Midweek Review
War crimes:
UN going the whole hog
By Shamindra Ferdinando
The newly formed Civil Society Platform (CSP) on Monday (13) dealt with entire range of accountability issues and the re-imposition of a state of emergency on the pretext of addressing food distribution. The media received the comprehensive statement endorsed by 30 organisations, and 36 individuals, soon after the Geneva-based United Nations Human Rights Council (UNHRC) declared its intention to go ahead with fresh investigation, as mandated at the 46th session.
The hard-hitting CSP statement should be examined against the backdrop of a dialogue between a new collective of civil society activists, grouped as Sri Lankan Collective for Consensus (SLCC). The civil society appears to be divided over their strategy in respect of President Gotabaya Rajapaksa’s government. However, UN Rights Chief, Michelle Bachelet, one-time Chilean President, in her hard-hitting statement, at the onset of the 48th session, made reference to the meeting President Gotabaya Rajapaksa had with SLCC on August 3. That is a quite a development. But, nothing has changed in Geneva and the war-winning country is on the UN agenda.
A recent statement, issued by the Executive Director of the National Peace Council (NPC), Dr. Jehan Perera, on behalf of SLCC, dealt with several contentious issues.
The statement issued, subsequent to a meeting the group had with newly appointed Foreign Minister Prof. G.L. Peiris, raised the following issues: the declaration of State of Emergency, Cabinet of Ministers giving the go ahead for the Legal Draftsman to prepare ‘NGO legislation,’ continuing harassment of NGOs, abolition/amendments to the Prevention of Terrorism Act (reference was made to those who had served the LTTE and the 2019 Easter Sunday carnage suspects), implementation of the 13th Amendment to the Constitution, and holding of long-delayed Provincial Council polls, land issues in the Northern and Eastern Provinces, language issue, hate speech and misuse of the ICCPR Act, step-motherly treatment of Tamil-speaking people, by denying them participation at national events, and targeting of the Muslim community.
The above litany, however, sounds only too familiar and the chorus is the same. They have packaged themselves under the new name SLCC, but being backed by the West, have been pushing the same agenda for decades. The CSP is no different. No one ever bothered to ask for an explanation from the TNA for recognising the LTTE as the sole representative of the Tamil-speaking people, in 2001, thereby paving the way for the Eelam War IV a couple of years later. Similarly, no one ever inquired into the clandestine relationship between UN Colombo and the LTTE. Geneva is also silent about the origins of Sri Lanka terrorism (Indian intervention).
As happened in Afghanistan, with the now infamous independent media of the West, which unquestioningly only pushed the narrative of the military industrial complex of mainly the US and the UK, for decades, have now suddenly metamorphosed into finally questioning what went wrong, only after all their lies about Afghanistan and elsewhere began to crumble overnight. Interestingly, they are pointing fingers at everyone else, except at themselves, for not having done the job as an objective media. Theirs has been, for quite some time, an embedded media that cheered on the military industrial complex and the Wall Street. May be there, too, it was all due to filthy lucre.
Prof. Peiris, who had served as the Foreign Minister during the then President Mahinda Rajapaksa’s second term (2010-2015), received the same ministry on Aug 16. The academic, who once headed the government delegation for Oslo-arranged talks with the Liberation Tigers of Tamil Eelam (LTTE), has assured the SLCC of the government’s readiness to work with the civil society.
The SLCC statement, headlined ‘Promise of a fresh approach for resolving national issues’, at the onset, insisted that the discussions the group so far had with President Gotabaya Rajapaksa, the then Foreign Minister Dinesh Gunawardena, Finance Minister Basil Rajapaksa, Justice Minister Ali Sabry, Youth and Sports Minister Namal Rajapaksa, Regional Cooperation State Minister Tharaka Balasuriya and Foreign Secretary Admiral Jayanath Colombage failed to yield the desired results. So they still want the pound of flesh paid for by the West and nothing less?
Prof. Peiris seems confident that the government’s interaction with the civil society can be utilised in their dialogue with the international community, whereas the SLCC assured the new administration of its support to address concerns among the international community. However, their support would depend on the government’s readiness to address the issues raised by them.
In addition to Dr. Perera, who had represented Sri Lanka at the Geneva-based United Nations Human Rights Council (UNHRC), in March 2018, on the invitation of the late Foreign Minister Mangala Samaraweera, several other prominent civil society activists joined the discussion with the government. It would be pertinent to mention that the SLCC has quite justly accepted that it did not represent, what it called, the larger civil society and recognised themselves as a group of individuals, drawn from multiple sectors of society, religion, academia and non-governmental organisations, dedicated to a country established on the high sounding ‘ideals of pluralistic coexistence, human rights and justice’, but found nowhere in the world, especially not among the self-appointed good guys of the West. Just look at how they still treat their Blacks, especially by their famed law enforcers.
The SLCC comprises (1)Ven. Kalupahana Piyaratana Thera – Inter religious Alliance National Unity, Chairman, Human Development Edification Centre working for peace Reconciliation and Ecology for more than 25 years. Peace activist for more than two decades (2) Bishop Asiri Perera – Retired Bishop/President of Methodist Church (3) Rev. Fr. C.G. Jeyakumar – Parish Priest Ilavalai and Lecturer at the Jaffna Major Seminary, Human Rights Activist (4) Dr. Joe William – Founder member and Chairman of National Peace Council, Director, Centre for Communication Training and Convenor, Alliance for Justice (5) Prof. T. Jayasingam – Director NPC, former Vice Chancellor of Eastern University and former member, Public Service Commission of the Eastern Provincial Council (6) Prof. Kalinga Tudor Silva – Professor Emeritus Dept of Sociology, University of Peradeniya (7) Dr. Dayani Panagoda – Social Activist, former director of Secretariat for Coordinating the Peace Process and Lecturer, former member of the Official Languages Commission (8) Ms. Visaka Dharmadasa – Peace Activist, Chair of Association of War Affected Women (9) Dr. Jehan Perera – Executive Director of NPC (10) Dr. P. Saravanamuttu – Founder and Executive Director, Centre for Policy Alternatives (11) Hilmy Ahamed – Vice President, Muslim Council of Sri Lanka, Civil activist with 35 years of communicating on issues of Peace and Justice, Chairman of Young Asia Television (12) Sanjeewa Wimalagunarathna – Former Director of Secretariat for Coordinating Reconciliation Mechanisms (13) Rohana Hettiarachchi – Executive Director PAFFREL (14) Javid Yusuf – Former Ambassador to Saudi Arabia, former Principal, Zahira College and Founder member and Governing Council member, National Peace Council NPC (15) Varnakulasingham Kamaladas – President, STA Solidarity Foundation, Vice President Batticaloa-Ampara Hindu Temples Federation, former President of Inland Association of Non-Governmental Organisations (INAYAM) Batticaloa, and (16) Ms. Sarah Arumugam – Human Rights Lawyer.
SLCC responds
Dr. Perera emphasized that they were prepared to work with any party to achieve genuine post-war national reconciliation.
The livewire behind the NPC Dr. Perera responded swiftly to several questions posed to him regarding the latest civil society initiative.
(1) The Island: Did the SLCC reach consensus with what it called ‘wider Sri Lanka civil society’ regarding the dialogue you are having with the SLPP administration?
SLCC:
No, we did not. SLCC is a loose collection of individuals drawn from civil society organisations that have reconciliation and peace building aims in their work. We have no one leader or office-bearers. Each of us is part of other networks where we have discussed the stands we take. But we do not speak as their representatives. Our common position is commitment to a united Sri Lanka that is founded on ideals of pluralistic coexistence, human rights and justice.
(2) The Island: When did you set up the SLCC?
SLCC:
We could say it was on June 23, 2021. That was the day we decided on our name. This followed two earlier consultations, organised by the Association of War Affected Women (AWAW), which were held in Kandy, to have an in depth discussion on the lessons learnt through our reconciliation process. We felt there was a need for a group, such as ours.
(3) The Island: Did you have discussions with the TNA (Tamil National Alliance) or other Tamil parties, represented in Parliament, regarding the current initiative?
SLCC:
We have not met with the TNA as yet, though we plan to meet them, and other parties, too. Earlier on we met with Charitha Herath of the SLPP, leader of the DPF Mano Ganesan, General Secretary of the SJB, Ranjith Madduma Bandara. More recently we met with Leader of the Opposition Sajith Premadasa. We had arranged for a meeting with the Chairman of the National Movement for Social Justice, Karu Jayasuriya, but this was postponed and we hope to have it soon.
(4) The Island: Who decides the agenda?
SLCC:
Agendas of the meetings are decided by consensus, prior to the meeting, based on the need and the responsibilities of those whom we meet. Usually, following a self-introduction, we present the issues highlighted in the memorandums we have submitted.
(5) The Island: You represent the NPC, Dr. Pakiasothy Saravanamuttu represents the CPA and all others in the SLCC are members of various civil society groups. Do the SLCC members represent those organisations in the ongoing dialogue?
SLCC:
Those in the SLCC are mostly heads of organisations, who will naturally be in line with the positions of their organisations in any discussions on principle or decisions arrived at. But they are here as members in their personal capacities.
(6) The Island: Did the SLCC ever discuss these issues with the late Mangala Samaraweera?
SLCC:
No, we did not.
(7) The Island:
On the basis of BHC cables (Jan-May 2009), Lord Naseby, in Oct 2017, challenged the massacre claim of 40,000 on the Vanni east front as mentioned in the Darusman report. In June 2011, US Embassy staffer, Lt Col Smith, at the 2011 Defence Seminar, in Colombo, denied war crimes accusations (weeks after the release of Darusman report).
(8) The Island: Did government representatives or the SLCC referred to/discussed/raised the need to examine the BHC cables during discussions?
SLCC:
We limited our discussion to issues that we presented in our memorandums to them with a view to be forward looking. This included the Office of Missing Persons and its work. We did not discuss the death toll, at the end of the war, or issues of war crimes.
Contentious issues
Some of them had been involved in previous peace initiatives, including the Oslo project, finalised in Feb 2002. The SLCC has essentially pursued issues that had been taken up by a section of the international community (those who voted for Geneva resolutions or conveniently abstained) both during the conflict and after. Let me reproduce the SLCC’s stand on three key issues verbatim as mentioned in a memorandum handed over to Prof. Peiris.
Prevention of Terrorism Act:
Until the promised amendment of the Prevention of Terrorism Act, to cease using this law to detain people and to expedite the release of those taken into custody, under its draconian provisions, either on bail or totally where there is no legally valid evidence to justify their continued detention, especially when they have not even been charged. This applies to both long term LTTE prisoners and more recent Muslim prisoners with only a peripheral relation to the Easter Sunday bombings.
Provincial Councils:
Improve the implementation of the 13th Amendment and expedite the holding of provincial council elections so that the ethnic minorities may enjoy a measure of self-governance in the areas where they predominate.
Targeting of Minorities:
The issue of Muslims being targeted continues to fester in proposed legislation regarding personal law, the continuing refusal to permit burial of Covid victims, except in a single designated location and the imprisonment, without trial, of a large number of Muslim persons, following the Easter bombings. All communities need to feel that they have been fairly consulted and treated without discrimination for national reconciliation to become a reality.
The 13th Amendment is quite a contentious issue, especially against the backdrop of India stepping up pressure over its implementation. The government is in a quandary as regards the much delayed Provincial Council polls. Today, the government, the Opposition, the civil society and the international community had conveniently forgotten the origins of the Sri Lankan imbroglio. Clandestine Indian intervention long before the July 1983 riots, most probably precipitated by the then 20th Century Fox JRJ openly flirting with the idea of giving the Trincomalee deep harbour to the US. The subsequent building up of terrorist power, leading to the forcible deployment of the Indian Army in Northern and Eastern regions, in July 87, paved the way for the 13th Amendment. Sri Lanka almost disintegrated.
Unfortunately, successive governments quite clearly failed to examine the current situation in a proper perspective. There had never been a genuine attempt to set the record straight. The incumbent government, too, pathetically failed to address accountability issues properly. Dr. Perera’s response to The Island query, based on Lord Naseby’s challenge and Lt. Colonel Smith’s denial of war crimes accusations six years before, revealed the failure on the government’s part to recognise the threat facing the country’s unitary status. Prof. Peiris and the SLCC owed the public an explanation how they discussed matters, including Office of Missing Persons, or OMP, leaving the primary accusation that the military killed 40,000 Tamil civilians on the Vanni east front. That is the charge Sri Lanka continues to face in Geneva, though Prof. Peiris’s predecessor, Dinesh Gunawardena, declared, in the Feb-March 2020, sessions, the government’s decision to quit the 2015 resolution. In fact, Sri Lanka is now facing a new investigation and actions so far taken by the incumbent government seems insufficient. As long as HRC turns a Nelsonia eye to all the grave crimes the West has committed and continuing to commit, from Palestine to Libya, Iraq, Syria, etc., how can we expect any fairplay from it. Maybe Minister Gunawardena played the only card there, we could have played, considering the ground realities.
The rationale in seeking the support of the civil society should be studied, taking into consideration the government’s failure to revisit accountability issues. Instead, having repeatedly promised the electorate in the run-up to the 2019 presidential and 2020 parliamentary polls, a robust defence at Geneva, the government appeared to have accepted the agenda, pursued by Ranil Wickremesinghe and the late Mangala Samaraweera.
The Sirisena-Wickremesinghe government established the OMP, in August 2016, less than a year after the signing of the Geneva resolution. The OMP came into being under controversial circumstances with the then Joint Opposition (now SLPP) accusing the Sirisena-Wickremesinghe government of jeopardising national security. Today, the incumbent government has accepted responsibility for taking forward the much maligned and controversial Geneva process, much to the disappointment of those who genuinely believed an attempt would be made to reverse the project.
Key architects of the yahapalana project are in the current Parliament. Ranil Wickremesinghe is the solitary UNP MP. The former PM entered Parliament on the National List whereas Maithripala Sirisena returned from his home base Polonnaruwa after having contested the last general election on the SLPP ticket. Sirisena’s SLFP is the second largest constituent with 14 lawmakers, including one National List MP. As regards the accountability issue, the government seems to be moving in a direction contrary to the much publicised promises made.
In the absence of cohesive Sri Lanka response to Geneva threat, interested parties, such as the Human Rights Watch (HRW) and Amnesty International, have been freely bashing Sri Lanka. Massive foreign funding to the civil society lobby here and various other outfits are meant to ensure they follow the dictates of their sponsors. Often repeated claims that they refrained from taking government funding should be examined taking into consideration how these groups pursued Western interests and those of various other parties.
Pawns of Peace: Evaluation of Norwegian peace efforts in Sri Lanka (1997-2009)
, released in 2011, two years after the eradication of the LTTE, provided an insight into foreign funding for a particular purpose. The Norwegian study dealt with funding provided to various peace merchants assigned the task of propagating the inevitability of a negotiated settlement in the absence of military muscle to bring the war to a successful conclusion. For Norwegians funding for such initiatives had never been a problem. Sri Lanka is a case in point. They lavishly spent on the dicey Sri Lanka project on the basis that the LTTE cannot be defeated militarily, the then government has no option but to accept a deal even at the expense of the country’s territorial integrity and sovereignty.
The Norwegian report revealed the funding of Sri Lankan outfits to the tune of USD 28 (NOK 210 mn) mn during the conflict. The recipients included Dr. Kumar Rupesinghe’s Foundation for Coexistence (largest single beneficiary with USD 6 mn during 2004-2008 period), the then Minister Milinda Moragoda’s MMIPE for humanitarian demining, Sarvodaya, Sewalanka (its former head Harsha Kumara Navaratne, an original extremely talented breakaway from Sarvodaya and now a member of the Human Rights Commission will soon relinquish office to take over Lanka mission in Canada as HC), Sareeram Sri Lanka National Foundation, Hambantota District Chamber of Commerce, One-Text Initiative, the National Anti-War Front also led by Dr. Kumar Rupasinghe, the National Peace Council, the Center for Policy Alternatives, the Forum of Federations and the People’s Peace Front.
The Norwegians also provided funding to the TRO (Tamil Rehabilitation Organization) an LTTE front organisation. The Norwegians went to the extent of providing funding to the then LTTE Peace Secretariat though it knew the group was rapidly preparing to resume hostilities. When Norwegian funding of LTTE front organisations drew strong condemnation, they funded the setting up of a Buddhist academy in Kandy in addition to reconstruction of Buddhist temples on the southern coast destroyed by Dec 2004 tsunami.
However, Prof. Peiris in a note recently submitted to diplomatic missions, based in Colombo, ahead of the 48 Geneva sessions, emphasised that the March 2021 resolution adopted by a divided vote hadn’t been accepted by Sri Lanka, rejected establishment of an external evidence gathering mechanism targeting Sri Lanka and questioned the rationale in spending meager financial resources on such a politically motivated Geneva initiative. The FM’s note dealt with progress made as regards port-war reconciliation with the focus on OMP operations, Office of Reparations, Office for National Unity and Reconciliation, Sustainable Development Goals, National Human Rights Commission, Presidential Commission of Inquiry, Accountability, PTA, Pardon to ex-LTTE cadres, Resettlement of IDPs, Releasing of Lands, engagement with the civil society (Prof. Peiris referred to the discussion President Gotabaya Rajapaksa had with SLCC on Aug 3, 2021) and International Human Rights and other Treaty Obligations and Engagement with the UN Special Procedures Mandate Holders.
Midweek Review
Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum
The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court.
A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.
By Shamindra Ferdinando
Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.
A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.
What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.
The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.
The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.
President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.
Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.
The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.
Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.
Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.
Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.
Obviously, the NPP is not talking in one voice.
Rauff takes a strong stand
Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.
Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”
Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”
Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.
Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”
MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.
MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.
Killing of Balachandran
Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.
Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.
Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.
Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.
Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.
In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.
Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.
The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.
What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.
The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.
Critically important combined stand
As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.
Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.
All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.
Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.
The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.
Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.
The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.
Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.
There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.
But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.
The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.
The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.
Midweek Review
The Legacy Lost
Gladdening was the sight at morn,
For the folk of the invisible village,
Of mirthful children trekking to school,
And refuge did they take in the thought,
That at least their young would be spared,
The crushing ordeals of tenant farming,
Since they would come by some erudition,
But our elders are now up against the truth,
That all is not well at the humble school,
Since even the morsel of education,
Painstakingly dished out there,
Comes with scary price tags attached;
Making dropping out the best thing to do.
By Lynn Ockersz
Midweek Review
July 09: An inexcusable overall security failure and exceptional contingency plan
Ulugetenne
The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.
By Shamindra Ferdinando
The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.
The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.
But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.
In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.
Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.
The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.
Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.
In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.
In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.
Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.
Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.
Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.
The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/
Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.
Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.
SLN preparations
When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.
As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.
At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.
The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.
They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.
Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.
Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.
Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.
As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)
Nearly 12-hour journey to Trinco
The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.
As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.
Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.
During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.
The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.
On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.
On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.
Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.
Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)
However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.
Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.
Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence
The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.
Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.
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