CORRUPTION PROBES TO BE FAST TRACKED

Tuesday, February 27, 2018

A Special Committee comprising Minister Dr. Rajitha Seneratne and D. M. Swaminathan and State Minister Ajith P. Perera was appointed by Prime Minister Ranil Wickremesinghe yesterday to expedite action to be taken regarding fraud and corruption.

The Secretary to the Ministry of Law and Order will function as the Secretary of this committee.

The Prime Minister took this decision after summoning the Law and Order Ministry Secretary and senior police officers, including the IGP for a discussion at Temple Trees yesterday morning, a press release by the Prime Minister office said.

At this meeting special attention was drawn towards a report submitted by former Law and Order Minister Sagala Ratnayaka regarding action taken so far to combat fraud and corruption.

Another Committee headed by the Prime Minister, including Minister Thalatha Athukorala and Sagala Ratnayaka was also appointed to co-ordinate action relating to the setting up of a University of Criminal Justice.

Another Committee comprising Minister Tilak Marapana, Ranjith Maddumabandara and Sagala Ratnayaka was appointed to expedite action regarding appeals pertaining to alleged acts of political victimisation in the Police service. Speaking on the occasion, Prime Minister Ranil Wickremesinghe said anti-drug raids and action on combating organised crime should be continued with vigour and stringent action should be taken against those involved in such crimes.

The Prime Minister said the law should be strictly enforced against the abuse of women.

He also emphasised that if an unfavourable decision was made regarding cases filed by the Police, immediate action should be taken to file appeals against such unfavourable decisions.

Finance Ministry Secretary Dr. R. H. S. Samaratunge, Law and Order Ministry Secretary Padmasiri Jayamanne, IGP Pujith Jayasundera, STF Commander M. R. Latheef, Senior DIG (CID) Ravi Seneviratne, Senior DIG (FCID) Ravi Waidyalankara, DIG Chandana Wickramaratne and other officials attended the meeting. 

Three reasons to remove the presidency

By Eranda Ginige-2018-02-27

It is funny how a vast majority of the Lankan citizens haven't even read, let alone understood the Constitution of the Democratic Socialist Republic of Sri Lanka. It is mindboggling how such ignorant people elect representatives every five years to govern, on behalf of them. It's like watching a cricket match without knowing the rules of the game. You have no clue on what's happening in the field, but sure gets a kick, out of watching the players hitting the ball and the ball hitting the wicket. All you really do is cheer and bet on the player that amuses you the most.

But if you do read the Constitution with reflection, you will realise (among many other important things), the presidency is nothing more than another institution created for governance purposes. It is not a person. The Sinhala word "Janadhipathi" is a gross misnomer as it suggests "Supreme Ruler of the People". It is further worsened by the use the word "Executive" which is again mistranslated as "Vidhayaka" suggesting the "One who gives Orders". So, the Executive Presidency is understood by the common man and woman as the "Supreme ruler of the people who gives Orders". Awfully similar to the definition of a King or a Queen! No wonder the masses sing songs praising the Presidents, kiss their hands and bow down to their feet.

The President is not a ruler of anybody or anything. There are no rulers in a democracy excepting the, People. The person, who is holding the post of presidency at a given time, is merely another representative of the people, appointed to carry out specific functions. That's it. Nothing more, nothing less. However, is there really a need for this institution now? Here are three reasons to remove it from the Constitution:

1. Presidency is unnecessary

We have had six executive Presidents so far (including the current failure), and it's not like we are the most developed country in the world. The first four failed to prevent the war and then to end the war or do any visionary development in the country. Whatever work they did, it could've been done by them as Members of the Parliament.

The fifth President, Mahinda Rajapaksa did end the war in his Presidential capacity as the Chief of Defence. However, he and the current President both failed to resolve the root causes of the war which exist to date as it was evident from the recent local government election result. With all due respect, it was a collective effort under his leadership. It's not like the President who will jump on a horse like in the ancient times, and stride to the battle front and take the enemy leader by his sword. If that was the case, then maybe there is a reason for that person to exist. Because it would save hundreds of thousands of innocent lives, billions of rupees, properties, and a generation of children disturbed by a war against terrorism.

But, the question should be, if there was no such thing as the presidency, and whatever the powers of the presidency were being with the Parliament, "couldn't he have done it as the Prime Minister?" Because he couldn't do it then, the credit should go to the institutional powers of the presidency rather than to the leadership of Rajapaksa himself.

2. Presidency is a risk

If the Presidency is needed to end a war, it is equally possible that it can start a war. In fact, the Constitution gives the power to this one person to "Declare war and peace" (33 (2) (g)) – a huge risk in a post-war nation infested with local and foreign evil elements constantly trying to inflame ethnic and religious tensions.

However, I think the biggest risk of having the presidency is that any Tom, Dick, or Harry could be elected to that powerful position. In a country of people who do not fully understand democracy, the rich and the powerful can manipulate the people and decide who gets to be the President. We have to admit that it is exactly what happened in the 2015 Presidential election.

The recent election results clearly show that Maithripala Sirisena was not a conscious choice of the people. 2015 was a moment of desperation and mass hysteria was fuelled by a few conspiring rich and powerful groups. It was a revenge vote against the Rajapaksas, rather than a well thought out vote to appoint the best person for the job. That's a huge risk for democracy.

It is important to remember that as per the Constitution (94) a Presidential candidate must get more than 50% of the valid votes in order to be elected, and not just the majority. Therefore, the critical point of reference is not the gap between the top two candidates, rather the midpoint. There were 12,123,452 valid votes cast on the 8th January 2018. Therefore the critical midpoint is 6,061,726. The current President received 6,217,162 votes which is only 155,436 votes above that midpoint. That's just 1% of the total eligible voters. In other words, the current presidency was decided by the notorious 1%.

Whether it maybe Maithripala Sirisena or Gotabaya Rajapaksa or R. Sampanthan or Chathura Senaratne, the fact that 1% can decide on the executive presidency is a serious risk to democracy.

3. Presidency is expensive

The executive presidency is the fantasy of the late J. R. Jayewardene. It is the definitive act in the Lankan history which ruined our democracy. It is a horrible mutation to our Democratic Socialist Republic and its values. It violates the fundamental principle of equality in democracy by making one person seemingly superior than the others. Almost a monarchy.

The role of the Presidency is written in the Constitution. Nevertheless, the President's role is missing. Constitutional presidency is more or less another proxy to the legislature. There is no special function in presidency which cannot be delegated to the people's representatives in Parliament. Every function of the President can be easily transferred to the members of the Parliament. Given that the Parliament is at least more democratic than just one person, we need to ask, "Is there any need for this institution of presidency?"

Do we really need to appoint another man or woman through an expensive election? Creating costly social, racial, and religious divisions in the process? Costing valuable person-hours in the public and private sectors?

Perfectly knowing, but naively believing that he or she will be our saviour? Is all that jazz and public spending worth electing somebody so basic and abortive like Maithripala Sirisena who will then go on to live a diabolically expensive lifestyle at the expense of the people?

Even after the resounding comeback victory, the Rajapaksa team is more worried about how to win the presidency in 2020 than using this opportunity to help the people. All party leaders and their henchmen are colluding to stay in power rather than actually listening to the people's voice. People didn't vote for Mahinda Rajapaksa because they all suddenly love him. Our people, as they always do, voted against the current regime, against their failure, against their corruption, against their policies, against the unbearable cost of living.

If any of these representatives on all sides truly care about the people, then they all should be working extra hard right now to relieve the people out of their misery.

That's the need of the hour. People didn't vote so that a bunch of oligarchs can play musical chairs. People are simply asking the failed representatives to step down with their failed policies and action plans. People are asking the capable representatives to take over and start delivering results immediately.

Many people ask me, and the topic of the town is "who should be the President in 2020?" Can we be any more enslaved than that? Yet again we are blindly praying for a miraculous one man or one woman to take us to the promise land. Well if we are talking about the presidency, then what we should be talking about is removing this unnecessary, risky and expensive presidency altogether before 2020.

‘Chaturika-Shendong’ interfere in Highways contract –so Kiriella removed ! Cabinet reshuffle inside story

(Lanka-e-News - 26.Feb.2018, 7.45PM)   The cabinet reshuffle of  the UNP faction alone of the consensual government took place on the 25 th . However there was something queer and intriguing about the changes made in relation to  ministries  of Lakshman Kiriella and Kabir Hashim.

When Lakshman Kiriella was the minister of Highways prior to the reshuffle , Chathurika Sirisena could not secure the Ratnapura Highways contract . In addition, the Access Co. enjoying the patronage of president was also rightly  deprived  of the opportunity of securing the Kandy Dambulla Highway contract . Since , the venally inclined family of Sirisena lost their illicit commissions they were aiming at  thereby,  and were therefore offended , this ministerial change was effected, based on reports reaching Lanka e news inside information division 

Inside story ……

Venally inclined Sirisena drooling over Kandy –Dambulla Expressway …..

The illicit commission bulk  Sirisena expected first and foremost was from Kandy –Dambulla expressway construction. Initially he therefore requested to hand over the contract to Polonnaruwa  Udanaya project .Sirisena’s eagerness for illicit earnings outran his sureness so much so that he did not even consider  the wide difference  between  Dambulla and Polonnaruwa  even geographically .  Kiriella and Ranil too remained silent because they didn’t wish to tread on the toes  of  Sirisena the president (or because they knew  he is a Sillysena  ? ).  Sirisena meanwhile promoted  one contractor only , and that was  Access Co. 

Sirisena’s aim and objective was to promote Access Co. as the only contractor and entrust the contract to them .However Ranil and Kiriella disagreed when it was attempted to hand over the Highway construction contract to a single local  contractor after calling estimates  from the single Co. 

However finally ,  in order not to offend Sirisena since  he is  the president of the country , it was felt negotiations shall be started  with Sirisena’s Access Co. which was rejected earlier. 

Nevertheless , in the end , the engineering management of Highways Authority asserted , there is a national plan for construction of expressways , and based on that , the construction of Kandy-Dambulla  expressway where there isn’t a traffic congestion cannot be given precedence. Besides, the government didn’t have the funds to disburse  for  this expressway  . 

Sirisena the highest in the hierarchy and the monarch of all what he surveys ,then  proposed to get the contract moved to Polonnaruwa Udanaya , but he was  not  talented enough despite being  a State leader to  raise funds .Consequently the proposed Kandy –Dambulla expressway was relegated to oblivion. The illicit commission the Sirisena family was earnestly anticipating also  ebbed away  to their disappointment.

Chaturika ‘s avarice and Colombo- Ratnapura expressway  :Chaturika -Shandong venture

Next , the Sirisenas fixed their gaze on Colombo-Ratnapura expressway for their illicit commission bonanza. The hidden agent of Chaturika Sirisena was Shandong , a Chinese Co. which   was the local representative . They submitted their  estimate . Chaturika of course did not get directly involved in these  transactions  , instead  put forward Ramesh Chandrasiri as the local representative of the Chinese  Co.

The Chaturika –Shandong proposal was a BOT proposal , that is Build-Operate –Transfer.   Under this , after Shandong Co. constructs the expressway , the same Co. will be managing it, and many years later after the Co. has recovered its investment  ,ownership of  the expressway will be transferred to SL. 

Though no funds of the SL government will be disbursed , yet it is a requirement  estimate  submitted under the BOT shall  be reasonable. 

Unbelievably  , the estimate submitted by Chaturika-Shandong Co . in respect of the Ratnapura expressway was four fold more than the actual estimation. In the circumstances the Engineering Board of the Highways Authority had frowned upon it , and rejected it. This was based on the justifiable grounds   since this unbearable  burden following the huge involvement - four fold more than the actual cost of the project finally has to be shouldered by the people ( not by Sirisenas) ultimately. 

The actual reason for this fourfold increase in cost was the clandestine commission component – huge illicit payments to the intermediaries. Though president Maithripala’s full patronage was there , and the project was to be given to Shandong Co. promoted by his daughter , yet that attempt flopped with the  Shandong proposal getting rejected on valid grounds in the best interests of the country disregarding  the ulterior motives of Sirisenas. Consequently the Ratnapura expressway construction is now suspended. 

The final outcome of all these   villainous  attempts and flops of Sirisenas was  , their harboring a deep grudge against minister Lakshman Kiriella in charge of Highways . In keeping with the dastardly habit of Sirisena , what the latter did was , used  Kili Maharaja’s mahajara ( foul smelling and filthy)  Sirasa channel to viciously and venomously  sling mud at Kirella. 

Surely the public would have in the recent past noticed  that .But what they would not have noticed was : Sirasa was carrying out an underhand contract of no lesser a person than Sirisena who was smarting over his failed attempts .

That being   the truth and nothing but the truth of the episode , if  anybody who is having  doubts about this is wishing  to verify the veracity of this report , the details can be obtained from the Highways Authority under the Right to information Act. Though we deem these facts must be exposed in the national interests , what is beyond our comprehension  is , why the UNP is still shielding and safeguarding the president the culprit.  Could that be because of the consensus reached as regards the post of P.M. ?

No matter what , presumably  the cabinet reshuffle was done without giving precedence to the needs and interests of the people , owing to these reasons.  Because  Sirisena assumes that his illicit commission  collection is being  deprived by Kiriella and has hit him below the belt , Sirisena is averse to  Kiriella holding the Highways ministry portfolio. In any case , in order just  to please the UNP , the president had to  change both -the ministry of Kiriella and   that of  Kabir Hashim.

At any rate , the people having already envisaged  the portentous and perilous  journey of the government had issued an  alert signal  DDKO - ‘ Danger of death – keep off’. Sadly ,  at the cabinet reshuffle yesterday however , there was no indication that the danger alert had been duly  understood . If the people’s DDKO alert is not understood , it is doom and gloom looming  over the country ‘s future . 

Chandrapradeep

Translated by Jeff

---------------------------
by     (2018-02-26 14:27:57)

Why wasn’t Sarath Fonseka appointed law and order minister ?

2018-02-27

The latest Cabinet reshuffle was a disappointment. Even some UNP parliamentarians have gone on record calling it a ‘joke’, others mutter the same in private. If anything at all, this is another proof of how indecisive President Maithripala Sirisena has become. He is being dragged here and there by his Maharaja advisers, who are preoccupied with discrediting the UNP leadership and SLFP heavyweights, who even after coming in a distant third in the recent election, still have the tenacity to call the shots within the government.   

The Cabinet reshuffle has only settled their grudges. It simply ignored the elephant in the room, i.e. the government’s repeated failure over the past three years to successfully prosecute those accused of corruption, nepotism, abductions and a prison massacre during the tenure of the former regime.   

The President rejected the UNP’s nomination of Field Marshal SarathFonseka as the minister of law and order and instead appointed the Prime Minister, who will now have to pull off a miracle out of nothing. Mr. Wickremesinghe is bound to fail. And his failure will further discredit the government, and especially the UNP. The President, his advisers and the SLFP are plotting to cash in on this impending failure. But, they won’t win. It will be ex-president Mahinda Rajapaksa who is bound to win at the end of this partisan gambit.   

To be fair by Mr. Wickremesinghe’s predecessor in the post, Minister Sagala Ratnayake, his failure to catch crooks was not so much due to foul play but that he was held back by the usual lethargy of the Sri Lankan judiciary and the political affiliations of some of those at the Attorney General’s Department to the old regime. To overcome those challenges, one needs political courage and perhaps a different kind of personal disposition.   

Let’s take a different analogy. Consider a dozen former generals who commanded the army. Most of them could well have been more gentlemen-like than the one who finally defeated, or more accurately annihilated, the enemy. That they failed in their primary task was not because the previous governments were less supportive to their efforts, perhaps with the exception of J.R. who was forced to stop the Vadamarachchi offensive by the Indians. They did not have something the last man who ended the war had. That is a certain degree of calculated ruthlessness.   

The government needs a dose of that, if it is to successfully persecute the corrupt of the former regime and those inside the current one as well. Obviously, military and civil structures entail different challenges and limits of political influence. However, in a more practical note, judiciary independence is also relative. Those who crow about the efficiency and independence of judiciary of Singapore also know quite well how skittish those courts are when taking up issues that are in conflict with the regime interests.   

SLFP ministers who influenced the president’s choice are more worried about saving their skin. A determined anti-corruption campaign led by someone of the calibre of Fonseka will be unrelenting. There will be little room for manipulation and influence peddling. And it could also have caused quite a bit of collateral damage along its path.   

Countries such as Sri Lanka that face enormous economic and social challenges should evolve a system that is more committed to goal achieving, rather than being obsessively rule-abiding. That applies not just for catching crooks, perhaps it is more important when economic development goals are concerned. Weak institutions often make existing rules susceptible to manipulation. See the daily drama of high profile suspects ending up in prison hospitals, then being bailed out, and running to political office and financing political parties. Sarath Fonseka if given a chance could well have cleansed the system. But it is not exactly what the political leaders of either party really want.   

The Prime Minister’s new assignment would also distract him from his responsibilities in economic policy, something he is competent with. That would have serious negative implications on the investment climate. An economy cannot be salvaged by giving subsidized sprats and lentils to the public. The country needs to create favourable micro-economic conditions that would foster a long term growth. That is however a painful process in the short run. Sri Lanka rarely had sound economic managers in the political office. Instead, we had quite a lot of populist charlatans. UNP under MrWickremesinghe is quite good at handling economy, even its detachment with grassroots’impulses at times can help it stay the course. Though too much alienation could only see that it would a joint opposition government that would distribute to the people the benefits of the UNP’s economic policy.   

President’s choice of the law and order minister thus creates vacillation not only in law and order, but also in economy. That is a double jeopardy to the country and its people.   

Follow @RangaJayasuriya on Twitter

Fonseka tipped to be Law and Order Minister Ranil only for 2 weeks - Rajitha Senaratne

BY Methmalie Dissanayake and Arthur Vamanan-2018-02-27

Field Marshal and Minister Sarath Fonseka is most likely to be appointed as the new Minister of Law and Order, in two weeks from the date on which Prime Minister Ranil Wickremesinghe was sworn in as the Minister, Minister of Health Dr. Rajitha Senaratne said yesterday (26).

Speaking to Ceylon Today, Dr. Senaratne said, the Premier had taken over the Ministry temporarily in the absence of Fonseka who was abroad at the time of the Cabinet reshuffle.

"It was Fonseka's name that was initially proposed for the said portfolio, but was given to Wickremesinghe temporarily as Fonseka was not in the country," Dr. Senaratne said.

Meanwhile, Dr. Senaratne, while addressing a press briefing yesterday, had said that several high-ranking Police officers were against the appointment of Fonseka as the Law and Order Minister.
He, however, said that officers in the lower ranks were in favour of the appointment.

He said, "The country needs a person who can take stern action as the Law and Order Minister. People who play double games are not suitable for such a post."

Moreover, Dr. Senaratne further said that Fonseka is also a war hero. "Everyone has to accept that. Today, some murderers and thieves are also named as war heroes. Therefore, the Government should take fair decisions and it should not appoint Ministers by looking merely at their names," the Minister added.

"Ministerial portfolios are not eternal things. It is the President and the Prime Minister of the country who should take a decision about the Government, not the Sri Lanka Freedom Party (SLFP) or the United National Party (UNP). The Cabinet cannot be formed according to the wishes of ministers," he noted. Meanwhile, speaking at a media briefing on the same day, the SLFP General Secretary Minister Duminda Dissanayake also said that the Premier was sworn in to the Law and Order Ministerial portfolio temporarily.

The Premier was appointed as the Minister of Law and Order which was previously held by Minister Sagala Ratnayake on 26 February.

You Don’t Want To Burn Your Fingers A Second Time – Bring Sarath Fonseka, Mr President

By Shyamon Jayasinghe –FEBRUARY 26, 2018

Shyamon Jayasinghe

“SF has already fought in civil politics to learn the qualitative differences in battlefield-leading and leading among civilian populations. I am sure he will adhere to those lessons of political life.”

History’s Lessons

History does not teach us two lessons; the second one isn’t a lesson; but a deadly, unrelenting, terminal blow.

Writers for the broad civil movement of yahapalanaya like us, were absolutely bewildered and stunned when our dear old President was seen playing a tragi-comedy in the style of Sancho Panza in Don Quixote, while evil forces who had set him up via proxies were laughing in the background.

The proxies succeeded in part by bringing into the periphery  of power their masters or principals; they failed in letting the Unity Government implode from within. For that, we have already thanked the Prime Minister. It is now left to see if the evil forces of former authoritarian, corrupt, amoral and murderous leadership will wade their way through tricky waters right into the centre -once again. Our country cannot afford a repeat. The statistics of voting didn’t, to be sure, say that; but such an outcome cannot be ruled out given  the reality of Lankan politics where rice and coconuts could sway populations more than polices for longterm welfare and prosperity.

Good Human Being

In Maitripala Sirisena, we have a good human being who could sing along with Amaradeva or carry over his shoulders the remains of that great legend of our times. The nation will not forget such symbolisms. Sirisena is not a flambyuoant type wearing a special Satakaya to look special like Gaddafi. He does not wear gold rings-even enchanted ones- around all his fingers. Have we seen even Pirith Nool around his wrist? Unlike Ranil, he never even visited the Kovil to placate that deity. On the other hand, he has to learn to be more sophisticated about political forces and not be unfittingly caught in political traps. How could he ever have trusted the SLFP or UPFA blokes who regathered around him for positions? Especially those who are seen in videos even today on social media running down and insulting Maitripala Sirisena during the 2015 Presidential election campaign?  It is downright commonsense,  surely?

Balaya Vindeema and Balopadaana

However, strangely, we seem to find President Sirisena morphing into something of his predecessor and we were scared of things to come. This is the taste of power-they say. The experience  of power (balaya vindeema) seems to inevitably and imperceptibly slip leaders-whether in government or business- to a state of clinging to power (balaya upadaana or balopadaanaya). Mahinda Rajapaksa tasted absolute power for so long that he could live it up only by delusions of grandeur that he developed. I suppose, that may be the next stage after upadaana.

Three years into power, our friend Maitripala Sirisena developed upadaana. On the advise of his proxies he had a go at an extension that brought chills down our spine reminding us of the 18th Amendment. Then, he was persuaded to believe that he can lead an independent alternate force challenging his predecessor. For that, he had to differentiate himself from Ranil Wickremesinghe and the UNP. What happened after that is bad history.

Bring in Sarath Fonseka

That President Sirisena hasn’t fully comprehended the lesson of the recent past seems clear when one observes how he had turned down a request by PM to hand over the much talked -of Law & Order Portfolio  to the former General who is now in the UNP. It seems obvious that the President’s proxies are still at work. Former regime men know that their fate is sealed with SF in that chair. Supporters of yahapalanaya and the UNP want just that. On the other hand, the President has refused just that.

Field Marshall Sarath Fonseka has proved himself as a tough and no-nonsense, incorruptible leader who demonstrated every resilience to win the war for our country. He and his men travelled every terrain and bog; under sun and rain; amidst raining bullet fire from enemies to get to that goal. For the portfolio of Law & Order, the country needs a man of that calibre. SF has already fought in civil politics to learn the qualitative differences in battlefield-leading and leading among civilian populations. I am sure he will adhere to those lessons of political life. Our instinct and intuition says, “Give it to him.”

Read More

SC suspended magisterial proceedings against former CJ Mohan Peiris

Lakmal Sooriyagoda-Tuesday, February 27, 2018

The Supreme Court yesterday issued an Interim Order preventing the Bribery Commission’s Director General from taking any further steps against former Chief Justice Mohan Peiris in the Colombo Chief Magistrate’s Court.

The Supreme Court three-judge-Bench comprising Justice Eva Wanasundara, Justice Nalin Perera and Justice Prasanna Jayawardena made this order pursuant to writ petition filed on behalf of former Chief Justice Mohan Peiris.

This order will be effective until the final determination of this petition.

On January 18, the Bribery Commission filed a corruption case in the Colombo Chief Magistrate’s Court against former Chief Justice and former Attorney General Mohan Peiris, Court of Appeal Judge A.H.M.D. Nawaz and former Secretary to the Ministry M. M. C. Ferdinando.

Taking into consideration the facts, Chief Magistrate Lal Ranasinghe Bandara had issued summons on the three accused to be present in Court on March 8.

This is over an allegation that they conferred a wrongful or unlawful benefit, and favour or advantage on the perpetrators who had been accused of misappropriating funds belonging to Lanka Electricity Company (Private) Limited (LECO).

President’s Counsel Gamini Marapana appearing for former Chief Justice said that upon perusal of the proceedings filed before the Magistrate’s Court, it was apparent that no offence in terms of the Bribery Act is disclosed against former Chief Justice since he just given a legal opinion in respect of the LECO transaction.

President’s Counsel J.C. Weliamuna appearing for a respondent party informed Court that the act committed by former Chief Justice while he was serving as the Attorney General is tantamount to a offence comes under section 70 of the Bribery Commission Act. He reiterated that fact that Supreme Court should not interfere with the magisterial inquiry. In his petition, former Chief Justice cited members of Commission to Investigate Allegations of Bribery or Corruption (CIABOC) including its Director General Sarath Jayamanna PC, Chairman T.B. Weerasuriya, CIABOC members Justice W.L.R. Silva and Neville Guruge and Colombo Chief Magistrate Lal Ranasinghe Bandara as respondents. Meanwhile, a writ petition filed on behalf of Court of Appeal Justice A.H.M.D. Nawaz, President’s Counsel M. A. Sumanthiran raised objections to take up the writ petition before Justcie Eva Wanasundara since she has served the post of Attorney General. Taking into consideration the facts, the Supreme Court decided to support this petition on March 7.

Gamini Marapana PC, Dr. Harsha Cabral PC, Nigel hatch PC, Naveen Marapana attorney-at-law, Nishan Premathiratne attorney-at-law on the instructions of attorney at law Indunil Bandara appeared for Mohan Peiris.

STOP SYRIA CIVIL WAR

Ahamed Shibly started this petition to United Nations and 2 others

As Syria's civil war intensifies, innocent children are being caught in the firing line. Thousands have died in brutal attacks; many more have been severely injured or subjected to horrific crimes.

Join us by signing our petition to UN Secretary-General António Guterres, asking him to ensure that the UN and its member states are doing all they can to make sure every crime against children is recorded and justice for children is served.

Together we can stop the crimes against Syria’s children. Time is running out. Sign our petition today!

https://www.change.org/p/ant%C3%B3nio-guterres-secretary-general-of-the-united-nations-stop-syria-civil-war?recruiter=859667166&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition&utm_term=share_petition

Shot in the head and arrested, Mohammed Tamimi still in high spirits

Mohammed Tamimi and ten other Palestinians were arrested and taken away as Israel targets village known for resisting occupation

Mohammed had been in a coma for four days and underwent two operations to remove a rubber bullet lodged in the back of his brain (MEE/Tessa Fox)

Tessa Fox-Monday 26 February 2018 17:50 UTC

NABI SALEH, Occupied West Bank - At 3 am, Mohammed Tamimi woke up to loud screaming and banging on his family’s front door.

While still in his bed, his bedroom door flung open and he saw Israeli soldiers coming towards him, with his father in tow.

He knew he was just about to be arrested.

The Palestinian village of Nabi Saleh, northwest of Ramallah in the occupied West Bank, is well versed in night raids by Israeli forces.

Mohammed, along with ten other young Palestinians from the village, was arrested in the early morning of 26 February. All but two are under 18 years old. 

Fifteen-year-old Mohammed is a special case, having only been released from the hospital at the end of December.

Mohammed had been in a coma for four days and underwent two operations to remove a rubber bullet lodged in the back of his brain after being shot at close range by Israeli forces. He has been unable to attend school for at least six months because of the injury.

Mohammed’s mother, Emthal Tamimi, was worried sick about her son after his arrest.

Traumatic experience

“I went crazy,” Emthal told Middle East Eye.

She recounted the midmorning hours, saying she was demanding the soldiers leave her son as he was in such a fragile condition. “We were arguing back and forth, I was saying there is no need to take him, he’s injured, he needs to take medicine every morning and night,” Emthal said.

Emthal, disobeying the soldier’s orders to stay inside the house, ran after her son as he was taken to an armoured vehicle. “I followed them and asked to handcuff his hands in front of his body because his shoulder has pain, but they still put them behind,” she recalled.

Unlike the other Nabi Saleh youths, Mohammed was released from detention mid-afternoon on the same day.

The family’s lawyer was able to locate where the soldiers had taken him and have him released. “He has another surgery on Saturday, so that’s why they were able to get him back earlier,” Emthal explained.

After being notified that Mohammed would be dropped back to the village within the hour, Emthal waited patiently in her home, surrounded by friends and family. “I hope he will be ok,” Emthal said nervously, regarding his medical condition and the rough attitude of the soldiers.

High spirits

After arriving back home, Mohammed was all smiles.

He embraced his mother in the reception room of their house. Emthal wanted to hold onto their hug for a little longer. She clearly didn’t want to lose him again.

Mohammed appeared cool and calm, though when he sat down next to his mother, he became overwhelmed and had to hold back tears. Though when he did speak, he adopted a joking demeanor.

Mohammed and his mother embrace after Mohammed's release from detention (MEE/Tessa Fox)

“I think it’s just bad luck,” he said.

He went on to jokingly say that Israeli forces arrested him because he repositioned his bedroom furniture, as if the Israeli soldiers were entwined with bad feng shui.

“When I changed the position of my bed, they came to arrest me,” Mohammed told Middle East Eye. “In the beginning it was like this,” he said motioning with his hands, outlining the room, “and they didn’t come”.

“This is the second time. They have arrested me once before after I had also changed the position of my bed,” Mohammed said through animated arms and laughter, trying to confirm his theory was correct.

Not knowing how to position the bed any more in order to avoid arrest, Mohammed said he “will now move [the bed] to another room.”

Mohammed was surprised to be released the same day as his arrest, even given his condition. “I was sleeping, they woke me up and told me I could go home,” he said.

He is still missing part of his skull, as the surgeons are waiting for the swelling of his brain to go down until they can replace it.

He is not able to be in sunlight and needs to be extra careful of anything touching his head.

The Israeli soldiers disregarded his unprotected brain. “They hit me on my legs, they slap my face and they didn’t want to even notice what’s going on with my head,” Mohammed said.

“I tried my best to protect my head from them because they didn’t care. They continued to hit me and kick me.”

Sending a message

Mohammed and the rest of his family know he was arrested along with the other Nabi Saleh boys to make an example out of them. Having been released early, he finds himself acting as a messenger from the Israelis to the rest of the community.

“The first message [they gave me] was ‘every night we’re going to arrest six, until we reach forty’,” Mohammed recounted what the soldiers told him when he was detained. 

“The other message is for the elders: they will arrest most of them, whoever speaks out,” Mohammed said, adding they will particularly target the leaders of the Nabi Saleh resistance.

They tried to put words in my mouth to confess names of people, because they knew I was scared

- Mohammed Tamimi

“They tried to put words in my mouth to confess names of people, because they knew I was scared of being kicked and them touching my head.”

These messages and mass arrests are part of the collective punishment Israel continues to wage against Nabi Saleh, since the village began protesting against Israeli occupation in 2010.

Naji Tamimi, the father of 20-year-old Noor Tamimi who was arrested alongside her cousin Ahed in mid-December, also faced threats during the night raid.

“They asked me questions about resistance in Nabi Saleh, they want me to take it on as my responsibility,” Naji told Middle East Eye.

“I told them the problem is the occupation, resistance is another side to the occupation. If you want to end the resistance then you need to end the occupation.”

Israeli navy kills Gaza fisher

The boat on which Ismail Abu Riyala was shot, 26 February.

 Ashraf AmraAPA images

Maureen Clare Murphy-26 February 2018

A Palestinian fisher died after Israeli occupation forces fired on the boat on which he was sailing off Gaza’s coast on Sunday afternoon.

Ismail Abu Riyala was hit by a bullet to the head, according to the human rights group Al Mezan.
He is the 15th Palestinian to be killed by Israeli forces in the occupied West Bank and Gaza Strip so far this year, and the fifth to be slain in Gaza. Two Israelis were killed by Palestinians in the West Bank during the same period.

Two other fishers were injured during the Sunday attack. Mahmoud Adel Said Abu Riyala, 19, was hit in the legs and stomach by rubber-coated bullets. Ahed Hasan Nimer Abu Ali was hit by a rubber-coated bullet in his left knee.

All three fishers were detained; later that day Israel announced that Ismail Abu Riyala had died from his injuries. The two surviving men were released at around 8pm Sunday night but Israel withheld the body of Abu Riyala.

Israeli claims refuted

The Israeli military claimed that its navy opened fire after the boat “ignored warnings and strayed from a permitted fishing area in the northern Gaza Strip towards Israel,” the Reuters news agency reported.

This narrative was refuted by the fishers’ union in Gaza, which said the boat was hit as it was sailing back to Gaza and while it was within Israel’s permitted zone for fishers.
One of the surviving fishers stated in a video interview that the crew were three miles from the Gaza coast when they were attacked:

صياد فلسطيني يروي بعض تفاصيل استشهاد الصياد إسماعيل أبو ريالة بعد استهدافهم بالرصاص الحي في بحر شمال قطاع غزة، أمس. pic.twitter.com/iqkJWz96Sj

— شبكة قدس الإخبارية (@qudsn) February 26, 2018

Qods News Network

✔@qudsn

A Palestinian fisherman tells some details of the martyrdom of the fisherman Ismail Abu Riala after being targeted by live bullets in the northern Gaza Strip yesterday.

5:48 AM - Feb 26, 2018

• 29
• 19 people are talking about this
• 
  

He said that the Israeli forces continued firing at the fishers even after they had jumped into the water.
Being a fisher in Gaza is one of the world’s most dangerous occupations.

Ismail Abu Riyala

Since 1996, following the signing of the Oslo accords by Israel and the Palestine Liberation Organization, Israel restricted Gaza fishers to 20 nautical miles off the coast. That was eventually reduced to 12 miles, then six and now to just three.

Israel has periodically banned Palestinians from going to sea entirely, according to Al Mezan.
Israeli forces routinely fire on fishing boats, damaging the vessels and injuring and sometimes killing crew members. Fishers are frequently arrested.

1,300 violations

Since the year 2000, Al Mezan has documented nearly 1,300 Israeli violations against Palestinian fishers in Gaza.

These include some 1,200 incidents of shooting at fishing boats, causing the death of eight fishers and the injury of 134.

Israel has arrested more than 650 fishers and seized more than 200 boats and destroyed vessels and equipment, such as nets and lights, in more than 100 cases, according to Al Mezan.

Palestinian fishers in Gaza have also come under fire by the Egyptian navy. Abdullah Zeidan, 32, was killed by Egyptian forces while fishing along Gaza’s southern border in January.

Fishers, whose trade has long been part of Gaza’s culture and economy, have become one of the poorest groups in the territory, requiring sustained humanitarian aid, according to Al Mezan.

Of the 3,800 fishers registered with the Palestinian Fishermen’s Syndicate, only around half of them still practice the profession.

Yet more than 35,000 Palestinians in Gaza “still depend on this industry for their livelihoods,” according to the United Nations humanitarian monitoring group OCHA.

Fish caught off of Gaza’s coastal waters is a major source nutrition for Palestinians in the territory, though one that fewer and fewer can afford. After more than a decade of Israeli blockade, half of Gaza’s population of two million is moderately to severely food insecure.