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

Friday, January 18, 2013


Video: SL’s explanations not satisfactory: US State Department

THURSDAY, 17 JANUARY 2013 
The United States said the Sri Lankan governments ‘explanation’ on the impeachment of Chief Justice Dr. Shirani Bandranayake was not “satisfactory in terms of protecting democracy”.

The spokesperson for the US State Department, Victoria Nuland made these remarks in response to questions posed by journalists, during the daily press briefing.

She added that it is too soon say what impact the action would have on US foreign assistance to Sri Lanka in the future.

Nuland confirmed Sri Lanka had requested 16.5 million dollars in assistance, for 2013.

“Just for your records, U.S. Government assistance for FY2012 for Sri Lanka was $27 million. This included 13.3 million in bilateral assistance programs which primarily related to peace and security, human rights, economic growth, and democracy programs” she said.
WATCH

‘We Don’t Need You, We Got China’ Gota To US

By Colombo Telegraph -January 18, 2013 
Secretary to the Ministry of Defence  Gotabhaya Rajapaksa says that each time he meets the US Ambassador to Sri Lanka she asked him why he had not taken steps to punish Sri Lankan soldiers.
Gotabaya
Colombo TelegraphSpeaking at a presentation ceremony at the National Chamber of Commerce yesterday Rajapaksa said that he always responds to Ambassador Michele Sison that soldiers cannot be punished without due procedure being followed.
The  Secretary to the Ministry of Defence referred to remarks made by Ambassador Sison in Matara on Wednesday when he claimed she criticized the impeachment process against Chief Justice Shirani Bandaranayake.
“The biggest threat the US can pose to Sri Lanka’s military is to take away their defence scholarships” Rajapaksa said, adding that if they withdrew the training programmes, China would replace them. “We can send our soldiers to China for training” the  Secretary said.
He claimed that Sri Lanka had not received any weapons assistance from the US during the war.
In Matara on Wednesday, the US Ambassador noted that “actions that undermine an independent judiciary in Sri Lanka may also undermine Sri Lanka’s ability to attract foreign investment. It’s no secret that foreign investors assess the state of rule of law in a country as a factor when making investment decisions.”

Jonathan Manthorpe: Thrust for centralized power by Sri Lankan president puts Commonwealth summit at risk
Canada, for one, saying the prime minister won’t attend unless Sri Lanka addressed rights issues

Chief Justice Shirani Bandaranayake is driven away from her office in Colombo, Sri Lanka, Tuesday, Jan. 15, 2013 after being fired by Sri Lankan President Mahinda Rajapaksa, who swore in Mohan Peiris, a trusted aide and retired attorney general and a legal adviser to the Cabinet, to replace her.

Photograph by: Gemunu Amarasinghe , AP- JANUARY 17, 2013

THE VANCOUVER SUN 

Jonathan Manthorpe: Thrust for centralized power by Sri Lankan president puts Commonwealth summit at riskThe removal of the chief justice of Sri Lanka’s Supreme Court by President Mahinda Rajapaksa has sparked international outrage because it seems to many to be another firm step in his establishment of a family dictatorship.
And it comes at a time when many foreign capitals feel forced to respond because Sri Lanka is to host the 54-member Commonwealth Heads Of Government Meeting (CHOGM) later this year. Typically, the human and political rights records of members of the club of former British Empire colonies is always an issue at such meetings.
Canada’s Citizenship Minister Jason Kenney has already said Prime Minister Stephen Harper will not lead a delegation to the summit unless the Rajapaksa administration addresses the country’s deepening problems of human rights, accountability and political reconciliation after the May 2009 end of the 27-year civil war against the Tamil minority.
Other Commonwealth members are feeling varying degrees of public and political pressure to take a stand. For now, Australia says it will attend, but Britain says it has made no decision.
Since the confrontation between the Sri Lankan government and Chief Justice Shirani Bandaranayake started in November, the head of the Commonwealth Secretariat in London, Kamalesh Sharma, has issued three statements expressing mounting concern at what appears to be an assault on the independence of the judiciary.
The tone of the Commonwealth statements carry an implicit warning that there may be a demand among member states to move the summit elsewhere. If that happens, it’s unlikely to concern the Rajapaksa government, which regularly thumbs its nose at international dismay at its increasingly harsh human and civic rights record.
Sri Lanka has been torn by ethnic violence almost from the moment of independence from Britain in 1948.
Within the Buddhist Sinhalese 75 per cent majo rity, there are unfortunate strains of racial triumphalism and intolerance that have fostered persistent persecution of the 12 per cent Hindu Tamil and 10 per cent Muslim Arab minorities.
From this flowed the uniquely violent Tamil 27-year war for independence in the north of the island.
But questions about the civic morality of Rajapaksa, who was first elected president in 2005, stem from the final days of the war in May, 2009.
The remnants of the Tamil Tigers and about 30,000 civilians were bottled up in a small enclave on the island’s north coast.
The bloodshed in the army assault was enormous. United States embassy cables to Washington published by WikiLeaks say Rajapaksa was responsible for ordering the massacre of civilians and the execution of captured Tamil Tigers.
A United Nations panel appointed in April 2011 by secretary general Ban Ki-moon says as many as 40,000 people were killed in the final weeks of the war and has called on the Rajapaksa administration to account for what happened.
He has denied committing war crimes and instead of seeking reconciliation with the Tamils and other minorities has set about creating a centralized, Sinhalese-dominated state.
Plans for greater provincial regional autonomy, once part of a ceasefire deal with the Tamils, have seen no progress. The purposeful trend is toward centralization of power in Colombo.
With the Tamils defeated, the attention of Rajapaksa’s Sinhala nationalist supporters has turned to the Muslims, descendants of Arab traders. In the last year there has been a series of Sinhalese mob attacks on Muslim mosques and shrines that appear to have political protection and which police have done nothing to stop.
There has also been a steady increase in Sri Lanka’s already appalling record of attacks on journalists, especially those questioning government policy.
Rajapaksa’s confrontation with Chief Justice Bandaranayake stems from his program to claw back power from the provinces.
In November, she chaired a Supreme Court hearing that decided a move to give control of a $600 million development program to the Ministry of Economic Development was wrong because the constitution says development programs are provincial responsibility.
This is where the Rajapaksa family compact starts to come into play.
The Minister of Economic Development is one of the president’s brothers, Basil Rajapaksa.
And when, a couple of days after that Supreme Court decision, Parliament moved to impeach Chief Justice Bandaranayake, it was another brother, Speaker of Parliament Chamal Rajapaksa, who levelled 14 charges against her of abuse of power, failing to disclose financial interests and ruling on a case involving her husband.
She was impeached by a parliamentary committee, but an Appeal Court threw out the decision. Rajapaksa fired her anyway and installed a loyalist former attorney general in her place.
The Rajapaksa family influence on government is extraordinary.
A third brother, Gotabhaya, is Defence Minister. A nephew is head of Uva province and another is director of Sri Lankan Airlines. Cousins are ambassadors to Russia and the U.S. and another is chairman of Airport and Aviation Services Ltd. A brother-in-law is chairman of Sri Lankan Airlines.
jmanthorpe@vancouversun.com

Sri Lanka government moves closer to authoritarian rule

Sri Lanka's dismissed Chief Justice Shirani Bandaranayake. (Jan. 15, 2013)
Logo

Thursday January 17, 2013
Sri Lanka’s Rajapaksa regime has turned its eyes to the country’s judiciary for its next line of attack. In a group that includes civilians, journalists, elected officials, humanitarian workers and human rights defenders, the judiciary was always under a tight leash but recent developments indicate that they, too, are no longer immune from immediate threat.
With this week’s overwhelming vote by parliament in favour of the impeachment of Chief Justice Shirani Bandaranayake, and President Mahinda Rajapaksa’s unabated endorsement of that move, Sri Lanka is further descending into authoritarian rule. The Sri Lankan bar and judiciary are rightly enraged over the illegal and undemocratic move by the Rajapaksa regime — one that challenges the independence of the judiciary and further weakens the rule of law on the island.
The latest move by the Sri Lankan government has touched the nerves of the international community. For those who cherish democracy and the judicial system that is inherently a part of it, this latest move is offensive to the core. It was not a surprise, therefore, that Prime Minister Stephen Harper condemned the impeachment on Jan. 13, calling it a “highly politicized (decision) lacking transparency.” He went on to “call on the government of Sri Lanka to respect the country’s constitution and the independence of its judiciary and change course immediately.”
The course the prime minister alludes to includes the Sri Lankan government’s continued failure to abide by any international standards in respecting and promoting human rights. Civil and political rights of individuals continue to be breached. This includes arbitrary detention, extrajudicial killings, rape and sexual violence, summary executions of journalists, and threats to human rights defenders. Further changes include the recently enacted 18th amendment. It signifies constitutional change that produces a permanent shift in favour of the elimination of critical checks and balances, giving increased powers to an already powerful and autocratic president.
Sri Lanka and the Liberation Tigers of Tamil Eelam stand accused of war crimes and crimes against humanity for their conduct in the last phase of the war in 2009. Sri Lanka’s Lessons Learnt and Reconciliation Commission failed to offer any meaningful answers to victims of the war. Despite calls for an international, independent investigation, two damning reports commissioned by the Secretary General of the United Nations and a resolution by the UN Human Rights Council, Sri Lanka continues to reject any attempts for accountability of its breach of international law.
Notable participants in the breakdown of the rule of law in Sri Lanka are the impeached chief justice, her judicial colleagues and the bar. With some exceptions, Sri Lanka’s bar and judiciary have unwittingly contributed to their own demise. The judiciary has failed to protect civilians against state action. A UN estimate indicates that more than 100,000 civilians were killed during the war and over 300,000 were held in makeshift camps — yet the judiciary failed these victims without proper judicial intervention.
Lawyers, judges, some civil society actors and international governments may be appalled about the impeachment of the chief justice. But for those who continue to suffer from a lack of action, in particular the Tamil population, this is a reaffirmation of the injustice they routinely endure.
Our experience is different in Canada. The judiciary provides a balance between the executive, legislative and the judicial branch. In Sri Lanka, it is an extension of the executive — in particular, President Rajapaksa. This judiciary endorses government policy rather than challenges it. If the Sri Lankan government and judiciary are to salvage the conditions for peace it squandered in the 3 1/2 years since the end of the war, it must put in force the rule of law and build confidence in the legal system.
The judiciary must stop acting as a spineless authority. Independence cannot simply exist in words; it must be embedded in the system. Until then, Chief Justice Bandaranayake’s impeachment will serve as a reminder that one must not wait to speak until injustice comes knocking at our very own doors. In the end, neither she nor the people she served received justice.
The future remains bleak, but the Harper government’s commitment to raise the “troubling development” at the next Commonwealth Ministerial Action Group is a promising next step. In the wake of this development, it is time for the prime minister to carry forward his commitment to boycott the Commonwealth Heads of Government meeting later this year. This is a necessary action that would be just and fair in an environment of growing injustice.
Harini Sivalingam is a lawyer and human rights activist. She is currently pursuing a PhD in Socio-Legal Studies at York University in Toronto.

Sri Lanka the Wrong Choice to Top BA's Holiday Destination List

17/01/2013
The Huffington PostAs temperatures plummet and winter starts to bite, I'm sure many people will be reaching for holiday brochures and thinking of escaping to warmer climes.
For those contemplating an escape to Sri Lanka, I'd like to offer a cautionary tale about one of my constituents. Rochdale Red Cross worker Khuram Shaikh was brutally murdered on Christmas Day on a Sri Lankan holiday just over 12 months ago.
Khuram was used to working in some of the most dangerous places on earth. He worked in prosthetics and helped people who'd lost limbs from bombs, landmines and diseases. But it wasn't a warzone where he was killed. He was shot and stabbed by a gang of drunken thugs at a hotel overlooking white sands and an azure sea shimmering under the sun. Fringed by palm trees with a warm sea breeze coming off the Indian Ocean, his place of death seemed the perfect holiday, a veritable tropical paradise.
But scratch beneath the idyllic veneer and there is another side to Sri Lanka that you won't find mentioned in glossy holiday brochures. There is a hint of it, though, on the Government's travel advice page at the Foreign and Commonwealth Office website.
Here you'll find a warning that sexual attacks in Sri Lanka are increasing. Last year saw 700 child rapes in the first six-months alone with politicians from the country's governing party named as suspects in several cases.
You'll also see warnings that tourists should "exercise a high level of vigilance" due to "organized and armed gangs" frequenting tourist areas.
On top of which there is Sri Lanka's long litany of human rights abuses, too many of which to document here, and a worrying absence of the rule of law. In Khuram's case a politician was among those initially detained, but all suspects have subsequently been released, no charges brought and no trial planned.
All of which begs the question why on earth has British Airways decided to make Sri Lanka their top recommendation for New Year travel? Britain's leading airline has recently published a list of top travel destinations for 2013 with Sri Lanka their number one choice ahead of Brazil, Croatia and Las Vegas.
It is not only irresponsible but unethical of BA to be promoting a country with an appalling human rights record that has shown little interest in investigating the murder of a British national at one of their leading resorts.
BA's destination manager talks about 'endless beaches' and 'elephant treks' to promote Sri Lanka but ignores the fact our own Government has acknowledged that there is an 'underlying threat of terrorism' there and attacks can be 'indiscriminate'. Not to mention growing concerns in the international community about human rights violations.
Tourism trends change from year to year with new destinations competing for what is an extremely lucrative global market. Stunning beaches and warm weather are very enticing to anyone struggling through a freezing January. But this means very little when the rule of law doesn't apply and justice is denied to British tourists murdered in appalling circumstances.

Mohan Peiris Is Biased, Removal Of The CJ Is A Calamitous Setback For The Rule Of Law- High Commissioner UNHRC

By Colombo Telegraph - January 18, 2013 

Colombo Telegraph“The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities.” says the UN High Commissioner for Human Rights Navi Pillay for Human Rights Navi Pillay.
Navi Pillay
Issuing a statement the Spokesperson for the UN High Commissioner for Human Rights, Rupert Colville today said; “The removal of the Chief Justice through a flawed process — which has been deemed unconstitutional by the highest courts of the land — is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka.”
We publish below the statement in full;
The UN High Commissioner for Human RightsNavi Pillay is deeply concerned that the impeachment and removal of Sri Lanka’s Chief Justice has further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation.
The removal of the Chief Justice through a flawed process — which has been deemed unconstitutional by the highest courts of the land — is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka.
Chief Justice Shirani Bandaranayake was served notice of her dismissal and removed from her chambers and official residence on Tuesday (15 January), in spite of a Supreme Court ruling that the parliamentary procedure to remove her violated the Constitution.
Sri Lanka has a long history of abuse of executive power, and this latest step appears to strip away one of the last and most fundamental of the independent checks and balances, and should ring alarm bells for all Sri Lankans.
The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities.
We are also concerned that the impeachment process has caused bitter divisions within Sri Lanka, and that it sends an ominous signal about the Government’s commitment to accountability and reconciliation. It flies in the face of the strong calls by the Lessons Learned and Reconciliation Commission, and by leaders of Sri Lanka’s civil society and legal profession, to rebuild the rule of law which has been badly eroded by decades of conflict and human rights violations.
Just this morning we have received alarming reports from the Independent Bar of Sri Lanka of a series of death threats, acts of intimidation and even a couple of reported murder attempts against lawyers who have been supporting Chief Justice Bandaranayake, and the rulings of the Supreme Court and Court of Appeal on her case.
The High Commissioner will be issuing a report on Sri Lanka at the February-March session of the Human Rights Council, focusing on the engagement of UN mechanisms in support of the accountability and reconciliation processes.


Hindu says Rajapaksa has placed his interest over that of the country

Friday, 18 January 2013
India’s influential newspaper the Hindu said in a hard hitting editorial that the Sri Lanka President Mahinda Rajapaksa has placed his and and his regime’s interest over that of the country and its institutions when the Sri Lankan Chief Justice Dr. Shirani Bandaranayaka was impeached and replaced.
The newspaper said it would certainly lead to international blame and condemnation.
“The episode is one more instance of President Mahinda Rajapaksa placing his own and his regime’s interest over that of the country and its institutions. It is certain to contribute to institutional decay, attract international opprobrium and underscore the impression that Sri Lanka is ruled not by law but by the will of individuals,” the leader editorial said.
“Sri Lanka’s democratic institutions are in ferment once again. The impeachment of Chief Justice Shirani Bandaranayake and her quick replacement with former Attorney General Mohan Peiris come as an unsavoury climax to an unedifying standoff between the judiciary on the one hand and the legislature and executive on the other. The episode is one more instance of President Mahinda Rajapaksa placing his own and his regime’s interest over that of the country and its institutions. It is certain to contribute to institutional decay, attract international opprobrium and underscore the impression that Sri Lanka is ruled not by law but by the will of individuals. And the worrying fact about the country’s travails is that its chief executive, who ought to be the one most concerned about it and do more to strengthen them, is actively contributing to the undermining of its institutions. The country’s Parliament ignored judicial decisions against the validity of a parliamentary inquiry against Chief Justice Bandaranayake and went ahead with her impeachment. Mr. Rajapaksa lost little time in accepting the impeachment motion and appointing the Cabinet’s legal adviser to replace her. To external observers, the merit, or lack of it, in the charges said to have been proved against Ms Bandaranayake is of little consequence. Rather, the timing of the impeachment — coming close on the heels of a Supreme Court determination that a new law on development needed ratification by all provincial councils — is worthy of notice. The process, too, was of doubtful legitimacy, and the parliamentary vote, largely on party lines.
“The legal fraternity in Sri Lanka is already up in arms against the appointment of a new Chief Justice, as large sections of it seem to believe that the impeachment is a nullity as the parliamentary report based on which it was pursued has already been quashed by the Court of Appeals. Even if Mr. Peiris settles down in his post, it is doubtful if his rulings will command credibility. President Rajapaksa may be unable to undo this irreversible action, but the latest institutional crisis might help remind him that cleansing the judiciary is not a perfunctory task; rather, it requires a well-thought-out process involving appropriate legislation that safeguards the institution’s independence while ensuring a truly independent inquiry into charges of misconduct against judges.
by Walter Jayawardhana

Thursday, January 17, 2013


SRI LANKA: A BRAINLESS HEAD

by Nilantha Ilangamuwa

Sri Lanka: a Brainless Head

Sri Lanka Guardian"Nothing’s ever gone too far. Anything can be reversed; these are human decisions."
– Noam Chomsky (An interview with the Al Jazeera- Jan 12 )
( January 17, 2013, Colombo, Sri Lanka Guardian) President Rajapaksa does what he wishes to do. Nothing to be surprised of, that is who he is.  He impeached the Chief Justice saying that the law was so dear to him and that he was a humble follower of the law in this respectful country. Accordingly, he says that he followed the procedure as per the constitution. Now he has installed another subject to the forcibly vacated seat which we call the seat of the “Chief Justice”. One of his brothers who is also a key player of this panoply of nepotism of the barbaric raj claimed this as an aspect of “check and balance”. But as happened in many other cases, he misused the power obtained through the constitution, yet again. This is likely to be repeated by him to get rid of political obstacles he would face in the future as well. How can you predict the strength of a building which appears to be beautiful and strong but is structurally outworn, unless you see the inside? You will never comprehend through your bird’s eye view how the power beast misused by the present ruling family cleared the way for the Chinese to make  roads and wetland parks throughout the country.
Today, he accomplished his barbaric mission against the chief justice, and he installed a yes man according to his tradition. This is what his law is. Don’t we have shame in ourselves to keep this kind of man as the leader?  Sri Lanka is under control by the slayer who assassinated the last milestone of the nation. But we are in general yet to understand what really is happening, and how these psychopaths eliminated everything of real value to us.
For the country and its people it is now do or die situation. In other words, the island nation has entered its dying point as a righteous nation, due to  the Rajapaksas’ egocentric politics and their  harassments of truth. Like most of politicians in the world, they  never let the truth come out. What is wrong with this country? How come Rajapaksa can still cynically manipulate the nation and her dignity? Why are people in general yet to come out against this shocking assassination of the dignity of our nation? If Mr. Rajapaksa followed the so called “genuine procedure” to impeach the CJ, why did he deploy brainless political puppets to attack lawyers, eventually leading some of those innocent people to be attacked in public? The Police are reported to have refused to even lodge a complaint from those victims. If Mr. Rajapaksa was truly concerned about a genuine procedure to impeach the CJ, why did he use or allow state media to come forward as his mouth piece to personally insult the lady Chief Justice.
It looks as if those who personally insulted the lady CJ have forgotten that they were also born to women who naturally earn the respect as our first known human beings - Mothers. It is unbelievable as to how those people who expressed politically and emotionally motivated opinions through pro-state media in the last couple of weeks, could do so without any hesitation or show of responsibility to the nation.  At some point it seems shameful to be a man if you happen to listen to those headless chickens. Could we call it a constitutional problem? It confirms to me the situation under Maoism in China where the general saying was - women love emotions, men love flesh. The President himself has proven how willing he is to eat flesh while sharing with his political slaves.
It was in 2011 that the Government of Sri Lanka blocked several web sites including the Sri Lanka Guardian, which I’m editing, claiming that we were insulting the leader and some selected people in the Government. But to us we were reporting as is our duty as free media, informing the public.  However, when you observe as to how the leader is manipulating the media, you would identify with the real aspects of the crisis and his psyche that manipulates the crisis. At the same time by electing a leader like Mr. Rajapaksa we are showing where we stand as a country. Though many people are looking at this crisis as a deadly constitutional or rule of law crisis that we faced/are facing, it’s very clear that this is a devastating shameful socio-political evolution that we have earned after independence from the British. 
There is no doubt, the crisis of constitution is much older than other political developments, and it is a yesterday’s issue which is still bothering us. Perhaps, it is true that there is no obligation if someone claimed that that’s the root cause of the whole problem. However, before and after creating the authoritarian constitution and dressing it up in democratic clothes, the country went through many nightmares and killed hundred thousands of people without any accountability. The regime allowed the military and its supportive paramilitaries to take over all norms of freedom and use them on innocent people. Crimes within crimes, crises within crises, have emerged throughout the country.
Same aspects of this abuse occurred during the last war against the Liberation Tigers of Tamil Eelam, which dreamed of a separate state and fought for it for more than thirty years and was categorized as a terrorists’ organization by many countries. However, the last war has culturally changed the country’s structure and President and his forces have opened for themselves enormous opportunities to do anything they wished to. At the same time, it needs to be highlighted that at some point political dissents were also speechless over the breaches and misbehavior of the Liberation Tigers. The political framework created and manipulated politics by the Tigers for three decades vanished in 2009, and then Rajapaksa becomes the man of the match and the successive controller. Mr. Rajapakasa is not a statesman but an opportunist.
Mr. Rajapaksa, a long time ignorant man in the SLFP (The Sri Lanka Freedom party), has changed his entire image and he is capable enough to come forward as a Sri Lankan native man with the Asian smiling face. The mustache has given him what his inside doesn’t have while the blood color swell has given him a native appearance to go into public to spoil and/or poison the general mind with his political falsest. In the same way he has been lucky enough to have paralyzed the  dopey opposition which has no room but given enough space to steal its own members to have legitimate power in the parliament to the President’s will. In the same way he has trapped all the important people who have the capacity to oblige and change the public mind, and the media too is in his favor – all in the name of sovereignty of the nation. Thus, he created a culture, which has two core notions, sincere ignorance and conscientious stupidity. In these circumstances he was able to hide his weakness and be a perpetrator to those who were victims of his misuse of power.
In the same way, he shows that he has obtained his mandate from the people by conducting dozens of elections, while using state resources for political campaigns. Rajapaksa’s theory is simple to understand. He never believed anyone expect his brother who is holding dual citizenship and controlling the largest percentage of the annual budget, while working as just a secretary to the ministry of defence.  Rajapase’s theory seems to be to use the people for his political advantage and then kick them out whenever he wanted. To him people seem to be not human beings but just objects. He did not value what others have been done, he did not worry about taking revenge against the dissents, and he did not hesitate to betray others to get rid of political obstacles. He would use one of his close associates to get the job done, when he wanted to wipe out opponents. Once his mission was accomplished he would order fake investigation against his yes men while claiming before the public that he is a dear man who would oppose any unlawful actions. What’s quite amazing is that almost every crucial political step has been seen as being taken by others not by Rajapaksas, though Mr.Rajapaksa has ratified what others approved, including impeachment motion against the Chief Justice which was signed by those who were in the Government but not by any of the Rajapaksa brothers.   Their hands are ‘more clean’ than those of others who support the regime. This is none other than political slavery of this nation to protect just a most corrupted family in the history of Sri Lanka.
In these circumstances Mr. Rajapaksa has strong chances as well as manpower to assassinate prime institutions of the state. He seems to have well understood that the law could do nothing against him, including according to the constitution.  But the crisis in Sri Lanka is one of conflicts between humanity and inhumanity, justice and injustice, freedom and oppression, egoism and law. The Law has changed in order to support the might. This is the point the entire country took the wrong path. While most other developed nations seem to have higher levels of respect for law, most Sri Lankans believed in the people who came to power from time to time. Law has been kept as a taboo subject in the nation. This has led to unconditional power opportunities to wipe out thousands of unarmed civilians.
There were two main political ideologies manipulating the society. One was the myth of separate state within the country which was put forward by militant organizations and the Tamil Diaspora. Second is Sinhalese dominant political ego which led to the claim of unitary state, but it is laughable because most of the proponents don’t know the difference between the state and the government, leave alone belief and rule of law.  These two notions have created political framework within the country and divided it into two communities except for a few people from both communities who tried to raise the fact that the dilemma we are faced with is much deeper than bedeviled myth. The impeachment against the Chief Justice and Rajapaksa’s ability to over throw the country’s first female Chief Justice confirm that the country is clearly under dictatorship.
Today, he accomplished his barbaric mission against the chief justice, and he installed a yes man according to his tradition. This is what his law is. Don’t we have shame in ourselves to keep this kind of man as the leader? Sri Lanka is under control by the slayer who assassinated the last milestone of the nation. But we are in general yet to understand what really is happening, and how these psychopaths eliminated everything of real value to us. Now the nation is like a head without a brain. Unfortunately we are ignoring the fact that others can feed you knowledge but none can give you a brain.
(The writer can be reached at ilangamuwa@gmail.com)
Amend constitution. Share powers. Tamil Alliance urge

Thursday , 17 January 2013
The constitution act of executive presidential system which accrues all powers to an individual should be eradicated or amended. Through the new constitution act, powers should be shared to everyone without ethnic or religious discrimination and all should live with equal rights.
Such request was made yesterday by Tamil National Alliance parliament member M.A.Sumenthiran on his participation at the media briefing organized by the "Sharing powers and unite the country" movement held at Colombo Azath Saali center.
He said after the actions got concluded in removing the former Chief Justice, Speaker made a suggestion. "It was very difficult in the past, hence the present constitution act should be removed”, was the entreaty made by him. We support to his request was said by Sumenthiran.
Speaker explained by his own words how this post removal activity occurred.  His statement established that this action was not processed in the proper manner which we felt it.
All the powers are hoarded to an individual who is the Executive President which should be amended. Concerning this the present constitution act should be changed or eradicated.
Through the new constitution, according to our objective, powers should be shared to everyone. Without race, religion bigotry equal rights should be granted to everyone and powers should be shared in the manner that all could utilize the state powers was mentioned by him.

Parliament Has No Unlimited Sovereignty – Scotland’s First Minister

“Our tradition states that the people of Scotland are sovereign and that they have the power to determine the form of government best suited to their needs. It stands in contrast to the UK principle that parliament has unlimited sovereignty.” says the Scotland’s First Minister Alex Salmond.
Alex Salmond
Talking about upcoming  referendum on Scottish independence  he said; “That UK tradition is one of the reasons that the UK has no written constitution. That makes the UK highly unusual among Western democracies, and unique within the European Union. That deficiency is a democratic deficit that an independent Scotland should not repeat.”
“We will make it one of the first duties of the parliament of an independent Scotland to establish a convention to draw up that written constitution. And we will return to our older constitutional tradition of the people’s sovereignty, by making sure the people are directly involved in that process.” he further said.
Read the speech in full;

New law to detain suspects for 48 hours

THURSDAY, 17 JANUARY 2013 
Parliament will enact new legislation next Tuesday to enable the police detain a person who has been arrested without a warrant for 48 hours before producing him or her before a magistrate instead of the normal 24 hours, officials said yesterday.

The Code of Criminal Procedure (Special Provisions) that provides for such a move was presented to Parliament on October 11 last year.   It is now listed in the parliament order book to be taken up for debate and approval on Tuesday.

A similar law was enacted in 2005 for the same purpose to facilitate investigations of people arrested without a warrant. However, the Act remained in operation only for two years till 2007.   The subject minister was required to extend the period of operation again till 2009 on a gazette notification in keeping with the criteria laid down in the original law.

It was not extended after the law lapsed in 2009. The present bill if enacted will be in operation permanently. 
      
Chief Opposition Whip John Amaratunga will begin the debate on behalf of the opposition.  The constitutionality of the bill was also challenged in the Supreme Court by MP Ajith Kumara who defected from the Janatha Vimukthi Peramuna (JVP) and joined the Frontline Socialist Party (FSP).

The Supreme Court determined that Clause 8 of the Bill was inconsistent with the Constitution, and therefore should be approved by a special majority.  (Kelum Bandara)

SRI LANKA BRIEFimage
A Hacker with twitter handle ”@ThisIsGame0ver” has hacked into the official website of Sri Lanka’s Media Center for National Security.
The Media Centre for National Security (MCNS) was established for the specific purpose of disseminating all national security and defence-related information and data to the Media and the public from one co-coordinated centre.
The hack was announced in Twitter . As per the mirror of the defacement page, the security breach was occurred on 14th Jan.
The hacker defaced main page(nationalsecurity.lk) as well as uploaded a defacement page in uploads directory
At the time of writing, the defacement page has been removed from the main page, visitors are being presented with a message that says “We are currently performing site maintenance. we’ll be back 100% in a bit. “
But We are still able to see the uploaded defacement page here : www.nationalsecurity.lk/MCNS/defence-security/news/plugins/spaw/uploads/index.html
The hacker also leaked the compromised database. The dump contains Sensitive information including admin username, password(plain-text format), MySQL username and password.
It also includes email address, username and plain-text format password of users
.
Reported by Sabari Selvan
on Wednesday, January 16, 2013|NS

Arrested under terrorism act, is released.
Thursday , 17 January 2013
The confession of guilt statement made by a person who was arrested under terrorism prevention act in year 2009 was rejected by the Jaffna high court.
 
He was identified as not guilty hence was released yesterday. This case was taken for verdict yesterday Wednesday in the presence of Jaffna high court Commissioner J.Viswanathan.
 
The youth named Appathurai Agilan from Puthur east, was charged that he was the member of the Liberation tiger movement, in year 1990, June, September month’s period, and had undergone war training, was engaged in organizing violence in Jaffna Maniyam Thottam area.
 
He was arrested by the terrorism investigation unit police at Vavuniya Chettikulam in year 2009 month of July.
 
After investigations he was produced before the Colombo Chief Magistrate courts. On the source of confession of guilt statement, Attorney General filed charge sheets at the Jaffna high court against the suspected person.
 
During the declaration of trust inquiries,  the confession of guild statement which is stated of given by him was rejected by the court on last 18th.
 
Attorney General Department notified the courts that there is no evidence against him. Hence Agilan the case respondent was released from the charges and was proved innocent and was released yesterday by the high court.
 
Attorney K.Sugash backed on behalf of the respondent. On behalf of the Attorney General Department, Lawyer Miss.Nalini Kanthasamy advocated.

EPDP staged protest against Shritharan in Killinochc​hie
[ Thursday, 17 January 2013, 07:37.52 AM GMT +05:30 ]
EPDP together with members of military intelligence unit staged protest on demanding to shut down the office of TNA parliamentarian S.Sridharan in Killinochchie.
Protesters began their protest at Kaakaakadai junction and marched up to Killinochchie divisional secretary.
Recently Lankan intelligence unit members raided the office of TNA parliamentarian C.Sridharan and recovered stock of ammunitions from his office. Later on security personals arrested the TNA organizer Wezmalithan and his supporters.  At present members of EPDP has staged protest against the Shritharan and Ponekandan.
Protesters forcibly joined 6 women visited shop to purchase goods. Due to security reasons we decided not to upload the voice cut of these women. Shritharan is leading politician who won good name among local and migrated Tamil people and always work hard for the justice of Tamil people.
Lankan government continuously works hard to aside Shritharan from political activities. At present Lankan government hope to appoint government chief minister in the North as they appointed government CM in the East.
Government in fear weather supporters of Sridharan would appoint none government candidate has CM of the Northern Province.