Sampur resident begins hunger-strike demanding Sri Lanka to return appropriated land 19 May 2015 Thavarasa Premkumar, on Monday, declared a fast unto death in order to pressurise Sri Lanka’s government to hand over the appropriated lands of the displaced people of Sampur.   Photographs: Tamil Guardian Mr Premkumar’s demands were based on 3 requests listed below: -Requesting the Sir Lankan government to handover the lands of the Sampur people respecting their rights and solemnity to live a dignified life in their own lands. -Requesting the international community and the United Nations to pressurise the Sri Lanka government to take immediate measures to solve the burning issues of the Sampur community. -Requesting the Tamil diaspora to work in lines with the affected and desperate communities in the Northern Eastern region to safeguard and sustain their rights and entitlements.  In his statement, Mr Premkumar, said that countless failed promises by the Sri Lankan state had driven him to hunger-strike to force action to benefit the community.  Several protestors joined Mr Premkumar to show solidarity with the campaign.  The hunger-strike commenced as the Tamil National Alliance parliamentarian MA Sumanthiran submitted an intervention to Sri Lanka's supreme court demanding return of appropriated lands to listed individuals from Sampur.

Grilling of DN

May 19, 2015

Some Buddhist monks and laymen have taken exception to the manner in which the police recently interrogated the Diyawadana Nilame (DN) of Sri Dalada Maligawa. What the police have done is tantamount to an affront to the sacred temple, they argue.

However, there are others who point out that everybody is equal before the law and, therefore, the DN shouldn’t be given special treatment; he should be dealt with like any other ordinary citizen. Their argument is also not without merit.

The police must be able to act without fear or favour and nobody is above the law. However, regrettably, they often conduct interrogations and make arrests in such a way that they allow their independence to be called into question. They are notorious for currying favour with the powers that be by conducting megaphone probes, as it were. This, they have done under successive governments. The Rajapaksas used the police to harass their opponents and the boot is now on the other foot!

True, those who voted for President Maithripala Sirisena want the racketeers shielded by the previous government brought to justice and they expect the police to act fast. They must not be disappointed. But, the question is whether things should go so fast and furious as a form of public entertainment. Police probes shouldn’t have the trappings of political circuses.

The question of lay custodians of sacred places being interrogated by the police or hauled up before courts won’t arise if the right persons are appointed to those posts; misfits must not be allowed to have themselves elected by bribing state officials who are entitled to vote.

Right to fly

An Indian court has recently declared that birds have a fundamental right to fly and, therefore, humans cannot cage them. Birds, too, have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone, Delhi High Court Judge Manmohan Singh has said as we reported yesterday.

This is a trailblazing judgment which will certainly redefine the concept of fundamental rights which have hitherto been thought to be limited to humans. People for Animals should be thanked for having taken trouble of invoking the jurisdiction of the court.

Bird trading is also a moral issue. It amounts to cruelty as the learned judge has rightly pointed out. That is why Mahatma Gandhi has said the greatness and moral progress of a nation can be judged by the way its animals are treated. If birds cannot be kept in cages for sale as pets, it must also be illegal for them to be imprisoned and slaughtered systematically.

It will be interesting to see the legal implications of the Delhi High Court judgment as regards aviaries in zoos where hundreds of birds are denied their right to fly in the sky. Besides, they are being kept in cages for a commercial purpose. People have to pay to visit zoos, don’t they?

In this country, too, there are people thriving on the suffering of birds kept in cages, especially near some famous temples, as devotees buy them freedom to redeem vows. A former president also maintained an aviary at his official residence and there were occasions when the police were asked to search for some imported parrots which had escaped from that gilded prison. (Have those poor birds been released by the ‘good governance’ administration?)

If the scientific claim that birds are descendants of dinosaurs is anything to go by then man is a Johnny-come-lately, where life on earth is concerned, and has no right to curb the feathered critters’ freedom to live and fly, court orders or no court orders.

Canadian Tamils remember Mullivaikkal massacres in Toronto

20 May 2015
Over one thousand people gathered in Toronto on Monday to mark 6 years since the massacre of tens of thousands of Tamils in the final phases of the armed conflict.


Marking 'Tamil Genocide Day' in Albert Campbell Square, Canadian Tamils gathered and laid flowers in remembrance of those killed.

Newly elected Leader of the Conservative Party Ontario, Patrick Brown, spoke at the event, telling the audience that justice for those massacred should be an issue for politicians across the political spectrum. “Whether NDP, Liberal or Conservative, it is a Canadian value to stand up for justice,” said Mr Brown.


MP Rathika Sitsabaiesan, Jim Karygiannis and Indian director Gauthaman were also amongst the others who addressed the crowd.

Devolution: Media In Provinces

By Lal Keerthie Fernando –May 20, 2015

Lal Keerthie Fernando

Access to media, its determination for news and information, is an added advantage, a plus more, in promoting progress in the provinces. The ability of its readership to comprehend, divergence in views related to development has to be understood by media owners and the society in general in the provinces. To mention devolution and not understand the validity of media presentation, will only lead to derelict performances of stake holders. The province fails to absorb the message. The burden of responsibility for good governance fails at local level, causing less concern of the province and its legislators. The centre has been awarded legal rights to ignore the province.

The problem remained, as provinces over the years had been run by both partners in power; the centre dominating the province, either through extra budgetary resources for members of the centre and their statements from the “House”, covering national issues. The voice of the parliamentarian hardly was heeded in the province, although, the person was from the province. National interest voiced through a centre orientated media which earmarked a readership at national level and from Colombo, became reality.

Talking of reconciliation, peace etc. for the north and development in all provinces alike, cannot be impacted. It could be done, if only the party and government/s remaining in governance is proved worthy of governance, through the provincial media. The province having the right to be heard through its own media will confirm the authority and strength of the government in power. Of its policies. On the other hand, the national media remains incapable, administratively and financially to divulge a governments’ progress at provincial level. Printing wise, impossible too. National media emerged from colonial rule and continues to remain in that spirit up to now. The society is complex today. It has changed. Languages, tamil and sinhalese, explicitly, sending messages and want much more to be heard from where they are.

We see two good examples. The first example: The northern papers, at provincial level, have remained more nationalistic, pro-tamil and thoroughly politics as such, owing to lack of development in the region. It is development which will able to force a dialogue for the law, culture, arts and projects. Increase in standard of living and poverty relief at that level are leading issues for the media and by the media. It is here one need to address the issue by local papers impacting re-conciliation and not just, talk, talk. Even if such media is to be controlled by vested interest, nothing stops others entering the market for divergent views, changing style and content, in favour of development and dialogue. The core issue will come to be, the owner and editor having the province as their interest. Dissent and extremism have reasons to be diluted, cast aside, through participation and the Jaffna media has already begun that access to the difference via the media. Other provinces have reasons to follow suit. Freedom to own and run a media is not a issue.

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Sri Lanka: Domestic Mechanism in June; New Parliament by September – President

20/05/2015

The domestic mechanism to investigate allegations over the war will be in place by June, President Maithripala Sirisena said.

He also said that  a new Parliament will be in place by September this year.

Speaking to media heads today, the President said that international investigators will not be allowed into Sri Lanka to investigate the war.

Instead, he said the domestic mechanism will be setup by next month and the local laws will deal with those accused of human rights abuses.

“We have had talks with the UN High Commissioner for Human Rights on the investigations. As a government we have told them we will not agree foreign investigators coming into Sri Lanka. However we will take advice from the High Commissioner’s office and conduct a domestic investigation,” the President said.

The Office of the UN High Commissioner for Human Rights is expected to submit a report on Sri Lanka to the UN Human Rights Council at its September session.

“We need to brief the Human Rights Council in September on the domestic mechanism. So the mechanism will be in place by June. We will ensure our sovereignty is protected in the human rights investigation,” Sirisena said.

Parliament will be dissolved after an agreement is reached on the 20th Amendment to the constitution and the Constitutional Council. the President at the same meeting.

“There are some pending issues to be addressed by the current Parliament. Once those issues are addressed Parliament will be dissolved and elections will be held. We should have a new Parliament by September,” he said.th.

The President did not say when Parliament will be dissolved and when elections will be held but he was confident that the outstanding issues will be addressed and elections will be held soon.

( Thanks to Colombo Gazette)

6 Reasons Why Accountability in Sri Lanka Matters

• by Mytili Bala 
• - on 05/20/2015 

Sri Lanka’s 26-year civil war ended six years ago amidst allegations of war crimes, crimes against humanity, and other serious abuses by both government and rebel forces. In 2011, a U.N. panel concluded that “the conduct of the war by [both sides] represented a grave assault on the entire regime of international law designed to protect individual dignity.” A U.N.investigation is complete, but its report has been deferred to September.

Today, the new government of President Maithripala Sirisena has made welcome promises to hold perpetrators on both sides accountable, but it has yet to show tangible progress. Its decision last Friday to promote Jagath Dias as Army Chief of Staff raises real concerns: Dias is alleged to be responsible for serious international crimes during the last phase of the war.

Six years after the war’s end, here are six reasons why accountability for war crimes and crimes against humanity remains critical.

Accountability will help war-affected communities heal from a violent past.As one Tamil woman explained in her recent letter to the U.N. High Commissioner for Human Rights: “Each and every family in the Vanni region has been affected by the war.” Unless there is accountability, Sri Lanka’s war-affected families will never know what happened to their disappeared loved ones or be able to rebuild their lives.

Accountability may help deter future human rights abuses. Sirisena’s predecessor failed to deliver on promises of accountability, and troubling reports of post-war violations emerged. In 2014, Sri Lanka Campaign published a report pointing to post-war crimes against humanity committed against Tamils in the Northern Province. Another report documentedsystematic post-war torture and sexual violence of those perceived as having ties with the defeated LTTE. From an atrocity prevention standpoint, impunity paves the way for new human rights abuses to occur.

Accountability will help restore the rule of law and faith in a united Sri Lanka. Accountability matters to strengthen institutions and reestablish a commitment to the rule of law for all of Sri Lanka’s communities. Without accountability, there is the risk that Sri Lanka’s Tamil minority will feel little purchase in a united Sri Lanka, losing faith in the ability of state institutions and courts to deliver justice. Accountability will finally end decades of impunity for crimes by the LTTE, Indian Peacekeeping Forces, Sri Lankan armed forces, paramilitaries, and the JVP.

Accountability will promote reconciliation across ethnic divides. By apportioning blame on both sides, accountability will help challenge nationalist myths within the Sinhalese and Tamil communities about the Army and the LTTE and help shift blame from whole groups to the individuals responsible for alleged crimes. In particular, many war-affected Tamils would like to see prosecutions of senior officials on all sides—Army, LTTE, and paramilitaries—rather than lower-ranking foot soldiers. Pursuing accountability for those most responsible could therefore lay the groundwork for broader conflict transformation across ethnic divides.

Accountability will reaffirm and strengthen international law. In winning the war, Sri Lankan armed forces allegedly engaged in serious violations of international law, resulting in an “unimaginable humanitarian catastrophe.” Yet, after the war, Sri Lanka’s Defense Ministry held annual conferences to propagate the “Rajapaksa Model of fighting terror.” Israel, Myanmar, Thailand, Nepal, Pakistan, India, Colombia, and the Philippines have reportedly studied the Sri Lankan approach. Unless the record is set straight, the Sri Lankan experience could stand as a dangerous model and threaten international laws meant to protect civilians during armed conflict.

Accountability will help Sri Lanka rejoin the international community. Under the previous government, Sri Lanka became increasingly isolated from the international community, leading the U.N. Human Rights Council to pass three successive resolutions to promote reconciliation and accountability. As U.N. Special Rapporteur Pablo de Greiff stated after his recent visit, by committing to accountability, Sri Lanka will be “rejoining the international community of rights,” through “an international system which Sri Lanka contributed to constructing.” Indian Prime Minister Narendra Modi likewise expressed India’s hope that Sri Lanka “accommodates the aspirations of all sections of society, including the Sri Lankan Tamil community, for a life of equality, justice, peace and dignity in a united Sri Lanka.”

In short, Sri Lanka has a real chance to help all of its ethnic communities transition from a divided past to a shared, peaceful future, if it commits to accountability. Six years after Sri Lanka’s brutal civil war, accountability remains more important than ever.

Mytili Bala is the Robert L. Bernstein International Human Rights Fellow at The Center for Justice and Accountability, an international human rights organization dedicated to deterring torture and other severe human rights abuses around the world and advancing the rights of survivors to seek truth, justice and redress.

Not even a hint of racial violence: TNA

2015-05-20 20
Rejecting assertions by the Jathika Hela Urumaya, the Tamil National Alliance said today that the protest in Jaffna was only an 'expression of anger against the brutal murder' of an 18 year old student.

"There was not even a hint of targeting the Sinhalese living in Jaffna or anything of that sort. That is a complete fabrication. The protest was an expression of the people;s anger at the brutal murder of this student", TNA MP, M.A. Sumanthiran told Daily Mirror.

Earlier, issuing a news release, the JHU said, 'Sinhalese are being threatened' with the protest used as a pretext to do so.

"This suggestion is uncalled for and is designed to stir up racial hatred in the country. They should be withdrawn immediately" Sumanthiran said.

The protest and hartal took a violent turn in Jaffna today, with crowds stoning the Jaffna courthouse and burning tyres, following a wait for one of the main suspects in the alleged rape and murder of an 18 year old girl. (Hafeel Farisz) - See more at: http://www.dailymirror.lk/73223/not-even-a-hint-of-racial-violence-tna#sthash.5tGKNVJC.dpuf

Issues Concerning Judiciary: MS & RW Should Take The Full Responsibility

By Nagananda Kodituwakku –May 20, 2015

Nagananda Kodituwakku

Now, various statements are appearing in both electronic and print media, criticizing the Judges in the Superior Courts for bias. I believe that this approach simply shows lack of foresight on the part of the new regime. In my view, without blaming any, MS RW regime should blame only them for lack of coherence.

New regime has already betrayed the people, as the 19th amendment expressly permitted the judges in the superior courts to hold office and continue to exercise and discharge the powers and functions after it become law.

In 1978 when President JR Jayewardene determined to install a ‘vibrant independent judiciary’ a specific provision was incorporated in the 1978 Constitution (Article 163), removing all judges in the Supreme Court immediately before the commencement of the Constitution.

The new regime knew that former President made several arbitrary appointments to the Superior Court System simply according to his whims and fancies and if the present regime had an iota of common sense they could have easily included all the judges in the Superior Court system in the Transitional Provision (Section 54) to the 19th Amendment that removed only the commissioners holding offices in various Commissions, after it became law, which however, expressly retained the judges in the Superior Courts.

In fact, when the 19th Amendment bill was published, by way of a Petition to the Supreme Court, I challengedthe retention of these judges, on the basis that they had betrayed the Judicial power of the people they exercise on trust by responding to MR’s two questions referred to Court, which lack any ‘public importance’ whatsoever, as required by the Article 129 of the Constitution. In fact, Mohan Peiris absolutely denied the people of this country, any hearing on this matter, including the professional body of lawyers, the bar association and he considered that the Supreme Court was under the command of the executive president.

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Judgment on Gota’s FR A SETBACK TO THE GOVT

by Upul Joseph Fernando

( May 20, 2015, Colombo, Sri Lanka Guardian) It was the Judiciary which gave strength to Chandrika to end Ranil Wickremesinghe’s Government in 2004. When the 18(a) Constitutional Amendment which barred Chandrika from dissolving Parliament after one year went before the Supreme Court, the then Chief Justice Sarath N. Silva and the bench halted it stating that a referendum was needed in addition to the two thirds majority in Parliament for that purpose.

Judgment on Gota’s Fr a Setback to the Govt by Thavam Ratna

While Susil –Nimal the chiefs of ‘rogues for rogues’ blue brigade threaten the FCID , Bayagotha summoned for more questioning tomorrow

(Lanka-e-News- 19.May.2015, 6.45PM) Ex defense secretary Gotabaya Rajapakse alias Bayagotha who knows deep within his bones what amount of  criminal and murderous activities he engaged in ,and whose monumental guilt is preying on his conscience and  mind , somehow  managed to secure an illegal court order recently  to ward off his arrest.    Nevertheless , since his criminal involvements are so egregious he had been summoned again to the special police  FCID( Financial crime investigation division ) again  tomorrow , Wednesday (20) morning for further grilling. 

Gotabaya alias Bayagotha has been summoned for interrogation in connection with his following criminal involvements :

During the period 2006 , when MIG 27 aircrafts were being purchased , a sum of over US dollars 10, 000 million was transferred to a fake company in UK which is non existent.

Involvement in a fraudulent transaction when the shares belonging to  Harry Jayawardena of  Lanka hospital were sold, and several other financial irregularities.

When Bayagotha was summoned by the FCID on the 11 th  , by advancing the excuse that  he has been summoned by the Bribery and corruption commission , he avoided the FCID.

Meanwhile ,Susil Premachandra and Nimal Siripala De Silva the shameless brutes by birth appearing for  the ‘rogues on behalf of rogues’ crooked  blue brigade addressing a media briefing said , no sooner they seize power than the FCID will be disbanded, thereby unwittingly exposing their monumental fear of the laws of the country which is an inborn  characteristic of all criminals , murderers and   traitors in sharp  contrast to the attitude of law abiding citizens who most welcome and best respect laws unlike crooks and criminals .

It is a universal  fact that the  ministers and MPs of the previous government became widely known not because they served the country honorably but rather because they ruined the country most dishonorably even fattening on the death and despair of the very people who elected them into power . These are the ministers and MPs who are now championing the cause of  the group ‘rogues on behalf of rogues’ and  resisting the arrest of another notorious crooked  criminal of the neelakasa (blue brigade of crooks) , the Diyawadane Nilame of Dalada Maligawa , Nilanga Dela ,against whom there are investigations in progress even now  in respect of five cases filed in courts . Susil and Nimal the chiefs of the  ’rogues on behalf of rogues’ crooked blue brigade  have objected to the filing of charges of financial frauds against the neelakasa criminal Nilanga Dela on the ground that those charges are in pursuance of a false agenda

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by     (2015-05-20 13:17:32)

Colombo Port City: Do The Chinese Have A Hidden Agenda?

By DNR Samaranayaka –May 20, 2015

DNR Samaranayaka

The controversial Colombo Port City (CPC) project, which has been designed to reclaim the seabed and develop a large commercial centre in an area covering 230 hectares adjacent to the city of Colombo, remains under suspension since early March 2015. A plethora of articles has appeared about the CPC, which is financed by the China Communications Constructions Company (CCCC), since the Sirisena government was formed and especially after the announcement by the government spokesperson, Rajitha Senaratne that the new government has given the green light to go ahead with the project. This announcement contradicted the promise made by the coalition during the election campaign about its imminent closure, if elected. Ironically, the approval of the CPC by the new government was made without giving any reasons or explanations as to why the government retracted from its earlier commitment.

Because of these articles, highlighting various issues that are associated with the CPC, there has been a significant interest and an awareness of the project among professionals, journalists, politicians and others in the country. Most of the articles written on this subject argue that due mainly to environmental implications of the project on the western coastline it should not be undertaken. Other issues such as the cost of the project to the country, sovereignty, regional security, impact on domestic physical resources required for the construction of the project and possible congestion in the Colombo city and its surroundings have been cited as objections. Some writers also argue that the project has certain benefits that can help the country to attract more investments, and, therefore, if the project is abandoned it will adversely affect the investment flow to the country. Others dismiss the environmental concerns claiming that they are just a gimmick used to prevent the project going ahead. A number of journalists have also contributed to the debate. An editorial in a leading English newspaper justified the project because the termination of it could impact negatively on the relationship between the two countries. Some journalists have also focused on the plight of the workers due to its suspension and they urge the government to consider its continuation. The Chinese too have actively participated in the debate through advertisements in the print media justifying the project.Read More

Who provides protection to the former CB Governor?

Wednesday, 20 May 2015

There is a consolidated opinion in the legal circle that the current Attorney General Yuwanjan Jawaharlal Wanasundara Wijethilake is providing legal protection to the former Central Bank Governor Ajith Nivad Cabral who has been charged for many financial crimes.

The opinion of the legal circle is that despite having excess evidences for transporting money worth US Dollar 100 million (Rs. 1300 million) to the Temple Trees it is surprising why the former Central Bank Governor is left alone without any inquiry.

It is reported he former CB Governor Ajith Nivad Cabral has made a tremendous effort to appoint Yuwanjan Jawaharlal Wanasundara Wijethilake as the Attorney General.

Ajith Nivad Cabral’s wife is the sister of the former secretary of the Justice Ministry Dara. S. Wijethilake. The husband of Dara Wijethilake is the senior lawyer Lucky Wijethilake who is one of the partners of De Seram Lawyers Limited. Lucky Wijethilake’s younger brother is this Yuwanjana Wanasundara Wijethilake who is the current Attorney General.

The legal circle confirms the delay which is causing to enforce the law against former government officials who are charged with corruptions is that the current Attorney General is indirectly dispersing their inquiries.

FCID grills Gota for six hours

2015-05-20
The Financial Crime Investigation Division (FCID) today interrogated former defence secretary Gotabaya Rajapaksa from 9.30 a.m. till 3.00 p.m. on the controversial MIG deal and about a share transaction by Lanka Hospitals Ltd.

 He didn’t talk to the media but drove away from the premises soon after the interrogation ended in the afternoon. 
A complaint was recently lodged at the FCID about a questionable share transaction at Lanka Hospitals under the chairmanship of Mr. Rajapaksa between 2009 and 2014. 

Mr. Rajapaksa had a few days ago filed a Fundamental Rights (FR) application seeking an interim order staying his arrest by the FCID. (Chaturanga Pradeep) - See more at: http://www.dailymirror.lk/73205/fcid-grills-gota-for-six-hours#sthash.BJJAci24.dpuf

Full Text Of Ranil’s Bond Committee Report – I’ve Nothing To Do With Committee Findings: Dr. WAW

May 20, 2015

The three-member committee appointed by Prime Minister Ranil Wickremesinghe to probe into the controversy that has emerged over the issuance of Treasury Bonds has said that the Central Bank GovernorArjuna Mahendran had no direct role in deciding to accept bids over and above the one billion rupees stipulated in the 30-year bond tender and accept up to 10 billion rupees.

The Central Bank Governor – Arjuna Mahendran

The Committee concluded that there was no evidence to the effect that the governor had direct participation with regard to the activities of the PDD and the Tender Board Committee.

The three-member Committee that looked into the 30-year bond issue consisted; Gamini Pitipana (Attorney-At-Law) – Chairman, Mahesh Kalugampitiya (Attorney-At-Law) – Committee Member, Chandimal Mendis (Attorney-At-Law) – Committee Member.

The first page of the report said, “The Prime Minister who is the Minister of Policy Planning made available the service of Mr. W.A Wijewardena the former Deputy Governor of the CBSL. Mr W. A Wijewardena assisted the committee in technical aspects.”

When asked for a comment, Dr. Wijewardena said: “My role was to help the Committee understand technical matters.”

“I am not responsible for the findings of the Committee which are theirs.” Dr Wijewardena told Colombo Telegraph.

To read the full report click here

Man self –immolates in Kilinochchi

 2015-05-20

Police have commenced investigations into an incident in which a man has committed suicide by self –immolation in Kilinochchi police division yesterday (19) at around 8.30a.m., Police told Ceylon Today Online.

The deceased was a 48-year-old resident of Malayalapuram in Kilinochchi.

The reason behind his suicide is yet to be revealed.

The remains are kept at the mortuary of Kilinochchi hospital. The post mortem examination will be conducted today (20).

Kilinochchi Police is carrying out further inquiries intothe incident.

Two sailors remanded for carrying stone during victory day parade

2015-05-20
Two navy men were remanded till May 25 by the Matara Magistrate today after a stone was discovered in a backpack of one of them while they were participating in the victory day parade held in Matara yesterday, police said. 

Police spokesman ASP Ruwan Gunasekara said the stone was found inside the bag of a navy man who pushed the wheel chair of a disabled sailor. 

ASP Gunasekara said after the sailor had claimed that someone else must have put the stone in his bag to embarrass him, another sailor was also arrested on suspicion. 

He said investigations were being carried out to find out the reason for carrying such a stone during the parade in which President Maithripala Siriena also participated. - See more at: http://www.dailymirror.lk/73219/two-navy-sailors-remanded-for-carrying-stone-during-victory-day-parade#sthash.xTa5jLaT.dpuf