The Gov’t of Sri Lanka Responds to my NYT Op-Ed on U.S. War Crimes Probe of ex-Defense Secretary

By Ryan Goodman-Friday, January 23, 2015 

Just Security

The government of Sri Lanka’s Justice Deputy Minister has responded to an Op-Ed that I published in the New York Times in which I described the reasons that the United States can and should pursue a criminal investigation of U.S. citizen and ex-Defense Secretary of Sri Lanka, Gotabaya Rajapaksa.

I have posted below the news story which includes the statements by the Justice Deputy Minister. I will soon post my reaction here on Just Security.

By way of background: My piece in the New York Times focused on the 1996 War Crimes Act, which applies to U.S. citizens who have committed offenses such as the murder of journalists and other civilians. Earlier posts at Just Security have analyzed the prospect of a war crimes prosecution of Mr. Rajapaksa (here and here) and his lack of immunity, which is even clearer now that he has left office. Importantly, Mr. Rajapaksa may also be liable under other federal laws if he committed tax evasion, obstruction of justice, or immigration fraud (see an earlier post for how each of those provisions might apply in his case).

The state-owned newspaper, Sri Lanka’s News Daily, provided the following statement by the Deputy Minister:

Justice Deputy Minister Sujeewa Senasinghe yesterday categorically stated that former Defence Secretary Gotabhaya Rajapaksa has full protection against being taken to a war crimes tribunal of another country as long as he is on Sri Lankan soil.

The Deputy Minister said this in response to an article posted on The New York Times by US lawyer Ryan Goodman titled “Helping Sri Lanka’s New Democracy” in which he had dwelt on what Washington can do to help Sri Lanka, claiming “As a citizen, Mr. Rajapaksa can be held liable under the War Crimes Act of 1996, which puts war crimes anywhere in the world under the jurisdiction of the United States courts if the perpetrator, or the victim, is a United States citizen.

“Put another way, the United States has a perfect justification to go after Mr. Rajapaksa individually,” Goodman had pointed out in his post.

Senasinghe said: “It is true according to the said U.S. war crimes statute enacted in 1996, that nationality requirement is easily satisfied in terms of Gotabhaya Rajapaksa’s U.S.citizenship for them to prosecute him.”

“But not within Sri Lanka’s jurisdiction,” he explained.

“No other country can do what it likes in our jurisdiction. Gotabhaya Rajapaksa is safe as long as he stays within the jurisdiction of Sri Lanka,” explained Deputy Minister Senasinghe Asked what the government’s position was in regard to probing allegations of war crimes in Sri Lanka in view of the UN inquiry which is already underway in this respect, Senasinghe said:” our position is very clear. We will conduct a domestic probe with the assistance of the UN. ”

“There is no need to get excited .Let the process takes place on the availability of evidence, if there are any such violations,” he added.

FILED UNDER: Executive & Military, International Justice

‘President raps Basnayake for endorsing Gotabhaya’s action’

* Over Rs.8 billion BoC Account , Galle Floating Armoury

by Zacki Jabbar-January 22, 2015, 10:08 pm 

President Maithripala Sirisena has asked new Defence Secretary B.M.U.D. Basnayake to explain why the latter endorsed predecessor Gotabhaya Rajapaksa’s actions pertaining to a bank account and a floating armoury.

Health Minister Senaratne, responding to questions by a group of journalists at his first Cabinet Press Briefing in Colombo, as Government Spokesman, said that the President had earlier this week questioned the Defence Secretary over his comments approving Gotabhaya’s conduct.

Basnayake had already submitted his explanation to the President and the matter sorted out in a manner that such blunders would not occur in the future, the minister added.

Senaratne emphasised that it was wrong for Gotabhaya to have maintained an account at Bank of Ceylon in the name of the Defence Secretary with a balance of around Rs. 8 billion meant for the ongoing construction of the new Defence complex at Palawatte, Battramulla.

The funds should have been deposited in the name of the Treasury and withdrawn according to accepted Financial Regulations as and when required for construction purposes, he noted.

Similarly, even the floating armoury detected at the Galle Harbour was illegal since it was manned by a private firm, the Minister said, adding that the business of selling fire arms and ammunition was the responsibility of the State and could not be handed over to private individuals just because they were friends of VVIPs.

Senaratne stressed that all illegal transactions and improper tender procedures adopted by the Rajapaksa regime were being investigated under the laws of the land and whoever was found guilty by a court of law would have to face the consequences.

Avant-Garde chairman’s passport impounded

January 23, 2015

The Colombo Chief Magistrate today ordered authorities to temporarily impound the passport of Avant Garde Security Services Chairman, Major Nissanka Senadhipathi, in connection with the controversial floating armoury found in the Galle Harbour.

The order was issued following a request made by the Criminal Investigations Department (CID), police spokesman SSP Ajith Rohana said.

Police on Monday (18) detained a ship carrying 12 container loads of weapons at the Galle Harbour.

The Sri Lankan-flagged vessel ‘MV Mahanuwara’ was later revealed to be floating armoury operated by Avant Garde Maritime Services (AGMS), a subsidiary of private security firm Avant Garde Security Services (Pvt) Ltd.

The CID had pointed out that further investigations regarding the floating armoury was necessary and that investigations would be hampered if the chairman of Avant Garde Security Services leaves the country.

Appoint A Competent Authority To Jaffna Uni: JUSTA

January 23, 2015

The Jaffna University Science Teachers Association (JUSTA) has called for the appointment of a competent authority in order to revive the university structures and rid the establishment of the malpractices that was steeped in for the past few years.

JUSTA while noting the abuses of power and malpractices that were committed by the university administration during the past few years, has noted that it is time to reintroduce the autonomous structures to the university as well as to ensure that accountability is promoted.

Rajiva Wijesinha – Minister Higher Education

“This the university cannot presently do by itself in the deteriorating state of the structure,” they have noted.
The organisation has highlighted several irregularities and malpractices that occurred during the Rajapaksa regime to which includes:

The Vice-Chancellor’s attempt to coerce the academics into signing a document pledging support to Mahinda Rajapaksa on December 23, 2014, claiming its a directive of the University Grants Commission (UGC) Chairman

The lackadaisical attitude towards the abuses of recruitment committed by the VC, by the admsinitration, the Council and the Deans

The irregular manner in which the External members of the Council were appointed and the manner in which the Council discussions were carried out, resulting in a majority of internal members falling in line with the former regime’s policies in expectation of certain perks

Recruitment of substandard academics due to abuses of power by the VC, which has been condoned by the UGC

In order to attempt to reverse the adverse impacts of these actions, the JUSTA has called for the following series of tasks to be taken by a Competent Authority who would be appointed:

Holding an inquiry into the cases of malpractice in academic appointments

Holding a probe into the financial malpractices suggested by the Attorney General’s report on December 2012

We publish below the statement in full;

Cleaning up the University of JaffnaRead More

University reform and the Universities Act 

By S. Ratnajeevan H. Hoole

Rajiva Wijesignhe-January 22, 2015, 8:13 pm
Item 56 of the new government’s 100-day, 100-point programme augurs well for universities:

‘Powers with regard to universities which are now exercised by the Minister will be restored to the universities through the University Grants Commission, and the politicizaton of the universities will be halted.’

University Reform and the Universities Act by Thavam Ratna

Namal Rajapaksa follows Gaddafi’s theory!

Friday, 23 January 2015
Information is coming to light as to how the former president’s eldest son Namal Rajapaksa has disbanded his company of beauties in the same manner Muammar Al Gaddafi had dispersed, towards the end of his 42 year dictatorship, the company of beauties and assigned them to various places.

One of them, Senani Samaranayake, has been released back to SriLankan Airlines, where she had been employed previously as an air hostess. On the orders of Namal, the airline has accepted her back, but had refused to employ Prasadi Samarakoon, who had taken few weeks’ leave to appear in a tele drama.

Also, the ex-president’s private protocol officer Lakmini Dissanayake has been sent to the external affairs ministry on an order by Namal. Officials of the ministry are worried that new minister Mangala Samaraweera does not care about this illegal appointment. Several days ago, Lakmini has phoned Namal and said, “I will never forget the favour you have done. Our new minister is very good. He minds his own business. Some try to undercut me. If something goes wrong, speak to the minister and settle it. As long as we remain here, we will do anything you want.”

National Executive Committee Must Declare Their Own Assets

By Kusal Perera -

Kusal Perara

Open Appeal To Compassionate Rulers

Presidential poll concluded over a fortnight ago, witnessed the opposition campaign especially in the South focusing heavily on corruption and fraud allegedly committed by the Rajapaksa regime. Media is now reporting on massive corruption that had gone extensively viral than even the opposition campaigners ever imagined. What would come of them will only be seen in time to come.

This new government under the presidency of Maithripala Sirisena most fervently promised the people of this country of a clean, corruption free, compassionate rule. Most concerned citizens now expect this government to deliver such clean and accountable rule. It is first the President, the Prime Minister, the Cabinet and State Ministers along with their Deputy Ministers who would have to bear total responsibility for a clean and accountable governance. Next is the National Executive Council that had virtually taken over policy making, though without constitutional validity.

I firmly believe the promise for clean and accountable governance can be best achieved by those responsible publicly declaring their and their family assets and liabilities. Therefore I call upon, the President, the PM and all ministers and deputy ministers in this government to declare their own and their family assets and liabilities under the Declaration of Assets and Liabilities Act No. 01 of 1975 amended as Act no. 84 of 1988, before 04 February next, the day of Independence. I would also request them to have the declarations published in their official websites; President and PM in their official websites and all other ministers and deputy ministers in their relevant official ministry websites.

Also those individuals who sit in the National Executive Committee are called upon here to declare their own assets and liabilities and of their families, in the official website of HE the President.

I may not be wrong in believing no person who promised a clean and accountable, compassionate rule will ignore this call for open politics.

Sgd / Kusal Perera
Journalist / Sri Lankan Citizen

Seychelles is ‘open to assist’ Sri Lanka with Rajapaksa money-laundering investigation
 During a state visit to Sri Lanka, President Rajapaska and President Michel in Colombo, 21 August 2012 (Seychelles News Agency) Photo License: CC-BY

 

 According to Minister Adam, the many areas of bilateral cooperation between Seychelles and Sri Lanka have been of immense benefit to both nations, and go ‘beyond politics’. (Seychelles News Agency) 

Victoria, Seychelles | January 22, 2015, Thursday - By: Hajira Amla

(Seychelles News Agency) - The government of Seychelles has said it will assist with all formal requests for an investigation into the assets of Sri Lanka’s former president.

Seychelles is ‘Open to Assist’ Sri Lanka With Rajapaksa Money-laundering Investigation by Thavam Ratna

Double Tax Avoidance Deal With Sri Lanka Proposed

January 23

2015

Fiji has proposed a Double Taxation Avoidance Agreement with Sri Lanka.

The Fijian Attorney-General and Minister for Finance, Aiyaz Sayed-Khaiyum, confirming this said a draft agreement will be sent to Sri Lanka to initiate the discussions.

Mr Sayed-Khaiyum met with the Sri Lankan Minister for External Affairs Mangala Samaraweera this week. The meeting discussed issues that will lead to improved bilateral relations.

“Enhancing trade and investment between two countries was one of the key issues that were discussed,” he said.

“The South-East Asian region is experiencing economic growth and high commercial activity.

“With the increased India-Fiji activity, we need to capitalise on the opportunities that exist in the countries within the vicinity.

“Sri Lanka, with its new Government, can be a country to target for expansion of trade, investment and tourism.”

In all, Mr Sayed-Khaiyum said they had very good discussions on strengthening Fiji-Sri Lanka bilateral relations.

This, he said, was not just between the two countries, but also between Government and business and the business to business relations.

“We have extended an invitation to Hon. Minister Samaraweera to come to Fiji, and further strengthen our relations,” Mr Sayed-Khaiyum said.

Exemplary act by premier!

 Friday, 23 January 2015 

Prime minister Ranil Wickremesinghe has taken over the Central Bank and the Securities and Exchange Commission, with immediate effect, under his policy planning and plan implementation ministry.

This takeover is due to a legal issue - that is owing to the conclusion that that would hurt the interests of the attorney general and the indictment in connection with the foreign exchange regulations violation charge being pursued by the AG against finance minister Ravi Karunanayake.

The main witness in the case is the controller of foreign exchange. Considering that the Central Bank, the workplace of the controller of foreign exchange, being under the finance ministry would upset the case, Mr. Wickremesinghe, being a lawyer, has taken away the bank from the jurisdiction of the finance ministry. Legal experts say this act by the PM is a case in point of the practical implementation of accountability.

Ranil Blames Swarnavahini Administration For Sacking Bandula

January 23, 2015 

Prime Minister Ranil Wickremesinghe has revealed the truth behind the speculations of a top politician in the new government being involved in the sacking of Bandula Padmakumara from the popular program Mul Pituwa.

Bandula

Revealing the truth behind the removal of the former Lakehouse Chairman from the program, the PM had said the decision has not been influenced by any political pressure whatsoever from the new government and that it is the Swarnavahini Chairman’s independent choice.

When questioned about the removal, the PM had told the popular literary figure Upul Shantha Sannasgala that he did not give any instructions for Bandula P to be sacked from Swarnavahini.

“Chairman of Swarnavahini, Jeewaka Edirisinghe had phoned the PM and had said that Bandula P is running Mul Pituwa against the new government and its policies and had asked whether or not he should be sacked,” Sannasgala said.

In response, the PM had informed Jeewaka that Bandula’s continuation in Swarnavahini is of no concern to him and that as the Chairman of the media institution it is up to him to do whatever he wishes.

However, upon requesting Bandula P to step down from hosting the Mul Pituwa program, the Swarnavahini administration spread a rumour that the decision was made due to increasing political pressure from the newly formed government.

Election night coup What really happend?

January 23, 2015, Thursday
Earlier this week, Indian media quoting new External Affairs Minister Mangala Samaraweera reported there was a  fear of a real coup in Sri Lanka during the early hours of January 9, when it was becoming evident to former President Mahinda Rajapaksa that the poll results were not in his favour. 

Election Night Coup What Really Happend by Thavam Ratna

Media institutions in crisis due to president’s decision!

Friday, 23 January 2015

President Maithripala Sirisena has banned, with immediate effect, state institutions from giving commercial advertisements to the media. This has been welcomed as a very good decision. However, this has left private media institutions in a serious financial crisis, say sources at these institutions.

In the past 10 years, state institutions hid their corruption and wastage from the public by giving commercial advertisements to private media institutions. When a certain person tried to get private media to carry, with evidence, a corrupt act by former Central Bank governor Ajith Nivard Cabraal, he was told by the editors of these institutions, “We cannot lose a good account like the Central Bank by carrying this news.”

Understanding this, the president has put a stop to such things and ordered state institutions not to give commercial advertisements to the media. Social activists welcome this as one step forward towards ensuring that the people get to know the truth.

Police Spox Says MR Lied Over His Home Search

January 23, 2015

Ajith Rohana

Police Spokesman today implied that former President Mahinda Rajapaksa lied about his home being searched, when he rejected claims of MR’s home being searched by the Police.

Dismissing claims made by MR about his home in Tangalle being searched, SSP Ajith Rohana said that it was not his house located in Tangalle but the Carlton estate and hall in Weeraketiya that was searched in response to a tip-off received by the DIG in charge of the area, about a sea-plane and a Lamborghini held in the premises.

“The claims that are being made about the IGP’s involvement in this search is a blatant lie,” he added.

New York Times columnist advises how to protect pro-US government in Sri Lanka

By K. Ratnayake
23 January 2015

The US and international media have focused a great deal of coverage on Sri Lanka’s January 8 presidential election. Maithripala Sirisena, the newly-elected pro-US president, has been widely and falsely presented as a democrat. The real reason for this unusual amount of attention is not concern for democracy, but rather the strategic interests of US imperialism.

An op-ed column entitled “Helping Sri Lanka’s New Democracy” in the New York Times on Monday went further, offering advice to the White House on how to entrench Sirisena and thereby protect American interests. It was written by Ryan Goodman, a law professor at New York University and adviser to the US State Department.

Goodman’s promotion of the Sirisena government as “Sri Lanka’s new democracy” is utterly false. Sirisena’s election win was the outcome of a carefully engineered regime-change operation, backed by Washington and its allies, to exploit widespread hostility to the autocratic government of President Mahinda Rajapakse.

Former president Chandrika Kumaratunga, who has close ties in Washington via the Clinton Foundation, and Ranil Wickremesinghe, the leader of the pro-US United National Party (UNP), were instrumental in instigating Sirisena’s defection from the government to stand against Rajapakse.

The promotion of Sirisena as the “democratic alternative” is absurd. As a senior cabinet minister under Rajapakse, he bears responsibility for all the Rajapakse government’s crimes and abuses of democratic rights. Moreover, his backers—the UNP and other right-wing parties—have their own long records of human rights abuses.

The US-backed move against Rajapakse was not motivated by support for democratic rights, but rather over his foreign policy tilt toward China. Washington is determined to bring Sri Lanka back into the US fold as part of its aggressive military preparations against China. American strategists regard the island as crucial to US control over vital sea lanes across the Indian Ocean that would enable a US economic blockade of China in the event of war.

Goodman has nothing to say about these considerations. Rather his column is addressed to a new task: having levered Rajapakse out of office, how will the US prevent the former president from destabilising the new government? Opposition to Sirisena will rapidly emerge as his government begins to implement the International Monetary Fund’s agenda of austerity, just as ruthlessly as Rajapakse’s did.

Goodman suggests what can only be described as a targeted human rights campaign. He refers to US Secretary of State John Kerry’s remarks that Washington will closely work with the new Sri Lankan government and follow up human rights issues.

As part of its campaign to pressure Rajapakse to distance himself from Beijing, the Obama administration sponsored several resolutions at the UN Human Rights Council on the Rajapakse government’s war crimes during the final months of the war against the separatist Liberation Tigers of Tamil Eelam (LTTE) in 2009.

The Rajapakse regime and the Sri Lankan army were certainly responsible for killing thousands of Tamil civilians, not only in early 2009 but also throughout the quarter century of civil war. The US, which backed Rajapakse’s war against the LTTE and turned a blind eye to the military’s atrocities, only took up the issue once it became apparent that China had developed close ties with the Rajapakse government.

Goodman advises that using the human rights issue in Sri Lanka now could be “too much and too little.” If the line were pressed too hard it could “destabilize the new government and jeopardize the warming of relations between the United States and Sri Lanka.” Nonetheless, the US must help “make sure that members of the ousted regime do not return to power.”

Goodman recommends that the Obama administration target former defence secretary, Gotabhaya Rajapakse, one of the former president’s brothers, whom Goodman declares an “obstacle … to smooth political transition in Sri Lanka.” According to Goodman, this can be done easily as Gotabhaya Rajapakse is a “naturalized citizen” of the US. The law professor proposes using the “War Crimes Act of 1996, which puts war crimes anywhere in the world under the jurisdiction of United States courts if the perpetrator, or the victim, is a United States citizen.”

Goodman suggests that the Obama administration publicly declare that “it will decide whether to proceed with its own criminal inquiry.” Charging the former defence secretary as a US citizen in an American court would ensure US control of the prosecution and circumvent drawn-out proceedings in the International Criminal Court.

Furthermore, Goodman even recommends that one of the charges be that Gotabhaya Rajapakse ordered the killing of unarmed LTTE leaders who were carrying a white flag and surrendering on the final day of fighting. The “white flag” incident is well known in Sri Lanka. The former defence secretary instigated legal action against ex-army chief General Sarath Fonseka, the opposition candidate in the 2010 president election, for making the accusation publicly.

Goodman’s suggestion is particularly cynical. As he states, his concern is not to prosecute all those responsible for war crimes in Sri Lanka, but rather to ensure that members of the Rajapakse regime do not return to power. Indeed, the list of war criminals is a very long one. It goes well beyond President Rajapakse and his associates. It includes General Fonseka, who was in charge of the final offensives against the LTTE and is now a key Sirisena backer, as well as the UNP leaders who were responsible for starting the island’s bloody communal war, and Sirisena himself, who was a key figure in Rajapakse’s cabinet and functioned as defence minister on several occasions.

Goodman’s column is another example of the way in which the US selectively exploits “human rights” to bully anyone obstructing US interests. It is not only meant as advice to the Obama administration but as a warning to Rajapakse, his brothers and their supporters to keep out of the way.

The posturing of the US as a defender of democracy and human rights is sheer hypocrisy. It has a long record of trampling on democracy, both at home and globally.

Just to take the past two decades, the US, assisted by other imperialist powers, invaded and occupied Afghanistan and Iraq and intervened militarily in Libya, Syria and again in Iraq. Hundreds of thousands of civilians died as a result. Top American officials from the president down are responsible for torture, arbitrary imprisonment and extra-judicial killings by drones.

Workers in Sri Lanka and around the world should reject US pronouncements on human rights with contempt. The only means for defending democratic rights is through a unified movement of the international working class, organised independently of every faction of the capitalist class and fighting on the basis of international socialism.

JVP disgusted by greed and fight to grab best ministries: Anura Kumara

 January 23, 2015  

The JVP has certain concerns about the newly-appointed Cabinet of Ministers, stated JVP Leader Anura Kumara Dissanayake. Despite the Cabinet only being an interim one formed for just 100 days, the fight to grab the best ministries has disgusted the party, he asserted.

JVP Disgusted by Greed and Fight to Grab Best Ministries Anura Kumara by Thavam Ratna

SRI LANKA: Window of opportunity to rebuild damaged legal structure

January 21, 2015
The 100-day reform programme of the new government is an opportune moment for rebuilding the legal structure of Sri Lanka, a precondition for achieving the “good governance” that has been promised.

SRI LANKA Window of Opportunity to Rebuild Damaged Legal Structure by Thavam Ratna