The Tragedy and the Farce of Legal Flirtations with the 'Bond Scam'

By Kishali Pinto Jayawardhana,-- Sep 25, 2017

Applying Marx’s denunciation of historic personages repeating themselves ‘first as tragedy, second as farce’ to grotesque financial scandals in Sri Lanka is a tad adventurous. But there is no question that one satire follows the other, tragically and farcically, with little respite.

In the interests of sanity
Close upon Arjun Aloysius, principal shareholder and director of Perpetual Treasuries (Pvt) Ltd being declared a ‘non-compellable witness’ by the Commission of Inquiry inquiring into the Central Bank of Sri Lanka (CBSL) bond issuance, his father-in-law, former CBSL Governor Arjuna Mahendran made other equally riveting news.

Mahendran attempted, through his counsel, to hold out that his appearance on summons and testifying before the Commission was a gracious concession. Under Section 7 (c) of the 1948 parent statute, the Commission has the power to summon ‘any person residing in Sri Lanka’. Based on this, it was argued that because Mahendran was resident in Singapore, he was not subjected to the Commission’s jurisdiction. However, he was anyway presenting himself and deserved to be treated courteously by his interrogators.

In the interests of sanity and basic common sense, it was a relief to see the Commission peremptorily putting the record straight, declaring that it was necessary that Mahendran obey the summons particularly in the context of his appointment as CBSL Governor. Previous reasoning as to why Mahendran’s son-in-law, Aloysius was allowed to claim the privilege against self-incrimination (referred to as the ‘golden rule of the law’) was meanwhile reiterated.

Anticipating legal challenges
Going by these consequent articulations by the Commission as reported, its members appear to have been troubled by the possibility that, had Aloysius been compelled to give evidence, this may have resulted in an application for judicial review in the superior courts. As was remarked, this ‘would have in turn resulted in much delay in concluding the proceedings.’ But Mahendran was not in ‘the same position as he does not say he is likely to be an accused and does not say he is likely to incriminate himself if he is compelled to give evidence.’

At first blush and examined last week in these column spaces, it is a fair assessment that a legal challenge by Aloysius has been made more possible by the 2008 amendment to the 1948 Act. This empowers the Attorney General to indict on the findings of Commissions of Inquiry. The amendment was clumsy, ad hoc and unnecessary. Potential complications that may arise were raised by this columnist when the amendment was first mooted but to little avail.

The consequences of the amendment become even clearer when key legal precedents are examined. In pre-2008 legal challenges to Commissions of Inquiry findings, the judicial view had inclined (albeit by a whisker), towards deciding that the findings are merely recommendatory in nature, not having the effect of affecting any party’s rights, or interests and therefore not subject to judicial review. For example, the authoritative opinion in Silva & Others v Sidique & Others (1978-79-80) was that reports and inquiries conducted by a Commission of Inquiry could not be quashed by writ.

‘A step in a statutory process’
It was opined that writ will lie only if an ‘order or decision is of binding effect.’ It must either ‘impose an obligation or involves civil consequences to a person or alter his legal position to his disadvantage.’ Importantly such order or decision must be a step in a statutory process which would have that effect. It must be handed down by a body which had legal authority to determine questions affecting rights.

The Court decided in that case that a Commission of Inquiry does not have the legal authority to make binding decisions. Any penalty or consequence that follows its Report is by the action of some other authority or body, although it may be based on the Report’s findings.

On this reasoning, the recommendations of a fact-finding Commission do not take effect proprio vigore (by its own force or vigor). Accordingly, the conclusion was that the writ of certiorari will not issue. Contrary precedents stating that judicial review would lie where the reputation of a person whose conduct was being inquired into by a Commission of Inquiry was affected, (Mendis Fowzie & Others v Goonawardene (1978-79) were departed from.

Testing these issues in court
These are the decisions that should have been discussed in the Commission’s order relating to Arjun Aloysius rather than case law referencing the Special Presidential Commissions of Inquiry Act which has entirely different provisions and operates in a separate context. True, the 2008 amendment creates a greater potential of a different outcome. The specific power of the Attorney General to indict on Commission findings may well be seen, (in the words of the judges in the Siddique case), as ‘a step in a statutory process’ which ‘alters his legal position to his disadvantage.’

Nonetheless, these are issues of law which must be legally tested at some point. The privilege against self-incrimination ordinarily applies in a court proceeding where it may be pleaded to shut out testimony, not at an earlier stage. And regardless of potential legal challenges, a great deal of latitude is given to fact finding Commissions which are wholly different from courts of law enjoined to abide by strict rules of evidence.

This is precisely why Section 7 (d) of the 1948 Act allows the Commission to admit ‘any evidence, whether written or oral which might be inadmissible in civil or criminal proceedings,’ notwithstanding the Evidence Ordinance. While Commissioners have generally been reticent in utilizing this permission, there is no doubt that the intent of the legislature was clear when the provision was made part of the law. Also Section 14 affords “special immunity for witnesses” which the Commission in fact, declared itself ‘mindful of’, despite its later conclusion that Aloysius is not a ‘compellable witness.’

Stopping spectacular abuse of public funds
Members of the Commission seem to view a possible charge of being ‘over-zealous’ with the same startled annoyance with which a king cobra would eye an imprudent mongoose. But that really need not be the case. Indeed, perhaps it is time that judges are ‘temperedly’ zealous, given the abuse of public funds that has become a hideous feature of all our administrations.
Alleged corruptors should not be unduly allowed the liberality of high flown legal arguments put forward by well retained counsel. Public opinion will no doubt stoutly support raps over the knuckles in such instances. The effort must be to ferret out the truth for the record.

That must remain the one primary objective.
http://www.sundaytimes.lkThe Tragedy and the Farce of Legal Flirtations with the 'Bond Scam' - Kishali Pinto Jayawardhana

Applying Marx’s denunciation of historic personages repeating themselves ‘first as tragedy, second as farce’ to grotesque financial scandals in Sri Lanka is a tad adventurous. But there is no question that one satire follows the other, tragically and farcically, with little respite.

In the interests of sanity
Close upon Arjun Aloysius, principal shareholder and director of Perpetual Treasuries (Pvt) Ltd being declared a ‘non-compellable witness’ by the Commission of Inquiry inquiring into the Central Bank of Sri Lanka (CBSL) bond issuance, his father-in-law, former CBSL Governor Arjuna Mahendran made other equally riveting news.

Mahendran attempted, through his counsel, to hold out that his appearance on summons and testifying before the Commission was a gracious concession. Under Section 7 (c) of the 1948 parent statute, the Commission has the power to summon ‘any person residing in Sri Lanka’. Based on this, it was argued that because Mahendran was resident in Singapore, he was not subjected to the Commission’s jurisdiction. However, he was anyway presenting himself and deserved to be treated courteously by his interrogators.

In the interests of sanity and basic common sense, it was a relief to see the Commission peremptorily putting the record straight, declaring that it was necessary that Mahendran obey the summons particularly in the context of his appointment as CBSL Governor. Previous reasoning as to why Mahendran’s son-in-law, Aloysius was allowed to claim the privilege against self-incrimination (referred to as the ‘golden rule of the law’) was meanwhile reiterated.

Anticipating legal challenges
Going by these consequent articulations by the Commission as reported, its members appear to have been troubled by the possibility that, had Aloysius been compelled to give evidence, this may have resulted in an application for judicial review in the superior courts. As was remarked, this ‘would have in turn resulted in much delay in concluding the proceedings.’ But Mahendran was not in ‘the same position as he does not say he is likely to be an accused and does not say he is likely to incriminate himself if he is compelled to give evidence.’

At first blush and examined last week in these column spaces, it is a fair assessment that a legal challenge by Aloysius has been made more possible by the 2008 amendment to the 1948 Act. This empowers the Attorney General to indict on the findings of Commissions of Inquiry. The amendment was clumsy, ad hoc and unnecessary. Potential complications that may arise were raised by this columnist when the amendment was first mooted but to little avail.

The consequences of the amendment become even clearer when key legal precedents are examined. In pre-2008 legal challenges to Commissions of Inquiry findings, the judicial view had inclined (albeit by a whisker), towards deciding that the findings are merely recommendatory in nature, not having the effect of affecting any party’s rights, or interests and therefore not subject to judicial review. For example, the authoritative opinion in Silva & Others v Sidique & Others (1978-79-80) was that reports and inquiries conducted by a Commission of Inquiry could not be quashed by writ.

‘A step in a statutory process’
It was opined that writ will lie only if an ‘order or decision is of binding effect.’ It must either ‘impose an obligation or involves civil consequences to a person or alter his legal position to his disadvantage.’ Importantly such order or decision must be a step in a statutory process which would have that effect. It must be handed down by a body which had legal authority to determine questions affecting rights.

The Court decided in that case that a Commission of Inquiry does not have the legal authority to make binding decisions. Any penalty or consequence that follows its Report is by the action of some other authority or body, although it may be based on the Report’s findings.

On this reasoning, the recommendations of a fact-finding Commission do not take effect proprio vigore (by its own force or vigor). Accordingly, the conclusion was that the writ of certiorari will not issue. Contrary precedents stating that judicial review would lie where the reputation of a person whose conduct was being inquired into by a Commission of Inquiry was affected, (Mendis Fowzie & Others v Goonawardene (1978-79) were departed from.

Testing these issues in court

These are the decisions that should have been discussed in the Commission’s order relating to Arjun Aloysius rather than case law referencing the Special Presidential Commissions of Inquiry Act which has entirely different provisions and operates in a separate context. True, the 2008 amendment creates a greater potential of a different outcome. The specific power of the Attorney General to indict on Commission findings may well be seen, (in the words of the judges in the Siddique case), as ‘a step in a statutory process’ which ‘alters his legal position to his disadvantage.’

Nonetheless, these are issues of law which must be legally tested at some point. The privilege against self-incrimination ordinarily applies in a court proceeding where it may be pleaded to shut out testimony, not at an earlier stage. And regardless of potential legal challenges, a great deal of latitude is given to fact finding Commissions which are wholly different from courts of law enjoined to abide by strict rules of evidence.

This is precisely why Section 7 (d) of the 1948 Act allows the Commission to admit ‘any evidence, whether written or oral which might be inadmissible in civil or criminal proceedings,’ notwithstanding the Evidence Ordinance. While Commissioners have generally been reticent in utilizing this permission, there is no doubt that the intent of the legislature was clear when the provision was made part of the law. Also Section 14 affords “special immunity for witnesses” which the Commission in fact, declared itself ‘mindful of’, despite its later conclusion that Aloysius is not a ‘compellable witness.’

Stopping spectacular abuse of public funds

Members of the Commission seem to view a possible charge of being ‘over-zealous’ with the same startled annoyance with which a king cobra would eye an imprudent mongoose. But that really need not be the case. Indeed, perhaps it is time that judges are ‘temperedly’ zealous, given the abuse of public funds that has become a hideous feature of all our administrations.

Alleged corruptors should not be unduly allowed the liberality of high flown legal arguments put forward by well retained counsel. Public opinion will no doubt stoutly support raps over the knuckles in such instances. The effort must be to ferret out the truth for the record.

That must remain the one primary objective.
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Saman Senanayake an ace confirmed corrupt scoundrel sent away by president back in the saddle ! -Corruption goes on non stop !

(Lanka-e-News- 25.Sep.2017, 9.10AM) It is a well and widely  known fact that   former Wayambe environmental Authority director Saman Senanayake was the one who reached a notoriety so high  which even the high heaven could not contain.  He is best known  as a most corrupt and unscrupulous political pimp who devastated the Wayambe province for 26 long years while  serving rascally politicians and pandering to their anti  national  interests and villainies.   However two years ago he incurred  the wrath and displeasure of the good governance president , and as a result was sent on retirement. Now, this same rejected discarded Senanayake had once again after being relegated to the garbage bin emerged from it to become the advisor to the Wayambe province chief minister with a fresh determination to resume his characteristic sordid activities . The pertinent question is , how did this crook and corrupt rascal who incurred the wrath and resentment of the president the highest in the hierarchy become an advisor to the chief minister later ?

It is well known to the whole country what amount of damage this rascal caused to the environment to the detriment of the residents when he was the Environmental Director , Wayambe. This notorious rascal  subordinated all national interests to earning filthy lucre on he fixed which he fixed  his gaze all the time.  Wile collecting huge kickbacks from corrupt companies engaged  in  illicit activities he drove the residents to utter despair and unbearable hardships  without caring two hoots for them  or their grievances. Lanka e news and other media had made endless exposures about this villain and traitor.

Until President Maithripala Sirisena was reminded and his mind was refreshed at a special meeting in Colombo on 2016-08-31 at 6.30 p.m. regarding all the treacheries, corruption and environmental disasters this traitorous political pimp caused for 26 long years , the president ( who is best known for appointing misfits)  did not have the heart to send this scoundrel of scoundrels on pension. 

The chief minister Dharmasiri who said ‘pardon me Sir, I shall not allow such things to happen again’ when he met the president , is unable to exist  without this record breaking crooked scoundrel . This is obviously because whatever  corruption and crooked activities of Dharmasiri  are most cautiously carried out by Saman  on his behalf. 

The same chief minister had permitted Saman  who went on pension last month to visit daily on the excuse of ‘Ran illama’ as chief minister’s advisor ‘license’ ,and to carry on regardless his favorite occupation (corrupt activities).

Saman is now back in the saddle who collected huge bribes in many millions of rupees from :
Norway Jiffy Co. which polluted Deduru oya and the environment with  toxic  Calcium nitrate .
Bingiriya Nikko battery Co. which is still releasing lead poison to the people of Wayambe
Indian Buwalka steel Co. polluting the Madampe environment with  heavy metal .

The asbestos Industry which contaminated  the drinking water  taken from the ground  by  the people around the Anavilundawa bird sanctuary. The chief minster obviously  had got him back even after knowing well about this corrupt crook because he himself  is a  partner in the crimes. 

How can such a record breaking corrupt crook who was identified by the president himself as a crook and rejected be recalled by the chief minister as his advisor ? Doesn’t that indicate the chief minister is himself a corrupt crook like Saman or even worse ,and that is why he cannot dispense with Saman?

To represent whom is Saman Senanayake to be given  an appointment now  in  the Public Utility Committee which is currently probing  the issues  which are militating against the establishment of the Norochcholai power plant . Saman the ace rogue is still parading  as Provincial environment authority director . Who gave him permission for that? 

What is the power he has to coordinate the Wayambe Bingiriya water project ? What is the eligibility or ability he has to monitor/ probe  a water project ?  Is it because there are billions of rupees on offer on  a platter to rogues that Saman the clever ,crafty ,corrupt crook was sent there ?

It is high time the president investigates how Wayambe chief minister made Saman his advisor who could not speak a word about his educational attainments and suitability before the president ? And what is this traitorous drama serial the chief minister is staging? 

---------------------------
by     (2017-09-25 03:49:01)

Jaffna yet to over come trauma of war

 

Arun Srivastava - 6 Sep 2017 11:47 AM 

A fortnight back I was in Jaffna, the main city in the north dominated by Tamils. Though the city and its people are yet to come out of the trauma of the 30-year old ethnic war, the compulsion of survival has made them catch up with the time. Shop owners or small traders felt that while the financial condition of the people of the city is yet to make a substantial improvement, the area has undoubtedly attained a comparatively good economic growth rate. They shared the perception that soon the area will witness comfortable growth as the people are determined to achieve development.

In the post-war scenario, the business activity has increased substantially. The main problem for them is the high level of expenditure. Even for a small auto ride, people have to cough up not less than a hundred bucks of the Sri Lankan currency. This is interestingly being projected by the business and trading circles as the indicator of a robust economy and steadily growing business in the north.

There is a sharp contrast between the living standards of the cities of Colombo and Jaffna. While a large number of apartments and multi storeyed buildings have come up in Colombo, the residents of Jaffna continue to live in the traditional colonial type of houses. Since Jaffna does not have a well-defined infrastructure, the region still depends on power generated from diesel, an independent source of energy. Many areas even today depend on wells for water.

Nevertheless, in recent time the focus has been on improving the standard of living of the people and boosting education. Since a sizeable portion of the land has been under the effective control of the Army, agricultural activities have not picked up in right dimension and dynamics. In fact, the challenge before the Sri Lankan government is to define the nature and contour of development in the conflict-affected areas of the country and at the same time stabilise the conflict-infected areas. The challenge of moving forward with balanced development in a way that furthers the accord between ethnic and religious groups is a priority for the Government of Sri Lanka. 

The primary vocation of the people of Jaffna, fishing, is also in a confusing state. The traditional fishermen are finding it a tough proposition to survive on fishing. Most of the sea sides and beaches are under control of the Army. The government needs to make a huge investment in the northern province. Incidentally, the flow of foreign investment has not been sufficient to boost economic activities. Sri Lanka is very fortunate that both India and China have shown a very keen interest in integrating its economic development to their respective economic development plans for the region.

 It was the confrontationist attitude of the earlier Rajapaksa government towards some foreign countries that has been primarily responsible for the unwillingness of the global fraternity to invest in Sri Lanka. The foreign policy adopted by the Rajapaksa regime during the last stage of administration was irrational. Rajapaksa alienated most countries. The attitude of the Sri Lankan government resulted in many powerful states, including India, showing reluctance to contribute in a substantial way for implementing the development projects designed for rapid economic growth. Only China was willing to assist Sri Lanka but that too in lieu of major concessions.

 In April this year Sri Lankan Prime Minister Ranil Wickremesinghe met Prime Minister Modi and signed a Memorandum of Understanding on cooperation in economic development projects. Several mega-development projects, such as the creation of industrial zones or special economic zones in identified locations in Sri Lanka, a project for road connectivity and railway track upgrading and also a container terminal in Colombo, have been included in the MoU. 

The prevailing political situation in Sri Lanka is also witnessing a fresh regrouping of the political forces. Former President Chandrika Kumaratunga is getting ready to stage a comeback and leads these forces. After the end of her Presidency in 2005, Chandrika Kumaratunga was living a life of semi-retirement. She had made it clear she was not interested in formal political power. Using the opportunity her rival Mahinda Rajapaksa consolidated his grip over the state, defeated the LTTE in a brutal war and expanded his family's control. 

Kumaratunga believes this is a 'golden opportunity' for Sri Lanka to address the Tamil question, for both the major parties of the country are in government together. Otherwise, the track record has shown that when one party attempts something, the opposition does its best to wreck it. Only Rajapaksa is outside now, but without a party apparatus, he will not be able to do much. 

She is now the chair of the Office for National Unity and Reconciliation, which is kicking off a set of projects. This includes returning large tracts of land that were taken away by the military to the people; it would include trauma counseling for the families, which have seen enforced disappearances and have not attained closure; it would also include resettlement and building houses with the assistance of the international community. 

The end of the war in 2009 completely shifted the macroeconomic fundamentals. Apparel manufacturing, which had long been the backbone of the economy, started losing its significance and service oriented industries such as tourism came to the forefront. It exceeded well above 70 per cent as opposed to the apparel industry average of less than 50 per cent. This prompted the government to align its strategies to changing economic fundamentals, resulting in a significant number of international organisations entering the tourism industry.

LTTE as a fighting force was destroyed in May 2009. The organisation was rendered completely combat ineffective. Majority of its fighters were killed or detained, their infrastructure decimated and their territory occupied and dominated. There is a lurking fear in the minds of the rulers that the LTTE may resurface at some stage. This is the reason that the government of Sri Lanka still continues to maintain a heavy military and intelligence presence in the territory previously controlled by the LTTE and that the government "retains complete control over all areas of Sri Lanka". In fact, this apprehension has been primarily responsible for hastening up the process of development, but the fact remains that the dimension and pace of development are not satisfactory. No doubt the roads have been spruced up but the focus on livelihood need is yet to gain priority. 

Going around the island, one comes to acquire the impression that the paradigm and matrix for the development are not well defined. It needs deeper understanding and analysis of the ground level realities. The government has to exploit the natural resources instead of depending on foreign help or precisely Chinese intervention. The people and intellectuals of the island share the view that China has been more concerned about its gain than the welfare of the people of the island and treat the island as its colony. The people are wary of the Chinese intentions and moves. (The views are strictly personal.)

Sumanthiran congratulates Govt. for introducing bill

Sandasen Marasinghe and Camelia Nathaniel-Thursday, September 21, 2017

The Bill before Parliament is a very important bill that introduces the proportion of 30% of women candidates who have to be nominated in the nomination paper submitted by any political party or an independent group when they contest a Provincial Council Election. said TNA – MP M. A. Sumanthiran in Parliament yesterday.

“This is a very important issue that we have been talking about and when a Bill is debated in the House, any member, under Standing Orders could move committee stage amendments provided notice is given before 12 noon,” he added.

In response to the objections of the Joint Opposition, he said it is not necessary for the government to do it. Any member including himself, could move amendments at committee stage.

“Hence that is not a matter that could be reasonably taken up before an oversight committee. Nevertheless, we are now discussing an important principle of women’s representation and this Bill is very progressive in that, it suggests not less than 30% for women in the nomination papers. Although you nominate 30%, on a nomination paper, their representation is not ensured because it is a way people vote. So 30% on the nomination paper could never ensure even 10% of representation by women.”

Therefore he express pleasure that there is before the House, notice by the government committee stage amendment, which would ensure that at least 25% of women who would actually sit in the provincial council when the provincial council is constituted. “We passed into law an amendment to the Local Authorities Act just two weeks ago in which there was a scheme that was brought in whereby 10% of women’s names are nominated on the lists for votes and not less than 50% of names of women are nominated on the proportional representation list which would then ensure that at least 25% of women could actually sit in the council that is constituted,” he added.

He congratulated the government for introducing this Bill which goes beyond and ensures the objective of this Act which would ensure women’s representation. He said the MPs of the Opposition who were obstructing his speech were obviously against women’s representation. He said it was against more than 50% of the population of this country. More than 51% of the voter population of this country are women and all must laud the government for ensuring that at least 25% of women are being represented.

“The committee stage proposal that has been placed before us confirms the number that has already been determined as a number of members for each provincial council that determination was made as soon as the provincial councils were established by a Provincial Councils Election Act and the President at that time made the order with regard to the number of members of each provincial council.

This amendment seeks to take that number and find the 60% and for 60% of that number the number of electorates are carved out so that an election promise that was made by President Maithripala Sirisena who won the election and all of those who lost the election are standing at the well of the House are trying to prevent the mandate of the people being reached,” he said.

We will be intransigent!

BY MIRUDHULA THAMBIAH-2017-09-26

Vanni District Parliamentarian and Leader of Tamil Eelam Liberation Organization (TELO) - constituent of the Tamil National Alliance (TNA), Selvam Adaikkalanathan said those connected to enforced disappearances should be identified, inquired and punished through the mechanisms of the Office of Missing Persons (OMP).

"We are of a firm stand that all UNHRC recommendations should be implemented. OMP should be established in our country to examine the cases. Those who are connected to the enforced disappearances should be inquired into and punished," he said.

Following are excerpts of the interview:

? What is your stand on the interim report of the constitutional reforms?

A: This interim report cannot be viewed as a complete political solution. We will definitely express our stand over this report in Parliament when it is taken up for debate in the next three days. We will emphasize on what criteria should be further included to satisfy our demands on behalf of our people as we have given certain promises to them.

During the three day debate we will definitely stress on our demands that meet up with the aspirations of our people and further will explain on why and how our recommendations should be implemented.

? There seems to be continuous contradictions on the stand of TNA leaders. Leader Sampanthan was of the view that the interim report is somewhat favourable, while Northern Chief Minister Wigneswaran completely rejected the report. Why do you think such contradictions prevail within your party?

A: Such situations clearly show that we lack discussions and mutual understanding within our party. However as I said it is quite hard to state that the report is positive or negative to Tamil people. We should be cautious of what should be delivered during the parliamentary debate that is scheduled for the next three days regarding the interim report.

? It is currently being told by various representatives that the North-East merger is impossible.
 However the merger had been one of the primary demands of the TNA on finding a political solution. If you fail in obtaining a merger, would you accept an alternative?

A: As you said North-East merger is one of the primary demands of the TNA. We will never give up on this particular demand.

Similarly we hold a firm stand that only a federal system can solve ethnic issues. We should obtain solution based only on our demands. We are not ready to accept an almost similar solution and amend it accordingly in future. We believe such promises cannot be achieved later. Our fundamental demands should be included to the solution we are not ready to adjust.

? You recently said if the current government does not fulfil the demands of Tamil people, 
appealing to the international community would be the only option. Are you disappointed with the current government?

A: We are able to experience a political change in our country. The government had promised to find a suitable political solution. As promised they appointed a steering committee to examine and suggest constitutional reforms. This committee had now released an interim report. We have also supported the government in certain stances as they have promised to solve the ethnic issue. However if the final solution does not achieve our policies and demands we must choose a different option. We must have an alternative if we are unable to achieve our demands through the government. Thus appealing to the international community would be an alternative option if we experience any disappointment over the promises given to us.

We have also informed the international community the reasons as to why we decided to support the government. If we are finally disappointed, appealing to the international community would be the one and only option to solve our problems in this country.

My point of view does not state that we will be disappointed. But if we face such a situation in future we may approach the international community.

? Recently President imposed a Gazette to establish Office of Missing Persons (OMP) in the country according to the recent Act that was passed in Parliament. But why do your representatives claim that it is an eye wash?

A: The President and the Government have disappointed our people on this issue. The President has always been of the stand of securing the security forces, although an OMP Act is adopted in Parliament as recommended by the UNHRC. The President as the head of State has the duty to solve the issues faced by the people of his country. Under the guise of protecting the security forces he has however failed so far to obtain complete justice for the affected people.

We are on a firm stand that all UNHRC recommendations should be implemented. OMP should be established in our country to examine the cases. Those who are connected to the enforced
disappearances should be inquired into and punished. Also a great amount of compensation should be provided to the families of missing persons since most of them are breadwinners. The current government did not secure power alone with the votes of the majority community but with the majority votes of the minority communities too, therefore President and his Government are bound to solve such humanitarian issues. He should avoid only considering the betterment of the majority community but address issues of minority communities too.

They should avoid partisan arguments. Our people did not lie; they have surrendered their loved ones to the security forces at the end of war.

? It was revealed recently in Courts that Northern Minister Ananthy Sasitharan's husband former LTTE Commander Elilan was not surrendered over to the security forces. How do you view this development?

A: There is a trend of denying arrests that occurred during the war period. Until a person is produced in Courts after his arrest, there will be a trend of denying his custody. When a suspect is arrested under the Prevention of Terrorism Act they will be ill treated and kept in remand for further investigations. Elilan's wife said that he was surrendered to the security forces before her. It cannot be a false statement when he is surrendered before her. When she had expressed it before the judiciary it is definite she would submit evidence. Therefore it cannot be a lie. Those who took Elilan into custody should not lie before the judiciary but reveal the truth and his whereabouts. If he has not surrendered, where is he?

If they deny his custody, the government should take up the responsibility, he surrendered before his wife and she cannot lie.

? TELO recently said that the party would not support Chief Minister Wigneswaran if he contests for a second term. Why is that?

A: We never adopted such a decision within our party. It is false news. We did not take any such decisions at our party meeting. We have already extended our support to the Chief Minister. We will not rush into future decision, we will study the situation.

? Your coalition party EPRLF had recently accused that the Leadership is taking arbitrary decisions without consulting the other parties. Are you of the same stand? What is the actual situation?

A: As I said earlier if every one of us have different views that proves we lack mutual discussions within our party. TNA had strongly secured people's mandate and if we fail to amend these differences, they might lose interest in future.

We must hold healthy discussions within the party especially on 20th Amendment and Constitutional reforms. If we fail to deliver unanimous decisions we will lose the trust that people have in us. There are many criticisms against the TNA and it is not a positive situation for the party. Therefore we should not create a situation of distrust among people.

? When you expelled former Northern Minister of Fisheries and Transport B. Deniswaran from your party (TELO), he denied his party membership. He said he was not a basic member of your party. Is that true?

A: He was our party member at that time. He had filled up a party membership form and confirmed his representation. He had even been a presidium member, which is more than enough to confirm his membership.

? He said that your party leaders obtained his signature on a blank paper not on a membership form. Is that correct?

A: He is lawyer and he is very well aware that placing signatures on blank papers causes trouble. We did not obtain on blank paper but we have his membership form. We are ready to produce it in public if needed.

? People have made allegations against the TNA that your party had failed to address the burning issues of Tamil people of the North and East. What is your stand?

A: Definitely the affected people have their point of view over our party representatives. However, we have always travelled our journey towards finding a suitable political solution. We have negotiated our policies and demands with the Government. If we are disappointed or when we fail we will definitely take a decision that will always support our people. At the same time there are those with other agendas to damage the support extended to TNA by minor parties, which can be solved if the inner party is powerful.

Email:che.myhero@gmail.com

Anti-Rohingya refugee protests:the latest pretext of Islamophobia

2017-09-26

Given Sri Lanka’s recent history as one of the main sources of refugees during the three decades of ethnic conflict and the JVP’s 1988-1989 insurgency, the recent protests against the Rohingya refugees are downright hypocritical. However, they are incorrigible too, for despite all the bluster by ultra-nationalist monks, Sri Lanka currently hosts only 30 Rohingyas.   

Three previous groups of Rohingyas who were rescued by the Navy in 2008, 2012 and 2013 have already been relocated to a third country. There are about 1,000 refugees and asylum seekers from different countries, including 30 from Myanmar, according to the UNHCR office in Colombo. That is a fraction compared to 136,605 Sri Lankan refugees and 8,634 Sri Lankan asylum-seekers in various countries in the world, mainly in India, according to the UNHCR’s 2012 figures.  

Sri Lanka is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, but, it had generally acted in the spirit of the convention. An exception to the norm was seen during the latter half of the Rajapaksa regime, when Colombo, allegedly on the insistence of Pakistan, deported hundreds of members of the Ahamediyya community back to Pakistan, in violation of the principle of non-refoulement, that is a fundamental principle in international law that forbids a receiving country from sending asylum seekers back to a place where they would be in danger of persecution.  

 
Perhaps it is overly idealistic to suggest that Sri Lanka on its own accepts refugees who had fled persecution elsewhere, though one could see the potential for a soft power boost for the country through a limited gesture to that effect.   

Religious and ethnic bigots in the past and the present have exploited existing fault lines in our societies, by highlighting the ‘otherness’ of communities living in this multi-ethnic state

Sri Lanka of course does have its own domestic imperatives to rehabilitate the war-torn North and provide housing and a livelihood to thousands of Northern citizens. However, as a country that flooded the world with refugees not so long ago, the least Sri Lanka could do is to show empathy with the plight of the other less fortunate souls. Sadly though, the fringe Sinhala-Buddhist ultra- nationalism is not capable of that empathy. They are a bad advertisement for Buddhism and this country. They do not represent the Sinhalese Buddhist majority or for that matter, the majority of Sri Lankans, yet, when it comes to the crunch, those loud mouthed bigots present themselves as the dominant face of Sinhala Buddhists and hijack the national discourse.   

 Each society has its own fellowship of a racist political fringe. However, there is a fundamental difference between how a liberal society and a society that got stuck somewhere in that transformation respond to bigots in their midst. In the latter, a wider pluralistic society generally speaks up against bigotry and their voice is generally magnified by progressive media. In the former, such as ours, bigots, even despite their numerical minority tend to dominate the discourse and hold weak political institutions of the State to ransom. Public reaction to that is either apathy or resignation. Civil society in this part of the world is less organized and less civic conscious. Nor could they confront the potential intimidation that the religious and nationalist fringe is capable of unleashing. Perhaps to begin with, to fight back racists, what Sri Lanka needs to develop is something akin to ‘Antifa’ which can restore the balance of coercion.   
Sri Lanka’s religious and nationalist fringe is a microscopic minority, in comparable world standards. In the just concluded elections in Germany, the Neo-Nazi loving Alternative for Germany won over 13 per cent of the popular vote, whereas Sri Lanka’s Sinhala Buddhist exclusivist parties could barely win five per cent of the popular vote even during the best of their times, though they were far less vitriolic in their ideology than the new phase of ultra nationalism, the Bodu Bala Sena.   

Yet in Germany, despite their electoral success, there is a reviled group, whose sympathizers rarely come out of their closets for fear of being demonized in the public eye. In Sri Lanka, however, a religious and nationalist fringe, which could not win electoral representation, still manages to hijack the State policy and subjugate the majority of decent people. That has been happening since the very outset of gaining Independence.   

The recent feigned anxiety over the Rohingya refugees is the latest in a long list of sorry excuses used to fuel racism by those groups. In the early 2000s, their main beef was against proselytizing by evangelical Christians. Then, with the advent of Galabodaatte Gnanasara Thera and the Bodu Bala Sena, Buddhist ultra-nationalism took a decidedly anti-Muslim turn -- first it was cow slaughter, then the halal certificate, then recently the alleged destruction of Buddhist archeological sites and now the Rohingya refugees. All of that was part and parcel of a broader anti-Muslim campaign.   

Religious and ethnic bigots in the past and the present have exploited existing fault lines in our societies, by highlighting the ‘otherness’ of communities living in this multi-ethnic state. (This is the same perilous strategy that was adopted by the Federal Party, which exploited and overplayed Tamil grievances to radicalize the community,finally leading them to a suicidal war.)   

What should equally be clear to a discerning observer is that the pretext for each of those campaigns was concocted by the same groups and often faulty and fabricated information was then disseminated through social media and other grassroots campaigns. It is natural for the racist fringe to try to manipulate the public opinion; the problem is when the societies fail to produce a sufficient counterweight to a hate campaign. Similarly, advanced democracies, or for that matter India have strong political institutions that can withstand, moderate and check the regressive impulses of their societies and their own governments. Recently, an Indian judge convicted a popular godman for rape and jailed him for twenty years, while millions of devotees were protesting against the court action. Our institutions do not have that luxury.   

But, we have a strong security apparatus which can be deployed to monitor these groups, and also counter terrorism laws that can be used to ensure a higher retributive cost. They are of course not a long-term alternative for a vibrant pluralistic society and stronger political institutions, which Sri Lanka should strive to build. That is however a long haul process. Until then, it should assign the STF and military intelligence to keep a tab on Buddhist ultra-nationalism.   

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Mannar civil society slam Sri Lankan President's plan to attend opening of illegally constructed Buddhist vihara in Thiruketheeswaram

26 Sep  2017

Members of Mannar civil society have written to the Sri Lankan president, criticising his planned participation in the opening ceremony of a Buddhist vihara constructed illegally in the environs of the historic Thiruketheeswaram Kovil.

President Sirisena is due to participate in the opening ceremony of the vihara, constructed illegally in around 10 acres of private Tamil-owned land on September 29.

A Buddhist shrine was initially built to serve the Sri Lankan army when it occupied the area in 1991. However since the end of the war, the main army camp has been removed but a smaller one was kept in place to guard the vihara and Buddhist monks.

In 2012, the Department of Buddhist Affairs cancelled the vihara’s registration and halted construction, however construction was restarted recently.

“Is this good governance?” V. S. Sivakaran, chair of the Mannar civil society union, questioned in a letter to the president.

The civil society leader criticised the endorsement of the vihara by the army and the president, despite its illegal construction on appropriated land.

Mr Sivakaran also questioned the president’s commitment to reconciliation, suggesting instead that like previous presidents, Maithripala Sirisena is invested in Sinhalisation of the Tamil homeland through the erasure of Tamil history and culture.

Related Articles: 

07 September 2017 : Tension in Amparai as Buddhist monks told to stop construction of pilgrim rest-house

05 September 2017 : Buddhas on the A9 - Sinhalisation of Vavuniya

26 August 2017 : Buddhist stupa unveiled by Sri Lankan military in Jaffna

GTF’s Fr. Emmanuel on low profile visit for reconciliation

25 September 2017

Fr. S.J. Emmanuel, leader of the UK based Global Tamil Forum (GTF), arrived in Sri Lanka last week on what his organisation officials describe as a “low profile” visit.

 

It coincided with the Constitutional Assembly releasing its Steering Committee’s Interim Report on constitutional amendments.

 

He met leaders of Tamil political parties while in Colombo and later travelled to Jaffna.

Staying at the Bishop’s House, Fr. Emmanuel attended an event at the Jaffna University.

While in Colombo, Father Emmanuel met US Ambassador Atul Keshap. Later Mr. Keshap tweeted “pleased that Father Emmanuel is striving to secure lasting equality, peace, justice and happiness for all in a united, reconciled Sri Lanka.”

According to some sources, Fr. Emmanuel planned a long stay in Sri Lanka. “This will help him keep in touch with authorities over new constitutional reforms and the ongoing efforts at reconciliation,” these sources said.

 

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Maharaja’s mahajara lies exposed ! Kiriella repudiates all charges against expressway contracts !! (Video)

(Lanka-e-News- 25.Sep.2017, 9.10AM)  “The last government spent (wasted) Rs. 6.9 billion to build one kilometer of the outer circular road (phase three)   whereas under our government the cost of 1 kilometer of the Central highway third phase  was only Rs. 3.9 billion.  Even when it is crystal clear the cost of construction of the expressway has been trimmed down by Rs.  3 Billion per kilometer , some are still trying to sabotage the activities and expressway constructions. “

Under the past government to build expressways the contract was granted  fancifully - just thought , just given. The Southern expressway  and the Colombo –Katunayake expressway contracts were granted sans following tender procedures,  Kiriella lamented. 

 “On the contrary, our government followed procedures duly and after calling for tenders granted the contracts.'' 

 “The original estimate for the Kottawa –Dodangoda expressway built by the last government was Rs. 9.6 billion , which swelled to Rs. 21.4 billion by the time it was completed.  The original estimate of the expressway from Dodangoda to Kurundugahathapma was Rs. 8.3 Billion which shot up to Rs. 26.3 billion . The original estimate for the construction of the expressway from Kurundugahathapma to Pinnaduwa was Rs. 8.7 billion which shot up to Rs. 35 billion at the end .”

The minister of higher education and highways Lakshman Kiriella revealed the above statistics when addressing the media briefing at the parliamentary  complex to enlighten on the government’s expressway projects . 

When the minister gave answers duly to the journalists and excused himself saying he had to attend a cabinet meeting while requesting his secretary to follow up if necessary , it was most shocking  when the television channels of Maharaja distorted the scene and telecast , the minister ran away without answering the questions.

Truly what happened was,   when the minister challenged  a henchman of Maharaja who questioned  to reveal his records,  it was  discovered the henchman  hadn’t  any records in fact. The henchman was in utter confusion since he was bluffing.However this incident was portrayed wrongly by the Maharaja channels to the public after deleting that part of the video tape. ( Vide the video footage below ).

The minister also warned not to sling mud with the motive to frighten the investors , in order  to secure tenders in favor of close friends of theirs. 

The video  footage of minister’s revelations is hereunder

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by     (2017-09-25 03:55:34)

‘Ara Vaahe Hadanna Bey Oi’

- Sep 26, 2017

‘Ara Vaahe Hadanna Bey Oi’ (that fellow cannot be corrected), Ven. Elle Gunawansa Thera has told a Mahinda-loyalist editor of a national newspaper. The circumstances are as follows:

Early morning one day, the Thera went to ex-president Mahinda Rajapaksa’s Wijerama home hoping to have an undisturbed, serious discussion with him on the country, religion and the nation.

However, when he arrived there around 7.00 am, closest cronies of Mahinda were already there. Among them were ex-chairman of Walallawita Pradeshiya Sabha Udeni, the first to be caught accepting a bribe at the PS premises,  ‘Amawathura new editor’ Upali Kodikara, Johnston Fernando alias Arakku Johnny, Rohitha Abeywardena, aka chain thief, Maindananda Aluthgamage and Kumarasiri Hettige, who lost his teeth to the former Basnayake Nilame of Vishnu Devale in Dondra. Seeing them all, Gunawansa Thera inquired from Mahinda’s bodyguards if they lived there.

“No, Hamuduruwane. It is their habit to be here before Mahinda Mahattaya gets up. They have nothing to do and they go after the former president wherever he goes,” they replied.

Not wanting to talk to Mahinda in the presence of them, he left after telling the bodyguards to inform the ex-president that he had come. Gunawansa Thera returned to his temple and telephoned the newspaper editor and told him, “Ara Vaahe Hadanna Bey Oi. He does not listen. He gets up in the morning with a pack of thieves. We are trying to rally all nationalist forces around that Vaahe. What that Vaahe does is to go to courts, remand prisons, weddings, and funerals with that pack of thieves. He gives voice-cuts to the media surrounded by thieves. People of this country were not born again. This pack of thieves is more important for this Vaahe than nationalist forces of this country. There will never be a revival.”

Are the people of Colombo North subhumans?

2017-09-26

It’s with utmost distress that I write this letter to your esteemed newspaper with the hope that it will catch the attention of the rulers, who seem to treat the people of Colombo North as ‘sub-human beings’. Indeed there is no one to hear the painful stories of the distraught masses, where the poorest of the poor live and die. I have lived in this part of the city for over 60 years and things have never been so wretched  

Let me only point out some glaring debacles:’  

1. The road starting from Tobacco Company Junction at Kotahena and going along Aluthmawatha is being dug-up for several months by a company involved in the Water Supply Project. It seems that this company lacks competence to avoid setting off several major and minor leaks all along, of which the Water Board doesn’t care a copper cent. So, the good, drinkable water streams, down the roadway, turn the place into a mud hole and cause a great wastage which we citizens have to pay for ultimately. This tragedy has befallen several roads in Kotahena, Mutwal and Mattakkuliya. Further, deep wells have been dug along Aluthmawatha Road, St. James Street, Walls Lane, Madampitiya Road etc. and those involved in the work seem quite helpless and clueless. The areas have become veritable death traps with totally devastated road surfaces. The Mattakkuliya-Farm Road Junction is in a mighty mess with leaks everywhere. Leaks have sprung up in several well-laid roads about which the digging sub-contractors and the Water Board care the least.  

2. Indeed such widespread water collection spots (clean water) make a cruel mockery of the Government’s much proclaimed Anti-Dengue Campaign.  

3. Rarely do the Water Board workers (looking pathetically incompetent) try to patch up the one or two leaks after months of disrepair. They dig and then discard the remaining excavated sand and tarred blocks blissfully onto the pavement and vanish (St. Mary’s Road/Centre Road Section). Or, they dump the stuff at the entrances to the by-lanes.

Farm Road

Leaks have sprung up in several well-laid roads about which the digging sub-contractors and the Water Board care the least

4. Just travel along Aluthmawatha Road or several other roads in Colombo North. The ‘dug out’ sand, stone and other debris are thrown along the pavements giving rise to enormous dust clouds, seriously polluting the breathable air - making everyone suffer from eye, throat and chest problems.  

5. Now comes the stunner! The Electricity Board too has been engaged in the digging done with a vengeance with scant regard for what lies underneath. The result is that, all along the roads, pipelines are broken, sending out gallons of precious water. These ‘rivers’ then flow for several days, at times for weeks, until the Water Board sends its nondescript team. It seems that the Electricity Board is readily absolved of their wanton destruction.  

6. Samata Sarana is a school and a home to 400 inmates from pre-school kids to very elderly people. The disaster is hellishly apparent opposite this great institution, which was once visited by Secretary Hilary Clinton. The children and the elderly have to wade through mud holes or walk along bathed in dirt and dust. Thus, we see the numb rules treating these helpless citizens like sewage rats.  

7. One positive aspect of ‘our benevolent rulers’ is the modernized roadway which was commissioned from Mattakkuliya Farm Road, along Centre Road, stretching for 1km or more. The company that carried out this mega project should be complemented. All lamp posts are ready for use. For more than a year now this road remains unlit. Is this a dark side of efficiency?  

8. My plea to the rulers is this; follow the example of Patali Champika Ranawake, on behalf of the hapless people of Colombo North. Tie up your shoe laces and walk along the roads and lanes of this part of the city. You can transform the tragedy that has been highlighted, into a resounding victory within a week; as the Ranawake did. But with the shabby mind set of the rest from top to bottom the much hyped dream of a megapolis will only end up as a Necropolis (a place where dead people are buried). To translate the ideas of a megapolis to reality, technical and managerial competence backed by a sincere political is a ‘sine qua non’.  

Aluthmawatha Road

So, the good, drinkable water streams, down the roadway, turn the place into a mud hole and cause a great wastage which we citizens have to pay for​

9. People witnessing these unfolding and increasing disasters in the North of the city, as never seen before post independence incidents, would like to know whether there are subject Ministers assigned to each of the failed and failing Boards, Local Bodies and Departments (including the Environmental Police) to ensure that there is - some semblance of governance leaving aside the much hyped “Good Governance”?

 
10. Oh! If only the attention of the Prime Minister and the President could catch a glimpse of this letter!

Pix by damith wickramasinghe  

Inefficient police investigation into murder of transgender man

25 September 2017

The Asian Human Rights Commission has received information regarding the case of Sanath Kumara Wijethilaka (34) of Dambulla Headquarters Police Division, who was killed in the early hours of 5 September 2017. Sanath was a transgender man. His dead body was lying on the ground of a private van park in front of the Dambulla General Hospital. Initial police investigations and the post mortem examinations concluded the fact that the victim was murdered by clubbing with blunt weapons. However, the police have been lethargic in completing their investigation and bringing the murderers to court.

Case Narrative:

Sanath Kumara Wijethilaka (34) of Kalundewa, Walgamwewa, Dambulla, is a permanent resident in the Matale District. Sanath was born as male, but as he grew older, he started developing female attitudes and behavioral patterns.

As an adultescent, Sanath started dressing as a woman, and frequently went out like that, even in Dambulla Town. He was well known to the residents of the area for his behavior. The people engaged in commercial activities and the business owners in the city were aware of him as a transgender person. Sanath was a very peaceful and innocent adult. He was never accused of involvement with any crime, or harming any person or property throughout his life.

However, there were several incidents when he was arrested by the police and produced in court due to his suspicious behavior and his different manner of dress. On all these occasions however, respectful judicial officers have taken steps to release him with immediate effect after learning the truth.

On 5 September 2017, Sanath was found lying on the ground of the private van parking in front of the Damubulla General Hospital in Damubulla Town. The incident was reported to the Dambulla Headquarters Police Station by the residents of the area, and Sanath was brought to the Dambulla General Hospital.

After initial investigations by the Dambulla Headquarters Police Station, the police believe Sanath was beaten to death; several clubs that were used in the killing were seen around the crime scene. Furthermore, police said that pools of blood, believed to be Sanath’s, and an umbrella, were also found in the vicinity.

Meanwhile, Sanath’s sister said she received a telephone call at 3 a.m. on that day, from Sanath’s mobile. The caller shouted at her in abusive language, and informed her that they have killed her brother. She mentioned that she could not identify the caller by his voice.

Later police informed the media that Sanath was beaten to death by an unknown individual or a group of persons at 2 a.m.

Even 18 days after the incident, there is no efficient or credible investigation into Sanath’s murder.
This case of murdering an innocent transgender man is related to the insecure state of Sri Lanka’s transgender community. There are no laws safeguarding the rights of the lesbian, gay, bisexual or transgender persons. The government should enact such laws, and take steps to ensure that the rights of all Sri Lankans are upheld, particularly those of marginalized communities.

Suggested Action:

Please send letters to the authorities listed below expressing your concern about this case and requesting an immediate investigation into Sanath’s murder, as well as into the allegations of inefficient police action in the matter. Those found responsible for the murder must be prosecuted under the law. Similarly, those officers found guilty of shirking their duties and not upholding the law must also be punished. Further, please also request the National Police Commission (NPC) and the Inspector General of Police (IGP) to have a special investigation into the malpractices of the police officers for abusing their powers.
To support this case, please click here: 
SAMPLE LETTER:
Dear ________,
SRI LANKA: Inefficient police investigation into murder of transgender person

Name of victim: Sanath Kumara Wijethilaka (34) of Kalundewa, Walgamwewa, Dambulla

Alleged perpetrators: 1) an unknown individual or a group of people
2) Police officers attached to the Dambulla Headquarters Police Station

Date of incident: 5 September 2017

Place of incident: Dambulla HeadquartersPolice Division
According to the information that I have received Sanath Kumara Wijethilaka (34) of Kalundewa, Walgamwewa, Dambulla, is a permanent resident in the Matale District. Sanath was born as male, but as he grew older, he started developing female attitudes and behavioral patterns.

As an adultescent, Sanath started dressing as a woman, and frequently went out like that, even in Dambulla Town. He was well known to the residents of the area for his behavior. The people engaged in commercial activities and the business owners in the city were aware of him as a transgender person. Sanath was a very peaceful and innocent adult. He was never accused of involvement with any crime,or harming any person or property throughout his life.

However, there were several incidents when he was arrested by the police and produced in court due to his suspicious behavior and his different manner of dress. On all these occasions however, respectful judicial officers have taken steps to release him with immediate effect after learning the truth.

On 5 September 2017, Sanath was found lying on the ground of the private van parking in front of the Damubulla General Hospital in Damubulla Town. The incident was reported to the Dambulla Headquarters Police Station by the residents of the area, and Sanath was brought to the Dambulla General Hospital.

After initial investigations by the Dambulla Headquarters Police Station, the police believe Sanath was beaten to death; several clubs that were used in the killing were seen around the crime scene. Furthermore, police said that pools of blood, believed to be Sanath’s, and an umbrella, were also found in the vicinity.

Meanwhile, Sanath’s sister said she received a telephone call at 3 a.m. on that day, from Sanath’s mobile. The caller shouted at her in abusive language, and informed her that they have killed her brother. She mentioned that she could not identify the caller by his voice.

Later police informed the media that Sanath was beaten to death by an unknown individual or a group of persons at 2 a.m.

Even 18 days after the incident, there is no efficient or credible investigation into Sanath’s murder.
This case of murdering an innocent transgender man is related to the insecure state of Sri Lanka’s transgender community. There are no laws safeguarding the rights of the lesbian, gay, bisexual or transgender persons. The government should enact such laws, and take steps to ensure that the rights of all Sri Lankans are upheld, particularly those of marginalized communities.

I request the intervention of your good offices to ensure that the authorities open an immediate investigation into Sanath’s murder, as well as the lethargic approach of the police officers in the case. The officers involved in not properly investigating the crime and bringing the culprits before the courts without delay,should also be subject to internal investigations for breach of Police Department orders.

Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. PujithJayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.