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Ahead of 49 Geneva sessions: FM questions UK duplicity; UN interference in parliamentary functions
By Shamindra Ferdinando
Foreign Minister Prof. G. L. Peiris has questioned the conduct of the British government, a member of the Geneva-based United Nations Human Rights Council, in addition to being the leader of Sri Lanka Core Group at the UNHRC, the extraordinary efforts it had made to suppress wartime dispatches from Colombo.
Prof. Peiris underscored the irrationality in the British action as they were reportedly so keen to establish the truth, pertaining to unsubstantiated war crimes allegations directed at the then political leadership and the military.
The Foreign Minister said so addressing a selected group of armed forces and police officers at the National Defence College, Kollupitiya.
Prof. Peiris addressing the officers on the invitation of Maj. Gen. Amal Karunasekara, Commandant of the NDC, Prof. Peiris explained how the British worked overtime to prevent a senior member of House of Lords Michael Wolfgang Laurence Morris from securing classified documents.
At the onset of the discourse, Prof. Peiris acknowledged that Sri Lanka was high on the Geneva agenda at the forthcoming 49th session of the UNHRC scheduled to commence just two weeks later.
The controversial dispatches authored by Lt. Colonel Anthony Gash, the then Colombo-based Defence Attaché dealt with the ground situation on the Vanni front (January to May 2009) as troops surrounded the remaining fighting cadre of the LTTE.
Sri Lanka brought the war to a successful conclusion on May 19, 2009 on the banks of the Nanthikadal lagoon.
Emphasising the importance of the British dispatches sent simultaneously as the fighting was taking place on the Vanni east front, Prof. Peiris asked whether the British questioned the credibility of their own employee based in Colombo.
The UK succeeded the US as the leader of Sri Lanka Core Chair in June 2018 in the wake of the then President Donald Trump quitting the UNHRC calling the UN body a cesspit of political bias. The US returned to the Geneva body in the wake of Joe Biden’s election as the President.
Prof. Peiris discussed why Lord Naseby hadn’t been able to secure the dispatches until he sought the intervention of the Information Commissioner’s Office in terms Freedom of Information Act 2000. However, the Foreign and Commonwealth Office (DCO), the custodian of the classified documents pertaining to the Vanni war, released a heavily censored section of them, Prof. Peiris said, questioning the British motive. The Foreign Minister emphasized that the British documents would have helped those really concerned about accountability issues to ascertain the Vanni situation.
Declaring that he had perused the heavily detracted British diplomatic cables, Prof. Peiris explained how they helped Sri Lanka to prepare its defence. A particular cable questioned the very basis of the UN allegation pertaining to the death of over 40,000 civilians during the final phase of the ground offensive.
During the course of the one-hour lecture, Prof. Peiris assured the military that in terms of international laws applicable to wars/conflict Sri Lankan personnel couldn’t be hauled up before international war crimes court under any circumstances. Twice Foreign Minister Prof. Peiris emphasized there was absolutely no danger or risk in them being subjected to such action as the international law was very clear in this regard.
Prof. Peiris served as the foreign minister during 2010-2015 President Mahinda Rajapaksa’s presidency. President Gotabaya Rajapaksa brought him back as the FM last August in place of Dinesh Gunawardena.
Prof. Peiris also dealt with what he called critically important work undertaken by an international Advisory Council appointed to assist the Presidential Commission to Investigate Complaints Regarding Missing Persons. The Advisory Council comprises three legal luminaries namely the late Sir Desmond de Silva (chairman), Sir Geoffrey Nice, and Prof. David Crane.
Referring to current international ‘flashpoints,’ Prof. Peiris expressed shock and dismay over the way a section of the international community had responded to the Sri Lanka accountability issue. Prof. Peiris was harsh on the creation of a special mechanism to gather information on Sri Lanka against the backdrop of UN Human Rights Commissioner Michelle Bachelet declaration that they have developed an information and evidence repository with nearly 120,000 individual items already held by the UN.
A resolution adopted in March 2021 allows the UN “to collect, consolidate, analyze and preserve information and evidence, and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka, to advocate for victims and survivors, and to support relevant judicial and other proceedings.”
Questioning the credibility of the Geneva process Prof. Peiris asked how evidence and individual items that hadn’t been subjected to examination whatsoever could be used against Sri Lanka.
“How could unsubstantiated claims made under the condition of anonymity be accepted without being verified?” Prof. Peiris asked, accusing Geneva of what the academic called cynical violation of the basic law.
Reiterating Sri Lanka’s commitment to the UN processes, Prof. Peiris questioned the necessity of a special mechanism at the UN’s expense in spite of the availability of UPR (Universal Periodic Review) to inquire into the conduct of all countries. Alleging that war winning Sri Lanka had been singled out and treated unfairly, Prof. Peiris said that the human rights issue was being used as a tool to interfere in domestic affairs.
Prof. Peiris pointed out that Geneva was even interfering in the functions of the Parliament. Referring to Geneva resolutions and statements from therein, Prof. Peiris said: “the devolution of power, reorganisation of the armed forces, reorganization of the police force, the balance of authority between the Central government and the Provincial Councils, the Prevention of Terrorism Act and its reforms are matters that should be decided by the Parliament and the people of Sri Lanka.
Instead of giving local mechanisms much needed support, the UNHRC was pushing to impose solutions, Prof. Peiris said, declaring such measures weren’t durable.
Prof. Peiris stressed the importance of the role played by mechanisms-namely the OMP (Office of Missing Persons), OR (Office of Reparations) and ONUR (Office of National Unity and Reconciliation) in current efforts to address accountability issues. Reference was also made by Prof. Peiris to the Truth and Reconciliation Commission of South Africa while explaining the work undertaken by Commission of Inquiry (CoI) appointed under the chairmanship of sitting Supreme Court judge Abdul Hameed Dileep Nawaz 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.
Declaring that Sri Lanka was ready to cooperate fully with UNHRC, Prof. Peiris said that Geneva couldn’t substitute the Parliament.
News
Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
News
House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
News
Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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