News
Universal jurisdiction: Manohara asks whether US visa refusal aimed at Gotabaya’s arrest
By Shamindra Ferdinando
Manohara de Silva, PC, says the rejection by the US of a visa application by Gotabaya Rajapaksa towards the tail end of the latter’s presidential term may allow Western powers to arrest him in terms of the Geneva Resolution.
The President’s Counsel emphasised that the Geneva Resolution authorised universal jurisdiction by accepting the report of the UN High Commissioner for Human Rights on Sri Lanka. The High Commissioner conducted that investigation, in terms of the Geneva Resolution (A/HRC/25/1), adopted in Match 2014.
Sri Lanka co-sponsored Geneva Resolution on Oct 01, 2015, brought in by the US. The UNHRC consists of 47 countries, divided into five zones.Responding to The Island queries, de Silva said the possibility of Western powers moving against the wartime Defence Secretary couldn’t be ruled out, especially against the backdrop of declaration in the House of Commons that the ex-President should be arrested.
Sir Ed Davey, leader of the Liberal Democrats, last week told the House of Commons that an international arrest warrant should be issued in respect of Gotabaya Rajapaksa and his cronies.Scottish National Party MP Alyn Smith told the House of Commons that though the President had fled Sri Lanka, he couldn’t flee accountability. Smith asked the UK Minister for Asia and the Middle East, Amanda Milling, whether she agreed that the President, and those officials who had been complicit in acts of humanitarian abuses, would and must be held accountable, and would the UK contribute to those international efforts?”
Sri Lanka brought the war to a successful conclusion on the banks of the Nanthikadal lagoon on the morning of 19 May 2009.De Silva, who was a member of the expert team that prepared a new draft Constitution, said the US might have one if its allies carry out the arrest. President Rajapaksa left the country in an SLAF plane for the Maldives, less than 24 hours after protesters overran the President’s House, and from there flew to Singapore, from where he sent his letter of resignation, through the Sri Lankan mission in Singapore.
Rajapaksa relinquished his US citizenship ahead of the last presidential election, in Nov 2019. The 19th Amendment to the Constitution barred foreign passport holders from contesting either presidential or parliamentary polls.
India also categorically denied having any role in facilitating the departure, or travel, of former President Gotabaya Rajapaksa from Sri Lanka.De Silva said that whatever the political differences, the vast majority of people certainly didn’t want the West to prosecute political leaders, and the military, under any circumstances.
Responding to another query, the top lawyer said that actually political parties represented in Parliament and other stakeholders should explain their stand on the contentious issue at hand.Since Sri Lanka co-sponsored the Geneva Resolution, eight years ago, the US and Australia denied visas to several top officers, both serving and retired. Among them were Field Marshal Sarath Fonseka (US/retired), Maj. Gen. Udaya Perera (US/retired) and Maj. Gen. Chagie Gallage (Australia/serving). The US also blacklisted General Shavendra Silva in Feb 2020.
De Silva said that Sri Lanka should, at least now, rethink its response to the Geneva threat. Those who had been in political authority, particularly since Nov 2019 till 09 July 2022, should be ashamed that Lord Naseby’s disclosures, pertaining to unsubstantiated war crimes accusations, were never properly used to counter lies propagated by interested parties, de Silva added.
SLPP lawmaker Rear Admiral Sarath Weerasekera said that the government should address the issue without delay. Western powers could exploit the ex-President predicament to humiliate Sri Lanka, experiencing a severe financial-political-social crisis, the former Public Security Minister told The Island.
The Colombo District MP said that the previous leadership neglected the accountability issue. The government’s failure to do so has now created an environment conducive for interested parties to go after top political and military leaders, Weerasekera said. Parliament, too, should look into this matter, the MP said, adding that current political imbroglio was not an excuse for abandoning the President.
News
Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds
Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.
Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.
The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.
The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).
Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.
Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.
Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.
By Shamindra Ferdinando
News
Former Minister Nalin raises defence of double jeopardy
The Court of Appeal yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.
The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.
Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.
Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.
He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.
The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.
The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.
The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.
Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.
News
UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage
The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.
In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.
According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.
The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.
Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.
The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.
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