Easter Sunday imbroglio!

Can Parliament, as an institution, absolve itself of the responsibility for tainted political parties? The House did nothing when the TNA recognised the LTTE as the sole representative of the Tamil speaking people. Both Parliament and the Election Department/Election Commission conveniently remained silent. Both institutions turned a blind eye when the TNA, on behalf of the LTTE, in blatant violation of the right to vote, ordered the Northern electorate to boycott the 2005 presidential election to ensure the defeat of Ranil Wickremesinghe as they thought it would be easier to prosecute the war successfully with Rajapaksa in power as he was unpopular with the West. May be the West, too, had a hand in that strategy for they, too, merely kept silent over TNA’s undemocratic demand to the Tamil electorate to boycott the vote. The TNA declared that the presidential poll was irrelevant therefore no point in the Tamil electorate exercising their franchise. But, the move was meant to ensure that normally pro-UNP majority of Tamils did not vote, thereby sealing candidate Ranil Wickremesinghe’s defeat and helping Mahinda Rajapaksa win. When the writer raised this issue with Kumaran Pathmanathan aka ‘KP’ in Aug. 2009, the one-time Chief LTTE procurer of weapons, too, declared that Rajapaksa’s victory would have created an environment conducive for an all-out war. Within three weeks after the 2005 presidential election, the LTTE resumed claymore mine attacks in the Jaffna peninsula. In January, 2006, the LTTE rammed suicide boats into a Fast Attack Craft off Trincomalee harbour. In late April 2006, the LTTE almost succeeded in assassinating Army Commander Lt. Gen. Sarath Fonseka. The Eelam war IV commenced in the second week of August 2006, just weeks after the Army neutralised the LTTE threat at Mavil-aru.

By Shamindra Ferdinando

A reference to the 2019 Easter Sunday carnage at the commencement of the 48th sessions of the Geneva–based United Nations Human Rights Council (UNHRC) was expected. Human Rights Commissioner Michelle Bachelet, in her oral update delivered on Sept.13 on the Situation in Sri Lanka dealt with the Easter Sunday massacre as revealed by Rev. Father Cyril Gamini Fernando, spokesperson for the National Catholic Committee for Justice (NCCJ).

The former Chilean President (2006-2010 and 2014-2018) Bachelet made two separate references to the 2019 Easter Sunday carnage. Let me reproduce them verbatim to ensure that The Island is not accused of trying to misinterpret facts.

Bachelet declared: “Despite various inquiries, the victims of the Easter Sunday bombings in 2019 and religious leaders continue to call urgently for truth and justice, and a full account of the circumstances that permitted those attacks.”

Referring to the Prevention of Terrorism Act (PTA), Bachelet said: “The Government has reaffirmed its intention to revisit the Act and established a Cabinet sub-committee for this purpose. However, I am deeply concerned about the continued use of the Act to arrest and detain people. Lawyer Hejaaz Hizbullah has now been detained for 16 months under the Act without credible evidence presented before a court. Likewise, Ahnaf Jazeem, a teacher and poet, has been detained without charge since May 2020. I urge an immediate moratorium on the use of the Act, and that a clear timeline be set for its comprehensive review or repeal.”

Bachelet conveniently refrained from stating why the one-time Attorney General’s Department Counsel Hizbullah (2005-2010) is in government custody. Bachelet was careful not to include Hizbullah’s arrest in the paragraph that dealt with concerns raised by the Catholic Church as regards the investigation into the heinous crime. In fact, the UK-led self-appointed Sri Lanka Core Group at the UNHRC on more than one occasion raised Hizbullah’s detention without making reference to the Easter Sunday carnage.

Now that the Catholic Church has declared that it had no option but to seek the intervention of the Vatican and UNHRC to pressure the government over the Easter Sunday investigation, Malcolm Cardinal Ranjith should explain his stand on the detention of lawyer Hizbullah in connection with the Easter carnage.

The Criminal Investigation Department (CID) arrested Hizbullah on April 14, 2020. The lawyer was charged on March 3, 2021.

Why did Bachelet make reference to Hizbullah’s arrest without directly naming him as an Easter Sunday suspect? Did UNHRC conduct its own inquiries before taking up Hizbullah’s issue at the 48th session?

Although Sri Lanka Core Group had referred to Hizbullah in its statements (44th, 45th, and 47th sessions) previously, Bachelet, in her statements to the council, had never mentioned the lawyer by name before the 48th session. May be Bachelet is simply prostituting her independence like so many UN big shots on matters of Western interests. No wonder, one of the first things that the Iraqi rebellion against the US-led invasion of that country did was to blow up the UN compound in Baghdad!

Sri Lanka Core Group comprises Germany, Canada, North Macedonia, Malawi, Montenegro, and the United Kingdom.

Obviously, both Bachelet and the Core Group have taken the Sri Lanka civil society (read Western backed NGOs’) stand on the lawyer. A number of civil society organisations made public statements on behalf of Hizbullah though the government insists on the lawyer’s involvement with extremists. Defence Secretary General Kamal Gunaratne in the run-up to the Geneva sessions declared that the government had irrefutable evidence as regards Hizbullah’s role in the suicide attacks blamed on the now proscribed National Thowheed Jamaat (NTJ) and other organisations with similar ideology.

Those who stood for him have described the lawyer as a minority rights advocate and legal counsel for Muslim victims of human rights violations. Amnesty International is among the groups that expressed concerns over Hizbullah’s arrest. The lawyer, held under the PTA, has handled litigation before the Labour Tribunals and Magistrate’s Courts to the Supreme Court.

Let us, however, not forget a very important fact about AI. It corroborated a fantastic piece of ‘evidence’ after the Iraq’s invasion of Kuwait in which a weeping teenager told the US Congress how she witnessed the invading Iraqi army pulling premature babies from their incubators in a Kuwaiti hospital. Later it came to light that she was merely acting from a prepared script and she was none other than the daughter of Kuwait’s then ambassador to Washington. And she was nowhere near the action. Her performance would have easily beaten Bush/Blair’s Weapons of Mass Destruction script.

Truth certainly is a first casualty when states go into war, but what about so-called neutral umpires like AI when they too make truth a casualty?

The European Parliament’s June 10, 2021 Resolution on Sri Lanka referred to Hizbullah. The lawyer seemed to be blessed with sufficient support both here and abroad to move even the UN system. The UNHRC taking up the Easter Sunday issue should be a matter for serious concern. The UNHRC meets thrice a year. With the Vatican, too, taking an active interest in the controversial investigation, UNHRC and Sri Lanka’s self-appointed Core Group are likely to keep it on the Geneva agenda.

SLPP in quandary over MS

 The Church accuses the SLPP government of turning a blind eye to the recommendations made by the Presidential Commission of Inquiry the (PCoI). In spite of repeatedly assuring the Church of transparent investigation and judicial process, free of political interference, the Church is furious over what it calls the the government’s failure to act on the PCoI report. The bone of contention is alleged attempts to save former President Maithripala Sirisena and the then head of State Intelligence Service (SIS) Senior DIG Nilantha Jayawardena.

Before taking up the PCoI’s specific recommendations pertaining to the former President and the Senior DIG, now turned state witness and in charge of the Central Province, it would be pertinent to name members of the PCoI appointed by Sirisena on Sept 22, 2019. Senior DIG Jayawardena received appointment as Senior DIG, East, in early January 2020 in the wake of the last presidential election.

Supreme Court judge Janak de Silva (Chairman), Court of Appeal judge Nishshanka Bandula Karunaratne, retired Supreme Court judges Nihal Sunil Rajapaksha and A. L. Bandula Kumara Atapattu and former Secretary to the Ministry of Justice W. M. M. R. Adhikari. H. M. P. Buwaneka Herath functioned as the Secretary to the Commission.

 The PCoI handed over its final report to President Gotabaya Rajapaksa on Feb 1, 2020. The first and second interim reports were handed over to President Gotabaya Rajapaksa on December 20, 2019 and on March 02, 2020 respectively.

In spite of President Rajapaksa no sooner after assuming office inquiring from Malcolm Cardinal Ranjith whether he wanted to suggest a new member or two to the PCoI, the Archbishop declined the opportunity for obvious reasons.

Rev Father Cyril Gamini Fernando has declared that there couldn’t be any justifiable reason for the refusal on the part of the government to implement the PCoI recommendations.

Rev. Fernando described the appointment of a six-member Committee, headed by Minister Chamal Rajapaksa to study the PCoI recommendations as well as the report of the Sectoral Oversight Committee on National Security submitted to Parliament, as political intervention meant to derail the process.

The six-member committee comprised ministers Chamal Rajapaksa, Johnston Fernando, Udaya Gammanpila, Ramesh Pathirana, Prasanna Ranatunga and Rohitha Abeygunawardena.

Rev Father Fernando declared they were quite horrified by Attorney-at-Law Harigupta Rohanadeera’s revelation that Senior DIG Jayawardena, named by the PCoI, would be a state witness. Rohanadeera made the declaration in his capacity as the Director General, Legal Affairs, President’s Office.

Rohanadeera was on Hiru ‘Salakuna,’ a live weekly programme telecast on Mondays. Obviously, those in authority hadn’t given due consideration to their own report, the Church spokesperson said, vowing to pursue a campaign for justice.

The Island sought a clarification from those closely following the case. The writer was told that Senior DIG Jayawardena would be a prosecuting witness in respect of indictments filed in cases to be heard beginning next month. But, in respect of cases pertaining to negligence, the Senior DIG wouldn’t be there as a prosecution witness.

SLPP troubled by key recommendations

The PCoI declared that there is criminal liability on the part of former President Sirisena for failing in his duties and responsibilities. The PCoI alleged Sirisena’s failure exceeds mere civil negligence. On the basis of evidence gathered, the PCoI recommended that the Attorney General consider criminal proceedings against the former President under any suitable provision in the Penal Code (PCoI Final Report, Vol. 1, p 265).

This recommendation, the first in a series of references, posed quite a political challenge as the former President Sirisena is now a member of the ruling SLPP parliamentary group. As the leader of the SLFP, the main constituent of the SLPP, judicial or otherwise measures against Sirisena who returned to Parliament from his home base of Polonnaruwa at the last parliamentary election can place the SLPP-SLFP relationship in jeopardy. The SLFP parliamentary group headed by Sirisena consists of 14 members, including the leader. Of the 14, 12 successfully contested on the SLPP ticket, one entered on the SLPP National List (Dr. Suren Ragavan) and one entered on the SLFP ticket.

The issue is whether the SLPP-SLFP partnership can survive if the Attorney General moves court against the former President. The Church is unlikely to take that factor into consideration as it steps up pressure on the SLPP administration. The government will find itself in an extremely difficult situation. Similarly, the UNHRC, too, faces a dicey situation. On one hand, Geneva wants Sri Lanka to go the whole hog against perpetrators of the Easter Sunday attacks. And on the other hand, it is seriously concerned about lawyer Hizbullah held over the Easter Sunday carnage. The UNHRC, too, is also in a dilemma.

Deputy Solicitor General Dileepa Peiris is on record as having compared the role of Hizbullah to that of the late Anton Balasingham, British national of Sri Lankan origin, who functioned as the LTTE’s ideologue until his very end.

The government parliamentary group comprises 145 members. The SLPP leadership is aware that their relationship with the SLFP is on thin ice against the backdrop of pressure to move against the former President. The SLPP does not want to lose the SLFP’s support at this moment.

The PCoI also recommended criminal proceedings under any suitable provision in the Penal Code (PCoI Final Report, Vol 1, pages 287-288) in respect of Senior DIG Jayawardena.

The government seems largely reluctant to implement the recommendations or delve into certain observations made by the five-member expert P CoI. Interestingly, the Church, in a missive dated July 12, 2021, addressed to President Rajapaksa, has questioned the rationale in the PCoI conveniently failing to make any specific recommendation in respect of the then Premier Ranil Wickremesinghe in its final findings, thereby literally alluding to possible bias on the part of PCoI vis-à-vis the UNP Leader.

To be fair by the PCoI it clearly pointed out Wickremesinghe’s lax approach towards Islam extremism, which deprived the then administration of an opportunity to take tangible counter measures. The PCoI asserted the UNP leader’s failure facilitated the Easter Sunday carnage (PCoI Final Report, Vol 1, pages 276-277). The Church declared: “Our view is that there should be additional investigations on this matter. We need not stress that there on that fact, Wickremesinghe, in spite of his holding special powers under the 19th Amendment, followed a soft approach. It is, in our view, a serious act of irresponsibility and neglect of duty.”

Links between suicide bombers and political parties

A wider investigation is required to find out the actual links between the Easter Sunday attackers and political parties. The SJB has repeatedly demanded justice for the Easter Sunday victims. But, Vanni District MP Rishad Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now in judicial custody, remains with the main Opposition party. The SJB demands implementation of the PCoI recommendations but has chosen to remain silent on Bathiudeen. The PCoI has recommended criminal proceedings against Bathiudeen under any suitable provision of the Penal Code whereas reference was also made to his brother, Riyaj Bathiudeen now also back in custody.

It would be pertinent to mention that Riyaj who had been taken into custody was clandestinely released by the CID under controversial circumstances. The release coincided with some members of the ACMC voting for the 20th Amendment passed by the Parliament in Oct 2020.

A majority in the SLPP demanded an inquiry from President Gotabaya Rajapaksa and Premier Mahinda Rajapaksa into Riyaj’s release. The then Attorney General, too, sought an explanation from the CID. The government never revealed why Riyaj was released. However, he was taken back into custody later following a growing outcry over his abrupt release.

The ACMC leader has served in the cabinet of Mahinda Rajapaksa (2020-2015) and President Maithripala Sirisena (2015-2019). The incumbent government cannot ignore accusations that during Rishad Bathiudden’s time as the Trade and Commerce Minister of MR and MS cabinet, the politician supported the Colossus copper factory at Wellampitiya managed by the family of two of the Easter Sunday suicide bombers, Imsath Ahmed Ibrahim and Ilham Ahmed Ibrahim and their father, Mohamed Ibrahim, the founder of Colombo-based Ishana Exports, which describes itself on its website as the ‘largest exporter of spices from Sri Lanka since 2006.’

The JVP never really explained the circumstances Mohamed Ibrahim ended up on their National List at the 2015 parliamentary election. Ibrahim is in custody.

Colossus management had direct access to the highest Offices in the land. During the Yahapalana administration, the Colossus sought supply of copper from the Presidential Secretariat. Interestingly, defeated UPFA lawmaker Shantha Bandara had been the recipient of the Colossus letter at the Presidential Secretariat. Shantha Bandara is now a member of the ruling SLPP. Bandara represents the Kurunegala District.

2019 presidential election

Defence Secretary Gen. Kamal Gunaratne and Rohanadeera recently countered accusations that the 2019 Easter attacks were meant to benefit SLPP candidate Gotabaya Rajapaksa. ‘Salakuna’ anchor Chamuditha Samarawickrema raised the issue with Rohanadeera, who pointed out that the results of the 2018 Feb Local Government polls indicated the ground situation at that time. Gen. Gunaratne declared at a recent meeting that there was absolutely no basis for such accusations and it was a despicable attempt to tarnish President Gotabaya Rajapaksa.

Academic Dr. Rajan Hoole’s ‘Sri Lanka’s Easter Tragedy: When the Deep State gets out of its Depth,’ discussed the circumstances leading to the Easter carnage. Hoole shed light on the complex web of secrets/situations/relationships that led to the Easter carnage. Dr. Hoole, who authored ‘The Arrogance of Power: Myths, decadence and murder,’ in January 2001, blamed the State elements for the attack. Dr. Hoole is unambiguous in his accusation that those who backed SLPP candidate Gotabaya Rajapaksa created an environment to deprive the Muslims of an opportunity to vote at the Nov 2019 presidential election. The author asserted that attempt failed while making reference to the plantation Tamils being disenfranchised in 1949, consequent to the 1948 Citizenship Act.

In Chapter 4, Dr. Hoole briefly discussed the possibility of the failure on the part of the now proscribed NTJ to secure representation in Parliament at the August 2015 general election. Had the NTJ succeeded in securing a foothold in Parliament, the Easter Sunday carnage might not have happened, Dr. Hoole asserted, declaring that the NTJ adopted an aggressive strategy, in the wake of the electoral failure. Dr. Hoole based his quite controversial assessment on an electoral agreement, involving the NTJ, M.L.A.M. Hizbullah of the UPFA (United People’s Freedom Alliance) and Abdul Rahuman and Shibly Farook (both members of SLMC-Sri Lanka Muslim Congress, a constituent of the UNP-led coalition).

Dr. Hoole likened the attempt made by Kattankudy-born Zahran Hashim to have some of his nominees, in Parliament, to that of Prabhakaran’s successful arrangement with R. Sampanthan of the TNA. In terms of the agreement finalised in 2001, the TNA acknowledged the LTTE as the sole representative of the Tamils, two years after the high-profile assassination of TULF lawmaker, Neelan Thiruchelvam, in 1999.

President Sirisena had no qualms in accommodating defeated M.L.A.M. Hizbullah in Parliament on the UPFA National List. Hizbullah was among over half a dozen defeated UPFA candidates, accommodated on its National List. National List MP Hizbullah functioned as the Batticaloa political lord until he resigned in January 2019 to pave the way for President Sirisena loyalist, Shantha Bandara, to enter Parliament (The man who helped Colossus procure scrap copper from the state at a nominal price usually reserved for craftsmen and cottage industrialists). Hizbullah was named the Eastern Province Governor. At the time of the Easter attacks, Hizbullah served as the Eastern Province Governor and Chairman of the controversial Batticaloa Campus (Pvt) Limited.

In a report presented to the Parliament Sectoral Sub-Committee on Higher Education and Human Resources, the scandalous politician identified himself as Dr. M.L.A.M. Hizbullah. In spite of failing to get elected from the Batticaloa District with NTJ backing, did Hizbullah serve the interests of Zahran Hashim?

Whatever the political parties may say, both major political alliances, the SLPP and the SJB are tainted. There is no point in denying the fact that the way the TNA continues to politically suffer due to its disgraceful alliance with the LTTE sometime ago, other political parties and alliances experience difficulties as a result of their relationship with Zahran’s group.