BASL Boycott Ceremonial Welcome Of Mohan Pieris As CJ

By Colombo Telegraph -January 23, 2013 

The ceremonial sitting that was held in breach of traditions that has been followed for well over 200 years was boycotted by Bar Association of Sri Lanka and all leading Presidents’ Counsel in the Country. All local and international media were prevented from entering the Supreme Court complex and not allowed to cover the ceremonial sitting. 

For the first time in the history the Ceremonial sitting to welcome new Chief Justice was held under heavy police protection as has never seen before. Those who did not grace the occasion and notably absent President’s Counsel were Wijedasa Rajapakse, K. Kanag-Isvaran, Romesh de Silva, Ikram Mohamed, Srinath Perera, Dr. Jayampathy Wickremaratne, Geoffry Alagaratnam, Jayantha Gunasekera, Anil Silva, Ananda Wijesekera, Maureen Seneviratne, Rohan Sahabandu, Uditha Egalahewa, Prasanna Jayewardene, Maithree Wickremasinghe, Harsha Amarasekera, Nalin Ladduwahetty and Senior Lawyers S.L. Gunasekera ,I.S. de Silva.

A ceremonial sitting of the Supreme Court is traditionally organized after the Bar Association of Sri Lanka makes an official request for a ceremonial welcome of Judge who is appointed to the Supreme Court.

Without such a request there cannot be an official ceremonial sitting. In the case of appointment of Mohan Pieris as the Chief Justice the Bar Association did not make such a request and in fact passed a resolution unanimously at an extraordinary meeting where well over 3000 of the Lawyers participated that the BASL will not participate in any such ceremonial sitting.

A Ceremonial Sitting involves two traditional addresses – one by the President of the BASL (the head of the unofficial bar) and another by the Attorney General (head of the official bar) welcoming the new appointee to office. The President of the BASL and its members cannot participate in any ceremony to welcome Pieris in keeping with the resolution of the BASL general body. All Attorneys at Law are members of the BASL, including the officers of the Attorney General’s Department.

In keeping with that resolution the Bar Association and its members and leading Presidents’ Counsel who form the inner Bar did not grace the occasion. There were pro Government Lawyers who are holding key posts in the Government Corporations and Departments who participated. There was not a single President’s Counsel with a standing who was willing to break the tradition and go against the resolution passed by Bar Association of Sri Lanka.

However, breaking all traditions Razeek Zarook, President’s Counsel the recently appointed Chairman of the Bank of Ceylon, has made a welcome speech. 

Systemic Crisis: It Is Not Over

By Sumanasiri Liyanage -January 22, 2013

Sumanasiri Liyanage

There is an unusual and unexpected calmness in Hultsdorf in the post-impeachment days in spite of the fact that all traditions and conventions were put aside in the appointment of the new Chief Justice in place of Dr. Shirani Bandaranayake. At the time of appointment as the CJ, Mr Mohan Pieris was a director of many private companies and the legal advisor to the Cabinet. Previously, of course with rare exceptions, it was either a most senior Supreme Court Judge or the Attorney General who was appointed by the President as the CJ. The present appointment is totally outside the legal system. This is somewhat a hilarious occurrence. Previously, a retired CJ was appointed as an advisor to the President; this time a legal advisor was promoted to the position of CJ. Karl Marx would have added, first time as a tragedy and second time as a farce. The system of making CJ after retirement political was replaced now by pre-CJ political training. Hence if he comes up with pro-government and pro-private enterprise verdicts, it would not be a matter to be surprised. It is equally amusing that the ‘big talks’ of the Bar Association of Sri Lanka and the Lawyers’ Collective have come to an end suddenly. One of my friends at the university remarked: “We struck work for nearly 100 days; they have failed to fight back even a day”. In explaining this post-impeachment scenario, I advance further the argument that was outlined in my previous articles on the same subject.

Let me begin with a point that is of relatively less importance. Why has the lawyer community failed to continue their campaign? Lawyers’ struggle has been purely legal-constitutional so that it was grounded on a very weak and fragile basis. Constitution is a ‘text’ reading of which may produce multiple meanings. As a person with no legal background or training, my reading of the text is a layman’s reading. In my reading of the1978 Constitution, it is totally incorrect to argue that although separation of powers between three organs of the state is clearly specified in it, three organs stand on a par with each other. Article 4 specifies how ‘the sovereignty of the people shall be exercised’. Not only the legislative power of the people but also the judicial power of the people shall be exercised by the Parliament, the difference is while the former shall be exercised by the Parliament directly the latter shall be done indirectly through courts set up by it. Constitution provides measures to ensure the operational independence of the judiciary vis-à-vis the legislature and the executive. However, the judiciary is not an organ of power that is on a par with the legislature and the executive. Secondly, one may wonder why BASL and the Lawyers’ Collective made hair-splitting arguments about the Article 107 (3). Any layman can see that the Parliament can act by using its standing orders over an impeachment motion. I looked at what the 2000 Constitution Draft that some members of the Lawyers’ Collective are well aware of said about the matter. Once again it is verbatim inclusion of what is in 1978 Constitution. Of course, it has proposed to adopt something similar to the 1968 Indian Judiciary Act prior to the acceptance of such an address by the Speaker of the Parliament. That was why I argued in my previous article that the position of the BASL, Lawyers’ Collective and the Supreme Court determination are incorrect. Sri Somnath Chatterjee, a Speaker of Indian Lok Sabha, argued strongly that two organs should act within the boundaries defined by the Constitution. He once remarked: “My humble contention is that no one is above the Constitution. If the Constitution of India has said that no court shall have jurisdiction over the internal proceedings of the legislature, the Court cannot annul it with some sort of interpretation. So, I am hopeful and I believe that the Supreme court, in its wisdom, will not in the future or ever accept any attempt to have such interpretations, which would allow an interfacing supremacy.” It appears that the lawyers have decided to end their campaign partly because of the realization that their reading of the text is not correct.

By emphasizing the ‘legality’ of the impeachment process, I do not reject the view that the impeachment process from the beginning to an end has been a politically motivated exercise. On the contrary, I submit that this so-called legality is the one that has to be questioned and challenged.

Let me now turn to a point of great importance recapitulating the principle argument that I advanced in my previous articles. In Sri Lanka, the state of exception today is not an exceptional state but a normal situation. Of course the process is still in progress. An attempt to increase the number of hours that police can keep a person without presenting to a magistrate from 24 to 48 hours is another step to make this state of exception normal. The Government has already presented a bill to that effect even the Lessons Learned and Reconciliation Commission (LLRC) has recommended to reduce the duration of police custody. Since the state of exception has been established through constitutional means it has to be supported by introducing two incentive and ideological instruments, namely, a system of bribes and promoting Sinhala Buddhistideology. Renewal of hate campaign against Muslims in Sri Lanka with the support of the Government or the parties belonging to governmental coalition is a clear evidence to the presence of this second element. In such a situation all liberal slogans like the establishment of the rule of law is totally meaningless as many things have been done either by following existing law or introducing new laws or amending existing laws. The tug of war between the executive and the judiciary in the last 3- 4 months is a reflection of the crisis of the system. The executive responded by using the mechanism of impeachment to oust the CJ who had refused to operate within this system. Appointment of Mr Peiris as a new CJ putting aside traditions and conventions is an attempt to patch up once again this decadent moribund system. The silent acceptance of new CJ by the legal community that includes judges and lawyers show that the government was able to succeed for the time-being. Nonetheless, it does not mean that the system is stable or is based on solid ground. Although it appears that everything is hunky dowry, the continuous eruption of crisis and the presence of conflicts on regular basis shows the system prevails not because it can resolve amicably conflicts it encounters but because of the weakness and lack of perspective with regard to oppositional forces. The questions where and how next systemic eruption occurs is difficult one to be answered. However, the question why is obvious.

*The writer is co-coordinator of the Marx School, Colombo, Kandy and Negombo. E-mail: sumane_l@yahoo.com

Government on the crafty plan to colonize 2000 majority families with forces shield, in the guise of farmers

Tuesday , 22 January 2013

Government is in the initiatives of planning behind the scene of colonizing two thousand Sinhala families with the support of forces in the guise of farmers in the areas coming under the Vavuniya southern secretariat division located in the Northern Province periphery.

 

The relevant assignments towards this plan are moving rapidly and activities are processed to grant each family an acre of land is according to sources.

 

Under the humanitarian agricultural production activity working plan, two thousand acres of lands coming under the Vavuniya Sothern divisional secretariat unit  will be introduced as  Sinhala colonization.

 

After 30 years of war, in the aim of developing the agriculture activities, these actions are processed was stated.

 

Pathviya, Sambathnagar and Bogawela villages which are coming under the Vavuniya southern divisional secretariat areas will be colonized with the support of 56th battalion from the forces for thousand Sinhala families.

 

With the support of 72nd battalion from the forces and Mahaweli Development Directive Board, further thousand Sinhala families will be rehabilitated.

 

Already systemized colonization for Sinhala families have commenced by distributing two thousand acres of lands coming under Vavuniya south divisional secretariat areas was stated.

 

Lands will be distributed for two thousand Sinhala families, and the distributions will be for each family an acre of land to get engrossed in agricultural activities.

 

The two thousand Sinhala families selected for these colonization activities are given assistance by the forces and other state organizations.

 

Further modern equipment and seeds required for agriculture activities are provided.  In addition to this Agriculture Development Minister Mahinda Yappa Abeyawardena has immediately allocated 10 million rupees finance to the basic necessities for the people getting colonized.

 

In the guise of farmers, government is much enthusiastically processing to increase Sinhala colonization in the north is according to information. 

Ultra-nationalism threatens economy

*A very dangerous trend, says business chamber

January 21, 2013, 8:42 pm 

Muslim businessmen and corporate leaders expressed concern and disappointment over being targeted by the radical group ‘Bodu Bala Sena’, warning that it would have an adverse impact on the economy as the country struggles to mobilise both domestic and foreign investment while business chambers decried growing ultra-nationalistic sentiments in the country, putting the very foundations of the economy at risk.

The Bodu Bala Sena last weekend carried out a vociferous picketing campaign outside clothing retail chain Nolimit’s outlet in Maharagama, alleging that complementary sweets given to customers were laced with chemicals inducing impotency.

Sources told The Island that the sweets were manufactured by a popular local confectioner, not controlled by Muslims.

"Businesses run by Muslims have increasingly come under various smear campaigns in the recent past. The allegations, such as the sweets, are baseless and designed to create doubt in the minds of consumers. We are interested in doing business, not religion nor race. We serve people from all walks of life, race and creed. They trust us and keep coming to us because of our products and services," one Muslim businessman said not wanting to be named.

"The spread of false information by certain groups with vested interests are shrugged off by many our clients. Many of our non-Muslim clients have expressed disappointment and disgust over the latest trend and they are with us. We hope the government would do something about this because it could lead to something far worse. The fear psychosis that some people are trying to create about the Muslims would only hurt the peace that was won in 2009, and have a negative impact on the economy," he said.

Another businessman, not wanting to named, said business came naturally to many Muslims. "What I mean to say is this, we work very hard and this is why we are successful."

From street vendors, to corner shops, retail giants and diversified listed corporates, the country’s Muslim community has made its mark in the country’s economy.

"Our economy depends on oil exports from the Muslim world, and if not for their credit lines where would we have been? West Asia is also fond of our tea. This government cannot and should not lay back and watch what is happening. The consequences would be too severe for all communities if things are allowed to go out of hand."

Another corporate leader said it would not be in the best interests of Muslim-owned businesses to press charges against those spreading rumours and false information. "This would only aggravate the matter. But the government should step in and play a more active role. Protect the peace; be fair by all; that is all the government should do," he said not wanting to be named.

Business Chamber of Commerce Secretary General Jagath Savanadasa says ultra-nationalistic impulsive behaviour would hurt the entire country, not just its economy. "This kind of behaviour is very bad. We should, together, uplift the country’s economy and not bring it down by creating enmity. Even during the worst of times during the decades long conflict there was no enmity between Sinhala and Tamil businesses, so it is shocking that the Muslim community is being targeted.

"We should maintain healthy relationships with the Muslim community in Sri Lanka because we are all, after all, Sri Lankans. If there are any accusations against this community it must be examined first before ultra-nationalistic impulsive behaviour gets the better of us. This would also send bad signals to the international community. We trade heavily with the Muslim world and how can we survive without them? A little nationalism is good, but ultra-nationalism is a very dangerous thing and would do a lot of harm. It is saddening to note the merging trends. We can only hope sanity would prevail," Savanadasa said.

The National Chamber of Commerce of Sri Lanka (NCCSL) Secretary General E. M. Wijestillake said, "The chamber supports businesses of all communities, Sinhala, Tamil and Muslim, and we would stand by all our constituencies." He did not wish to elaborate owing to the sensitive nature of the problem engulfing the country.

Briefing: Sri Lanka’s Muslim IDPs 25 years on

Photo:
 Perera/IRIN

Still searching for home nearly 25 years later

COLOMBO, 21 January 2013 (IRIN) - Almost three years after the Sri Lankan government looked into resettling up to 100,000 Muslims displaced from the country’s north during the 1983-2009 civil war, thousands of Muslim families still find themselves in limbo, without the means to return to their former homes. 

Despite a time lapse of almost 25 years, Abdul Malik still remembers the announcement Liberation Tigers of Tamil Eelam (LTTE - separatist rebels fighting for an independent ethnic Tamil state in the north) made on 29 October 1990: All Muslims in Jaffna Peninsula, which included the capital of the war-hit Northern Province (Jaffna), had 24 hours to leave or face forced expulsion and death. 

“It was horrible, there were only three [Muslim] families living in the area where we lived. We just left the place we knew as home overnight,” said Malik who is now a religious `Moulavi’ leader at a small mosque in the northwestern district of Puttalam, where most Muslim families relocated. 
Why were they expelled? 
While the country’s Muslims from the Tamil-dominated north speak Tamil, they are not generally considered ethnically Tamil by Sri Lankans - of all ethnicities - on account of their religion (most Sri Lankan Tamils are Hindus or Christians). The expulsion of Muslims, who made up 5 percent of Northern Province’s population before 1990, followed the emergence of a new national Muslim political party, the Sri Lanka Muslim Congress. LTTE leaders feared the new party undermined LTTE’s goal of a mono-ethnic Tamil state. The few Sinhalese who used to live in Jaffna city were forced out years before Muslims. 

LTTE, which at the time controlled most of Jaffna Peninsula, made sure fleeing Muslims did not take with them any household items, furniture, or even land deeds in some cases. Each person could not carry more than US$2.25. 

The 30 October 1990 mass flight was the largest forced eviction of Muslims during Sri Lanka’s civil war. Researchers estimate close to 75,000 Muslims were forced from their homes during the late 1980s and early 1990s. 
Where are they now? 
Most resettled in northwestern Puttalam District, which already had a sizeable Muslim population. Their number has now swelled to 250,000, according to Colombo-based NGO Law and Society Trust, as well as the Citizens Commission on the Expulsion of Muslims from Northern Province by LTTE in October 1990. 

Formed in 2008 the Commission is a collective of Muslim civic groups campaigning for the rights of displaced Muslims. 

Almost a quarter of a century after their flight and 44 months since the end of the conflict in May 2009, most are still living in what was intended to be temporary relocation sites. 

“They really don’t want to go back if there is no guarantee of jobs and housing. So far there is no such guarantee,” said Abdul Matheen, a community leader working with displaced Muslims in Puttalam. 

Researchers and experts told IRIN that resettling people displaced for years was more complicated than resettling those displaced for a short time. 

“They tend to take longer to return and will attempt to rebuild their houses and livelihoods before shifting their entire family [back to their original villages],” said Mirak Raheem, a researcher with local NGO Centre for Policy Alternatives (CPA). 

Raheem, who specializes in displacement, told IRIN that most displaced Muslims were wary of leaving their current residence because they lacked the means to resettle. “They have lived for so long in displacement and tried to build a life there, they may opt to settle there. This is especially true for the generation borne and brought up in displacement.” 
What support are they getting? 
There are no current government or NGO-supported programmes to facilitate resettlement of displaced Muslims. 

The November 2011 report by the government-appointed Lessons Learnt and Reconciliation Commission (LLRC), which looked into the conduct of the war, noted “the treatment given to the Muslim community of the Northern Province has led them to believe that they are at the bottom of the list of priorities of the government, INGOs [international NGOs] and NGOs and the donor community”.

Assistance targeting displaced Muslims has been scant; one rare case is the US$34 million World Bank funded Puttalam Housing Project, completed in 2011,which provided 4,460 houses to internally displaced persons (IDPs). 
Have Muslims registered to return? 
In mid-2010 almost all displaced Muslims registered to return in order to qualify for six months of government-supported rations for returnees, according to Farzana Haniffa, editor of The Quest for Redemption: The Story of the Northern Muslims. 

But few actually made the return journey. 

Haniffa, who teaches at Colombo University, told IRIN it was up to the government to support the return of Muslim IDPs, most of whom have a closer linguistic affinity to the north. “They speak Tamil, while in Puttalam the working language is Sinhalese.” 
Are there any local tensions? 
In Puttalam, most displaced Muslims continue living off odd-jobs. Decent jobs, especially for youths, are scarce. Malik told IRIN that even after almost 25 years in Puttalam, he still felt alien. “I know that we are still looked upon as second class citizens here.” 

Matheen, the Puttalam community worker, said dwindling water and land resources, as well as scant jobs, have heightened tensions between Puttalam’s native population and Muslim arrivals. 

CPA’s Raheem told IRIN that if there were enough jobs, schooling, housing and health care in the north, many of the displaced would return. But jobsand housing reconstruction have lagged far behind needs in the former northern war zone. 
What about reintegration and reconciliation? 
The LLRC report acknowledged Muslims IDPs have been living in “dire conditions” for more than two decades and have had trouble integrating. Muslim IDPs interviewed by the Commission reported not being recognized as IDPs. In addition, they said they were “short-changed” in peace negotiations: their request to participate as an independent delegation was not honoured. 

The Commission concluded that Muslims IDPs remain one of the “key post-conflict challenges” with a “significant impact” on reconciliation prospects. 

“The Commission is of the view that durable solutions should be found to address this long-standing IDP issue concerning the Muslims evicted from the North, which contains the seeds of disharmony and dissension if it remains unaddressed.” 

ap/pt/cb 

Against the Criminal Procedure Bill

TUESDAY, 22 JANUARY 2013

The Frontline Socialist Party (FSP) held a protest outside the Fort Railway Station today over the Criminal Procedure (Special Provisions) Bill. Pix by Samantha Perera

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Posted by Thavam

Accountability delayed by Politics, ill-prepared institutions, says Prof. Ratner

2013-01-20 
The appointment of Mohan Peiris as Chief Justice is regrettable, though not surprising, in the backdrop of growing authoritarianism and undermining of the county’s Constitution, says Dr. Paikiasothy Saravanamuttu, Executive Director, Centre for Policy Alternatives (CPA) in an interview with Ceylon Today.

Excerpts:

By Dilrukshi Handunnetti

Q: CPA has been critical of the move to impeach Dr. Shirani Bandaranayake and the impeachment process itself. Why has the CPA taken up this cause at a time when there is serious division of opinion on the issue and with no precedents to go by?

A: CPA’s position, as expressed in our public interest litigation and statements, is based on a commitment to uphold the Constitution of the country, democratic governance and the rule of law. This is our mandate and our raison d’être. Our commitment in this regard will not waver, notwithstanding any division of opinion on the issue. It is a commitment to democracy and the rule of law that has led us to take up this issue, in the interest of all our people.

Q: According to the government, the installation of a new chief justice is in order, as is the removal of Dr. Bandaranayake from the post of Chief Justice. On what grounds do you claim of an imminent infringement of rights by the new appointment?

A: As you know, the higher courts of the country have stated otherwise. The Supreme Court, which has the sole authority to interpret the Constitution is determined otherwise. Likewise, a judgment of the Court of Appeal. Rejection of the determination by the Supreme Court and the judgment of the Court of Appeal, constitute in my opinion, a serious threat to the rule of law and opens floodgates to arbitrary and authoritarian rule. It fatally undermines democratic governance.

Q: Is Sri Lanka’s civil society active enough about issues of governance? Are you satisfied with civil society action with regard to the impeachment and the current tussle between the Legislature and the Judiciary?

A: I will always hold that our civil society should be much more active on matters of governance. Civil society should have been more active when the 18th Amendment was introduced. Notwithstanding this, the role of the courageous members of the legal community and the Judiciary should be acknowledged and appreciated – likewise those media organs which spoke out on the issue and gave space to others to voice their opinion.

I fervently hope that in the aftermath of this shoddy impeachment process, civil society will realize that there are challenges – serious challenges – ahead of all of us, and they have to be overcome. Civil society, however defined, cannot shirk its responsibility of contributing, in full and necessary measure, to making this a decent and democratic society.

Q: Has the ouster of Dr. Bandaranayake effectively reinforced parliamentary supremacy above the other two arms of government, or do you subscribe to the view that Parliament is indeed supreme, and is above the Judiciary at all times, according to the recent interpretation?

A: I do not agree that any arm of the government is supreme. It is the Constitution that is supreme. The checks and balances – on and between the arms of government – are of fundamental importance in a system of democratic governance.

The de facto situation at present is one in which the regime holds sway. This is dangerous and a serious threat and challenge to democratic governance.

Q: It has been suggested the impeachment was born out of ill-will due to two specific Supreme Court determinations, namely the Z-score matter and the Divi Neguma Bill. What are your views?

A: I tend to agree with this, especially with regard to the Divi Neguma Bill – the Supreme Court judgment on which was implicitly alluded to in the charges against the Chief Justice in the impeachment motion that mentioned CPA. There were posters against me too. I think the regime wants to denude the 13th Amendment of all powers in addition to its obsession with the grossest consolidation of power in itself.

Q: What is the basis for CPA to petition the Supreme Court challenging the new appointment in the wake of impeaching Dr. Bandaranayake?

A: The primary basis is as mentioned earlier, the supremacy of the Constitution, upholding the rule of law, the determination of the Supreme Court and the judgment of the Court of Appeal of Sri Lanka.

There are other factors too, as stated in the petition, pertaining to the Order Paper of Parliament. The petition has yet to be taken up, and therefore, I do not want to comment further.

Q: It is constitutionally provided for that a Chief Justice may be impeached with the motion being carried by the House with a majority. However, the CPA petition states the absence of a vacancy, which is contrary to the Parliament’s position. Do you mean to say that the removal of Dr. Bandaranayake is illegal, and if so, on what grounds does it become illegal?

A: I think my previous answer suffices. The motion requires a simple majority, according to the Constitution.

  

Q: One reason for impeaching Dr. Bandaranayake was the possibility of conflict of interest due to pending litigation against her husband over charges of corruption. How would you view the appointment of Mohan Peiris, who is legal advisor to the President and the Cabinet, in that context?

A: Very regrettable, indeed. Not surprising at all, though.

Q: Several petitions were initially filed challenging the new appointment of the new CJ, but were subsequently withdrawn. What could be the possible reason?

A: It is not my place to speculate. I just want to reiterate my earlier point about the challenges ahead and the pivotal importance of overcoming them in the overarching interest of democratic governance.

I do not underestimate the danger in all of this. I am sure people are aware of this and if not, I am sure they will be made aware. Our protection of our rights and duties as citizens, not subjects, was never going to be easy, especially at the point when such protection is critically and crucially necessary.

Gotabhaya faults US over unfair treatment of Maj. Gen.

By Shamindra Ferdinando

Defence Secretary Gotabhaya Rajapaksa yesterday alleged that the US government was persecuting Sri Lanka on the basis of false information and wrong assumptions.

A case in point was their recent decision to deprive Maj. Gen. Sudantha Ranasinghe of a US military programme on the basis of his being the General Officer Commanding (GOC) of the 53 Division during eelam war IV, an irate Rajapaksa said. Had the US Embassy inquired from Army Headquarters, Maj. Gen. Ranasinghe could have been cleared to attend the overseas course as he wasn’t with the 53 Division during the war, Rajapaksa said.

Throughout the campaign the 53 Division was commanded by Maj. Gen. Kamal Gunaratne of the Gajaba Regiment, whereas Maj. Gen. Ranasinghe of the Army Engineers was at the helm of the formation for five months beginning late last year. Recently he was appointed the Military Secretary. The bottom line was that Maj. Gen. Ranasinghe hadn’t been in command of any of the fighting formations, namely the 57 Division, Task Force I/the 58 Division, 59 Division, 53 Division, 55 Division and three other Task Forces involved in the Vanni offensive.

The Defence Secretary said that he couldn’t understand the basis for the US decision to deny a senior officer, of a friendly country, an opportunity to enhance his knowledge.

Army Commander Lt. Gen. Jagath Jayasuriya raised the issue with the US Embassy. The Army Chief pointed out that Maj. Gen. Ranasinghe had been left out of the programme without any valid reason. Having listened to the representations made by the Army Headquarters, the US Embassy acknowledged that a mistake had been made.

The Defence Secretary said that nothing could be as foolish as rejecting an officer on the basis of him being in command of the 53 Division or any other fighting formation during the conflict.

Maj. Gen. Ranasinghe took over a state-run project to rehabilitate ex-LTTE cadres in Feb 2010. He succeeded Maj. Gen. Daya Ratnayake.

The Defence Secretary expressed surprise that the US Embassy was unaware of Maj. Gen. Ranasinghe’s role as the Commissioner General of Rehabilitation. During his tenure as the rehabilitation chief, Maj. Gen. Ranasinghe worked closely with the international community.

Rajapaksa said that those trying to haul Sri Lanka up before an international war crimes tribunal over accountability issues propagate lies. The alleged use of cluster bombs, too, was another lie propagated by interested parties, the Defence Secretary said, while challenging those accusing Sri Lanka of mass killings, during the final phase of the conflict, at least to come up with one figure. He pointed out that some alleged 40,000 perished during the final phase. Others talk about 70,000 deaths, whereas some British politicians allege 100,000 deaths, the Defence Secretary said.

The Defence Secretary urged the US not to be deceived by false propaganda. "We expect the international community to appreciate our efforts against terrorism. Unfortunately a section of the global community is targeting us over unsubstantiated allegations," Defence Secretary Rajapaksa said.

Responding to a query by The Island, the Defence Secretary said that combating terrorism was a serious matter, which shouldn’t be undermined by private agendas of various individuals. The LTTE rump had repeatedly targeted some of Sri Lanka’s top military officers, with Maj. Gen. Shavendra Silva, currently Sri Lanka’s Deputy Permanent Representative in New York being the primary target.

The Sri Lankan government is expected to raise the issue with a high level US delegation scheduled to arrive in Colombo over the weekend. Deputy Assistant Secretary of State James Moore, Deputy Assistant Secretary of Defence Vikram Singh, and Deputy Assistant Secretary of State Jane Zimmerman are scheduled to visit Colombo and Male during the period of January 26 and February 1. James R. Moore has been a Deputy Assistant Secretary of State in the Bureau of South and Central Asian Affairs since September 2010. Moore was previously the Deputy Chief of Mission of the US Embassy in Colombo from 2006 to 2009.

Military rule prevailing in north, socialist party

Tuesday , 22 January 2013

Military rule is prevailing in the north, by imposing obstructions to hold general meetings which is  affirmed.

Tamil, Sinhala and Muslim workers from this country should unite and struggle to originate a socialist government was said by Socialist Impartiality party’s Jaffna district organizer P.T.Sambanthan.

Concerning this he further said, our party arranged a general meeting at the Jaffna Veerasinghe hall, but the hall administration refused permission. Hence we held the meeting outside the hall. This is the current situation in the north.

We obtained permission to hold the meeting five days before. But two officials introducing that they came from the Defense Ministry, had instructed not to permit the meeting to hold inside the Veerasinghe hall, which was informed to us by the officer in charge of the Hall Rajaram.

Rajaram informed us, only registered parties could hold meetings inside the hall. We notified that our party is registered, but still permission was refused.

 This prohibition clearly establishes that military rule is in existence in the north. This is an anti democracy act.

Queried only one party could rule this country? Those desires for anti-democratic action should oppose to this autocracy.  

Names of 89 Tamil villages turn to Sinhala language

[ Tuesday, 22 January 2013, 01:40.43 PM GMT +05:30 ]

Since end of war Sinhala government completely controls the northern part of the island. At present Lankan government attempt secrete move to change names of 89 Tamil villages in to Sinhala language.

Large amount of military personals were deployed in these lands. Tamil people face various difficulties to lead their day today life. According to the sources historical sites such as  Vattukottai would be named as Pattakotta, Point Pedro – Pedurutotuwa, Nayinatheevu- Nagatheeba, Killinochchie- Karanika and Mullitivu would be name as Moladowa.

Int’l community must exert real pressure on SL

By Sulochana Ramiah Mohan-2013-01-21

The outcome of the Lessons Learnt and Reconciliation Commission (LLRC) fell short of addressing the main issues, particularly the alleged war crimes and crimes against humanity, the Global Tamil Forum (GTF) said yesterday, but admitted that the Commission report made a good number of practical recommendations. This, it said, had also been highlighted by many internal and international human rights and humanitarian organizations and international organizations such as the UN and EU.  Speaking to Ceylon Today, GTF spokesperson, Suren Surendiran said, “The LLRC did not have the right mandate to investigate such alleged crimes and breaches of international law. The LLRC did not have sufficient mandate to protect witnesses, which discouraged many war victims from coming forward. The involvement of certain individuals in the committee, their credibility and objectiveness was questioned from the very beginning by many, internally and externally. Finally, the LLRC also vindicated and excused the Sri Lankan Military without a proper investigation beyond their mandate and even when many types of evidence, including video evidence, were presented to them.”

Surendiran said it was such a discredited report’s recommendations that the international community wanted implemented as part of the UN resolution that was passed in Geneva last March at the UNHRC. “Part two of the resolution called for Sri Lanka to address the accountability issue in a credible, transparent and independent manner. The third part called on the Government of Sri Lanka to address the political grievances of the Tamils in a responsible and acceptable way to arrive at a political solution,” he said, pointing out that only a fraction of the first part has been considered in the action plan presented by the Government of Sri Lanka, and that there is almost zero progress on part two and three. “None have been effectively implemented. This demonstrates serious contempt and disregard for international norms and resolutions by the government,” he said, urging the international community to stop the soft diplomacy tactics and start acting effectively by putting real pressure on the regime, by introducing various measures available to the international community such as implementing a travel ban on the leaders, economic pressure by delaying IMF loans and calling for an international mechanism to investigate the alleged war crimes, and so forth.

TID squad searches Sritharan MPs office for second time

[TamilNet, Tuesday, 22 January 2013, 15:31 GMT]
A 6-member team of Sri Lankan ‘Terrorist’ Investigation Department on Tuesday searched the Ki'linochchi office of Tamil National Alliance (TNA) parliamentarian Sivagnanam Sritharan for three hours. The TID squad, led by a Inspector ranked officer, Sarach Chandra, was searching the office inch-by-inch and were looking for computers that belonged to the parliamentarian, news sources in Ki'linochchi told TamilNet. When Mr Jeevanayagam Singarasa, who was in charge of the office on Tuesday, questioned the procedure of the TID, he was subjected to ‘interrogation’ for two hours inside the office. The TID inspector, when contacted by Mr Sritharan over telephone told the MP that the search operation was being conducted under the Sri Lankan Prevention of Terrorism Act. 

The TID squad wanted to check the laptop computer of the parliamentarian and was told that the laptop was with the MP in Colombo. 

The TID inspector was insistent on logging on to the computer at the office and took it away amid protests by Mr Singarasa. 

When the MP demanded clarification from the TID officer that any such investigation or search on the office of a parliamentarian should be informed in advance, the TID inspector told him to apporach the headquarters of the TID in Colombo for such clarifications. 

The MP was also told that his personal secretary, Pon Kanthan, was in the custody of the TID. 

The search operation began at 9:45 am went on till 12:50 p.m.

UK deeply concerned by move to impeach Sri Lankan Chief Justice - FCO

Tuesday, 22 January 2013

United Kingdom calls on Sri Lankan government to respect democratic principles and safeguard Chief Justice and legal profession.

Commenting on the Sri Lankan Parliament’s vote today to impeach the Chief Justice, a Foreign Office spokesperson said:

“The British Government is deeply concerned by the impeachment proceedings against Sri Lanka’s Chief Justice Shirani Bandaranayake. We share the concerns already expressed by many people in Sri Lanka over both the process and related reports of the intimidation of members of the Sri Lankan Bar Association. The motion to impeach the Chief Justice runs contrary to the clear rulings of Sri Lanka’s highest courts and the proceedings appear to contravene basic principles of fairness, due process and respect for the independence of the judiciaryand the Commonwealth Latimer House Principles.

“Together with our international partners, we call on the Sri Lankan Government to respect democratic principles and the right to peaceful protest and to ensure the continued safety of Chief Justice Shirani Bandaranayake”

The Country Has Two Chief Justices, I Don’t Accept Either – Sarath Silva

By Colombo Telegraph -January 18, 2013 

For the first time in its history, the country has two Chief Justices, which further damages the Judiciary, says former Chief Justice Sarath N. Silva. “I don’t accept either” said Sarath N. Silva when asked whether he thinks there are two Chief Justices at the moment and who is he willing to accept as Head of the Judiciary? “I believe there should be an entirely new person. I supported the Government on the question that the Chief Justice should answer and the Courts proceedings were hasty. My perception is that in this situation the Government should have considered the most senior person in the Supreme Court. This is why I say I don’t recognise either. If the Government wants Mohan Pieris as the Chief Justice and if it is hell bent of getting him, let them get him. But at least give a breathing period till the judicial system can settle down.” he further said.

Sarath N. Silva

Sarath N. Silva made above remarks in an interview with Daily FT journalist Chamitha Kuruppu.

Sarath N. Silva said;”With due respect to him, more than anything else, Mohan Pieris was seen as a Government spokesperson, especially at international forums and especially in matters relating to the United Nations Human Rights Council. This is a very serious situation. A Government spokesman will naturally have to oppose any allegations of human rights violations. There is nothing wrong in getting former Attorney General Mohan Pieris to defend the Government’s stand. He has been doing this since he was the Attorney General, which I believe is not correct. That should have been a diplomatic exercise, not an Attorney General’s exercise.”

We reproduce below the interview in full;                 

President visits Sarath Silva to thank for support during impeachment

Tuesday, 22 January 2013 

The President had visited former Chief Justice Sarath N. Silva on the night the impeachment against the Chief Justice was passed in parliament to show his gratitude for Silva’s support for the impeachment from the day it was presented. The incident had taken place on the 11th night.

The President had made an unannounced visit to Silva’s residence on Dabare Mawatha in Narahenpita, Colombo 5. Silva had warmly welcomed the President to his house. During the discussion, the President had continuously asked how he could re-pay Silva for his help.

Without giving a clear response, Silva had continued with the friendly chatter and before the President had left his house, he had hugged him and said that he did not want anything return for his help. However, he has added that the best way to repay him would be for the President to appoint a senior judge from the Supreme Court as the next Chief Justice instead of bringing someone from out.

The President had agreed and asked whom Silva would propose for the post. The former Chief Justice had immediately said that the most suitable for the post was Supreme Court judge Shirnaee Tilakawardane. The President’s faced had changed upon hearing the name, but had said, “We’ll see.” The President had quickly left Silva’s house and had been scolding Silva on his way back to Temple Trees. The President had believed that it was a conspiracy by the former Chief Justice and Tilakawardane.