, that the Human Rights Council gathering in Geneva in mid-September would produce some fireworks. The outcome so far has been tame (writing on 20 September) though not without moments of theatre – for example HRC Commissioner Navi Pillay’s opening remarks that, "For three decades, not only has that country (Sri Lanka) suffered the brutal effects of terrorist acts, but the response of successive governments over the years has undermined independent institutions, human rights and the rule of law". However, the event that will have longer term significance is UNSG Ban Ki Moon forwarding the Darusman Report to the HR Commission, which means that every country on the Council is now formally in possession of the report. Of course the report is widely available on the Web and probably sits on the desk of the foreign service of every country, but Ban’s action has formalised the matter. This could facilitate the intentions of those interested in bringing it to the Security Council, the General Assembly, or a war crimes investigation, at a later date.         
  Full Story>>>
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War crime case against Lanka envoy

Headlines Today | September 25, 2011Sri Lanka's Defence Secretary Gotabhaya Rajapaksa says Colombo would use the case to highlight the LTTE "atrocities".
Read more >>>

Sri Lanka – Media smear campaign and death threats against human rights defender Sunanda Deshapriya following his participation in the UN Human Rights Council

Posted on 2011/09/29

Human rights defender Mr Sunanda Deshapriya was the target of a media smear campaign and death threats, following his participation in an event held at the UN headquarters in Geneva on 12 September 2011. State controlled media reportedly published an inaccurate account of the event following which calls were made to have Sunanda Deshapriya killed for betraying the Sri Lankan State.

                                               
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The death penalty in India

Oct 1st 2011 | CHENNAI         Cruel and unusual

Fatally flawed

The death penalty looks broken, but India dares not scrap it

ARPUTHAM AMMAL, a pensioner with curly silver hair and a wheezing cough, is an abolitionist. Perched in a gloomy warehouse in Chennai, capital of Tamil Nadu, as young men bustle over an 

exhibition against the death penalty, she explains why. “It is not needed. The ultimate victims of the death sentence are the backward, the minorities and the weak.”

  Full Story>>>

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Canadian Tamils weigh in on this year's Ontario General Election

Toronto - Canadian Tamils in the province of Ontario have been quite involved in the political process both at home and abroad. Tamils in Ontario have taken their voice to Queen's Park on many occasions. Now they weigh in on the provincial election.

Tamils have had their voices heard on the federal level and on the international stage. With one week to go until voters select the next government of Ontario, Tamils want to be listened to in the Ontario Legislature at Queen’s Park.

                                                                       Full Story>>>