WikiLeaks: US – GON Talks On Sri Lanka’s War Crimes

By Colombo Telegraph - October 8, 2012

“Norwegian government officials shared interesting insights into the motivations of the parties to the conflict as well as developments since its end. However they had no specific evidence of atrocities beyond what has been already been shared with the USG. The two NGOs however, did provide useful information from contacts on the ground who communicated with their offices via satellite phone.” the US Embassy Oslo informed Washington.

Ambassador Williamson

A Leaked “CONFIDENTIAL” US diplomatic cable, dated August 24, 20o9, recounts the details of a meeting the US ambassador to Oslo Clint Williamson has had with Norwegian peace envoy Erik Solheim, a variety of high level Ministry of Foreign Affairs officials, and two NGOs. The Colombo Telegraph found the related leaked cable from the WikiLeaks database which is written by acting Deputy Chief of Mission Cherrie Daniels.

Cherrie Daniels wrote “Before meeting with Minister Solheim, Ambassador Williamson first discussed specific legal and political concerns of the GON with Martin Sorby of the MFA Legal Department in relation to any information which may be shared at later meetings. Williamson began by recognizing Norway’s unique role as a mediator in Sri Lanka in recent years. He stated that any information provided by the GON would not be attributed to senior officials by name, and that if desired the Legal Department could see any quotes attributed to GON officials in advance of the report’s release.”

“At the beginning of all meetings Ambassador Williamson first outlined the language attached to the 2009 Supplemental requiring the Secretary to report to the Appropriations Committees within 45 days on alleged violations of international humanitarian law (IHL) during the recent fighting in Sri Lanka and to the extent possible, identify perpetrators. The Ambassador explained that the USG had limited access to the conflict zone and therefore it will be extremely difficult to present conclusive evidence of what happened and who was responsible.To develop the most complete picture possible, the Department was collecting reports from open sources, NGOs, International Organizations, and foreign governments. Looking at the two sides in the conflict, Sri Lankan military and the Liberation Tigers of Tamil Eelam (LTTE), Williamson said that reporting thus far had focused on alleged use of civilians as human shields and conscription of child soldiers by the LTTE. For the GSL, most allegations centered on the potential disproportionate use of force and reports of disappearances of individuals during the screening of the population in the north.” the acting Deputy Chief of Mission further wrote.

Read the relevant parts of the cable;

Military barred journalists visiting the IDP relocation camp in Seeniyamottai and threatened to mind heir own business

Monday, 08 October 2012

NFR wishes to draw attention to the number of feature articles published by print and web media on the situation of the 110 families who lived in the Menik Farm IDP camp and threats faced by the journalists while covering the relocation.

The articles provides a cogent account of the current situation where the State appears to show the world that it is going ahead with the resettlement of the IDPs of the region expeditiously, but is not the case. This report exposes the fact that the government and the military are carrying out a resettlement program where people are being taken, not to their original homes, but to lands that have no infrastructure; nor are the people being equipped with the basic necessities of life. It is troubling to note that these displaced people are taken to uninhabited areas while the military continues to occupy their homes.

NfR is also deeply concerned that the government and the military continue to bar journalists from accessing these places as reported in the articles. Sri Lanka’s war was fought for the large part without credible, independent witnesses. Both government and LTTE troops have been able to get away with the crimes they committed because anyone who dared report what they actually saw or heard were intimidated, murdered or otherwise silenced. Information received by NfR confirmed that number of local and foreign media personal was barred by the military who visited the area.

In one instance after stopping the journalists entering the refugee camp the military officer in charge of Suriyapuram camp in Nandikadal has threatened them not to write anything detrimental to them and has warned not to write anything against the camp and the IDP grievances but to ‘mind her own business’. They were forced to delete the photos taken, according to journalist Nirmala Kanangara.

It seems that even three years later, the government is unwilling to let the world hear about the goings-on in those lands, which are now virtually strongholds of the military. What does the government fear? Why were these journalists not allowed to visit Menik Farm, which is now completely bare? Since there were people living in the camp until the end of September, we can be certain that it is not an area that is scattered with land-mines. And if the land to where these people have been moved has no amenities, what was the indecent hurry to move them out of Menik Camp?

The war is over and this is a good test of the government’s claim to be transparent about resettlement. To prevent journalists from travelling to these regions and talking to the affected people smacks of an attempt to hide the truth.

NfR calls on the government to treat these families with dignity and to keep its promise of transparency; allow independent journalists, and not those who are its stooges, free access to these lands, so that Sri Lankans’ and the world will at least now get a balanced idea of what is going on.

Steering Committee, NfR Sri Lanka

Steering committee : Kshama Ranawana ( Canada) Lionel Bopage ( Australia), Nadarasa Sarawanan (Norway), Nadarajah Kuruparan(UK) Padmi Liyanage (Germany), Raveendran Pradeepan (France), Rudhramoorthy Cheran (Canada), Saman Wagaarachchi ( USA), Sunanda Deshapriya ( Switzerland)

NfR - Net working for rights in Sri Lanka -Exile network for media and human rights in Sri Lanka

Press release/ 07 Oct. 2012

Governor and the minister face difficulti​es to answer the questions of TNA

[ Monday, 08 October 2012, 01:53.40 PM GMT +05:30 ]

Jaffna district coordinating committee meeting held at 8.00 am in the District Secretariat this morning.

During the time of meeting TNA members raised various questions against Governor and EPDP members on land acquisition in the Jaffna peninsula. Governor and the EPDP members face difficulties to answer the questions. Supporters of the Minister Devananda stage protest in front of the district secretariat this morning. Protesters raised slogans such as “TNA come to the discussion table” and Governor we need road development”. Later on minister Douglas Devananda arrive to this site and protesters handed over petition towards minister. Tamil National Alliance parliamentarians Mawai Senathiraja, Suresh Premachchandran, Vinayagamoorthi, Sumandhiran, Sridharan and Sarawanabawan were also present at this meeting. During the time of discussions on resettlement and maritime resource TNA members raised various questions from the minister, governor and officers. They also engaged in tough debate. However Chandrakumar and the Minister Douglas ignored the questions of TNA members and also joked at them. However meeting was postponed till month of November. When TNA members questioned about the military land acquisition governor replied with tough voice and respective officials fails to reply in proper way. End of the meeting TNA members urge the officials to make final decision on these issues. (2nd lead) Minister Douglas Devananda warned Mawai Senathiraja Minister Douglas Devananda chaired the meeting warned TNA MP Mawai Senatahiraja today. Minister ordered MP to deliver his speech shortly or else he would switch off the mike and the sound system.

SEC investigation clears Pradeep Kariyawasam

Monday, 08 October 2012 

The investigations unit of the Securities and Exchange Commission (SEC) has stated that evidence had not been received to prove that former Chairman of the National Savings Bank (NSB), Prdeep Kariyawasam had taken any bribes in the NSB’s controversial purchase of The Finance shares, SEC sources said.

Although the Colombo Stock Exchange mafia and the Head of the SEC had intended to conclude the investigation in a manner where Kariyawasam would have been held accountable, the former director of the SEC investigations unit and the new SEC Director General, Dhammika Perera had informed the relevant stakeholders that it was not possible.

Perera had pointed out that one of the leaders in the stock market mafia, Raynor Silva would also be made a co-witness if charges were to be leveled against Kariyawasam.

SEC head, Nalaka Godahewa has asked the investigations unit to stop probing any corruption charge against Kariyawasam and to hand over the relevant files to the Attorney General’s Department for advice.

Eye witness to Lasantha’s murder abducted in white van?

Nirmala Kannangara | Published on October 7, 2012

Lasantha

attempts have been made to abduct him and he is unable to return to Sri Lanka.

Mr. K Mudalige claims he witnessed part of the elaborate process that finally took Lasantha Wickrematunge’s life and for that he is now in grave danger.

Mr. Mudalige who currently resides in the United Kingdom claims he has been unable to come back to his motherland as attempts had already been made to abduct him in a white van when he was holidaying in Sri Lanka recently.

Speaking to Lanka Standard from somewhere in the United Kingdom Mr. Mudalige said that he was compelled to leave the country after receiving several threats as the murderers had identified him as an eye witness to this gruesome killing.

Vehicle parked near murder scene

“Since the murderers saw my vehicle parked where the murder took place they came for me the same evening and since then they did not allow me to live a peaceful life. As a result I had to leave the country with my family,” Mudalige said.

Mudalige also said that in May this year he had travelled to Sri Lanka on holiday but that he was then abducted in a white van. White vans have become a symbol of untold dread in Sri Lanka as they prowl around Colombo and its suburbs abducting people thought to be an inconvenience to the government.

His story

“This happened on May 17 near the Malabe Junior School. It was around 1pm and I was with a friend of mine. Three people came in a white van and wanted me to get into it claiming to be from the Mirihana Police as they wanted to record a statement from me to which my friend opposed vehemently. Later they threatened my friend with death and took me forcibly,” said Mudalige.

Mudalige further described as to how he was able to escape from the abductors after he was tortured repeatedly.

“When I was abducted I was hand cuffed and blindfolded. Later I was tortured and was questioned about the murder that took place in 2009. They asked me whether I have spilled the beans about the murder and then took me to another place. On our way the van got stuck in mud and the abductors get down to push the van. Since it was a good opportunity for me to escape I opened the door and ran away. All their attempts to chase me were not successful. They also fired towards me. With the greatest difficulty I escaped and came to Peliyagoda the following morning,” claimed Mudalige.

Mr. Mudalige’s brother and the friend have lodged complaints at the Thalangama police station and with the Human Rights Commission.

“Surprisingly none of these two institutions wanted to proceed with the matter and I have my suspicions that I was abducted by a group connected to this government. I request the authorities concern to take immediate action to hold an impartial inquiry and bring the culprits to book immediately,” Mudalige said.

Dual Reality And International Pressures

By Jehan Perera -October 8, 2012

Jehan Perera

The government has done a considerable amount of background work in preparation for the forthcoming session of the UN Human Rights Council in Geneva.  In dealing with the Universal Periodic Review, which is a four year report on a country’s human rights performance, the government is leaving no room for a repeat of the setback it experienced in March 2012 when the Human Rights Council voted against it.  In the months that have followed the government has been busy meeting its international obligations, including an Action Plan on implementing the recommendations of the Lessons Learnt and Reconciliation Commission and in hosting a team from the office of the UN Human Rights Commissioner.  In addition, the government has been opening up new diplomatic missions in African countries which it hopes will ensure it the support of a majority of countries in the future.

The forthcoming November session of the UN Human Rights Council, however, will not see any voting.  Instead there will be a scrutiny of Sri Lanka’s track record since 2008 in upholding and improving the situation with regards to human rights. Already documents have been tabled with regard to this by the government, specialized UN agencies and NGOs.  The core of the government’s defense of its performance will be a comparison between the situations that existed in 2008 and now.  There will be no question that the situation today is a vast improvement over what existed in 2008, when the war was at its peak.  It is likely that the government’s position will be on lines articulated by External Affairs Minister G L Peiris during his recent visit to the United States.

The gist of Prof. Peiris’s presentation on behalf of the government appeared as a news item in the newspapers.  In this the Minister gave an overview of the completion of resettlement of the internally displaced people, rehabilitation of former LTTE combatants, demilitarization of the former theatres of conflict and repeal of the Emergency Laws.  Any foreign person listening to such a presentation could not fail to be impressed by the developments that have taken place in the country and would only wish to support it if not emulate it.  Prof. Peiris also explained the government’s position that reconciliation can be sustained only with economic development and referred to the mega projects to construct highways, bridges, airports and harbours which had led to substantial investments from local and foreign companies.

However, the ground reality in terms of human rights, which the Universal Periodic Review is meant to promote is a harsher one.  The country’s Human Rights Commission has referred to 37 cases of disappearances, 19 white van abductions between January, 2012 and August 13, 2012.  At the present time when several important cases are before the courts of law which could have long lasting repercussions on the future of the country there has been an  assault on the Secretary of the Judicial Services Commission in the context of tensions being reported between the executive and judicial branches of government. The most ominous part of this assault is that the victim had expressed his fears in public about such a danger to himself and other members of the judicial services.  All courts shut down with judges and lawyers staying away in protest against this attack.

DIFFERENT REALITY                                                 Read More

Why were the girls who went to the West Indies players’ rooms arrested? – British HC

Monday, 08 October 2012

The British High Commission in Sri Lanka it is learnt has questioned the Sri Lankan government the basis on which several young British girls were recently arrested.

The British girls had been arrested when they had visited the rooms of West Indies cricket players on their invitation. However, the girls could have been arrested only if they had been engaged in criminal trespass. An official from the External Affairs Ministry said the British High Commission has pointed out that the police had overstepped its limits in arresting the girls.

An angry President had called the ASP involved in the arrest and said, “If you fellows have such a problem why won’t you go and raid the illegal joints operating in Colombo. I have enough problems. Don’t add more problems.”

The IGP on a Presidential directive had taken immediate steps to transfer the relevant ASP to another division.

From Bears To Bulls: Can The Stock Market Tackle The Invisible Gorillas?

By W.A. Wijewardena -October 8, 2012 

Dr. W.A. Wijewardena

The bull-run in the CSE

It was a happy migration from bears to bulls in the Colombo Stock Exchange or CSE in the post-war period beginning from mid-2009. The indices in the Stock Exchange, which remained in a stagnant position for many years, got a sudden boost after the end of the war.
The All Share Price Index or ASPI, which had fallen to the 1,503 level at the end of 2008 from 2,541 from 2007, rose by more than 100 per cent to 3,386 by end 2009, the increase occurring after the defeat of the LTTE in May, that year.

Then, the move was one way in 2010, raising the index by almost another 100 per cent to 6,636 by the end of the year.

During this period, it was bulls that had reigned in CSE. The bull reign came to a sudden stop in 2011 with the ASPI falling to the 6,074 level by the year-end. The bears that took over the reign of CSE in 2011 were equally active as their predecessors and they pretty soon brought down the ASPI by 22 per cent to the 4,700 level by June 2012.
The bears were rather active till end August, but with the transfer of power to a new team of regulators in theSecurities and Exchange Commission or SEC in early September, their power was decimated within days. The bulls took the reign of CSE once again. Accordingly, by early October, the level of the ASPI at closer to 5,900 was just short of 175 units to beat the level it had at the end of 2011.

Has the bull-run refuted the doomsday preachers?

The new bulls that had invaded the market forcefully filled the market once again with hopes as it had filled it in mid 2009 when Sri Lanka won the terrorist war conclusively.
The writers on the new development in CSE were so jubilant that they very quickly penned that the rising trend in CSE was a refutation of those who had earlier predicted certain doom of the market when the top regulators were changed by authorities in an apparent political intervention in the market to their dislike.

What goes up should come down one day and vice versa

Read More

PSD’s aim was murder : phone wrested to distort murder scene – Police top brass exposes
(Lanka-e-News-08.Oct.2012, 5.00PM) According to a high rung Police officer who is opposed to killings speaking to Lanka e news said, the criminals who attacked the JSC Secretary had now been identified as of the President’s security division (PSD) , and in the course of investigations it has been discovered that the assailants had wrested the mobile phone in order that in the event of the Secretary being murdered , to give the impression that it was by accident. 

Moreover , except the members of the PSD , nobody else can carry weapons this openly and move freely in Colombo . The underworld gangs do not have the audacity to move around or conduct themselves this fearlessly, he pointed out . Expect more startling disclosures in the future as the police is readying to garner more facts , he added. 

The Police officer also frowned upon the failure of the IGP, Defense Secretary and the President as the Minister of defense to beef up security for the Secretary even after he clearly pointed out on the 28th , as a top Public officer holding the post of JSC Secretary ,there are grave imminent dangers to the lives of his and other high officers of the judiciary , and they need additional official security measures .

In much the same way as in the murder of Editor Late Lasantha Wickremetunge , the attempt was made on the life of the JSC Secretary , but since the latter grappled with the attackers , the attention of the bystanders was drawn. When the crowds gathered , the aim of the criminals was foiled, the top notch officer of the police explained based on the investigations. The mobile phone of Thilakaratne was wrested in order to cover up the PSD involvement and to implicate others in the attempted murder , he noted.
This investigation was handed over to the Colombo CID hastily for this reason , as the DIG in charge of this division is infamous Anura Senanayake notorious for official underhand activities .

In a day or two , it will be unsurprising if the Govt. as very often is the case , like in the museum robbery , introduces a kudu (drug) addict into the crime investigation as the accused and clear its name and those involved .Anura Senanayake is already in the process of repeating a spurious drama as in the museum robbery , the high ring Police officer told with concern.

He requested Lanka e news to expose these facts if the diabolic conspiracy of the Govt. is to be defeated.

WikiLeaks: LTTE’s Understanding Of International Affairs Was “Close To Zero” – Solheim

Erik Solheim

By Colombo Telegraph -

“Minister for International Development Erik Solheim, who was involved in setting up the Nordic Sri Lanka Monitoring Mission (SLMM) in 2002, stated that the LTTE had an understanding of international affairs that was ‘close to zero.’ He further commented that their unfounded hope for some sort of external salvation, either through pressure from the Diaspora community or other international intervention, combined with a leader surrounded by yes-men, led to the ‘shocking’ and disastrous decision by the LTTE to finish the war as a conventional fighting force. The Norwegian government was in contact with the political leadership of the LTTE until the end of the conflict, but after 2006, only by telephone.” the US Embassy Oslo informed Washington.

A Leaked “CONFIDENTIAL” US diplomatic cable, dated August 24, 20o9, recounts the details of a meeting the US ambassador to Oslo Clint Williamson has had with Norwegian peace envoy Erik Solheim. The Colombo Telegraph found the related leaked cable from the WikiLeaks database which is written by acting Deputy Chief of Mission Cherrie Daniels.

Cherrie Daniels wrote “Information of particular interest to Ambassador Williamson was the GON’s communications with senior LTTE that took place on May 17 and 18 just prior to the conclusion of the conflict. Solheim explained that the MFA had a series of phone conversations with LTTE political and military leaders who wanted to surrender to Red Cross or United Nations representatives. The Norwegians advised them that no Red Cross or UN representatives were in the area and that their only option at that point was to raise the white flag and surrender directly to the Sri Lankan army. The next day, all those persons were dead, and the Norwegians said that the circumstances under which they died remain unknown and implicitly suspicious. At the same time, Solheim and his staff noted that during their conversations with LTTE leaders on May 17 and 18, gunfire could be heard, and their interlocutors admitted shot were being fired by both sides. The fact that they may have tried to surrender under these circumstances further muddies whether or not this incident could be considered an IHL violation. More generally, the Norwegians found the wholesale slaughter of LTTE forces in the last days of the conflict to be highly suspicious, as ‘it is most likely that at least some LTTE forces tried to surrender.’”

Related cable;  WikiLeaks: US – GON Talks On Sri Lanka’s War Crimes

LfD condemns the Physical attack on the Secretary of the Judicial Service Commission.

Monday, 08 October 2012

The Lawyers for Democracy learns with horror and dismay about the cowardly and brutal physical attack on Mr. Manjula Tilakaratne, the Secretary of the Judicial Service Commission on Sunday the 7th of October. It is the considered view of the LfD that this attack had been carried out by agents of State at behest of the highest authorities in the executive. The LfD considers this not as an attack personally on the Secretary of the JSC but an attack on the Judicial Service Commission in particular and on the Judiciary and its Independence in general and also a grave violation of the Constitution which everyone from the head of State down to the ordinary citizen is bound to protect and uphold.

The LfD condemns this dastardly act in the strongest of terms and calls upon the law enforcement authorities to bring the perpetrators of this crime before justice without any delay. In conclusion the LfD warns the authors of this attack that, the perpetuation of acts of this nature are not nipped in the bud, the hallowed principles of the rule of law and independence of the judiciary which are the bedrock of democratic government in Sri Lanka will be destroyed and the authors of these unconstitutional and criminal acts will be responsible for the resulting lawlessness and authoritarianism in this Island nation.

Lawyers for Democaracy (LfD)

Sri Lankan judge pistol whipped, colleagues strike
Mon Oct 8, 2012

(Reuters) - A senior Sri Lankan High Court judge was beaten with pistols and hospitalised on Sunday, triggering a one day strike by the island nation's judges, who were already angry at perceived political interference in the courts.

The victim of the attack, Judge Manjula Tilakaratne, last month complained of pressure on a judicial commission he heads that can appoint and transfer judges and magistrates, after it rejected an invitation to meet President Mahinda Rajapaksa

Rajapaksa condemned the violence against Tilakaratne and ordered the police to bring the perpetrators to justice, the government said in a statement.

Political violence has eased since the army crushed the 30-year-old Tamil Tiger rebellion in 2009, but international human rights groups say serious rule of law problems remain, with abductions, attacks on media and government critics not uncommon.

"He was attacked by four gunmen asking if he was the secretary of the Judicial Service Commission," a judge who visited Tilakaratne in the hospital told Reuters, asking not to be named for fear of reprisals.

"He was attacked with pistols on his face and manhandled."

Judges will not work on Monday in protest at the attack, a judicial association said in a statement.

The police said a special operation had been launched to track and arrest the culprits.

Tilakaratne has said he received death threats after he complained last month of intimidation on the judiciary, following a decision by the commission to suspend a district judge. (Reporting by Ranga Sirilal and Shihar Aneez; Editing by Frank Jack Daniel and Will Waterman)

SRI LANKA: Judicial independence in a coffin

October 8, 2012
The Asian Human Rights Commission (AHRC) condemns the attack upon the Secretary of the Judicial Services Commission (JSC) of Sri Lanka, Mr. Manjula Thilakarathne. It is reported that Thilakarathne, a senior High Court judge who was openly critical about the executive's unwarranted control over the country's judiciary. Unidentified persons have reportedly attacked Thilakarathne, stabbing him three times and seriously injuring the judge. A section of the country's judiciary, under the banner of the Judicial Services Association of Sri Lanka, has called for a strike by the judges of the country marking protest against the attack upon the judge. The Association will also convene a special general meeting tomorrow to decide its future course of action. Lawyers in the country have joined the protest.
The AHRC is not surprised by the attack upon Thilakarathne, this time physical, causing serious injuries to the judge. The executive of Sri Lanka has been, for the past several years, assaulting upon judicial independence. The President's Office is suspected to be behind such interferences. On more than one occasion the President's Office has reportedly intervened in judicial acts for which the President of Sri Lanka, Mr. Mahinda Rajapaksa has faced criticism both within and outside the country. Thilakarathne, in his capacity as Secretary of the JSC was openly critical of this interference, against which the President's Office had once ordered him to meet the President at his office which Thilakarathne refused forthwith. 

Yesterday's physical attack upon the Secretary of the JSC is emblematic of the threats faced by judges in Sri Lanka ever since the 1978 Constitution came into operation. The attack showcases the impunity enjoyed by the assailants upon the country's judiciary and its independence. All governments that have held fort in Colombo since 1978 have prevented every attempt to make the country's judiciary independent. The judges in Sri Lanka since then have been trying to undertake their constitutional mandate facing threats from the executive and today this threat has taken a dirty turn. 

While it is yet to be investigated as to who assaulted Thilakarathne, from past experiences none will be surprised should it reveal that the ruling political party in Sri Lanka is directly involved in the attack. Past crimes committed with impunity by none other than cabinet ministers of the present regime strongly suggests such a possibility. 

It is however to be seen whether an independent investigation could be undertaken in this case. If experience from the past is of any value, such an investigation will not happen.

One of the pivotal institutions required to run a constitutional architecture that protects and promotes the rule of law in a country, the judiciary, in Sri Lanka has been publicly assaulted. In a country like Sri Lanka where the public's perception of their justice institutions is at all time low, an incident like the physical attack upon the representative of the country's independent body like the JSC will go down as one of the lowest moments in the country's judicial, constitutional and political history. 

This incident is of such magnitude that it challenges the very notion of professionalism and independency, not only that of the judiciary but also of other institutions related to the judiciary, like that of the profession of lawyers and the police in Sri Lanka. Sandwiched in between is the Attorney General's Department, an office that function as a bridge between the government, its policies, the judiciary and the police. The AG having absolute prosecutorial powers, as it is in Sri Lanka, must be facing the moral dilemma to function any more in the given context as a legal advisor for a government that is unable to protect the body and person of an equally important constitutional office such as that of the Secretary of the JSC. 

It is in this overall context of threat, intimidation and fear that the judges and lawyers of Sri Lanka have chosen to protest today. This protest directly confronts the inability of the government to protect its constitutional institutions. Needless to say such a government would be unable to protect and safeguard the legitimate rights and property of the people of Sri Lanka. Such a government has no legitimate right of morale to continue in office.

It is widely rumoured and perhaps it is true that the life of the Chief Justice of Sri Lanka is also at risk. It is reported that Thilakarathne was attacked because he had said in public that his CJ is under threat. Now that Thilakarathne himself is in hospital the message is clear that anyone who criticises the government, regardless of his or her standing puts their lives at risk. If this is the security that an officer of the court can expect in Sri Lanka the safety of the person and property of ordinary Sri Lankans having far less standing is imaginable. If this situation continues in Sri Lanka, it is just a matter of time before Sri Lanka also falling down into the abysmal pit of no return, of absolute judicial servitude to the executive, as it is today in countries like Cambodia and Burma.

The AHRC supports the call for the strike by the lawyers and judicial officers in protest against the attack upon the judiciary and its officers in Sri Lanka. It is the responsibility not only of all Sri Lankans who wish for the return of the rule of law in the country but also that of the international community that believes in the independence of the judiciary as a sine qua non for the establishment of the rule of law and democracy in Sri Lanka.

Magistrates and judges on All Island strike ; Lawyers too stage protest

-attack on JSC Secretary : inside story-Monday 8 of October 2012

(Lanka-e-News-08.Oct.2012-5.00PM) The Executive Committee of the Magistrates’ Association which met on the 7th decided that their members shall stage a strike on the 8th to demonstrate their opposition against the brutal attack launched on the Secretary of the Judicial service commission (JSC). Accordingly , The Magistrate courts and the district courts Island wide will not be functioning on the 8th. It is significant to note this type of action had been compelled to be resorted to by judges for the second time in the Courts history of SL . Only recently , because of the hooligan behavior of a Minister Rishard Badurdeen of this same Govt . ,where a judge of the Mannar court was threatened and intimidated , and an attack was launched by Minister’s thugs, the judges had no choice but to strike to express their resentment. Hereunder is a detailed account on the attack launched on the JSC Secretary : Manjula Thilakaratne had been in his car reading the newspapers after dropping his children at S. Thomas’ College Mt. Lavinia for sports training sessions. He had then received a call from Judge Patabendi . As he was answering the call , somebody had attacked his driving side windscreen and shouted ‘open the door’. Two of the assailants had in their hands what looked like sharp weapons .One of them had then brandished an automatic pistol . As Thilakaratne was fearing that he would be shot at ,he had opened the windscreen, when the assailants have shouted asking donation. Then they have questioned, ‘aren’t you the Secretary of the Judiciary?’ while attacking him in the chest and the mouth. Hearing the shouting , the people around have flocked to the scene when the assailants have run to their motor bikes and fled the scene in them. A judge who who wished to remain anonymous speaking to Lanka e news commented on this degrading and disgraceful assault as follows : This is a most grave situation full of portents , and if this is allowed to continue , the judges may have to leave this country in fear on grounds of security . If this is not halted forthwith , and if nothing is done to strengthen the independence of the judiciary , the ordinary people will also take the law into their hands , and there would be none to administer justice ending in anarchy sooner than later .It is an independent judiciary that can function as the moderator between the legislature and the Executive , and if that is lost it will result in murder and mayhem with proper governance also dying , he warned.

No ‘Easy’ Takes On Manjula Tilakaratne Attack

By Malinda Seneviratne -October 8, 2012

Malinda Seneviratne

It is easy to condemn an attack on anyone.  It is typical for there to be widespread condemnation the more public visibility that a victim has.  It is easy for relevant ministers (and politicians in the opposition too) to visit the victim.  It is easy for the executive to add to condemnation a directive to investigate.  It is easy to say ‘innocent until found guilty’.

There are lots of easy things in this world.

The Secretary of the Judicial Services Commission (JSC), Manjula Tilakaratne was assaulted by four unidentified men in Mount Lavinia this morning.  It is easy to say that it is too early to ascertain the ‘why’ and ‘who’ of the attack and of course the ‘who was behind it’. It is also easy to point out that rivers have sources and trees have roots, as Himani Banerjee once said. It is easy to trace statements made by Tilakaratne over the past few weeks and to lay out patters pertaining to the relationship between executive and judiciary. Let’s do that now.

Over the past few weeks, many allegations have been leveled in the media against Tilakaratne and the JSC.  Tilakaratne has insisted that these were ‘malicious and baseless’ and opined that they may have been prompted by a media statement issued by him on the directive of the JSC criticizing alleged intervention in the judiciary by the executive.

The allegation followed a meeting between the President and the Chief Justice and two judges of the Supreme Court.  The word ‘summoned’ has been used.  The President at meeting with media heads recently denied this and in fact stated that he has not and does not intend to interfere with the work of the judiciary.

The speculation follows a Supreme Court determination that the ‘Divi Neguma’ bill presented in Parliament needed approval by the Provincial Councils.  Detractors of the Government have claimed that this may have irked both the Minister of Economic Affairs and the President’s brother, Basil Rajapaksa, and perhaps the President himself.

All this is pretty vague.  What is not vague is that friction between executive and judiciary is not new.  ‘This is My Nation’, the regular Sunday editorial page column outlined that history on September 30, 2012 (‘Wisdom of the judiciary should be respected’).

Thus the long history and the short of executive-judiciary relations cast an inevitable shadow on Sunday’s attack.  Other shadows too, for example countless examples of assault on known critics of the Government with law enforcement agencies failing to bring perpetrators to justice.

It is easy to order investigations, but we must take into account that consequent to the abrogation of the 17^th Amendment (or rather its replacement by the 18^th), effectively compromised the independence of the Police Department.  On numerous occasions, political hands have moved to tie Police hands or else the Police, recognizing possible and unhappy repercussions of carrying out its duty, has foot-dragged and looked askance.

It is easy to say a lot of things. It is difficult to do. J.R. Jayewardene did not throw stones or hoot judges. Someone else did.  Where did those hooligans obtain the guts to take on the courts?  The same questions can be asked right now.  If, as alleged, Tilakaratne is guilty of wrongdoing, there’s an established way of investigation and punishment.

Those who support the Government and the President must hope that this attack had nothing to do with the histories outlined above. Given the manifest absence of checks and balances in the overall structure of governance, including the lack of transparency and accountability, the truth is that over the past several years trust in law enforcement has been severely compromised.

Tomorrow the Mt. Lavinia Police might arrest a suspect or two or all the assailants.  That would not erase what is most likely to be the general response to such an eventuality: ‘framed’.

There’s a culture that’s been nurtured for quite a while now.  It is malignant.  That’s easy to say.  Sometimes, though, truth is the easiest thing to say.  And truth is what makes and breaks structures of power.  That too is easy to conclude.