Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, January 8, 2013


Minister Kenney Voices Concern for Human Rights in Sri Lanka

Canada News Centre
http://news.gc.ca/web/images/lffl.pngColombo, Sri Lanka, January 7, 2013 — Citizenship, Immigration and Multiculturalism Minister Jason Kenney reiterated Canada’s strong concerns about human rights, government accountability, and post-war reconciliation in Sri Lanka during his recent visit to Colombo.
“Canada wants to see a successful 2013 Commonwealth Heads of Government Meeting, but as host of the event, Sri Lanka is under close scrutiny for its adherence to Commonwealth values and principles,” stated Minister Kenney. “Canada’s level of representation at this meeting will depend on real progress on political reconciliation and accountability, including an independent investigation of allegations of human rights violations endured by civilians at the hands of both sides during the civil war,” Minister Kenney stated.
During his visit, Minister Kenney met with key interlocutors of the Government of Sri Lanka as well as major opposition parties to convey Canada’s concerns, including about the disappointing lack of progress toward reconciliation in post-war Sri Lanka. He also met with members of civil society organizations working on the ground to address humanitarian concerns and advocate improvements in the human rights situation.
Canada continues to be concerned about the human rights situation in Sri Lanka, including the Sri Lankan government’s failure to investigate accusations of bombing of hospitals and mass shelling of civilians by the military during the 2009 civil war.
Minister Kenney also voiced concern about the recent impeachment of Shirani Bandaranayake, Chief Justice of Sri Lanka, which does not appear to have followed the established procedures or traditional grounds for judicial impeachment – standards which are necessary to ensure the independence of the judiciary and the protection of rights in Commonwealth nations. He also raised concerns about the harassment of members of the media and non-governmental organizations as well as the recent and ongoing detention of students in Jaffna as troubling indications of a shrinking of democratic space in Sri Lanka.
“Canada will continue to stand up for freedom and political accountability in the world, including in fellow Commonwealth member nations,” Minister Kenney said. “We further urge Sri Lanka to demonstrate its commitment to fundamental Commonwealth values and principles, including the importance of fundamental human rights, democracy, and the rule of law.”
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Remembering Lasantha: Now they come for “everyone”

08 JANUARY 2013--
BY NIRMANUSAN BALASUNDARAM


Now, more than ever, with the current state of affairs in Sri Lanka, the vacuum left by Lasantha’s death and his importance can be felt by anyone who is concerned about human rights, democracy, rule of law, and, of course, the independence of the judiciary. The Founding Editor-in-Chief of the Sunday Leader newspaper Lasantha Wickrematunge , better known as Lasantha, was brutally assassinated four years ago.  The cold- blooded murder took place on 8 January 2009 in a High Security Zone [HSZ] area of the Colombo suburbs.
Lasantha addressed the Sri Lankan President in his last editorial, which was published posthumously, “You will never be allowed to forget that my death took place under your watch. As anguished as I know you will be, I also know that you will have no choice but to protect my killers: you will see to it that the guilty one is never convicted. You have no choice.” As he precisely said, the killers continue to enjoy the culture of impunity. It was not just a murder, but also a persisting strong message to dissident journalists who oppose the regime’s non-democratic actions.
Missing professionalism
The murder contains serious consequences in relation to freedom of expression in Sri Lanka. The commanders of the assassination are not just ‘powerful people’, but ‘smart people’, too. This was what made them decide to kill Lasantha at that specific time, as they knew that from a long-term perspective his existence would be a serious obstacle to their wrongdoings.
Now, we are not just remembering Lasantha as a courageous human being, but also the absence of the professionalism he showed. He wanted to tell the truth, even after he knew the price that he would have to pay for it, Once again in January, four years after Lasantha was assassinated, Sri Lanka is in turmoil as the country’s reigning ruler elongates his grip of terror and oppression on the supreme power of the Judiciary.
Words of prophecy
It is noteworthy that the present Cabinet Minister of Higher Education, S.B. Dissanayake was sentenced to two years rigorous imprisonment by a five Judge Supreme Court Bench headed by the then Chief Justice Sarath N. Silva on 7 December 2004 for defaming the Supreme Court during a speech he made at a function in Habaraduwa.  An irony in this is that, eight years later, under the direction of Sri Lankan President, the parliament is in the process to move an impeachment against the Chief Justice of the Supreme Court. As Lasantha wrote in his last editorial, “Indeed, murder has become the primary tool whereby the state seeks to control the organs of liberty. Today it is the journalists, tomorrow it will be the judges.”
Here is where, again, we perceive the contribution of Lasantha and the motive of those who directed the killers. At the time Lasantha was killed, ‘Sri Lanka was united as they fought against a common enemy to defend their national sovereignty and security’.  However, unbowed and unafraid, Lasantha did not want to be part of the ‘united elements’, because Lasantha knew their ulterior intentions. Based on his analysis and decisions, he warned Sri Lankans and sent the message to the international community about the government’s motives. This he did even in his last editorial, which became known as his self-obituary.
Unfortunately the response from the receiver’s end was a mode of deafening silence and Lasantha paid his life as the price. Prior to assassinating Lasantha, the Sri Lankan regime waged a stern campaign and low intensity war alongside its psychological warfare against the Tamil nation. In this stage Tamil journalists, media workers, intellectuals, human rights activists, humanitarian workers and civil society activists became prime targets under the banner of ‘war on terror’. It was a time where it was quite normal for me to wake up to messages of killings and to go to bed after attending funerals.
Following conscience
Until the third week of April 2006, I was mostly based in Jaffna and informed Colombo based journalists and human rights organizations / activists about grave human rights violations with the aim of either preventing the killings or to seek justice for the victims and survivors. However, the response was not effective or efficient. Nevertheless, at least a few people acted with responsibility and moral obligation, but their fate was cut short as either they were killed, imprisoned or compelled to leave the country. Even after the threatening killings, imprisonment of journalists and a considerable number of journalists’ decision to function in exile, Lasantha remained in the soil where he was born, and decided to continue his fight bravely.  Lasantha followed his conscience despite of state treachery. Ultimately, he stood and died for what he believed in.
In his last editorial he precisely pointed out that “violating the rights of Tamil citizens, bombing and shooting mercilessly, is not only wrong but shames the Sinhalese, whose claim to be custodians of the Dhamma is for ever called into question by this savagery - much of it unknown to the public because of censorship. What is more, a military occupation of the country's north and east will require the Tamil people of those regions to live eternally as second-class citizens, deprived of all self-respect. Do not imagine you can placate them by showering "development" and "reconstruction" on them in the postwar era. The wounds of war will scar them for ever, and you will have an even more bitter and hateful diaspora to contend with.”
Sinhalese as victims
Today, Sri Lanka’s national sovereignty and security has turned counterproductive against those who were ‘united to fight against the common enemy to defend their national sovereignty’. The newly emerging direct and imminent victims of the Sri Lankan state system are Sinhalese, including those who in a way remained silent or supported the genocidal war against Tamils. Time heals, history records, but this is where Lasantha distinguished himself from others. It is common opinion now, that, the present disastrous development would not have happened, if the majority of the Sinhala community had in the past stood for the Tamils’ dignity, freedom and other rights.
Yet, there is no strong opposition in the south against ongoing genocide in the Tamil nation. The Sri Lankan regime is tightening its terror grip step by step on different ethnic groups in diverse forms. The failure to recognize and stop it, will lead to a formation of Sri Lanka’s Iron Gate. If anyone is serious about respecting and honoring Lasantha, then it is their moral obligation to lend their voice against the injustice and oppression that is taking place in the island, in particular against the ongoing genocide of the Tamil nation. Otherwise, their “Sri Lanka Matha” will not only cry, but will die inch by inch and then the entire island will be a curse of Asia. This was not what Lasantha scarified his life for.
Lasantha's inspiration
Lasantha noted in his last editorial, “I hope my murder will be seen not as a defeat of freedom but an inspiration”. I would like close this piece with a few words mentioned by me in London, in January 2010, at the first year commemoration ceremony of Lasantha. We, the journalists have a moral responsibility to speak the oblivious truth about the injustice and non-democratic actions, which we have witnessed. Our fidelity to our ambition is consolidated. Our aspiration is to bring to life the aspirations of oppressed people. We know the path and its consequences, which we have chosen, but we are confident to continue our struggle, despite the risks that we encounter.

Nirmanusan Balasundaram is a freelance journalist and a human rights activist currently living in exile. He holds an MA in Peace and Conflict Studies from the European University Center for Peace Studies in Austria. Formerly he worked as the Jaffna District Coordinator of the People's Action for Free and Fair Elections (PAFFREL) and later was attached to Berghof Foundation for Conflict Studies (BFCS), (Sri Lanka office), as a Program Officer.

The Politics Of The Decision To Kill Lasantha – According To Wife It’s Not Related To Journalism

By Uvindu Kurukulasuriya -January 8, 2013 |
Uvindu Kurukulasuriya
Colombo TelegraphLasantha Wickrematunge, friend and fellow-journalist, was assassinated 4 years ago.  To date, his murderers remain unknown.  Investigations have been inconclusive. When the former Army Chief, General Sarath Fonsekabroke away from the regime, the government publicly accused him of Lasantha killing. For instance, the Government MP Prof. Rajiva Wijesinhatold BBC that the defence attaché of the British High Commission (BHC) in Colombo “gave a note” that accused the then Gen Fonseka of being responsible for that assassination. As the BBC reported the British authorities have neither denied nor confirmed Prof. Wijesinha’s statement. Two weeks ago when I interviewed Ranil Wickremasinghe he again confirmed what he said at Lasantha’s funeral. He re-confirmed that the killers were four army persons. But in my opinion, even if Fonseka is responsible for the Lasantha killing what are the steps the other two people above him have taken so far? The President himself is the Minister of Defence, His brother Gotabaya is the Secretary to the Ministry of Defence, both positioned above Fonseka. Killing Lasantha cannot be one of Fonseka’s own decisions.  He may have deployed the killers but killing such a high profile journalist is a political decision. That is why nothing is happening about his killing, I am forced to conclude.
Lasantha’s assassination intensified calls for media freedom. He was honored, posthumously, with several prestigious international awards pertaining to media freedom and activism. The newspaper of which he was founder editor, ‘The Sunday Leader’, is now owned by a close associate of Mahinda Rajapaksa. Four years later, then, more questions have been raised that answers obtained. What was the politics of the decision to kill Lasantha? I ask this question as a friend of many years, and yet the questions that I am compelled to raise are startling. Lasantha, wasn’t just a journalist; he led a complicated life, and had many faces. His political practices were complex; sifting through the details may guide us closer to his killer’s motives.
Many people asked me who wrote the Sunday Leader editorial which was claimed to be one written by Lasantha just before he was assassinated and published in the Sunday Leader posthumously. The day after the murder, I went to Sonali’s house where Lasantha’s body was and asked her sister where Sonali was. She told me that Sonali ‘was upstairs finalising the editorial with someone else’. The same question was answered by Lal, Lasantha’s elder brother who was also Chairman of Leader Publications. On January 17, 2009 , in the London Times, which published Lasantha’s posthumous editorial with disclaimer by Lal, where he admitted that ‘30-40 per cent was written by the staff, including the headline and the words ‘AND THEN THEY CAME FOR ME’.
This cast considerable doubt on the authenticity of the document. It was suggested that Lasantha’s computer be checked to figure out when he wrote it (if he did) and what percentage of the document was his work.  I don’t know if anyone took the trouble to do this.  If someone had, then that someone has not revealed the truth, either way.  All I know and what anyone who worked at the Sunday Leader knows, is that Lasantha never wrote editorials. Some claimed that the entire editorial was written by someone else.  Multiple sources came up with the same name, but since I couldn’t contact him I will leave that issue aside for the moment.
There is evidence that Lasantha was enticed into renewing his long standing relationship with the president, — first formed as he sort political gossip as a journalist years ago–  in several intimate meetings with Rajapaksa shortly before he was killed. In fact, after his death, the President claimed that Lasantha was one of his very good friends and that they met often, and would do so around midnight. Lasantha had even played a recorded conversation he had had with Dr Kumar Rupasinghe. Few believed this claim, offering that the President was just trying to cover up the murder and absolve himself of involvement by portraying Lasantha as a friend.
But in fact, Lasantha had played the record of the said conversation and Rajapaksa had telephoned Kumar and criticised him for double dealing. Around the same time Victor Ivan, the Editor of the ‘Ravaya’ told me on the phone: “Your friend Lasantha is meeting Rajapaksa secretly, and not just meeting but passing recorded conversations to the President”. He said “ask Lasantha, he is your friend”. Angry Rupasinghe also rang me and confirmed the story.  I rang Lasantha and asked him and he, as was his usual manner, laughed and never said anything. What I found later was that Lasantha had met the President with his friends Pasan Madanayake and Eliyantha White.
I remember having a conversation with the Leader of the Opposition Ranil Wickremasinghe, former Foreign Minister Mangala Samaraweera and Lasantha in a corner of the 80 Club.   This was on September 6, 2008, at Dr. Paikiasothy Saravanamuttu‘s 50th birthday celebration. I told them that the President has invited me to meet him. Lasantha opposed it and said “don’t go”. I said “I’m not meeting a friend, it is the President of this country I’m going to meet as the Convenor of the Free Media Movement and also I’m not going alone”. He continued to press me not to go. And yet, all the while he had been meeting  Rajapaksa secretly. It turned out that Lasantha was showing another face to us.
Last week, I asked the leader of the opposition Ranil Wickremasinghe whether he knew Lasantha was meeting Rajapaksa secretly. He told me Lasantha never told him about it, but when he found it out and asked Lasantha about those meetings, Lasantha had admitted meeting the President.
Regardless of all this, I was convinced that Lasantha’s assassination was purely related to his fearless journalism. Rajapaksa wanted to silence Lasantha, I thought. The Sri Lankan media, across the board, tried to cover up the fact that Rajapaksa wanted to buy the Sunday Leader while Lasantha was alive. It was only I who exposed it after Lasantha was killed. I wrote to Index on Censorship about the deal:
“Not long before Sunday Leader editor Lasantha Wickrematunge was killed, his brother Lal, chairman of Leader Group, received a call from a deputy minister, Faizer Mustapha. Faizer said he would be coming to the company’s offices with some important news. He came as promised and asked Lal to get into his vehicle, telling him that they could talk while travelling. Lal was nonplussed, but got in. Faizer ordered his driver to drive on. A vehicle packed with security personnel followed. All at once, the vehicle with Lal inside turned sharply into Temple Trees, where President Rajapaksa was in residence. Lal found himself in the presence of the President. ‘How are you Lal? Let’s come to the point straight away. What is the selling price of the Leader Publications?’ Lal didn’t understand what was happening. ‘Let’s close the deal for 400 million rupees,’ the President had said. He told Lal to make a decision quickly. When Lasantha, who had been away, returned to Sri Lanka Lal explained to him what had happened. Lasantha was furious. The proposal went ignored.  It may be that the President wanted to silence Lasantha by offering to buy the newspaper at a price far above its real value. President Rajapaksa called Lasantha a ‘terrorist journalist’ in an interview with Reporters Without Borders in October 2008. He said the same thing to me in September 2009, tagging Lasantha as a ‘Kotiyek’ (a Tiger) during a meeting I had with him in my then role as convener of the Free Media Movement. “ The State Media painted Lasantha as a ‘traitor.’ By painting him as a traitor, those who wanted him out of the scene were able to justify his murder.’
Much later, towards the end of 2010, once I started to work with Lasantha’s second wife Sonali Samarasinghe as a consequence of a conversation we had, I started to wonder whether Lasantha’s killing was purely related to his journalism or if there was more to the story.
This was the time Sonali and I stared a website called Lanka Independent. In the first week of June, 2011, I was writing on my findings on the disappearance of Prageeth Ekneliyagoda. It is my considered opinion thatPrageeth was not abducted due to his journalism. I discussed this with Sonali. After listening to all the facts she suddenly said:
 ”Lasantha unanth maruwe jouranalim nisa neveyne. … Hmmm …”
(“Even Lasantha was killed not because of his journalism…. Hmmm…)
Ay ? (Why?) I asked
“Oya danne naha. Anduva peralanna eyage thibba plan … Pissu oyata.  Oya danne naha eyage thibba plan. Intelligence ekka karapu evanisane. Evath Journalism neveyne uvindu!”
(You don’t know. The plans he had to overthrow the government…you are mad…the reason is the “intelligence” [read, ‘espionage’] work he was engaged in. That’s also not journalism, Uvindu.”)
Mokakda? ( What? ) I asked
 ‘Lasantha foreign Intelligence ekak ekka weda kala, mama passe kiyannam’
(“Lasantha worked with a Foreign Intelligence Service…I’ll tell you later”.)
Quoting the above conversation we exchanged a couple of emails, but she never gave any further details.
After Lasantha was killed I got to know that Lasantha was working for RAW, the Indian intelligence outfit. A couple of days before he was killed Lasantha went to meet a certain women attached to the Indian High Commission in Colombo at 1.00 in the morning and the Sri Lankan Intelligence had followed him. That theory suggested that his killing was related to espionage. I didn’t believe it. Was this the intelligence service that Sonali was referring to?  It is not clear.
But I had no reasons to disbelieve Sonali. I knew she was sober and fully in control of her senses at the time. Even after the conversation, we exchanged a couple of emails about the matter and she never retracted her claim. She was one of Lasantha’s trusted colleagues, then girlfriend, then wife and at the end his widow. A lawyer and a diplomat, she gave up journalism once the UNP came to power and worked at the Sri Lankan High Commission in Australia. Furthermore, even after Lasantha was killed she had access to Lasantha’s email account. On Saturday, April 2, 2011 she wrote to me that she sent Adele Balasingham an email from Lasantha’s email account requesting an interview and that it had bounced.  She said perhaps Adele had changed it because that email address Lasantha had  was a 2003 one, activated during the peace process.  It was clear to me that she had access to his email account and read even emails going back to 2003 and she was in a good position to understand Lasantha’s work.
Even though all the cables are fairly low level classification and intelligence matters are not talking that level over the year I read all leaked US state department cables related to Sri Lanka in the WikiLeaks database. But I couldn’t find anything related to Lasantha implying that he was a spy or working with a foreign intelligence service. There was only one remark of that nature, but that was about another journalist, Poddala Jayantha. The US Embassy Colombo had informed Washington that Poddala was well known to the Embassy, and has been a key contact for PAS for years. (Read the cable here).
When I talked to his brother Lal about the conversation he said he had no clue. I interviewed Lasantha’s good friend, the Leader of the opposition Ranil  Wickremasinghe; he said he didn’t know that, but he had no reason to suspect that Lasantha was a spy. When interviewed Lasantha’s first wife Raine, she said; ‘I got to know this spy issue soon after he died. That is a totally baseless allegation, just another fabrication by those who are eager to tarnish his name even after death. They do it to cover up their own sins. The origin of this story may have some links to the fact that Lasantha was planning to take some evidence against a certain US citizen to the US authorities just before he was killed. If Lasantha was working for an intelligence agency, he would have been a wealthy man. We all know that Lasantha was a man who led a simple life and did not own anything of any significance.”
When I asked Frederica Jansz, Lasantha’s successor as the editor, she said, “Lasantha was an excellent journalist. An editor par excellence. Unfortunately, his journalism was overshadowed by political ambition, which impaired the independence of The Sunday Leader during his tenure. Soon after his death, a highly placed source confided that Lasantha was believed to have been killed not for his journalism but for his political connections and activism.  It was rumoured that following a late night meeting with President Mahinda Rajapaksa, Lasantha had been followed by local intelligence officers who allegedly saw him enter the home of a foreign intelligence agent. Rumour had it that the government suspected Lasantha of leaking sensitive information divulged to him by the President to an intelligence agent of a foreign government.”
What Sonali said to me was entirely a private conversation. It is unethical to go public with a private conversation if there is no public interest justification. As Sunday Leader and Sonali claimed, Lasantha predicted his death in his ‘posthumous editorial’. That editorial may be the most printed and read editorial in the world. After he was killed two of the world’s most prestigious press freedom awards were awarded to him, the UNESCO world press freedom award and Lasantha was named 53rd IPI World Press Freedom Hero. If his wife says his killing was not related to journalism then the public should be duly informed.
Related posts on Lasantha;
On  Prageeth Ekneliyagoda;
The fourth anniversary of the death of the journalist and editor Lasantha Wickrematunge


by Basil Fernando-

Tuesday, January 8, 2013                       

Four Years later



Sri Lanka Guardian

( January 9 2012, Colombo, Sri Lanka Guardian)  
Today, January 8, is the fourth anniversary of the assassination of Lasantha Wickrematunge. Lasantha Wickrematunge was one of the best known journalists and the editor of the Sunday Leader, a newspaper critical of the government. Despite the enormous publicity generated by this broad daylight assassination both locally and internationally, the government has refused to conduct any credible investigation into this murder.

The belief in political circles as well as those who were close to Lasantha is that this was a murder carried out with the full knowledge of the government and that senior government figures were involved. That also explains the failure of the investigation.

A few days before this anniversary the Pradeshiya Sabha member of Kelaniya, Hasitha Madawala, was assassinated. His close associates are accusing the Member of Parliament for Kelaniya, a government minister, Mervyn Silva of involvement in this murder. He has however, publically denied the allegations. Madawala's assassination, like that of Lasantha's took place in plain sight of several witnesses and the killer that arrived on a motorcycle fired several rounds into the air before fleeing.

Meanwhile, there is heavy police and paramilitary presence in the Kelaniya electoral area as there is serious unrest among the people regarding this murder. The associates of the deceased are reported to have said that the heavy police presence is to protect those who are suspected of taking place in the assassination. Those being protected by a large number of policemen include some well known criminal and underground elements.

Also, at the time of this fourth anniversary the government is involved the deepest crisis it has ever faced in terms of the impeachment move against the Chief Justice of Sri Lanka, who is also now treated an enemy of the government. The government is carrying on a widespread propaganda campaign by the state media and by the pasting of posters containing comments derogatory of the Chief Justice.

Meanwhile the Supreme Court of Sri Lanka and the Court of Appeal have announced their judgements which declare the impeachment process as unconstitutional and illegal. The Court of Appeal in fact, quashed the appointment, proceedings and decisions of the Parliamentary Select Committee which dealt with the impeachment.

Thus, by the fourth anniversary of the assassination of Lasantha Wickrematunge the repression by the government has turned inwards creating victims from among its own active politicians as well as senior figures of the government itself. The violence is imploding and the tension is mounting rapidly.

The government has no capacity or will to end the violence and to create stability and peace in the country. The process of violence reflected by the assassination of Lasantha Wickrematunge and also the enormous violence that continues to take place in the north and east has made Sri Lanka perhaps one of the most violent places in South Asia.

Reconciliation: Looking Forward ix – Rules To Prevent Judicial And Other Abuses


January 8, 2013Colombo Telegraph
Prof Rajiva Wijesinha
Given the plethora of worries about the financial integrity of the Chief Justice, it may seem redundant to demand higher standards also from the Select Committee looking into her case. But the Select Committee itself provided the principal reason for circumspection when it declared that ‘The office of the Chief Justice is a position which demands maximum confidence of the public. A moral conduct of an exceptional degree is expected from a Chief Justice unlike from an average citizen. Your Committee observes that any discredit to such conduct leads to a decrease in the confidence of the public towards a holder of such office’.
That being the case, it must be obvious that Parliament, which is, or should be, an even more exalted entity, must also have the confidence of the public. It must therefore be even more careful not to seem to be biased in its conduct or hasty in its decisions.
Given that the misdemanours the Chief Justice is alleged to have committed would, if proved, constitute criminal conduct, they must be investigated in accordance with criminal procedures. This includes presenting evidence systematically and allowing adequate opportunities for it to be challenged. If that is not done, and clearly seen to be done, public confidence in Parliament would be eroded.
Unfortunately the Standing Orders governing impeachment do not come up to the expected standard. This is obvious from the many cases cited to justify the procedure since, in other countries where Parliament acts judicially, there are several safeguards which do not exist in our system. In particular that function is entrusted to a second chamber, where members are more clearly independent individuals than lower house members who – even without our preposterous election system – are more inclined to divide on party lines.
It is also important to ensure formal procedures comparable with what happens in the Courts. Mutual respect should characterize proceedings, and this is facilitated by allowing them to be public. The request of the defence that this be permitted should not have been summarily dismissed, on the grounds that the Standing Orders forbade this, since Standing Orders are not sacrosanct, unlike the Constitution, and may be waived when those involved agree.
Comparison with what happened in the Philippines, the most recent instance of a Chief Justice being impeached, makes it clear that what amounts to a judicial process was followed there. The first statement of the Liberal Party on this subject drew attention to that case, and our second statement suggested that our Standing Orders should be amended. Alternatively, we suggested the Select Committee could have a Sub-Committee consisting of former judges of the Supreme Court to assist it.
Unfortunately the Select Committee not only decided to proceed on its own, but dismissed all objections raised and requests made. Some of these may have seemed unreasonable, and the dissent of opposition members should not be taken as proving prejudice on the part of government members, given the oppositional nature of Sri Lankan politics. However a fair minded observer would wonder about allowing only a week for the statement of defence when six weeks had been requested. Even more startling is the fact that the defence was asked to commence ‘to disprove’ two charges one day after the documents relevant to those charges had been handed to them.
While the Chief Justice should not have walked out of the Committee, the claims made with regard to the language used suggest some doubt as to whether the assertion that she would not get a fair trial was unreasonable. Certainly the Committee should not have dismissed summarily the contention of opposition members that a written submission they made should be considered and the Chief Justice requested to appear before the Committee again.
However the opposition members should not have walked out, and I cannot stress enough the irresponsibility of opposition politics in Sri Lanka, in expressing through sulking what should be clearly stated and recorded. In 1981 the SLFP opposition was not present to vote when the UNP government passed a vote of No Confidence in the Leader of the Opposition, Mr Amirthalingam, and it was only Mr Thondaman and Shelton Ranaraja who stood against the overwhelming tide of their government colleagues and abstained. So too the manner in which the current opposition has made a nonsense of the 18thAmendment by not expressing their views on appointments such as that of the Chief Justice indicates a childishness that makes one despair. Had the opposition for instance expressed and put on paper its opposition to the appointment of Shirani Bandaranayaka as Chief Justice, the President would have found it embarrassing to have appointed her, and even more embarrassing to have encouraged impeachment when he had ignored advice offered on a constitutional basis.
But, as noted, our incapacity on all sides to use the procedures we have is what encourages contempt for procedural norms. Thus, where they do not exist, we do not even understand what problems we create for ourselves.

Ron Paul’s Departing Advice To The US Congress: Relevant To Sri Lanka Today?

Colombo TelegraphBy W.A. Wijewardena -January 7, 2013 
Dr W.A. Wijewardena
The self-taught economist
Ron Paul, libertarian to the end and US Congressman for 23 years out of a 35 year long political career, retired from active politics end-last year at the age of 78. He tried nomination for the US Presidency thrice unsuccessfully, the last being the just concluded Presidential election in 2012.
Though he was a physician by profession, he taught himself economics in the hard way, laboriously reading practically every book on economics. In that sense, he is a good example for Sri Lanka’s Parliamentarians and budding politicians to emulate. But it was the liberal free market economy system that was propounded by the Austrian school of economics, chiefly Ludwig von Mises, Friedrich Hayek and Murray Rothbard, and the Russian Émigré and novelist Ayn Rand that kindled his curiosity in the subject and was responsible for making him a solid convert to the doctrine. He is the author of six bestselling books on popular subjects in economics. Starting with The Case for Gold in 1982, he published a series of books announcing his philosophy of socio-political-economics to the readers: A Foreign Policy of Freedom (2007), Pillars of Prosperity (2008), The Revolution: A Manifesto (2008), End the Fed (2009) and finally Liberty Defined (2011). With a sound knowledge of how an economy works in a practical sense, he did not hesitate to argue in live TV debates with giants in economics, one being the Nobel Laureate Paul Krugman. Another Nobel Laureate Joseph Stiglitz, though in the camp opposite to Ron Paul’s, had agreed with him when he said that a central bank was not needed for the prosperity of a country.
A master debater
Ron Paul’s ability to engage in debates has been remarkable. In one of the TV debates Paul Krugman tried to ridicule him saying that he was trying to take USA back to 150 years ago. To this, Ron Paul’s quick response was that Krugman, with his government expansionist policy, was trying to take USA 1000 years backward. His reference was to the Roman Empire which had a lot of government intervention in the economy leading eventually to its demise (available here).
Departing advice to the US Congress                            Read More                           

Judges of panel that heard CJ’s petition threatened

TUESDAY, 08 JANUARY 2013
logoJudges Anil Gunaratne and K. Skandaraja who were in the panel of judges that heard the petition filed by Chief Justice Dr. Shirani Bandaranayake have been threatened over the telephone say reports.
Colombo Magistrates Court has ordered the police stations at Bambalapitiya and Borella to arrest the persons who had threatened the judges over the telephone and bring them before Court.
Also the telephone companies have been ordered to make available analytical reports on the numbers of the telephones used for threatening calls.
Judge Anil Gunaratne has made a complaint to Borella Police regarding the threatening calls he received and the complaint had been heard by Additional Magistrate Ms. Prabharsha Ranasinghe. Meanwhile, the complaint made by Judge K Skandaraja to Bambalapitiya Police was taken before Colombo Additional Magistrate Tikiri K. Jayatilleke

Appeal Court judges get threatening calls


TUESDAY, 08 JANUARY 2013
The Colombo Magistrate’s Court ordered the Borella and Bambalapitiya Police to get relevant details from phone companies after Court of Appeal Judges S. Sriskandarajah, and Justice Anil Goonarathne had received threatening phone calls, the day before the CA delivered its ruling on PSC.

Justice Sriskandarajah had lodged a complaint with the Bambalapitiya police, while Justice Goonarathne had lodged a complaint at the Borella Police.
According to reports Court of Appeal Judge S. Sriskandarajah had received an anonymous call to his residence on the eve of delivering the Court of Appeal Judgment yesterday, the Police said.

The Police said that both Court of Appeal Judges received the calls on January 6 (Sunday). The anonymous caller had threatened the judges not to proceed to court the next day.

The Police said that the call to Justice Sriskandarajah had been made from a public phone booth in Rajagiriya, and they are conducting investigations into the incident.

The Borella and Bambalapitiya Police are conducting investigations into the incident. ( Hafeel Farisz & Dasun Rajapakshe)