I will never returns to Sri Lanka: Jansz

Saturday, 10 November 2012 The Sri Lankan newspaper editor told by a government official she would be killed – but who was denied protection in Australia – has fled Colombo for political asylum in another country.

Frederica Jansz was told by Sri Lankan Defence Secretary Gotabaya Rajapaksa, the brother of the country’s President, that if they were at a function together ”I will tell people this is the editor of the Sunday Leader and 90 per cent there will show that they hate you … they will kill you”. Mr Rajapaksa said he was harassed by the paper and the language he used was in common use, Morning Herld newspaper reports. In September, Jansz applied for a humanitarian visa to resettle in Australia, but was denied. Two weeks ago, after she was warned her passport would soon be seized, she fled Sri Lanka with her two sons. She is living in a western country and is applying for political asylum.

In The Event Of A Political Miracle, What Happens To The Pandankarayas?

By Emil van der Poorten -November 10, 2012 

Emil van der Poorten

Having just completed reviewing a children’s fairy tale containing equal parts of whimsy, kindness and the acceptance of “difference,” all underpinned by those traits that make humans that much better than the lower forms of life, I thought today’s column would afford me the opportunity to emerge from this flood of decency and enter the real world of Sri Lankan politics!

However, I thought I’d build what I have to say and surmise on a foundation of wishful thinking provoked by the review referred to earlier.  What follows is based on an unrealistic, fairy-tale ending to the nightmare of a government that even some of their number admit as being the most inept and corrupt that this country has had to endure since independence in 1948.

Let me begin by defining and describing, by category, those who need attention in the unlikely event of the current junta being divested of its power.  While their behavior has resulted in huge losses to the nation, it must be appreciated that the conduct of all of those referred to in what follows must be viewed in the context of a particular political culture for which they themselves might not be responsible.

1. The lowest on the totem pole of culpability are probably the monumentally ignorant who take pride in and encourage the “discipline” exerted on the people of Sri Lanka by our current rulers.  These are true believers in the “mantram” of xenophobia, which chants that within the shores of Sri Lanka is a master race, incapable of so much as making a mistake and that the current regime epitomizes all that Sri Lanka should aspire to be.  Their conduct would have a Hitler or Mussolini chuckle with glee (or, maybe, blush in embarrassment!).  They have not only repeated their chants glorifying those they see as their leaders but have sought to thrust their beliefs down the throats of any unsuspecting soul who might have had the misfortune to have strayed across their path!  So far, they’ve done very well, thank you, with the assistance of a government only too ready to shore up their sycophantic brigades whenever they believed that those brigades needed shoring up.  Since the majority of these have already displayed their ability to transfer their allegiance from one political configuration to another, it would be unrealistic to ignore their capacity to provide a repeat performance when the next change occurs.

                                                                                          Read More

Jail attack true story : High and mighty Gota the devil incarnate must answer for all the murders and violence
(Lanka-e-News -10.Nov.2012, 8.00PM) It was because 
of the unlawful actions taken by the SL’s brute of a defense Secretary who rides the high horse (only to have a heavy fall ) all the time and widely considered as a devil incarnate and who is at the bottom of every lawless murder and crime in the country, ruthlessly abusing the infinite powers he wields , that had unnecessarily provoked the Welikade prison mini battle which raged yesterday evening (9) between the police STF that went to conduct a search and the prisoners, for the IGP , the police chief has categorically stated that he was totally unaware of such a search , according to police inside sources speaking to Lanka e news. Hence , it is Gota the infamous devil incarnate , as always had been the root cause and architect of this uncalled for scene of violence where many prisoners were shot at and killed in cold blood while several others sustained injuries.

So far 30 prisoners have died , and they have been brought to the Colombo Hospital , while some other dead bodies of prisoners are still within the prison . Another 11 prisoners are in a critical condition.

According to reports reaching Lanka e news , because the STF obstructed them from being taken to Hospital they had died. 
In SL since Gota became the defense Secretary under this Govt. riots and violence within the prisons too like across the entire country have rapidly escalated. In January this year , 25 prisoners and 4 jailors were injured following violence within prison . The courts made it abundantly clear on that occasion that since the prisoners are jailed on instructions from courts , it is the latter that should decide upon them , and neither Gota the defense Secretary (irrespective of his acute megalomaniac condition ) nor the defense division can interfere. Despite these clear instructions from the independent sacrosanct courts , again , without any court directives , on the 9th ( yesterday) , this uncalled for violence in the prisons had been created wantonly leading to the death of many prisoners . Behind this violence and deaths is defense secretary Gota ,the devil incarnate and the architect of all murderous operations in the country was testified to by the fact that it is he and he alone who had given instructions to the STF commanding officer , Commandant R M W C Ranawana ,DIG to conduct the search . This lawless action became known when inquiries were made by the IGP ‘s administration center from the IGP who had confessed to his ignorance of this whole episode after the violence erupted in the prison.                                        Full story >>

Carrying the ‘cross’ on her shoulder

Sunday 04 November 2012

In the domain of liberal democracy a motion to impeach a judge of the Supreme Court is a serious matter. That is permissible only if either there is suspicion of insanity or some problem akin to it. Analysis of an impeachment of any judge in the post modern world shows that the whole of intelligentsia in that country and in related countries were participants in one way or the other in the judgment. It was a public and transparent process where intimidation, political pressure and discrimination were at a minimum. Such a clear show was necessary to counter what happened under both fascism and Stalinism. It was made transparent so that the public were generally aware of the allegations – before those allegations are formally brought up. 

The greatest sin...
The situation here is very different. The Mahinda regime preached about the responsibility of the judiciary and the respect given by the people to the judges and magistrates. Indirectly, the people were made to suspect that the CJ had misbehaved. The public is now aware of the allegations against the Chief Justice Shirani Bandaranayke. Before that, the whole thing was submerged in secrecy. There were campaigns, all political, against the CJ. Already, in the public domain, she is convicted of treachery and indecency. Village humbugs who rule the country thereby have converted her to a modern day Jesus Christ. It is clear that she is victimized for exposing the limitations of Parliament and the central government, in relation to the 13th Amendment. That is the greatest sin she has committed. Jesus became a conspirator and a criminal because he preached that all humans are equal and of single divine birth. Shirani has to bear the cross for saying that devolved power to the provinces cannot be simply overruled; that power sharing in the 13th Amendment is real. Her decision exposed the hypocrisy of the Mahinda Chinthanaya. That is her real crime. Jesus went against the laws of the Roman Empire and the Jewish claim of selected race, when Jesus said all humans are equal. In the same manner, Shirani violated the rule of Sinhala chauvinism when she ruled that the 13th Amendment obstructs Parliament in relation to the devolved subject.

No power sharing
Mahinda has so far maintained his support to the 13th Amendment indirectly, as long as it is a mechanism for decentralization and diversification. But it cannot be a power sharing mechanism. When Shirani made it clear that the Constitution and the 13th Amendment stand for something different and devolution is already there, the regime faced a crisis. Now they do not care for the rule of law or the Constitution. What they want is to frighten and terrorize all those who are prepared to defend sharing power. So it is clear that Shirani has to be crucified in order to save the great hero of war, the man who finished the idea of Tamil liberation. She has become the goat to be sacrificed for the unitary state of Sinhala chauvinists. 

Political mudslinging
The struggle of the government is not within the law. It is already a war conducted by terror and wild allegations. She is threatened to deny and change the ruling she has given already. There is clear evidence to establish that the government was involved in the attack on the JSC secretary, Manjula. Also it is clear that political mudslinging at Shirani is backed by the regime. In fact, GL behaved like a Stalinist Red professor in the recent adjournment debate in Parliament on the JSC. The Minister of External Affairs, in real terms, justified the attack on the JSC on the basis that its secretary was appointed contrary to the Constitution. He argued that according to the Constitution, only the senior most member of the minor judiciary can be appointed as the secretary of the JSC. 
Manjula was 29th in the seniority list; and therefore should not have been appointed as secretary. There are no such provisions in the Constitution and it exists only in the head of the local Red Professor. Outside parliament, using the state media setup, the government is having a carnival of mudslinging and false propaganda against a woman who has given a historic judgment.

‘A universal court’
Mahinda knows that Parliament cannot act as a court in this case. It is clear that cases such as these are to be decided by courts and institutions that have been established to adjudicate judicially. However, MPs are made to believe that they can become a universal court in the name of the people. What they really expect is for this woman to break down and cry for help. In that way they expect to remove a stumbling block in their path to arbitrary rule. 
The time has come for all of us to defend the woman carrying the cross on her shoulders. She may have done her job neatly not knowing the historic value of her stand, and maybe she has made mistakes in her judicial career. She and her family may not be the true example of a committed household, living according to norms and traditions within Lankan society. But whether she likes it or not, she is in the middle of a struggle against injustice and discrimination. 
That makes her the women carrying the cross on her shoulder.

The Judiciary Should Take Politics Seriously

By Kalana Senaratne -November 10, 2012

Kalana Senaratne

The clash between President Mahinda Rajapaksa and Chief Justice Shirani Bandaranayake, popularly (and wrongly) perceived as a battle between the executive/legislature and the judiciary, does not provide much hope for the latter. Both parties are presently engaged in a drive to convince the people of their narrative, their case. President Rajapaksa’s publicity campaign, as well as the manner in which some of the charges against CJ Bandaranayake have been framed (with prominence given to matters of financial impropriety) has had an effect among the people. That CJ Bandaranayake has understood this is reflected in the response issued by her through her lawyers, denying these serious charges; implying further that the rest of the charges are so flimsy that the trouble need not be taken to even refute them.

The immediate outcome of this personal rift may not be surprising. 14 ‘impeachable’ charges have been leveled, with a minimum of 1 charge being needed to be proved. 11 Parliamentary members are to decide the case, with 7 of them from the governing coalition (which has already decided that CJ Bandaranayake should be impeached). So the outcome is somewhat clear. Perhaps the only thing that CJ Bandaranayake can do is to transform this impeachment-process into a mission which will, inter alia, expose the government and any shady dealings of its members, the instances when (as claimed) the higher judiciary in particular was intimidated, etc.

However, what is perhaps clear is that the present clash has once again shown the fragmentation of Sri Lankan politics (especially opposition-politics) and the challenges confronting anti-government political resistance within the country.

Divineguma Bill

Initially, numerous reasons were adduced to explain the rationale behind the move to impeach the CJ Bandaranayake. Many critics pointed out that the move was largely prompted by the SC’s initial determination on the Divineguma Bill. Having to consult the Provincial Councils (PC) was considered to be a significant blow to the government.

But placing too much emphasis on this was problematic for a number of reasons. For instance, the initial SC-determination was not a radical or unprecedented one anyway; the SC has, on previous occasions, determined that certain Bills required the approval of the PCs, even the approval of the people at a referendum (as the erstwhile UNP-led government was made to realize in 2003, regarding the two SC determinations on the Land Ownership Bill and the Water Services Reform Bill). In the present case, given its majority in Parliament, the composition of the PCs and the state of the opposition, the government would not have been overly worried by the SC-determination.

A more nuanced argument would therefore be that it was largely the status of the Divineguma Bill vis-à-vis the Northern PC that really concerned the regime. The most recent SC determination spelt out that the Bill needs a 2/3rds majority in Parliament given the absence of the Northern PC. Yet, the response of the government has been to announce that it would move the necessary amendments during the Committee Stage of the Bill, in keeping with the SC-determination. In the final analysis, not much has happened to compel the government to withdraw the Bill. Like the 18th Amendment, the Divineguma Bill seems to have sailed through comfortably; exposing, inter alia, the impact that the judiciary can make within the current constitutional framework, even when it calls for the approval of Bills by a 2/3rds majority in Parliament.

CJ: misreading government antics and implications                                                 Read More 

One month ago JSC secretary was attacked ; now impeachment , next heaps of corpses will greet people (Lanka-e-News- 09.Nov.2012, 11.30PM -A Critic-) It was one month ago on the 8th of October , the worst black stain tarnished the judiciary in SL’s history when a brutal attack was launched on judge Manjula Thilakaratne , the Judicial service Commission (JSC ) secretary by the licensed thugs of the MaRa regime in broad daylight. It is even more noteworthy that the MaRa regime had not been able to apprehend a single culprit in this ruthless assault until today.  Instead of a proper and profound investigation into this attack on a judge , the police which failed even to take the fingerprints in connection with this attack, is instead misleading the entire country by making public announcements about the exchange of phone calls in the area , and that over six lakhs phone calls have to be investigated . The police is going round and round in a ‘merry go round’ frolicsome ride like school children while neglecting their duties and not conducting a proper investigation . If this is the latest investigation methodology of the SL police - investigating every telephone call of the area , it is kindergarten knowledge that no culprit can be apprehended .  The Judges Association after staging a strike for two days , abandoned it. The Bar Association went on protest processions for two days, and then forgot it. The opposition too held media briefings and then went into hiding within its cloistered walls.  The judge Manjula Thilakaratne on the other hand , the victim in this most ghastly and ugly episode in the judicial history is after taking treatment for the injuries sustained, forced to watch and wait helplessly these spurious dramas enacted , including the fake ‘greatest show on earth ‘ produced by the SL police during the investigations  On top of this ,the MaRa regime as part of its witch hunt against the sacrosanct judiciary has tabled a fake and freak impeachment motion in Parliament which is now in tatters ,with the aim of mudslinging at the Chief justice,                       Full story >>

Choksy, I Was Shocked And Amused On Your “Caesar’s Wife”

Nihal Sri Ameresekere

By Nihal Sri Ameresekere -November 10, 2012 

Mr. K.N. Choksy P.C.

23/3, Sir Ernest De Silva Mawatha,

Colombo 7.

Mr. K.N. Choksy,

I was shocked and amused on your views titled ‘Mechanism and Process for the Impeachment of the Chief Justice’ / ‘Making the Judiciary Accountable’, in the media – and the duplicity of your comment – ‘There is an accountability process in every sphere of public service in its broad sense’, and that Judges must be like “Caesar’s wife” i.e. beyond any suspicion whatsoever’.

It would appear that you have suddenly woken, oblivious of your own deeds:

1. Whilst you being a Member of Parliament accountable to the people, did you not try very hard to obstruct my prosecution of the fraud on the construction of the Hilton Hotel ?

Thus were not, inter-alia, the following observations of the District Judge in issuing interim injunctions upheld by the Supreme Court, an indictment, among others, specifically on you ?

 #      the other Defendants, [i.e .the Directors], as persons having connections concerning the said Hotel business, having intervened therein in such matter, acting to obtain the said monies, had not readily acted to conduct a correct examination …… they having prevented such correct examination, were attempting to, howsoever, effect the payment of monies.

#      they are exercising the influence, that they have gained in society, acting together with the Company, to prevent the raising of the questions concerning the matters of the work in connection with the Contracts, the Prospectus ……  they were acting through such collaboration, in a manner amounting to defeat the interests of the Shareholders of the Company.

#      The significance, that is shown herein, is that generally, the Company which has to pay money, would be raising questions, in respect of such situation, and would not allow other parties to act arbitrarily…If the position, that explains this is correct, then this actually, is an instance of acting in fraudulent collusion”.             

2. Though a Defendant, with your wrong-doings adduced before Court, you having been unable to file Objections in the District Court, did you not questionably appear through Counsel in the Court of Appeal, adducing the frivolous argument, that I had no right and status to have instituted such an action in my own country ? Did not the Supreme Court consequently refuse to hear you, and uphold my action as a seriousprima-facie case of fraud, with every prospect of being successfully proven ?

3. Your wrong-doings, vis-à-vis, these frauds were well and truly set out in the Written Submissions tendered to the Supreme Court, settled by President’s Counsel by Messrs H.L. de Silva P.C., and K. Kanag-Isvaran, P.C.

4. Did you not endeavour to abuse your power and position as a Member of Parliament and later as a Minister, to influence President Premadasa and President D.B. Wijetunga, in whose presence you were proven by me to have uttered falsehoods ?

5. Were you not served with a Charge Sheet under Section 9 of the Special Presidential Commission of Inquiry Law by Supreme Court Judge P.R.P. Perera and Appeal Court Judges H.S. Yapa and F.N.D. Jayasuriya, after investigations having been conducted by Officers of the CID assisted by Solicitor General, Mr. Douglas Premaratne P.C., and having recorded the evidence of 24 Witnesses and obtained a Report of a Panel of 3 Chartered Architects, inter-alia, stating thus ?

“…….. acts of commission and/or omission on your part were fraudulent and were detrimental to the interests of the said Company and/or the Government of Sri Lanka, in its capacity as the major Shareholder, causing financial loss and damage to the said Company and/or the Government of Sri Lanka” ….. you are hereby required to show cause as to why you should not be found guilty of misuse or abuse of power and/or corruption and/or commission of fraudulent acts in terms of Section 9 of the Special Presidential Commission of Inquiry Law No.7 of 1978, as amended”

6. Did not the Special Presidential Commission make a ruling on your Written Submission, inter-alia, as follows ?

“We are of the unanimous view that in this respect he (reference being to Mr. K.N. Choksy P.C., M.P.) has stated untrue, erroneous and false facts, which necessarily has the tendency to mislead and deceive the public in general, and the members of this Commission …..… In these circumstances, it surprises and startles this Commission how Mr. Choksy with a conscience and consistent with his duties as Counsel to the Commission, making submissions to the effect that the Supreme Court refused to adopt the English law as laid down in these two English Cases and held that the English law did not coincide with the law of Sri Lanka.”

and after which you deliberately abandoned appearing before the said Commission to evade being  held accountable ?

7. Would you disclose to the public, as to the circumstances under which, President Chandrika Bandaranaike Kumaratunga did not extend the Warrant of the Special Presidential Commission ?

8. Were not the perverse amnesties in the guise of an Income Tax Amnesty presented by you to Parliament, as the Minister of Finance, pronounced by the Supreme Court to be, inter-alia,  inimical to the rule of law, violative of the ‘Universal Declaration of Human Rights and International Covenant on Civil & Political Rights’, and that it had defrauded public revenue, causing extensive loss to the State, resulting in the ouster of the then Government and the said perverse Legislation being repealed ?

9. Is it because that the present Chief Justice Dr. Shirani A. Bandaranayake had been a Member of the 5 Judge Bench of the Supreme Court, which made the aforesaid pronouncement condemning your Statute, that prompted you to make your aforesaid statement to the media concerning Her Ladyship the Chief Justice ?

10. Was it not disclosed in the Supreme Court in a Golden Key Case that you had been a very large depositor, and subsequent to disclosure by the Directors to Court, that a property alienated by you, had been agreed to be returned (SC (FR) No. 317/2009 and MC No. B7773/1/2009) ?

In the context of the foregoing, could you explain to the public your pontification that – ‘There is an accountability process in every sphere of public service in its broad sense’ ?

You refer to international precedent and legislation in other domains, such as the US and Australia. What would the consequences have been on your aforesaid conduct and actions in those foreign domains ?

Nihal Sri Ameresekere, F.C.A, F.C.M.A., C.M.A., C.G.M.A., C.F.E.

A media booby trap to immobilize CJ

A massive media operation has been launched by the government to force Chief Justice Dr. Shirani Bandaranayake to resign due to the impeachment motion brought against her.

A wide publicity that is very partial has been given to the 14 allegations included in the impeachment motion. Also, deploying various individuals a campaign is being carried out through the state media and the media that has been cowed down to state that it is not ethical for the Chief Justice to remain in the position when an impeachment motion is brought against her and demanding her to resign.

Legal experts’ view regarding the planned media operation of the government is that the Chief Justice should not resign. Their view is that she should confront impeachment allegations.

They say if the Chief Justice resigns the government could appoint another CJ and also they would carry out a massive media campaign stating Dr. Shirani Bandaranayake resigned as the allegations were genuine

An Open Letter To The Left Parties And The SLMC: Don’t Vote For The Divineguma Bill

By Laksiri Fernando -November 9, 2012 

Dr Laksiri Fernando

It is quite unfortunate that the Government is determined to impose theDivineguma legislation through a two third majority on the people of the North without consulting them at all through an elected Provincial Council. There is a major difference between the use of a two third majority to pass such legislation with consultation of the people and without consultation. Under the system of devolution, it is like ‘taxes without representation.’ This is particularly so when considering the specific situation of the Northern Province, politically, demographically and historically.

The Bill is inimical to all provinces and Provincial Councils although this was not properly understood when it was hastily referred to the existing Provincial Councils. There are however major repercussions in the case of the North we all should be concerned about. This is the time to correct it.

The Government has completely failed to hold elections for the Northern Provincial Council without any valid reason, even after three and a half years since the end of the war. People are aggrieved about the situation, to say the least. This is a deprivation of a fundamental right that the people of other provinces are exercising. While the majority of the people are obviously in complete disagreement with the Divineguma Bill, they are not in a position to legitimately express or protest, because of the virtual Army Rule in the province. Before deciding on your vote on the Bill, therefore, there are three major issues that you specifically need to consider.

1.      Is the Bill so important to risk another cycle of conflict in the North?

Absolutely not. The impact of the Bill in essence will be like the impact of the Sinhala Only Act or much worse given the recent past history. It is discriminatory on the Tamil, Muslim and Sinhalese population living in the North. Passing of the Bill and imposing it on the people in the North, by a two third majority, will particularly alienate the Tamil people from the Sri Lankan polity further and give a possible opportunity for the separatist and extremist elements to organize themselves again in the near future. The imposition of the Bill is undemocratic and goes against all the tenets of religious, cultural and democratic traditions of the country.

2.      Can the Divineguma be implemented under Samurdhi as it is done today?

Yes it can. No one would oppose the ‘objectives stated’ in the Bill. But the structures proposed are quite detrimental to the very objectives. There is no reason to create a Super Class Department instead of the existing Authority. More importantly, it is high time to implement all development programs in the country in coordination and cooperation of the Provincial Councils. The present Divineguma Bill not only by passes the provincial structures but also creates different structures at the community, divisional and district levels, completely detrimental to the existing administrative structures of the country. These structures would lead to large scale corruption and mismanagement of funds which are meant to be for the poorest of the poor people.

3.      What are the implications of the Bill passing haphazardly on Devolution in the country?

Implications are quite tremendous. If this Bill is passed especially with a two third majority, it would be the end of devolution in the country. The Bill takes over many functions that could be jointly and cooperatively implemented by the Centre and the Provinces. These are the functions of the Concurrent List. Under this Bill, these functions are centralized and would be implemented bypassing the Provincial Councils. There had been so many clauses directly and indirectly going against the 13^th Amendment. The Supreme Court has highlighted the main. Even with the suggested amendments, the Bill will remain in opposition to the spirit of the 13^th Amendment and many other fundamental norms of democracy. Also consider the political atmosphere created in support of the Divineguma Bill. The proponents are advocating complete abolition of the 13^th Amendment and the Provincial Council system.

There are other background factors that the Left Parties and the Sri Lanka Muslims Congress (SLMC) should take into account not necessarily in any priority order. (a) The rise of intolerance against minorities and minority rights. (b) The curtailment of welfare (i.e. health and education) and the disregard for workers’ and peasants’ rights. (c) The breakdown of rule of law and the assault on the independence of the judiciary. (d) The general deterioration of democracy and the failure to bring a political solution to the ethnic conflict. (e) Violence and violations with impunity.

In the midst of all these developments, if the Divineguma Bill is imposed on the Northern Province, it would be the death knell of devolution in the country. The best option for the country would have been to ask the Government to withdraw the Bill. As it is too late, oppose the Bill in order that the Bill would not receive a two third majority and would not be imposed on the Northern Province. This appeal is made for other MPs as well.

Don’t Vote for the Divineguma Bill.    

Related posts;

Will SLMC And Left Parties Give The 2/3 Majority Needed?

Sleepless Nights For Pro-Devolution Parties- Two-Thirds Ghost Haunts

16 killed, 45 wounded, prisoners clash with SL commandos in Welikada

[TamilNet, Friday, 09 November 2012, 13:17 GMT]
16 inmates were killed and more than 45 have sustained injuries in a clash between Sri Lankan Special Task Force elite commandos and Sinhala hardcore prisoners, initial reports from Colombo said. A group of STF elite commandos, who entered the Welikada prison in Colombo, on a search operation has provoked anger among the Sinhala inmates after engaging in verbal abuse against the prisoners. The rioting prisoners seized an arms storage at the prison and started firing against the STF personnel, wounding 13 of them. One of those wounded was a Deputy Inspector General, news sources in Colombo said. 

The section affected by the riot in the prison was the quarters of hardcore criminal inmates and remand prisoners, most of whom are Sinhalese.

As the prisoners began to stone the STF commandos and seized the weapons from the prison, additional troops were rushed to control the riot that has erupted inside the prison. 

In an earlier history, the Welikada prison, called the “maximum security Central Jail” in the island, had turned out to be notorious when over 50 Tamil prisoners had been massacred by the Sinhalese guards and prisoners during the anti-Tamil pogrom in July 1983. 

Tamil prisoners were not affected by the riots on Friday, according to initial reports. 

More than 200 Tamil political prisoners, arrested under the Prevention of Terrorism Act (PTA), are kept at this Welikada prison. They are kept in detention without any charges filed against them for a prolonged period of time.

The Tamil inmates have been protesting for several years demanding action to release or to initiate legal proceedings against them.

'Eleven killed' in clashes at Sri Lanka's Welikada prison

Some reports say the police may have been searching for drugs and smuggled mobile phones

At least 11 people have died in clashes between inmates and guards at Sri Lanka's Welikada prison in the capital Colombo, hospital officials say.

Dozens more were injured when police commandos came under attack while conducting a search at the prison.

There are reports of ongoing gunfire, and that inmates have seized weapons. The army has been called in and surrounding roads are closed.

Up to 4,000 inmates are held in the jail, which has seen violence before.

In January 25 prisoners and four guards were wounded when clashes erupted, and in 2010 more than 50 police and prison guards were wounded during a raid to seize mobile phones.

After the latest violence the director of the national hospital, Dr Anil Jayasinghe, told the BBC: "Ten people were brought to the hospital dead. A further 37 have been admitted suffering injuries, amongst them prison and police officers."

A prisoner who was in the jail at the time told the BBC Sinhala's Saroj Pathirana that clashes broke out when police commandos entered the jail, taking prisoners out of their cells and handcuffing them.

Some reports say the police may have been searching for drugs and smuggled mobile phones.

The prisoner told our correspondent that inmates seized weapons from the prison's weapon store during the confrontation.

Eyewitness reports say inmates were seen waving rifles from the roof of a prison building. But a senior advisor to the prison ministry told BBC Sinhala that the situation was under control.

Welikada under siege

Mannaar fishermen attack Badurdeens ‘development’ project

[TamilNet, Thursday, 08 November 2012, 23:54 GMT]
Fishing farms earmarked in the Mannaar Sea and that are allocated to his supporters by SL minister Rishard Badurdeen, were destroyed by a group of 450 villagers on Friday in protest against the destructive ‘development’ planned by the Colombo government that hampers their fishing industry. 

Badurdeen's supporters had appropriated about 10 acres in the sea and had set up fishing farms in Theavanpiddi area in Maanthai West. The move by the SL minister had deprived 210 fisher families of their livelihood. 

The SL minister’s supporters also prevented fisher families from engaging in fishing. 

The matter was brought to the notice of politicians and SL government officials but they failed to take prompt action to provide redress to affected fisher families.

On Friday about 450 members of fisher families walked into the sea and caused heavy damages to fishing farms established by SL minister’s supporters. 

A team of the Sri Lanka Navy stationed in the area rushed to the site on receipt of information and began attacking the protestors, injuring 10 of them, sources said.

WTC resolution endorsed by Tamil delegates from NE, diaspora and TN

Mavai Senathirajah, TNA (central, speaking)

08 November 2012

Delegates at the World Tamil Conference - including Tamil activists and politicians from the North-East and the diaspora, as well as politicians and civil society activists from Tamil Nadu - gathered at the British Houses of Parliament for a second day to discuss and endorse the resolution proposed.

The resolution put before the delegates, which received widespread backing on the first day, including by several British parliamentarians, called for an international, independent investigation into the allegations war crimes, crimes against humanity and crimes of genocide by the Sri Lankan state against the Tamil nation.

Specifically, the resolution urged the international community to push for four key points:

1) Take immediate steps to provide for space for free flow of information that would bring to light as to the ground realities prevailing in the North and East of the Island of Sri Lanka.
2) To stop decimation of the Tamil Nation by the Sri Lankan State.
3) To stop Sinhalisation of the Tamil traditional Homeland.
4) To demilitarise the Tamil People’s Homeland for the people to exercise their democratic rights free from fear of persecution.

Delegates from the North-East included Gajendrakumar Ponnambalam of the Tamil National People's Front (TNPF) and Mavai Senathirajah of the TNA. Gajendrakumar Ponnambalam urged Tamils both in the North-East and in the diaspora not to feel defeated in the wake of the events of 2009. Civil society activists from the North-East asserted that the it is the role of Tamils outside the island to articulate the aspirations of those back home, not merely to articulate just what is possible or be straddled by concerns of pragmatism, and urged the Tamil nation to move beyond the framework of the LLRC.

Seated left to right: T Gandhi of the May 17th Movement, Prakash Padayachi, Jude Lal Fernando, Mavai Senathirajah of the TNA

Diaspora organisations including co-hosts British Tamils Forum (BTF), Global Tamil Forum (GTF), USTPAC (United States Tamil Political Action Council), CTC (Canadian Tamil Congress), Tamil Youth Organisation (TYO) and the TGTE. In a written address, Father Emmanuel of the GTF highlighted the unique role that Tamil Nadu politicians need to place, and urged Tamil Nadu political parties to rise above electoral politics and lobby as a united body for the rights of the Tamil nation in the North-East. V. Ravi of the BTF also reiterated this, echoing the call on Tamil Nadu political parties to work decisively to lobby the central government in New Delhi.

Delegates from the TYO

Welcoming the resolution as an "unanimous recognition that the situation is one of the genocide of the Tamil nation", the TYO questioned was critical of the resolution's fourth call on the international community stating, 

"The statement implies that demilitarisation of the North-East would lead to Tamils being free from the fear of persecution. The TYO believes that given the long history of genocide, so long as the Tamil nation is within a united Sri Lankan state, it cannot be free of persecution."
"We also express concern that the statement implies that demilitarisation would lead to Tamils having democratic rights when in fact it was the failure of the post-colonial Sri Lankan state to secure the democratic rights of the Tamils which led to the conflict in the first place."
"A discrimination of the Tamils is enshrined within the Sri Lankan constitution. The militarisation is a mere consequence of the structural flaws within the unitary Sri Lankan state. Demilitarisation will thus not solve the problem in the North-East."
(See video here)

Representatives of Tamil Nadu political parties, including Thirumavalavan of the VCK, G.K Mani of the PMK and D. Raja of the CPI, and civil society activists, including representatives from May 17 Movement and Pasumai Thayagam, unanimously welcomed the resolution, and vowed to return to India with a renewed impetus to lobby New Delhi towards accepting the fundamental themes contained within it.