Midweek Review
A daunting task for Justice Nawaz

President Gotabaya Rajapaksa shakes hands with Justice Nawaz after appointing him as the President of the Court of Appeal on January 20, 2021 (pic courtesy PMD)
Geneva proposes asset freezes, travel bans ahead of HR sessions
By Shamindra Ferdinando
An Extraordinary Gazette notification, pertaining to the nomination of Justice Abdul Hameed Dileep Nawaz, as the Chairman of a three-member Commission of Inquiry (CoI), to investigate, inquire into and report, or take required actions, regarding the findings of the former Commissions, or Committees, that investigated human rights violations, serious violations of International Humanitarian Law (IHL) and other such offences, was issued on January 20.
The Extraordinary Gazette notification was issued, close on the heels of a ceremonial sitting of the Supreme Court of Sri Lanka, to welcome Justice Nawaz, Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne. They were among six new Supreme Court justices, named on Dec 1, 2020, in terms of the 20th Amendment to the Constitution, enacted two months before. The other new justices are Janaka de Silva, Achala Wengappuli and Mahinda Samayawardhena.
The new Amendment approved with a two-thirds majority, resulted in the expansion of the Supreme Court bench, from 11 to 17, and the Appeal Court bench, from 12 to 20.
Having won the presidency in Nov 2019, President Gotabaya Rajapaksa promoted Nawaz as the President of the Court of Appeal. The appointment made on January 20, 2021, is President Gotabaya Rajapaksa’s first high profile judicial selection. The appointment didn’t receive the media attention it really deserves.
With the elevation of Nawaz to the Supreme Court, Justice Arjuna Obeysekere received the appointment as the President of the Court of Appeal. The CoI, chaired by Justice Nawaz, includes one-time IGP Chandra Fernando, the incumbent Chairman of the National Police Commission, and retired District Secretary Nimal Abeysiri.
Nawaz is the first sitting judge and the senior-most judicial officer to have been charge-sheeted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), during his time at the Attorney General’s Department, but cleared by courts during the tenure of the previous regime itself. So many actions, initiated by the CIABOC, judicial decisions and proceedings during the previous yahapalana administration, are under a cloud.
The CoI has been entrusted with the following tasks: (a) Find out whether previous CoIs, and Committees, which have been appointed to investigate into human rights violations, have revealed any human rights violations, serious violations of the international humanitarian law and other such serious offences (b) Identify the findings of the CoIs, and Committees, related to the serious violations of human rights, serious violations of international humanitarian laws and other such offences and whether recommendations have been made on how to deal with the issues at hand (c) The status of the implementation of those recommendations, so far, in terms of the existing law, and what steps need to be taken to implement those recommendations further, in line with the present Government policy and, finally (d) Ascertain whether action is being taken in respect of (b) and (c).
The CoI, headed by Justice Nawaz, is expected to finalize the report, within six months from the date of the appointment.
AG on role of judges
Welcoming the newly appointed Supreme Court Judges on Jan. 20 and Jan 21, Attorney General Dappula de Livera, PC, declared: “The credibility of a judicial system, in a country, is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his/her judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded, according to the law. For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary, and public confidence in the judiciary, is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.”
The President’s Counsel further said: “The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation. That independence is also necessary from the other branches of government and from private and partisan interest. Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.”
Tamil parties seek int’l intervention
The appointment of the three-member CoI under the leadership of a Supreme Court Judge, should be examined against a section of Parliament demanding international intervention, by way of a new Resolution adopted at the forthcoming 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), scheduled for Feb-March 2021. The Tamil National Alliance (TNA) and two Northern Province, based new political parties – Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Thesiya Kutani (TMTK) have written to 47 members of the UNHRC demanding punitive action against Sri Lanka on the basis that the administration quit the Geneva Resolution 30/1, co-sponsored by the previous yahapalana administration.
The three parties are represented in Parliament by 13 members. At the time Sri Lanka co-sponsored the controversial resolution against itself, in Geneva, the TNA had 16 lawmakers, including two appointed members, with its leader, R. Sampanthan, enjoying the privileged status as the Opposition Leader, though, ironically, the breakaway Joint Opposition (JO) commanded the confidence of well over 50 lawmakers. So that was how democracy was practiced then!
With the obvious blessings of Western powers, the Tamil parties, in a letter to UNHRC members, requested (a) Member States urge, in the new resolution, that other organs of the United Nations, including the UN Security Council, and the UN General Assembly, take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity (b) The President of the UNHRC refers matters on accountability, in Sri Lanka, back to the UN Secretary General, for action, as stated above (c) Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in the country and (d) Without detracting from that which has been stated in Point 1 (above), take steps to establish an evidence-gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM,) in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration.
The TNA-led political grouping, backed by a section of the civil society that also supported a hybrid war crimes investigating mechanism, are backing the latest initiative against Sri Lanka.
The Ontario Centre for Policy Research, Canada and London Initiative, the United Kingdom have, however rebutted anti-Sri Lanka allegations with a timely comprehensive report recently to the UNHRC, especially in response to the growing threat of a new resolution. The lead Researcher and the Chairman of the Committee that prepared the report, Dr. Neville Hewage, and the UK-based practicing lawyer, Jayaraj Palihawadana, should receive public appreciation for countering the Western strategy. Let the public know of such initiatives and exert pressure on political parties to take up the Geneva challenge, together with the government.
Unfortunately, Sri Lanka’s defence in Geneva is likely to suffer in the absence of coordinated action and the failure on the part of those responsible to get their act together to attack the foundation of lies concocted by interested parties, hell-bent on hauling Sri Lanka up before an international war crimes court. With the UNP’s humiliating rejection by the masses, at the last general election, in August 2020, the TNA-led grouping, in spite of differences as regards political strategy, both in and outside Parliament, is confident of its new game plan.
The Swiss plot
The Tamil grouping believes the return of the Rajapaksas is advantageous to their strategy. Sri Lanka would have been in bigger trouble if the Swiss project, meant to ruin Gotabaya Rajapaksa’s presidency, succeeded in Nov 2019. If not for war-time Defence Secretary Gotabaya Rajapaksa’s refusal to allow Switzerland to evacuate Embassy worker Garnier Francis, who claimed that she had been sexually abused by government agents inside a vehicle close to the Swiss Embassy, within days after him being elected the President. Had that diabolical plot clicked with her being evacuated to Switzerland, in a special air ambulance, that had been brought down as part of the plot, the country would have been under heavy pressure now. Thanks to President Gotabaya Rajapaksa taking a tough stand on the matter, the Swiss plot went awry, much to the disappointment of those seeking to undermine the new administration. Investigations exposed those responsible for the diabolical propaganda offensive that had to be inquired into, taking into consideration unsubstantiated allegations directed at the SLPP presidential candidate, Gotabaya Rajapaksa, at a media conference, organized by the then yahapalana minister Dr. Rajitha Senaratne.
The CoI, headed by Justice Nawaz, will have to examine the overall campaign against Sri Lanka, without restricting its investigation in terms of the mandate received. It would be pertinent to mention Sri Lanka paid a huge price for not properly countering lies propagated by interested parties’ hell-bent on hauling Sri Lanka before hybrid war crimes investigating mechanism. In the wake of Gotabaya Rajapaksa’s emergence as the President, with an overwhelming victory, over his nearest opponent, the same lot wanted Sri Lanka investigated by the international community.
Sri Lanka has pathetically failed to comprehend the threat, hence the absence of proper defence, in spite of some elected members of Parliament working against the country. The government’s failure has allowed the TNA, that had no qualms in recognizing the LTTE as the sole representative of the Tamil speaking people in late 2001, and having being the mouthpiece of the world’s most ruthless terrorist organisation, to pursue a high profile strategy, detrimental to the country, while enjoying perks and privileges as a recognized political party.
The TNA-led campaign is part of an overall project meant to overwhelm Sri Lanka. The Swiss operation, if succeeded, could have impaired the Office of the President.
A wider examination of facts needed
Let us hope that the Justice Nawaz-led committee would examine all factors, pertaining to the accountability issue, though its primary objective seems simple. Their responsibility in terms of the statement issued by the President’s Office, is to examine the previous CoI and Committees and the implementation of their recommendations. The Lessons Learnt and Reconciliation Commission (LLRC) chaired by the late Attorney General C.R. de Silva, examined the conflict. The LLRC was appointed in response to a study undertaken by UN Secy. General’s so-called Panel of Experts (PoE). The PoE report, released in March 2011, is the basis for all subsequent measures taken by the UN though Sri Lanka simply ignored the threat. In addition to the LLRC, the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances (the report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) examined the conflict. However, Sri Lanka cannot turn a blind eye to the PoE report, and related reports, as they remained the very basis of the Geneva initiatives, though the incumbent government quit the 30/1 resolution. Foreign Minister Dinesh Gunawardena made the announcement on Feb 26, 2020 at the 43rd UNHRC sessions.
The government certainly owed an explanation why the appointment of the CoI to examine previous CoIs and Committees, was delayed till January 20, 2021. The continuing crisis caused by the Covid-19 pandemic shouldn’t be faulted for the government’s failure. For some strange reason, Sri Lanka continues to delay using Lord Naseby’s revelations, based on wartime British High Commission dispatches from Colombo (January-May 2009) as well as revelations made by Wikileaks to counter UN lies. Lord Naseby, in an interview with the writer in Sept 2019, regretted Sri Lanka’s failure to exploit his disclosure, made in Oct 2017. The senior Conservative politician said that he was quite disappointed and surprised by Sri Lanka’s response to information provided by him. The British diplomatic cables obtained by Lord Naseby, following a legal wrangle with his government disputed the PoE’s primary allegation. The information provided by Lord Naseby, when examined together with wartime US Defence attaché Lt. Col. Lawrence Smith’s explosive statement in 2011 (read US official’s defence of Sri Lankan military), exposed the UN lie.
The primary allegation in PoE on Sri Lanka alleged that at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka by mystery accusers cannot be verified till 2031 due to a strange confidentiality clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this most unusual confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, well over a decade after the PoE report, and seven years after the country ended up in the Geneva agenda.
Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.“
Key issues that needed CoI attention
In the absence of a cohesive strategy to counter UN lies, vested interests, both here and abroad, propagated canards against the country to varying degrees. Let me mention issues that had to be examined in the overall defence strategy: (1) Dismissal of war crimes accusations by 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 the 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 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. (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 Norway merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations cleared Sri Lanka of 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) 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 the so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on the Mannar graves while Western diplomats played politics, only to be proved utterly wrong. Geneva faulted Sri Lanka before the conclusion of the investigation.
The then Northern Province Chief Minister 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. Human Rights Commissioner 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.
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 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.” (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, now an MP and leader of TMTK, 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. Wigneswaran is on record as having said that 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, and well-funded by the West, to coerce the country to adopt a new Constitution to suit the separatist agenda. Had they succeeded, Sri Lanka’s unitary status could have been done away through constitutional means against the backdrop of eradication of the LTTE’s conventional power.
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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