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Midweek Review

Geneva challenge: Sabry needs to review ‘case’ anew

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Ali Sabry, PC, responds to media queries at his Ministry on Sept. 05

In a classified diplomatic cable from Colombo, wartime US Ambassador here Patricia Butenis categorized President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and Basil Rajapaksa and common candidate at the 2010 presidential poll General Sarath Fonseka as war criminals. The cable released by whistle-blowing website Wikileaks, written by Butenis weeks ahead of the presidential poll conducted in late January 2010, revealed how irresponsible the then US envoy had been. Her own defence advisor publicly contradicted her at the first defence seminar held in Colombo in the following year. But, the Rajapaksa government never bothered to examine the full picture. Instead, it engaged in utterly foolish practices. Squandering of USD 6 mn in a vain attempt to influence Washington with a harebrained ‘propaganda’ project involving the Central Bank. Washington might allow such practices by countries like Israel, which openly finances friendly US legislators and openly works against even Jewish politicians if they dare to criticize Israel. In retrospect, the controversial appointment of Rajapaksa family member Jaliya Wickremasuriya as Sri Lanka’s Ambassador to Washington (2008-2014) should be examined against the backdrop of a US court recently finding him guilty for robbing the Sri Lankan government. Let me remind the readers that Wickremasuriya’s appointment was cleared by Parliament.

By Shamindra Ferdinando

Referring to the 51st sessions (Sept. 12 to Oct 07, 2022) of the Geneva-based United Nations Human Rights Council (UNHRC), Foreign Minister Ali Sabry, PC, last week bluntly declared that Sri Lanka wouldn’t accept any “external mechanism, external evidence gathering mechanism, charging citizens outside the country, getting hybrid judges to come and hear the cases, all these are against the Constitution. So we can’t agree to that.”

The SLPP National List lawmaker stressed “Sri Lankan citizens will not be allowed to be charged outside the country” and “foreign judges will not be permitted to sit in judgment over cases in Sri Lanka.”

Former People’s Alliance lawmaker M.M. Zuhair, PC, (1994-2000 during the CBK presidency) quite rightly challenged Sabry’s stand on an external evidence gathering mechanism against the backdrop of Sri Lanka allowing the US and Australian investigators probe the 2019 Easter Sunday suicide attacks no sooner they were carried out. Emphasizing such investigations, that had been undertaken by outsiders, weren’t subjected to approval by the relevant judicial authority here, the former Ambassador to Teheran (2006-2012 during MR presidency) questioned the rationale in Sri Lanka’s rejection. Zuhair asked for urgent review of Sri Lanka’s stand.

Minister Sabry addressed the media, with Foreign Secretary Aruni Wijewardane seated next to him, at the Foreign Ministry. Wijewardane was called back from retirement in May this year to succeed Admiral Jayanath Colombage whereas President Ranil Wickremesinghe brought in Sabry as the Foreign Minister in place of Prof. G.L. Peiris, the famed legal academic who joined the rebel SLPP group that made an abortive bid to elect MP Dullas Alahapperuma as the new President, while the party backed eventual successor Ranil Wickremesinghe to complete the remainder of Gotabaya Rajapaksa’s five-year term.

Sabry had been the wartime Defence Secretary and President Gotabaya Rajapaksa’s Counsel in several high profile cases, including the Ukrainian MiG-27 deal and a leading campaigner in the run-up to the 2019 presidential election, which GR won handsomely. When the writer sought a clarification from Sabry regarding the US snubbing President Gotabaya Rajapaksa’s request for a visa against the backdrop of Field Marshal Sarath Fonseka and Maj. Gen. Chagie Gallage being denied visas based on unsubstantiated war crimes accusations, the President’s Counsel pointed out that Western powers had blacklisted not only individuals but entire fighting Divisions deployed on the Vanni front (2007-2009).

The US in Feb 2020 announced that Gen Shavendra Silva and his immediate family would not be permitted to enter the US though they never applied for visas.

This is unlike substantiated crimes committed by the US, the UK and Australian forces as was revealed by their own probes from Guantanamo Bay to Iraq, and Afghanistan, but were swept under the carpet.

With the Geneva sessions underway, it would be pertinent to discuss issues at hand pertaining to accountability issues as the government struggled to cope up with the developing political-economic-social crisis that had overwhelmed the country.

A statement issued by the Foreign Ministry recently disclosed the pathetic situation and its further deterioration. On a request made by Sri Lanka’s Ambassador to Myanmar and Attorney-at-Law, J.M. Janaka Priyantha Bandara, the cash-strapped government recently received 1,000 metric tonnes of white rice worth SLR Rs 170 mn (USD 463,215) from that poor country also struggling with many woes. The Foreign Ministry stated: “The donation was granted in response to a request made by Ambassador Janaka Bandara when he presented credentials to the State Prime Minister of Myanmar Senior General Min Aung Hlaing during the credential ceremony on 7 June 2022 and also in commemoration of the 73rd anniversary of diplomatic relations between the two countries.

The former SLFP National List MP received the diplomatic posting amidst the worst-ever economic turmoil and took over the mission there seven days before Prime Minister Mahinda Rajapaksa quit following SLPP goons going on the rampage at Galle Face on May 09, which was used as a pretext to unleash pre-planned and well-coordinated attacks on mainly SLPP ministers and MPs, which left scores of homes and other properties of such politicians being attacked, looted and torched across the country and also several killings, including that of Polonnaruwa District SLPP Parliamentarian Amarakeerthi Athukorala and his police bodyguard at Nittambuwa, lynched by a mob.

Zuhair pointed out to Sabry the need to change the strategy. Let me reproduce that verbatim. “At a time when the country is increasingly dependent on the assistance of foreign countries to tackle the deepening economic crisis and the steeply rising cost of living, the government must objectively address the human rights concerns alleged against Sri Lanka in the UN Human Rights Council (UN HRC) commencing sittings in Geneva.”

Lanka’s assurance on foreign judges

At the time Sri Lanka brought the war to a successful conclusion on the banks of the Nanthikadal lagoon in May 2009, Rohitha Bogollagama served as the Foreign Minister (2007-2010). President Mahinda Rajapaksa brought in Bogollagama in early 2007 after sacking Mangala Samaraweera. Prof. G.L Peiris served as the Foreign Minister (2010-2015) and was replaced by Mangala Samaraweera in 2015 with the coming to power of the yahapalana (good governance) regime, which proved to be anything but that when its leading lights robbed the Central Bank twice.

The yahapalana administration thereupon moved Samaraweera to the Finance Ministry and brought in the then Finance Minister Ravi Karunanayake as the Foreign Minister in the wake of shocking revelations at the Presidential Commission of Inquiry that probed the Treasury bond scams. In the same reshuffle one-time Attorney General Tilak Marapana received the Foreign Affairs portfolio (August 2017-Nov 2019). Dinesh Gunawardena received the Foreign Affairs portfolio after 2019 presidential election but was replaced by Prof. Peiris in August 2021.

Following a split in the SLPP in the wake of Gotabaya Rajapaksa’s resignation and UNP leader Wickremesinghe being elected the President in July by Parliament, Sabry was brought in as the Foreign Minister.

In spite of the much publicized Sri Lanka’s withdrawal from the Geneva Resolution 30/1, announced by Dinesh Gunawardena, at the 43rd session of UNHRC in March 2020, Sri Lanka firmly remained committed to the process. That is the undeniable truth. Sri Lanka’s Permanent Representative in Geneva Ravinatha Aryasinha accepted the 30/1 on specific instructions issued by Mangala Samaraweera on the advice of then Premier Ranil Wickremesinghe. President Maithripala Sirisena, though he made public statements contrary to the position taken by his government, however did absolutely nothing to alter the status quo.

The yahapalana government entered into the Geneva Resolution on Oct 01, 2015 regardless of the strong criticism of the US-led move by Ambassador Ravinatha Aryasinha. The Tamil National Alliance (TNA) that strangely backed General Sarath Fonseka and Maithripala Sirisena as the common candidates at the 2010 and 2015 presidential elections, respectively, declared its position on foreign judges in June 2016. On behalf of the TNA, the then National List lawmaker M.A. Sumanthiran, PC, disclosed a tripartite agreement among the US, Sri Lanka and the TNA. The disclosure was made in the presence of the then Sri Lankan Ambassador to the US Prasad Kariyawasam, who subsequently returned to Colombo to receive appointment as Foreign Secretary at the time of Foreign Minister Tilak Marapana.

The TNA’s partner Global Tamil Forum (GTF) spokesperson Suren Surendiran at that time told the writer that this tripartite agreement had been the basis for the Geneva Resolution co-sponsored by Sri Lanka.

Sumanthiran didn’t mince his words when he insisted that foreign judges weren’t contrary to the country’s Constitution. Those who opposed Geneva interventions conveniently refrained from challenging Sumanthiran in Parliament. Actually, refusal to allow external evidence gathering mechanism is questionable as the country remains committed to the 2015 Resolution. That is the undeniable truth.

In response to The Island queries at the Foreign Ministry briefing, Sabry acknowledged that Western powers had already taken action against the findings made by the Panel of Experts (PoE) in 2011. Over a decade after the eradication of the LTTE, successive governments hadn’t been able to reach a consensus on a common stand on war against separatist terrorism.

Sumanthiran’s disclosure

The TNA made available Sumanthiran’s audacious statement, to The Island, soon after he delivered it at the ‘Congressional Caucus for Ethnic and Religious Freedom in Sri Lanka’ in Washington D.C. on June 14, 2016.

On behalf of the TNA, Sumanthiran claimed to have reached a tripartite consensus in respect of foreign judges, defence attorneys, investigators, etc., in a Sri Lankan judicial mechanism to probe war crimes.

Sumanthiran told the gathering that the government of Sri Lanka, the TNA and the US had been involved in the negotiations leading to the agreement.

In his brief remarks, Ambassador Kariyawasam provided an overview of the measures taken by Sri Lanka to promote its two-pronged policy of reconciliation and development since the January 2015 election of the yahapalana government and reiterated in detail, measures taken by that government to vindicate its commitment to these processes and explained the several challenges that militate against government efforts. A statement issued by the Sri Lankan Embassy in Washington didn’t make any reference to Sumanthiran’s shocking disclosure.

In another shameless and impudent act, the same yahapalana administration brought back ex-ambassador Kariyawasam as an advisor to then Speaker Karu Jayasuriya paid for by Washington.

Sumanthiran told the Washington gathering that the resolution was moved in Geneva following an understanding that the participation of foreigners wouldn’t be contrary to the Sri Lanka Constitution.

Declaring that he had been personally involved in the negotiations with the US and also participated in that particular process, Sumanthiran said there were some doubts created, as to whether the Constitution of Sri Lanka would allow for foreign nationals to function as judges and we went into that question, clarified it, and said yes they could.

Sumanthiran told the Congressional Caucus that the resolution accepted at Geneva had been negotiated and they settled for a hybrid model though they originally asked for an international inquiry.

When the writer raised this issue with Marapana immediately after he took over the Foreign Ministry, the former AG declared that the 1978 Constitution wouldn’t permit the inclusion of foreign judges in the proposed domestic Judicial Mechanism under any circumstances.

Marapana quite conveniently forgot that a government appointed body in January endorsed the Geneva Resolution. The Consultation Task Force on Reconciliation Mechanisms (CTFRM) called for full participation of foreign judges, and other personnel, including defence lawyers, prosecutors and investigators, in a transitional justice mechanism to address accountability issues. The CTFRM comprised Manouri Muttetuwegama, Dr Paikiasothy Saravanamuttu, Gamini Viyangoda, Prof. Sitralega Maunaguru, Dr. Farzana Haniffa, Mirak Raheem, Prof. Gameela Samarasinghe, Visaka Dharmadasa, Shantha Abhimanasingham, PC, K.W. Janaranjana and Prof. Daya Somasundaram.

Perhaps, Sabry should receive a comprehensive briefing regarding Sri Lankan’s faltering process in response to the Geneva challenge. It would be pertinent to ask whether the Foreign Ministry submitted the relevant records pertaining to Geneva Resolution, including the entire set of declassified British diplomatic cables from its High Commission in Colombo to the UK Foreign Office (January-May 2009) and WikiLeaks revelations, as the new Foreign Minister.

On the basis of those dispatches, Lord Naseby has repeatedly stressed that the dispatches from Colombo didn’t collaborate the five main accusations levelled against Sri Lanka. The House of Lords member quoted Lt. Colonel Gash (wartime Colombo-based UK Defence Advisor) having denied accusations that the then President Mahinda Rajapaksa ordered the elimination of Tamil civilians, and there was no basis for claims that specific no-fire zones had been established by the military to kill those who gathered in them, and attempts had been made to starve the Vanni population.

There was absolutely no justification for claims of genocide, and the dispatches had cleared Sri Lankan military of holding civilians in clandestine detention camps such as Menik Farm. Lord Naseby pointed out that the ICRC had been present at the Menik Farm from day one. But, Sri Lanka never presented its case properly before Geneva. Sri Lanka lacked backbone at least to go on record how India caused a bloodbath here.

A dismal performance

Sri Lanka should set the record straight. The responsibility on the part of the Ministries of Foreign Affairs, Justice and Defence should be acknowledged. The Lakshman Kadirgamar Institute, National Defence College and Kotelawela Defence University should at least now initiate thorough examinations of accountability issues and make recommendations to the ministries of Foreign Affairs and Defence. Perhaps the Parliament should seriously consider a Select Committee to examine the entire gamut of issues as part of the overall measures to meet the Geneva challenge.

The following are the issues that need attention: (1) Dismissal of war crimes accusations by war time US Defence Attaché Lt. Col. Lawrence Smith in Colombo. The then US official did so at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US defence attaché’s statement along with Lord Naseby’s Oct 2017 disclosure based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. Sri Lanka never did so. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead it merely sought to disown its own culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations that debunked the allegation Sri Lanka deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives claimed by UN and various other interested parties. The UN estimated the figure at 40,000 (March 2011) The UN in a confidential report placed the total number of deaths at 7,721 whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of the UK Parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on Mannar graves while Western diplomats played politics by quickly putting the onus on Sri Lanka only to be proved utterly wrong. Acting at the interest of those hell-bent on blaming Sri Lanka, Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Governor Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. The then Human Rights Commissioner Michelle Bachelet went to the extent of commenting on Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019. We come to wonder whether she was actually a victim of Gen. Pinochet or a mere manufactured victim.( UN Secretary-General Antonio Guterres recently announced the appointment of Volker Turk of Austria as the next UN High Commissioner for Human Rights, following approval by the UN General Assembly.)

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is 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.” (6) Wigneswaran, in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court judge had been timed to attract international attention. Wignewaran is on record as having said a US medical team visiting Jaffna at that time would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign mainly funded by the West to coerce the country to adopt a new Constitution. Unfortunately, the incumbent government, too, is yet to examine the Geneva issue taking into consideration all available evidence, information and data into consideration.



Midweek Review

Gotabaya’s escape from Aragalaya mob in RTI spotlight

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Crowds throng Janandhipathi Mandiraya after President Gotabaya Rajapaksa vacated the building on 9 July , 2022.

The Court of Appeal declared on 09 March, 2026: “On the facts currently before us, the application of the exemption contained in Section 5 (1) (b) (i) of the Act is unsustainable. There is a little logical connection between the requested statistics in this information request (that do not pertain to the personal details of individuals) and national security. We see that asserting that national security is at peril, is not a “blanket or unreviewable justification” for withholding information. It should be noted that any restriction must be strictly necessary, proportionate, and supported by a “demonstrable risk of serious harm to the State.” In the case in hand, the Petitioner failed to establish a clear nexus between the disclosure of naval voyage expenditures and any genuine prejudice to national security under Section 5(1)(a) of the Right to Information Act. In the absence of specific evidence, the reliance on security is characterised as a “generalised assertion or mere assertion” cannot be a panacea, we hold it is insufficient to meet the statutory threshold.”

By Shamindra Ferdinando

The deployment of SLNS Gajabahu (P 626), an Advanced Offshore Patrol Vessel (AOPV), on the afternoon of 09 July, 2022, to move the then President Gotabaya Rajapaksa, being pursued by a violent aragalaya mob, to safety, from Colombo to Trincomalee, is in the news again.

The issue at hand is how much the deployment of the vessel cost the taxpayer. In response to the Right to Information (RTI) query, the Navy has declined to reveal the cost of the AOPV deployment, or those who were given safe passage to Trincomalee, on the basis of national security.

SLNS Gajabahu, formerly USCGC Sherman (WHEC-720), a United States Coast Guard Hamilton-class high endurance cutter, was transferred to the Sri Lanka Navy on 27 August, 2018, at Honolulu. The vessel was recommissioned 06 June, 2019, as SLNS Gajabahu (P626) during Maithripala Sirisena’s tenure as the President. (Last week, US Special Envoy for South and Central Asia, Sergio Gor, who was here to deliver a message to President Anura Kumara Dissanayake, in the company of Navy Chief of Staff Rear Admiral Damian Fernando, visited SLNS Gajabahu, at the Colombo port.)

What would have happened if the then Navy Chief, Vice Admiral Nishantha Ulugetenne (15 July, 2020, to 18 December, 2022) failed to swiftly respond to the threat on the President? Those who spearheaded the violent campaign may not have expected the President to flee Janadhipathi Mandiraya, as protestors breached its main gates, or believed the Navy would intervene amidst total collapse of the ‘ground defences.’ Ulugetenne accompanied the President to Trincomalee. Among the group were the then Brigadiers Mahinda Ranasinghe and Madura Wickramaratne (incumbent Commanding Officer of the Commando Regiment) as well as the President’s doctor.

The circumstances leading to the President and First Lady Ayoma Rajapaksa boarding SLNS Gajabahu should be examined taking into consideration (1) the killing of SLPP lawmaker Amarakeerthi Atukorale and his police bodyguard Jayantha Gunawardena by an Aragalaya mob, at Nittambuwa, on the afternoon of 09 May, 2022 (2) the Army, deployed to protect Janadhipathi Mandiraya, quite rightly refrained from firing at the violent mob (3) efforts made by the top Aragalaya leadership to compel the then Premier Ranil Wickremesinghe to quit. Subsequently, it emerged that pressure was brought on the President to remove Wickremesinghe to pave the way for Speaker Mahinda Yapa Abeywardena to become the President and lastly (4) arrest of Kegalle SSP K.B. Keerthirathna and three police constables over the killing of a protester at Rambukkana on 19 April, 2022. The police alleged that they opened fire to prevent a violent mob from setting a petrol bowser, barricaded across the railway line there, ablaze.

Now, swift action taken by the Navy, under extraordinary circumstances to prevent possible threat on the lives of the President and the First Lady, had been challenged. The writer felt the need to examine the evacuation of the President against the backdrop of an attempt to compare it with President Wickremesinghe’s visit to the University of Wolverhampton in September, 2023, to attend the awarding of an honorary professorship to his wife Prof. Maithri Wickremesinghe.

The 09 July intervention made by the Navy cannot be, in any way, compared with the public funds spent on any other President. It would be pertinent to mention that the President, fleeing Janadhipathi Mandiraya, and the withdrawal of the armed forces deployed there, happened almost simultaneously. Once a collective decision was made to vacate Janadhipathi Mandiraya, they didn’t have any other option than rushing to the Colombo harbor where SLNS Gajabahu was anchored.

Overall defences in and around Janadhipathi Mandiraya crumbled as crowds surged in the absence of an effective strategy to thwart them. As we recall the law enforcers (both military and police) simply did nothing to halt the advance of the mob right into Janadhipathi Mandiraya, as people, like the then US Ambassador Julie Chung, openly prevailed on the hapless administration not to act against, what she repeatedly termed, ‘peaceful protesters’, even after they, in a pre-planned operation, meticulously burnt down more than hundred properties of government politicos and loyalists, across the country, on 9/10 May, 2022. So they were, on the whole, the proverbial wolves in sheep’s clothing working with the Western regime change project here as was previously done in places like Libya and Iraq and more recently in neighbouring countries like Pakistan, Bangladesh and Nepal to install pliant governments.

After the 9/10 incidents, President Rajapaksa replaced the Commander of the Army, General Shavendra Silva, with Lt. Gen. Vikum Liyanage.

RTI query

M. R. Ali of Kalmuinai, in terms of Section 34 of the Right to Information Act No. 12 of 2016 (read with Article 138), has sought information, in September 2022, regarding the deployment of SLNS Gajabahu. The Navy rejected the request in November 2022, citing Section 5(1)(b)(i) of the RTI Act, which relates to information that could harm national security or defence. Obviously, the release of information, sought by that particular RTI, couldn’t undermine national security. No one can find fault with Ali’s decision to appeal to the RTI Commission against the position taken up by the Navy.

Following hearings in 2023, the Commission issued a split decision on 29 August, 2023. The RTI Commission upheld the Navy’s refusal to disclose items 1 through 5 and item 8, but directed the Navy to release the information for items 6 and 7, specifically, the cost of the travel and who paid for it.

However, the Navy has moved the Court of Appeal against the RTI directive to release the cost of the travel and who paid for it. Having examined the case in its entirety, the Court of Appeal held that the Navy, being the Public Authority responsible for the deployment of the vessel, had failed to prove how they could receive protection under 5(1)(b)(i) of the Right to Information Act. The Court of Appeal affirmed the order dated 29/08/2023 of the Right to Information Commission. The Court dismissed the appeal without costs. The bench consisted of R. Gurusinghe J and Dr. Sumudu Premachandra J.

There hadn’t been a similar case previously. The Navy, for some strange reason, failed to highlight that the failure on their part to act swiftly and decisively during the 09 July, 2022, violence that directly threatened the lives of the President and the First Lady, thwarted a possible catastrophic situation.

The action taken by the Navy should be discussed, taking into consideration the failure on the part of the Army and Police to save the lives of MP Atukorale and his police bodyguard. No less a person than retired Rear Admiral and former Public Security Minister Sarath Weerasekera alleged, both in and outside Parliament, that the Army failed to respond, though troops were present in Nittambuwa at the time of the incident. Had the Navy hesitated to evacuate the President and the First Lady the country may have ended up with another case similar to that of lawmaker Atukorale’s killing.

The Gampaha High Court, on 11 February, 2026, sentenced 12 persons to death for the killing of Atukorale and his security officer Gunawardena.

Let me stress that the costs of presidential travel have been released in terms of the RTI Act. The deployment of SLNS Gajabahu, at that time, has to be examined, taking into account the eruption of Aragalaya outside President Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022, evacuation of the resigned Prime Minister Mahinda Rajapaksa from Temple Trees, after protesters breached the main gate on 10 May, 2010, and the JVP/JBB-led attempt to storm Parliament on 13 July, 2022. Mahinda Rajapaksa and wife Shiranthi took refuge at the Trincomalee Navy base, chosen by Gotabaya Rajapaksa as sanctuary a few months later.

US Ambassador Julie Chung tweeted that Washington condemned “the violence against peaceful protestors” and called on the Sri Lankan “government to conduct a full investigation, including the arrest and prosecution of anyone who incited violence.”

The US fully backed the violent protest campaign while the direct involvement of India in the regime change project later transpired. As far as the writer is aware, this particular request is the only RTI query pertaining to Aragalaya. Evacuation of Mahinda Rajapaksa took place in the wake of a foolish decision taken at Temple Trees to unleash violence on Galle Face protesters, who were also besieging Temple Trees.

Defence Secretary retired General Kamal Gunaratne told a hastily arranged media conference that the former Prime Minister was at the Naval Dockyard in Trincomalee. The media quoted him as having said: “He will be there for a few more days. We will provide him with whatever security he needs and for as long as he wants.” Mahinda Rajapaksa remained in Trincomalee for over a week before attending Parliament.

Navy’s dilemma

Gotabaya

At the time information was sought under the RTI Act, Ulugetenne served as the Commander of the Navy. Vice Admiral Priyantha Perera succeeded Ulugetenne on 18 December, 2022. Following VA Perera’s retirement on 31 December, 2024, President Anura Kumara Dissanayake brought in the incumbent Kanchana Banagoda, as the 26th Commander of the Navy.

On the basis of the RTI query that dealt with the deployment of SLNS Gajabahu to evacuate President Gotabaya Rajapaksa and First Lady Ayoma, one can seek information regarding the expenditure incurred by Air Force in flying Mahinda Rajapaksa and his wife from Colombo to Trincomalee and back, as well, as Gotabaya Rajapaksa, his wife and two bodyguards leaving the country on Air Force AN 32 on 13 July, 2022. On the following day, they flew to Singapore on a Saudi flight.

Ali, in his representations, stressed that his objective hadn’t been to determine the legality of the Navy’s actions but to exercise his right as a citizen and taxpayer to oversee public spending. He questioned the failure on the part of the Navy to explain as to how revelation of specific information would “directly and reasonably” harm national security. In spite of the RTI Commission directive, the Navy refrained from answering two specific questions as mentioned by justice Dr. Sumudu Premachandra. Question number (6) How much money did the Sri Lanka Navy spent for the travel of former President Gotabhaya Rajapaksha in this ship? And (Question 7) Who paid this money? When did they pay?

Both the RTI Commission and Court of Appeal quite rightly rejected the Navy’s position that the revelation of cost of the deployment of vessels poses a significant threat to national security. That claim was based on the assertion that such financial data could allow third parties to calculate sensitive operational details, such as a ship’s speed, fuel consumption, and operational range. The Navy claimed that the disclosure of sensitive information could reveal supply dependencies, logistics constraints, and fueling locations, making the vessels vulnerable to sabotage or economic warfare.

The Navy sought protection of RTI Act’s section 5(1)(b)(i). Following is the relevant section: “(b) disclosure of such information– (i) would undermine the defence of the State or its territorial integrity or national security;”

The Navy appears to be in a bind over the RTI move for obvious reasons. With the ultimate beneficiary of Aragalaya at the helm, the Navy would find it extremely difficult to explain the circumstances SLNS Gajabahu was deployed against the backdrop of direct threat on the lives of the then incumbent President and the First Lady. The truth is desperate action taken by the Navy saved the life of the President and his wife. That is the undeniable truth. But, the current political environment may not be conducive to say so. What a pathetic situation in which the powers that be lacked the courage to lucidly explain a particular situation. As stressed in the Supreme Court judgment of November 2023, the Rajapaksa brothers – including two ex-Presidents – were guilty of triggering the country’s worst financial crisis by mishandling the economy.

In a majority verdict on petitions filed by academics and civil rights activists, a five-judge bench ruled that the respondents, who all later resigned or were sacked, had violated public trust. The regime change project took advantage of the attack ordered by Temple Trees on 09 May, 2009, on Galle Face protesters, to unleash pre-planned violence on ruling party politicians and loyalists.

If not for the courageous decision taken by Prime Minister Ranil Wickremesinghe, in spite of his private residence, at Kollupitiya, being set ablaze by protesters on the night of 09 July, 2022, to order the military to thwart the JVP/JJB march on Parliament, two days later, and evict protesters from Galle Face soon after Parliament elected him the President on 20 July, 2022, saved the country from anarchy. Although Wickremesinghe, without restraints, encouraged Aragalaya, he quickly became the bulwark against the anti-State project that threatened to overwhelm the political party system.

Obviously, during Wickremesinghe’s tenure as the President, the SLPP, that accommodated the UNP leader as the Head of State, appeared to have turned a blind eye to the RTI query. Had the SLPP done so, it could have captured public attention, thereby making an attempt to influence all involved. In fact, the case never received media attention until journalist and Attorney-at-Law Nayana Tharanga Gamage, in his regular online programme, dealt with the issues at hand.

Before leaving Janadhipathi Mandiraya, the President has warned the military top brass, and the IGP, to prevent the destruction of the historic building. However, no sooner, the President left, the military top brass vacated the building leaving protesters an easy opportunity to take control. They held Janadhipathi Mandiraya until Gotabaya Rajapaksa resigned on 14 July 2022 to pave the way for Ranil Wickremesinghe to become the President.

It would be pertinent to mention that President Gotabaya Rajapaksa only moved into the Presidential Palace (Janadhipathi Mandiraya) after massive protest outside his Pangiriwatte private residence on 31 March, 2022, underscored his vulnerability for an attack.

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Midweek Review

Village tank cascades, great river quartet and Cyclone Ditwah

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This past November and December Ditwah showed us how dark, eerie and haunting catastrophes cyclones can be. Past generations have suffered as shown in 1911, the Canberra Times reporting the great flood of Ceylon on December 30 of that year. It killed 200 people and left over 300,000 homeless. Half century later, on December 25, 1957, a nameless cyclone brought severe rain to the North Central Province (NCP), and the Nachchaduwa reservoir breached, unloading its full power of volume into Malwatu Oya, a mid-level river flowing through the city of Anuradhapura, nearly washing away its colonial-era bridge near the Lion Tower. A cyclone paid a visit to the Eastern Coast of Sri Lanka on November 17-23, 1978.

Half a century later, Ditwah came with swagger.

Quartet of Rivers

Cyclone Ditwah unleashed disaster and tragedy, terrorising every breath of hundreds of thousands of people. These cyclones come spaced by a generation or two. How the Great River Quartet of Mahaweli, Kelani, Kalu, and Walawe, and their attendant mid-level streams, behaved before Ditwah masks the reality that they are not the loving and smiling beauties poets claim them to be. During the Ditwah visit, our river Quartet showed its true colours in plain sight when wave after wave of chocolate rage pushed uprooted forests creasing islands of floating debris and crashed onto bridges, shattering their potency into pieces. These rivers are nothing more than a bunch of evil reincarnations cloaked in ruinous intentions.

The River Quartet and its mates woke up to the first thunder of Ditwah. They carried away villages, people, property, herds of cattle, and wild elephants to the depths of the Indian Ocean. While we continue to dig out the dead buried in muddy mountainsides, dislodged from their moorings during this flood of biblical proportions, how our rivers, streams, and, particularly, the village tanks handled the pressure on their own will be the core of many future discussions.

The destruction and tragedy caused by this water hurt all of us in many ways. But we all wish they were only a fleeting dream. Sadly, though, the real-life sight of the pulverised railway bridge at Peradeniya is not a dream. This section of the rail line was stripped of its modesty and laid bare. It hung in the air, literally, like strands of an abandoned spider’s web on a wet Kandyan morning. It was a reminder to us that running water is a masked devil and should not be considered inviting. It can unleash the misery with a chilling ending no one wants to experience in a lifetime.

Tank Cascade Systems (TCS)

Although the Ditwah cyclone covered Sri Lanka from top to bottom with equal fury, the mountainous areas and floodplains of our River Quartet surrendered soon. However, the village tanks in the Dry Zone – Northern, North Central, Northeast, and Eastern provinces – weathered that onslaught, sustaining only manageable damage. They collectively mitigated the damage caused by over 200 mm of rain that fell across the catchment areas they represented. Thus, the tank, the precious possession of the village, deserves to be titled as a real beauty.

Let me introduce the village tanks systems our engineering ancestors built with sophistication and ingenuity, a force like Ditwah hardly made a dent in groups of these tanks called Tank Cascade Systems (TDS). Many of the village tanks in the Dry Zone, covering 60% of Sri Lanka’s land area, stand in groups of TDS, separated as individual bodies of water but sharing water from one or more dedicated ephemeral streams. R.W. Ievers, the Government agent for North Central Province in the 1890s, noted that these tanks were the result of “one thousand years of experiment and experience,” and “ancient tank builders took advantage of the flat and undulating topography of the NCP to make chains of tanks in the valleys.” Colonial Irrigation Engineers of the early 20th century also recognised this uniqueness. Still, they could not connect the dots to provide a comprehensive definition for this major appurtenance of the village.

Although these tanks appear to be segregated ecosystems, a closer look at the peneplain topographic map of Sri Lanka shows that each stream feeding them ultimately flows into a larger reservoir or river, jointly or independently influencing the mechanics of regional water use and debouching patterns. This character is the spirit of the dictum of King Parakramabahu centuries earlier: “let not a single drop of water go to waste into the sea without being used by people.” Villagers knew that each tank in their meso-catchment area was related to other tanks on the stream it was in ensuring maximised use of water.

With their embodied wisdom, our ancestors centuries ago configured the placement of individual tanks that shared water from a catchment area. But not until 1985, following a careful autopsy of the pattern of these small tanks in the Dry Zone, Professor Madduma Bandara noticed a distinctive intrinsic relationship within each group of tanks. He called a group of such tanks a Cascade of Tanks. He wrote, “a (tank) cascade is a connected series of tanks organized within a micro-catchment of the Dry Zone landscape, storing, conveying, and utilising water from an ephemeral rivulet.” In short, it is a “series of tanks located in succession one below the other.” Dr. M.U.A. Tennakoon shared the names of the villagers in Nuwarakalaviya used for this configuration of tanks: Ellangawa. On a map, these tanks appear as hanging on a string. Thus, Ellangawa can be a portmanteau, a blend, of these two words.

There are over 475 such cascading tank groups in the Dry Zone. On average, each cascade typically supports four tanks. One cascade, Toruwewa, near Kekirawa, has 12 tanks. According to Professor Madduma Bandara, a cascade of tanks held about 20-30% of the water falling on its catchment area. As I will show later in this essay, the tank cascades behave like buddies in good times and bad times. By undertaking to build a vascular structure to collect, conserve, and share water with communities along the stream path, our ancestors forewarned of the consequences of failing to undertake such micro-projects where they chose to live. The following are a villager’s thoughts on how to retool this concept to mitigate the potential for damage from excess water flow in a larger river system.

To villagers, their tank is royalty. Its water is their lapis lazuli. Therefore, they often embroidered the title of the village with the suffix wewa (tank) or kulam (tank, in Tamil), indicating the close connection between the two. It is the village’s foremost provider and is interdependent. That is why we have the saying, “the village is the tank, and the tank is the village.”

A study in 1954/55 found that there were 16,000 tanks in Sri Lanka, of which over 12,500 were operational. Out-of-commission tanks were those that fell into disuse after the original settlers abandoned them for a host of reasons, such as a breach in the bund, fear of plague or disease, or superstition. Collectively, they supply water to an area larger than the combined area of the fields served by the major irrigation reservoirs in the country at the time.

In some villages, an additional tank called olagama, with its own acreage of fields, receives water from the same stream or from another feeder stream which joins the principal stream above or below the main tank. In the event the main tank is disabled, often the olagama tank can serve as the alternate water source for their fields.

Cultural and Engineering

A graphical representation of the tank cascade system. Image courtesy of IUCN Sri Lanka.

A tank cascade is also an engineering undertaking. But village tank builders were not engineers with gold-trimmed diplomas. They were ordinary folks, endowed with generations of collective wisdom, including titbits on the physics of water, its speed, and its cruelty. Village pioneers responsible for starting the construction of the tank bund, gam bendeema, placed the first lump of earth after marking off home sites, not immediately below the future bund, but slightly towards one end of it, in the area called gammedda, or the elevated area the bund links to, gamgoda.

Engineering of a tank cascade has a cultural underpinning. It is founded on the feeling of solidarity among the villages along an ephemeral stream. In practice, it was a wholesome area with small communities of kin below each tank sorting out their own affairs without much intervention of the ruling class. For example, during heavy rains, each village in the chain communicated with the villages below the volume in its tank and the projected flow of the stream. When the tank reached its capacity and water began to spill over the spillway, the village below must take measures to protect its tank bund. If it breached, villagers up and down the cascade helped each other repair it.

They were aware that an earthen dam was susceptible to failure, so they used their own town-planning ideas. They avoided building residential zones directly under the stream’s path, generally at the midpoint of the dam. Instead, they built their triumvirate of life – tank, field, and dagoba (stupa) – keeping safety and practicality in mind. Dagoba was always on a higher ground, never supported by beams on a stream bank like what Ditwah revealed recently. We now know what happens to dagobas built on sagging beams by deceptively serenading riverbanks when thunder waters and unworldly debris came down hand in hand.

From top to bottom, the Tank Cascade showed the engineering instinct of the builders and accessory parts that helped its smooth functioning. There was the Olagama and Kulu Wewa associated with a system. Tank builders had an idea of the volume of water a given stream would bring in a year. In conjunction with this, the bunds of the Olagama and Kulu Wewa are built small. In contrast, the bunds of the tanks that formed the lower rung of the cascade are relatively larger. The idea behind this was that, in the event of a breach in an upstream tank, the downstream tanks could withstand an unexpected influx of water.

During the Ditwah’s death dance, the Mahaweli River did not have this luxury as it marched downstream from Kotmale dam. There were not enough dams to tame this river, and its beastly nature was allowed to run wild until it was too late for many.

The embodied imprints of experience inherited from their ancestors’ helped villagers design the tank’s physical attributes. In general, a tank supplied by this stream had a dam of a size proportional to the amount of water it could store for the fields. Later, as the village added families and field acreage increased, villagers raised the bund and the spillway to meet increased storage capacity. This simple practice guarded against eventualities like uncontrollable floods between villages. Excess water was allowed to flow through the sluice gate and the spillway, reducing the pressure on the bund. Had we applied this fundamental practice on a proportional scale to a large stream, i.e., oya or river, it would have lessened the destruction during a major rainstorm, ilk of which Ditwah brought.

With my experience living in a village with its tank, part of a TCS of five tanks, I wish large rivers like the Mahaweli had a few small-scale dams or partial diversions mimicking a rudimentary TCS so that the Railway Bridge at Peradeniya could have avoided the wrath of hell and high-water bringing muck and debris along its 46 km descent from Kotmale, where its lone dam is. I am glad I have company here. Professor Madduma Bandara noted 40 years ago, “much water flows through drainage lines due mainly to the absence of a village tank-type storage system.” Mahaweli turned out to be that drainage line this past November, holding hands, sadly, though, jubilantly, with the designs of Ditwah. Recently, former Head of Geo-Engineering at Peradeniya University, Udeni Bandara Amarasinghe, highlighted the importance of building reservoirs on other rivers to control floods like those we experienced recently.

Check Dams & Macroscopic Control

Within the TCS, the check dams, Kulu Wewa or Kele Wewa – forest tanks above a working tank held back sediments generated by upstream denudation. They controlled the volume and water entering the main tank. Kulu Wewa provided water for wild animals and checked their tendency to raid crops below the main tank. The difference between Kulu Wewa and Olagama was that, because of its topographical location, Kulu Wewa was occasionally used as a source of water for crops when the main tank below it became inoperable due to a breach or was undergoing repairs or used up its water early.

Based on these definitions, each working tank in the TCS also acted like a check dam for the one below it. Furthermore, if a tank in the cascade ran out of water, other tanks in the cascade stepped in. They linked up with the tanks above through temporary canals made by extending an existing minor canal, wella, or the wagala, excess water pan, of an upstream field.

The tank bund tamed and kept in check the three attributes of a stream – water velocity, volume, and its destructive power. By damming the stream, the villagers broke fueling momentum of it. They rerouted it via the spillway at the end of the bund, a form of recycling. Water from some spillways is diverted along a large niyara-like (field ridge) lesser dam, built along the wanatha (flanks) of the field, until it empties into the atrophied stream below the field.

Simultaneously, by controlling the release of water through two sluice gates on the bund, goda and mada horowwa, and directing it to the two flanks of the field, ihala and pahala wanatha, villagers succeeded in tamping down the pressure on the bund. Water from the neutered stream is thus redirected from all three exit points. It must now continue its journey along the wagala, to which field units (liyadi) also empty their excess water. This water is called wel pahu wathura.

After going through this process, the momentum of the ephemeral stream water is passive by the time it reaches the tanks in the lower parts of the cascade, often a kilometer or two downstream. This way, a line of tanks along the stream’s axis now shares the responsibility of holding back its full potential, limiting its ability to cause damage.

Such a break of momentum was lacking in the Four Great River Quartet and their lesser cousins. For the long-term solution to prevent damage from future cousins of Ditwah, we must consider this ingenious water-control method for rivers on a macroscopical scale.

Reservoirs

1957 and 2025 Cyclones Flood Marks written above window and below on the wall of a house by the banks of the Malwatu Oya in Anuradhapura.

As Ditwah-type floods occurred in 1911, 1957, 1978, and 2025, with a bit of luck, we can expect to have a few more decades of recess to work on cascading edifices along rivers, such as dams or diversions, before the next flood comes with roguish intentions. The Accelerated Mahaweli Diversion Program (AMDP), started in 1978, took 30 years to complete and now has over a dozen reservoirs between Kandy and the Dry Zone coastal belt, holding back its might. These reservoirs held their ground while Ditwah rained hell, so consulting the TCS’s ingenuity, though seems antiquated, is a good investment.

As soon as Cyclone Ditwah began to make noise, word spread that releasing water from a few of them on the Mahaweli and Kelani rivers could have made a difference. The problem with the Kelani River basin in Western Province and the Mahaweli basin in Central Province above Kandy is that, despite their combined population being nine times that of the NCP, they only have six reservoirs. On the contrary, the NCP has twice as much in the lower Mahaweli River basin, built under the AMDP. Furthermore, the NCP also has many ancient reservoirs it inherited from our ancestors. A string (cascade) of large reservoirs or minor dams in the hill country could have helped break the river’s energy which it accumulated along the way. G.T. Dharmasena, an irrigation engineer, had already raised the idea of “reorienting the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function.”

Unique Epitaphs for the Cyclones

The processes discussed above could have prevented the destruction of the railway track at the Peradeniya bridge, the image of which now stands like a pictorial epitaph to the malicious visit of the Ditwah and a reminder to us, “what if…?” or “what next…?”

As mentioned at the beginning of this essay, when the 1957 Cyclone dropped heavy rain on the NCP, a Railway Department employee at Anuradhapura made an exceptional effort to keep the memory of that saga for posterity with an epitaph still visible 70 years later. This person memorialised his near escape from the Malwatu Oya flood. As the river roared past over the railing of the bridge near the Lion Pillar roundabout, this employee, probably trapped in his two-storied house near the roundabout, day-stamped the visit of the flood with a red line on the wall of his house to mark the height it reached to trap him.

Three meters from the ground, right between two archtop windows facing the road to Sri Maha Bodhi, he wrote, “Flood level” in Sinhala, Tamil, and English. Right below it, at the end of the faded line, he added, “1957-12-25.”

As Cyclone Ditwah came along, the current resident of the house was not going to break this seven-decade-old tradition. After the flood receded this time, this duty-bound resident drew a line in blue ink and wrote at its end, ‘2025-11-28’, his contributing epitaph reminding us of infamous day Ditwah showed her might by driving the river off its banks. (See picture)

He added a coda to his epitaph – the numeral “8” in 28 is written in bold!

Lokubanda Tillakaratne is the author of Rata Sabhawa of Nuwarakalaviya: Judicature in a Princely Province – An Ethnographical and Historical Reading (2023).

by LOKUBANDA
TILLAKARATNE

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Midweek Review

Whither Honesty?

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on

In the imperiled IOR’s ‘Isle of Smiles’,

The vital ‘National Honesty Week’,

Has sadly gone unobserved,

In an unsettling sign of our times,

That honesty is no longer the best policy,

For neither smooth-talking rulers,

Taking after posh bourgeois predecessors,

Nor perhaps sections of the harried ruled,

Now sensing tremors of a repeat implosion.

By Lynn Ockersz

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