Baby brain scans reveal trillions of neural connections

THE DEVELOPING HUMAN CONNECTOME PROJECT-The scans show anatomical connections in the developing brain

By Michelle Roberts-10 May 2017

UK scientists have released the first batch of "groundbreaking" medical scans that reveal step-by-step how the human brain develops in babies.

Researchers around the world can use the data to understand what healthy growth looks like, say the Developing Human Connectome Project experts.

The detailed MRI scans could also improve understanding of conditions such as autism and cerebral palsy.

They precisely plot how the billions of neurons form and connect together.

Mother of all wiring diagrams

The team from King's College London, Imperial College London and the University of Oxford say their task has been incredibly challenging.

Newborn human brains contain trillions of pathways, packed into an organ that is about the size of a small tangerine.

THE DEVELOPING HUMAN CONNECTOME PROJECT-3D reconstruction of the brain's surface from newborn brain MRI data

Image copyright

So far, the scientists have released data they collected by scanning 40 babies a few days after birth.

Lead investigator Prof David Edwards said getting permission from new parents to allow their babies to be scanned was "a big ask".

"It's perfectly safe. There's no radiation or X-rays involved. But we are incredibly grateful to the families who have taken part in this work. It's contributing hugely to science."

Their plan is to scan many more newborns, as well as babies still growing in the womb.

Then they will create a dynamic map of human brain connectivity.

Prof Edwards said: "Having lots of data will mean we can study what is normal and abnormal in terms of brain development.

"We can start to answer important questions, like what happens to the brain when babies are born prematurely or how does the brain develop differently in children with autism."

The work, which is funded with a 14.9m euro European Research Council grant, will take a few more years to complete.

When it is finished, the researchers say theirs will be the biggest and best-quality collection of baby brain development images ever gathered.

A map of adult brain connections has already been made.

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THE MENACING PROMISE OF THE CTA, GIFT -WRAPPED FOR THE FUTURE

Image: Resistance to repression in Venezuela.

13/05/2017

Only the naïve would believe the rosily repeated plea by the European Union (EU) that ‘the implementation of twenty seven international conventions is the only criterion for regaining’ the GSP Plus trade facility for Sri Lanka.

Posing infinitely greater harm

Repetition does not make what is false, true though this is a well accepted propaganda strategy historically. Regardless, repeating a patently false claim is generally shrugged off as an unavoidable part of doublespeak. Similarly, when international realpolitik results in no more damage than the continuation of an existing state of affairs, only casual concern may be warranted.

For instance this may have hypothetically been the case if negotiations with the EU had (merely) resulted in the Prevention of Terrorism Act (PTA) continuing, albeit in all its disreputable glory. If so and the Government took pride in announcing that it had secured GSP Plus as it did for the umpteenth time this week, this may have only merited an aggrieved comment here or an annoyed observation there, as the case may be.

But, the situation is very different when doublespeak and realpolitik, masked in the comforting cloak of adherence to international law, poses infinitely greater harm for Sri Lankans. This is precisely the storm that a proposed Counter Terrorism Act (CTA) approved by Sri Lanka’s Cabinet has brought down on the hapless shoulders of the EU, as hard albeit unconvincingly as it may try to justify itself.

Same insistence then and now

The questions are simple. On what possible logic could the draft CTA be compliant with the International Covenant on Civil and Political Rights (ICCPR) or with the Convention against Torture (CAT) when it is far worse than the PTA itself? The ICCPR and CAT are two major treaties of those ‘twenty seven international conventions.’ In fact, Sri Lankans were told that the EU ‘expects’ the Government to table acceptably amended versions of the CTA and the Code of Criminal Procedure Act in Parliament before the decision to resume would be taken. These conditions have however not been met up to now.

The 2010 suspension was consequent to a mid 2009 Experts Report adverse to the Rajapaksa Presidency and a subsequent report of the European Commission, both of which extensively cited the critical writings of this columnist among others. Indeed, a systematic analysis of why the trade facility was suspended (the ‘white van’ syndrome was not the sole reason as some would like us to believe) vis a vis what prevails now would be interesting. Many systemic failures continue now in theory and practice, despite improvement in the overall environment.

Sri Lankans who critiqued state actions under the Rajapaksas ran the risk of retaliation ranging from physical harm to targeted character assassination. Notwithstanding, this was necessary given the steep decline in the Rule of Law. It is that same insistence which applies now, minus the risk, in this ‘yahapalanaya’ (good governance) age. And to give the devil its rightful due, even the Rajapska Presidency did not engage in as daring a feat as a contemptible counter-terror law, which this Government in all its ham-handedness has managed to do. It has gift-wrapped a present for potential abusive regimes to use to their hearts’ content.

Little faith in EU assurances

Let us be categorical on this point. As sympathetic as one may be to the predicament in which the unity alliance finds itself trapped between Rajapaksa rhetoric and its own election promises, the draft CTA reflects the abandonment of sanity at a fundamental level. It shows the contemptuous middle finger to Sri Lanka’s Constitution far more potently than the PTA. Is this what the Government really wants?

More damagingly, the pretence of ‘monitoring’ by the EU evidenced up to this point raises an important question. Given its unacceptable degree of negligence so far, what faith can be reposed in the assurance that ‘a Working Group on Governance, Rule of Law and Human Rights’ will oversee the process as part of ‘GSP+ monitoring’ after the trade facility is granted? This assurance was contained in the January 11 European Commission’s assessment report which had recommended the renewal of the facility.

Memorably it was also in this report that ‘salient shortcomings’ in the 2016 Concluding Observations of the United Nations Committee against Torture (CAT Committee) were assessed to ‘not amount to a serious failure to effectively implement the Convention.’ That blithe assessment flew right in the face of exceedingly tough Observations by the Committee. Clearly therefore, unless the superficiality of previous interventions is corrected, further assurances will be treated with understandable skepticism. Lessons must surely be learnt.

Concerns unethically invisible to some

Certainly this is not to proclaim that a counter terror law is not needed at all. Rather it is to say that whatever law must strictly conform to international standards and constitutional safeguards developed by the Supreme Court in the mid-nineties before being engulfed in political controversies that sapped its authority. The draft CTA offends on all these counts.

That it proposes to give the power to issue detention orders to your common or garden path Deputy Inspector General of Police (DIG) advised by the Officer-in-Charge (OIC) is just one example. By what stretch of the incredulous imagination could this clause have been agreed to, given endemic police torture in Sri Lanka?

So for those curious to where the indignation in these column spaces springs from, the answer lies in the EU’s expedient use of valid critiques in 2009/2010 which however appear to be unethically invisible in 2017. This has little to do with conformity to ‘twenty seven international conventions.’ And even though realpolitik and doublespeak are an inevitable part of life, the lines must surely be drawn at some point by long suffering citizens.

Harm caused by blinkered negotiations

Moreover, even with good law and jurisprudential safeguards more honored in the breach, the drafting of a ‘better’ CTA does not suffice. Practices and policy must also reform, including that of the security and defence sector. In the alternative, we can messily go forward as before, dropping all pretences.

But this Cabinet approved CTA draft holds out a different and far more menacing promise. On no account should a further assault on our liberties be tolerated by condoning a worse counter-terror law since independence, brought about by blinkered negotiations regarding (of all palpable ironies) a trade facility at that. Sri Lankans never asked for this law and should not be made responsible for it either.

Let the EU take serious note of that fact.

M'mulla residents at risk as rains could cause flooding 

2017-05-13

There was an imminent risk of another landslide taking place as a result of flooding that could take place in the vicinity of the Meethotamulla garbage dump site due to the monsoon rains that were expected to begin soon, the Movement Against the Meethotamulla Garbage Dump warned yesterday.

Speaking to the Daily Mirror, President of the Movement, Nuwan Bopage said the area was yet to see any form of restoration after the tragedy which occurred during the Sinhala and Hindu New Year.

“The main canal is still blocked by garbage and mud and the drainage system has not been restored as yet. The area is not stable yet and therefore there is a chance of another landslide or flooding in the area,” he said.

Soon after the tragedy the National Building Research Organization (NBRO) had warned residents and the public against visiting the dump site. Residents in several pockets close to the mountain had also been asked to relocate as they were living in a high risk zone.

However, Bopage said the authorities were trying to relocate residents unnecessarily. “Measures have not been taken to clear out the canal or restore the drainage system in the area. They want people to relocate instead,” he said.

NBRO officials had warned that heavy rains would lead to the garbage mountain absorbing the water making the mountain dangerous again. “If the drainage system is not looked at and the canal is not cleared it will only lead to a flood situation,” Bopage stressed.

Confirming the possibility of a tragedy taking place, the NBRO stated that heavy rains expected would increase the risk of another landslide in the area.

“The change in the weight of the mountain could lead to another landslide. We have removed residents in the immediate vicinity who would otherwise have been living in the high risk zones,” NBRO Director R. M. S Bandara said.

Steps to deal with the garbage dump site would be formulated after local and foreign agencies complete their studies at the site. However, Bandara warned that there was a probability of another landslide occurring soon and requested residents to be vigilant.

The tragedy last month killed 32 individuals and affected 1,703 more. (Yoshitha Perera & Thilanka Kanakarathna)

Modi’s Vesak visit goes well despite fears of being dogged by controversies 

by Rajan Philips-May 13, 2017, 6:47 pm 

Indian Prime Minister Narendra Modi was in the island on Thursday and Friday as the government’s guest to mark Sri Lanka hosting the 14th UN Vesak Day celebrations. Mr. Modi had tweeted earlier that he was looking forward to celebrating Vesak, interacting with Buddhist spiritual leaders, scholars and theologians, visiting the Dalada Maligawa in Kandy, and going to Hatton to open the new Dickoya Hospital and address a public meeting after that. He has done all that and is now back in Delhi, leaving plenty of grain for political grinding in the Sunday columns. My quart of grain for today’s grinding includes what was broadcast earlier in the media in anticipation of Modi’s visit, and often in tone and terms that were not merely unwelcome, but even insulting. So much so that PK Balachandran, an Indian journalist based in Colombo, titled his pre-visit piece in the Indian media: "Controversies dog Modi’s second visit."

Unsurprisingly, much of the unwelcome commentary emanated from sources that consider Ranil Wickremesinghe to be Sri Lanka’s sell-out Prime Minister and Mahinda Rajapaksa to be its only saviour, past and future. Surprisingly, however, the former President along with GL Peiris and Gotabhaya Rajapaksa had an unscheduled meeting with the Indian Prime minister. The meeting reportedly was requested by Mahinda Rajapaksa. I have not been able to find out whatever happened to Wimal Weerawansa’s threat to protest with black flags on an exceptionally white-flag day. But who cares? The Rajapaksas have more important things on their mind.

Even as they were buoyed by the massive May Day crowd at Galle Face, they found the balloon already pricked by a hitherto little-noticed clause in the 19th Amendment barring dual citizens from holding elected office. None of the three principal brothers is now legally qualified to be President. And two of them will not forsake their status in America to become an MP, or even President in Sri Lanka. Patriotism is only for scoundrels, they might say.

The present government, on the other hand, can draw little solace from the predicament of the Rajapaksas. This government is fast becoming the past master of self-destruction. Nothing more will please a good number of the cabinet ministers than a free-for-all cabinet meeting at which the UNP and the SLFP stalwarts can physically go at each other. The legal illegibility of the Rajapaksas will only reinforce the antagonism between the two halves of the unity circle. Apart from self-destruction, the government is also losing credibility among the people. It is getting hammered by its many detractors on every issue, and although much of it is without good reason, the government has shown a singular incapacity to push back on its critics and defend its positions. The Indian file is a perfect illustration of the government’s ineffectual politics.

Pushy India and people’s grouses

Balachandran, in his article I referred to earlier, attributes what he calls "grouses (in Sri Lanka) against India and the Modi government in Delhi to India’s "pushy bid to establish its presence in the island to counter China’s moves to find a foothold here." There are other factors as well, and these ‘grouses’ are shared by not only the majority Sinhalese, but also by the minority Tamils and Muslims. What might be added is that the ‘grouses’ are due not only to India’s pushiness but also to the ineptitude of the Sri Lankan government.

There are two sides to this criticism of the government’s ineptitude. On the one hand, there are those who are critical of the government because of their hostility to India. To them the problem with the Sirisena-Wickremesinghe government is that it is giving in too easily to India and every other country. The opposing standpoint, and I will concede that to be my general position as well, is that the government is being thoroughly ineffectual in countering the patriotic bluff that doing anything with India is intrinsically detrimental to Sri Lanka’s interests.

In Balachandran’s summary, the Sinhalese are riled by the proposed Economic Co-operation and Trade Agreement (ECTA) between the two countries and the wide ranging MOU that the two governments signed when Prime Minister Wickremesinghe visited Delhi in April. The Tamils are peeved that the Modi government is all about economic investments and trade on the premise that growing prosperity is the best solvent of ethnic problems, and shows no interest in promoting a constitutional solution as a necessary political companion to the economic thrust. To the island’s Muslims, Modi and his government are bastions of Hindutva fundamentalism in India and contributors to the globally orchestrated antipathy to Muslims living in non-Muslim societies.

I would argue that the Sri Lankan government, rather than its Indian counterpart, should bear greater responsibility for the loss of credibility and the rise of antagonism and/or indifference among the people in regard to the economic and trade question, as well as the constitutional question. According to Indian news media, even Indian officials are frustrated at the cavalier manner in which the Sri Lankan government makes announcements about the ECTA and MOUs. Indo-Lanka trade is not a public-opinion issue in India, but it is a huge one in Sri Lanka. And the Sri Lankan government, to the consternation of the Indians, has so far demonstrated no intention or plan to address public concerns over trade agreements by eschewing secrecy and by providing transparent information. The government’s approach to introducing constitutional changes is not any different either.

Clearing the cobwebs

The only ethnic group that is favourably disposed to Modi and his government, in Balachandran’s view, are the plantation Tamils who are descendants of South Indian Tamils brought by the British in the 19th and 20th centuries to work the island’s tea plantations. They are apparently happy that "India is turning its attention away from the Tamils of the Northern and Eastern Provinces and is looking at them at long last." They are delighted that the Indian Prime Minister ceremonially opened a modern hospital in one of the plantation towns and went on to address them in a public meeting.

For that they have been called the Indian ‘fifth column’ in Sri Lanka in a political commentary before Modi’s arrival. An extract supposedly from the Indian Foreign Ministry website was inserted in the same commentary to highlight Sri Lanka’s apparently unique vulnerability vis-à-vis India on account of having in its bosom 1.6 million citizens of Indian origin. No other neighbour of India has the same heightened vulnerability as Sri Lanka. The provocative suggestion is that while other South Asian countries have been smart enough to ward off Indian intrusion, Sri Lanka has rolled over and allowed India to plant 1.6 million of its people in the estates as Sri Lankan citizens and India’s fifth column. This is either ignorance at best or revisionism at worst, and neither can be cured by re-canvassing old ground here.

There were other equally untenable interventions as well, even alluding comparisons to the experience of British colonialism in South Asia to India’s involvement in Sri Lanka’s 30-year ‘civil war’. The much dead (KM) Panikkar was resurrected in one of the editorials as a reminder of India’s supposedly secret strategic designs for the Indian Ocean. After running afoul of every Prime Minister and running out of cabinet contention, the late RG Senanayake made a career for himself as a permanent Opposition MP by becoming the Lankan authority on Panikkar. Pannikar is no more relevant to 21st Century South Asia than RG Senanayake is relevant to 21st Century Sri Lanka. It is the government’s responsibility to clear the cobwebs of the past and project a clear vision for the future. One can only hope that the government has in it, hidden somewhere, what it takes to measure up to this other challenges.

President, Ravi to have decisive meeting

May 13, 2017

President Maithripala Sirisena and finance minister Ravi Karunanayake are to have a decisive meeting, reports say, describing it as crucial for the government. It is expected to take place after the president’s visit to Polonnaruwa in view of Vesak.

There have been reports for several months about a cabinet reshuffle that also said calls have been made to replace Karunanayake. The president as well as the SLFP politicians in the government want him replaced, noting that an MP who is not linked to the business world should be made the finance minister.

At a meeting today (13), the health minister said a cabinet reshuffle that will be good for the country will take place within days. The UNP, led by the prime minister, too, has agreed for a cabinet reshuffle.

The UNP has been saying that there was no one else, other than Karunanayake, who is qualified to be the finance minister. The president’s side has nominated a powerful UNP minister to succeed him. Top officials of the Central Bank too, are on a campaign to see the minister changed, prompting the president to decide a reshuffle. Noteworthy is that these officials had worked at the last presidential election against president Sirisena.

The aim of the cabinet reshuffle is to negate the accusations against the ‘Yahapaalana’ government and to minimize conflicts, but it appears that new conflicts could arise now. If that happens, it will be a serious problem for the president, PM and the entire ‘Yahapaalana’ government.

The circle and the Mexican hat

2017-05-12

There’s a story about a teacher and some children that offers a fitting metaphor for our political landscape. This teacher had drawn a circle. He had asked his assistant to describe it. “A circle, of course!” was that assistant’s reply. He had then asked the children to describe it. Three replies had followed: that it was a lima bean, that it was a cowboy, and that it was a Mexican hat.   
Whether a circle resembles either of these is beside the point. Children are creative. They see what we don’t. They like to unveil, sometimes undress. On the other hand, when a set of adults confuse circles for Mexican hats, they aren’t being creative. They’re being evasive. And dodgy. It’s bad enough when these adults are supposed to be informed. It’s worse when they happen to be political commentators.

Crowds heading towards the Joint Opposition May Day rally at Galle Face Green  

      

Our government has seen better days. “Better” is of course a relative construct, but for the moment let’s forget that. What’s important here is that the euphoria that greeted Maithripala Sirisena and Ranil Wickremesinghe in 2015 has died down. This has everything to do with the incumbent and not so much with the Joint Opposition. That latter point is important, because no regime before the present one here has become so unpopular both for what it does and for what it does not do.   
Consider the May Day fiasco. The president and the prime minister were handed an opportunity to upend Mahinda Rajapaksa’s legitimacy. They denied that opportunity to themselves and their cohorts when they raised speculation as to whether they’d ban the Joint Opposition from holding its rally at Galle Face, allowed it to go ahead with that rally, and shot themselves in the foot when the Rajapaksas held the biggest such May Day turnout and the JO subtly made it look as though the government had let it hold its meeting as a challenge which it (the government) obviously lost.   
What did the Joint Opposition do? Nothing. What did the regime do? Everything. That is why, at the end of the day, forgetting those hilarious claims and counterclaims made by a larger-than-life oppositional movement, it is the government that is to blame for what it does to itself. Let’s not forget, after all, that no less a figure than Mahinda Rajapaksa entertained doubts as to the size of the crowds for his rally and tried to fix the stage in the middle of Galle Face so as to soften the threat of a low turnout. The police prevented him from going ahead. The fact that he “won” speaks volumes about who’s propping up whom in our political sphere.

Our government has seen better days. “Better” is of course a relative construct, but for the moment let’s forget that. What’s important here is that the euphoria that greeted Maithripala Sirisena and Ranil Wickremesinghe in 2015 has died down   

Considering all these, one can glean some points. Pertinent points. First and foremost, our political dynamism has been toned down to a series of predictable events: the government lambasts the Joint Opposition, the JVP dismisses both it and the government, the latter challenges Mahinda to better it, gets politically creamed by his cabal, and then tries to dodge those hard-to-dodge realities by engaging in conjecture.

Crowds heading towards the Joint Opposition May Day rally at Galle Face Green   

Secondly, this process (which is so simplistic that there’s little space for any of those other, more pertinent issues ailing the country) is facilitated by an even more simplistic set of responses by those who vouch for the regime. Malinda Seneviratne, in his column last week, underlined the fiasco sections of the government led themselves to when they swore vengeance on the Rajapaksas and their cohorts. He could have found a confirmation of this with the reactions given by unabashed “yahapalanists” towards the Galle Face rally.   

Considering all these, one can glean some points. Pertinent points. First and foremost, our political dynamism has been toned down to a series of predictable events

These responses, broadly speaking, fall into either of two categories. The first downplays the significance of the turnout. The second accepts that significance but downplays the political relevance of the JO. So when Shyamon Jayasinghe argues that the “the totality of the crowds of the other three meetings would have exceeded Mahinda’s rally” and rebukes Sarath de Alwis (who, by the way, is no Mahinda lover), he is not only making that first kind of response, he is also showing that he’s willing to debate with even those ideologically opposed to the Rajapaksas with crass, numerically unsound assertions. When this same yahalapalanist is roundly routed by Alwis and then fires back “Rajapaksa should be arrested”, we can only side with Alwis as he infers how that he and his ilk prefer delusion to truth.

  
On the other hand, when Jehan Perera contends rather lucidly that the JO rally showed the willingness of the present government to allow space “to everyone in the polity to discuss and debate” but also showed its inability to obtain mileage from its democratic credentials, he is making the second kind of response while ignoring the fact that this “willingness” had less to do with democratic credentials than a miscalculated gamble that Mahinda Rajapaksa would fall flat on his face with a low turnout. I am of course not denying that political decisions must sometimes be assessed on the basis of outcome, not intention, but I wonder: does that willingness explain that erroneous remark by Rajitha Senaratne that Sarath Fonseka would be given a new position to contain (inter alia) strike action and protests?  

It’s hilarious, in a Beckettian sense almost, that none of these pundits seems to have inferred the political reality: that there was a crowd, that this crowd filled Galle Face Green, and that Galle Face Green is bigger than Getambe and Campbell Park combined. That even Rajapaksa was unsure about how many would attend speaks volumes about how even the JO is unaware of the intense hatred against the regime.   

There’s little that can be said about the political worth of the SLFP and the UNP. The JVP is losing what legitimacy it had with a propped up leadership that shows one face to the parliament and another to the public. The TNA is less concerned about the country than an ethnic constituency thereof. The Old Left shows itself as a kingmaker to the Rajapaksa Cabal when it is not. Barring Dinesh Gunawardena and a few other committed loyalists, the Joint Opposition has for the most done nothing. When a political force that does absolutely nothing gains mileage over a regime that tries to do everything, you know who’s calling up the numbers and the popularity and who’s not.  

 
I know what those who’ll (grudgingly) accept this say: that this regime is headed by doers, not populists. That’s a cop-out of the worst sort, not because we need populists but because those in power are not doers by any stretch of the imagination. Political doers do. They don’t talk shop. This government likes to talk shop. For the most. And as Kishali Pinto-Jayawardena (again, no Mahinda lover) succinctly puts it, the same civil society that was instrumental in getting the Rajapaksas out have been weakening since 2015. That, more than anything else, should point at what’s in the circle. If those who vouch for this regime prefer to look away, perhaps what they need is another set of children, this time to make them see what the Emperor is (not) wearing.

UPFA risks losing 11 seats after Geetha’s judgement

 
May 13, 2017, 7:45 pm

ECONOMYNEXT - Sri Lanka’s Court of Appeal unseating Geetha Kumarasinghe could lead to a major shift in the balance of power with the United People’s Freedom Alliance possibly losing at least 11 seats in the 225-member parliament.

The May 3 decision of the court held that Kumarasinghe, a dual citizen of Sri Lanka and Switzerland, was unqualified to be a candidate at the August 2015 parliamentary election and thus she should be removed from parliament.

Apart from removing the 61-year-old former actress-turned-politician from the legislature, the court decision has far more serious repercussions for the entire UPFA list for Galle and Matara districts which returned six and five MPs for the party respectively. The future of those MP’s is now in question.

The 45-page judgement of the two judge bench of justices Vijith P. Malalgoda and P. Padman Surasena, noted that Kumarasinghe was not qualified to be a candidate in line with the 19th amendment to the constitution even though she had declared there was no impediment to her contesting the election.

There had been instances when the entire list of candidates had been rejected because of one person in the list was not qualified to be a candidate.

At the time of the election, the returning officers at Galle and Matara decided that despite objections to Geetha Kumarasinghe and another candidate, Manoj Prasanga Hewagampalage (son of H. G. Sirisena), they were conducting the election under the 1981 Parliamentary Elections Act which had not been updated in line with the 19th amendment to the constitution which bars dual nationals from being candidates.

This issue was settled by the Court of Appeal which held that the 19th amendment applied to the election, thus overturning the decision of the returning officers and unseating Kumarasinghe on the basis she was not qualified to be a candidate at the time the nomination was filed.

The People’s Action for Free and Fair Elections (PAFFREL) confirmed that the court decision could lead to several legal challenges against the entire list of UPFA candidates in Galle and Matara where there were dual citizens.

"There can be legal challenges from several angles," PAFFREL chief Rohana Hettiarachchi said. "This is going to lead to complex legal issues that will eventually have to be settled by the Supreme Court."

Kumarasinghe herself has appealed against the Court of Appeal decision and sought and obtained a stay order on her removal from parliament until the Supreme Court takes up the case on Monday. The apex court is required to rule on a point of law if the 19th amendment applied to Geetha Kumarasinghe at the time she filed the nomination, about two months after the Speaker passed the 19th amendment into law.

The potential loss of 11 UPFA seats in Galle and Matara for the UPFA could drastically change the balance of power in favour of the United National Party (UNP).

The UNP once had its entire list of candidates for the Colombo municipal council in 2006 rejected because there was an underage candidate in it.

The 1981 Parliamentary Elections Act says that the death, withdrawal or disqualification of a CANDIDATE before or after the election will not invalidate the entire list of candidates, but in Kumarasinghe’s case she has now been declared disqualified at the time the nomination and therefore she was never a legitimate "candidate" at the August 2015 election. Therefore, the UPFA list for Galle becomes incomplete and not in compliance with the law.

The Court of Appeal also held that the case was not decided on the basis of the 19th amendment imposing a disqualification on a dual citizen to be a candidate for a seat in parliament.

Had the returning officer accepted the objections to Kumarasinghe’s name on the basis of her being a dual citizenship holder, the entire list should have been rejected. The returning officer has caused an injustice to other parties by accepting a flawed nomination paper of the UPFA.

Since there is no precedent, the courts could, among other things, call for a by-election to the two districts or simply unseat the UPFA candidates and ask the elections commission to allocate seats disregarding the votes of the UPFA. That could give the JVP a few more seats in parliament.

Any change in the Galle and Matara results will impact the national lists that will also further alter the balance of power in parliament where the UNP has 106 and the UPFA 95 and JVP 6. The TNA has 16 and the EPDP and the SLMC have one each.

At the time of nominations, the Matara returning officer noted that anyone could go to court after the election and challenge the inclusion of a dual citizen in the UPFA list.

Both Kumarasinghe and Manoj Hewagampalage were not immediately available for comment.  Hewagampalage failed to secure a seat from Matara, but his name appears in the UPFA list and in the event of an elected MP resigning or dying, he could still be an MP.ax

Sri Lanka: Unseating of Geetha — Will it spiral out of control?

Since Geeta’s nomination has been rejected on the grounds that she was not qualified to contest elections at the time she signed the nominations, the same rule would apply in this instance as well.

by A Special Correspondent-May 13, 2017

( May 13, 2017, Colombo, Sri Lanka Guardian) Galle district parliamentarian Geetha Kumarasinghe was recently declared to be disqualified from being a member of parliament by the Court of Appeal on the basis of a provision introduced to the Constitution via the 19th Amendment, disqualifying dual citizens from becoming MPs. This provision was tagged on to Article 91, which lists the disqualifications to be elected or to sit in Parliament. Article 66 of the Constitution says that an MP’s seat will become vacant if among other things, he becomes subject to a disqualification under Article 91.

Section 115 of the Parliamentary Elections Act (No. 1 of 1981) states that disqualification under any written law for election or for sitting and voting as a Member, whether before or after the election of the Member, of any person or persons nominated by a recognised political party or independent group for election at that election, shall not invalidate or in any way affect the nomination paper of that party or group, and, accordingly, the candidature or election of any other person nominated by the party or group on that nomination paper shall not be invalidated by reason only of the fact of the death, withdrawal or disqualification of such person or persons.

The government appears to be relying on the above provisions in the law to restrict the disqualification of Kumarasinghe just to her, leading to her surgical removal from Parliament to be replaced by Piyasena Gamage. Following the verdict of the Court of Appeal, the Secretary General of Parliament has already written to the Elections Commission, that her seat has fallen vacant. The matter is now before the Supreme Court.

Dr Pratiba Mahanamahewa, Senior Lecturer in law, and former Human Rights Commissioner has a different take on the matter. Article 99(13) of the Constitution provides for the filling of vacancies in Parliament by nominating the candidate who received the next highest number of preferential votes on the relevant list, for vacancies created in the event of Members resigning from their parties or being expelled therefrom or any vacancies occurring in terms of Article 66.

Article 66 of the Constitution provides for the ways in which a parliamentary seat may fall vacant. However, 66(g) – instances where the election of a sitting MP is declared void in terms of a law in force – is expressly exempted from the application of Article 99(13) of the Constitution.

On this basis, Dr Mahanamahewa argues that what should happen in the event of Kumarasinghe being declared unqualified is the entire list of the UPFA being rejected. Neither the Constitution nor the Parliamentary elections Law says what should be done in instances falling under Article 66(g) – where the election of a sitting MP is declared void in terms of a law. Depending on the interpretation that the Supreme Court gives on this matter, things could be much messier than the government anticipates. Mahanamahewa points out that under the present Constitution, the ‘constituency’ or the ‘electorate’ that elects MPs to Parliament is the District, and there are no individual electorates as under the first past the post system. As such Kumarasinghe is not the MP for Bentara-Elpitiya, but for the Galle District. She was elected not as an individual nominated for that district but as one member of a list submitted by her party. The party secretary signs the entire nomination paper and not just the nomination paper of Kumarasinghe. If Geetha is disqualified from contesting elections to parliament at the time she signed the nomination paper, the entire nomination list should be deemed to have failed.

Readers will recall that some years ago, the entire UNP nomination list for the Colombo Municipality was rejected because one of the candidates on the list was not qualified to contest elections and, therefore, the nomination paper had not fulfilled the requirement that it should have the proper number of candidates. Since Geeta’s nomination has been rejected on the grounds that she was not qualified to contest elections at the time she signed the nominations, the same rule would apply in this instance as well. Given the suspicion that there are many dual citizens among the MPs in Parliament and the election of all of them would now be open to challenge, things are likely to spiral out of control. The most important thing to watch would be how the SC interprets Article 99(13) of the Constitution and the exemption of 66(g) from the application of that Article.

Police investigate hand grenade attack at Sri Lanka Medical Council



Sat, May 13, 2017

May 13, Colombo: Sri Lanka Police have initiated investigations into the bomb attack on the Sri Lanka Medical Council premises on Friday night.

A hand grenade was thrown into the premises of SLMC building on Friday. However, the bomb had not exploded and the unexploded bomb has been found this morning.

The bomb disposal unit arrived this morning has deactivated the unexploded grenade.

Member of Sri Lanka Medical Council Dr. Upul Gunasekara told the BBC Sandeshaya that they have seen the Friday night's bomb attack on the CCTV footage on Saturday morning.

He said the security officer has heard a noise Friday night and inspected the premises but didn't see the unexploded grenade. "The security officer has seen the live grenade with the pin pulled off when he inspected the premises this morning," Dr. Gunasekara said.

The security officer has informed the police and the members of the SLMC.

The Special Task Force (STF) police has been deployed to give protection to the SLMC office after the incident.

Dr. Upul Gunasekara said according to the police the bomb was powerful enough to cause destruction within an area of about 50 meters had it exploded.

He said there are about 25,000 documents which include information on the doctors in the building. In addition, there are documents containing information on domestic and foreign medical schools.
The SLMC member said similar attacks targeting the SLMC have been carried out in the past but no methodical investigations have been conducted on those attacks.


When asked who the SLMC suspects of carrying out the attack, Dr. Gunasekara said Police investigations are being continued and he cannot comment on the attack.

One month gone by since IGP assaulted a public servant: Authorities remain silent: Here’s what the victim says!

May 13, 2017

The most interesting story in the entire Police Department these days is the meditation programme introduced by IGP Pujith Jayasundara. There are thousands of more other things to be done, but the police now have meditation. Everyone in the police do have to do meditation. The IGP is making inspections himself to find out if his idea is implemented properly. On the 11th of last month he was on an inspection tour of the police headquarters to catch those who don’t do it properly. In the end, it ended up as a joke.

During the inspection, a public servant, who is not a policeman, became the IGP’s victim. Previously, we brought a detailed report on that. The police chief showed the powers of his six-packs to a public servant from the consolidated service, who was doing the job of a lift operator at the CID. He is yet to be given justice for the harassment he underwent at the hand of the IGP. His chief is not the IGP, but the CID’s DIG Ravi Seneviratne. It appears that he too, cannot do anything on behalf of the rights of someone who works under him. However, we cannot just ignore this. All should respect human rights, and human dignity. It is not enough to write books on justice, justice should be done. Therefore, we thought about talking about it again, with the public servant who was victimized by the IGP.

Your name in full?

Abeykoon Mudiyanselage Samarakoon Banda

Where do you work in the police?
At the CID

When did you accept appointment to the CID?
In February 2016

Who is your chief?
Senior DIG Ravi Seneviratne

You are not a policeman. How come you get appointed to the CID?
I was appointed from the consolidated state service as a public servant. I am under the director of the consolidated service.

When did you join the state service?
On 08 December 1986

The first appointment?
To the Auditor General’s Department

When did you retire?
In October this year

Let’s talk about the incident. Do you remember the date?
If I remember correct, it was on the 11th of last month.

What happened?
I work in the lift. There are two to operate the lift. We work on shifts. One lift is for the ‘sirs’. Others don’t use it. The other can be used by anyone. It is used to take goods too. At 8.30 in the morning, the national anthem is sung. It is followed by the police song. Now, there is a meditation too. Until all these are over, the lift should be parked below. A few constables came. I said the lift is parked and cannot go now. They said everything is over. Then, I got out and let them go. I went to our room, drank some water with the hope of returning for duty. But, the IGP came crying out at the top of his voice. The receptionist too, was reprimanded. She is a policewoman. The filth she was abused with cannot be spoken of. No one abuses a woman like that. He walked all over the place, abusing everyone. Everyone was frightened as to what will happen next. Our sir was not present.

Who is ‘our sir?’

DIG sir.

Then, what happened?
Our admin OIC madam came. But, she too, was frightened and took cover behind the telephone box. I saw madam. She signaled me to keep silent. Then, our Amaradeva sir came with the phone at his ear. He too, heard the fuss and avoided it.  It was about five minutes to nine. I went to take care of the lift. Then, the IGP asked as to who was working there. I could not say it operates automatically, he ordered me to lower it. Then, I lowered it. I am inside the lift. The IGP grabbed me from my shirt. He got hold of the identity belt, shirt collar and the vest. Even the buttons came off. He grabbed me from one hand and raised the other to strike me. I could not think anything. He raised his hand and said “I will kill you. I will not leave you alone.”  It went on like that. Then, he abused that ‘miss’ again. He abused us and went upstairs. I heard that he played hell there too. On the way down, he abused me again, “Be prepared to go home. I know what to do with you.” He abused the other lift operator too, and left. He abused everyone for not doing the meditation.

What did you do next, Samarakoon?
I could not think. I was down mentally. I have been in the public service this long. But, nothing like this happened before. The IGP abused and tried to strike me for no reason. I retire coming October. But, with this incident, I cannot retire with peace of mind. Even today, I do my job, but with my mentality down. I am frightened too.

Didn’t the DIG come to work on that day?

He came. The incident happened before he came.

Did you complain to the DIG?
By the time he arrived, he had already heard about it. He asked me what happened. I complained to him.

What did he say?
He asked me what I was going to do.

What was your answer?
I didn’t say anything. I just told him what had happened.

Was the complaint taken up?
No

Did you ask about it?
No. I told him what had happened. It is up to them to inquire.

Did you have to face any difficulties later?
After the media carried it, it became known everywhere. Everyone kept asking me. This is the CID and I cannot say who they are. This became a nuisance and our sirs spoke to me and transferred me to the library.

Did anyone intimidate you?
No

Did the IGP speak again?
No

You are a public servant. We see that trade unions intervene actively in such matters. But, we did not see any trade union speak about your incident.
I do not belong to any trade union. I mind my own affairs. So far, I did not face any problems. I worked well at every place I worked. Even at the CID office, there were no problems. The IGP abused me for no reason.

Wasn’t mediation done on that day?

Now, meditation has to be done every day. Not just the policemen, but we too, should do it. I heard that he abused me while inspecting if meditation was done properly.

The IGP tries to be the king, demeaning his office, ignoring the human rights of his subordinates and violating the constitution. If the IGP behaves so, what can be expected from the others? It is not fair for Pujith Jayasundara to force on others his passion for Buddhism. The constitution ensures the right to follow a faith of one’s choice.  However, no one has been able to rein him in. It is sad to note that even a senior DIG has kept silent over the incident.  In a country like this, it is not surprising that human rights continue to get violated.

Ashika Brahmana

NB:
several media institutions have applied, under the right to information act, for the CCTV footage of the incident. Fourteen days have gone by, but the responsible authorities have taken no action. The head of the CID keeps silent.

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