Friday, October 12, 2012

The JSC Secretary Could Have Ended Up Like Prageeth Eknaligoda

By Asian Human Rights Commission -October 12, 2012

October 12, 2012

There was an attempted abduction of the Secretary to the Judicial Service Commission on October 7, near the St. Thomas College gymnasium. Had the attempted abduction of Manjula Tilakaratne succeeded, what might have happened is hard to guess. However, judging from previous abductions it is quite possible that he may have ended up in one of the following ways:

It could have been like that of Kumar Gunaratnam and Dimuthu Artigala, who were rescued after their abductions due to the intervention of the Australian High Commissioner after a massive publicity campaign immediately undertaken after their abductions; or it could have been like the case of Richard de Zoysa, whose body was found after his abduction and assassination; or he could have met the fate of Prageeth Eknaligoda, whose whereabouts remain unknown after his abduction, which happened immediately prior to the last presidential election.

The JSC secretary’s attempted abduction happened in a lonely spot. Had the four abductors succeeded, it would have been unknown for hours. No one would have known what had happened and the abductors would have had sufficient time to hand him over to their masters.

Given the high profile position held by Manjula Tilakaratne as secretary of the JSC, it would have been most unlikely that he would have been released alive if the abduction attempt had succeeded. The implications on the abductors and those who were politically responsible for the attempt would have been too much for that. If he would have been in a position to reveal what had happened it would have caused too much damage. In such circumstances the victims usually never reappear.

Sri Lanka is a nation with experience of abductions and enforced disappearances, which are numbered in the tens of thousands. The abductors and those who are engaged in disappearances in Sri Lanka have enormous experience. It is seldom that they fail in their attempts as they did in this case. However, whenever they succeed they know how to keep secrets.

All Sri Lankan governments during the last few decades have done whatever they can to keep the secrets about enforced disappearances intact. Despite many high level international interventions, there has hardly been even an iota of success in breaking down the secret codes of those who are engaged in such enforced disappearances.

By now, such enforced disappearances, which started with the abductions of rural youth, have reached the point of an attempted abduction of a former High Court judge who is the secretary of the Judicial Service Commission itself. Today hardly anyone considers him or herself as exempt from the threat of such abductions.

Prior to the abduction attempt, the secretary of the JSC warned that the life of the Chief Justice herself is under threat. No one treats such statements lightly. Everyone knows that anything is possible in Sri Lanka as far as abductions, enforced disappearances and extrajudicial killings are concerned.

There is an apparatus at work that does not leave any sense of security for anyone in the country. This internal security apparatus, supported by the intelligence services and maintained with the blessings of the highest political circles, is well entrenched itself in Sri Lanka. It has taken over 40 years since the first experiment in large scale extrajudicial killings in 1971 for this apparatus to become mature and wrap itself around the political life of the country like a python.

Ever since the failed abduction several highly placed government spokesmen have made public statements attempting to make light of the allegations from the secretary of the JSC. One minister said that the JSC secretary should not have been reading a newspaper inside his car but should have been with his son in the playground. Another said that the secretary had planned the attempted abduction himself. Yet another minister said that this might be the work of a third party to bring the government into disrepute. A government spokesman at a press conference said that the JSC secretary should not have made the press release that he made some weeks ago.

None of the actions or statements of the government showed any seriousness or genuine attempt to initiate any inquiries. Justice seems to be the remotest thing available to a Sri Lankan faced with a serious threat to his life and security.

Now the threatened ones are members of the judiciary itself. It is rather sad that during all these past 40 years or so the judiciary itself did very little to deal with the threat of abductions and enforced disappearances of easily over 100,000 persons in their country.

Belated as it is, it is time for the Supreme Court of Sri Lanka and all the judges to wake up to the threat posed to the rights of individual citizens in terms of their lives and security. It is the judiciary alone that can play the role of initiating the fight against a well entrenched evil scheme of abductions and enforced disappearances in their country. Now that one of their own had become the victim it is perhaps the final chance for the judiciary to take up the role it should have been playing to protect the civil liberties of all citizens.

All Sri Lankans and the international community should take this attack on the JSC secretary seriously, not only as an attack on an individual but as an attack on the institution of the judiciary itself, for the judiciary is the final resort for the protection of democracy.

PM Meets TNA Leaders; Says India Fully With SL Tamils

NEW DELHI | OCT 11, 2012

Prime Minister Manmohan Singh today affirmed India's commitment for a political solution to the Sri Lankan Tamils issue during a meeting with TNA leaders, who would now consider joining a Parliamentary committee provided Colombo assures they will not be "cheated again".

Singh also told a TNA delegation that India will not "backtrack" from its position that Tamils in Sri Lanka should lead a life of "dignity and self respect" in a peaceful environment, the team's head R Sampanthan said.

The Prime Minister said India would continue to engage with the Tamil National Alliance in its efforts to find a political solution to the decades-old Tamil question.

During separate meetings with Singh and External Affairs Minister S M Krishna, Sampanthan said the TNA would consider joining the Parliamentary Select Committee on finding a political solution provided Mahinda Rajapaksa Government gives a firm assurance that they would not be "cheated again".

Terming the meeting with Singh and Krishna as "extremely good", he said the TNA told the Indian Prime Minister that the party was committed to achieving a political solution but would want an assurance from the Sri Lankan Government that the "negativity" would be removed.

"Prime Minister said India would never backtrack from its position that Tamils in Sri Lanka should lead a life of dignity and self respect in a peaceful environment. He told us that India is fully with Sri Lankan Tamils and would continue to engage with TNA," Sampanthan said.

During the meetings, the Indian side also explained its position and how it was working with the Sri Lankan Government in implementing the 13th Amendment plus approach which envisages devolution of power to Tamil-dominated provinces, sources said.

India has been asking Sri Lanka to quickly follow-up the military victory achieved in 2009 with a political solution that fulfills genuine aspirations of minority Tamils.

During the meetings, India also apprised the TNA leaders of their position and stand on various issues relating to the political solution.

MPs of the TNA, which has emerged as the only credible representative of ethnic Tamils, told Krishna that the Tamils in Sri Lanka should be given an opportunity to lead a "dignified life" and there should be no effort to "cheat them again".

Here at the invitation of Krishna for consultations on the process to achieve political solution, the delegation told the Indian side that Tamils have the "genuine right" for a political solution and everyone should respect the traditions which are followed by them.

"If we get assurances that we will not be cheated again and that our people will not be deceived once again, we are ready to walk towards the path of finding a (political) solution. The negativity has to be removed," Sampnathan said.

Asked whether the TNA was ready to join the Parliamentary Select Committee, he said: "If the PSC has the intention of thrasing out a solution and has an agenda for (arriving at a political solution), we are ready to consider it. But, we are not ready to get cheated again."

The TNA has been opposed to joining the PSC, which the Sri Lankan Government has proposed to find out a political solution to the conflict, saying the agenda was not clear.

Sampanthan also claimed that Indian side did not ask them to join the PSC.

Commonwealth Studies At London University launched A Website On Sri Lanka’s Media Policy And Law

The Media Reform Lanka Initiative based at the Institute of Commonwealth Studies at London University on Thursday October 11^th2012 launched its website http://mediareformlanka.com/ which aims to broaden and inform the perspectives in which media law, media policy and regulation are debated and determined in Sri Lanka and the wider South Asian region.

Colombo based senior legal advocate and media columnist Kishali Pinto-Jayawardena in association with Dr David Page and Dr William Crawley, Senior Fellows at the Institute of Commonwealth Studies, and Co-Directors of the Media South Asia Project. (www.mediasouthasia.org) head the Initiative.

The work has generated two core papers on Media Freedom and Social Responsibility in Sri Lanka: A Review of the Legal, Institutional and Educational Framework Relating to the Print Media (co-authored by Kishali Pinto-Jayawardena & Gehan Gunetilleke) and on the Political Economy of the Electronic Media (co-authored by the late Tilak Jayaratneand Sarath Kellapotha). The research product encompasses a comprehensive analysis of media reform in reference to the print and electronic media, supported by key interviews with editors, journalists, teachers and administrators involved in Sri Lanka’s educational and self regulatory bodies in regard to the media. Senior lecturer in mass communications at the University of Kelaniya, Wijeyanandana Rupesinghe was of invaluable assistance in facilitating the work with university media teachers.

The Initiative has also commissioned new writing on Media, Policy and Law in Sri Lanka from a number of acknowledged experts and practitioners, including senior editor Sinha Ratnatunga, senior journalists Amal Jayasinghe, Ameen Izzadeen and Namini Wijedasa, academic Professor Sasanka Perera, Dr Jayantha de Almeida Guneratne, President’s Counsel, and web journalist and blogger Nalaka Gunawardene. These writings will be published later in an edited publication.

The Sinhala translation of the two core papers will be available shortly at leading bookshops in the country.

The Initiative seeks to promote Media Reform as a curriculum subject in educational institutions and to build up expertise in the subject both academically and among other key stakeholder groups. In an age of increasing globalisation and convergence, it aims to inform civil society of the importance of issues of media policy and law for freedom of expression and the safeguarding of the public interest. It also aims to widen the constituency which understands the changing international and technological context of the media in the early twenty first century.

The Media Reform Lanka website incorporates the results of a research Initiative which has involved a range of Sri Lankan institutions, scholars and media practitioners and has developed new writing on these important themes. The Media Reform Lanka research team has worked closely with educational and media institutions in Sri Lanka with a view to developing new curricula in Media Policy, Regulation and Law. The website provides content to support the teaching of such curricula and an accessible guide to the issues for different stakeholder groups. The Initiative focuses on the national context and circumstances of Sri Lanka and the existing capacity of institutions of higher education and training in the field of journalism, communication and the media as well as those devoted to the analysis of public policy. A secondary objective is to increase expertise and to promote greater understanding of problems common to South Asian countries and greater cooperation in finding solutions to them.

The website also offers an archive of research material – exegesis and analysis – generated by the research team and structured in a way that will give added value to post graduate students and faculty staff working in the field, and provide an accessible resource for civil society organisations and professionals in Sri Lanka, and other parts of South Asia.

How Can We Maintain Communal Harmony Between Rakhine Buddhists and Rohingya in Myanmar?

How Can We Maintain Communal Harmony Between Rakhine Buddhists and Rohingya in Myanmar?

Oct-11-2012

To maintain communal harmony between these two ethnic groups, the restoration of the Rohingya’s rights is essential.

Images of starvation among Rohingya people in Burma

(SITTWE AKYAB, Myanmar) - Arakan State is our homelands

We sing our songs with the same band We, Rakhine-Rohingya, are mutual friends Arakan is our only common land

Tension between Rakhine and Rohingya in the Arakan State of Myanmar, increase day by day. Rakhines show their hatred openly and demand segregation, as Rohingya people have been trying to reconstruct communal harmony between Rakhine and Rohingya.

These two brothers have been living in Arakan State harmoniously for centuries. The main allegation of Rakhine towards Rohingya is denial of Rohingya as their fellow citizens.

International communities are helping to reduce tension and build a peaceful Arakan. To maintain communal harmony between these two ethnic groups, the restoration of the Rohingya’s rights is essential. Without it, the very idea of a peaceful community might be a legend.

Two brothers, Rakhine and Rohingya, share the same place.

Rakhine believe in Theravada Buddhism and Rohingya believe in Islam; religion is not a barrier for these two brothers.

Buddhism emerged as a World religion essentially of peace and humanism influencing the religious, social and cultural lives of the hundreds of millions of people in the vast Asian continent and the world at large.

The religion of Islam which means peace, spread very fast in the world including Southwest and Southeast Asia between 8th and 14th century A.D through trading, no Muslim soldiers went to those areas.

In the Chittagong Hill Tracts, there are several monasteries which lean to Myanmar for religious inspiration and a number of schools in which children learn to read Burmese and Pali, an ancient Buddhist language. In 1576 Bengal became a province of the mighty Mughal Empire, which ushered in another golden age in India. The National Museum of Dhaka has a big hall reserved for Buddhist historical objects and contains unique sculptures in stone, metal and wood.

During the Burmese invasion in Arakan there was a mass migration of the Arakanese called Rakhin to southern Chittagong. After the Burmese war, a number of people left Chittagong to settle in Burma especially in the Akyab district.

The total population of Bangladesh in 2004 is about 125 million with only 1 million Buddhists Tibeto-Burmese tribes, living in Chittagong, Chittagong Hill Tracts, Comilla, Noakhali, Cox's Bazar and Barisal. According to historians, the Tibeto-Burman consists of 3 tribes - the Pyu, the Kanyan and the Thet or Chakma. The Chakma tribes are living in in the Chittagong Hill Tracts. The Kanyan tribe is known as the Rakhine group who still live in the South-Eastern part of Chittagong. Kanyan came from the Aryavarta or the country of the Aryans which is practically identical to the country later known as the Majjhimadesh or Madhyadesh in Pali literature.

The mid-19th Century was a turning point in the religious history of the Buddhists of Chittagong which in fact was the home of Buddhism in the then Bengal and undivided India. In that very dark age, the Buddhists were steeped in deep superstitions. The Sangharaj of neighboring Arakan most Venerable Saramedha Mahathero came on a chance to visit Chittagong in 1856.

Famine is affecting all
ages in the Rohingya community

He was shocked to see the condition of Buddhism with Tantric rituals and worship of false gods and goddesses. The Sangharaja Sramedha again visited Chittagong and Chittagong Hill Tracts in 1864 and took upon himself the task of reforming the prevailing Buddhism in accordance with Dhamma and Binaya of the Tripitaka.

Some Muslim prayer halls in Chittagong called Badar Mukam can be seen as you can see along the coastal areas of Arakan; in Sittwe there is one Badar Mukam which was built in 1727 , for many years, Badar Mukam of Sittwe was a Muslim Mosque, Rakhine authority removed Muslims community around the Badar Mukam and converted it into a Buddhist temple but you can see Islamic Membar stage inside .

In 1971, the East Pakistan came into being to be Bangladesh through a bloody war. In 1972, a Buddhist temple named Dharmarajik Bouddha Vihara was established in Dhaka, the capital of Bangladesh. In addition to this, Shakyamuni Buddhist Vihara, in Dhaka was also established. At present, there are 4 Buddhist temples in Dhaka.

Since 1965, Muslims are not allowed to build new Mosque, decorate old Mosques and banned all social and religious movements. Rohingya have never blamed Buddhists and Buddhism for the lost of their rights, they blamed only military regime.

Existence of the word Rohingya

The name “Rohingya” derives from Rohang/Roshang, an earlier name for Arakan. Dr. Michael W. Charney writes, “the earliest recorded use of an ethnonym immediately recognizable as Rohingya is an observation by Francis Buchanan in 1799. As he explains, a dialect that was derived from Hindi “…is that spoken by the Mohammedans, who have long been settled in Arakan, and who call themselves Roainga, or native of Arakan”. He further writes, “it can be asserted…that one claim of the Buddhist school in Rakhaing historiography, that Rohingya was an invention of the colonial period, is contradicted by the evidence.”

According to “The Crescent in Arakan of an Israeli expert Moshe Yegar “,the Arakan king of that period, Thirithudamma (1622-1638) had a Muslim counselor or doctor. Writers and poets appeared amongst the Arakanese Muslims, especially during the fifteenth to eighteenth centuries and there were even some Muslim court poets at the courts of the Arakanese kings. These poets and writers wrote in Persian and Arabic origin the mixed language, Rohinga, which they developed among themselves and which was a mixture of Bengali, Urdu, and Arakanese.

Since 1970s, Rohingya are not allowed to be the government servants; police, teacher, military, immigration, custom, worker in labor department, nurse, doctor etc. Deprive of Rohingya’s rights caused imbalanced communal stabilities.

Growth of Rohingya population

Rakhine authority and military regime accused that Rohingya people increase in high rate, they blamed Rohingya came from Bangladesh very recently. Many official documents proved that Rohingya are origins of Arakan State.

Mr. Paton, the British ruler of Arakan, in his report of 1825 stated that the total population of Arakan was:- Maghs 60,000, Muslims 30,000 and Burman 10,000.

Ethnic Cleansing Nightmare: Buddhist Bloodstains on Burma's Barren Soul

Honesty vital for peace in Sri Lanka

By JENNIFER GNANA , Posted on » Friday, October 12, 2012

LAST week UN Secretary-General Ban Ki-moon stated that a political solution had to be reached to resolve the conflict in Sri Lanka.

What he said would mean nothing to the thousands of Tamils scattered around the world, who are too afraid to return to their homeland.

The long-running civil war in the South Asian island nation concluded two years ago, but the deep wounds it left are yet to heal.

Among the Sri Lankan Tamil community in Bahrain, there is still an unsettling feeling about the prospect of sending children home.

Many who fled the civil war sought asylum in Scandinavia or the UK, but others chose to come to the Middle East and there will come a time when they have to return.

The fear is not misplaced as the Liberation Tigers of Tamil Eelam (LTTE) once recruited children and women to wage war against the Sri Lankan army to secure a separate Tamil state.

For many years, this beautiful island - inhabited by predominantly Buddhist Sinhalese, Tamils and various ethnic groups such as Malays, Burghers of European descent and Tamil Muslims - was divided by conflict.

Sri Lanka's Tamils allege discrimination by their own government and the scattered Tamil diaspora, which spreads from the Caribbean to Fiji, has over time been successfully integrated into foreign countries.

They have made several political and economic contributions to these states without standing apart and asking for their own country, with little to unite them except the ancient language they still speak.

Which is why, as a Tamil myself, the situation in Sri Lanka has always surprised me.

It is true that the Sri Lankan government has been unfair to the aspirations of some of its minorities, but the path that the LTTE chose - carrying out suicide bombings - did nothing to serve their cause.

The assassination of a former Indian prime minister on Indian soil in the early 90s is just one example.

But the worst atrocities, committed by the Sri Lankan army against Tamils during the last stages of the civil war in 2009, have been forgotten in the name of peace.

The UN estimates that more than 40,000 Tamils were massacred in a demilitarised zone when they were encircled by the oncoming army.

The media was banned and the UN pulled out of the country, making it difficult to estimate accurately and charge the government with war crimes.

The documentary Sri Lanka's Killing Fields, produced by Channel 4 last year, showed gruesome war footage - but was denounced as fake by the Sri Lankan government.

While the LTTE were no angels - allegedly positioning their own people in strategic places to slight the government - the atrocities committed by the army against women and children were horrific.

The fact that this took place in a safe zone and hospitals catered to the wounded makes it all the more unforgivable.

On the surface, everything seems back to normal in Sri Lanka, but it is still astonishing that the international community has yet to condemn the government and start criminal proceedings.

Even a neighbouring country like India, which has a significant Tamil population, has been reluctant to condemn the brutality.

If the Sri Lankan government is really committed to lasting peace in future, it is time it came clean about its own violent past.

WikiLeaks: US State Department Collected Information From INGOs

By Colombo Telegraph -October 12, 2012

“Nils Mork of CARE said that the organization had 300 representatives on the ground in Sri Lanka, 95 percent of whom were Sri Lankan nationals. CARE compiled situation reports from staff in the conflict zone once a week, and there were plenty of anecdotes that could be of interest for purposes of the congressionally mandated report. He promised to speak to his director and see if it would be possible to provide this information to the State Department.” the US Embassy Oslo informed Washington.

Ranveig Tveitnes

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 Ranveig Tveitnes, former country director for Forut, and Nils Mork, political advisor for CARE Norway. The Colombo Telegraph found the related leaked cable from the WikiLeaks database which is written by acting Deputy Chief of Mission Cherrie Daniels.

“Tveitnes, who was expelled from Sri Lanka without an explanation, explained that Forut, and a number of other international NGOs, had local staff on the ground with satellite phones who were able to provide brief but consistent text message situation reports. Tveitnes also would text specific questions to her contact and receive responses. She had compiled the messages from her contact and provided print outs to Ambassador Williamson. Forut continues to be one of the largest NGOs operating in Sri Lanka, feeding 60,000 Tamils per day. Tveitnes also referred Williamson to Guy Rhodes, a Geneva-based employee of the NGO umbrella organization Solidar, who, she said, had compiled reports from various NGOs which had maintained a presence on the ground in the conflict zone, including staff from Oxfam, CARE, Danish Refugee Council, Forut, ZOA Refugee Care, World University Service of Canada, and Save the Children. Ambassador Williamson later called Rhodes, who has since provided the compiled information. “ the acting Deputy Chief of Mission Cherrie Daniels further wrote.

Harim Peiris

Political and Reconciliation perspectives from Sri Lanka

Posted by harimpeiris on October 10, 2012

Last weekend, Judicial Services Commission (JSC) Secretary Manjula Tilakaratne was brutally assaulted by an armed gang outside St.Thomas College, Mt.Lavina where he was waiting after dropping his son there for a sporting event. The assault occurred after Mr.Tilakaratne on the instruction of the JSC had issued a much publicized press statement, that there were attempts by the Executive to interfere in the independence and the work of the Judiciary. The statement itself followed a refusal by the JSC, comprising the Chief Justice and two senior judges of the Supreme Court to respond to presidential summons, supposedly to discuss budgetary allocations for judicial training.

The attack on Mr.Tilakaratne was preceded by Cabinet level discussion his statement and pronouncements by government spokesmen that disciplinary action is being considered against him. Further the JSC and Mr.Tilakaratne was being vilified in sections of the State media and Mr.Tilakaratne publicly stated that following such state media vilification, he and his family’s personal safety was now at grave risk. Despite this obvious security risk, his security provided by the judicial security division (JSD) was withdrawn over the weekend, leaving him exposed as a sitting duck for the seemingly well planned and executed operation against him. The result was that many held the government responsible for this outrageous attack, notwithstanding the predictable condemnations of the same and the judiciary struck work for two days, closing down the Courts. The tensions between the judiciary and the government are clearly rising. The stoning of the Mannar Magistrate, the strong stand against the same by the Bar Association, now the assault on the JSC secretary, the state media campaign of vilification, all point to rising tensions between the judiciary and the executive. Where this will end is uncertain but for the government some caution and reflection is in order.

FUTA and Increasing dissent

This is a government, which from its apex downwards, uses public popularity as its rationalization and legitimization of all government action, populism taken to its logical conclusion. There is certainly some theoretical justification for this, since democratic governments are required to draw their legitimacy from the consent of the governed. However it is in such a context, that the government should pause and reflect on its current trajectory. The recent provincial polls demonstrated that despite a comfortable majority, the government had slipped noticeably in public support from its highs of the general elections of 2010. There is public discontent and dissent within the education system with the agitation by FUTA and for the sake of the young students and the next generations of Sri Lankans it is indeed welcome that the intervention of Minister Basil Rajapakse has brought some temporary relief and the return of university teachers to their duties, but much needed reforms in the state education sector need to be implemented and the government seems unmindful of them at best.

The Federation of University Teachers Association (FUTA) among other issues, raises the issue of state resource allocation for education, pointing out that Sri Lanka invests the least in education even among our peer group among the SAARC countries. This in a global economic environment, where the “knowledge economy” is the emerging trend and workforce education, skills and knowledge base the competitive advantage and the real driver of success in the future. Unsaid by FUTA but implied is the reality that Sri Lanka spends more on defense in peace time than in war time, a mind boggling fact for South Asia’s most militarized society, with close upon half a million men under arms, counting all three arms of the services, auxiliaries, civil defense, the STF and the police. Post war Sri Lanka has not really been able to enjoy an economic and financial peace dividend. Some release of pent up demand and government investment in infrastructure pushed up economic growth, without particularly reducing unemployment. But a sustained peace dividend through increased foreign and local direct investment is lacking. A serious debate on these national priorities was also absent, until FUTA stirred up the debate.

A weak and ineffectual opposition

The real political strength of the government is the hopelessly weak and ineffectual political opposition led by the UNP. Keeping an opposition divided is a primary political priority of any government and the Rajapakse regime shows it is not second to the JR Jayewardene regime in keeping the opposition in splinters. But as the SLFP demonstrated from the late 80’s onwards, there is a possibility to effectively challenge government policies and practices while working towards uniting the political opposition. The initial signs of broader coalitions of forces, all determined to push back and challenge the government on the broad issues of governance and democracy are raising their head. It is in the government’s own interest to pause, reflect, engage with these forces and perhaps revisit, review and revise its own policies and practices rather than a head on confrontation with all those that disagree with it in various areas of policy.

An ominous attack unsettles the country’s judges

Sri Lanka’s judiciary

An ominous attack unsettles the country’s judges

TENSIONS have grown in Sri Lanka between the executive and a beleaguered judiciary. They have prompted government claims of an international plot to pit one against the other, as “in Pakistan or Bangladesh”.

In September Manjula Tillekeratne, the secretary of the Judicial Service Commission, alleged in a press release that efforts were being made to destroy the independence of the judiciary as well as the rule of law. The statement was unprecedented in the 40-year history of the commission. The body is tasked with appointing, transferring and dismissing judges and other court officials. It comprises the chief justice, as chairman, and two other Supreme Court judges.

Then, on October 7th, four unidentified men assaulted Mr Tillekeratne as he waited in his car for his children to finish their tennis lessons. One of the assailants pistol-whipped him, while the others beat him with their fists and an iron rod. The attack took place on a public road in broad daylight in Colombo, the capital.

Mr Tillekeratne had told journalists that his life was in danger soon after he had issued the statement on the commission’s instructions. The statement alleged that the commission was being threatened and intimidated by persons “holding different status”. It said members had been summoned, but it did not reveal by whom. And it claimed the commission had documentary proof of how “relevant institutions” remained unconvinced about the importance of protecting the autonomy of the judiciary and commission.

The statement, with its many opaque references, was confusing. Clarity soon came from an unlikely source: President Mahinda Rajapaksa. He told reporters that it was his secretary who had called the commission for a meeting, ostensibly to discuss budgetary allocations and training for judges. Senior lawyers say it was more likely that the president had wanted to question the commission about the suspension of a certain district-court judge known to be close to the powerful Rajapaksa clan.

Relations between the chief justice, Shirani Bandaranayake, and the president are also strained. Her husband, Pradeep Kariyawasam, is being investigated over a questionable share transaction effected while he was chairman of the state-owned National Savings Bank. The Bribery Commission is appointed by the president and is notoriously lethargic on high-profile complaints. But it has fast-tracked the probe on this one. Activists had initially questioned how Mr Kariyawasam could hold position in a government entity while his wife headed the country’s top court. But he has been forced to resign, and legal practitioners now face open sniping between judiciary and executive.

The assault on Mr Tillekeratne drew condemnation from abroad. The International Commission of Jurists urged the government to bring the perpetrators to justice, and to ensure that judges were secure from assault and intimidation. In Sri Lanka district and magistrate court judges went on strike for two days in protest. Hundreds of lawyers and supporters demonstrated. The government reacted by accusing NGOs, Western governments and separatist forces of trying to destabilise the country—a familiar refrain.

The stand-off may yet grow more serious. On October 9th Chamal Rajapaksa, the parliamentary speaker, insisted that the Supreme Court had failed to comply with the constitution in the way it had conveyed a decision on a controversial bill to parliament. Mr Rajapaksa, who is one of several brothers of the president in government, said the court had erred in delivering the documents to the secretary-general of parliament and not to himself. This might be “muscle-flexing” as one activist put it. But judges and lawyers appear inclined to flex right back.
Related topics

WikiLeaks: US, Norway Planned To Arm-Twist SL Over Dual-Citizenship Of Rajapaksas And Fonseka

By Colombo Telegraph -October 12, 2012

“Several times during the discussions with Williamson, different MFA interlocutors stated that after the fall of Kilinochchi, the safety and security of GOSL soldiers became more important to the GOSL than measures to protect civilian life, and this resulted in various reckless practices, such as shelling villages to terrify and evacuate civilians. Another issue raised several times during the day was the U.S. citizenship or green card status of various GOSL leaders, and the Norwegians asked how pressure could be brought to bear on them through this avenue. Ambassador Williamson emphasized that this fell within the jurisdiction of the U.S. Department of Justice, which does not comment on its investigations.” the US Embassy Oslo informed Washington.

A Leaked “CONFIDENTIAL” US diplomatic cable, dated August 24, 2009, recounts the details of a meeting the US ambassador to Oslo Clint Williamson has had with a variety of high level Norwegian Ministry of Foreign Affairs (MFA) officials. The Colombo Telegraph found the related leaked cable from the WikiLeaks database which is written by acting Deputy Chief of Mission Cherrie Daniels.

Under the subheading “GOSL WAS WORRIED MORE ABOUT SOLDIERS THAN CIVILIANS” Cherrie Daniels wrote “After meeting with the NGOs, Ambassador Williamson met with Tore Hattrem, the current Norwegian Ambassador to Sri Lanka, Jon Hanssen-Bauer, the Norwegian Special Envoy for Sri Lanka, Wegger Strommen, Norwegian Ambassador to the U.S., Mr. Thomas Stangeland, MFA Deputy Director for Peace and Reconciliation Issues, and other MFA staff. Hattrem summarized the Norwegian view of the challenges to finding out about war crimes: that in all likelihood only 2-3 army officers knew about any given illegal action, that orders were given verbally, that government officials will not give evidence, and that the Tamils are afraid to give evidence. Strommen suggested that although Williamson cannot use information given by the ICRC directly, that information may be used as a cross-check against information gathered from other sources. Stangeland said that the Norwegian government was shocked by the extent to which, in the last stages of the conflict, the Sri Lankan army and government (a) said that its actions were proportionate, which turned out to be false, and (b) violated every guaranteed civilian “safe zone” that was supposedly put into place.”

Thursday, October 11, 2012

Gota in illicit arms deals: ship load impounded by Abu Dhabi Govt.

-Gota now in role of LTTE Sea Tiger leader Susai

(Lanka-e-News-11.Oct.2012, 11.30PM) Internationally it has become known that the SL defense secretary Gotabaya Rajapakse by posing falsely as representing the Govt. is engaged in illicit arms deals. A ship load transporting such arms based on Gota’s misrepresentations had been impounded by the Abu Dhabi govt. recently when it was in its territorial waters. It is now over a week since it was taken into custody.

The SL High Commission in Abu Dhabi had disclosed this information relating to Gota’s illicit arms carrying vessel that was impounded. These arms had been purchased from Israel. Gotabaya is scheduled to visit Israel regarding his illicit arms deals on the 20th.

When Lanka e news probed this sordid transaction it was discovered that the SL Govt. had not made any arms purchases from any country at this juncture.

In that event whose arms are these which are in the ship that was impounded ? To whom are these arms intended? Who paid for these illicit arms? To whom are these arms being supplied ?

While Gota and his crooked team are moving heaven and earth to suppress this colossal treachery , Lanka e news has the following details to reveal :

Gota along with former Army captain Nissanka Senadhipathy had made arrangements to have a floating armory in the sea far off Galle . Senathipathy is the one who runs the Avant Garde security service.

It is learnt that these arms had been earmarked for this armory. Hitherto in SL no private Company had the right to bring in arms in ship loads. In the whole world no arms Company supplies weapons in this illegal manner. That means , clearly Gota has made misrepresentations that these arms are being got down for the Govt. and shipped them after purchasing illicitly. The Dubai Govt. which got wind of this traitorous transaction had taken the vessel into custody.
Somathileke Dissanayake the former Navy Commander who is now on pension had recently done his utmost to get the vessel released from the Abu Dhabi Govt. without avail. It is to Dissanayake this floating armory is going to be entrusted which Gota and his crooked team are trying to establish . It had been agreed to pay a monthly salary of Rs. 800,000/-. This Navy Commander had sought to get the vessel freed on that ground. But, since countries of the world do not regard the intervention of a pensioned Navy commander, Somathileke had been appointed as an a advisor on ocean affairs of the President .

What is the motive underlying Gota’s aim to establish an armory outside the country in the seas off Galle ? If it is tried to justify that this armory is to supply arms to the protectors of pirates of the Somalia seas , it is a falsehood. This floating Armory must be for transacting illicit arms deals. The bottom line is, this illegal Armory of notorious Gota who is a powerful arm of the Rajapakse regime is no doubt going to pose serious threats to the national security of the country in the future. Ironically, it is the very defense Secretary of the country who is the architect of this grave jeopardy.

JHU monks besiege historic Munneasvaram Siva temple in Chilaapam

[TamilNet, Thursday, 11 October 2012, 17:16 GMT]
The Sinhala Buddhist extremist monks party, Jathika Hela Urumaya (JHU), which is a constituent of the Sri Lankan President Mahinda Rajapaksa's ruling United Peoples Freedom Alliance (UPFA), has been blocking the construction of ten-storied front tower (Rajakoapuram) of the several centuries old Munneasvaram Siva temple in Chilaapam (Chilaw) district in the North Western Province, according to the chief priest of the koayil, Mr Pathmanabakurukka'l.

Pathmanaba kurukka'l has said that the temple authority had made an application to the Madampe Divisional Secretary in May 2012 seeking permission for the construction of the front tower to the ancient temple.

However, Madampe DS has not given permission to the temple authority up to now.

During the preliminary work for the Rajagopuram construction, an ancient scripture was found and the Department of Archaeology has now said it belongs to Buddhist culture.

Meanwhile, Buddhist monks have begun to claim that a Bo tree found in the site proved that the area where the ancient Hindu temple is situated belongs to Buddhists and that no foundation should be constructed at the place for the Rajakoapuram.

The Saiva community in the area is perturbed over the twist of the history of the koayil by Buddhist monks and the SL Department of Archaeology.

The temple sources quote a statement made by the Jathika Hela Urumaya parliamentarian Ven. Ellewela Meththananda Thera to the media that the site where Munneasvaram temple is situated is a ‘sacred area’ for Buddhists.

Further, Buddhist monks say that the place where Vinaayakar temple is situated was earlier used by Buddhist monks as their residence and the Cheddiyaar Madam was used as Buddha Chaitya.

Temple sources say no permission is needed from the Divisional Secretary of the area to construct a Vihare but permission is needed for the construction of a Saiva temple in the traditioal Tamil homeland, which is under the colonial occupation by the Sinhala Buddhist unitary state in Colombo.