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, March 5, 2013

Duminda returns to Sri Lanka


( March 5, 2013, Colombo, Sri Lanka Guardian)Colombo District MP Duminda Silva has returned to Sri Lanka this morning (05), reports say.

He has reportedly arrived to the country on the Emirates flight AK349 at 1.29 am today.

Duminda Silva was receiving medical treatment at the Mount Elizabeth Hospital in Singapore for over a year after being critically injured in an shooting incident in Angoda on Oct. 08, 2011.

Former Parliamentarian and Presidential Adviser Bharatha Lakshman Premachandra was killed in the incident.

Appearing for MP Duminda Silva at the trial pertaining to the incident, President's Counsel Hemantha Warnakulasuriya informed the court that his client would appear before court on March 14.


Duminda arrested

TUESDAY, 05 MARCH 2013 
The Criminal Investigations Department informed the Colombo Magistrate court that MP Duminda Silva was arrested at 10.00 am today and is receiving treatment at a leading private hospital in Colombo under Police custody.

The Magistrate is to visit the hospital where Mr. Silva is receiving treatment within the course of the day.

He has been remanded untill  March 14 by the Colombo Magistrate court today.
TUESDAY, 05 MARCH 2013 
Baratha Lakshman Premchandra’s daughter Hirunika called for the immediate arrest of MP Duminda Silva who returned to the island.

“I’m not saying that he should be arrested and thrown in jail if he is actually suffering from some kind of ailment, but he should be at least kept under Police custody wherever he is. That is the law of this country and I have faith in the law,” she said.

The outspoken Hirunika said according to the law of this land an accused should be arrested as soon as he arrives in the country.

“He should have been arrested at the airport after he was named as an accused by the Attorney General. We have learnt that he is currently at a private hospital he should either be arrested or he should surrender to the courts,” she said.


WATCH

Monday, March 4, 2013


Monday , 04 March 2013
The newly originated "Welioya" Sinhala Divisional Secretariat unit at Mullaitheevu district introduced by the Sri lanka government, efforts are now taken to merge some of the Tamil villages, hence the Tamil National Alliance have shown their strong oppose.
By combining the nine Sinhala villages situated in Anuradhapura district, Welioya, the new Divisional Secretariat division was originated in the year 2011 is merged with Mullaitheevu district.
Two thousand and 125 voters are registered in this divisional secretariat unit. Currently action is being taken to merge five Tamil villages with this divisional secretariat unit.
Divisional Secretary is intensely working to merge the villages consist in Karaithuraipattu divisional secretariat with Welioya.
This effort by the government is done in the objective of racism was the allegation made by Tamil National Alliance parliament member E.Saravanabawan.
Mullaitheevu district should not operate as a unique Tamil district hence government has originated Welioya divisional secretariat in a systemized act was said by Saravanabawan.
Currently Sinhala community in small numbers has got settled in six grama sevaka divisions in Mullaitheevu district, the Karaithuraipattru divisional secretariat unit.
Sinhala people have temporarily colonized in the Kokkuthoduvai north, Kokkuthoduvai central, Kokkuthoduvai east, Kokilaai east, Kokilaai west, Karunaatenkerni grama sevaka units.
To execute their fishing trade, they are living here. Activities are processed to connect these villages with Welioya divisional secretariat was said by reliable circles to "Udayan" press.
Sri Lanka government which formed Sinhala settlements in the periphery of Mullaitheevu district, and now moved towards Mullaitheevu town and is attempting to make alterations in the ethnic dissemination ratio was the allegation made by parliament member E.Saravanabawan
Monday , 04 March 2013
UN including international society should not hesitate to obtain justice to the Tamils. World Tamils depend on UN and the international society.
Tamil National Alliance Secretary General and Jaffna district parliament member Mawai Senathiraja made this statement at the World Tamils Rights Conference held in Geneva.
The war held in year 2009 in Sri lanka is not the final war. It is the Tamils genocide war. Mullivaikkal obliteration is evidence to this. Sri Lanka military showered cluster bombs towards innocent people in Vanni and brutally killed and annihilated.
Military gunned down those came to surrender. The video footages published by international Medias are evidence to this.
The final video released by Channel 4 TV not only the Tamils worldwide, but also traumatized the international society.
The agony faced by the innocent boy Balachandran after getting surrendered to the forces, is much difficult to relate in words. This is what called Sri lanka government's humanitarian activity? Hence without deferral the international society should process war crime investigation against Sri lanka government. UN should come forward towards this.
The attacks against the Tamils at the Vanni final war has not still ended. Still military unscrupulous activities’ are continuing in the north and east. Public, university students, and journalists are attacked and arrested.
Meanwhile Tamils ancient lands are daily getting confiscated by the military in a systemized manner. Buddha's statutes are erected at every nook and corner in the north and east of Sri Lanka.
Many Tamil people are still leading refugee lives unable to get resettled. On the other hand, their lands are under the clutches of military and are getting ruined
Opposing to this, protest are carried out by Tamil people in a peaceful manner but they are attacked by military intelligence personnel. Hence Tamil people are living in amidst of fear. Therefore a settlement should be met for the Tamil people. Justice should be given. UN and international society should make arrangements towards this was said by Mawai Senathiraja.

By Matthew Russell Lee, Exclusive
UNITED NATIONS, March 3 – A week after UN Secretary General Ban Ki-moon accepted a Sri Lanka whitewash report from five Ambassadors following a photo op covered by Inner City Press, the first media question to Ban in Geneva was about Sri Lanka.
   Ban answered by prasing the report, which despite requests from Inner City Press neither he nor the whitewashing Ambassadors have released to the public. 
 Ban said of the hand-over, " I recognized through our meeting with them the important steps taken by the Government of Sri Lanka since the end of the conflict." What steps?
   While the UN says that after its inaction in Sri Lanka while 40,000 were killed in 2009 it is now studying the “lessons learned,” Secretary General Ban Ki-moon on February 22 met with Sri Lankan Ambassador Palitha Kohona and four other Permanent Representatives to accept a quite contrary report.

   Before Inner City Press was asked to leave the conference room, Japan's Permanent Representative Tsuneo Nishida told Ban that “Sri Lanka is an important country” and “this morning we would like to present our report.” Then the meeting was closed; in fact, no topic was ever listed for the meeting. Inner City Press was the only media there.
  Click here to view short YouTube video here, on channel of Inner City Press, and embedded below. See tweeted photo of Ban & Kohona, here.

   Some wondered if Ban would hold such a meeting, for example, with Syria's Permanent Representative Bashar Ja'afari and four other supportive Permanent Representatives, who could certainly be found. The answer would appear to be “no.” So why on Sri Lanka?
  Now it's worse: Ban not only formally accepted the whitewash report while not making public - he now cites the withheld report as showing accountability in Sri Lanka when asked about a "strong statement demanding the Human Rights Council to ask for an international and independent investigation. Do you support this request?"
 From the UN's March 1 transcript:
SG Ban Ki-moon: I have consistently underlined the critical importance of addressing accountability in Sri Lanka through a genuine and comprehensive national process achieving national reconciliation. Last week in New York I have received the Japanese ambassador who led the accountability assessment mission to Sri Lanka where representatives of Bangladesh, Nigeria, Rumania [sic], Sri Lanka and a Colombia University professor participated in an observation project to Sri Lanka last December. I recognized through our meeting with them the important steps taken by the Government of Sri Lanka since the end of the conflict and strongly underlined the need to address the remaining challenges particularly on issues relating to reconciliation and accountability. I highlighted the importance for the Government of Sri Lanka to work constructively with the international community towards that end. Thank you.

  Rebuffed in getting a copy of the report Ban now replies on from the UN itself, Inner City Press asked one of the hand-over Permanent Representatives, who passed the buck to another of the Perm Reps. This PR, when Inner City Press asked on February 28, declined saying Inner City Press' February 22 story had not been "friendly."
   Now as separately reported today the UN is telling Inner City Press it is deeply disappointed with its reporting, particularly its use of quotes even though on the record, and naming of names. Click here for that.  

   Inner City Press asked the UN about Sri Lanka on February 20. As news of the summary execution of a 12 year old boy by the Sri Lankan Army in May 2009 spreads worldwide, Inner City Press asked Ban Ki-moon's spokesman about it, citing Ban's “two reports and a third one still ongoing.
  Ban's spokesman Martin Nesirky began with a correction, saying that this third report “is an internal task force looking at how recommendations will be carried out in the UN... it's not to do with looking into the actual events in Sri Lanka.”

  But Ban was willing to accept a counter report on Sri Lanka two days later, with former UN official Palitha Kohona grinningly present.

  Some wonder how the UN can fully assess its inaction in Sri Lanka without taking into account new evidence of war crimes, including the murder of children in the days the UN was playing middleman for surrenders which ended in summary executions.

  Nesirky went on to say “we are aware of the video footage and reports about it,” but he had “no specific comment” beyond Ban's general statement on the “importance of accountability.” 

   He again referred to a “national process,” when it is clear to many that has not and will not happen in the run-up to the UN Human Rights Council session in March. 

   In Sri Lanka, the release of e-mails from Stratfor, the privately owned intelligence company, has sparked a controversy regarding  Reuters' bureau chief there, Bryson Hull.

   One 2010 e-mail depicts Hull promoting his “ace-in-the-hole analyst, Reva Bhalla of Stratfor... a consummate information dealer... we had a very successful relationship during the end of the war in Sri Lanka.”

   Groundviews has been asking Hull to explain the e-mail. (Inner City Press has learned from some Hull reports in the past, for example in 2012 on the Maldives.) Hull has replied, among other things, that Reva Bhalla "was quoted by name in a Reuters story.”

   That would be far better than Reuters' UN bureau, whose chief Louis Charbonneau in 2012 played a leading role in a campaign to try to oust Inner City Press first from the UN Correspondents Association then from the UN as a whole.

   Triggering the campaign was a story Inner City Press wrote about Sri Lanka, war crimes and conflicts of interest - click here for the account of the UK-based Sri Lanka campaign, chaired by Kofi Annan's former communications chief Edward Mortimer.

   Most troubling, when the UNCA proceeding Reuters' Charbonneau was pushing led to Inner City Press receiving death threats from extremist supporters of Sri Lanka's Rajapaksa government, Charbonneau refused to stop or even suspend the proceedings. “Go to the New York Police Department,” he said dismissively.

  The campaign only stopped when Inner City Press requested then obtained documents from Voice of America, which reflected among other things Reuters support forVOA's June 20 request to the UN to “review” Inner City Press' accreditation, and Reuters contemplating a (SLAPP) lawsuit against Inner City Press.

Inner City Press wrote several times to the top editors at Reuters, Stephen J. AdlerWalden Siew, and Paul Ingrassia,trying to make them aware of the death threats that were triggered by the actions of their UN bureau chief. 

   But as reflected in the documents obtained from VOA under FOIA, Reuters had adopted and apparently continues a policy of not responding to any issue raised by Inner City Press -- including the receipt of death threats.

   On October 2012, Charbonneau was asked in writing to explain some of the documents obtained under FOIA; he made no response.

   Charbonneau remains in 2013 the first vice president of UNCA, which in connected to several anonymous social media accounts which have said without any basis that Inner City Press is funded by Sri Lanka's Tamil Tigers. 

  Reuters' record of using, even stoking, extremism in Sri Lanka goes well beyond the Wikileaked email of Bryson Hull about Stratfor. But who will answer for it? Watch this site.
Footnote: Ban has a meeting on March 4 at which one would expect his troubling response in Geneva to be raised. (Despite HRW's blind spots on UN drones and Ban's Haiti cholera dismissal, we like to give credit where it's due.) But will that Ban-HRW meeting, too, be kept secret, in the name of (non) access?

The final atrocity: Uncovering Sri Lanka’s ‘white flag incident’

By  Mar 04, 2013 
In May 2009, as the civil war was drawing to a close, the Sri Lankan army executed influential Tamil leaders even though they had already surrendered. Frances Harrison spoke to two Tamil fighters who witnessed the incident and revealed the atrocity to the world-
The stocky Tamil man twisted himself nervously inside his thin black anorak, ill suited to one of the iciest days of winter, as he explained how he turned informer, betraying the very man he was supposed to protect, in order to save his own life. We endured the bone-chilling cold sitting outdoors on a deserted verandah sipping coffee in a café in Victoria Station, interrupted occasionally by the peremptory platform announcements. Indoors it was warm but there were too many people who might be listening; after all, we were talking about summary execution.
Kumaran, who doesn’t want to give his real name out of fear, had once been a Tamil Tiger rebel fighting for a separate homeland in north-eastern Sri Lanka. Now a refugee in a land where he doesn’t speak the language, he still exudes the confidence that might come from having once carried a gun. This was a man trusted enough to be the bodyguard of the political leaders of the Tamil Tigers.
In the chaos of the last weeks of the civil war in 2009, Kumaran was badly injured when a cluster bomb landed close to him. Medicine and even bandages were running out and the handful of doctors left were amputating limbs with butcher’s knives and no anesthetic. Without medical treatment Kumaran had no chance of recovery. He decided to make a run for it across the frontline – first throwing away the cyanide capsule that’s standard issue for Tamil Tigers rebels to swallow in case of capture.
Surrender
Telling the story of his escape, Kumaran is tellingly short on details.  Tamil Tiger rebels were supposed to fight to the death – surrender was considered a cowardly act of self-preservation.
As soon as he crossed the frontline, two former rebels turned traitor immediately spotted Kumaran and pointed him out to the army.
“They had no choice if they wanted to live,” Kumaran said with sympathy. “They only informed on people who were very obviously fighters and would be noticed anyway,” he said, explaining why he too turned informer once in the hands of the enemy. The screams of his comrades being tortured in the detention centre were enough to turn him.
I was sitting in a deserted portion of Victoria Station across a table from Kumaran and a second Tamil man who used to teach maths in another life. They are the first eyewitnesses to come forward to speak about what’s known as “the white flag incident”. This euphemistically refers to the murder of a group of Tamil Tiger political wing leaders after they had negotiated a surrender on the last day of the war.
Frantic
Even the Sri Lankan President knew that the group planned to surrender  – they’d sent frantic messages through everyone they could think of – the UN, the Red Cross, Norwegian diplomats, Sunday Times journalist Marie Colvin, intermediaries in Europe and a Tamil member of parliament. All the indications from top officials in the Sri Lankan government were reassuring – that the surrender would indeed be accepted in accordance with the Geneva Convention.
One of those surrendering was Pulidevan, whom I’d known more than a decade ago when he was a peace negotiator for the Tamil Tigers and I was the BBC correspondent based in Sri Lanka. Puli – as his friends called him – loped about in that slightly ungainly apologetic way tall men sometimes do in places where being short is the norm. He loved nothing more than to sit down on his office sofa and chew over the current political situation at rapid speed like a man starved of discussion. When I left Sri Lanka for another posting he resolutely stayed in touch.
Pulidevan
Pulidevan was ready for the Tamil surrender.
By the final months of the Sri Lankan civil war in 2009 Puli started coming online almost daily to chat. It was a desperate cry for help. Sometimes we discussed politics, battlefield strategy and the uncertain future, but mostly he wanted to escape the daily reality of severed body parts and screaming mothers. It’s a strange thing but if you talk to someone continuously through months of war you start rooting for their survival even though rationally the chances are slim. We even discussed the fact that if he was caught trying to escape or surrender he’d likely be killed.
For the last four years I’ve been trying to piece together what really happened to Puli and the others. This meeting in Victoria Station was a huge breakthrough. It was surreal to be discussing layer upon layer of treachery on the battlefields of northern Sri Lanka amid the mundane hustle and bustle of commuters in the middle of London.
Soon we’re drawing an untidy map on my notebook to mark the frontline and the bridge across the lagoon over which tens of thousands of emaciated civilians escaped at the end  - leaving behind them billowing black smoke and pounding shells. Kumaran shows me where he was positioned by the Sri Lankan military – behind an earthen embankment near a tree. The army wanted him to confirm the identity of the Tiger political leaders crossing over. Who better than their former bodyguard? It never crossed Kumaran’s mind that he was endangering them because this was clearly a well-planned and organised surrender. Senior Sri Lankan military officials were everywhere with bodyguards and walkie-talkies.
White flag
The first batch to cross the frontline carrying a white flag included the wife of the Tiger political leader. She was not a Tamil but Sinhalese – the same ethnic group as the soldiers. As they approached she was urgently screaming something in their language that Kumaran couldn’t understand – probably urging the soldiers to hold their fire. He watched the Tiger leaders cross over. They were received by the soldiers who escorted them across the bridge, moving towards a cluster of vehicles in the distance. More groups of Tigers walked past him at intervals and surrendered.
Once it was over Kumaran waited around for an hour or so before being driven away by the military. After a while Kumaran, sitting in the back of a pick-up truck, noticed a crowd of soldiers gathered alongside some open ground next to the road. They were taking pictures on their mobile phones of corpses laid out there. As they drove past Kumaran was horrified to see Puli and his boss, Nadesan, the political leader, lying there dead, their shirts stripped off their torsos.
Kumaran quickly understood that as a witness to this crime he was even more in danger than before. “I thought if they can do this to them, what can they do to me,” he recalled, his eyes filling with tears, “one of the hardest things in the hours and days ahead was to keep this knowledge inside me and not speak of it to anyone”.

The last known photo of Puli before his death.
Kumaran had no idea that there were other Tamil witnesses to the surrender who might also make it abroad one day. Sitting next to him is Sharmilan, who once taught maths to rows of neatly dressed school children in blue and white uniforms in the area of northern Sri Lanka under the control of the Tigers. He won’t tell me his real name or which school he worked in lest it identify him and endanger his relatives in Sri Lanka.
Sipping coffees to keep warm and keeping a careful eye on who was coming and going in the cafe, the two men are cordial but not especially chummy with each other. There’s awkward laughter all round when I ask Sharmilan if he was forcibly recruited by the Tigers. He cited the rule that every family had to give one fighter to the rebels – and goes on to explain how after only a month’s training he was press ganged into digging bunkers and disposing of dead bodies in the last year of the war.
The night before the top political leaders of the Tamil Tiger surrendered, Sharmilan had decided to make a run for it with a large group of civilians. It was still dark so the army held them in a destroyed building on the frontline waiting for dawn.
Escort
Sharmilan was surprised when he looked through the window and saw the Tiger political leaders walk by with white flags; he knew surrender was a taboo for an organization that glorified martyrdom. Sharmilan observed the soldiers receive the first group of about 15 people and frisk them for weapons before escorting them over a bridge until they disappeared from sight. In the distance he spotted not just military vehicles but also big white jeeps of the kind used by international aid organisations. Sharmilan estimates there were about five hundred soldiers in the area. He’s adamant all the Tiger political leaders surrendered successfully.
This is of course not what the Sri Lankan military says. It claimed that the Tigers were shot in the back by their own people. If this were the case it’s surprising the military never produced the bodies as evidence of the rebels’ perfidy. Instead they quickly disposed of all the evidence.
After a while a photograph appeared on the Internet – probably shot by one of the soldiers Kumaran saw. It showed the half naked corpses of  Puli and his boss, Nadesan, with burn marks and lacerations on the front belly. Puli’s chest had what appeared to be a bullet entry wound while Nadesan looked as if it had been shot in the side of the face.

The bodies of Puli, left, and Tamil political leader Nadesan. Pic: www.ilamayil.com.
It appears the Sri Lankan government did not want to take senior leaders of the Tamil Tigers prisoner, especially those who were well connected and spoke English.  Their detention and any legal proceedings would be subject to international scrutiny for a long time to come. This was a risk as they were witness to multiple war crimes – the deliberate bombing of hospitals, food queues and civilian safe zones by government forces. And there was the chance that alive these men could lead Sri Lankan Tamils in another chapter of their struggle. The victors wanted a definitive end to the conflict. But in their haste they violated one of the most basic norms of war. Without respect for the white flag there’s no way to protect civilians and those who decide to stop fighting.
Even with a group as disciplined and inured to casualties as the Tamil Tigers there came a point when many of its members could see no use in fighting on. The two men shivering opposite me in Victoria Station ignored the organisation’s mantra of martyrdom and chose instead to save themselves. Now by coming forward to tell their stories they’ve put themselves at risk once again.
.....................................
Frances Harrison is a former BBC foreign correspondent based in Sri Lanka. Her book of accounts of survivors from Sri Lanka’s civil war “Still Counting the Dead” is available in good bookshops and online in ebook form by Portobello Books . 

Film accuses Sri Lanka of war crimes

The Japan TimesFilm accuses Sri Lanka of war crimes

President rejects alleged actions by military forces

AFP-JIJI
New occupiers: Sri Lankan soldiers take cover under umbrellas as heavy rain falls in Mullaitivu, the former military headquarters of the Tamil Tiger rebels, in January 2009.
New occupiers: Sri Lankan soldiers take cover under umbrellas as heavy rain falls in Mullaitivu, the former military headquarters of the Tamil Tiger rebels, in January 2009. | AFP-JIJI
Balachandran Prabhakaran | AFP-JIJI
The Sri Lankan military committed numerous war crimes during the final months of the country’s 26-year-long civil war, according to a documentary aired for the first time Friday, amid vigorous protests from Colombo.
However, in an interview published Saturday, President Mahinda Rajapaksa firmly denied the allegations made in the documentary and also denied that government troops executed the 12-year-old son of separatist chief Velupillai Prabhakaran in 2009.
Rajapaksa told India’s Hindu newspaper in the interview: “Had it happened, I would have known (it). It is obvious that if somebody (from the armed forces) had done that, I must take responsibility. We completely deny it. It can’t be.”
Using graphic video and pictures taken both by retreating Tamil Tiger rebels, civilians and victorious Sri Lankan troops, “No Fire Zone — The Killing Fields of Sri Lanka” presents a chilling picture of the final 138 days of the conflict that ended in May 2009.
Filmmaker Callum Macrae insisted before the screening that the film at U.N. headquarters in Geneva that it should be seen as “evidence” of the “war crimes and crimes against humanity” committed by Sri Lankan government troops.
“The real truth is coming out,” he said.
Sri Lanka’s ambassador in Geneva, Ravinatha Aryasinha, strongly protested the screening of the film on the sidelines of the ongoing U.N. Human Rights Council meeting.
He described it as “part of a cynical, concerted and orchestrated campaign” to influence the debate in the council about his country.
Human Rights Watch and Amnesty International, which hosted the screening, are calling for the council to order an international probe.
They charge that Sri Lanka’s domestic Lessons Learnt and Reconciliation Commission has glossed over the military’s role.
The film, for instance, alleges that a “no-fire zone” set up by the government in January 2009 basically functioned as a trap for the hundreds of thousands of civilians who flooded into it in hopes of finding safety.
The area was heavily shelled, and in the film maimed and bloodied bodies, of men, women and children could be seen strewn around.
Peter MacKay, a U.N. worker who was trapped inside the zone for two weeks, questioned in the film why the government would set up the “no-fire zone” within range of all of their artillery.
“Either you don’t care if you kill the people in that safe zone or you are actively targeting them,” he said, adding that he believed the latter was true.
He and others describe how aid centers and makeshift hospitals were shelled soon after U.N. or Red Cross workers informed the government of their coordinates, which is ironically standard practice to ensure that such places are spared in bombing campaigns.
The footage provided by the retreating Tamil Tigers and civilians is devastating, showing parents wailing over their dying and dead children, but the images provided by the government forces are perhaps even more shocking.
Video of a Tamil commander first being interrogated, and then a picture of his mutilated body in the dirt; naked and bound prisoners coldly executed; dead, naked women, who have clearly been sexually abused filmed amid degrading comments by onlooking soldiers.
And then there is footage of Tamil Tiger leader Prabhakaran’s son, Balachandran, whose body is seen with five bullet holes in his chest.
He was not caught in cross-fire: a separate video shot two hours earlier shows him in military custody eating a cookie.
The Sri Lankan government has cast doubt on the authenticity of the footage, with Aryasinha insisting Friday it was of “dubious origin.”
Macrae, however, insisted that all the footage had been carefully checked and analyzed to ensure none of it had been tampered with.
“All of it is, I’m afraid, genuine,” he said.
Rights groups say up to 40,000 civilians were killed by security forces in the final months of the no-holds-barred offensive in 2009 that ended Colombo’s years-long war with Tamil separatists.

9 SC Judges Headed By Shiranee T To Sit Tomorrow For Impeachment Related Cases



By Colombo Telegraph -March 4, 2013 
Colombo TelegraphThe cases relating to the impeachment process against Chief Justice Dr. Shirani Bandaranayake carried out by the Rajapaksa regime controlled Parliament are due to be taken up at 9:30am in the Supreme Court (Court Room No. 502), tomorrow, 05.03.2013.
CJ Shirani
The case numbers are:- Fundamental Rights cases SC(FR) 665/2012, 666/2012, 667/2012, 672/2012 & 23/2013 and Appeal case No. SC (Special) LA 23/2013.
SC (Special) LA 23/2013 is an appeal from CA (Writ) 411/2012 that was filed by Bandaranayake in which the Appeal Court quashed the purported findings of the Parliamentary Select Committee which had been arrived at without passing laws to ensure an honest, fair inquiry for a valid finding to be arrived at which alone could be the basis for a valid impeachment. This was in line with the Supreme Court interpreting the Constitution to require such laws as a prerequisite for impeachment of any judge of the Supreme Court or Appeal Court due to the need to preserve judicial independence.
Several fundamental rights cases ask the court to quash Standing Order 78A, which after those cases were filed have been declared  to be invalid in terms of the Constitution, while one case – SC (FR) 23/2013 seeks to prevent Mohan Pieris (PC) from exercising the powers and functions of the office of the Chief Justice, given that Dr. Shirani Bandaranayake has not been validly removed from office, though she has been forcibly excluded from attending work and functioning as Chief Justice.
According to the Supreme Court List of Cases issued to lawyers, the Bench is to consist of the following judges of the Supreme Court:
Justice Shiranee Tilakawardane
Justice N. G. Amaratunga
Justice Saleem Marsoof (PC)
Justice K. Sripavan
Justice P. A. Ratnayake
Justice Chandra Ekanayake
Justice Sathya Hettige
Justice Priyasath Dep (PC)
Justice S. Eva Wanasundera (PC)
The above judges are all those presently functioning as judges of the Supreme Court, except for de facto Chief Justice Mohan Pieris (PC). Dr. Shirani Bandaranayake remains ousted from her official Chief Justice’s Chambers, from which Pieris now functions.
Justice Shiranee Tilakawardane who is scheduled to head the bench is the only witness to have given evidence before the controversial Parliamentary Select Committee against Dr. Bandaranayake without the knowledge or participation of Bandaranayake or her lawyers. They complained of this fact publicly and in court proceedings. Therefore, according to legal experts contacted by The Colombo Telegraph, it would not be proper for Justice Tilakawardane to sit on the bench for these cases, in keeping with the Rules of Natural Justice.
The Colombo Telegraph in an earlier report, disclosed that various Supreme Court judges were being approached to either overrule the earlier Supreme Court ruling or at least excuse themselves from hearing the case citing ‘personal reasons’. Sources now confirm that judges who held the impeachment process unconstitutional have been told in various ways that this is their chance to avoid ‘consequences’ of past independence.
Grave concern at the removal of judicial independence in Sri Lanka has been expressed by the Bar Association of Sri Lanka, the Opposition, civil society groups and the international community including the United Nations, Commonwealth, International Commission of Jurists, United States, Canada and the United Kingdom.

Update On Violence Against Women In Sri Lanka

Colombo TelegraphMarch 4, 2013
A recently released report by the International Crisis Group, flagged the issue of violence and safety
of women in the north. The Government however has not accepted the contents of the report which
highlights the link between militarization and the security of women. We find out more on about these
aspects, beginning with the general situation of violence against women — from Women in Need, an
organization that has long been working o n the issue of Violence Against Women in Sri Lanka.
By Young Asia Televsion

INDEX FOR TODAY'S BRIEFING-Sri Lanka


QUESTION: All right. There’s one more on Sri Lanka I have.
U.S. Department of State - Great SealMR. VENTRELL: Sure.
QUESTION: On the resolution that you are putting up at the UN, is it different than the last? How different is it from the last year’s resolution that the U.S. has put in?
MR. VENTRELL: Well, we do intend to, as I mentioned yesterday, sponsor resolution at the UN Human Rights Council current session. It will build on the 2012 resolution, which called on Sri Lanka to do more to promote reconciliation and accountability. The resolution will ask the Government of Sri Lanka to follow through on its own commitments to its people, including implementing the constructive recommendations from the report by Sri Lanka’s Lessons Learnt and Reconciliation Commission. So that’s really the content of the resolution and we’re cosponsoring – we’re sponsoring it and support it.

AUDIO: LLRC RECOMMENDATIONS BEING IMPLEMENTED ‘SELECTIVELY’ – NAVI PILLAI While commending the Sri Lankan Government for the ‘physical’ reconciliation work in the North and resettlement of IDPs, UN High Commissioner for Human Rights Navi Pillai said today that she remained concerned about the lack of ‘meaningful progress on accountability and reconciliation.’

AUDIO: LLRC recommendations being implemented ‘selectively’ – Navi PillaiPillai added that, ‘although I support the National Plan of Action for the implementation of the LLRC recommendations I do this that this is being done selectively.’ She welcomed the engagement by the Human Rights Council to monitor domestic processes especially regarding accountability.

Excerpt of statement by Navi Pillai;

While clearly the Sri Lankan Government has invested in the physical aspects of reconciliation and development in the North of the Island including the resettlement of IDPs, all of which I welcome. I remain concerned about the lack of meaningful progress on accountability and reconciliation. Although I support the National Plan of Action for the implementation of the LLRC recommendations I do this that this is being done selectively. So I welcome the engagement by the Human Rights Council to monitor domestic processes expecially regarding accountability. For some time the Sri Lankan Government has been engaging with me and it is true that I have an invitation from them extending for two years now. By mutual agreement we stayed the visit pending the release of the LLRC report and pending the report from my technical mission and I look forward to discussions with the Permanent (Sri Lankan) Mission here for my further visit and hopefully also the visits of eight special rapporteurs who have requested visits.


The Left As Political Actor – Part 2


Colombo Telegraph
By Dayan Jayatilleka -March 4, 2013
Dr Dayan Jayatilleka
In memory of Stephane Hessel (1917-2013), author of ‘Time for Outrage’
This year and month mark the 130th death anniversary of Karl Marx. 2013 also marks the 60th anniversary of the assault on Moncada led by Fidel Castro and of his address ‘History Will Absolve Me’. It is then an appropriate year for any Left party to take a long hard look at the road it has travelled and the path ahead.
The past returns to haunt political movements just as they do individuals. In this sense the past is part of the fabric of the present. This is why an accurate evaluation of one’s past is as important for a political movement as it is for a person. It seems that neither the JVP nor the breakaway FSP have an entirely accurate diagnosis of their collective past, without which their present and future standing is negatively affected.
Under pressure perhaps from the FSP breakaway, the JVP has concluded that its support for Gen Sarath Fonseka at the Presidential election was an error. Though it was arguably an error for Gen Fonseka to have contested the first post-war Presidential election against a popular incumbent President, instead of focusing on the correct target of entering parliament and making his presidential bid the next time around, it is less obvious that, given the choices available, the JVP erred in supporting him. The JVP’s error was perhaps in leaving the ranks of the ruling coalition before the war had been won. Karu Jayasuriya probably made the same mistake. This permitted the monopolisation of the legitimacy of the historic military victory.
The FSP’s stance appears to be that the JVP was in error to have entered coalitions with bourgeois parties. Not only does this indicate that they should re-read Lenin’s text ‘Two Tactics’, but that they have turned their back on the most successful political period and achievement of the JVP, namely the experiment of the Provisional Government with Chandrika Kumaratunga and the subsequent 39 seats they won at the parliamentary elections. Here again, the JVP’s error was a different and opposite one: to have quit that Provisional Government prematurely. If the JVP and /or FSP are to break out of a politico-ideological ghetto, they will have to retrace their path to those successful episodes of radical democratic politics.
They will also have to revisit their collective behaviour during the latter half of the 1980s which remains a social memory (not least among UNPers at the grassroots) and constitutes polemical ammunition for their political critics. Especially important is their lethal reaction to perceived competition: Vijaya Kumaratunga’s SLMP and the smaller far left groups. That sectarian reaction and the inevitable counter-reaction benefited the state and damaged all players on the Left, when the option of a united front (as in Central America) or at least a political ceasefire was always available. The sole, sadly ephemeral episode of a correct united front tactic by the JVP was the five-party Left Bloc of 1980, and is an experiment that should become a model.
Perhaps the JVP and FSP should learn from successful Left movements in Latin America which have not renounced in any way, but have gradually put to rest, the memories of their founder-leaders and the reputations of their violent pasts, which in most cases were far less blemished than that of the JVP. In short, they no longer evoke the ghosts and have learnt to let go and move forward, thereby presenting their enemies with a smaller, moving target. The JVP and FSP should perhaps also re-interrogate their past and rediscover other heroes and potential leaders less tarnished than Wijeweera (such as Sarath Wijesinha of Kegalle).
There is in Sri Lanka today a huge opportunity for the Left. The current UNP is unable to play its role as a dynamic opposition and alternative government, and its Reformist dissidents seem unwilling to do so, while the SLFP too has many disaffected members at all levels. This permits a smart, strong, ethical (i.e. Gramscian) Left to make deep inroads into the mass bases of mainly the UNP and secondarily the SLFP. Thus there is an open door (in the case of the UNP base) and a half open window (with respect to the SLFP) for the Left to walk or climb through. However, it will simply not do for the Left to expect the masses who vote for these mainstream parties to turn sharply leftwards and come through that opening towards it. It is the Left that will have to move through the portal, repositioning and partially reinventing itself as a radical democraticoption so as to win over these masses of citizens.
When the Russian Marxists grasped that the liberal bourgeoisie was unable to play the role of standing up to the hereditary family based autocracy as its French counterpart so famously had, they resolved that the working class and its parties had to do step in, giving leadership to the peasantry. Given the victories and dramatic advances in recent years of the Left in Latin America and in Greece, there is almost no limit to what the JVP and its dissident spin-off the FSP can achieve in democratic politics, if – and it is a very big IF indeed—they make the right moves, in a spirit that is recognised by the masses as being sincere, deep-going and irreversible.
To put it at its most starkly challenging, if the Left in any society is to achieve its fullest potential, it must fulfil at least two criteria: (a) it must represent something new, hopeful and credible and (b) be perceived by the people to be the best elements among the citizenry, and thus an authentic vanguard. This is how the Left can outweigh the enormous economic and material strengths of the Right. When the people look for hope, they will look to the Left only if that formation is more attractive and credible an alternative than the ultranationalist or conservative Right.
The Left must represent a new, fresh spirit; a spirit of hope and credible possibility. It must represent such a spirit in order to replicate and multiply that spirit among the citizenry. This must not be the spirit of fanaticism and conflict—of which the country has experienced plenty–though it must be a spirit of righteous ethical indignation against blatant injustice and lack of strategic foresight of the ruling elite.
While the Left must never reduce its appeal to issues of economics, economics must play a prominent part in its public pedagogy. The citizenry must be educated as to why things are as bad as they are, why they are suffering, why the suffering is not inevitable by any means and how things could be much better. The Left in Latin America and Greece surged to the forefront when the economic crisis hit. In Sri Lanka the socioeconomic crisis is surely coming and thus also the need for socioeconomic democracy.
The crisis is as much external and ethnic as it will be economic. The Left must inspire confidence that it can do what the post-independence and post-war ruling elites have been unable to, namely to build unity in diversity, construct a united democratic nation of our many communities. This is the only foundation of a strong state able to resist separatist impulses and encroachment on national sovereignty. However the JVP must not repeat its old mistake of confusing paranoia for anti-imperialism or adulterating the latter with the former. Not everything it rightly opposes (e.g. re-merger) needs to be an imperialist conspiracy and the fact that some action or phenomenon may result in benefitting external critics or foes does not mean that it has an external cause. For its part, the FSP must learn that ‘anti-capitalist’, ‘anti-neoliberal’, ‘anti-Empire’ and ‘anti-globalisation’ are far from identical, and that there are different models of capitalism and projects of globalization.
In the face of the crisis the Left must represent the talent of the educated and the energies of the youth. But the question is: what kind of youth? When the Left fails to give a self-critical accounting of its past and is also seen to defend those who engage in socially repugnant practices such as intra-campus violence and university ‘ragging’ (‘hazing’), it allows itself to be depicted as the Sinhalese were after July ’83, because the failure to differentiate oneself by standing up against something and standing in the forefront of opposition to it, makes it possible for powerful enemies to tar one with the brush of complicity.
Finally, if the Left is to project itself as the formation of the educated Lankan youth (in the island and the Diaspora); intelligent, honest, and dedicated, with hope in the future, credible answers for the crisis and an attractive vision for the country; it must ensure that their leaders who are the public face and ‘brand ambassadors’ of the Movement are the mirror or embodiment of that image. The Left must get not only the politics but also the optics right.
(Concluded)
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