Continuing Torture & Sexual Violence In Sri Lanka

By Brian Senewiratne –AUGUST 7, 2017

Dr. Brian Senewiratne

President Sirisena and Prime Minister Wickremesinghe claim that since they took over Government from the Rajapaksas in 2015, the situation in Sri Lanka has changed for the better.

A Report by the International Truth and Justice Project (ITJP) released on 14 July 2017, “Unstopped 2016/17 Torture in Sri Lanka” has a different view.

I have not written this Report. I have only condensed a 89-page document to something that is shorter. If  there is a problem with what has been written, contact ITJP, not me.

I will only set out the ground realities that have not been dealt with in the ITJP report since it is of crucial importance.

A Military/Police area

The Tamil North and East of Sri Lanka are under the military and police (99% and 95% Sinhalese). who can do what they want to anyone with no accountability. This includes torture, rape, abduction, interrogation, ‘disappearances’ or anything else. It is a military/police area. With more than 200,000 Armed Forces in the area – it is highly militarised. The ratio of civilians to ‘Security Force’ personnel is about 5 to 1 – a situation that does not exist in any other country. The Sri Lankan government has not given a valid reason as to why such a high militarisation in an area where there is no longer an armed conflict. The legal system has almost collapsed so that it is an exercise in futility for victims of human rights violations to expect justice in courts. None of this has changed with the change in Government in 2015, nor is it likely to change anytime soon, if ever.

Unstopped: 2016/17 Torture in Sri Lanka

International Truth and Justice Project (ITJP)

ITJP is administered by the Foundation for Human Rights in South Africa under its director, transitional justice expert, Yasmin Sooka.

The ITJP team of investigators and prosecutors

The ITJP team is made up of seven international investigators from a diverse range of countries, including former prosecutors and investigators from the Ad Hoc Tribunal for the Former Yugoslavia (ICTY) and Rwanda (ICTR), lawyers who have worked for the South African Truth and Reconciliation Commission, the Timor-Leste Commission, the United Nations, the Special Court of Sierra Leone and the International Criminal Court who collectively have decades of experience in investigation of sexual violence and torture, and in many instances firsthand knowledge of investigations relating to Sri Lanka.

The investigation

The Report is based on sworn testimony from 24 victims of torture who have fled abroad to Europe, mainly the UK. About 3-4 days were spent with every witness with a trusted interpreter in a safe place. The statements taken were translated and read back to the victim in Tamil before it was signed. Statements were also supported by medico-legal reports when possible, psychological reports and documents from ICRC, Migration reports, Courts, the Sri Lankan Human Rights Council,  scar photographs and media reports where applicable.

The Foreword

I will quote a few sentences from the Foreword written by Yasmin Sooka.

“The conflict has not ended for many Tamils in Sri Lanka and is still being perpetrated through unlawful abductions, detention and torture. Witnesses describe being tortured and raped by the security forces, some as recently as 2017.

What is shocking is the high number of victims we now see who have been tortured not once but on multiple occasions – in one case as many as five times. Sadly, this is no longer out of the ordinary.

Even more disturbing is the number of torture victims whose very close family members have also been tortured on separate occasions. This has huge implications for any credible future rehabilitation and for individual recovery which requires family support. The revictimisation through the deliberate targeting of the grown-up children of former LTTE cadres, indicates a high level of paranoia and persecution that is utterly at odds with the Sri Lankan Government’s rhetoric of reconciliation. It will also deepen intergenerational trauma and foster new conflicts.

The suicide attempts were so frequent that we had to start a psychosocial trauma project in London to keep witnesses alive, restoring a sense of group identity and hope for their future. Their journey abroad is not about bettering their lives – it’s about staying alive. Even that is a struggle.

This report establishes that in 2016/17 both the military and police in Sri Lanka continue to abduct, unlawfully detain, torture and rape Tamils.

The violations remain systematic and officially sanctioned by command structures within the security forces. Victims describe senior officers coming into their torture chamber. A standard operating procedure continues, involving three security force teams – one abducting, one interrogating and another releasing for money. Once the victim has fled, their family remains under surveillance by the intelligence services in order to keep them quiet.

Corruption

Corruption is rampant. All the victims are eventually released on payment of money by their families. Security officials actively solicit the ransoms when the families are slow to respond to the abduction.

Read More

Ex-Navy commander to be arrested over abductions?

Aug 07, 2017

Top Navy officers have revealed to the CID that former commander Wasantha Karannagoda was directly responsible for the abduction and enforced disappearance of 11 youths from Colombo and suburbs.

Five suspects are already under arrest, including Commodore D.K.P. Dassanayake, who was in charge of Navy intelligence and Sumith Ranasinghe, who was in charge of Gun Side intelligence camp at the Trincomalee Navy camp. It was Karannagoda himself who had made the first complaint about the incident. However, statements given by top Navy officers indicate he had been aware of these abductions, the CID says.

At the related court case hearing on August 02, the Colombo Fort magistrate ordered the arrest and producing of all suspects before courts. After considering the statements, the ex-commander will be arrested, a top CID official said.

A Navy extortion gang abducted Rajiv Naganathan, Pradeep Viswanathan, Mohamed Dilan, Mohamed Sajith, Thalakeshwaran Ramalingam, Thiagaraja Jegan, Soosaipillai Amalan Leon, Soosaipillai Roshan Leon, John Reit, Kasturiarachchige Anthony and Ali Anwar. A total of around 27 youths had similarly been kidnapped.

After Dassanayake’s arrest, certain media and websites tried to clear him, saying his arrest was based on one piece of evidence. However, the case report shows there is much evidence against him. The persons questioned by the CID have also been accused of human trafficking and other charges.

Shalika Wimalasena

PRIME MINISTER’S ‘CONSTITUTIONAL AMENDMENT‘  IS A PLOY TO DELAY ELECTIONS

Keerthi Tennakoon.-06/08/2017

Prime Minister Ranil Wickremesinghe is attempting to delay elections through coming up with bogus ‘constitutional amendments’, Keerthi Tennakoon says adding that the gazette on the draft bills on the 20th Constitutional amendment, issued on July 28, is an attempt to delay the holding of Provincial Council elections until October 2019, when the tenure of the Uva Provincial Council ends.

 

“Wickremesinghe has exposed his desire not to face any election till the end of President Maithripala Sirisena’s tenure in December 2019,”he  has said. Tennakoon added that the Prime Minister wishes to accomplish three objectives through these ‘constitutional amendments.

 

1. Holding all Provincial Councils on one day and giving parliament the power to decide when to dissolve the councils

2. To extend the tenure of some provincial councils to hold the elections in one day.

3. Vesting the powers of the councils with Parliament when they are dissolved.

 

“It is undemocratic to authorize parliament to run a provincial council when it has been dissolved. To postpone elections one needs to go for a referendum as well as two thirds majority in Parliament. This is clear stated in the verdict on Karunathilaka And Another V. Dayananda Dissanayake, Commissioner of elections in 1999,” Tennakoon said.

 

Former president JR Jayewardene postponed elections by going for a ‘referendum’. Presidents Chandrka Bandaranaike, Mahinda Rajapaksa and Maithripala Sirisena have all postponed elections. The current prime minister along with several political parties that are hesitant to go for elections is now attempting to postpone elections by gazetting the draft bills on the 20th Constitutional amendment and Provincial Councils Elections Act.

 

One of the main election promises of the government was electoral amendments. It is disheartening to see the same administration using constitutional amendments’ to delay elections.

High level consensus neededto make the third transition

By Jehan Perera-August 7, 2017

Sri Lanka is at the threshold of its third transition within the space of a decade. The first took place in 2009 on the battlefields of the north when the LTTE was militarily defeated and the government regained control over the entirety of the country. The second transition took place in 2015 with the political defeat of the former government that won the war at the presidential and general elections that took place in the course of the year. The issue of Foreign Minister Ravi Karunanayake’s involvement in the Central Bank bond case and its potential fallout could be the third transition. The way that the polity, not just the government, tackles this issue could prove to have momentous consequences.

The public controversy that has engulfed Foreign Minister Karunanayake is an outcome of the process of transition launched by the leaders of the government, most notably President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, and including former President Chandrika Kumaratunga, in 2015. During the presidential and parliamentary elections that took place that year they promised good governance and an end to impunity, where the Rule of Law prevailed over the Rule of Men. In concrete terms they promised that the culture of fear that gripped all sections of the population would be brought to an end. They also promised that the corruption that had reached massive proportions would be ended and transparency brought to governance.

To its lasting credit the government has delivered on the first, and most important of its promises. The culture of fear has receded if not ended. Without security of life there will be unwillingness to act or speak out. Today there is a willingness and ability on the part of the general population, let alone political activists, to voice their criticisms of the government and its leaders. The storm that now threatens the Foreign Minister could go beyond to others in the government. During the period of the last government there were scandals of massive proportions, such as the construction of white elephant projects that have created a long term foreign debt crisis for the country, and the purchase of foreign bonds from bankrupt countries. But fear kept most people silent from voicing their concerns and governmental impunity ensured that there were no independent investigations at all.

LARGER PROBLEM

Foreign Minister Karunanayake’s daughter has written about this disparity and double standard on Facebook. She asks why her father has been singled out when there is such a large government. Today there are many pots calling the kettle black. But the challenge posed by the daughter is valid. The larger picture needs to be taken into consideration. It would not be good governance to make her father the "fall man" as she has put it. The problem of corruption is both widespread and deep rooted and needs to be dealt with in a systematic manner. Together with the most recent allegations, the corruption of the period that came before also needs to be investigated. Or else the process of investigating corruption runs the risk of becoming corrupt.

One of the government’s biggest failures so far has been its unwillingness to deliver on its election promise to tackle corruption. This has caused much heartburn amongst the general population. This corruption comes in many forms. It comes in the form of the multi million rupee super luxury vehicles that are routinely imported for government ministers. It comes in the form of the growing percentage that is siphoned off contracts to give to political decisionmakers. This percentage was believed to be extraordinarily high during the period of the last government. It is now believed that a similar situation exists under the present government. A contractor who told me in late 2015 that a big change had taken place and ministers did not demand their commission had a different story to tell when I met him a year later. Not only that contractor but most of those who do business will confirm the reality of corruption, though they may not wish to go public as they themselves will be incriminated for being part of the deal.

It is important that the government, and the polity as a whole, should utilize the present moment when the general public is focused on the corruption issue to regain its credibility and show deference to public opinion. Both public opinion and the independent institutions that the government created through the 19th Amendment to the constitution are at work at the present time to force the government’s hand. The Attorney General’s Department is investigating the Central Bank bond issue with a vigour that is unusual. This demonstrates the value of the 19th Amendment and of having government leaders who respect the Rule of Law and do not seek to impose the Rule of Men upon those whose duty is specified in their institutional mandates.

AGREEMENT NEEDED

In tackling the problem of corruption a cue can be taken from the transitional justice process of dealing with the past and with the war time violations of human rights. The path that Sri Lanka is taking is one of restorative justice, where the emphasis is on healing of victims and of ensuring non-recurrence, rather than punitive justice where the emphasis is on meting out punishments. In addition, instead of an emphasis on the last phase of the war when the LTTE was defeated, the thinking seems to be that the period to be considered should include those that came before when the LTTE was on the ascendant. This would be like the fisherman throwing out his net and catching all the fish, and not using a fishing rod and catching just one or two big fish. All sides have done wrong in the past, and so the process needs to be inclusive and holistic if it is to obtain the people’s acceptance, as befits a democracy.

Shortly after the present government came to power in 2015, it launched investigations into a number of corruption scandals, and also heinous crimes such as the murder of Sri Lanka’s rugby captain Wasim Thajudeen. At the beginning the investigators made swift progress in obtaining the evidence necessary to prosecute those guilty of these crimes. But they now appear to be moving too slowly. This has led to the surmise that the investigations have been stalled on purpose for political reasons. One more than one occasion President Sirisena has lamented that the investigations into crimes committed by members of the former government are not being taken forward. The failure to take action against members of the former government who today lead the joint opposition weakens the president as it undermines his bid to gain full control over the SLFP.

At the celebrations in Parliament to mark the 40th anniversary of Prime Minister Ranil Wickremesinghe’s entry into parliamentary politics, the prime minister stressed the need to speed up the process of finding a political solution to the national question and the development of the economy. He said, "The two main factors we have to focus are on securing permanent peace and economic development and it is essential to speed up our effort to achieve these objectives," and added that the two main parties should work together for this purpose. President Sirisena and Prime Minister Wickremesinghe need to come up with an agreement to ensure that political rivalries, such as contesting the next elections as leaders of rival political parties, do not stand in their way when they tackle the issue of corruption also.

Plotting to breach the confidentiality of the Central Bank? Not a matter to be ignored

Why should someone plot to obtain information pertaining to the Central Bank? That is because such information has economic value and could be used by those who get the advance information for their own profit
Attempt at obtaining confidential Monetary Board papers

Tuesday, 8 August 2017

According to media reports, an SMS, alleged to have been retrieved from the iPhone of Arjun Aloysius and presented to the currently sitting Presidential Commission to Investigate and Inquire into the Issuance of Treasury Bonds, had spoken of an attempt at obtaining, through a Parliamentarian, a paper submitted to the Monetary Board.

Plotting to breach the confidentiality of the Central Bank.docx by Thavam Ratna on Scribd

The classic dilemma of the unrepentant ministers

Sunday, August 06, 2017

It is an exceedingly disconsolate reflection that key Cabinet Ministers of the unity alliance, the Ministers of Foreign Affairs and Justice for instance, appear to have a magic cloak around them, affording impunity for acts which should have, to put it bluntly, led to resignations by now.

A favorite chorus that members of this Government love to chant is that there is freedom to criticize now, unlike in dark and dangerous ‘Rajapaksa’ times. However, to what extent is freedom of speech of any value when despite its vigorous exercise and notwithstanding act upon ugly act of undermining the Rule of Law by Cabinet Ministers, no consequences seem to ensue?

 

Is crudity the measuring rod between then and now?

In contrast, what we had with the Rajapaksas was outright buffoonery and robbery of public funds of a particularly crude kind. But is crudity the measuring rod that we must employ in judging if this Government is better or worse than its predecessor in its ransacking of the public coffers?

 

Let us be quite clear. The destruction that was wreaked by the Rajapaksas was incalculable. It has been repeatedly said in these column spaces that the Rajapaksa ‘standard’ cannot be used in comparison as that belonged in a category of its own. Hopefully this country will never experience such extraordinary impunity ever again. It is also undisputed that where the judiciary is concerned, that level of interference is no longer the case. Judges are not now being besieged by phone calls by the then President downwards to lowly provincial councilors to rule in a particular manner. That must be conceded.

 

That said however, the performance of the Unity alliance is abysmal in other respects. And we return to the antics of its Ministers. It seems that the predominant thinking is that if all else fails, temporary trickery will suffice until the storm blows over and the attention of the fickle public is turned elsewhere. So even when there is some small reaction, this seems to be a cynical gameplay.

 

Scandal upon scandal follows

For instance, Law and Order Minister Tilak Marapana resigned in 2015 over an unseemly controversy regarding statements that he made in Parliament which amounted to a defence of Avant Garde, the controversial maritime security firm investigated for corruption. He had represented the firm before being appointed as Minister. At the time, Justice Minister Wijayadasa Rajapaksa had to also defend himself against similar allegations which he denied.

 

Though tempers died down to some extent after the resignation of the then Law and Order Minister, lo and behold, the recent Cabinet reshuffle sees him back again in a ministerial position, though somewhat lowly this time, namely the subject of Development Assignments, which had many scratching their heads wondering ‘what development?’ and ‘what assignments?’

 

And scandal upon scandal succeeds each other. This week, the Minister of Foreign Affairs did himself no favours by insisting that he ‘knew nothing’ of the payment of a colossal sum of money by a company owned by his family members to purchase a luxury apartment. The money had no source of origin nor was it accounted for. Moreover, the lease of that apartment had earlier been paid by Arjun Aloysius, son-in-law of the former Governor of the Central Bank Arjuna Mahendran.

 

A most ‘non-judicious’ Minister

On his own part, the Minister of Justice has been disgracefully cited on television talk shows by his own colleagues as a core reason as to why criminal trials and investigations into high level corruption are being dragged on. As details come to light of the number of pending cases against Rajapaksa politicians, quite apart from the files still languishing at the Department of the Attorney General, the failure of due process is staggering.

Meanwhile his role in trying to push through a highly controversial counter-terror law and amendments to the Criminal Procedure Code that safeguards the rights of police officers to engage in the unfettered interrogation of suspects is on record. He makes no bones of his contempt for ensuring the protection of ordinary civil liberties.

So while the law splutters and chokes and the Minister in charge of the portfolio of Justice appears to be behaving in a most ‘non-judicious’ way, we have a Presidential Commission of Inquiry before us, playing out an absorbing drama of what seems to be the biggest financial fraud in recent years and that too, involving the once premier and august institution, the Central Bank of Sri Lanka. Could there be a sadder reflection on the towering hopes and lofty expectations with which the people elected a new President and a new Government in 2015?

 

Will the law break down here again?

It is a further interesting reflection that after all the interminable (and useless) Commissions of Inquiry (COIs)that have been afflicted on the Sri Lankan people during the past so many decades, this seems to be one Commission which may actually expose the grotesque and great extent of high-level corruption in the country. In that regard, it is entertaining to see the contortions of the legal representatives of those under inquiry resorting to various legal strategies to block details of these acts coming to light.

Regardless, it is also relevant to note that a 2008 amendment to the COI Act (1948) conferred new powers upon the Attorney General to “institute criminal proceedings in a court of law in respect of any offence based on material collected in the course of an investigation or inquiry, as the case may be, by a Commission of Inquiry” appointed under the Act.

 

This is, of course, where the drama of a Commission of Inquiry always breaks down. When the time comes for the law to be activated against those named in Commission reports, nothing happens. In a study of eleven such Commissions of Inquiry since the 1870’s engaged in by this columnist, the gap between the findings of such inquiries and actual penal punishments was documented as startlingly wide. This is the case whether a Commission of Inquiry investigates gross murders and extra judicial executions or high-level corruption.

It remains to be seen if this disconcerting pattern will persist. Whatever it may be, a temporary ‘resignation’ of a Minister of two (even if that takes place) will not be enough to stem the tide of public anger that is rising. Much sterner action is warranted. Let that be a stern warning to this Government.

RK Drama – Only A Symptom

By Mohamed Harees –AUGUST 7, 2017

Lukman Harees

‘There is no more dangerous menace to civilization than a government of incompetent, corrupt, or vile men’ ~ Ludwig von Mises

Memory is essential for survival. The brain stores all kinds of memories, like the way to ride a bike, what happened yesterday and even the meaning of the word ‘memory’. But memories are fragile and when the brain is damaged by an accident or an illness, memories can disappear along with the ability to remember. However, Ravi Karunanayake’s recent memory loss is symptomatic of a special type of syndrome (The first victim being Duminda Silva) – ‘Mata Mathaka Nehe’ syndrome, which only afflicts corrupt criminalized politicians even today –Yahapalanaya withstanding. This comical circus will continue, as long as the corrupt system and political culture remaina and to expect it to vanish merely with the change of government is like expecting cure for the headache by changing the pillows. 

In January 2015, people  were gullible enough to believe that the political culture too will change radically once the name board changed to Yahapalanaya, in order to rid this country of corruption and racial hatred which became the bane in the Post War MR era. Of course there were positive developments. More than 2 years later, none can deny that there were few commendable measures taken such as more freedom of expression, RTI and some concrete steps to alleviate the suffering of the Northern people which earned international commendation. Even the Presidential Commission which is looking into the CB Bond scam would not have come about under MR rule. However, both MS and RW have been overall a sorry disappointment leaving the electorate wondering whether there will be any further democratic hope to usher in a corruption-free, hate free country, after losing yet another historic opportunity. Is democracy then failing in Sri Lanka ? What happened to transparency, to accountability which are the pillars of democracy ?

Abraham Lincoln’s definition of democracy remains the most intuitive essence of this form of government: government of the people, by the people, for the people. In many supposed democracies around the world, this has either completely changed, or is changing right before our eyes to the worse. And an increasingly disillusioned electorate seems to take a backseat approach in dealing with the offenders. Voter turn-out is the lowest it has been around the world in a generation. Voters have lost faith in politicians and are turning to demagogues like Donald Trump – and the things he represents. And who can blame them when we see what it has become? The less we trust our political elite, the more likely we are to take a gamble on one of Trump like demagogues. After all, can a fear-monger be any worse than the cronyism and lies democracy has become? 

Democracy was built on the power and needs of the people. It has since been sold out to money. And that, experts agree, is the biggest threat to it today. If the corruptive influence of money has left voter in the West disenchanted, it has been even more damaging in Africa and Asia, Sri Lanka included. Voters are no longer shocked by revelations of corruption. For a long time, oligarchs in the garb of democrats pretended to serve the interests of the people. But the veil of deception is lifting. People are starting to recognize that the dreams of collective prosperity promised by democracy are being turned into nightmares for the majority, and monumental wealth for the privileged ruling class and their allies. We should however not trust democracy without extremely powerful systems of accountability. Like in many so-called democracies today, in Sri Lanka too, that accountability – and the transparency that goes with it –  have gone missing.

It is said that a strong democracy is still the best anti-corruption tool. Unacceptable behaviour weakens social justice and fosters populism. Public vigilance is of utmost importance and should keep the government to account so that the government should step up the fight against corruption by promoting integrity and transparency in public life at all levels, in particular by adopting sound rules on the declaration of assets, income and financial and other interests, making such declarations easily accessible to the public and setting up independent supervisory bodies and regulating lobbying activities. The role of the media and also social media in denouncing corruption should be acknowledged, while ensuring that media regulation respects media freedom and responsibility. Besides , the Parliament should also develop a code of conduct covering guidance on the prevention of conflicts of interest, gifts and other advantages, while ensuring that parliamentary immunity does not protect members of parliament from criminal prosecution for corruption-related acts.

John Locke was, to English philosophy, the equivalent of Sir Isaac Newton in science. According to Locke, if a government created by society is not doing its job properly, that is, in the interest of those who created it, then it ought to be overthrown. There was nothing new in this idea. Since the Middle Ages and during the Reformation, kings and emperors had overthrown each other, claiming that their enemies on the throne were not governing justly.

Locke, however, went further by stating clearly exactly what a government’s role was. A government’s job, in Locke’s view, was to protect life, liberty and, above all, property. When it fails to protect these, it should be replaced. To prevent power being abused, Locke insisted that the legislative (Parliament), executive (king) and judiciary (courts) be independent of each other and constantly checking on each other. But it’s still not too late. To make sure this lack of trust in politicians does not translate into a complete lack of trust in democracy, we must now begin to focus on making transparency and accountability fundamental to our acceptance of a government as democratic.

Read More

Sri Lanka: Prime Minister is on the knife edge

40 more high profile politicos including Dayasiri incriminated in Aloysius case! President never told Ravi to resign 

(August 8, 2017, Colombo, Sri Lanka Guardian) According to information that has been revealed Prime Minister Ranil Wickremesinghe too would have to be summoned to the Presidential Commission of Inquiry into the Bond Issuance when data in the mobile phone of the Director of Perpetual Treasuries Arjun Aloysius, who is charged with illegal bond dealings in Central Bank, is investigated say reports.

According to relevant telephone records, there are several short messages that mention ‘Hon PM’, ‘Get a copy from PM’ and it is discussed that ‘PM’ refers to Prime Minister Ranil Wickremesinghe. 8000 pages of records have been investigated by the relevant authorities.

Also, Central Bank of Sri Lanka was under Mr. Ranil Wickremesinghe when the bond scam was committed and Arjun Mahendran, father-in-law of Arjun Aloysius was appointed the Governor of Central Bank by Mr. Wickremesinghe when cabinet opposed it.

However, the Commission has not decided whether to summon the PM to the Commission or not. If the Commission decides to do so, there would definitely be a political turmoil within the UNP and the government.

Ravi K and the political paralysis in Yahapalanaya

2017-08-08 

It is conventional wisdom that Minister Ravi Karunanayake should have resigned – or failing that be sacked -- after those earth shattering revelations that were made at the Presidential Commission of Inquiry (PCoI) into the bond scam. Instead, he has clung to his portfolio and foul-mouthed the Attorney General’s Department while his political superiors, when not blaming media for holding Karunanayake accountable, seem to be scratching their heads, rather than acting to salvage the government’s credibility.  

 Allegations levelled against Minister Karunanayake, which he has failed to answer convincingly, are not about some abstract high-flown ethical variety, like the ones that may require him to be judged on stricter grounds than the average folks since he is a politician. (There are countries where the ministers were forced to resign after being accused of paying for an expensive restaurant meal from the official credit card). But, that is not the case here. Minister Karunanayake’s case is clear-cut and simple. The evidence before the commission revealed that Arjun Aloysius, whose family owns the controversial bond trading company Perpetual Treasuries Ltd., had paid the monthly rental for the penthouse occupied by Minister Karunanayake and his family while he was the then Minister of Finance. During the same period, Perpetual Treasuries engaged in alleged dodgy bond transactions which resulted in the Treasury losing billions of rupees, according to a COPE report. A Presidential Commission of Inquiry has now revealed many incriminating details of Minister Karunanayake’s alleged collusion with Mr. Aloysius. The Foreign Minister Karunanayake’s answers to the commission were evasive at best and at worse were condescending. At one point, the commission asked him: “Do you seriously want us to believe that your family did not tell you there was no lease agreement?”  
Other evidence  have now been revealed and he was read text messages extracted from Mr Aloysius’ phone implying a conflict of interest. One such text from Mr. Aloysius’ Executive Secretary refers to a reminder requesting to obtain Monetary Board minutes from one hon MP RK.  

"Arjun Aloysius, whose family owns the controversial bond trading company, Perpetual Treasuries Ltd., had paid the monthly rental for the penthouse occupied by the then Finance Minister Karunanayake and his family"

The Attorney General’s Department has also revealed that Mr. Aloysius and Minister Karunanayake had both made 13 visits to Singapore on coinciding dates during the period, September 2016 to April 2017. Minister Karunanayake said he could not recall any meetings with Mr. Aloysious during these visits. (Remember the Duminda Silva’s syndrome of blissful forgetfulness)   
An undated letter produced to the Commission by former Central Bank Governor Arjuna Mahendran’s lawyers also came under scrutiny at the PCoI. Mr Karunanayake defended the omission of the date as an ‘oversight’ and remarked that the letter was sent in May 2016 at the request of Arjuna Mahendran to justify the discussion of a breakfast meeting on February 26, 2015. The letter implied that the funding requirements for Rs.75 billion was decided at the said meeting. However the Assistant Solicitor General who questioned Mr. Karunanayake suggested that the letter was created recently since when it was submitted to the PCoI was ‘crisp’.  

 The Prime Minister has vowed that the government would not protect thieves, but he wavered when insisting on a transparent and public investigation. He is procrastinating. Details that have emerged at the PCoI proceedings are scandalous enough for the government to act.  
“It is like in America. There are so many investigations against President Trump by the media, Congress and so on. Upon receipt of reports, wrongdoers step down. It is same in England,” The Prime Minister has said at a public event during the weekend. He is wrong. In those democracies, anyone who is faced with allegations of the magnitude of Minister Karunanayake would have resigned by now -- though Donald Trump’s America may be an aberration. In the not so distant past Prime Minister Wickremesinghe suspended, rightly so, Duminda Silva from the party after he was charged with an alleged rape. The case was later thrown out by the then compliant attorney general and Silva was adopted by the Rajapaksas and later found guilty of killing Baratha Lakshman Premachandra and several of his bodyguards.  

It is not indispensability of Karunanayake, rather it is his close association with Prime Minister Wickremesinghe that is holding the latter back. Yet the UNP is better off without Karunanayake is the emerging consensus among party stalwarts who had earlier approached the Prime Minister to urging him to act.   
However, despite all this vacillation and wavering by his political bosses, Minister Karunanayake is unlikely to survive. Mr Wickremesinghe would be forced to come out of his complacency or he could seriously damage the UNP’s electoral prospects. Nor can the President pass the buck to the UNP and emerge unscathed. Government ministers and MPs, both from the UNP and the SLFP, would be compelled to speak up when they realize that defending Karunanayake would come at a heavy cost. Some have already expressed the desirability of Mr Karunanayake stepping down.  

The real winner in this equation is the joint opposition, which has submitted a no-confidence motion against Minister Karunanayake. If motion is passed, it could claim credit and embarrass the government. But the bigger win would be the defeat of the motion, which would require the UNP to shepherd its parliamentarians to defend Minister Karunanayake. Such a gesture would come at an immense loss, not only to the integrity of the UNP MPs, but also to the entire political system in the country. That Opposition Leader R. Sampanthan and the TNA have kept mum throughout this fiasco would be of little or no help.   
This need not happen. Minister Karunanayake should resign. Circumstantial evidence revealed at the PCoI has seriously compromised his position. He would compromise both the government, and the country, if he chooses to stick to his portfolio and Yahapalanaya will never be the same again. It has already lost a great deal. Only way to redeem its loss of credibility would be to act now and it is all too clear what it needs to do in relation to Minister Karunanayake.  

One week later, I still know nothing

 Tuesday, 8 August 2017

I am writing this on the morning of the evening when the moon will be full. But I am not sure if the madness which follows has anything to do with lunacy. Since a week or so ago, I have begun to question everything I know… or thought I knew… especially the bits I am beginning to find it hard to remember.

In fact, as I grow older, there are things I can’t remember. I can’t remember people’s names; I can’t remember people’s faces; and – I can’t remember what the third thing is!

One week later, I still know nothing.docx by Thavam Ratna on Scribd

Ravi K and Limits to Lying

BY Kavindya Chris Thomas-2017-08-06

UNP strongman, former Finance Minister and incumbent Foreign Minister in the Good Governance Government, Ravi Karunanayake, provided his testimony before the Presidential Commission of Inquiry into the Treasury Bond issues last Wednesday (2). While it might have been an obvious strategic move, most definitely recommended by his high-calibre attorneys, Minister Ravi Karunanayake's testimony of complete ignorance caught many off guard, as the proverbial rug of 'Good Governance' was pulled out from under them.

 The former Finance Minister had been publicly accused - according to him due to the influence of the mass media and opposing parties that are hostile to him, which he of course, attempted to lament about during his testimony before the Commission - of being involved in the controversial 2015 Treasury Bond auction of the Central Bank alongside one particular primary dealer known as the Perpetual Treasuries of one Arjun Aloysius- also the son-in-law of the then Central Bank Governor Arjuna Mahendran. However, it was only since last January that did many startling new revelations surfaced regarding the matter during the hearing of the Presidential Commission.

And this week, the tension that was building up from January onwards reached the boiling point when the former Finance Minister (now Foreign Affairs) marked his presence before the Commission to testify.

His testimony was based on two things; one, is the controversial undated letter he had sent to the former Central Bank Governor regarding a certain meeting at the Central Bank and secondly regarding the luxury penthouse that was allegedly purchased for the Karunanayake family, by none other than PTL's Arjun Aloysius. Karunanayake's attorneys explicitly mentioned that even though the matter of the letter might be under the Commission's current mandate, Karunanayake will nonetheless be complying to provide his statement on the matter of the penthouse which has no direct relevance with the Commission's jurisdiction.

Tumultuous Start

Minister Karunanayake's testimony before the Commission did not go as smoothly as one would have expected. The first of many warnings came from the Commissioners during Karunanayake's attempted monologues for a question put forward by the Additional Solicitor General Dappula de Livera.
Karunanayake launched into a sermon about the judiciary being independent under the Good Governance system which he was a prime component of to ask questions from a "very powerful Cabinet Minister" to which the Commissioners Supreme Court Judges Kankanithanthri T. Chitrasiri and Prasanna Sujeewa Jayawardena responded by warning the minister to refrain from "making additional comments when he could easily answer the questions." The Minister had to be reminded that he was testifying before a Presidential Commission and was not at a "Political Forum".

"I knew nothing," claimed Foreign Affairs Minister Ravi Karunanayake, pleading complete ignorance regarding the lease and subsequent purchase of the luxury apartment at Monarch Residencies with funds from a company owned by Arjun Aloysius. His justification was that the leasing of the apartment under reference and its subsequent purchase through their family company – Global Transportation and Logistics Pvt. Ltd – "was of no relevance to me" adding that it was transacted by his family members.

This statement, obviously, prompted a salvo of questions from the Judges of the Commission and the Attorney General's Department. "There is a limit to lying at this Commission, Minister," ASG de Livera exclaimed upon listening to Karunanayake's statement. In agitated response, the minister snarled, "I take offence at that comment! I'm under oath; not you!" He added that his family members had contacted the Wijesuriya family with regard to renting out the said apartment and claimed that he has had no communication with the witness Anika V. Wijesuriya, who provided the evidence regarding the apartment to the Commission. He pleaded ignorance about the lease agreement, the deed of transfer and of any other documents pertaining to the final transaction of Rs. 165 million, adding that it was the first time he was seeing them, when he was presented with the evidence at the hearing. "Why should I? I had no need of it," he noted.

He testified that there was no reason to study these documents and claimed that he does not know whether his wife visited the apartment alone or with Aloysius, as it was testified before the Commission earlier. He also vehemently denied evidence presented to the Commission earlier that claimed it was Aloysius who had purchased the apartment for his family and claimed that the purchase was made with the funds of his family enterprise, Global Transportation and Logistics Pvt. Ltd. (GTL), which has assets amounting to almost Rs 4.5 billion.

However, he reiterated his denials when the Commission brought to his attention that evidence has been collected which establishes that the payments for the apartment were made by Perpetual Treasuries and that GTL has no records of such payments, saying that he had nothing to do with GTL business. He added that he was not aware of such matters since it was the family that had carried out the purchase after his complete removal from his companies after he obtained his ministerial portfolio back in January 2015.

When the Commission asked him whether, as a hypothetical question, he would have agreed to the purchasing of an apartment for him by an owner of a primary dealer company in the Treasury Bond market, attached to the Central Bank, the minister said he would not because it would not be appropriate for a Cabinet Minister to do so due to a conflict of interest. The minister also denied the evidence put forward by the Commission that claimed that the luxury apartment was an amalgamation of two apartments surmounting to 4,000 square feet.

However, according to the minister the apartment he had being residing in for the last nine months is a 'simple three bed roomed apartment' with only 1,900 square feet. His numerous invitations to come visit the apartment to the Commission's observations were met with SC Justice Jayawardena's cutting comment: "If you don't know the difference between 2,000 square feet and 4,000, I'm very glad you're not the country's Finance Minister now." However, the Commission took polite note of the contradiction the minister so emphatically pointed out.

The former Finance Minister was also questioned with regard to the apparent overseas visits he has gone on from June 2015 to April 2017, which had coincided with Aloysius' trips abroad. ASG de Livera brought information to the Commission's attention pertaining to 13 occasions where the travel plans of the minister and Arjun Aloysius to Singapore, have coincided. Some of which, it was stated, suggested that the minister and Aloysius have travelled in the same aircraft. That was also denied by the minister who claimed that he only met Aloysius on a few occasions. According to Karunanayake, he had only met Aloysius on several occasions during the 2016 Finance Asia events.

Bizarre Text Messages

Wednesday's Commission hearing also revealed the first time mention of references made to the 'PM' and 'RK' through the text message data recovered from Aloysius' mobile phone. The Commission heard that 8,600 pages of documents compiled of details that had been extracted from Aloysius' personal mobile phone. Among them were several that the Attorney General's Department said mentioned two people referred to variously as Hon. PM and RK' or 'PM or Hon. Ravi K'.

These references were in text messages received by Aloysius and discussed the obtaining of minutes of the Monetary Board. The Minister responded by denying knowledge of these text messages claiming that he did not know that RK was a reference made to him.

Among the mobile phone information presented to the Commission, which was only made available to the attorneys representing the Minister and Aloysius, were two text messages which referred to these individuals.

One such text message sent to Aloysius by his Executive Secretary Steve Samuel reminds Aloysius to obtain a copy of a certain Monetary Board meeting from 'PM or RK'. Meanwhile, another deleted message to Aloysius' phone claimed that approval is needed to start a certain gossip column to give 'massive support to PM and Hon. Ravi K'. The Minister denied awareness of these text messages.

One text message reveal of an ex- employee of the television channel Swarnavahini who has been recruited by a different radio station which has financial connections to Aloysius. The message warns that the individual has no qualifications apart from his GCE Ordinary Level examination was fired from the television channel due to his political connections. It goes on to say that it is not good for "you [Arjun Aloysius] PTL and Ravi K" as this individual might seek to expose information to the public.

Among the other text messages were some which suggested that Aloysius had funded the 'Sunday Leader' newspaper which had been copied to Minister Karunanayake and requests made to the Minister through Aloysius, to delay certain bank actions of the Bank of Ceylon as well. The Minister denied knowledge of all of these messages or their contents.

Case of the Undated Letter

Minister Karunanayake said that the undated letter, sent to the then Central Bank Governor Arjuna Mahendran was "completely an oversight." He said that he had not indicated the date and the reference due to an oversight. When Additional Solicitor General wanted to know the reason as to the origin of such a letter the Minister explained the situation he had as the Finance Minister in the beginning of the 2015.

He said that there was an unaccounted debt in balance and an outstanding repayment amounting Rs 100 billion, when they assumed duties as the new Government in 2015. Karunanayake said there was a meeting on 26 February 2015 with Malik Samarawickrama and Kabir Hashim over the fund requirement of Rs. 75 billion for road development projects. The meeting was held prior to the controversial bond auction that took place on 27 February 2015. When questioned he confirmed that there was no sudden need to raise money in February but the funds were required for the payments in Road Development Authority projects.

He added that Mahendran requested him to send a letter relating to what happened at the 26 February 2015 meeting between the three ministers and thereby he had sent the letter in May or June of 2016. This letter contained the idea that it was decided at the meeting on the fund requirement of the Government for Rs 75 billion.

The ASG cross examined the minister as to why there was no date or reference in the letter to which he responded saying it was an oversight. Then the ASG asked whether there was a copy or corresponding Ministry's file relating to the letter. The witness said he forwarded the letter in response to a request made by Mahendran. The ASG repeatedly questioned him as to why he had not mentioned the person who requested the letter.

The ASG was of the view that this letter was created very recently because when it was produced before the Commission, claiming the letter was apparently created anew and 'crisp.' However, the minister denied the ASG's stance and maintained what he said.

When the ASG was attempting to question further as to how the letter originated, the Commission said it was a waste of time because the witness has already made his stance before the Commission. However, there was a heated argument thereafter between the Commission and the ASG over the relevancy of further questioning on the matter.

Throughout his testimony, Minister Karunanayake maintained that his ignorance and lack of awareness on the past events. Apart from incomprehension of the matters surrounding the luxury penthouse, he also pleaded ignorance regarding the Treasury Bond auctions of the Central Bank that took place during his tenure. "I know nothing" has been his go-to safe word during previous occasions of scandals and it has certainly painted his picture now as well. However, the potential consequences of these mere words are yet to bare fruit.