Midweek Review
Former OMP Chief now at BASL helm

By Shamindra Ferdinando
Editor of ‘Annidda’, Attorney-at-Law K.W. Janaranjana, in a piece in its Feb 21, 2021, edition that dealt with the election of Saliya Pieris, PC, as the President of the Bar Association of Sri Lanka (BASL), asserted that the government hadn’t made a special intervention in the contest.
The government hadn’t made political intervention, though a group of people, including the Secretary of the Sri Lanka Podujana Peramuna (SLPP), and its National List MP, and Attorney-at-Law Sagara Kariyawasam, made a bid to secure the backing of the government for Saliya’s rival. Such attempts made at the provincial level, too, failed to produce the desired results.
Saliya Pieris, who succeeded Kalinga Indatissa, PC, polled 5,093 votes at the election conducted on Feb 24. His rival, Kuvera de Zoysa, PC secured 2,797 votes. The winner secured a staggering 2,386 vote majority – just 321 short of the number of votes polled by De Zoysa.
Janaranjana, a leading member of the civil society grouping Purawesi Balaya, who played a significant role in the yahapalana political campaign, claimed that some of the lawyers who represented top government figures, too, backed Saliya Pieris. Emphasizing that all of them worked for Saliya’s victory, Janaranjana dismissed assertions that the victory achieved by Saliya Pieris was a severe debacle suffered by the Rajapaksas.
Janaranjana attributed the President’s Counsel’s victory to his commitment to the rule of law, independence of the judiciary and human rights throughout his legal career.
A battle between SLPP and Opp.
In spite of the government refraining from taking a stand, as pointed out by Janaranjana, the contest received unprecedented attention, with the lawyer electorate turning it into a battle between the SLPP government and the Opposition. Saliya Pieris, in an exclusive interview with Janaranjana, also published on the Feb 21, 2021 edition of Anidda, three days before the election, flayed the rival group. Pieris emphasized the responsibility, on the part of the BASL, to take a principled stand on contentious issues, regardless of the consequences. Pieris explained his public role since the arrest of High Court Judge Mahanama Tillekaratne, in 1998. Essentially, Pieris flayed the BASL for its failure to take up issues, such as the alleged attack on the Mannar Court by supporters of the then Minister Rishad Bathiudeen, during Mahinda Rajapaksa’s presidential term. However, Bathiudeen, leader of the All Ceylon Makkal Congress (ACMC), now represents the Samagi Jana Balavegaya (SJB).
Pieris also referred to the impeachment of Chief Justice, Shirani Bandaranayake 43, also during the previous Rajapaksa administration. However, there hadn’t been any reference at all to the BASL receiving Rs 2.5 mn sponsorship, in 2016, from disgraced Perpetual Treasuries Limited (PTL) in support of a high profile event conducted at a leading hotel, with the participation of the then Chief Justice, Attorney General, Solicitor General, the President and the Prime Minister. The BASL never explained why funds were obtained from PTL, despite its perpetration of Treasury bond scams, in Feb 2015, and March 2016.
The BASL should be also be seriously concerned about Hejaaz Hizbullah, a prominent lawyer arrested on April 14, 2020 over his direct involvement with the 2019 Easter Sunday attacks. Hizbullah was recently produced in court on a directive issued by Attorney General Dappula de Livera. The lawyer’s arrest, too, caused a sharp division among BASL members and contributed to the overwheming victory achieved by Pieris.
When the writer asked a lawyer, who voted for the winner, why he did so, he explained his position, on the condition of anonymity. The lawyer said: “Voted at the DC polling booth in Colombo. I didn’t vote last time. Lawyers preferred an anti-establishment candidate since the independence of the bar is paramount. On the other hand, lawyers detested hitherto unseen level of inducements being offered to win votes, as well as fabricated false accusations. Anonymous accusations and despicable strategies resulted in further revulsion towards the losing candidate. Unprecedented number of members turned up to ensure a resounding mandate to the winning candidate.
Saliya Pieris responds
The writer sought views of the newly elected BASL President as regards several issues.
(Q) What would be your priorities?
(A) Securing the rights of lawyers in the profession; making a positive impact on issues pertaining to the rule of law, independence of the judiciary and protection of fundamental rights; supporting juniors in the profession and supporting the welfare of the membership.
(Q) You served as first Chairman, OMP (Office of Missing Persons), an apparatus set up in terms of the 2015 Geneva Resolution. GoSL in March 2020
quit the Geneva process. What can BASL do to address accountability issues, both during the conflict and the post war period?
(A) The role of the BASL is different from the OMP. As I have stated, upholding the rule of law, the independence of the judiciary will be a priority. All domestic institutions which address these issues must be independent so that the people who seek relief from them trust these institutions and have confidence in them.
(Q) You secured well over 2000 votes than your rival. How do you intend to win the confidence of those who voted against you?
(A) I have received support from lawyers, across the country and from every community and area. My support cut across all lines, be it party, race, religion or area. On the very day of the announcement of my election, I reached out to all those members who did not vote for me and will continue to.do so. At the same time, I am sure that the members who voted otherwise at the elections will work with me for the betterment of the bar.
(Q)What would you do to prevent deaths in police custody?
(A) Police torture and deaths in custody affect the rule of law and should be condemned. There must be zero tolerance. The Bar must carefully examine these issues and, if needed, lobby the government to ensure fair investigations and that the perpetrators are punished.
(Q) What is your stand on implementation of death penalty and presidential pardon?
(A) These have not been discussed at the Bar Council as yet. My personal view is that I am opposed to the implementation of the death penalty. On presidential pardons, I am of the view that the power of pardon must not be used unreasonably, and must be done by taking into account several factors including the nature of the crime and the views of the aggrieved party.
Let me remind the readers of nine previous BASL Presidents, before Saliya Pieris, who won the presidency: Desmond Fernando, PC (2005 – 2006), Nihal Jayamanne, PC (2006 – 2008), W. Dayaratne, PC (2008 – 2010), Shibly Aziz, PC (2010 – 2012), Wijeyadasa Rajapakshe, PC (2012 – 2013), Upul Jayasuriya, PC (2013 – 2015), Geoffrey Alagaratnam, PC (2015 – 2017), U. R. De Silva, PC (2017 – 2019) and Kalinga Indatissa, PC (2019 – 2021).
Of those 17,200 eligible to vote at the Feb. 24 election, approximately 8,000 voted, though usually only about 6,500 voted in previous years. In other words, nearly 47 per cent chose not to participate in the process.
Who betrayed the country?
Janaranjana discussed how the rival camp depicted Saliya Pieris as a person who betrayed the country by being involved in a treacherous international conspiracy to undermine the armed forces. According to Janaranjana, the rival camp exploited social media and other propaganda means to depict Saliya Pieris as a traitor whose election would lead to the division of the country, on ethnic lines. Janaranjana pointed out how the unprecedented victory achieved by Saliya Pieris proved the failure of the rival camp’s strategy.
Against the backdrop of unsubstantiated allegations, directed at Saliya Pieris, as regards his role as the Chairman of the OMP, it would be pertinent to examine the failure on the part of the BASL to genuinely address accountability issues related to Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE). The OMP was one of the four mechanisms established in terms of the controversial resolution 30/1 ‘Promoting reconciliation, accountability and human rights in Sri Lanka.’ The four apparatuses are (i) A hybrid judicial mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law (ii) A Commission for truth, justice, reconciliation and non-recurrence (iii) An Office for Missing Persons and (iv) and Office for Reparations.
The previous UNP-SLFP administration established the first permanent official body, tasked with tracking down missing persons, in terms of Act No. 14 of 2016. This was done in line with one of the recommendations in the 2015 UNHRC Resolution co-sponsored by the Government of Sri Lanka. Due to political turmoil, the government was able to establish the OMP two years after the Act was passed. The OMP initiated ‘operations’ in May 2018 with members visiting Mannar to meet the families of those disappeared in that District.
The OMP’s mandate, according to Part II Section 10 of the Office on Missing Persons Act, No. 14 of 2016:
(a) To search for and trace missing persons and identify appropriate mechanisms for the same and to clarify the circumstances in which such persons went missing;
(b) To make recommendations to the relevant authorities towards addressing the incidence of missing persons;
(c) To protect the rights and interests of missing persons and their relatives as provided for in this Act.
(d) To identify avenues of redress to which missing persons and relatives of missing persons are entitled to, and to inform the missing person (if found alive) or relative of such missing person of same.
(e) To collate data related to missing persons obtained by processes presently being carried out, or which were previously carried out, by other institutions, organizations, Government Departments and Commissions of Inquiry and Special Presidential Commission of Inquiry and centralize all available data within the database established under this Act.
(f) To do all such other necessary things that may become necessary to achieve the objectives under the Act.
Saliya Pieris received the appointment as Chairman, OMP on May 1, 2018. The civil society activist quit the Human Rights Commission of Sri Lanka (HRCSL) to take the leadership of the OMP. The outfit comprised Saliya Pieris, PC, Ms. Jayatheepa Punniyamoorthy, Major General (Rtd.) Mohanti Antonette Peiris, Sriyani Nimalka Fernando, Mirak Raheem, Somasiri K. Liyanage and Kanapathipillai Venthan.
The now defunct Constitutional Council picked the OMP members. The then President Maithripala Sirisena finalized their appointments. It would be pertinent to mention that OMP member Mirak Raheem had been a member of the Consultation Task Force on Reconciliation Mechanisms (CTFRM), headed by Attorney-at-Law Manouri Muttetuwegama. The outfit called for full participation of foreign judges in the proposed inquiry.
OMP’s intervention helps Lanka
The then Joint Opposition campaigned both in and outside the OMP, alleging the outfit would pave the way for unprecedented international scrutiny of the war-winning armed forces. However, thanks to OMP’s intervention, Sri Lanka was able to disapprove the high profile accusations, pertaining to the Mannar mass graves. Whatever the accusations, the OMP helped Sri Lanka to counter an extremely serious allegation raised in the run-up to the March 2019 Geneva sessions by UN human rights Chief Michelle Bachelet.
Bachelet served as the Chilean President for nine years, beginning 2006. Bachelet had been in an indecent hurry to pressure Sri Lanka over accountability issues and she blindly blamed the Mannar mass graves on the Sri Lanka Army before a leading US lab, contacted by the OMP, tested the bones and found them to be several centuries old and belonged to the colonial period. Unfortunately, the then government never bothered to further examine the Mannar mass graves case as part of an overall investigation into unsubstantiated allegations. In fact, Sri Lanka never properly examined the campaign conducted by interested parties to undermine post-war Sri Lanka.
President Mahinda Rajapaksa’s government brought the war to a successful conclusion in May 2009. Wartime disappearances are certainly politically sensitive issues, exploited by political parties here, as well as various other interested parties.
The scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains, sent from the Mannar mass grave site, quite upset the Tamil National Alliance (TNA). TNA appointed then Northern Province Chief Minister C.V. Wigneswarn rejected the US findings. Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.
The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”
Disappearance of Ekneligoda
However, Sri Lanka cannot ignore the issue as disappearances took place during successive governments. Disappearances took place during the conflict and also in the post-war period. The disappearance of media personality Prageeth Ekneligoda on the eve of the 2010 January presidential election, is a case in point. The failure on the part of Sri Lanka to address Ekneligoda disappearance increased international pressure on Sri Lanka. The government owed an explanation as regards the media personality’s disappearance over a decade ago. There cannot be any rationale in blanket denial of accusations. In fact, efforts to deceive the public, and the international community in respect of perhaps isolated cases such as the Ekneligoda disappearance had facilitated the high profile Western strategy meant to subvert Sri Lanka on unsubstantiated war crimes allegations.
With Saliya Pieris at the helm of the BASL, it can certainly play a significant role in Sri Lanka’s effort to ascertain the truth. The new BASL Chief, with valuable experience as a member of the HRCSL as well as the Chairman, OMP, can undertake a thorough examination of events/developments leading to the final confrontation between the Army and the LTTE on the banks of the Nanthikadal lagoon, in the Mullaitivu district, on the morning of May 19, 2009. The BASL had been largely silent on the Geneva issue though one of its high profile members, TNA lawmaker M.A. Sumanthiran, declared, in mid-2016, the acceptance of foreign judges in local war crimes investigation mechanisms. The declaration was made in Washington in the presence of the then Sri Lanka’s Ambassador there Prasad Kariyawasam. The Foreign Ministry remained conveniently silent on the issue. In August 2017, Kariyawasam received the appointment as the Foreign Secretary, whereas President Sirisena brought in Tilak Marapana, PC, and a one-time Attorney General as the Foreign Minister. Marapana, too, followed the UNP strategy. The UNP-led government turned a blind eye to the UK House of Lords disclosure on Oct 12, 2017 how the British government suppressed confidential dispatches from its Defence Advisor in Colombo Lt. Col. Anthony Gash (Jan-May 2009). The UK, now leading the Sri Lanka Core Group targeting the country in Geneva, in the absence of the US, continues to shamelessly suppress dispatches, pertaining to Sri Lanka, as the disclosure of such would jeopardize the Western campaign against the country.
Perhaps the appointment of Saliya Pieris couldn’t have taken place at a better time for the country. The respected lawyer received the BASL leadership, the day Foreign Minister Dinesh Gunawardena responded to Michelle Bachelet’s damning report. The writer is of the opinion that Minister Gunawardena, in his speech, should have requested Michelle Bachelet, as well as the 47-members of the UNHRC, to re-examine all available evidence, information and data. Minister Gunawardena should have formally requested the UK, a member of the UNHRC, to disclose all such dispatches sent by Gash to London. The UK released only a section of heavily censored dispatches, following the unprecedented intervention made by Conservative Party veteran Lord Naseby. Sri Lanka pathetically failed to exploit Gash dispatches in spite of Lord Naseby raising the issue, ahead of the Geneva sessions. Let me reproduce the relevant question raised by Lord Naseby and the response received.
Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, on Feb 16, 2021, told Parliament that the UK Government had not received any request from the Geneva Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka Gash about events in Sri Lanka related to the civil war, and had not provided any.
Lord Ahmad was responding to Lord Naseby’s query raised on Feb 4, 2021, whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009, relating to the civil war.
Unfortunately, Sri Lanka for some strange reason, refrained from raising the the US disclosure, in 2011, that battlefield executions didn’t take place, or confidential UN report that contradicted the main Geneva accusation the military massacred 40,000 civilians.
Perhaps, the BASL, under its new leadership, can examine the whole gamut of issues, with the focus on the UNSG’s Panel of Experts (PoE) report (March 31, 2011) that prevented examination of unsubstantiated war crimes allegations on the basis of which Sri Lanka co-sponsored the 2015 Geneva resolution. According to the PoE (paragraph 23, titled Confidentiality of the Panel’s records), the examination of unsubstantiated allegations wouldn’t be allowed till 2031 in terms of the UN directive. Even after the 20-year period of classification as confidential records, those unsubstantiated allegations wouldn’t be examined without a declassification review. Let us hope the BASL undertakes a thorough study on accountability issues. Pieris, is certainly the most qualified to lead the inquiry.
Midweek Review
Ranil in Head-to-Head controversy

Former Commander-in-Chief and ex-President Ranil Wickremesinghe’s inadequate defence of the war-winning armed forces underscores the failure on the part of successive governments to address war crimes allegations. Wickremesinghe’s responses highlighted Sri Lanka’s collective and pathetic failure to defend its armed forces. The country missed an opportunity to question the absurdity of UN war crimes accusations based on claims by persons who couldn’t be questioned till 2030 as a result of shocking confidentiality clauses in the Panel of Experts’ report. Imagine a one sided trial where you cannot cross examine your accusers for 30 long years. No wonder much of the world is increasingly demanding urgent reforms in the United Nations as much of its system is rigged by the collective West since its formation.
By Shamindra Ferdinando
Al Jazeera’s Head-to-Head presenter Mehdi Hasan and former President Ranil Wickremesinghe, in an interview recorded in February but released last week, dealt with the conclusion of the war against the Liberation Tigers of Tamil Eelam (LTTE) in 2009 without referring to the origins of terrorism here, while prolonging the narrative we were the bad guys throughout and not a word about the LTTE and how it terrorised this country for about 30 years.
The chosen audience at London’s Conway Hall, too, conveniently refrained from bringing up accountability on the part of India in sponsoring terrorism, beginning early ’80s. The issue is would there have been Mullivaikkal bloodshed if India didn’t step in here to pacify Tamil Nadu sentiments? Separatist terrorism received extensive backing in the West and there couldn’t be a better example than the LTTE being allowed to operate its International Secretariat in London, even after it assassinated former Indian Premier Rajiv Gandhi in May 1991, while campaigning in Tamil Nadu.
The discussion covered heavy defeat suffered by Wickremesinghe at the last year’s presidential election, still unfinished investigations into the 2019 Easter bombings, the failure on his part to prosecute the Rajapaksas, as well as why punitive measures weren’t taken against Gotabaya Rajapaksa, and unleashing the military on Aragalaya immediately after Parliament elected him President, in July 2022.
Hasan had conveniently forgotten that Wickremesinghe earlier threw his weight behind Aragalaya . Harin Fernando, who had been a SJB member of Parliament at the time of the Aragalaya, is on record as having said that Wickremesinghe directed him to join the campaign to oust Gotabaya Rajapaksa. One-time UNP MP Prof. Ashu Marasinghe, too, disclosed the UNP’s role in Aragalaya.
UK-born British-American broadcaster Hasan aggressively pushed Wickremesinghe on the accountability issues while the UNP leader, at least ended up defending General Shavendra Silva, the wartime General Officer Commanding (GoC) of the celebrated 58 Division (former Task Force 1) accused by the US and UN of perpetrating war crimes without providing any evidence.
Wickremesinghe should have exploited the reference made by the audience to the 1983 violence directed at the Tamil community to remind the world of the events leading to the unprecedented riots. Let me stress that no right thinking person would condone targeting civilians, under any circumstances. However, the country wouldn’t have erupted in July 1983 if not for the Indian military training Tamil terrorist groups and for some inexplicable reason, most probably out of fear, the failure on the part of JRJ to nip the riots in the bud. There were also some extreme elements of the UNP, led by its notorious trade union arm JSS, that perpetrated some of the violence. Some in the police, too, played a part in encouraging rioters, often to make a killing for themselves by taking part of the looted items. President Jayewardene even failed to address the issue for several days. The 1983 riots should be always examined, taking into consideration how the Indian trained LTTE terrorists successfully attacked an Army patrol at Thinnaweli, Jaffna. Of the 14-man contingent, only one survived. There had never been such a devastating attack on the Army, though there were sporadic small arms attacks on police.
Strangely, Hasan and Wickremesinghe discussed war crimes, atrocities and war-related allegations without once referring to the war waged by the Indian Army in the Northern and Eastern regions as if Indians were sacred cows. The audience, too, remained silent. Those who had been demanding accountability on the part of Sri Lanka never once questioned India’s culpability or the innumerable acts of terrorism resorted to by the LTTE, probably taking more Tamil lives, especially those of its rivals and moderate Tamils, who dared to speak up, than the number of security forces personnel and innocent Sinhalese civilians it killed. The fact that India suffered 1,300 officers and men killed and nearly 3,000 others wounded in encounters with the LTTE during July 1987-March 1990 deployment of its euphemistically called Indian Peace Keeping Force here proved the massive security crisis New Delhi helped to create here.
Have you ever heard of anyone seeking an explanation from New Delhi for the 1988 PLOTE (People’s Liberation Organization of Tamil Eelam) raid on the Maldives? Indian trained PLOTE cadres carried out the sea-borne operation, targeting the then Maldivian leader Maumoon Abdul Gayoom at the behest of influential Maldivian Abdulla Luthufee. Would Hasan, born to parents from Hyderabad, and nine at the time of the PLOTE raid, dared to question India’s culpability. We haven’t heard anyone demanding to know the identities of those who perished in the failed Maldivian operation or Sri Lankan Tamils killed in India after the assassination of its one-time Premier Rajiv Gandhi by a teenage suicide bomber in Tamil Nadu.
Seasoned politician Wickremesinghe could have taken advantage of the Head-to-Head ‘show’ to set the record straight in the presence of Frances Harrison, former BBC-Sri Lanka correspondent, Director of International Truth and Justice Project and author of ‘Still Counting the Dead: Survivors of Sri Lanka’s Hidden War,’ and Dr. Madura Rasaratnam, Executive Director of PEARL (People for Equality and Relief in Lanka), that was formed in 2005 in the run-up to the Eelam War IV (2006 August to 2009 May). The other panelist was former UK and EU MP and Wickremesinghe’s presidential envoy, Niranjan Joseph de Silva Deva Aditya whose interventions didn’t help Wickremesinghe at all. Aditya’s declaration towards the tail end of the 49-minute programme that Wickremesinghe caused a devastating split in the LTTE, in 2003, during Oslo arranged talks, seemed absurd.
Addressing a hastily arranged press conference in Colombo, Wickremesinghe alleged that the husband of Executive Director, PEARL and senior lecturer at City University of London Dr. Madura Rasaratnam, had been an associate of LTTE theoretician Anton Balasingham. Wickremesinghe asked her to correct him if he was wrong. It would have been better if Wickremesinghe reminded that the late Balasingham had been a British citizen and his Australian-born wife Adele, who promoted recruitment of child soldiers and appeared in LTTE ‘uniform’ and garlanded LTTE female soldiers with their trade mark cyanide capsule, which they always carried around their necks, as they passed out after undergoing training for propaganda purposes. She is now living in the UK, so perhaps Al Jazeera can interview Adele about her sordid role in marching those girls, many of them being underage, to a certain gory death, especially in the event of being captured, as they had been ordered by the LTTE to bite their cyanide capsules.
Hasan accused the Sri Lankan military of depriving the Tamil people of food, medicine and other basic essentials during the war. Unfortunately, former president and six-time Premier Wickremesinghe pathetically failed to counter often repeated lies. Had Wickremesinghe perused the UN Secretary General’s Panel of Experts (PoE) report (read Darusman report) released in 2011, he could have comfortably defended the war-winning military. The UN report acknowledged that the ICRC (International Committee for Red Cross)-run ships evacuated the wounded and the WFP (World Food Programme) sent food to Puthumathalan until the very end. Though the programme is headlined Head-to Head, our ex-President pathetically failed to counter Hasan with credible answers on one-sided questions raised by the interviewer.
Forgotten Lord Naseby’s disclosure
It would be pertinent to mention that Wickremesinghe’s UNP never backed our fighting the Eelam War IV. The UNP quite confidently thought the LTTE could never be defeated, militarily. Actually, the UNP humiliated the military and questioned Lt. Gen. Sarath Fonseka’s suitability to lead the Army. One of its top rung Ministers, the late Mangala Samaraweeer,a even claimed in public that Fonseka was not fit even to lead the Salvation Army, that would have been a case of USAID money disbursed underhand to people like him, working overtime.
Hasan accusing Wickremesinghe of defending the military and the Rajapaksas seemed ridiculous against the backdrop of the latter’s treacherous co-sponsorship of an accountability resolution against one’s own security forces at the Geneva-based United Nations Human Rights Council (UNHRC) by his government.
Then Premier Wickremesinghe teamed up with Yahapalana President Maithripala Sisisena to betray the warwinning military. In line with a backdoor agreement with the US and Tamil National Alliance (TNA), the Yahapalana government agreed to establish hybrid war crimes mechanism to investigate alleged war crimes.
The former President could have used Lord Naseby’s disclosure of confidential wartime British High Commission dispatches from Colombo to question Hasan and the audience on war dead. Both British diplomatic cables and a UN report that had dealt with war dead placed the figure between 7,000 and 8,000 whereas the PoE estimated 40,000 dead. Wickremesinghe couldn’t have been unaware of Lord Naseby’s revelation and the much discussed Colombo based US Defence Attaché Colonel Lawrence Smith’s declaration at the first ever Colombo Defence seminar, in 2011, regarding claims of planned surrender by a section of the LTTE. The writer was present at the event when Smith responded to questions raised by Maj. Gen. Ashok Mehta, who had served as the Indian commander in charge of the Barricaloa-Ampara sector during the 1987-1988 period.
“Hello, may I say something to a couple of questions raised. I’ve been the Defence Attaché here at the US Embassy since June 2008. Regarding the various versions of events that came out in the final hours and days of the conflict — from what I was privileged to hear and to see, the offers to surrender that I am aware of seemed to come from the mouthpieces of the LTTE — Nadesan, KP — people who weren’t and never had really demonstrated any control over the leadership or the combat power of the LTTE.
“So their offers were a bit suspect anyway, and they tended to vary in content hour by hour, day by day. I think we need to examine the credibility of those offers before we leap to conclusions that such offers were in fact real.
“And I think the same is true for the version of events. It’s not so uncommon in combat operations, in the fog of war, as we all get our reports second, third and fourth hand from various commanders at various levels that the stories don’t seem to all quite match up.
“But I can say that the version presented here so far in this is what I heard as I was here during that time. And I think I better leave it at that before I get into trouble”, he said.
No point in blaming Wickremesinghe for not exploiting such available information in the public domain when the warwinning team (read Rajapaksa governments) shamefully failed to mount an effective counter attack. The Rajapaksas were always in denial mode and never really wanted to address issues in a methodical way. Instead of using all available information to mount an effective defence, the Rajapaksa government squandered millions of USD for propaganda efforts in the US.
Wickremesinghe should have mentioned before the Conway Hall WikiLeaks revelations pertained to the war. WikiLeaks revealed a US dispatch that quoted ICRC Head of Operations for South Asia Jacques de Maio as having told US Ambassador in Geneva, Clint Williamson, though there had been serious violations of International Humanitarian Law, there was no genocide.
Perhaps, one of the most significant declarations that had been made by de Maio was that the Army actually could have won the military battle faster with higher civilian casualties, yet chose a slower approach which led to a greater number of Sri Lankan military deaths. Obviously Wickremesinghe hadn’t been aware of developments he should have been conversant with and as a result the former President couldn’t hit back hard.
How could Yahapalana Premier Wickremesinghe fail to mention two mega lies that had been propagated during his tenure, but subsequently exposed? High profile accusations regarding Mannar mass graves accepted no less a person than UN Human Rights Chief Michelle Bachelet and the then Northern Province Chief Minister C.V. Wigneswaran’s claim of the Army poisoning over 100 LTTE cadres in custody proved to be nothing but lies.
The Fonseka factor
Wickremesinghe could have mentioned conscription of children by the LTTE and indiscriminate use of women in high intensity battles, particularly in the Northern theatre. The ex-President failed to do so. Perhaps, Wickremesinghe should have reminded the Conway Hall crowd that the people of the Northern and Eastern Provinces had clearly disregarded unsubstantiated war crimes accusations by overwhelmingly voting for retired General Sarath Fonseka at the 2010 presidential election. Although Fonseka lost by a staggering 1.8 mn votes, he comfortably won eight predominately Tamil-speaking administrative districts, including Jaffna, just nine months after the conclusion of the war.
War crimes allegations ended up in a wastepaper basket the day the Tamil National Alliance (TNA), one-time LTTE mouthpiece, declared its support for Fonseka. Against the backdrop of the TNA backing Fonseka, whose Army had been accused of human rights violations on a massive scale, often repeated allegations seemed untenable.
Wickremesinghe cannot, under any circumstances, forget that episode as it was his project that brought UNP-TNA-JVP-SLMC and CWC together in 2010. WikiLeaks exposed US dispatches from Colombo pertaining to the US hand in the political project.
We haven’t heard of PEARL or any other organization with similar vision requesting the LTTE to release civilians held during the last phase of the fighting as a human shield by the besieged LTTE. Having forced over 300,000 people to accompany retreating LTTE units, they used them as human shields. The bottom line is that the Diaspora remained blind to civilian sufferings as long as they felt the LTTE could deliver a knockout blow to the Army on the Vanni east front. Canada-based veteran journalist, D. B. S Jayaraj, then considered as an authority on the conflict by many, confidently predicted, in late Dec. 2008, an impending devastating LTTE counter attack and the rolling back of the Army. Then Defence Secretary Gotabaya Rajapaksa, who had been a frontline combat officer during his entire military career till he retired in the early ’90s , told the writer at the time that the LTTE was not in a position to reverse the situation. Within two weeks, the Army overran Kilinochchi, the headquarters of the LTTE. That was the end of the story.
Wickremesinghe and none of those seated at the Conway Hall ever anticipated the fall of Kilinochchi in early January 2009 and the total collapse of the Tiger fighting formations, within five months.
RW’s response to Aragalaya
Hasan questioned Wickremesinghe regarding his response to Aragalaya as well as what was known as the Batalanda torture camp that existed in the late’ 80s.
Hasan never sought Wickremesinghe’s opinion on the alleged US role in Gotabaya Rajapaksa’s ousting, in spite of recent US declarations about USAID interventions in many parts of the world and accusations the US intervened in support of Aragalaya. Interestingly, Hasan found fault with Wickremesinghe for ordering the military to restore law and order while the former President recalled massive destruction caused by Aragalaya and the bid to storm Parliament. Wickremesinghe reminded Hasan how Aragalaya activists killed SLPP parliamentarian Amarakeerthi Atukorale at Nittambuwa. Atukorale was the last MP killed in violence. The LTTE and the JVP killed over 50 serving and ex-parliamentarians and many lesser politicians.
Batalanda operation, whether we like it or not, had been in line with President JRJ counter insurgency strategy at a time the JVP threatened to overwhelm the UNP-led dictatorial government, taking advantage of the Indo-Lanka accord and the deployment of the Indian Army here to inspire violence. Countries that had been threatened by terrorism adopted controversial measures such as ‘extraordinary rendition’ (apprehending/kidnapping suspected terrorists and detain them in countries where torture is widely practiced. The US-led operation received the backing of many countries, including the UK and Sri Lanka).
The second JVP insurrection had to be crushed, whatever the consequences were, though President JRJ should be held responsible for the catastrophic political measures that plunged the country into turmoil. Wickremesinghe had been a member of JRJ’s Cabinet and should be held collectively responsible for the mayhem the then President caused.
Proscription of the JVP in the run-up to the 1982 presidential election and the postponement of parliamentary election that was to be held in 1983 to 1989 caused resentment among all communities and set the stage for terrorist campaigns in the North and the South. The UNP that had caused so much political destruction is today represented in Parliament by just one MP (CWC member as the party contested under the Elephant symbol).
Wickremesinghe should be grateful to Hasan for not asking him to explain how under his watch the UNP deteriorated to such an extent that it was reduced to zero in Parliament. It would have been better if Hasan asked Wickremesinghe to explain why the Yahapalana administration from 2015 to 2019 borrowed billions of dollars from the international bond market, at high interest, and contributed to the economic bankruptcy of the country in 2022.
Midweek Review
Guru Geethaya:

A Melancholic Song for Public Education and Social Enlightenment
by Liyanage Amarakeerthi
Guru Geethaya , the song of a teacher, the Sinhala version of Chingiz Aitmatov’s famous novel, The First Teacher, is one of the most inspirational novels among Sinhala readers. Rendered to Sinhala by the veteran translator, Dedigama V. Rodrigo, the novel entered the Sinhala literary scene through the admirable efforts of the Progress Publishers of the former Soviet Union. And like many other Russian and Soviet classics, Guru Geethaya was available at a cheap price. Progress Publishers must be commended for that service. With the fall of the Soviet Union, one of the phenomenal entities that shaped our literary knowledge and taste, the Progress Publishers fell apart. Now, those Russian classics are not easily available, certainly not at an affordable price. Perhaps, a separate essay must be written about the progressive contribution that the Progress Publishers made to enrich Sinhala literary culture. And of course, those Russian classics were translated into Tamil as well.
Sinhala film of a Soviet Novel
Upali Gamlath has made a Sinhala film out of Guru Geethaya, and after waiting in line for many years, the film was recently released. It was heartening to see a sizable audience attended an evening show of Guru Geethaya last weekend at Kandy. I came to know that the film was doing well. Guru Geethaya, the film, regardless of its quality as a work of art, must continue to attract audiences, and it has potential to contribute to the rebuilding of the Sinhala film industry.
As a work of art, I have mixed feelings about Guru Geethaya. After all, it is the first film by the director. Here and there, there are glimpses of cinematic excellence. The actors in the leading role make an admirable effort to create the Duishen and Altynai, one of the best-known fictional couples in the Sinhala literary world. The Sinhala film version of the novel focuses mostly on the latent romantic relationship between the central couple. When Duishen arrives in this remote Kirgiz village in 1924 to establish a school, Altynai was just fourteen years old, and Duishen is, perhaps, in his late twenties. Just seven years after the Russian Revolution, the Soviet Union is in the process of propagating modern education even to distant villages in massive Soviet Russia. This idealist young teacher from the communist party wants the children of these backward hinterlands to receive modern education. When he arrives there, both parents and children of these mountains are illiterate and trapped in a tribal mode of existence. If there is anything called ‘education’ they have received, it is the religious dogma passed on to them by Islamic mullahs.
Youthful Idealism
In an extremely patriarchal world, a fourteen-year-old girl, an orphan, living under the oppression of distant relatives, Altynai has no hope for a happy future. And there is no hope for modern education. Right at that moment, Duishen arrives at the village as an agent of the Russian revolution and as a harbinger of revolutionary modernity. He is passionate about establishing a school there. By the third decade of the twentieth century, education is a right, and every child born into this world must be educated. In Soviet Russia, educating the Russian population was a goal of the revolution. ‘Abolition of illiteracy’ was a revolutionary goal often articulated by Lenin himself.
Among those village kids, only Altynai can share the idealism of Duishen. She has never known a school. But she instinctively knows that education is something desirable and the only way to get out of the trap of ignorance and poverty. In that male-dominated world ruled by Mullah-ethics, she is sold to be the second wife of a much older man. Duishen must liberate the girl from those uncultured men before she is sent away to Moscow for an education institute newly established by the Soviet government. The teacher manages to get her away those men but not before she was abducted and raped.
This slim novel, less than one hundred pages, captures the essence of what the agents of revolution had to face when modernising distant Soviet lands. Of course, they had to engage in this process of social development while the liberal West led by the US, and the religious West, led by the Catholic church, were unitedly working to defeat the revolution. Ironically, the Russian revolution shared many ideals of Western modernity. For example, the liberal West could have supported what people like Duishen were doing in these remote Kirgiz villages in the 1920s. But geopolitics did not work that way, especially during the cold war. It may be cold, but it was certainly ‘war’, and the West was so sure of it. We may have all kinds of issues about the brutality of Stalinist Russia, but the early idealism of the Russian revolution represented in this slim novel, The First Teacher or, Guru Geethaya, has been so inspirational for many of us in the developing world.
Growing up as a son of a working-class family in rural Sri Lanka, I would not have become a professor at a university without the free education system of our country. When I first read Guru Geethaya as a teenager in the mid 1980s, I literally fell in love with the novel. Of course, like many others, I too idealised the teacher, Duishen. Many years later, I learned that there were greater novels. Even among Russian novels, this is not the greatest. I would rate Doctor Zhivago, a critique of revolutionary violence and idealism, much higher than Guru Geethaya. Aitmatov himself has written greater novels- many of which have been translated into Sinhala. But people adore this slim novel about a devoted teacher. Perhaps, the love for our free education system is unconsciously projected onto Duishen. Sinhala people often liken good schoolteachers to Duishen.
As I said earlier, the focus of Upali Gamlath’s film version of the novel is on the unexpressed romantic love between Duishen and Altynai. In the novel as a man of revolution and as an adult, Dushen controls his emotions about the pretty and intelligent Altynai. In the Sinhala film, his love is much more pronounced though never expressed in words. In the novel, Altynai from her Moscow school writes a letter to Duishen expressing her love. We do not get to know whether he ever received it. By this time, World War II was around the corner, or the war had already arrived, and the counter-revolutionary forces in Russia were also creating troubles. Stalinist state machine is doing all the bad things that we now know. So, Duishen must have been preoccupied with other things. Or being an ideal teacher, he did not want to accept her love.
Creative Readings and a slim novel
It may be slim in terms of number of pages, but Aitmatov’s novel offers so much to an inventive reader. One could even argue that it is implicitly critical of the Soviet education endeavor. For example, with all due respect to the idealism and kindness of Duishen, he is an extremely limited first teacher. Except for his idealist loyalty to the communist party, he does not have any serious idea of education. In that sense, the novel can be read as an implicit critique of the kind of education the Soviet government established in distant villages. Except for just one girl, we do not know how many others were freed from illiteracy. During much of the early decades of the twentieth century, Lenin wrote extensively about the need for ‘proper education.’ Many of those writings have been collected as On Public Education (1975), again, by Progress Publishers. Writing to safeguard the revolution, by education Lenin meant, a kind of indoctrination aimed at liberating people from ‘bourgeois ideologies’ and getting them under the dictatorship of one party. For me, it is an extremely limited understanding of education. But when he firmly believed that “Russia is the country assigned by history the role of trailblazer of the socialist revolution(p. 77)”, it was easy for Lenin to see education as a huge propaganda programme intended to establish the dominance of a single party, by extension the dominance of a single ideology. When Duishen starts his school in the Kirgiz village, he pastes a photo of Lenin on the wall. There Duishen is an instrument of spreading the ideology of a single party. But with all those ideological limits, the revolutionary government was trying to make the Russian population literate. In a short essay called, “About our schools” written in 1913, included in the book mentioned above, Lenin explains how badly funded and poorly administered Russian schools were under the Tsar administration and religious authorities. It was clear that for the Tsar regime illiteracy was a tool of ruling. The role of teachers such as Duishen needs to be appreciated in that context.
By now history has given Guru Geethaya its proper place. It is a simple, short novel, about a teacher who attempted to live an ideal life within his own historical context.
In the novel, Aitmatov does not tell us what Dushen teaches. The content of that education is not known to us. Reading the novel now, and of course watching the movie, exactly one hundred years after Duishen arrived in that village, we are experienced and theoretically equipped enough to see beyond the context of the novel’s original context. The Sinhala movie, however, does not provide us with such rich artistic experience.
Saving the Girl/Women
When the revolutionary guards arrive in this remote village to assist Duishen, Altynai has been abducted and raped. If the education system was better planned the girl would have had a much more dignified life without going through that humiliation. Her traumatic experience is so much that she does not return to her village until after she becomes a professor, and she is invited to attend a function.
The Sinhala film industry seems to be making a comeback. And it needs a wide variety of movies to regularly attract a diverse audience. In that sense, I am more than happy that Guru Geethaya is doing well. At the same time, in the context of recent political change, where the need for revitalising our free education system is voiced from many quarters, this film is a melancholic song for an uplifting education. Not to get everyone under the ideological will of a single party, our education must be one that liberates us from all forms of dominance and authority.
Though written in 1962, the novel is set in 1924, which was also the year of Lenin’s death -an incident beautifully described in the novel. There he is represented as a visionary man who wanted to create a better future for these rural children. Within a very different context those who initiated the free education system in Sri Lanka also envisioned a better future for us. That is perhaps why Guru Geethaya has been a beloved piece of literature that draws crowds even to its film version.
Midweek Review
Her Story and His Come Together

By Lynn Ockersz
She and He have stood their ground,
In factories and farms down the ages,
Braving the lashings of manor and nature,
Invisible yet radiating the Dignity of Labour,
Giving selflessly the Bread of the nations,
And in March when She is celebrated,
For very good reason too, I assert,
It is apt to revisit the timeless lesson,
That in the matter of feeding the masses,
Her Story and His come together
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