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India’s accountability in Sri Lanka conflict: Govt. can ask India to prosecute those responsible coming under its purview -HRW

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Meenakshi Ganguly

By Shamindra Ferdinando

Deputy Asia director at Human Rights Watch (HRW) Meenakshi Ganguly says Sri Lanka could request foreign governments to prosecute those responsible for human rights violations coming under the purview of relevant jurisdictions.

Stressing the responsibility on the part of Sri Lanka to indict the accused, Ganguly said Sri Lanka could ask foreign governments to take appropriate action in relevant jurisdictions. Other countries could also indict people as a matter of universal jurisdiction, but most crucially, it is the obligation of the Sri Lanka government to prosecute, the top HRW spokesperson said.

Ganguly, who has been with the HRW since 2004, said so in response to The Island queries regarding the accountability on the part of India for atrocities perpetrated by the Indian military during its deployment in Sri Lanka.

The former correspondent for Time Magazine and Press Trust of India sent us the following response to several specific questions pertaining to accountability issues: The Sri Lankan government has obligations under international law to investigate and appropriately prosecute all individuals responsible for violations of international human rights law and international humanitarian laws that are committed within the country.

For various reasons, such as being outside of the government’s jurisdiction, not everyone who is responsible for such crimes will be able to receive justice in Sri Lanka. But the fact that everyone cannot be prosecuted does not remove the obligation of Sri Lanka to prosecute those who are within the jurisdiction of the country.

The UN declaration of human rights provides that ‘everyone has the right to an effective remedy.’ The human rights committee has further detailed state obligations on the right to a remedy under international law.

The inability to prosecute everyone who should face justice is no reason for the Sri Lanka government to do nothing.The Sri Lankan authorities can also request states to provide these remedies in relevant jurisdictions. Other countries can also prosecute people as a matter of universal jurisdiction, but most crucially, it is the obligation of the Sri Lanka government to prosecute.”

The Island submitted the following questions: (1) How do you (HRW) propose to deal with human rights violations perpetrated by the Indian Army during its deployment in Northern and Eastern Provinces of Sri Lanka (July 1987-March 1990)?

(2) Do you believe a separate inquiry with the assistance/involvement of India is required to identify those who suffered in the hands of the Indian Army in Sri Lanka and the loved ones of LTTE cadres killed/disappeared during July 1987-March 1990?

(3) [A]Quite a number of ex-LTTE cadres as well as other members of Tamil groups sponsored by India are now living in Europe, America, Canada, Australia, Middle East and India. How do you propose to investigate them as some countries have granted them citizenship?

[B] Do you believe special inquiry is needed to deal with those who are living in India?

(4) Some members of those groups now serve as MPs. How do you expect the government to deal with parliamentarians? (One of them was recently accused of conspiring with Sri Lankan military intelligence to facilitate Gotabaya Rajapaksa’s victory at 2019 presidential poll)

(5) And finally, [A] Do you believe the TNA should be investigated for its links with the LTTE as the former (TNA) recognized internationally proscribed group as the sole representative of the Tamil speaking people? [B] Have you received representations from human rights defenders as regards the need for a no holds barred investigation to identify all perpetrators, including the Indian military, Indian intelligence services and those Sri Lankans living overseas under different names?

The above issues were raised in the wake of HRW slamming the government here over claims of continuing abuses. In a new report released in Geneva on Sept. 18, 2023, New York headquartered HRW alleged that such actions undermined the purported goals of its newly proposed truth and reconciliation commission. Victims of past violations, their families, and human rights defenders have rejected the government’s initiative because the government has not consulted them, ignored evidence gathered by past commissions, and exposed them to fresh security force abuses.

The 39-page report, “‘If We Raise Our Voice They Arrest Us’: Sri Lanka’s Proposed Truth and Reconciliation Commission,” documented what HRW called abusive security force surveillance and intimidation of activists and campaigners from minority Tamil families of those who “disappeared” during the conflict. The HRW alleged the government used draconian counterterrorism laws to silence dissenting voices, including those calling for truth and accountability, while government-backed land grabs target Tamil and Muslim communities and their places of worship, the report claimed.



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Patali alleges NPP conspiring to put off elections indefinitely

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* Govt. lacks plan to meet IMF targets


By Shamindra Ferdinando

United Republican Front (URF) leader Patali Champika Ranawaka has alleged that the 22nd Amendment is aimed at enabling the National People’s Power (NPP) to perpetuate its rule without conducting elections.

The former Minister was addressing the media at the Flower Road Office of UNP leader Ranil Wickremesinghe on Tuesday (25). Alleging that the Pelawatte-based ‘red junta’ spearheaded the operation to enact the controversial 22nd Amendment, the ex-parliamentarian pointed out that neither President Anura Kumara Dissanayake nor Health and Media Minister Dr. Nalinda Jayathissa, who is also the Cabinet spokesman, never denied declarations made by various members of the NPP parliamentary group that elections wouldn’t be conducted for 10, 20 years.

The President and the Cabinet spokesman never clarified that such declarations were not the position of the government, Ranawaka said. The URF leader pointed out that some NPP/JVP members told those receiving appointments that they would also retire under the same administration.

Addressing the media after former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition, said that the government recognised them as the real opposition. Referring to Dr. Jayathissa’s recent claim that they conspired at the residence of Prof. Peiris and challenged them to come on to the streets, ex-lawmaker Ranawaka thanked the Minister for the recognition at the expense of the Samagi Jana Balawegaya (SJB). The government accepted the challenge posed by them in spite of the main Opposition party, in Parliament, having 40 MPs, the URF Chief said, urging the government to reveal the identities of those who clandestinely led the ruling party.

The former MP said that the country was now aware of their conspiracies during the past six decades. Blaming the government for its inordinate delay in conducting the Provincial Council polls, and the failure to take tangible measures to do away with the executive presidency, as repeatedly promised in the run-up to the national elections in 2024, Ranawaka alleged that the government was busy conspiring to roll back the electoral map. He also alleged that President Dissanayake was leading the operation.

According to Ranawaka the government was keen to postpone elections indefinitely as its members feared to face the law under a different government.

Commenting on the economic situation, Ranawaka explained how under President Wickremesinghe tough measures were taken during the 2022 to 2024 period to stabilise the country with the backing of the International Monetary Fund (IMF). “However, the country cannot go on beyond 2027 under the current setup. In terms of the agreement with the IMF, the debt repayment was stopped. However, the country will have to start repayment in 2028,” the ex-MP said, pointing out the country’s reserves were down to USD 6.4 bn.

The ex-MP said the IMF expected Sri Lanka to maintain foreign reserves at USD 6.8 bn and to increase the reserves to USD 12 bn next year. In terms of the IMF’s recommendations, the foreign reserves have to be increased to USD 15 bn by 2028, Ranawaka said, recollecting how former President Ranil Wickremesinghe, at a recent book launch, explained the daunting challenges faced by the country on the economic front.

Ranawaka was referring to Wickremesinghe’s speech at the launch of former Minister Ranjith Siyambalapitiya’s book launch at the BMICH, where the former President warned of dire consequences if the government failed to adhere to the IMF formula.

The former Minister disputed the government’s much touted claim that corruption was dealt with. The person who caused an unprecedented gas crisis, in 2021, by promising to supply gas at a much lower price than what was paid by the then government at that time and ended up causing countrywide panic due to “accidental” blasts of domestic gas cylinders, received protection from this government.

The government conveniently refrained from initiating action against that person, Ranawaka said. Referring to the developments leading to President Gotabaya Rajapaksa’s government declaration of bankruptcy in April 2022, the ex-Minister claimed that the IMF, in a letter dated 7 March, 2022, alerted the Secretary to the President, the Finance Ministry and the Central Bank, of the impending economic collapse. The NPP government failed to take action against those responsible for creating the 2022 crisis, Ranawaka said.

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August 15 Super Dvora tragedy: Search continues for missing officer’s body

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Super Dvora Mark III Fast Attack Craft

Navy headquarters yesterday said it was continuing the search for Lt. Thilina Udayapriya, second-in-command of the Super Dvora Mark III Fast Attack Craft (FAC), which sank in the seas off Angulana, on 15 August, 2026. Of the 12-member crew, 11 were rescued but so far SLN efforts to locate the missing officer’s body had failed, sources said.

They said that the salvage operation of the sunken craft, taken delivery from Israel after the end of the war, is continuing amidst gruelling weather and rough sea conditions, and the sunken vessel is now off Bambalapitiya.

Sources said that the vessel collided with a sunken ship MV Thermopylae Sierra that sank in August 2012, during a monsoon storm. The ill-fated Super Dvora Mk III has gone over the ship wreck in spite of it being clearly demarcated in the nautical chart, aka hydrographic chart available to the ill-fated vessel’s crew. But authorities had failed to mark the site with a buoy to warn maritime traffic, in spite of public appeals. (SF)

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Tripartite MoU to expand free cardiothoracic surgeries at KDU Hospital

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The Ministry of Defence, Ministry of Health and Mass Media, and the General Sir John Kotelawala Defence University (KDU), have signed a tripartite Memorandum of Understanding (MoU) to facilitate the expansion of free cardiothoracic surgery services by utilising the facilities of the General Sir John Kotelawala Defence University (KDU) Teaching Hospital.

The Defence Secretary Air Vice Marshal Sampath Thuyacontha (Retd), Secretary to the Ministry of Health and Mass Media Dr Anil Jasinghe, and Vice Chancellor of General Sir John Kotelawala Defence University Rear Admiral H. G. U. Dhammika Kumara, signed the agreement on behalf of their respective institutions.

The Defence MInistry said that the initiative, implemented in accordance with a Cabinet proposal submitted by the Minister of Health and Mass Media Dr Nalinda Jayatissa would reduce congestion and address the lengthy waiting list for cardiothoracic surgeries at the National Hospital of Sri Lanka (NHSL).

The Ministry stated: “Under the arrangement, specialist doctors and clinical staff of the Cardiothoracic Unit of the National Hospital will conduct free heart and thoracic surgeries and provide specialised treatment for patients at the KDU Teaching Hospital. KDU will provide the necessary infrastructure, medical facilities and specialised equipment, while the Ministry of Health and Mass Media will provide the required medicines, medical supplies and specialised medical care.”

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