Friday, November 30, 2012

Maaveerar Naal a 'piercing emotional experience for me' - Australian senator

Speech: November 27 - Maaveerar Naal

28 Nov 2012 | Lee Rhiannon
Human Rights

Adjournment speech, Tuesday 27 November 2012

For Tamils all around the world, including in Sri Lanka, 27 November marks a very important and hauntingly sad day. In Tamil the day is known as Maaveerar Naal.

Veerar means 'warrior' or 'hero'; Maa means 'great'; and Naal means 'day'.

It is a day on which millions of Tamils will remember the hundreds and thousands of brothers, sisters, mothers, fathers, children and the elderly who sacrificed their life in the 26-year-long struggle for their freedom.

Last year on this day I joined around 2,000 Tamils in Sydney's west to pay respect to the courage, strength and sacrifice of the Tamil people. The overwhelming distress and pain of the Tamil community as they stood in line to lay down a flower in respect for the fallen was a piercing emotional experience for me. I am in parliament today so I will not be able to join the community, but I still stand beside them as their friend on this significant day.

I have come to know the Tamil community in Sydney intimately and I know that their grief and feeling of betrayal by the international community, world leaders, and the United Nations is still very raw. These emotions are perpetuated by the discrimination and brutality the Tamils continue to face at the hands of the Sri Lankan government, including the sexual abuse and exploitation of women, imprisonment, land grabs, torture, assassinations and kidnappings.

Australia's continuing 'friendly' relations with Sri Lanka in order to stop Tamils from fleeing their country is a matter of despair. The Australian government and opposition's discriminatory views and actions towards Tamil asylum seekers who do manage to make the dangerous journey here is shameful.

The recent assassination in France of a French Tamil community leader is an example of the ongoing challenges that the diaspora Tamils face. Over the weekend, thousands of Tamils across France and Europe gathered in Paris to pay their respects to Mr Nadarajah, also known as Parithi, who was murdered on 8 November. It is alleged that his killing was orchestrated by Sri Lankan government officials. When investigating these crimes I trust that the French authorities will be thorough and transparent with any information that may indicate it was a political assassination.

At the service, there were community representatives from Australia, Canada and New Zealand. French politicians were reportedly present. The mass attendance and the state-like ceremony that was performed reflects the commitment and resolve of the Tamils. Amidst their show of communal grief, they have once again sent a powerful message to the international community that they will not be silenced in their work to achieve a war crimes investigation and justice for Tamils in Sri Lanka.

A few weeks ago the UN made international headlines when a leaked internal UN report prepared by Charles Petrie concluded that various UN agencies had failed to meet their responsibilities in the last months of the civil war in Sri Lanka. The report concluded that 'events in Sri Lanka mark a grave failure of the UN'. Writing for Canada's The Globe and Mail on 19 November, Frances Harrison, a former BBC correspondent in Sri Lanka and author of Still Counting the Dead: Survivors of Sri Lanka's Hidden War, stated:

... the latest UN report documents how UN staff members were in possession of reliable information that showed that the Sri Lankan government was responsible for the majority of deaths. And that two-thirds of the killings were inside safe zones unilaterally declared by the Sri Lankan government purportedly to protect civilians. This was information senior UN managers decided not to share with diplomats when they briefed them.

The BBC reported that the Petrie report points out that in Colombo 'many senior UN staff did not perceive the prevention of killing of civilians as their responsibility, and agency and department heads at UNHQ were not instructing them otherwise' and that there was 'a continued reluctance' among UN personnel in Sri Lanka 'to stand up for the rights of people they were mandated to assist'. The report also talks about the UN's reluctance to publish casualty figures. During the war, the UN maintained a figure of about 8,000 Tamil deaths. After the war, a former UN spokesperson in Sri Lanka, Gordon Weiss, put this figure as high as 40,000. The Petrie report says that 'credible information' indicates 'that over 70,000 people are unaccounted for'. Dr Sam Pari, spokesperson for the Australian Tamil Congress, says Tamil church leaders and civil society, using census statistics, have calculated the death toll to be 146,679.

Against this figure of 146,679 Tamil deaths, the UN estimation of 8,000 is an insult. Even a possible 70,000 figure is hard to trust. So, three years on, we still have no agreed figure of how many men, women, children and elderly were killed in the first five months of 2009.

What this internal review has revealed is nothing new. All throughout the final months of the war, Tamils all over the world pleaded with international leaders to take notice of the massacre taking place in Sri Lanka. Thousands of Tamils continuously took to the streets in India, Australia, Canada, US, Malaysia, New Zealand, Switzerland, Germany and France. In Britain an unprecedented 300,000 Tamils closed off Parliament Square crying out for a ceasefire. Numerous young Tamils were on hunger strike, and in India young men burnt themselves alive, unable to bear the news of what was happening to their brothers and sisters. In a blog post on 15 November, former UN spokesperson, Gordon Weiss, said:

… Sri Lanka pulled off one of the nastiest episodes of mass killing since the Rwandan genocide - and got away with it.

He went on to say:

Despite a clear advantage over the near-vanquished rebels, the army bombed packed hospitals, used starvation tactics, executed civilian captives, raped and killed female guerrillas and corralled women and children into "safe zones" before shelling them. When that was done, it interrogated and then killed the Tamil Tiger political and military leadership, along with their families.

I find it hard to believe that Western governments did not know what was going on. It has been confirmed that the UN certainly did know. While there were diplomatic efforts by some European leaders, the overall efforts were minimal.

I congratulate the aid workers, Tamil doctors, priests, Tamil net journalists and diaspora Tamils who stayed in the conflict zone and did everything they could to make the world listen. Many died. Today, I will remember them on Maaveerar Naal.

In responding to the leaked UN internal review, UN chief, Ban Ki-Moon, said in a statement:

… I am determined that the United Nations draws the appropriate lessons and does its utmost to earn the confidence of the world’s people, especially those caught in conflict who look to the Organization for help.

I welcome Mr Moon's statement. It is important to hear that the UN is determined to draw the appropriate lessons. Mr Moon has said he will organise a senior-level team to provide him with careful consideration of the recommendations and advise on a step forward. It is a step in the right direction, but we have to acknowledge that it is a very small step. Many feel it is too late.

My concern with Mr Moon's statement is what he omitted: will anyone in the UN be held responsible? In his blog, Gordon Weiss speaks of an incident during the war when Australian UN humanitarian worker, James Elder, warned that children were being killed and a Sri Lankan government official accused him of supporting terrorists. The government expelled Elder.

That government official, Palitha Kohona, is now Sri Lanka's representative at the UN. His deputy is a former general accused of mass killing during the war. Is Palitha Kohona going to be held accountable? And what about Vijay Nambiar, who was Mr Moon's then chef de cabinet?

Writing for The Huffington Post on 16 November, Frances Harrison says Mr Nambiar implored the UN High Commissioner for Human Rights, Navi Pillay, to dilute her statement when she wanted to speak about potential war crimes by the Sri Lankan government. Will Mr Moon do anything about him? And what about a war crimes investigation? Will Mr Moon take the necessary steps to appoint an independent war crimes investigation to set the record straight? And will member states give him the backing that he needs?

The Australian government has maintained a complicit silence regarding the Rajapaksa regime and the allegations of war crimes against it, and it continues to give a former navy official during the war—Thisara Samarasinghe—diplomatic immunity in Canberra. I note here a sentence from page 28 of the Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka:

From as early as 6 February 2009, the SLA —the Sri Lankan Army — continuously shelled within the area that became the second NFZ — no fire zone — from all directions, including land, air and sea.

The failure of the Australian government and other Western governments to take decisive actions, such as adding their support to Canadian Prime Minister Stephen Harper's call to boycott CHOGM if it is held in Sri Lanka in 2013, adds to the pain and anguish that so many Tamils and their supporters feel, particularly on a day as important as today.

I congratulate all those who are working to ensure that there will be a war crimes investigation. As 27 November dawns around the world, I acknowledge the grief and courage of Tamils who gather together to remember and reflect on the enormity of the lives lost.

I repeat the call that crimes against humanity and war crimes committed in Sri Lanka must be independently investigated.

Speech: November 27 - Maaveerar Naal-LeeRhiannon-See here for full address

Human Rights

28 Nov 2012

Adjournment speech, Tuesday 27 November 2012

November 28 Jaffna: Appalling Attack And Unjustifiable Reactions

By Nirmanusan Balasundaram -November 30, 2012

Nirmanusan Balasundaram

On the evening of the November 27 at 06:07 PM (local time), flames were lit in commemoration of Maaveerar Naal 2012 (Martyrs’ Day 2012). It was initiated by the Tamil students from the Jaffna University.

Pre-deployed Sri Lankan troops forcibly entered into the Ladies’ Hostel and attacked the students and damaged properties, soon after they realized that the flames were lit inside the Ladies’ Hostel of the Jaffna University. The victims called the University administration to escape from the attack and seek safety. However, following the attack tensions prevailed.

More troops and policemen were deployed to the university vicinity by the Sri Lankan Defense establishment in Jaffna. The next day (November 28), the students called for a nonviolent protest in opposition to the military attack against the students. The sit-in protest which took place within the university premises revisited memories of the Satyagraha campaign led by the late S.J.V.Chelvanayagam.

Vicious Cycle

Just as successive Sri Lankan governments and their hooligan mobs attacked the Gandhian way of the Satyagraha campaigns of 1956 and 1961, on the 28^th the Sri Lankan army and policemen unleashed their terror campaign against the university students, who were marching peacefully within university surroundings holding placards, with a considerable number of students symbolically covering their mouths with black cloths.

The attackers injured about 20 students, damaged the vehicle of a TNA parliamentarian, and harassed and threatened a Tamil journalist trying to cover the incident.

The history of the island indicates that it was the oppression of Tamils’ democratic struggle that led the Tamil youth to take up arms to safeguard their nation’s rights, especially that of freedom. The outcome of which was known not just to the people of the island, but also the world. Despite this, the Sri Lankan Armed Forces’ atrocities against the Tamil people continues today, mirroring past acts of violence.

This act of abuse and oppression reveals the importance of demilitarization, as situation of an open prison is prolonged in the NorthEast, particularly in the North.

Failure of the Media Read More

* Sri Lanka Tamil party calls for the release of political prisoners in the country

Nov 29, Colombo: Sri Lanka's major Tamil political party, the Tamil National Alliance (TNA) says that steps should be taken to immediately release the political prisoners in the country.
The TNA says that there are 810 political prisoners in the country and calls for their early release.
The TNA has raised the issue in parliament by saying that over three years after the end of the war, there are still 810 political prisoners in several jails around the country.
"There have been promises that the cases against them would be expedited, but this has not happened," the TNA has said.
"We have a minister here who was a member of the LTTE, a Chief Minister who was also an active LTTE member and now KP is living freely in Kilinochchi. So, why can't these people, who were arrested for minor offences like giving water or food to the LTTE cadres, be released?" the TNA has questioned.
Meanwhile, Prisons and Prison Reforms Minister Chandrasiri Gajadeera in response has said there are only 318 hardcore members of the terrorist group LTTE are remaining in the jails while around 1,600 have been sent for rehabilitation.

Respect The Authority Of The Supreme Court – LfD

By Colombo Telegraph -November 30, 2012

“‘Lawyers for Democracy’ earnestly appeals to Members of Parliament to respect the authority of the Supreme Court as laid down in the Constitution and to see that Rule of Law and Independence of the Judiciary is upheld.” says LfD.

Lal Wijenayaka

“Article 125 of the Constitution lay down that the Supreme Court has the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution. The applications by petitioners before the Court of Appeal and the Supreme Court relates to the interpretation of the validity of standing order 75A under the Constitution. All organs of State and authorities are bound by the interpretation of any provision of the Constitution as determined by the Supreme Court.” issuing a statement LfD convener Lal Wijenayakefurther says.

We below publish the full text of the statement;

‘Lawyers for Democracy’ views with deep concern the ruling given by the Speaker of Parliament on the notices served from Courts on the Speaker and members of the select committee appointed to inquire into the charges contained in the impeachment motion on the Chief Justice.

Article 125 of the Constitution lay down that the Supreme Court has the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution. The applications by petitioners before the Court of Appeal and the Supreme Court relates to the interpretation of the validity of standing order 75A under the Constitution. All organs of State and authorities are bound by the interpretation of any provision of the Constitution as determined by the Supreme Court.

Therefore it is untenable for any authority to proclaim that they will not be bound by the interpretation of a provision of the Constitution determine by the Supreme Court.

Any attempt to disregard the interpretation of any provision of the Constitution and / or any law will lead to anarchy and to the complete breakdown of the Rule of Law and the Independence of the Judiciary.

It is only proper for the persons noticed to appear before the Supreme Court to appear and place before the Supreme Court their view on the interpretation of the relevant provisions. All Members of Parliament are bound by their oath to uphold the Constitution. Any Confrontation between the legislature and the judiciary and disregard of the duty and responsibility to respect and uphold the Constitution will shake the foundation of democracy itself.

It has also to be stated that under the Constitution it is only the President who has the immunity from not appearing before any Court. No Member of Parliament or any other authority has the right to disregard an order of the Supreme Court or any other court to appear before Court.

‘Lawyers for Democracy’ earnestly appeals to Members of Parliament to respect the authority of the Supreme Court as laid down in the Constitution and to see that Rule of Law and Independence of the Judiciary is upheld.

Chauvinist missile crushes the rights of Jaffna university students. University female students including many injured.

Police and forces were engaged in dispersing the university students by assaulting ruthlessly yesterday morning at the Jaffna university compound.

Due to the brutalities the female university students including many were injured. Out of them 10 persons are seeking treatments at the Jaffna Teaching Hospital.

Reporters who were engaged in collecting news at the locality were under attacks by the forces.

Four Students from the Jaffna University media faculty were arrested by the police with the assistance of intelligence unit personnel and later released.

Jaffna District parliament member E.Saravanabawan’s vehicle was smashed when he visited the locality where the incident took place.

Students were engaged in a protest yesterday at the Jaffna university premises against the attempts of forces to disturb the heroes memorial events organized two days back at the Jaffna University students hostels.

Students by closing the university main gates were holding placards and chanting slogans were on a protest yesterday.

Military is it correct to intrude inside the female hostels?

Military what is the work you have inside the university?

University administration! Who is responsible for the university students?

Military, who permitted you to enter the university hostels?

We condemn the administration which permitted the military atrocity?

Even though we are suppressed on the point of weapons, our spirits cannot be suppressed?

Harmony is to squeeze our feelings?

Do we do not have rights to express our rights in this democratic country?

University students by tying their mouths with black cloth were carrying these placards and were engaged in the protest inside the university compound.

Vice Chancellor why are you here? Forces are threatening the students? If it so, why this administration? Is there none to clarify this injustice in Jaffna was the questions raised by the students engaged in the protest.

Following this, the students walked through the main entrance without creating traffic congestion, by another entry were proceeding on a procession. During this time, the Jaffna police prevented the students and asked them to go back. When students came forward to ask reasons, the police who were in vehicles began to disperse them

Police the forces joined together and started to attack the students inhumanly. Students by leaving their text books and footwear escaped from the police attacks. Some students were put down dragged by the police and were beaten. Military assaulted the students by their rifles. Five students were beaten and were arrested by police.

Journalists who were engaged in collecting news were assaulted by the military.

Students ran inside the university compound and began to pelt stones at the police and forces. This created much tension in the area.

Later university lecturers rushed to the locality where the incident occurred and had discussion with the police. However forces were stationed in large quantity around the university premises, and students were not permitted to go out of the compound. Hence students were transported by the bus belonging to the university were dropped at the bus halts.

This incident had been informed by the students to the Jaffna District Parliament Member E.Saravanabawan and he rushed to the locality. But his vehicle in the presence of police and forces was smashed by the civil cloths men who were present in the area.

Regarding the attack against the students and the arrest of four persons an argument was between parliament member Saravanabawan and the police which took a long time.

After a long argument the four persons arrested from the media faculty were released by the police and one student was detained even though parliament member Saravanabawan made it clear that he is a student from the media faculty, but he was not released.

Police after contacting the University high levels checked the records and released the remaining student who was in their custody.

The death of Freedom of Assembly, Expression and Religion in the North of Sri Lanka

WATCHDOG-1 Dec, 2012

Every 26^th[1] and 27^th of November since the end of the war (2009), we hear of people in the North not being able to moan their dead, not being able to carry out peaceful assemblies, not being able to partake in religious festivals or observances in public or at home, and every year it falls on deaf ears. Also noteworthy is the fact that such incidents are most often reported only in the Tamil media and sites or non-main stream news websites. This raises the question as to what “makes news” in the South, and what the mainstream media considers priority. The North not being one of them it would seem.

The trusty arms of the State once again ‘rose to the occasion’ with a real “vengeance” this time around, to suppress all events, deemed by them to be “unwarranted” or bearing potential to “incite” the populace, for the fourth consecutive year now. The only difference this year being that the State has blatantly ignored the recommendations made by its very own reconciliatory mechanism, the Lessons Learnt and Reconciliation Commission (LLRC), which has asked that the State “facilitate(e) their (the people’s) attendance at religious ceremonies, without placing any hindrance to such activities” and that “(p)eople, community leaders and religious leaders should be free to organize peaceful events and meetings without restrictions” (para. 9.116 and 9.118). The report has even gone as far as to recommend that a “separate event be set apart on the National Day to express solidarity and empathy with all victims of the tragic conflict…”(para. 8.304).

No Right to Assembly, Expression or Grieve Continue reading »

Direct The CJ To Refrain From Taking Any Further Part In This Unlawful Trial: Full Text Of Elmore’s Petition

By Colombo Telegraph - November 30, 2012

“Request/urge/direct the Chief Justice Shirani Anshumala Bandaranayake to refrain from taking any further part in the unlawful trial in terms of Standing Order 78A, pending final determination of this matter” Elmore Perera urges in a petition to the Supreme Court today.

Elmore Perera

The Petitioner Attorney-at-Law, Founder, Citizen’s Movement for Good Governance, Past President, Organisation of Professional Associations Elmore Perera asks ”Declare that the Petitioner’s fundamental right to a fair trial by a competent Court guaranteed by Article 13(3) of the Constitution, his fundamental right to be presumed innocent until he is proved guilty by a competent Court guaranteed by Article 13(5), and his fundamental right to apply to the Supreme Court in terms of Article 126 of the Constitution in respect of an infringement or imminent infringement of a fundamental right as guaranteed by Article 17 of the Constitution have been infringed or such infringement is imminent.”

“Direct the members of the Parliamentary Select Committee to refrain from proceeding with an unlawful trial in terms of Standing Order 78A pending final determination of this matter” he further asks.

We below publish the full text of the petition;

IN THE SUPREME COURT OF THE

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an Application under

Article 126 of the Constitution

Elmore M. Perera,

144, Vipulasena Mawatha.

Colombo 10 Petitioner

S.C. Application Vs.

No. 682/2012 (FR)

1. Her Ladyship, Hon. Dr. (Ms.) Shirani Anshumala Bandaranayake, Chief Justice of the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Supreme Court Complex, Hultsdorp, Colombo 12.

2. Hon. Chamal Rajapaksa, M.P.,

Speaker of Parliament.

3. Hon Anura Priyadarshana Yapa, M.P.,

Chairman, Parliamentary Select Committee (PSC)

4. Hon. Nimal Siripala de Silva, M.P.,

Member, PSC.

5. Hon. A.D.Susil Premajayantha, M.P.,

Member, PSC.

6. Hon. Dr. Rajitha Senaratne, M.P.,

Member, PSC.

7. Hon. Wimal Weerawansa, M.P.,

Member, PSC.

8. Hon. Dilan Perera, M.P.,

Member, PSC.

9. Hon. Neomal Perera, M.P.,

Member, PSC.

10. Hon. Lakshman Kiriella, M.P.

Member, PSC.

11. Hon. John Amaratunga, M.P.,

Member, PSC.

12. Hon. Rajavarothiam Sampanthan, M.P.,

Member, PSC.

13. Hon. Vijitha Herath, M.P.,

Member, PSC.

2^nd to 3^rd Respondents all c/o The Secretary General of Parliament, House of Parliament, Sri Jayawardhenepura, Battarumulla.

14. Hon. Attorney General,

Attorney General’s Department,

Hultsdorp, Colombo 12.

Respondents

TO: HER LADYSHIP THE CHIEF JUUSTICE AND THE OTHER HONOURABALE

JUSTICES OF THE SUPREME COURT OF SRI LANKA Read More

No one is above the law: Asgiri Mahanayake

SATURDAY, 01 DECEMBER 2012

Asgiriya Chapter Maha Nayake Thera the Venerable Udugama Sri Buddharakkita Thera yesterday underlined the statement made by the Mahanayake Theras against the impeachment motion on the Chief Justice. He said if there was a law in the country it should be applied equally to all.

Speaking to US ambassador Michele J. Sison who paid a courtesy call on the Prelate, he said some people in the country were accusing others when they could not fulfill their personal agendas.

“There should be an opportunity for those who act in a fair and just manner to carry out their duties without let or hindrance,” he said.

Ms Sison visited the historic Dalada Maligawa and paid homage to the Tooth Relic before her courtesy call on the Mahanayake Thera.

She asked the Thera about a statement on the Impeachment of the Chief Justice and excessive borrowings .made by the Mahanayake Theras. It was published in the English daily newspapers

The Mahanayaka Thera said they had issued the statement to the effect that all were equal before the law of the land, but it had become apparent now that some were using it for their own agendas.

He said when politicians find it difficult to achieve their personal agendas they try to bring disrepute to those who abide by the law.

“It is not fair and therefore we issued a joint statement as the Mahanayaka Theras of the Three Nikayas.

We observed that some were bent on creating a situation to embarrass those who uphold the laws of the country,” the Mahanayke Thera said.

He commended the assistance rendered to Sri Lanka by the US government and extended his blessings and good wishes to President Barack Obama who had been re-elected for a second term.

“The US government has helped our country in the past and does so in the present. We hope it will continue it in the future as well,” he said.

The ambassador responded by saying the US helped Sri Lanka during the tsunami and there exists a cordial relationship between the two countries.
She said the US for its part would continue maintaining the good relationship and added that she appreciated the sentiments expressed by the Mahanayaka Thera.

Ms. Sison also met the Diyawadana Nilame Nilanga Pradeep Dela at the precincts of the Dalada Maligawa.

University students lighted lamps, forces were in pandemonium. "Udayan" reporter assaulted by forces.

University students lighted lamps and gave their respects to the heroes who sacrificed their lives for the Tamil Eelam freedom, the day treasured of their valuable service to the Tamil people.

During this time, in the aim of obstructing, the forces were engaged in unscrupulous activities.

Jaffna University students with much enthusiasm organized the events from the beginning of heroes’ week, whatever obstacles come their path, they were not in a mind to obliterate their memories.

In view of TamiL Eelam Liberation tiger Leader V.Pirabakaran's birthday, they distributed handbills. Today morning too they sprinkled flowers to the heroes’ remembrance place located inside the university premises.

From the time the news story got edited, police and military were vastly deployed around the university premises. Intelligence unit personnel attired in civil clothes were roaming freely pistols in hand inside the university compound which was much visible.

Students were making arrangements to light the lamps at 6.05 p.m at the University Balasingham hostel and Ananthacumarasmy hostel. Unexpectedly with arms and batons the military entered the males’ hostel and began to assault blindfolded who ever came across.

The telephone calls which came at that time from the students to the "Udayan" media office and "Udayan” Administration Director and Tamil National Alliance Parliament Member E.Saravanabawan rushed with the reporters to Balasingham hostel.

Balasingham hostel was in chaotic situation, but at the Ananthakumaraswamy hostel at the prescribed time, lamps were lighted. The lamps were glowing in darkness and with much anger the forces rushed to that direction.

Forces intruding to the female’s hostel whatever they got into their hands they broke. The closed rooms of the students were knocked. The rooms which were opened, the forces illegally entered.

The students in panic screamed and cried. Everywhere tension prevailed, meanwhile the female students were petrified in much fear. Many female students were crying uncontrollably and one female student fainted but came to conscious after a very long time, was reported by a journalist.

At this moment "Udayan" reporter who was taking photographs through his camera, was strongly assaulted by an official from the Military Intelligence unit. Attempts were made to grab the camera, but his attempt did not turn positive.

Two persons tied their face in black cloth severely assaulted the reporter and attempted to snatch his camera but his attempt turned unsuccessful. Intelligence unit personnel with much anger pelted stones to the parliament member and tried to assault him. Meanwhile the security unit and others cordoned the parliament member, safely took him to his vehicle.

Due to the forces presence at the university at the time the students were assaulted, the university security employees and officials behaved in an inconsistent manner which were much observable is according to reports.

Thursday , 29 November 2012

Speaker’s Ruling Has No Bearing Upon The Substantive Issues In The Impeachment – AHRC

Speaker

By Colombo Telegraph -November 30, 2012

“The Speaker’s ruling may indicate that the government may not abide the decision by the Court in this instance – This possibility exists relating to all decisions that a court make on the constitutionality of any law or other acts of the parliament or that of the executive.” says the Asian Human Rights Commission

We below publish the full text of the statement;“A government could ignore the court, and if does so, it openly violates the constitutional architecture and the law. On no instance should a court desist from making decisions on matters referred to it on the basis that the government may disrespect its ruling. If a court were to take such a view, it would be in no position to decide any matter at all. If the government decides to take a confrontational approach to the Supreme Court, that is a matter left to the government, and upon such an event the outcome should be left to the people to decide what course they should take.” issuing a statement AHRC further says.

The Speaker‘s ruling relating to the Supreme Court’s notice to the Speaker and the members of the Parliamentary Select Committee does not in any way prohibits the constitutional right of the Court to entertain and to determine the Reference made by the Court of Appeal for a specific question relating to the scope of Article 107 (3) of the Constitution. Since the issue mooted is of utmost importance, various aspects relating to it should be reflected upon on the basis of constitutional principles and logic.

Based on this the following issues could be highlighted:

The basic structure of Sri Lanka’s constitution as a democracy – It is beyond question that Sri Lanka’s constitution is that of a republic and a democracy. In this there is no fundamental difference between the Indian constitution and the Sri Lankan constitution. The Supreme Court of India finally laid the issue to rest through a historic judgment, Keshavananda Bharati vs. Union of India and others. In going into the questions referred by the Court of Appeal to the Supreme Court, the issue of the basic structure of the Constitution of Sri Lanka is an unavoidable issue. All the maters arising out of the Speaker’s ruling should be considered relative to the basic issue of Sri Lanka as a democracy. The Speaker’s powers need to be looked at within the constitutional architecture that defines Sri Lanka as a democracy.

Any reference to the ultimate supremacy of the parliament should only be understood with reference to the overall consideration of Sri Lanka as a democracy. Such phrases as “supremacy of the parliament” should not be given any meaning that will be detrimental to Sri Lanka’s constitutional structure as a democracy.

The Speaker’s ruling cannot limit the power of the Supreme Court to decide on the constitutionality of any matter – It is a settled principle that the primary opinion on the question of constitutionality of any issue is with the judiciary. To hold otherwise would be to deviate from the basis that Sri Lanka is a democracy.

Even a decision of the parliament arrived through a vote in the parliament is subject to judicial review - There is no limitation for the Supreme Court’s authority for judicial review concerning any decision of the parliament or that of a Select Committee constituted by the parliament. The Court has also the power to review the material on which the decision of the parliament or that of the Select Committee is arrived at. The Indian Supreme Court in the S. R. Bommai case has dealt with this matter in great clarity.

The cornerstone of the objection concerning the impeachment process is that a Parliamentary Select Committee cannot exercise judicial power and that such a Committee cannot be considered an impartial and a competent tribunal to decide on the matters relating to the charges against the Chief Justice. This being so from the beginning the functions of the Select Committee in this regard would have no impact on law and could not this lead to any valid decision relating to the impeachment. Therefore the Court has the jurisdiction to declare the legality and the constitutionality of such a process and to declare it void.

The Court has the power to examine the material on which the decision is made - the decision of the Select Committee that is acting as a tribunal cannot lead to a valid decision, and therefore even if the parliament is to vote in favour of an impeachment on the basis of such finding the court has the power to declare such a decision as one that violates the constitution.

The actions of a Select Committee or the Parliament are actions of the government and therefore the court alone has the jurisdiction to review the constitutionality of any such action by a government – The decision relating to the impeachment and the process thereto are not different to any other action by the government. These cannot be claimed as exceptions to the rule that the court has the power to examine the constitutionality of any action of the government.

On the basis of the above considerations the ruling of the Speaker is of no practical importance to the substantive issues relating to the impeachment – Since no substantive issue rests on the Speaker’s ruling there is no reason to give any serious consideration to this ruling as a substantive obstacle to the Court entertaining its jurisdiction in the matter.

The Speaker’s ruling may indicate that the government may not abide the decision by the Court in this instance – This possibility exists relating to all decisions that a court make on the constitutionality of any law or other acts of the parliament or that of the executive. A government could ignore the court, and if does so, it openly violates the constitutional architecture and the law. On no instance should a court desist from making decisions on matters referred to it on the basis that the government may disrespect its ruling. If a court were to take such a view, it would be in no position to decide any matter at all. If the government decides to take a confrontational approach to the Supreme Court, that is a matter left to the government, and upon such an event the outcome should be left to the people to decide what course they should take.

Sinhala doctor attacks nurse at Vavuniya hospital

[ Friday, 30 November 2012, 01:52.20 PM GMT +05:30 ]

Doctor attacks nurse serving at the Chettikulam base hospital in Vavuniya yesterday.

Doctor has order the nurse to inject injection for a patient at the hospital, when the nurse engage in the preparation work anger doctor carried out attack against the , sources said.
Nurse is a resident of Batticaloa area and the doctor is member of majority community.
When the nurse informed the director general this regard he advice the nurse to maintain silence where the particular doctor has political influence.

Court Of Appeal Ordered To Provide Fonseka’s Release Document

Fonseka

By Colombo Telegraph -November 30, 2012

The Registrar of the Court of Appeal has been ordered to provide former Army Chief and Common candidate at the 2010 Presidential election, Sarath Fonseka, with a certified copy of the document pertaining to his release from prison.

The Counsel told the Court the document pertaining to the release of the former Army CommanderSarath Fonseka is necessary for the Writ Petition filed against his expulsion from Parliament. The hearing on the case was put off to 13 December.

A Bench comprising Judges of the Court of Appeal, Sisira de Abrew and Sunil Rajapaksa, made the directive to the Registrar of the Court of Appeal following the submission made by Counsel Saliya Pieris on behalf of the former Army Commander, yesterday.

“I still don’t know the details of my release. All I was told was to bring my bag of belongings and come outside. They didn’t tell me anything else. I think that in some ways I am still a prisoner in Welikada. The only difference is that I am outside those walls. Other than that I have not seen a single letter. In fact, when I was leaving Welikada Prison, I didn’t even sign a book saying I was leaving to go home,” the former General told last week.