SRI LANKA: Yet another man is killed by the police

June 27, 2012
ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 20 May 2012, M.D. Kalum Priyanath, a disabled labourer, went to a local temple to help a monk run an errand. At 12pm, as he was returning home, Mr. Priyanath was arrested by the police and taken to Welikanda Police Station. According to police officers, Mr. Priyanath was in possession of marijuana, and was found dead in his jail cell at 1pm as the result of a head injury caused by a fall. Mr. Priyanath’s relatives believe that Mr. Priyanath was severely tortured and killed by the police. Indeed, the report of a Judicial Medical Officer state that Mr. Priyanath’s body sustained bruises, swelling and severe bleeding to the back of his head. Despite the fact that the family has filed complaints with the Human Rights Commission of Sri Lanka (HRCSL), the Inspector General of Police (IGP), Senior Superintendent of Police (SSP), Assistanct Superintendent of Police (ASP) of the Polonnaruwa and to the National Police Commission (NPC,) each of these organizations have failed to initiate credible, impartial investigations into Mr. Priyanath’s death. This case is yet another illustration of the exceptional collapse of the rule of law in Sri Lanka.

CASE NARRATIVE: Read More... 

President gives green light to attack brother in law

Wednesday, 27 June 2012

President Mahinda Rajapaksa has asked the heads of two private media institutions to expose corruption and frauds of SriLankan Airlines Chairman Nishantha Wickremasinghe.

Nishantha is one of First Lady Shiranthi Rajapaksa’s brothers and she had blocked several attempts by the President to remove him from the post of SriLankan Airlines Chairman.

SriLankan Airlines Chairman’s house was recently burgled and he had told the police that 10,500 Sterling Pounds, US$ 11,500, a Rolex watch worth Rs. 4 million and other stuff amounting several millions of rupees that were in his possession had been robbed during the burglary.

The President has asked the media personnel to pose the question as to how he had kept such a large sum of foreign currency in violation of the laws. A senior journalist who have us this information said the President is looking at removing the SriLankan Airlines Chairman saying he had a lot of charges against him.

However, Nishantha Wickremasinghe who was managing several tea estates when Mahinda Rajapaksa assumed office as the President has now become a millionaire with the help of the First Lady.

His son, Dilshan Wickremasinghe has also become a key racketeer in the country with the help of the First Lady.

It was the First Lady who got Dilshan Wickremasinghe’s racketeer friend, Prabath Nanayakkara the sub contract of the Hambantota Port construction. However, during the 2005 Presidential election campaign, Namal Rajapaksa had banned Dilshan Wickremasinghe from entering Temple Trees saying he had not given sufficient monies for the campaign.

Although Dilshan was the local agent of the sub contractor who built the Hambantota Port, he was not invited for the opening ceremony of the port.

The President had distanced the First Lady from members of the Wickremasinghe family, but only Nishantha is in contact with her. It is learnt that the President would remove him from the post of SriLankan Airlines Chairman shortly.

SRI LANKA: The role of journalists on preventing torture

Contributors: Nilantha Ilangamuwa June 27, 2012

Full text of the speech delivered by Nilantha Ilangamuwa at the event jointly organised by the Asian Human Rights Commission and the University of Hong Kong on Freedom of Expression and torture prevention at the Foreign Correspondent's Club (FCC), Hong Kong. June 25, 2012

Understanding the role of journalists on preventing torture and protection of human rights in a suppressed society

Question: - Where is Prageeth Eknaligoda?
Answer: - Our current information is that Mr. Eknaligoda has taken refuge in a foreign country.
Place: The UN Committee against Torture (UNCAT), Geneva, November 2011

Question: - Where is Prageeth Eknaligoda?
Answer: - I don't know if he is alive or dead, only god would know if the information that I received about him is true. I don't think even the government knows where he lives.
Place: The Homagama (Colombo suburb) magistrates' court, June 2012

(Answers given on two different occasions, by Mr. Mohan Peiris, Former Attorney General of Sri Lanka, currently a legal adviser to President Rajapaksa, for an identical question).

Grief and sorrow is spreading far and wide. Our hearts and minds are continually screaming, and they cannot find a sustainable way to find stability – to achieve peace and harmony. The unavoidable reality is forcing us to witness the destruction of a society. And it is forcing us to question the so called electoral and democratic system that we had preserved through a long and acrimonious struggle. Our major collective achievements in terms of freedom have been hijacked and betraying by select families of the political elite, whose single-minded goal is little more than amassing personal benefits, while tactically dividing the country into pieces. Questions by radical political ideologists in the early 70's gave way to a brutal civil war that finally ended in mid-2009, and have resulted in depression and bitterness for the bottom social strata. What Sri Lanka went through was not just a war against the regime, but a collective expression of our depression at the ultimate breakdown and loss of hope in our lives, all due to blithering politics that neglected ordinary people. Nearly four decades of armed struggle has cost us more than 400,000 lives and consolidated government power in the hands of a few egocentric politicians, who attained enormous social control with the 18 amendments that now decorate our once honorable constitution.

A Brief Political Background

More on Sri Lanka

BTF Condemns Minister Ranawaka’s Threatening Statement Against Tamils

June 27, 2012

By Colombo Telegraph -

“The British Tamils Forum (BTF) strongly condemns the utterly irresponsible and threatening statement by Sri Lankan cabinet minister Champika Ranawaka inciting massacre of Tamils.” Says BTF.

One Mullivaikkal is enough. Don’t try to get 100 more” -Minister Champika Ranawaka

Issuing a statement BTF says “With no more forces to protect them the Tamil speaking people of the island are fearful of another massacre in the near future.  We therefore call upon the international community to be on the alert to protect the Tamil people against the Sri Lankan Sinhala state which is hell bent on ridding the island of all people of different cultural and religious believes to fulfill its dream of changing it into a mono-ethnic Sinhala/Buddhist country.”

Below we give the full satatement issued by The British Tamils Forum

The British Tamils Forum (BTF) strongly condemns the utterly irresponsible and threatening statement by Sri Lankan cabinet minister Champika Ranawaka inciting massacre of Tamils.

Addressing the media in Colombo, Power and Energy minister Champika Ranawaka, leader of Sinhala right wing Jathika Hela Urumaya (JHU) said, “One Mullivaikkal is enough. Don’t try to get 100 more”. Referring to a recent speech of the leader of the Tamil National Alliance (TNA), R.Sampanthan during the national convention of the Ilankai Tamil Arasu Kadchi (ITAK), the minister said “if Sambanthan is calling us to a fight, our nation [our race] will proudly accept the challenge”.

Mulliviakkal is the place in which more than 40,000 of innocent Tamil men women and children were massacred by the Sri Lankan State in 2009 and must be noted that over 146,000 people are still unaccounted for..  This genocidal massacre is remembered by the Tamil people world over as the Mullivaikal Remembrance in May.

JHU is lead by Buddhist monks and they are known for promoting Sinhala-Buddhist extremist ideology in the Island and key partners of the ruling Peoples alliance party led by President Mahinda Rajapaksa.

It is difficult to grasp how Jathika Hela Urumaya, a political entity comprised of Buddhist Monks, who presumably abide by a non-violent philosophy, can encourage and partake in the political violence against the Tamil people of Sri Lanka. Mr. Ranawaka’s threat of a “100 more Mullivaikkals” is acceptance of the fact that the GOSL carried out the massacre with the intent of killing the Tamils as part or whole. His nonchalant statement can perhaps be explained by examining the ideology of Anagaraka Dharmapala, a leading figure of Buddhism in the 20th century who held the view that Tamils and other non-Sinhalese people do not belong on the island.

It is undeniable that it is this ideology that dominates the policies and actions of the current government and which inevitably led to the massacre of Tamils in Sri Lanka.

The BTF sees this statement of the cabinet minister as a prelude to state sponsored massacres against the Tamil people  A speech by the leader of the TNA setting out the Tamil people’s right to self-determination in a democratic non-violent manner has been responded to by the cabinet minister inciting violence against the Tamil people.

A non-violent cry for equality and freedom from persecution is being met with incitement of violence by the Sri Lankan state.   This statement is not dissimilar to the statement by the then president J R Jayawardene which resulted in the anti-Tamils pogrom nearly 30 years ago; The Black July 1983, in which more than 3000 innocent Tamil men, women and children were massacred in their homes and on the streets in the south of the Island.

Just two weeks before the July 83 pogrom, President Jayawardene in an interview with a correspondent of a London Daily stated,  “I am not worried about the opinion of the Jaffna people now… Now we cannot think of them. Not about their lives or of their opinion about us… The more you put pressure in the North, the happier the Sinhala people will be here…really, if I starve the Tamils out, the Sinhala people will be happy”.

“In 14 minutes the blood of every Tamil in the country can be sacrificed to the land by us” said the then cabinet minister Gamini Dissanayake, soon after the 1983 riots

With the war now ended when people are hoping to return to a period without bloodshed the Cabinet minister is vying for the Tamil people’s blood by his racist and provocative speech. These statements from prominent Sinhala leaders clearly exhibit the systematic Structural Genocide agenda of the Sinhala extremist backed Sri Lankan state.

It was only two months ago, on 14th April 2012 many houses belonging to Tamil people were set ablaze and Tamil youth in the area beaten up by the Sri Lankan military, in Galle in the south of the island.  Refusal by a Tamil youth to address a Sinhala soldier in civvies as “Sir” was the trigger for this attack on the Tamil people.   On 20th April 2012 a Sinhala mob led by Buddhist monks firebombed a Mosque in Dambulla and threatened Muslim and Tamil people who had lived in the area for centuries to vacate the place claiming that it was a Buddhist sacred zone.

The Tamil and Muslim people are living on a knife edge, extremely fearful of the island returning to the repeated pogroms against them as in 1958, 1961, 1963, 1977, 1981 and 1983.  These state sponsored pogroms against the Tamil people resulted in an armed resistance movement, which had been a major factor in the lull of such attacks in the past 30 years.

With no more forces to protect them the Tamil speaking people of the island are fearful of another massacre in the near future.  We therefore call upon the international community to be on the alert to protect the Tamil people against the Sri Lankan Sinhala state which is hell bent on ridding the island of all people of different 

A Cruel and Unusual Record

By JIMMY CARTER   June 24, 2012

THE United States is abandoning its role as the global champion of human rights.

Revelations that top officials are targeting people to be assassinated abroad, including American citizens, are only the most recent, disturbing proof of how far our nation’s violation of human rights has extended. This development began after the terrorist attacks of Sept. 11, 2001, and has been sanctioned and escalated by bipartisan executive and legislative actions, without dissent from the general public. As a result, our country can no longer speak with moral authority on these critical issues.

While the country has made mistakes in the past, the widespread abuse of human rights over the last decade has been a dramatic change from the past. With leadership from the United States, the Universal Declaration of Human Rights was adopted in 1948 as “the foundation of freedom, justice and peace in the world.” This was a bold and clear commitment that power would no longer serve as a cover to oppress or injure people, and it established equal rights of all people to life, liberty, security of person, equal protection of the law and freedom from torture, arbitrary detention or forced exile.

The declaration has been invoked by human rights activists and the international community to replace most of the world’s dictatorships with democracies and to promote the rule of law in domestic and global affairs. It is disturbing that, instead of strengthening these principles, our government’s counterterrorism policies are now clearly violating at least 10 of the declaration’s 30 articles, including the prohibition against “cruel, inhuman or degrading treatment or punishment.”

Recent legislation has made legal the president’s right to detain a person indefinitely on suspicion of affiliation with terrorist organizations or “associated forces,” a broad, vague power that can be abused without meaningful oversight from the courts or Congress (the law is currently being blocked by a federal judge). This law violates the right to freedom of expression and to be presumed innocent until proved guilty, two other rights enshrined in the declaration.

In addition to American citizens’ being targeted for assassination or indefinite detention, recent laws have canceled the restraints in the Foreign Intelligence Surveillance Act of 1978 to allow unprecedented violations of our rights to privacy through warrantless wiretapping and government mining of our electronic communications. Popular state laws permit detaining individuals because of their appearance, where they worship or with whom they associate.

Despite an arbitrary rule that any man killed by drones is declared an enemy terrorist, the death of nearby innocent women and children is accepted as inevitable. After more than 30 airstrikes on civilian homes this year in Afghanistan, President Hamid Karzai has demanded that such attacks end, but the practice continues in areas of Pakistan, Somalia and Yemen that are not in any war zone. We don’t know how many hundreds of innocent civilians have been killed in these attacks, each one approved by the highest authorities in Washington. This would have been unthinkable in previous times.

These policies clearly affect American foreign policy. Top intelligence and military officials, as well as rights defenders in targeted areas, affirm that the great escalation in drone attacks has turned aggrieved families toward terrorist organizations, aroused civilian populations against us and permitted repressive governments to cite such actions to justify their own despotic behavior.

Meanwhile, the detention facility at Guantánamo Bay, Cuba, now houses 169 prisoners. About half have been cleared for release, yet have little prospect of ever obtaining their freedom. American authorities have revealed that, in order to obtain confessions, some of the few being tried (only in military courts) have been tortured by waterboarding more than 100 times or intimidated with semiautomatic weapons, power drills or threats to sexually assault their mothers. Astoundingly, these facts cannot be used as a defense by the accused, because the government claims they occurred under the cover of “national security.” Most of the other prisoners have no prospect of ever being charged or tried either.

At a time when popular revolutions are sweeping the globe, the United States should be strengthening, not weakening, basic rules of law and principles of justice enumerated in the Universal Declaration of Human Rights. But instead of making the world safer, America’s violation of international human rights abets our enemies and alienates our friends.

As concerned citizens, we must persuade Washington to reverse course and regain moral leadership according to international human rights norms that we had officially adopted as our own and cherished throughout the years.

Jimmy Carter, the 39th president, is the founder of the Carter Center and the recipient of the 2002 Nobel Peace Prize.

SRI LANKA (BAN/NAMBIAR EXCEPTED) CONTEMPTUOUS OF THE UNHRC THREATENS TAMILS WITH MORE MULLIVAYKKAL M

by Vssubramaniam    June 26, 2012

The Rajapakses’ impunity now extends to obstructing with threats the implementation of the key ‘reconciliation’ components in the LLRC report that the UNHRC adopted in March 2012. The Tamils are being warned against supporting any devolution package be it the Delhi sponsored 13 Amendment plus or any other. Given the Rajapakses’ track record in deception the desperate plea of the Tamils to the International Community (IC) and UN agencies is to act/intervene swiftly and firmly to avoid far more severe turmoils than the Mullivaykkal massacres should SL embark on Chanpika’s massacre threat.  

The 1974 agreement between India and Sri Lanka (SL) signed in 1974 that supposedly ceded Kachchativu enjoys a treaty status. Likewise the Indo-SL Accord signed by India and SL in 1987 incorporating the 13 Amendment also has a treaty status.  SL is reneging on the enforceable 13 Amendment Accord threatening the Tamils with many more Mulivaykkal massacres if they supported Delhi on the 13 Amendment as a devolution measure.  In an affront to India this act amounts to SL abrogating the 1987 Indo-SL Accord. More importantly the critical ‘in the loop’ support that Delhi extended to SL that delivered SL victory against the Tamil insurgency (or LTTE) was on condition that SL implements the Accord. The Rajapakses may gloat that by reneging on the Accord/13 Amendment SL is retaliating for Delhi voting against SL on the UNHRC March 2012 resolution. The 13 Amendment devolution proposals also featured in discussions with other IC players both in pre- and post May 2009.   more

Gold Quest Pyramid again under the name of Global lifestyle fleecing the country

-With patronage of Central Bank Governor Cabraal and Cabinet advisor Mohan Peiris

(Lanka-e-News- 26.June.2012, 11.30PM)Today , Lanka e news wishes to reveal to you another illegal operation by the notorious Pyramid chain under the name of Global lifestyle Lanka , which involves the brainwashing of innocent young girls and boys of SL with the assistance of Ven. Buddhist Prelates who have been lured into this net. A former director of the Central bank speaking to Lanka e news regretted that despite this nefarious activity being investigated by the Central Bank authorities and a report forwarded to the Attorney general’s (AG) dept. some months ago, no legal action had been taken by the AG’s Dept. so far. This Global Lifestyle evil business chain has spread like cancer across half of the Eastern and northern regions . This establishment targeting the fishing communities and those areas where there is no electricity had imported two kinds of solar energy equipments at Rs. 43000/- and Rs.61000/- each from China through the Pyramid organization illicit channels, and are marketing them at prices with huge unreasonable profits in those areas of the innocent residents, the former Central Bank Director exposed. When these equipments are being marketed , instead of engaging those who have been made members of the chain after collecting a membership fee , plans are afoot to employ members who invested huge amounts in this chain to market these items. The actual cost of these equipments imported from China is around Rs. 15000/- each, and they are of the most inferior quality . Though the aim when marketing these items through this chain is to sell them at reasonable prices and thereby get members into this chain , the marketing plan on the contrary is to sell these items with colossal profits through the members who join the chain, the Director pointed out. According to information reaching us, this racket is another new methodology under the name of Global lifestyle of the same Hong Kong based ‘Gold quest’ businessmen earlier . The chief in this business is Selvarajan Wijayaratnam , a brother of the wife of Eswaran , and British mixed Sri Lankan national. The two brothers , Sura and Lal Ranasinghe are conducting this marketing campaign within SL while delivering fake lectures. Mano and Balaji , two Indian Nationals are also assisting in this massive racket , reports say. Based upon our investigation into this swindle in the national interest , we had been informed by a chief of the AG’s Dept. that with the patronage of the advisor to the Govt., Dr. Sanjaya Sedera and Central Bank governor Ajith Cabraal , these rackets are still on going in SL, and due to the pressures exerted by former AG Mohan Peiris , the AG’s Dept is deliberately avoiding the conduct of investigations into these illicit deals. The chief Executive of Asia Capital Co. which is in the SL Colombo stock exchange list and under the Gold quest administration is , Mano Nanayakkara. The latter’s sister Priyanthi Mendis , a legal counsel is the beloved wife of former AG Mohan Peiris. This has been one of the reasons that had prompted the suppression of this investigation. Upon inquiries made by Lanka e news over the phone from Global Lifestyle situated at No. 403 , Duplication Road , Kollupitiya ( in the vicinity of the British Council and the Commercial Bank ), they said, if the need is there to join in the marketing of these solar equipments it could be done through somebody who is already a member of theirs , and engage in the sales activities of the chain. Apart from that there are no direct sales by their Co. Hereunder are the questions asked by us and the answers given : LeN : I am speaking from Devundara , Matara. A group of our fishermen are in need of your solar equipments. How do we get them ? Global Life style : (a lady speaking) – Sir , we do not give answers via the phone. If you can come to our only establishment at Kollupitiya , we can furnish you with details. LeN : I am the private secretary of an M.P. ( we were making a false pretense) Global Life style : Sir , we sell solar equipments only to the members . If any of you can come through a member , you can get the item. But we do not make direct sales.LeN : Kindly try to understand . We don’t have need to buy through members . We want to directly purchase them. If you cant sell them direct to us , there is some underhand deal in this (in a stern tone) Global Lifestyle : Wait a little Sir. We will connect you to our Executive Angelo Bernabas. Angelo Bernabas: Because we want our members of the chain to get better gains on this that we do not market them to the shops. On every item we sell we give the member Rs 2000/-. On top of that , based on the marks allocation scheme , an individual can earn between Rs. 25000/- to Rs. 4/5 lakhs depending on his toils. If you can visit us , you can buy the necessary solar equipment without the necessity to become a member, after making the payment . In response to his request , we paid a visit to the Institution and made inquiries. We then realized a large number of religious dignitaries local and foreign are involved in the Global lifestyle business. Who is this Namalwatte Subuthi who is destroying the Sasana? ---------------------------------------------------- While we were there , a young Bangla Desh Thero who started a conversation with us said, on the invitation of Namalwatte Subuthi, he got involved in this chain’s marketing activities and they are being advertised in Bangla Desh. According to this young Bhikkhu , about 200 Prelates , local and international are engaged in this Pyramid venture via Namalwatte Subuthi. It was also revealed that this prelate Namalwatte Subuthi is engaged in promoting and propagating this business in Dubai , Middle east countries where there are a large number of Sri Lankans , and in countries like Singapore , Malaysia and Australia . In truth those groups who were there were of the age range of 18-30, and large groups like them were being employed to sell these solar equipments. We could based on the efforts earn from Rs. 25000/- to Rs. 10 lakhs...This group first gave us a discourse on how this income can be earned. A group of boys that was there told us , they had apprised their parents of this It is significant to note that this business is prohibited under the SL Banking Act. On the pretext of introducing friends this business is being carried on by this chain. At the beginning the members gained in lakhs of rupees , finally what happens at the end in this chain is , everyone is reduced to a nought, and before the remaining limited crowd , the entire manipulation crashes due to its incapacity to expand its business . Might we recall that we exposed the details of another similar business that was carried on by a Company , ‘Best life’. Following these exposures the Central bank carried full page advertisements in the Island’s national newspapers some weeks later warning the people not to fall prey to these chain rackets. It was also notified by the Central bank that complaints can be made to the police regarding those who are spreading this chain business , and that the police is empowered to arrest them.

Sri Lanka rupee hits record low on importer dollar demand

 Wed Jun 27, 2012

(Reuters) - The Sri Lankan rupee hit a fresh record low of 134.00 to the dollar on Wednesday on importer demand for the U.S. currency, sparked by worries the local unit will weaken further after banks started quoting spot prices again for the local unit.

Several banks had stopped quoting spot rates for the rupee in the previous two sessions after what dealers said was a request by the central bank not to trade above 133.00, in a bid to halt a months-long slide.

On Wednesday, several banks quoted spot prices around the rupee's previous record-low level of 133.60, hit on June 12, dealers said.

"The highest deal was done at 134 for the spot and there is importer demand for dollars," a currency dealer said on condition of anonymity.

Three other dealers confirmed the highest deal, while some banks said they had still not started quoting spot prices.

The rupee has lost nearly 18 percent of its value since November, when the government allowed a 3 percent devaluation.

The central bank on May 31 said it still believed the battered rupee would stabilise at levels stronger than 125 to the dollar. (Reporting by Shihar Aneez; Editing by Chris Gallagher)

Provincial Councils to be dissolved

WEDNESDAY, 27 JUNE 2012

The North Central, Sabaragamuwa and Eastern Provinces are to be dissolved; midnight today, highly placed government officials said. Governors of the three provinces have placed their signatures on the gazette notification effecting the dissolution the source said.

The period of office of the Sabaragamuwa PC was to come to an end on September 10th of  2013 as the council met for the first time on 11th September 2008 after the election was held on 2008 April 10th.

Elections for Sabaragamuwa and the North-Central PCs were held on 2008 May 21st. Period of office of Sabaragamuwa PC was to come to an end on 2013 September 10th as the council met for the first time on 11 September 2008.

Office of the North-Central was scheduled to be vacated on 17th September 2013 as the Council met first on 2008, September 18.

Meanwhile, W.R.L.M.Ratnayaka, deputy elections Commissioner said the elections Secretariat will declare the date of nomination after 7 days of dissolution of the PCs.
27.06.12 ( Sandun. A. Jayasekara)

Nihal Sri Files Fresh Motion Over Hotel Developers For Loss Of Over Rs. 7 Billion To The State
June 27, 2012

Letters sent to Directors notifying them of personal liability for loss of over Rs. 7 b to the state

Lawyers for Nihal Sri Ameresekere has filed a Motion on 19 June in the District Court of Colombo Case No. 217/CO with copies of Letters sent by them to seven Government Directors of Hilton, namely: Chairman Tirukumar Nadesan, former Chairman Nawaz Rajabdeen, Director V.  Kanagasabapathy,  Director N.  Warusavitharana, Director K.V.N Jayawardena, Director Kosala R. Wickramanayake and Director Tissa Wickramasuriya putting them on notice of being liable to be personally sued under the provisions of Companies Act No. 7 of 2007 for causing loss of over Rs. 7 billion to the State.
Legal circles have opined that the Government should take action and enforce the law regardless of the persons involved.

Chairman Tirukumar Nadesan and wife Nirupama Rajapaksa

In the Letter to Chairman Tirukumar Nadesan, his Lawyers had pointed out that under Article 52 of the UN Convention Against Corruption, to which Sri Lanka is a party, he could be deemed to be a politically exposed person.

In the Letter to former Director General, Department of Public Enterprises, V.  Kanagasabapathy, his Lawyers had pointed out that he is a Chartered Accountant and had been a Member of the Council of the Institute of Chartered Accountants of Sri Lanka, and stands bound by the applicable Professional Standards and the Code of Professional Conduct and Ethics of the said Institute.
In the Letter to K.V.N. Jayawardena, his Lawyers had pointed out that he is an Attorney-at-Law and that in terms of Rule 11 of the Supreme Court (Conduct of and Etiquette for Attorneys-at-Law) Rules 1988, an Attorney-at-Law is prohibited from accepting any professional matter, which would involve him in the commission or in the furtherance of the commission of an offence and that he is a Member of the Company Law Advisory Commission, which was responsible for the formulation of Companies Act No. 7 of 2007.
Excerpts of the letter sent to Hotel Developers Chairman
Read More                                                                         

Military bars Tamils from their homes

Some 15 Catholic families evicted just two weeks after returning to war-torn region

June 26, 2012
ucanews.com reporter, Mannar 

Military personnel evicted more than 45 internally displaced Catholic Tamils in northern Sri Lanka over the weekend, saying they needed permission from the Defense Ministry to resettle in their own homes.

The families had returned to the church housing project on Mannar island two weeks ago, after fleeing civil war violence in 2008. Naval officers said they not been informed about the resettlement, villagers reported.

“The military asked us to vacate the resettled housing scheme before midnight, and we walked over five kilometers with our children to the church,” said Pius Ananthakumar Asuntha.

Roughly 6,000 of the estimated 448,000 people displaced by decades of fighting, still remain in welfare centers, according to the UN office for the Coordination of Humanitarian Affairs.

“Priests discussed it with government officials, and we promised to give back the  houses on June 27,” said Father Avithapper Victon Saviri, parish priest of Our Lady of Victory Church in Pesalai, where the villagers went for shelter.

Saviri said before the families return, the Church will provide a list of their details to the military.

The Vetriman Housing Scheme consists of 50 houses on Church land and built by the Church-run Jesuit Refugee Service. It was handed over to families in 2006.

The United Nations Development Program Country Director Douglas Keh said that the issue of ownership and registration of land is an obstacle for successful investment and growth in the North.

“It is one thing that the UN system is more than ready to work with the government on, and this is going to be a very important element for the reconciliation process,” Keh said.

Related reports :

Displaced Tamils protest for access to land

UN strikes country from ‘list of shame’

Sri Lanka banks stop quoting rupee spot rate after cbank request

Tue Jun 26, 2012

(Adds rupee, stock close)

(Reuters) - The Sri Lankan rupee market came to a standstill on Tuesday as banks stopped quoting spot prices against the U.S. dollar, after what dealers said was a request from the central to stop trading the ailing currency beyond the 133 level.

"The whole market is distorted as central bank does not like to see the spot trading above 133.00. So nobody is quoting spot and everybody quotes spot-next," a dealer said on condition of anonymity, referring to the possible spot rate a day later.

Four other currency dealers confirmed the move and said there were no deals done in the market during the first two hours of the day.

The rupee's spot-next was traded at 133.70/134.20 by 0500 GMT per dollar and closed at 133.60/80, dealers said.

Though many banks stopped quoting spot prices in early trade on Monday, the state bank dollar sale at 132.90 provided direction to the market and some banks traded spot at that rate.

Banks stopped quoting spot rates on Monday after the monetary authority had told the dealers not to trade above 133.00.

Central Bank Governor Ajith Nivard Cabraal declined to comment.

The rupee hit a record low of 133.60 on June 12. It has lost some 17 percent of its value since last November.

The Colombo Stock Exchange's main index edged down 0.44 points to 4,989.99, its lowest since June 14.

Turnover was 8.08 billion rupees ($60.52 million), more than eight times higher than this year's daily average turnover of 990.1 million rupees, boosted by several block deals in conglomerate Aitken Spence.

Spence, which accounted for 87 percent of the total day's turnover, closed steady at 111 rupees.

Foreign investors were net buyers of 685.9 million rupees worth of shares on Tuesday, extending the net foreign inflow so far this year to 23.32 billion rupees. ($1 = 133.5000 Sri Lanka rupees) (Reporting by Shihar Aneez and Ranga Sirilal; Editing by Ron Popeski)

‘I Don’t Know You, Don’t Accuse MOD’ Gota Threatened Dr. Nirmal

June 26, 2012 

By Colombo Telegraph -

“Catch the suspects and hand them over to the police” the Secretary to the Ministry of Defence Gotabhaya Rajapaksa told Dr. Nirmal Ranjith Devasiri, last Friday.

Gotabhaya

“I received a call from Gotabhaya,  the conversation initially appeared to be cordial, though later it turned into a bitter exchange” the president of the Federation of University Teachers Associations (FUTA),Dr. Nirmal Ranjith Devasiri told Colombo Telegraph.

Calling to Nirmal’s home telephone re the threats Dr. Nirmal is receiving, Gotabhaya said, he even didn’t know who the Nirmal is and therefore accusing MOD is pointless. Dr. Nirmal replied Gotabhaya saying, whether he knows Nirmal or not is irrelevant and the MOD’s job is to protect citizen’s security” Nirmal Ranjith’s claims at the Friday press conference is “damaging MOD’s reputation” and  asked him to “catch the suspects and hand them over to the police” angry Gotabhaya threatened Nirmal.

Dr.Nirmal Ranjith Devasiri is one of the few outspoken intellectuals who criticises Sri Lankan government regarding it’s unlawful activities.

Dr. Nirmal Ranjith Devasiri is the only university teacher who criticised Secretary to the Ministry of Defence regarding abduction and whitvanning.  Speaking about abduction of Prema Kumara Gunarathnam and Dimutu Attigala he said “ the fist accused is the Secretary to the Ministry of Defence, there is no Secretary of Defence post in Sri Lanka it’s a lie. He is just another secretary to a Ministry. There are lots of other secretaries like him, the only difference is, he is a sibling of the President,  he must be questioned. …..” ( watch 6.20 mins in the video below)

Related posts;

‘Ensure The Personal Security Of Dr. Dewasiri And His Family’ The FUTA Asks Rajapaksa

Gota’s Critic Dr Niramal To Be Whitevaned

GL-Clinton Deal On LLRC Implementation Revealed

Tuesday, June 26, 2012

G. L Peiris with Hillary Clinton in Washington D.C. on 18 May and A snapshot of the original document…

“The process of reconciliation requires a full acknowledgement of the tragedy of the conflict and a collective act of contrition by the political leaders and civil society, of both Sinhala and Tamil communities. The conflict could have been avoided had the southern political leaders of the two main political parties acted in the national interest and forged a consensus between them to offer an acceptable solution to the Tamil people. The Tamil political leaders were equally responsible for this conflict which could have been avoided had the Tamil leaders refrained from promoting an armed campaign towards secession, acquiescing in the violence and terrorist methods used by the LTTE against both the Sinhala and Tamil people, and failing to come out strongly and fearlessly against the LTTE, and their atrocious practices.”  — Report by Lessons Learnt and Reconciliation Commission (p. 387)

By Frederica Jansz

Despite repeated denials by External Affairs Minister Prof G. L. Peiris and his Monitoring Minister Sachin Vaas Gunewardena, The Sunday Leader today has exclusively secured a copy of the original document that was the basis for discussion between  Peiris and United States Secretary of State Hillary Clinton in Washington in May this year.
The meeting lasted about 35 minutes and the Foreign Minister presented a detailed plan for the implementation of the recommendations of the Lessons Learnt and Reconciliation Commission (LLRC).
However, since his return both Peiris and his team vehemently denied the existence of such a document refusing to divulge details or that such a document even existed.
In the backdrop of opposition political parties accusing Prof. Peiris of having presented a “secret plan” to Clinton, President Mahinda Rajapaksa’s Secretary Lalith Weeratunga, while publicly saying that out of the 135 main recommendations of the Lessons Learnt and Reconciliation Commission (LLRC), 33 would be implemented, also denied that Hilary Clinton had indeed been shown a document which detailed implementation of these recommendations.
The document with the heading ‘The way forward in regard to the report of the Commission on Lessons Learnt and Reconciliation-LLRC’ was the basis for the talks between a three member delegation led by Peiris and American officials led by Clinton at the State Department in Washington, DC on May 18 this year.
Peiris was compelled to travel to Washington to placate the Americans following US pressure that Sri Lanka be held accountable for the implementation of the LLRC proposals.
After Peiris had briefed Clinton, a US State Department spokeswoman at a subsequent media briefing said:
“The Secretary encouraged a really transparent, open, public process, not only on the LLRC specifically and its implementation, but also with regard to accountability; to strengthen reconciliation, public confidence inside and outside Sri Lanka in the process; and frankly, to speed the healing of the country.  So she really – she said good plan, now you really need to make it public; now you really need to show your people, the world, the concrete implementation steps going forward.
“She also stressed the importance, as she always does, of demilitarizing the north; of getting to the provincial elections in the north; protection of human rights, including protection of the press; and generally the creation of an environment that’s inclusive; engagement and the creation of space for civil society along the lines of what she talked about globally earlier in the week.”
The LLRC was appointed by Pesident Mahinda Rajapaksa to stall threats by western countries to appoint an international panel. The LLRC was mandated to look back at the armed conflict with the LTTE covering the period of February 2002 and May 2009. It was the main focal point in the US backed Resolution against Sri Lanka at the UN Human Rights Council (UNHRC) sessions in March.
According to the document shown to the American government 33 of 135 main recommendation of the LLRC are to be to be implemented at national level.  Some of these include, that further investigations should be carried out regarding four particular incidents which caused death or injury to civilians, on possible implication of the security forces.
A professionally designed household survey should be conducted covering all affected families in all parts of the island to ascertain firsthand the scale and the circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.
To prepare a centralized and comprehensive database containing a list of detainees and make that available to their next of kin. All illegal armed groups should be disarmed.
To grant the legal ownership of land to those who have been resettled.
In instances where there is prima facie evidence of conscription of children as combatants (by both LTTE and TMVP), any such alleged cases should be investigated and offenders must be brought to justice.
Increased employment opportunities should be provided to those in the former conflict affected areas.
An inter-agency task force mandated to addressing the needs of vulnerable groups like women, children, elderly and disabled, must be established.
Investigate and inquire into alleged incidents of serious violations of human rights including the 2006 Trincomalee massacre and the 2006 massacre of 17 aid workers.
The land policy of the governments should not be an instrument to effect unnatural changes in the demographic pattern of a given province. (see box)

Main Recommendations
•    Further investigations should be carried out regarding four particular incidents which caused death or injury to civilians, on possible implication of the security forces.
•    Necessary investigations should be carried out into specific allegations of disappearances after surrender/arrest, and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, the wrongdoers should be prosecuted and punished.
•    Take due account on surrendered LTTE cadres against whom investigations reveal prima facie material for prosecution.
•    IHL regime should take into account the grey areas in the existing legal framework applicable to internal conflicts involving states and non state armed groups.
•    A professionally designed household survey should be conducted covering all affected families in all parts of the island to ascertain firsthand the scale and the circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.
•    Institute an independent investigation into Channel 4 videos.
•    A special commissioner should be appointed to investigate alleged disappearances and provide material to the Attorney general to initiate criminal proceedings as appropriate.
•    Death certificates should be issued and monetary recompense should be provided where necessary. Steps should be taken to effectively implement the amendment to the Registration of Deaths Act (2006).
•    Appoint an independent advisory committee to monitor and examine detention and arrest of persons under any regulations made under the Public Security Ordinance or the Prevention of Terrorism Act (PTA).
•    Domestic legislation should be framed to specifically criminalize enforced or involuntary disappearances.
•    Prepare a centralized and comprehensive database containing a list of detainees and make that available to their next of kin.
•    All illegal armed groups should be disarmed.
•    Grant the legal ownership of land to those who have been resettled.
•    In instances where there is prima facie evidence of conscription of children as combatants (by both LTTE and TMVP), any such alleged cases should be investigated and offenders must be brought to justice.
•    Increased employment opportunities should be provided to those in the former conflict affected areas.
•    An inter-agency task force mandated to addressing the needs of vulnerable groups like women, children, elderly and disabled, must be established.
•    Investigate and inquire into alleged incidents of serious violations of human rights including the 2006 Trincomalee massacre and the 2006 massacre of 17 aid workers.
•    The land policy of the governments should not be an instrument to effect unnatural changes in the demographic pattern of a given province.
•    A National Land Commission (NLC) should be established in order to propose appropriate future national land policy guidelines.
•    All political parties should arrive at a bipartisan understanding on national land policy and recognize it as a national issue. Land policy should not be used as a tool to gain narrow political advantage.
•    The role and capacity of the Rehabilitation of Persons, Properties and Industries Authority (REPPIA) should be reviwed, giving its primary focus in providing compensatory relief for persons affected by the conflict. Ex-LTTE combatants and next of kin should also be considered eligible for compensatory relief.
•    Involvement of the security forces in civilian activities in North Eastern Province should be phased out. Private lands should be used giving reasonable time lines.
•    A proper investigation should be carried out on the alleged involvement of Vinayagamoorthy Muralitharan alias Karuna Amman and Sivanesathurai Chandrakanthan alias Pillayan in the 1990 massacre of Sri Lankan Police officers.
•    A full investigation should be done on the alleged acts of extortion committed by members of the Eelam People’s Democratic Party (EPDP).
•    Steps should be taken to neutralise the activities of a gang led by a person called Major Seelan in connection with offences of abduction, extortion and robbery using the security forces facilities as a cover.
•    Units of the Attorney General’s department should be set up in the provinces to guide and advise the Police regarding criminal investigations, prosecutions and other matters touching upon the criminal justice system.
•    An independent Public Service Commission should be established without delay to ensure that there is no political interference in the public service.
•    A good-faith effort should be taken to develop a consensus on power devolution, building on what exists – both, for maximum possible devolution to the periphery, as well as power sharing at the centre.
•    Learning of each others’ languages should be made a compulsory part of the school curriculum.
•    All Government offices should have Tamil-speaking officers at all times. Police Stations should have bi-lingual officers on a 24-hour basis.
•    A proactive policy should be implemented to encourage mixed schools serving children from different ethnic and religious backgrounds.
•    Government should engage with the so-called ‘hostile diaspora groups’ constructively and address their concerns.
•    National anthem should be sung simultaneously in two languages to the same tune.
•    Laws should be strictly enforced on the instances of hate speech that contributes to communal disharmony.
•    A separate event should be set apart on the National Day (4 February) to express solidarity and empathy with all victims of the tragic conflict and pledge the collective commitment to ensure that there should never be such blood-letting in the country again.

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The Document Taken To Hillary Clinton By Prof. Peiris…  
A Task Force headed by the Secretary to the President of Sri Lanka would monitor the implementation of the recommendations of the LLRC.
I.    It will function under the Presidential Secretariat and a group of officials (already identified by the GOSL but unknown to us) has already been identified.
2.    Short term measures will be implemented and GOSL organizations will be directed to complete their mandated work in a definite time frame.
3.    Medium and Long Term implemented will be monitored by the same task force
4.    GOSL has categorized 285 recommendations into 4 categories (IMPORTANT FRAMEWORK):
I.    Recommendations relating to National Policy (33 Main recommendations)
•     GOSL expects that the “proposed PSC would deliberate on those issues that need interventions by the legislature and chart a course of actions that will result in any required amendments to the constitution of Sri Lanka as well as any other laws” .
•     “Those that can be implemented without such interventions by the PSC and the legislature will be acted upon by the appropriate agency / agencies.”
II.    Recommendations pertaining to the final phase of the conflict  (8 main recommendations forming core of recommendations of this category – “there may be others that fall into the other 3 categories)
•     “Appropriate government institutions with the Ministry of Defense leading, would institute suitable mechanisms to address these recommendations and if necessary place some issues before the PSC as a political debate would be necessary in regard to giving effect to these”
III.    Recommendations related to human rights and national security concerns    (28 main recommendations
•     Will involve a large number of ministries, departments and other agencies within the government.
•    Necessity to collaborate with civil society groups in giving effect to some of the recommendations.
IV.        Recommendations related to resettlement and development (majority of recommendations fall into this category)
•    Large number of ministries + “provincial, district and divisions entities”
•    Implementation will be monitored by the already established Presidential Task Force on Resettlement, Development and Security in the Northern Province.
•    There will be sub category classifications for different recommendations in this section. They are classified as follows:
Sub Category    Number of Recommendations
A     .          Reconciliation      4
B     .          Language Policy     6
C     .          Education           8
D     .          Religion            4
E     .          Arts and Culture            5
F     .         People to People contact            2
G     .       Vulnerable Groups           7
H     .          Assistance to resettled families            1
I     .          Land issues         15
J     .          Refugees from India         1
K     .          Muslim IDP’s        3
L     .       Sinhala IDP’s       2
M     .       Long term IDP’s (Old)       1
N     .       Compensation and Monetary relief    1
O     .       Resettlement assistance     5
P     .       Indian Tamils       1

5.        4 Main categories cover 135 recommendations. Main recommendations contain sub recommendations and this is the reason for the “disparity between the quoted and much publicized figure of 285 recommendations and this figure of 135”
[VERIFICATION AND ANALYSIS NEEDED TO DETERMINE WHETHER THIS IS CORRECT]
6.        There will be a periodic reporting mechanism to the Cabinet of Ministers on the progress of the implementation of recommendations (short, medium and long term). This will be instituted soon.