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, September 9, 2017

Paper generals playing party games


logoFriday, 8 September 2017 

TO THE VICTOR THE SPOILS: While the vanquished in war languish on the margins of society, the triumphant dominate town hall and headlines with their pitched battles against political opponents. A once-jailed general unceremoniously stripped of war hero status – but who had his rank, medals, and commission more than restored by the sitting president – seeks to indict and testify against a former subordinate on war-crimes charges – allegations of which he, too, once faced; but escaped unscathed because his government would not admit to UN prerogatives over Sri Lankan sovereignty. In another volte face, a commander-in-chief – himself the survivor of a terrorist attack, and who went as far as to accommodate that former military chieftain from a potentially rival political party in his own cabinet – now defends the other ‘war hero’ on the verge of indictment, who seems to be an influential cabinet minister’s target. These shenanigans in the corridors of power showcase the conflicts that embattle a post-war state struggling to transform into a post-conflict milieu, but which remains beleaguered by our martial past. Which begs the question: in a state of play where today’s cabinet colleagues are tomorrow’s campaign-trail opponents, who safeguards civilian interests on a political battlefield where there are no permanent friends – or even perceived enemies? 

I never thought the day would dawn when I could agree with Wimal Weerawansa. Which might explain the heavy rain these days? He says he can’t understand Sarath Fonseka’s stand on war heroes. I can’t, either! Even though I am sure the formidable ex-general promoted field marshal and now ensconced securely in cabinet must have a decent rationale.

Perhaps his raison d’etre goes something like this. ‘I was part of a troika that won an unwinnable war. But my military battles were hardly over when political warfare broke out. Since my prison term I’ve come to realise that in love as much as war there are no permanent friends. However now that I’m back in the places of power again let me use my expertise in the martial field to fight personal, professional, and political battles. Therefore settling old scores is par for the course.’

But don’t take me for granted as much as you do our not-quite-retired war heroes. It takes a little effort to encompass the workings of the military mind… After all, we won the war – with zero civilian casualties – and the top brass has its reasons of which reason knows nothing.

Wimal, however, like your favourite columnist, is hard to please – or placate. Like me, he is full of questions. Who won the war, one man or a triad of leaders? Who’s guilty of the alleged war crimes, an unholy trinity or some poor scapegoat? Why are generals so keen to cover themselves in glory but not be accountable for battles lost against civilian targets? Who’s next on the Government’s “chief executioner’s” hit list? Where is Mahinda Rajapaksa when you really need him to spin another story to save face?

Of course, I paraphrase. And the answer, my friend, is blowing in the wind. Even if WW would probably understand a pacific poet like Bob Dylan less than a military mind like, well, the Chagis and Shavendras he’s so keen to protect from the calumny of a turncoat government.

Form order questions

My own concerns are rather narrower. Who lost the war, one side or a whole generation of Sri Lankans? While war crimes are still a political hot potato, have the so-called survivors forgotten the dead, the walking dead: the war wounded, the still-marginalised at the periphery of other nameless Menik Farms of the mind?

Will a government committed to transitional justice (there’s a phrase we hear less of these days…) guarantee justice even if it means that they themselves transition from government to opposition? Who will ensure a hearing – a healing – for the war widows and orphans who still squat on the periphery of our evidently rapidly-evolving nation like some singularly unwelcome skeletons at the increasingly spectacular feast of GDP: Growth, Development, Progress? Is it still pertinent to ask our field marshals cum cabinet ministers and subject ministers cum marshals of peace with justice the tougher questions of good governance?

COURT MARTIAL QUIZ

A.Essays.

1.After seven years of the absence of conflict, why do we still not have a peace with justice for all? Explore with reference to party politics, personal grandstanding by petty politicos strutting and fretting their hour upon the stage, and presidential ambitions.

B.Short Answers.

1. Who won the war? (Be considerate.)

2. Who will win the next great battle between paper generals? (Be careful.)

C.MCQ.

1.Would the real winners of the war please stand up?

a. None.

b. No one.

c. Zip. Zilch. Nada.

d. All of the above.

2.Could the court of public opinion consider any of the following to be war criminals?

e. Western interests that fuelled hostilities.

f. Friendly neighbours who meddled in internal affairs.

g. Local cabals that benefited from wartime businesses/war-profiteering.

h. All of the above.

3.Should those with the national interests at heart over narrow partisan concerns in mind ask those who know about these to speak up or shut up?

i. Who brutally assaulted Keith Noyahr?

j. Who assassinated D. Sivaram alias Taraki?

k.Who made Prageeth Ekneligoda disappear for good?

l.Who killed Lasantha Wickrematunge in cold blood?

Now don’t get me wrong.

I am grateful to Sarath Fonseka and the Security Forces for delivering from us evil. Thine is the kingdom, the power and the glory. But lead us not into temptation now, sir. There are more pressing issues for us as a post-war polity to engage with. Rather than have our attention diverted from the goal of transforming ourselves into a post-conflict nation.

Settling old personal scores in private while preening their feathers in public is best left to politicos. Seasoned campaigner though he is, SF seems to have got it backwards by settling old personal scores in public while feathering his own nest in private – if Wimal Weerawansa is to be believed.

If I am least moved by WW’s cannonade that the former army commander has committed a sort of lèse majesté against the Security Forces, I am less impressed by SF’s commander-in-chief. Where once Maithripala Sirisena granted the gaoled army chief a general pardon within hours of assuming office, he is now rushing to defend another former army commander – who, perhaps, as a member of the diplomatic community, needs no rushing-to-defend.

But sitting presidents who promised to be one-term-men are no less immune to the charms of being chief executive than their predecessors. The president has been categorical on two scores. That he has not declared his candidacy for the next presidential election. And that he will defend Jagath Jayasuriya and all other war heroes against those (including presumably, SF) who seek to malign and destroy their reputations and rest-in-peace.

This is the next war. And the first shot across the enemy’s bows has been fired. There will be more petty battles between the ostensible contenders. In the limit, we trust the more civic-minded segments of government to ensure that we civilians don’t get caught in the crossfire – again.

There has been enough collateral damage in the war between paper-generals playing party-political games to last us a generation.


(A senior journalist, the writer was once Chief Sub of The Sunday Leader, 1994-8, and is ex- LMD: Editor, 2004-8. He has made a career out of asking questions and not waiting for answers.)

Alleged war crimes and Command Responsibility

by Lakshman I. Keerthisinghe-2017-09-09

As for the ways by which rulers over others may become implicated in their crimes, there are two ...tolerance and protection...we must hold that a person who knows of a crime and is able and bound to forbid it and does not do so, himself commits a crime ... the people or the king are not rigidly bound to surrender the offender, but they must either surrender or punish him.

– GROTIUS (1652) as quoted in Cherif Bassouni -International Criminal Law (3rd Edition 2008)
Recently media reported that Human Rights groups led by the International Truth and Justice Project (ITJP), in South America have filed lawsuits in Brazil and Colombia against Sri Lanka's former Ambassador in Latin America including Brazil, Colombia, Peru, Chile, Argentina and Suriname General Jagath Jayasuriya, accusing him of war crimes. Carlos Castresana Fernandez, the lawyer who is coordinating the effort, said petitions will be filed in Argentina, Chile and Peru in the coming days, adding that authorities in Suriname had refused to accept the petition. Obviously the lawyer has been retained by the diaspora with their unlimited funds.

The suits say Jayasuriya was the Commander of the Vanni Security Force from 2007 to 2009. According to the suits, Jayasuriya oversaw an offensive from Joseph Camp in the northern town of Vavuniya. The ITJP said it interviewed 14 people who survived the torture or sexual violence at the camp. "There is no way General Jayasuriya can claim not to have known that torture routinely occurred in his camp; there were purpose built underground torture chambers, equipped with manacles, chains and pulleys for hoisting victims upside down. If the detainees could hear each other screaming at night from adjacent buildings, so could he," ITJP's Executive Director Yasmin Sooka said.

As all these allegations are hearsay they remain to be proved beyond reasonable doubt under International Criminal Law. It must be noted that in July 2010, Sooka was appointed to the three-member panel of experts advising the UN Secretary General on accountability for war crimes committed during the final stages of the war in Sri Lanka. The Darusman report was published in May 2011. Suspicion surrounds this report as there is a belief that the experts were misled by the Tamil Diaspora who were hell bent to take revenge of the armed forces for defeating the LTTE and fabrication of false evidence using former LTTE cadres now domiciled abroad cannot be ruled out.

Information of crimes

In the meantime media reported that Minister Field Marshal Sarath Fonseka said, "I received complaints that Jayasuriya was engaged in crimes as Vanni Commander with regard to those who were arrested. He continued the same strategy even after he was promoted as Army Commander. I have information regarding those who committed the crimes. I am ready to explain the crimes committed in detail if proper legal action is instituted." Meanwhile Sri Lanka Army spokesman Brigadier Roshan Seneviratne has defended General Jayasuriya saying the allegations were baseless. Of course Sarath Fonseka has an axe to grind with Jayasuriya for assisting in Fonseka's arrest during the previous regime.

In the above backdrop, this article attempts to analyze the Doctrine of Command Responsibility as applicable to the above statements. The origins of Command Responsibility date back centuries. In the 6th century B.C., Sun Tzu in his Ping Fa – "The Art of War" wrote about the duty of army commanders to ensure that their subordinates conducted themselves in a civilized manner in armed conflict (Wikepedia).

The Additional Protocol I ('API') of 1977 to the Geneva Convention of 1949 was the first international treaty to comprehensively codify the doctrine of Command Responsibility. Article 86(2) states the fact that a breach of the Convention of the Protocol was committed by a subordinate does not absolve his superiors from responsibility if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or about to commit such a breach and "if they did not take all feasible measures within their power to prevent or repress the breach." Thus Field Marshal Sarath Fonseka who claims to have received complaints that Jayasuriya was committing such breaches, but failed to take prompt action to prevent or repress such breaches himself becomes culpable.

Codified

The doctrine of Command Responsibility has recently been codified in Article 28 of the Rome Statute of the International Criminal Court (ICC). Article 28(a) imposes individual responsibility on military commanders for crime committed by forces under their effective command and control if they either knew or owing to the circumstances at the time, "should have known" that the forces were committing or about to commit such crimes. Thus, literally interpreted Article 28(a) of the Rome Statute imposes a stricter standard of knowledge than Article 86(2) of the Additional Protocol I ('API') of 1977 to the Geneva Convention.

Sri Lanka is not a State party that has ratified or acceded to the Rome Statute. Therefore the International Criminal Court has no jurisdiction over the territory of Sri Lanka. Article 12(1), under "Precondition to the exercise of jurisdiction" states: "A State which becomes a party to this Statute thereby accepts the jurisdiction of the Court with respect to crimes referred to in Article 5". Article 5.1 of the Rome Statute grants jurisdiction to investigate (a) crimes of genocide, (b) crimes against humanity, (c) war crimes and (d) crime of aggression.

During the previous regime a law suit based on Command Responsibility was filed in the United States District Court of Columbia under the Torture Victims Protection Act and attempts were made to serve summons on former President Mahinda Rajapaksa. Under the Foreign Sovereigns Immunity Act of the United States, it was not possible that a foreign Head of State could be issued with summons by a US Court.

The then Secretary to the Ministry of Justice had quite properly refused to receive such summons as this act is a direct violation of the sovereignty of our country.

It is to be noted that under International Humanitarian Law, international lawsuits across jurisdictions are complicated.

International lawsuits

Spain's Carlos Castresana Fernandez, the lawyer who has coordinated efforts against Jagath Jayasuriya, is one of the lawyers who worked on cases against Chilean General Augusto Pinochet and Argentine General Jorge Rafael Videla. Gen Pinochet spent 18 months under arrest in London fighting extradition to Spain. Yasmin Sooka says Jagath Jayasuriya will have diplomatic immunity for as long as he's an ambassador. "We've heard he held on to the ambassadorial post and that he will probably resign when he reaches Colombo - immunity will cease once he steps down from the post – But what's wonderful is the Latin American countries can actually file an arrest warrant, they can put him on an Interpol red list and ask for his extradition – and really he will become a prisoner on the island of Sri Lanka." This statement is erroneous as Foreign Courts have no jurisdiction to prosecute a national of another sovereign State for alleged offences committed in his native land unless such offences involve nationals of such countries in which the law suits are filed. Even if such an arrest warrant is filed the Sri Lankan Government is not obliged to assist in the execution of such warrants issued without proper jurisdiction.

It was also reported that addressing the troops at the Colours Awarding Ceremony of Sri Lanka Army held at the Army Headquarters in Panagoda, President Maithripala Sirisena said the government is bound to protect the dignity and pride of the defence sector including our tri-forces while confronting the alleged human rights violations purported to have happened during the last phase of the war adding that he would never let the security sector including tri-forces to be weakened in any way.
In conclusion, as foreign courts or even the ICC without UNGA intervention has no jurisdiction to hear cases against Sri Lankan forces that saved the nation from the clutches of the brutal LTTE. The government is obliged to defend and protect the war heroes from the sinister machinations of the Tamil Diaspora.


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

Delusions on Alcohol

 2017-09-09 
It seems that as a nation we are losing track of what a government should do. We need to ask the simple question, “What are the prime responsibilities of a government?” Improving the quality of life of those in need and reducing financial and other forms of poverty come to mind. So is preventing its people becoming ill and dying prematurely, protecting vulnerable women and children from abuse and violence. Ensuring physical protection, especially on roads and other public places and protecting its citizens from vested interests of the corporate world should also be in such a list.   

How a government handles the production, sale and use of alcohol is a reflection of its attention given to these issues. Sri Lankans should therefore take serious note of government policies on alcohol. With the budget approaching, vested corporate interests of all hues would be working round the clock to ensure that their profit is maximized, regardless of whether it damages the government coffers, people’s pockets, or the quality of life.   

There are several hackneyed themes on alcohol that surface during this period, almost every year. These are that illegal alcohol use is high, and therefore, the prices of the legal products should be reduced and the prices of so-called “softer” alcohol should be reduced to wean people from “stronger” alcohol.   

What is conveniently forgotten is that alcohol use is a minority habit in this country. Government statistics and publications from the World Health Organization shows this. For example, a WHO / Ministry of Health Study published last year showed that around 35% males and a small proportion of adult females used alcohol, which means that more than 75% of the adult population do not use legal or illegal alcohol in Sri Lanka. This statistic may not be believed by those who are deceived by the continual propaganda of the alcohol industry. Previous studies too show similar results. Include the children, and the non-alcohol using population becomes much larger. Delusions and politics may go hand in hand but this is one delusion politicians can come out of, just by looking around.   

Illegal alcohol, as for all other illegal activities should be dealt with through the strict enforcement of the law. It is hilarious that anyone expects people to believe that illegal activities can be reduced by price competition. Besides, how many beer users will switch to illicit alcohol if the beer price is high? There is also no basis for the statistics disgorged on illicit alcohol.   

A landmark study undertaken by the National Authority on Tobacco and Alcohol, Sri Lanka Medical Association and the World Health organization established that the economic costs of alcohol in Sri Lanka amounted to more than Rs.140 billion in 2015. This is for a single year. This cost keeps occurring year after year. To put things in perspective, the Southern Highway cost around Rs.100 billion at exchange rates prevalent in 2015. How many more highways could we have built?   

Although comprehensive in its nature, this study did not take into account the psycho-social costs of alcohol use. Can one put an economic cost of the uncomprehending horror of an abused child, unfathomable sorrow of a mother whose child is killed by an alcohol associated accident, the dark, dank frightening world of a father suffering from alcohol induced depression, or the overbearing sense of loss of a child who has lost his or her father due to an alcohol related suicide?   

So, in a country where less than 25% of all adults consume alcohol, what should the priorities be? First, protecting those not consuming alcohol. This entails protecting them from policies and forces that compel or attract them to start consuming alcohol, and protecting them from harms from alcohol consumed by others. The second priority should be providing the necessary support for those consuming alcohol to by reduce and give up. Both these objectives cannot be met reducing the prices of any type of alcohol.   

Sri Lanka has one of the most practical and scientifically sound alcohol policies in the world. It was approved in 2015, by the current Cabinet of Ministers. It takes into account the factors we have discussed. Blindly implementing polices of countries where the vast majority of the adult population consume alcohol will not help this country. 

SriLankan Airlines: Obese Cabin Crew To Crash Land – New Directive Issued By CAA Boss











H.M.C. Nimalsiri, the Director General & Chief Executive Officer of Civil Aviation Authority of Sri Lanka has issued a directive termed ‘Medical Requirements and Examinations for Cabin Crew Members’ that is likely to see many currently obese Flight Attendants of SriLankan Airlines either been removed from flying duties or terminated.
One of the objectives of the issued directive to the national carrier SriLankan Airlines dated 15th of August 2017, is to ensure that each Cabin Crew remains medically fit to discharge the duties specified in the job description of the Cabin Crew Member and other internal and regulatory manuals which governs their profession.
The directive also emphasizes that the physical and mental ability of a Cabin Crew Member is essential in order to:
(a) Handle and efficiently operate the aircraft systems and emergency equipment in the cabin which are used for safety and emergency procedures e.g. cabin management systems, doors/exits, escape devices, fire extinguishers, taking also into account the type of aircraft operated e.g. narrow-bodied or wide-bodied, single/multi deck, single/multi-crew operation;
(b) Sustain continuously the aircraft environment whilst performing duties, e.g. altitude, pressure, re-circulated air, noise; and the type of operations such as short/medium/long haul; where applicable and / or when called upon to do so.
(c) Perform the required duties and responsibilities efficiently during normal and abnormal operations, and in emergency situations and psychologically demanding circumstances e.g. assistance to crew members and passengers in case of decompression; stress management, decision-making, crowd control and effective crew coordination, management of disruptive passengers and of security threats. When relevant, operating with minimum, crew should also be taken into account when assessing the medical fitness of cabin crew; and
(d) Create a good image, impression and also provide confidence to average passengers that they are in the safe hand of professional crew who are dynamic and agile enough to respond to any unlikely event of an emergency.
Cabin Crew are now required to undergo a full medical examination which will also include the measurement of weight and height by using the standard Body Mass Index Chart.
Cabin Crew will be categorized as Fit, Temporary Unfit or Permanent Unfit at the conclusion of their medical examination.
With the aviation industry expanding at phenomenal speed and air travel been a necessity rather than a luxury as in the past, it is an industry norm that airlines strive to maintain and portray their corporate and brand image through their Cabin Crew.

Read More

Ravi takes potshot at scribes, demand their asset declarations


Karunanayake


by Ajith Alahakoon and Kushan Subasinghe- 

Former foreign minister Ravi Karunanayake, yesterday proposed in Parliament that journalists be made to declare their assets and liabilities.

"Media personnel should also be made to declare their assets and liabilities in order to ensure their integrity," MP Karunanayake said.

Speaker Karu Jayasuriya said he did not have the authority to do so.

Chief Opposition whip Anura Kumara Dissanayake said there were laws already in place under which editors and others had to submit to the Sri Lanka Press Institute. "Media personnel could be made to declare their assets to the media ministry," he said.

The proposal was made while the House was discussing reports of non declaration of assets and liabilities by the MPs.

Minister Dayasiri Jayasekera said ministers had declared their assets to the President. He told the Speaker to get the information from the Presidential Secretariat and publish them." Please get information and publish them as we cannot afford to get lambasted by the media even after declaring assets," he said.

Joint opposition MP Bandula Gunawardena told the Speaker to ensure that information about the MPs who had declared assets was published.

Do not allow the bond saga to end up as a damp squib or pus vedilla


logoFriday, 8 September 2017

According to the Oxford Dictionary, a squib is a slow-burning firework.After burning slowly it explodes with a bang with sparklers.A damp squib (a common English expression) is one that is damp and burns slowly anddoes not end with a bang.

A pus vedilla is more elaborate.A gun is loaded and aimed at the person who has to be woundedand then fired.It gives a big bang, there is smoke,a flash of flame and a smell of gunpowder,but the person who was shot at stands smilingand notwounded,as there was no bullet in the barrel.

The bond saga has already passed the damp squib phase twice.There was a lawyers’ enquiry that turned into a damp squib.Then we had the COPE report.We all expected fireworks from it,but that did not happen.It too was a damp squib.It burned nicelyfor a while but at the end it went ‘phut’ when itshould have gone with a bang with sparklers.

The saga continues

The bond saga continues.We now have the Commission of Inquiry with three highly-respected judges.The tantalising question is whether it will possibly turn out to bea pus vedilla.

If at the end of the inquiry Perpetual gets to keep the vast amount of profit it made, then it is a pus vedilla.

In November last year I wrote a piece to set out in simple terms the story of the bond saga.It was like a pencil and charcoal sketch.It captured the scene accurately,but like charcoal and pencil sketches it did not have the fine detail of an oil painting

The Commission of Inquiry on the other hand is developing the picture like a fine old master painting.Like a Rubens or a Michaelangelo.There is excellent detail and clarity in all parts of the picture.There is nothing left for the imagination.It is likely that it will all be therein a splendid composition.

A brief history helps

Here are extracts from what I wrote during the early days of this saga:

The Government needs funds over and above what it collects from taxes.To meet the shortfall it borrows from the public by selling bonds.

The Central Bank has appointed a number of primary dealers.They and the EPF are the only institutionsauthorised to buy Government bonds at auctions conducted by the Central Bank.Primary dealers can and will sell thebonds they buy at auction.

Before an auction takes place a person in the Central Bank is responsiblefor informing the primary dealers of the amount of bondsthat will be put up for auction.

On the day

The day before the much-discussed auctionthe primary dealers were informed that one billion rupeesof Government bondswould be put up for auction.On the day of the auction the Government put 10 billion of bonds up for auction.The primary dealers at the auction were surprised (that’s a major understatement), okay,they were angry, amazed,and felt deprived of the opportunity to bid as they were not told before the auction that it was 10 billion and so had not arranged the funds to bid.This had never happened before.

One primary dealerwas apparently not surprised, and had linedup the financeand also arranged for another primary dealer, the Bank of Ceylon, to also buy for them.

Perpetual got the bonds at a rate of interest well above prevailing rates.

Afterwards

After the auction,Perpetual had a large parcel of bonds.This did not make Perpetual rich. It had bonds,and a liability to the banks that lent it the money to buy bonds.Perpetual would be able to make a profit only and only if it could sell the bondsto someone at a price higher than what it paid for the bonds at auction.This is exactly what Perpetual did,and thereby made a very handsome profit.The buyer that enabled them to make aprofit was the EPF (Employers’Provident Fund).

The anger

The anger was triggered by the vast profits Perpetual made.The anger was further stoked as it was made by selling bonds at a profitto the EPF.The EPF is what keeps our savings and hopefully makes them grow.Denting its incomein any manner will arouse strong feelings of anger.

Apus vedilla? 

Can Perpetual be charged and fined or can the directorsbe charged ofa criminal offence whichif proved will keep them in jail for a longtime? Can aCommission of Inquirydeliver either one of these conclusions, namely a fine on Perpetual or a criminal charge against the directors? Probably not.

If Perpetual at the end of the inquiry can keep all its profits,in the eyes of the public it is a pus vedilla. If that is the eventual outcome, it is not the fault of the Commission of Inquiry.It is what it is,an inquiry.It is not a court to dispense justice.

Did those who appointed the Commission of Inquiryknowfrom the outset that it had to be a pus vedillaand that Perpetual would be able to keep all their money? That is a good question.

Technically Perpetual did nothing wrong

In my article I said, “Perpetual in a technical sense has done nothing wrong.As a primary dealer, it went to the auction,bid for thebondsputup for auction, its bid was accepted by the Central Bank and subsequently it sold the bonds.All very normal activityof a primary dealer.”

But the Commission’s picture being built up in old master style of clarity of detail may showthat all the money was made by direct and indirect sale of the bonds to the EPF.This raises the moral issue of it being wrong to make money at the expense of the EPF.The EPF is the custodian of the savings of millions of people and who lookforward to see their savings growso that they will get a larger sum when they retire.

Nothing wouldraise the angerof the people more, than when they knowthat their lifesavings in the EPF have been usedby private firms to make profits.

Justice


Society will feel that justice is done only when Perpetual’s profits are taken away from it.This can be done by Parliament.Retrospective taxlegislation should be passed to tax at 95% all profits made by primary dealers by selling directly or indirectly to the EPF.The tax socollected should be credited to the EPF.Now that will be a proper vedilla with a bullet in the chamber.

That will bring closure and be an equitable end to this saga.

If the Government does not take this action, the opposition should present a bill to achieve this.

SLFP ministers’ assurance, a result of Lalith-Pelpita case verdict?


Sep 08, 2017

The media has reported that several ministers in the Yahapaalana government have decided to join the joint opposition. However, the ministers mentioned in those reports have met the president and assured they would not leave the government.

Minister Susil Premajayantha has told president Maithripala Sirisena that he has no intention of leaving the government right now, and promised his fullest support to unite the SLFP and help the party to defeat the UNP at future elections.
The reason for the change of mind of these ministers is the Colombo high court verdict against former secretary to the president Lalith Weeratunga and Anusha Pelpita yesterday. After the court ruling, the ministers met and decided this was not time to leave the government. The SLFP ministers who had publicly said previously that there was no point in staying in the government will make statements on behalf of the government and it will come as no surprise if they seriously criticize the JO too. That is the Sri Lankan politics. 
Rulings in court proceedings against several others responsible for fraud and corruption committed during the previous regime are due. Foremost among them is former sports minister Mahindananda Aluthgamage, reports say.

Dr. Nirmali runs helter-skelter to get prisoners Lalith-Pelpita admitted to hospital !


LEN logo(Lanka-e-News - 08.Sep.2017, 10.00PM)   Believe it or not ! Even before the two culprits Lalith Weeratunge the ex secretary to deposed notorious president Mahinda Rajapakse , and  Director General of Sri Lanka Telecom Regulatory Commission (TRC) Anusha Pelpita  arrived in Welikade  prison following  the court sentence, it was Dr. Nirmali Thenuwara the chief controller  of the prison hospital who was most anxiously waiting for hours on end to receive them with open arms. 
The Lalith –Anusha duo was finally admitted to ward K of the prison. This ward has a dispensary , and the chief controller  frequents that place. On that day the doctor who was in charge of the ward until 6.00 p.m was Kandamby and thereafter Dr. Sandya.
Strangely the duo was not presented to both these doctors  and Nirmali has taken special pains to go and meet the two new prison inmates. Lalith and _Pelpita were examined by her , and she has written two cards to admit them to the prison  hospital  citing the grounds they  are suffering from diabetes.

Nirmali did not stop at that , she also went and waited at the hospital until 6.00 p.m. expecting the duo to come there.  In fact the whole country too was wondering what time the duo was going to be admitted to the hospital . Indeed Nirmali waited till 8.00 p.m. to receive the two ‘super duper’ zeroes who have suddenly become patients , until they were  brought from their K ward.  Disappointed Nirmali finally had to go home as her plans did not work.  Finally the two culprits  could not get themselves  admitted to the Prison hospital on the first day of incarceration.
This was solely and wholly because so many were inquiring about the incident  and the prison officers became apprehensive , as a result the hospitalization drama could not be successfully staged. 
It is to be noted Nirmali had behaved in this manner in regard to Sarana Gunawardena too on 4 th and 5 th September .Sarana was incarcerated on 4 th September afternoon. On the 5 th morning even before the Welikade  prison dispensary was opened Nirmali crept in to examine Sarana who was hale and hearty , and transferred him to the prison hospital.
In the circumstances , Nirmali will be well advised if she learns first to conduct herself as a true medical practitioner without overstepping her bounds . By trying to go beyond and  behind powerful bigwigs who are behind bars , she can only put herself  behind bars sooner than later, in which event she will not only lose her stethoscope but also that little remaining  ‘status hope ‘ .
By a special reporter of LeN inside information division.
---------------------------
by     (2017-09-08 17:53:19)

Sil Redda – A Historic Judgement 

Cassian M Fernando
logoThe decision of the two judges of the High Court of Colombo regarding the misuse of public funds for the election campaign of Mahinda Rajapaksa in many ways is an epoch making historical  judgment. Firstly It was the first time that a high ranking public servant in this country, the Secretary to the Executive President was found guilty and sentenced to serve a period of three years rigorous imprisonment. In addition a fine and also a decision to repay the 60 Million rupees lost in the process to the government. Secondly it was also the first major judgment delivered on many cases that are being investigated by the FCID an institution that was established for investigating cases of bribery and corruption. This is indeed a very healthy precedent and should be followed irrespective of political loyalties. It is not all public servants who behave in  this fashion About 10 percent of them yield to the pressures exerted on them by those in power. The judgment will serve as a shield to the public servants to desist from giving into the pressures  exerted on them by the politicians, at least in the future.
Mr Lalith Weeratunga or Mr Anusha Pelpita were not Presidential candidates. They committed these acts of gross corruption on behalf of the Presidential Candidate Mr Mahinda Rajapaksa. As a matter of fact they acted as agents for the candidate Mr Mahinbda Rajapaksa. The fact of committing a serious  act of corruption has now being established by the decision of the High Court. The 6 million dollar question was raised by a JVP spokesmen who asked the penitent question whether  a case will be filled against Mr Mahinda Rajapalsa for commuting an election offense. Whether a candidate wins or loses if he commits an act of bribery or corruption  he faces the consequence of being taken to task by the law enforcing authorities. if found guilty the punishment spelled out in the legislation is that  such a person stands to lose his civic rights for a period of seven and half years from the date of such judgment
It is no wonder therefore that Mr Mahinda Rajapaksa rushed to meet his bosom friend Ranil Wickremesinghe no sooner the judgment was delivered. Will a citizen take the bold step of filling a petition in the supreme courts seeking that civic rights of Mr Mahinda Rajapakasa be removed as he has being found guilty of committing an election offence. 

Read More

JVP candidate & brother killed by Maithri’s brother’s speeding vehicle

Two brothers of the same family were killed when Dudley Sirisena, President Maithripala Sirisena’s brother’s Land Cruiser vehicle ran over them today (9th) early morning say reports. A.J.M. Jayarathna (48) and A.J.M. Buddadasa (58) were brothers and Mr Budddadasa was a kidney patient. Both of them had gone for a treatment to Mr Buddadasa and had been returning to Hingurakgoda by motorbike when they were run over at about 1.30 a.m. today.
Mr Jayarathna had been selected as a candidate of the JVP for the Provincial Council election to be held. He is the President of Yatigalpathana ‘Dhiriya Purawesi’ Society of the JVP and a JVP activist in the Pinpara area in Hingurakgoda.
A resident had said a vehicle driven at a very high speed ran over the two motorcyclists who had been thrown to a great distance on the road. The vehicle had driven away after the accident and the two victims succumbed to their injuries after they were admitted to Polonnaruwa Hospital.
However, the vehicle involved in the accident has been apprehended by the police and it has been confirmed that the vehicle belonged to Dudley Sirisena. The driver of the vehicle and Lal Sirisena, another brother of President Maithripala Sirisena surrendered to police in connection with the accident.

Lalith Weeratunga’s fine to be borne by public ?


Sep 09, 2017

Joint opposition MP Bandula Gunawardena is seeking public donations to pay the Rs. 50 million fine imposed on former secretary to the president Lalith Weeratunga who was found guilty in the ‘Sil clothing’ case.

Weeratunga was also sentenced to a prison term for using Rs. 600 million of TRC money for Mahinda Rajapaksa’s presidential election campaign.

Gunawardena wants the public to make donations, saying Weeratunga had no such money to pay the fine. A discussion in this regard took place at Sunetradevi Pirivena at Pepiliyana last night (08).

He says a programme led by monks and Buddhists would be implemented.

It is commendable that the JO speaks on behalf of Weeratunga, because Weeratunga and Anusha Pelpita were found guilty of distributing Sil Clothing to promote Rajapaksa, but those who aided and abetted it are in the JO today. They have a responsibility to pay his fine.

Rs. 50 million is a trifle for them, who had pocketed billions by way of various fraud and corruption during the previous regime, but, without spending that money, they are trying to burden the public with that fine. For that, a group of monks who tolerate all the frauds and corruption of Rajapaksa and his cronies are getting involved.

Also, it is trying to portray this as a punishment over a religious activity. The Sil Clothing was distributed with days to go for the presidential polls, along with a campaign leaflet of Rajapaksa.

Some of the clothing was seized by the police as it was a campaign act using public money. It would have been OK had the money had come from the Medamulana dowry. Even that was illegal as an election was called. Therefore, Buddhists or monks should not get excited over this very clear illegal act by Lalith and Anusha.

Ali Abunimah-7 September 2017

The Palestinian Authority has extended the detention of Issa Amro, a prominent activist against Israeli colonization in the occupied West Bank city of Hebron.
Amro was arrested Monday by the PA’s Preventive Security force, after he criticized its earlier arrest of Ayman al-Qawasmi, the director of Hebron’s Minbar al-Hurriya radio station.
Amro will be held for at least another four days.


.@Issaamro taken from PA courtroom today. Detention extended. He remains on hunger strike, refusing food, water & medicine 
On Wednesday, nine members of the US Congress wrote to PA leader Mahmoud Abbas urging Amro’s release.
Amro is reportedly being held under the draconian Electronic Crimes law decreed by Abbas in July.
He remains on a total hunger strike, refusing food, water and medicine, according to Youth Against Settlements, the group he leads.
Human Rights Watch on Wednesday joined other groups that have sharply condemned Amro’s arrest, which is part of a much wider crackdown on free speech and journalists by Abbas’ authority.


Breaking: PA prosecutor extends detention of rights defender @Issaamro 24 hrs on charge of "stirring up sectarian tensions." @hrw responds:
Amro is already facing trial in an Israeli military tribunal on trumped-up charges designed to repress his activism against settlements.
In June, 32 US lawmakers signed a letter expressing support for Amro in the face of Israel’s baseless charges.

Radio station closed by Israel

Meanwhile, the PA released al-Qawasmi on Wednesday. On 31 August, days before his arrest by Palestinian forces, the Minbar al-Hurriya radio station he runs was violently raided by Israeli occupation forces.
Israel ordered the station closed for six months, accusing it of “incitement.”
Al-Qawasmi’s arrest reportedly came after he criticized PA leaders for failing to protect Palestinians from such Israeli attacks.
This video shows some of the damage the station’s managers said the Israeli forces inflicted during the raid:
Another video appears to show Israeli forces loading equipment on a truck in order to confiscate it:



Israel frequently claims that Palestinian media that report on the occupation are guilty of “incitement” as a pretext for shutting them down.
But Minbar al-Hurriya denies it has broadcast any material that could have provoked violence or what Israel calls terrorism.
Following the detentions of al-Qawasmi and Amro, MADA, a Palestinian group that documents violations against journalists said it condemns the PA’s “arrest of journalists and activists for expressing their opinions and demands an end to this policy.”
The Committee to Protect Journalists urged Israel to “allow the al-Hurriya media network and its affiliates to resume work without fear of harassment,” and had also called on the PA to release al-Qawasmi.
“It seems the only thing Israel and the Palestinian Authority have in common right now is their desire to silence their critics in the media,” the watchdog’s Middle East program head Sherif Mansour said.