Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, August 19, 2017

FCID officers drank whisky supplied by us - says Namal

FCID officers drank whisky supplied by us - says Namal
Aug 19, 2017

Namal Rajapakse says that he and his brother Yoshitha supplied 50 bottles of VAT 69 Whisky to FCID Investigating Officer Sub Inspector Lalith Shantha who is conspiring to have him remanded with false allegations, as a gift for the wedding of his daughter, which he and his brother are prepared to divulge to the media.

Namal says the 50 bottles of whisky was bought from a liquor shop in Kalutara for which he has a receipt, and was transported by a trishaw to Sub Inspector Lalith Shanta’s residence in Kalutara South. Namal further says that he has a video clip as proof showing Officers of the FCID enjoying the Whisky supplied by him and his brother at the wedding celebration which they will share with the media friendly to them. In the event of him being remanded again Namal says he would not hesitate to expose to the media the real characters of all officers of the FCID from top to bottom.    

A lesson in Law from PC of the Police to the PC of the Courts 

A lesson in Law from PC of the Police to the PC of the Courts

Aug 18, 2017

On the 16th of this month, as summoned by the CID, Yoshitha Rajapakse son of former President Mahinda Rajapakse accompanied by his President Counsel Jayantha Weerasinghe had come to the headquarters of the Criminal Investigation Department to record a statement. A person so summoned to the Criminal Investigation Department has the right to bring along a lawyer which the Police cannot obstruct.

The person assigned to record the statement of Yoshitha was a GCE Ordinary Level qualified Police Constable (PC) from the Criminal Investigation Department who has learnt law from the Police Department.
During the course of questioning Yoshitha, the learned President Counsel (PC) who had come along with Yoshitha has repeatedly interrupted the questioning by the Police Constable who being irritated has objected.However in order to impress his wide knowledge of law the President Counsel quoting an Indian Court decision has stated that at any level of investigation the lawyer of a suspect has the right do so. Replying in his ordinary knowledge of the law the Police Constable has replied that according to his knowledge the decision of the Indian Court cited by the President Counsel, if to be absorbed into our law has first to be passed by an Act in Parliament thereafter it has to be approved by the Executive and made enforceable through the Judiciary. As such no Court decision of another country becomes applicable to us. And that we are bound by the clauses of the Criminal Code of Justice and any addition to our existing laws should come from the Supreme Court. Subsequent to the splendid reply by the Police Constable the learned President Counsel had spent rest of his time in silence.
At the end of the questioning of Yoshitha Rajapakse the President Counsel has stated that he needed to read the statement signed by Yoshitha. When the Police Constable refused he has retorted ‘why cannot I do so? Madam Shiranthi signed her statement after I read and approved it”. The Constable has replied ‘Madam Shiranthi’s sinhala is poor which we were aware of, but Mr.Yoshitha’s sinhala is very good and that he had signed having gone through his statement over and over again, Yoshita very loudly had said so others could hear “no, no, my Sinhala is very good and what has been written is what I said”
Previous day when Mrs.Shiranthi Rajapakse accompanied by the same President Counsel Jayantha Weerasinghe had come to make a statement, the President Counsel had loudly said for others around to hear, ‘Madam,no sooner our next government comes to power the Police and the Judiaciary should be made independent, to the amusement of the Police Officers and Officials present being reminded of how Chief Justice Shiranee Bandaranayake was kicked out and family friend MohanPeiris made Chief Justice.
On another occasion during a questioning President Counsel Jayantha Weerasinghe has told the Inquiring Officer “I am a Senior President Counsel and I could bring along a Junior Counsel”. The Inquiring Officer has replied citing Clause 110(2) of the Criminal Procedure Code that it states only one Lawyer could be allowed, and does not specify a President Counsel and his Junior Counsel.

Police have power to arrest Namal: Court


Siranjani Kumari-Saturday, August 19, 2017

Alleged threat to FCID official:
Colombo Additional Magistrate Chandana Kalansuriya yesterday observed that Police have the power to arrest Parliamentarian Namal Rajapaksa over a cognisable offence, for allegedly threatening and reprimanding an official attached to the Police Financial Crimes Investigations Division (FCID) on August 15.
Filing a facts report in Court, the FCID sought an order to issue notice on Namal Rajapaksa to appear in Court for allegedly threatening and reprimanding FCID Sub Inspector Shantha Lalith who was an investigative officer concerning a misappropriation of Rs.70 million belonging to Krrish Company by Namal Rajapaksa.
In his complaint to the IGP, the Sub Inspector alleged that Namal Rajapaksa threatened and reprimanded stating “You big belly man has eaten the FCID, we are waiting till our government comes”.
The FCID had begun an inquiry regarding an incident following a complaint by Sub-Inspector to the Inspector General of Police.
The incident has happened when MP Namal Rajapaksa accompanied his brother Rohitha Rajapaksa to the FCID who arrived at the FCID to be questioned for launching a satellite, (Supreme SAT) in 2012 from the ‘Xi Chang’ launch centre in China.
The FCID filed a B report in court alleging that MP Namal Rajapaksa had committed punishable offences come under section 8 and 9 of Protection of Victims of Crime and Witnesses Act No. 4 of 2015. 

Bribery and corruption pervasive malaise in Sri Lanka

 
by Lakshman I. Keerthisinghe-2017-08-19

The great constitutional corrective in the hands of the people against usurpation of power, or corruption by their agents is the right of suffrage; and this when used with calmness and deliberation will prove strong enough.

-Andrew Jackson (American President)

Black's Law Dictionary defines 'Bribery' as "the offering, giving, receiving or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty". The UN Declaration against Corruption and Bribery in International Commercial Transactions defines 'Corruption' as "any offer, promise or giving of any advantage to another person as undue consideration for performing or refraining from the performance of that person's duty, or the soliciting or accepting of any advantage as undue consideration for performing or refraining from the performance of one's duty."

Corruption has been considered as an extension of bribery. Prof.A.D.V.de S. Indraratne a former President of the Sri Lanka Economists' Association (SLEA) speaking of Public Sector Corruption in Sri Lanka at the SLEA annual sessions in 2007 said, "Public officials and politicians fight shy of even mentioning it as a cause of our poverty, and even among us economists, only a very few has shown interest in the study of the nexus between corruption and inequity and poverty." Thus, eradication of bribery and corruption from society coupled with economic development would definitely pave the way to a prosperous Sri Lankan nation free of poverty and its attendant ill effects on society. At the outset it must be emphatically stated that without the requisite political will and resolve, bribery and corruption could never be eradicated from society.

The White Paper (August 2007) prepared for USAID-SRI LANKA titled 'Bribery and Corruption in Sri Lanka : Strengthening the Institutional Framework' states, "It is widely acknowledged that bribery and corruption are rampant in Sri Lankan society. The Parliamentary Committee on Public Accounts recently estimated that corruption in the public sector is costing the country approximately Rs100 billion every year. Yet the institutional mechanisms for dealing with bribery and corruption have failed to have any significant impact on reducing either practice. Some low level officials have been prosecuted over the years but very few of the 'big fish' have been brought to task."

CIABOC

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) was established by Act No. 19 of 1994 to provide the establishment of a permanent Commission to Investigate Allegations of Bribery or Corruption and to direct the institution of prosecutions for offences under the Bribery Act and the Declaration of Assets and Liabilities Law No. 1 of 1975.The first Commission commenced its activities from 15 December 1994.The Commission consists of three members, two of whom shall be retired Judges of the Supreme Court or of the Court of Appeal and one of whom shall be a person with wide experience relating to the investigation of crime and law enforcement.

The Commission which is active at the present time, has the power to summon persons to give evidence or produce relevant documents, to require a bank, Commissioner General of Inland Revenue, other government department, local authority or State corporation to produce documents relevant to its investigations to require any person accused of bribery and corruption to furnish an affidavit declaring his assets and liabilities and that of other members of the immediate family and require any person to make sworn statements regarding such person's assets and liabilities.
Section 7 of the Bribery Act as amended defines corruption as including all mala fide activities including nepotism, misconduct,misuse of information, induced omissions or commissions contrary to law. Gratification is defined in Section 90 as including anything of monetary value or convertible to monetary value, any office or contract, or any other form of protection. The Director General of the Commission is appointed by the President and answerable to him.

Declaration of assets

The other statutes used to combat bribery and corruption include the Declaration of Assets and Liabilities Acts No.1 of 1975, No 29 of 1985 and amending Act No.74 of 1988 which monitor the acquisition of wealth by public officers and politicians, Prevention of Money Laundering Act No.5 of 2006 and the Financial Transactions Reporting Act No.6 of 2006.The office of the Ombudsman and the Constitutional Council established by the 17th Amendment to the Constitution which was mandated to recommend the members to be appointed to the Elections Commission, Public Service Commission, National Police Commission, Human Rights Commission Bribery Commission, Finance Commission and Delimitation Commission tends to depoliticize such appointments which is beneficial to the elimination or reduction of bribery and corruption. The 19th Amendment restored many components of the 17th Amendment letting the Constitutional Council to set up the proposed Independent Commissions.

Sri Lanka is rated as one of the most corrupt nations in the world in spite of the many statutes promulgated to eliminate such corruption. In 2004 the VAT (Value Added Tax) scam uncovered by the Auditor General's Department resulted in the loss of Rs 441 billion to the Inland Revenue Department. Fraudsters obtained vat refunds by producing falsified documents with the assistance of corrupt public officials some of whom are imprisoned. By the registration of cars as trucks with the assistance of corrupt officials the Motor Traffic Department incurred heavy losses as indicated in its 2006 report. The Report of the Committee on Public Enterprises (COPE) exposed many other corrupt practices that have taken place in public enterprises, resulting in heavy losses in revenue.

Monetary Board

The failure to take action by the Monetary Board of the Central Bank of Sri Lanka (CBSL) against many bogus finance companies affected the economic stability of the country. The COPE found fault with the Board of Investment, Aviation Services Ltd., Sri Lanka Ports Authority, Samurdhi Authority, Ceylon Electricity Board and the Bank of Ceylon among other enterprises for engaging in corrupt practices and / or mismanagement.

Sri Lanka's corruption index (Transparency International) in relation to other countries in 2016 has risen to be ranked at 95 when compared with 2014 at 85 and 2015 at 83 in spite of the establishment of the Yahapalanaya or good governance regime. It is obvious that by the end of 2017 this rank would invariably be raised further. 'The Indian Express' reported on 9 December 2016 that President Maithripala Sirisena had stated, "Half of Sri Lanka's public procurement contracts are tainted by bribery and corruption," nearly two years after he came to power promising to tackle government graft. "I regret to say that organized bribery and corruption are still taking place in government institutions," the President told a public meeting of Police and anti-corruption activists in Colombo. "We say call tenders to prevent corruption, but in reality we know that the tender procedures are also corrupt. It happens in over 50 per cent of the time." In recent months the President has made several outspoken criticisms of the National Unity Government under Prime Minister Ranil Wickremesinghe, accusing top anti-corruption officials of launching politically motivated prosecutions. The recent resignation of Ravi Karunanayake, former Minister of Finance and later Minister of Foreign Affairs, appeared to be part of the growing crisis over the Central Bank Bond scam presently being investigated into by a Presidential Commission presided over by a panel which includes two very eminent Supreme Court Judges. It is very unfortunate that the genuine efforts of eminent prosecutors in the Attorney General's Department have come under unfair criticism by some affected persons.
In conclusion as Lord Alfred Milner (1854-1929) stated "If we believe a thing to be bad, and if we have a right to prevent it, it is our duty to try to prevent it and to damn the consequences" which should be noted by our leaders tasked with the governance of the country. A former President of India Abdul Kalam has stated, "If a country is to be corruption free and become a nation of beautiful minds, I strongly feel there are three key societal members who can make a difference. They are the father, the mother and the teacher.'

The writer is an Attorney-at-Law with LLB, LLM, MPhil (Colombo)

When political power is wielded by a small elite

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logoFriday, 18 August 2017

How did some nations, like a Japan, China, United Stated, become wealthy and powerful, while others remain stuck in poverty? And why do some of those powers, from ancient Rome to the modern Soviet Union, prosper for periods and then collapse? Politics makes the difference, say economists Daron Acemoglu of MIT and James Robinson of Harvard University in their new book, Why Nations Fail. Countries that have what they call “inclusive” political governments — those extending political and property rights as broadly as possible, while enforcing laws and providing some public infrastructure — experience the greatest growth over the long run. By contrast, Acemoglu and Robinson assert, countries with “extractive” political systems — in which power is wielded by a small elite and family — either fail to grow broadly or wither away after short bursts of economic expansion. Sri Lanka is tragic a case in point.

Politics

Many, many years ago, as primary students, we were taught that geography matters more than politics. Later, they argued the political system is the key component. Some countries at that time demonstrated that good geography could trump bad politics and the best politics required a top effort to offset bad geography. At the same time they argued that rich countries were in the north of the globe, and most poor countries were in the south, but, Australia and New Zealand are part of the Southern hemisphere, and both are doing fine. You couldn’t say this of Papua New Guinea, which is the Asian country closest to Australia and New Zealand. Later on, when we joined higher education, we were taught that it was not geography alone that causes wealth or poverty. A superficial view is to blame racial differences. Black Africa is the poorest and most disordered part of the world, and Haiti, with an almost entirely black population, is the poorest country of the Americas; but the coincidence is accidental. What makes some countries rich and others prone to poverty is not related to skin colour or racial factors. Many immigrants from poor nations do very well in the US and Canada, though one has to admit that both countries make immigration easy only for the best and the brightest of those who hail from Third World countries. It is also not the presence or lack of natural resources that makes a country rich or poor in the long run. Japan is a country with very limited natural resources, but has been the richest country in Asia for a long time.

Natural resources

03On the other hand, it is easy to predict that some Third World countries that currently are rich because of immense reserves of natural wealth while not being burdened with large populations will slide back when the natural resources are depleted. While a handful of countries thanks to great leadership managed to achieve economic prosperity that has helped them to escape the perils of poverty, while many other countries fail in this respect and continue to be trapped in poverty. Was it chance? Their people? Their products and services? Their markets? The growth experiences of countries from north to south as we all know is filled with success and a great deal of disasters, which has had huge implications for the living standards of ordinary people. Then countries with “extractive” political systems — in which power is wielded by a small elite — either fail to grow broadly or wither away after short bursts of economic expansion.

Drivers of prosperity

Economics has sometimes a narrow scope. It studies a nation’s prosperity through trade flows, monetary, fiscal, and budget policies. The analysis of companies is a bit broader. It encompasses strategy, structure, and finance but also less “rational” fields such as human resources, corporate culture or consumer behaviours. Competitiveness provides a broader basis for analysis. It looks at all the elements that can explain the success of a nation. Industries often thrive when they are forced to overcome high labour costs or lack natural resources. When their customers won’t accept inferior, outdated products, when their local competitors are “murderous”, and when government offers no protection from their competition and sets tough technical and regularity standards. For instance, the Italian shoe industry is prodded by sophisticated consumer demand that encourage entry by many new firms. Many of them, family-owned, compete very jealously. The shoemakers are compelled to spew out new models continuously and must keep improving to increase efficiency to stay competitive within Italy’s quirky, high cost infrastructure. When the home market got saturated, Italian manufacturers went overseas and achieved international success. According to Professor Porter, competitive advantage based on only one or two factors is unsustainable. South Korea’s construction industry grew rapidly during the mid ‘80s simply by applying low cost labour to projects that did not require sophisticated engineering. It lost out when other countries that had cheap labour jumped in. Resources based advantages too frequently suffer the same fate. Two additional variables, “chance” and “government” have a big impact. Chance is outside the control of industries; wars and embargoes can reshape industry structure in a country for or against it. A government can improve or retard competitive advantage. Vigorous enforcement of antitrust laws encourages competition and stimulates innovation. For an industry to flourish, domestic rivalry is nearly always necessary. It drives companies to move beyond whatever initial advantage that led to the founding of the industry and to develop their international potential.

Strong government

To maintain competitive advantage, the industry must normally broaden and upgrade from their original sources of success and take it to the next level. In the early stage of economic growth many believe that a country needs a strong government that can mobilise and direct resources that are important. Therefore, the success of poor countries according to them hinges critically on the quality of government leadership, i.e. its development-oriented leadership, its ability to promote good talent to head critical institutions and its approach for policy formulation with industry. China is a case in point. On the other hand India, even though it is poor in resources, is super rich in human talent and in technology. Knowledge is perhaps the most critical competitiveness factor. As countries move up, it is only knowledge that will ensure their prosperity and help them to compete in world markets. How that knowledge is acquired and managed is each nation’s responsibility and will determine a nation’s future prosperity.

(The writer is a thought leader)

Ravi, Wijeyadasa and Marapana Manifestation of Govt’s moral predicament 

  • Every possibility of Karunanayake reappointed as Minister in the near future

  • How long-one who has resigned-has to wait to be reappointed, unchallenged?

Marapana, Wijeyadasa and Ravi K


2017-08-18
Foreign Affairs Minister Ravi Karunanayake resigned from his Ministerial post on August 10 following pressure exerted by members of his own Government over his seeming connection to the Central Bank bond scam that was exposed during the proceedings of the Presidential Commission inquiring the said scam.  
He was replaced by Tilak Marapana, who also resigned as Law and Order Minister 21 months ago after being beleaguered by the members of his own Government over his alleged support to the suspects of an alleged major scandal involving bigwigs of the former Government and the Navy.   
Therefore there is every possibility of Karunanayake being reappointed as a Minister in the near future.   
The members of the Joint Opposition say that he would be reappointed in three months.  
Karunanayake’s resignation on the other hand has brought about a fresh wave of pressure on Justice Minister Wijeyadasa Rajapakshe over his alleged suppression of legal actions against the leaders of the former regime, especially the Mahinda Rajapaksa family. It is a fresh wave of pressure as he was subject to the same pressure by the same elements in his Government over the same allegation in 2015 as well.  
A group of Ministers and members of his own Government wanted his head this time through a no-confidence motion, but Prime Minister Ranil Wickremesinghe is said to have prevented them from proceeding with it.   
He is a hot topic in the media these days as he is being still criticised by the members of the Government and the civil society organisations that were in the forefront in bringing this Government into power for the delay in bringing the leaders of the former regime to book and his critical remarks against the Hambantota harbour agreement between the Government and a Chinese company.  
Wijeyadasa Rajapakshe’s adversaries seem to be on a strong footing. They are of the view that the investigations and the legal actions against the crimes, frauds and corruption committed by the leaders, members and the officials of the previous Government were moving at a snail’s pace while those against the leaders and members of this Government such as Ravi Karunanayake and Parliamentarian Hirunika Premachandra had been swift.  
Wijeyadasa was one of the three ministers of the Yahapalana Government, who had earned the wrath of the members of the same Government and the civil society organisations that called for their resignation.   
Marapana and Karunanayake had already resigned whereas Wijeyadasa is still adamant even while challenging the Government unlike the other two.  
Marapana and Wijeyadasa were accused in 2015 for defending the suspects of the famous Avant Garde case. Both Ministers who had professional or personal links with the heads of the maritime security company, displaying a conflict of interest argued that the company was not involved in any illegal activity and Wijeyadasa went to the extent of declaring that he would not allow former Defence Secretary Gothabaya Rajapaksa who is also a suspect of the case to be arrested.  
  • Minister Ravi Karunanayake resigned on August 10. He was replaced by Tilak Marapana who also resigned as Law and Order Minister 21 months ago   

  • Wijeyadasa was one of the three ministers of the Yahapalana Government, who had earned the wrath of the members of the same Government and the civil society organisations that called for their resignation.   

  • Marapana and Karunanayake had already resigned whereas Wijeyadasa is still adamant even while challenging the Government unlike the other two.  

  • Marapana and Wijeyadasa were accused in 2015 for defending the suspects of the famous Avant Garde case.   

  • Wijeyadasa was not prepared to follow suit despite him having defended the Avant Garde suspects and even having openly said that he would not allow the former Defence Secretary to be arrested   

Marapana resigned on November 9, 2015, soon after he was challenged by many in the Government as well as the civil society following one of his speeches in the Parliament defending the suspects of the Avant Garde case.   
Ravi hanged on to his post until he was reportedly advised by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to “create a new tradition in the Parliament” by resigning his post, in the wake of a no-confidence motion against him having been handed over to the Deputy Secretary General of the Parliament.  
Wijeyadasa was not prepared to follow suit despite him having defended the Avant Garde suspects and even having openly said that he would not allow the former Defence Secretary to be arrested and his connections with the Avant Garde Chairman Nissanka Senadhipathi having been pictorially proved by the then Democratic Party leader Field Marshal Sarath Fonseka.   
Apart from these allegations he has now been accused for the delay in the cases against the leaders of the previous regime and for criticizing a major development strategy of the Government. Then, at what stage of an issue a minister or an official should resign?  
How can one say that Ravi created a new tradition or culture by his resignation whereas Marapana did not?   

The former was compelled to step down following his controversial evidence before the bond commission that he did not know that Arjun Aloysius, one of the men accused of the bond scam had paid the lease for the penthouse he was occupying, until Mahindananda Aluthgamage told it in the Parliament some time ago. He said he wouldn’t have accepted the luxury house had he known that Aloysius had paid the lease.   
If he had resigned due to the guilty consciousness over his acceptance of the penthouse he should have done so when Aluthgamage told it, if in fact he was unaware of it till then.  
While boasting that he created a new culture Ravi is also posing questions in a tone “why only me?” which has apparently prompted many in the UNP to hunt for Wijeyadasa. On the other hand he was pressurised to resign for associating with Aloysius by members of his party who were themselves attempting earlier to cover up the bond scam and to defend Aloysius and others allegedly involved in the scam.  
In a legal point of view Marapana, Ravi and Wijeyadasa may be innocent, though there may be circumstantial evidence against them.   
The former had the right to defend the Avant Garde suspects until they are found guilty by a court of law.   
Ravi has a right to live in a house paid by a friend even if the latter is a criminal.  
Wijeyadasa despite his challenge that he would not allow Gothabaya Rajapaksa to be arrested says that law takes its course and he did not interfere with it which nobody has thus far factually contested.   
But in politics even the seeming conflict of interest and circumstantial evidence matter a lot.  

Marapana resigned taking the responsibility of his speech which defended Avant Garde suspects and now he has been appointed a minister again. Nobody, including those who wanted his head 21 months ago, did not oppose his new appointment.   
Does it mean that his moral culpability that forced him to resign has expired?   
If so, how long one who has resigned his ministerial post has to wait to be reappointed, unchallenged?   
Or did his moral culpability lie in holding only the portfolio he had held when he resigned? Ravi, more than others, might be interested in knowing the answers.  
Whatever the answers for these questions may be, the fact remains that Marapana resigned after being accused of defending corrupt people, but replaced another one who had also been accused of being associated with some other corrupt people. Resignation of a person from a post is deemed as a voluntary act of repentance. But what really happens on the ground is that people resign only when their misdeeds are exposed, while attempting to take moral high ground as well for their resignations.   
Politicians and high ranking officials are not normally sacked for their crimes or misdeeds but asked to resign, whereas the case with the low ranking officials is the other way around.  

Sri Lanka names first Tamil navy chief since 1970


article_image 

President Maithripala Sirisena shakes hands with the new Navy commander Rear Admiral Travis Sinniah in Colombo yesterday. AFP

by Amal Jayasinghe

President Maithripala Sirisena on Friday appointed an officer from the Tamil minority to head the navy for the first time since a separatist war erupted 45 years ago.

Rear Admiral Travis Sinniah is the first Tamil to head a wing of the military since 1970, even though Tamils make up around 15 percent of Sri Lanka’s population.

In 1972, the separatist Tamil Tigers took up arms and launched a bloody guerrilla war for a separate state for the ethnic minority that only ended in May 2009 when they were crushed in a no-holds barred military offensive.

"Rear Admiral Travis Sinniah, who has served Sri Lanka navy with immense loyalty for many decades, took office as the navy commander today," the president said on Twitter.

Sri Lanka’s separatist war claimed the lives of at least 100,000 people between 1972 and 2009, according to UN estimates.

The conflict discouraged the mainly Hindu Tamil community as well as Muslims — Sri Lanka’s second largest minority — from joining the armed forces and police.

Only a few of them remained across the military.

The Tamil Tigers had cited discrimination in jobs and education among the key reasons for their campaign for a separate state.

ASIA: Mr. Nilantha Ilangamuwa’s malicious campaign

August 18, 2017

Some of you would have received several emails from a blog named Sri Lanka Guardian, in the recent weeks. All these emails come from Mr. Nilantha Ilangamuwa, who lost recently his employment at the Asian Legal Resource Centre (ALRC). Ever since, Ilangamuwa has been sending these emails. At the beginning, he was trying to pressurise the ALRC to retain his job. When he failed, he has started making a series of false and imaginary allegations against his former employer.

The Board of Directors after having carefully studied this issue has advised that all these allegations amount to a series of criminal acts published by Ilangamuwa, and further that these statements are defamatory. The Board has advised to proceed to take legal action against Ilangamuwa and his collaborators.

Two complaints have been made with the Hong Kong Police on behalf of the AHRC, on the following possible criminal offenses committed by those who are engaged in publishing malicious materials against the AHRC. These offenses include: (1) access to computer with dishonest intent; (2) attempted fraud to cause the ALRC financial loss; (3) data destruction and theft. After the preliminary enquiry into the two complaints, the Hong Kong Police has informed us that the complaints are being investigated.

Once the police complaint was filed, one of the collaborators of Ilangamuwa wrote to the AHRC, apologising for what he has written. Meanwhile we have been informed, that Ilangamuwa having been informed about the police complaint against him and his collaborator, has fled from Hong Kong on 14 August 2017.

Ilangamuwa sought the assistance of the AHRC a few years ago, claiming that he is under threat from the then Sri Lankan government, because he was working as a journalist in Sri Lanka. As a matter of protection to a person who was alleging to be persecuted, the AHRC assisted Ilangamuwa for a considerable time.

Ilangamuwa’s recent emails are a retaliation against his loss of job, and is motivated purely by revenge for the loss of his job. Ilangamuwa writes as “editor, a special correspondent, informed source etc.”, and also in the name of various imaginary entities he has created. The purpose of assuming these multiple roles is to disclaim responsibility for what he writes, since Ilangamuwa is fully aware that all allegations that have been made are fabricated, false, and imaginary and that this amounts to commission of crimes.

We are also on receipt of the copies of communications that Ilangamuwa has sent to the donors where Ilangamuwa has made allegations with the view to deprive AHRC donor support. All these have been replied to.

We regret to inform you about all these matters. However, since such a malicious campaign can have adverse impact upon those who have no understanding about the actual situation we are issuing this statement. If you hear any further about the malicious campaign against the AHRC, you could always contact us for clarification.

Friday, August 18, 2017


Rasmea Odeh embraces Angela Davis at a farewell event attended by more than 1,200 people in Chicago on 12 August. (sarah-ji)

Ali Abunimah-17 August 2017
Rasmea Odeh stood in a US federal courtroom in Detroit packed with her supporters, law enforcement officials and journalists on Thursday and recounted her treatment at the hands of Israeli occupation forces decades ago.

Despite heavy rain Rasmea Odeh's supporters making noise outside court in Detroit. She'll be formally sentenced today. 

'F***in' coo coo': UAE envoy mocks Saudi leadership in leaked email


Yousef Otaiba ridicules Gulf ally in email exchange, betraying years of frustration at Riyadh old guard that coalesced into efforts to change it

Yousef Otaiba has pushed Mohammed bin Salman as future of Saudi Arabia (screengrab)-Mohammed bin Salman with military chiefs. Otaiba described him as a force for 'genuine change' (AFP)
Abdullah's demise sparked a battle for power inside the royal court (AFP)-Trump's first visit abroad as president culminated in this image in Saudi Arabia (screengrab)

David Hearst-Clayton Swisher-Saturday 19 August 2017

David Hearst's pictureThe UAE's ambassador to Washington described Saudi Arabia's leadership as "f***in' coo coo!" in one of a series of leaked emails that suggests years of Emirati frustration with Riyadh's old regime had coalesced into a strategy to support the rise of young Mohammed bin Salman.

Venezuela's constituent assembly assumes power to legislate


Brian Ellsworth and Corina Pons-AUGUST 18, 2017

CARACAS (Reuters) - Venezuela's new legislative superbody on Friday gave itself the power to pass laws, superseding the opposition-led congress and fuelling criticism by government adversaries that socialist President Nicolas Maduro is consolidating a dictatorship.

In practice, the move does little to change the existing situation. The Socialist-dominated Supreme Court has stripped power from the congress and shot down nearly every law it has approved since it was taken over by the opposition in 2016.

But the decision suggests the constituent assembly, elected in July in a vote boycotted by the opposition, is more interested in limiting the opposition's influence than carrying out its official task of rewriting the nation's constitution.

Delcy Rodriguez, a Maduro ally and president of the constituent assembly, insisted the move did not imply a dissolution of the congress.

"Those lazy bums have to work. What we are doing is telling them: 'Gentlemen, we are not going to let you take a holiday'," Rodriguez said in a reference to opposition legislators.

South American trade bloc Mercosur condemned the assembly for usurping congress's responsibilities, according to a statement released by Brazil's Foreign Ministry.

Mercosur founding members Brazil, Argentina, Uruguay and Paraguay will not recognise any measures taken by the assembly, the statement said.

The assembly had invited leaders of the existing congress to join the session. Congressional leaders did not attend, insisting it was fraudulently created and usurped their powers.

"(Congress) only obeys the constitution and the people. We do not recognise the constituent assembly, much less subordinate ourselves to it," Freddy Guevara, an opposition politician and vice president of the congress, wrote on Twitter.

Maduro pushed for the creation of the constituent assembly on promises it would bring peace to the country after months of violent street protests that have killed more than 125 people.

Critics say the assembly was created to extend the rule of the Socialists, who face anger across the country over chronic food shortages, triple-digit inflation and a severe recession.

Protests have slowed since the July 30 election, partly because opposition leaders are in talks to present candidates for the gubernatorial elections expected in October. Many opposition supporters are also tired and demoralized.

Governments around the world have slammed the creation of the constituent assembly, with many accusing Maduro of seeking to ignore the will of Venezuelans who want a change of government.

The United States has slapped sanctions on top Socialist Party officials, accusing them, among other things, of weakening democracy and violating human rights. Washington has said it will consider sanctions against anyone who participates in the constituent assembly.


Additional reporting by Andreina Aponte and Hugh Bronstein in Caracas, Lisandra Paraguassu in Brasilia; Editing by Paul Simao and James Dalgleish

Stephen Hawking blames Tory politicians for damaging NHS

Exclusive: Physicist criticises ministers over funding cuts, privatisation and pay caps before address revealing his reliance on health service

 Stephen Hawking said the crisis in the NHS has been caused by political decisions. Photograph: Dave J Hogan/Getty Images

 Health policy editor-Saturday 19 August 2017

Stephen Hawking has accused ministers of damaging the NHS, blaming the Conservatives in a passionate and sustained attack for slashing funding, weakening the health service though privatisation, demoralising staff by curbing pay and cutting social care support.

The renowned 75-year-old physicist was speaking to promote an address he will give on Saturday outlining how he owes his long life and achievements to the NHScare he received, and setting out his fears for a service he believes is being turned into “a US-style insurance system”.

The author of A Brief History of Time did not name any minister or political party in his general complaint, but he blamed a raft of policies pursued since 2010 by the coalition and then the Conservatives for enfeebling the NHS and leaving it unable to cope with the demands being placed on it.

“The crisis in the NHS has been caused by political decisions,” he said. “The political decisions include underfunding and cuts, privatising services, the public sector pay cap, the new contract imposed on the junior doctors and removal of the student nurses’ bursary.

“Failures in the system of privatised social care for disabled and elderly people has also placed additional burden on the NHS.”

Hawking was diagnosed with motor neurone disease at the age of 21, a story told in the film The Theory of Everything, and has increasingly relied on the NHS as his condition has deteriorated.


Felicity Jones and Eddie Redmayne star in The Theory of Everything. Photograph: Working Title Films/Allstar

His speech at the Royal Society of Medicine will single out Jeremy Hunt, the health secretary, who claimed that 11,000 patients a year died because of understaffing of hospitals at weekends. Hawking will say that four of the eight studies cited by Hunt were not peer reviewed and that he ignored 13 papers which contradicted his statements.

“Speaking as a scientist, cherry picking evidence is unacceptable,” he will say. “When public figures abuse scientific argument, citing some studies but suppressing others, to justify policies that they want to implement for other reasons, it debases scientific culture.

“One consequence of this sort of behaviour is that it leads ordinary people not to trust science, at a time when scientific research and progress are more important than ever, given the challenges we face as a human race.”

Criticising NHS privatisation, Hawking will say that the £2.9bn spent every year by hospitals in England on temporary personnel to alleviate chronic understaffing has enriched private employment firms while denying the NHS vital funding.

“The huge increase in the use of private agency staff, for example, inevitably means that money is extracted from the system as profit for the agency, and increases costs for the whole country.”
Hawking will says he fears that private firms have gained such a large role in treating NHS patients they are now undermining its founding principles and opening the door to the Americanisation of care.
“We must prevent the establishment of a two-tier service, with the best medicine for the wealthy and an inferior service for the rest. International comparisons indicate that the most efficient way to provide good healthcare is for services to be publicly funded and publicly run.

“We see that the direction in the UK is towards a US-style insurance system, run by the private companies, and that is because the balance of power right now is with the private companies.”
Politicians need to defend the NHS and the public be encouraged to take a stand, he will say.


There have been a number of protests over cuts to the NHS in recent years. Photograph: Victoria Jones/PA

He rejects claims that the spiralling costs of treating an ageing and growing population, coupled with tight government finances, mean the NHS, which will receive £149.2bn of public funding across the UK this year, has become too expensive to continue in its present form. That idea has sparked inquiries by select committees of both houses of parliament, thinktanks and medical bodies.

“When politicians and private healthcare industry lobbyists claim that we cannot afford the NHS, this is the exact inversion of the truth. We cannot afford not to have the NHS”, he will declare.

Hawking, who is acclaimed for his work on black holes in space, works at Cambridge University as director of research at the centre for theoretical cosmology.

He will recount how staff at Addenbrooke’s hospital in Cambridge saved his life in 1985 when, suffering from pneumonia related to problems with his larynx, he was airlifted there from Switzerland where doctors had said they could not save him and that his ventilator should be turned off.

He will also tell of undergoing a risky but ultimately life-saving procedure to remove his larynx in 1999, under the surgeon David Howard at a London specialist hospital. “I have had a lot of experience of the NHS, and the care I received has enabled me to live my life as I want and to contribute to major advances in our understanding of the universe.”

Prof Sir Simon Wessely, the RSM’s president, said: “Prof Stephen Hawking’s reputation goes before him, so when a man of his extraordinary intellect but also with his equally extraordinary experience of illness, talks about the NHS and its values, we must all pay close attention.”

Responding to Hawking’s criticisms on variation in care across the week, Hunt tweeted on Friday night:


The government defended its record on the NHS and pointed to the Commonwealth Fund thinktank’s recent verdict that the service is the best out of 11 rich countries’ health systems. “This government is fully committed to a world-class NHS free at the point of use, now and in the future. That’s why we’re backing it with an extra £8bn of investment over the next five years,” a Department of Health spokeswoman said.


“Today, there are almost 11,800 more doctors and over 12,500 more nurses on our wards than there were in 2010 and the NHS is seeing 1,800 more A&E patients within the four-hour standard every single day. Despite being busy, the NHS has been ranked as the best, safest and most affordable healthcare system out of 11 wealthy nations, as analysed by the Commonwealth Fund.”