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Midweek Review

Corruption: The House in a bind

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Minister Dr. Wijeyadasa Rajapakse, PC, listening attentively to Sarath Jayamanne, PC, at a recent meeting, at the Justice Ministry, to discuss amendments to the proposed anti-corruption Bill. Jayamanne served as Director General CIABOC (Commission to Investigate Allegations of Bribery or Corruption) during the yahapalana rule. Lawmaker Rajapakse served the same government, as a minister, before the then President Maithripala Sirisena, acting on the behest of the UNP, abruptly removed him from the Cabinet-of-Ministers after he directed corruption allegations against the regime over the leasing of the Hambantota port on a 99-year lease. (From left) Attorney-at-law Ravindranath Dabare, Justice Secretary Wasantha Perera, Minister Wijeyadasa Rajapakse and Sarath Jayamanne (Pic courtesy Justice Ministry)

In the absence of a proper ‘mechanism’ to tackle the massive waste, corruption, irregularities and mismanagement, disclosed by the parliamentary watchdog committees, COPE, COPA and COPF, they are quietly suppressed. In spite of repeated assurances given by the Parliament, tangible measures hadn’t been taken, so far, to ensure legal measures against those responsible. Therefore, the Parliament cannot absolve itself of the responsibility for the current crisis caused by a toxic combination of reckless decision-making, waste, corruption, irregularities and mismanagement.

By Shamindra Ferdinando

Justice, Prisons Affairs and Constitutional Reforms Minister Dr. Wijeyadasa Rajapakse, PC, recently declared that the major allegation directed at lawmakers, was corruption, Minister Rajapakse recalled how he was removed from the post of Chairman of the Committee on Public Enterprises (COPE) during Mahinda Rajapaksa’s first term (2005-2010) as the President, after the outfit disclosed allegations, pertaining to misappropriation of as much as Rs 300 bn in public funds.

Minister Rajapakse said so at the OPA’s (Organisation of Professional Associations) 2022 awards ceremony held at the Cinnamon Lakeside on August 16. Addressing the gathering, after President Ranil Wickremesinghe and Speaker Mahinda Yapa Abeywadena, the one-time President of the Bar Association of Sri Lanka (BASL) said that the Cabinet-of-Ministers has approved a new Bill meant to tackle corruption and fraud. The project has received the support of retired Senior Additional Solicitor General Sarath Jayamanne, PC, lawmaker Rajapakse said, while disclosing the proposed law would deal with asset declarations of lawmakers. Let us hope that the new law, once enacted, will lead to examine among other things the scandalous refusal by Parliament to release the list of its members who have filed their declarations of assets and liabilities, from 2010-2018, in answer to an appeal filed by a journalist Chamara Sampath. The Parliament declined to release the required information in spite of the Right to Information Commission asserting that such information is not protected by parliamentary privilege.

PC Jayamanne, who retired in January last year, was also present on the occasion. Having received the appointment as Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) in Nov 2016, Jayamanne served in that post till late January 2020. Obviously, Jayamanne hadn’t been acceptable to the Gotabaya Rajapaksa administration. The Rajapaksa administration turned the CIABOC and the Attorney General’s Department upside down. The dismissal of so many cases, filed during Jayamanne’s tenure as the DG, CIABOC and incumbent Chief Justice Jayantha Jayasuriya, PC, in his capacity as the AG, since the last presidential election, is an issue that should be addressed by President Wickremesinghe’s government.

There were obvious shortcomings in those filings, like failure to obtain signatures of all bribery commissioners to sign up on those indictments.

The soft spoken senior AG’s Department officer replaced DG, CIABOC, Dilrukshi Dias Wickramasinghe after the then President Maithripala Sirisena publicly rapped her over the handling of bribery and corruption cases, particularly the high profile AGMS (Avant Garde Maritime Services) investigation.

Actually, the yahapalana government suffered irreparable damage, in late 2015, when its law and order Minister Tilak Marapana, PC, resigned after having defended the AGMS. Dr. Rajapakse, too, strongly defended the ex- Army Commando Officer Maj. Nissanka Senadhipathy’s enterprise.

Minister Rajapakse gave the assurance on a new law to tackle corruption and fraud in the wake, President Wickremesinghe addressing the contentious issue at the inauguration of the third session of the 9th Parliament.

The Presidential Media Division (PMD) in a statement issued in Sinhala, quoted Minister Rajapakse as having asserted that the ‘Aragalaya’, (public protest movement) had been caused by yahapalanaya sans transparency.

The moves to introduce a new Bill, against corruption and fraud, should be examined taking into consideration a controversial Cabinet proposal to pay compensation to 27 persons who held senior administrative posts and other positions during the Mahinda Rajapaksa presidency. They have been offered compensation to the tune of nearly Rs 120 mn whereas appeals made by 11 others were rejected.

The compensation has been awarded by a committee, headed by former Chief Justice Asoka de Silva. Other members of the committee, appointed by the then President Gotabaya Rajapaksa, are former Court of Appeal Judge Sunil Rajapaksa, President’s Counsel V.K. Choksy, former Auditor General S. Swarnajothi (resigned on November 11, 2021 and succeeded by Chartered Accountant K.S. Chandrapala de Silva), and retired Accountant H.D. Weerasiri.

The ruling SLPP (Sri Lanka Podujana Peramuna) wants Prime Minister Dinesh Gunawardena to submit the Cabinet paper, in this regard, to the Cabinet of Ministers, headed by President Wickremesinghe. The case of those who had been allegedly victimized by a disputable process initiated by the then yahapalana Premier Wickremesinghe is likely to be presented to the Cabinet of Ministers, headed by Wickremesinghe himself. What would be the Justice Minister’s stand?

Shocking case of a Solicitor General

After Sri Lanka’s triumph over separatist Tamil terrorism, the then President Mahinda Rajapaksa vowed to eradicate corruption. But, just over a decade later, waste, corruption, irregularities and mismanagement, at every level of administration, has resulted in the country being declared bankrupt. The need to carefully examine the responsibility as well as the accountability on the part of the executive, the legislature and the judiciary cannot be ignored. The legislature should accept the major blame as public finance and enactment of new laws are its responsibility.

Let us discuss Solicitor General Dilrukshi Wickramasinghe’s dilemma—a case that never received sufficient media attention. Having lost the post of DG, CIABOC under controversial circumstances, Wickramasinghe returned to the AG’s Department where she maintained a low profile. The then Attorney General Dappula de Livera, PC, interdicted her on Sept. 25, 2019, following a leaked telephone conversation she had with Avant Garde proprietor Senadhipathi in her capacity as the DG, CIABOC. The conversation was leaked to the media on Sept. 20, 2019, immediately after the recording of the discussion, without her knowledge.

The highly embarrassing recorded telephone conversation, whether edited or not, with Avant Garde Chairman Nissanka Senadhipathy, in which she virtually admits how she had to abuse her position in that litigation. That aspect was never investigated.

In spite of her being cleared by the Administrative Appeals Tribunal (AAT), she was not allowed to return to the AG’s Department regardless of specific instructions issued in that regard. The ruling was given in respect of a case filed by Wickramasinghe against the Public Service Commission (PSC).

Wickramasinghe retired on July 30, 2021 after reaching the compulsory retirement age. The unparalleled ruling was given by a three-member AAT consisting of Justice N.E. Dissanayake, A. Gnanathasan, PC and G.P. Abeykeerthi. Justice Dissanayake functioned as the Chairman of the highest tribunal empowered to inquire into such an appeal.

Wickramasinghe appealed to the AAD on Oct 5, 2020. The AAT inquired into disciplinary authority exercised by the PSC in respect of the Solicitor General.

The original ruling that had been given on July 14, 2021 was amended on July 22 subsequent to the PSC seeking clarification of some matters which the AAT considered important. The AAT acknowledged that the issues that had been raised by the PSC weren’t taken into consideration at the time of the issuance of the July 14 ruling.

Attorney-at-law Riad Ameen and Assistant Secretary PSC Srinath Rubasinghe appeared for Wickramasinghe and the PSC, respectively.

The leaked telephone conversation in question was over the controversial case of the Avant Garde floating armoury that divided the previous government, with two ministers with excellent legal backgrounds striking discordant notes.

Dappula de Livera’s successor, Sanjay Rajaratnam, PC, hadn’t, however, allowed SG Wickramasinghe to resume work in spite of the original order nor the amendment ruling given on July 14 and July 22, respectively. A copy of the original order was delivered to the AG’s Office on the evening of July 14.

The AAT ordered (1) Immediate cancellation of PSC directive dated April 06, 2021 that placed SG on compulsory leave pending the completion of a formal inquiry (2) Rescinding of the PSC directive dated October 19, 2020 that sent the SG on compulsory leave to pave the way for her to resume duties (3) Retiring her on July 30, 2021 on her reaching the compulsory retirement age and (4) finalising the much-delayed formal inquiry into the SG’s conduct in terms of Public Administration Circular 30/2019 dated September 30, 2019, expeditiously.

But, the above-mentioned directives were not carried out. Therefore, Wickramasinghe had to retire on reaching the retirement age.

Having acknowledged that Wickramasinghe had found fault with the PSC for the undue delay in finalising the preliminary inquiry and reinstate her, the AAT asserted that the PSC failed to ‘exercise its discretion in a justifiable, reasonable and an objective manner.

The AAT pointed out that Senadhipathy trapped Wickramasinghe with the help of the then UNP Minister Vajira Abeywardena, who gave his phone to the Solicitor General, declaring that Senadhipathy was on line. According to the proceedings, Abeywardena received the call at a Colombo hotel while he was having dinner with Wickramasinghe and her husband. Abeywadena succeeded Ranil Wickremesinghe in Parliament as the only UNP National List MP.

The AAT questioned the failure on the part of those who conducted the preliminary inquiry to record Abeywardena’s statement or examine his phone. The AAT also noted that Senadhipathy spoke to Wickramasinghe through Abeywardena’s phone after Wickramasinghe strongly opposed the Minister’s move to invite the Avant Garde Chairman to have dinner with them at Abeywardena’s residence at Queen’s Road, Colombo 07.

The AAT stated that it had the power to take remedial measures in respect of decisions ‘tainted with error in law and fact’ taken by the PSC.

The AAT also pointed out that Wickramasinghe hadn’t initiated the call and from the outset she insisted that the recording was ‘doctored, edited and distorted.’ Proceedings revealed that AG de Livera had first listened to a tape recording that was edited at 10 places and Senadhipathy himself admitted having edited the recording but he never submitted the original to the Preliminary Investigation Committee. The AAT pointed out that the AG de Livera at the time he made a statement at the preliminary investigations based his assessment on what the AAT called an edited, distorted and unauthentic version of the recording.

Moves against Prof. Herath

Prof. Chritha Herath, former Chairman of the parliamentary watchdog, the committee on Public Enterprises has been quite conveniently dropped from the COPE. Rebel SLPP lawmaker Dullas Alahapperuma recently took up this case with Prime Minister Dinesh Gunawardena. This issue has been taken up along with the discarding of those who voted for him at the presidential contest on July 03. All of them have been dropped from ‘operating committees.’

Sri Lanka Audit Service Association (SLASA) recently requested President Wickremesinghe to re-appoint both Prof. Herath and Chairman of the Committee on Public Accounts (COPA) Prof. Tissa Vitharana. This request has been made on the basis of the performance of the COPE and COPA under the much appreciated leadership given by the two Professors.

However, in the wake of the break-up of the SLPP over differences over economic and political strategy, lawmakers Herath and Vitharana have ended up among the rebels. Prof. Herath switched his allegiance to the group spearheaded by SLPP Chairman Prof. G.L. Peiris and Dullas Alahapperuma, whereas Prof. Vitharana joined the other rebel group also elected on the SLPP ticket.

The SLASA, in its letter to President Wickremesinghe pushed strongly for the re-appointment of the two lawmakers as the heads of the two parliamentary watchdog committees. The outfit warned of efforts to undermine the overall process of bringing the watchdog committees under utterly corrupt elements.

Speaker Abeywardena should look into the accusations made by SLASA without delay. In case, the Speaker felt the outfit made a deliberate attempt to mislead the President and the Parliament, it should be asked to explain.

Prof. Herath obviously angered the powers that be by courageously pursuing investigations with the support of his committee. It would be pertinent to mention that COPE investigations depend on the disclosures made by the Auditor General’s Department. AG W.P.C. Wickremaratne participated in COPE proceedings or was represented by a senior Department official. Lawmakers Patali Champika Ranawaka and Dr. Harsha de Silva, both members of the main Opposition Samagi Jana Balavegaya (SJB) played a significant role in the examinations undertaken by COPE.

Prof. Herath’s stand at the COPE where he quite clearly antagonized the top SLPP leadership can be compared with the challenge faced by lawmaker Wijeyadasa Rajapakse during Mahinda Rajapaksa’s first term. The reaction of the political party in power to investigations undertaken by watchdog committees over the years revealed the nexus between political power and corruption at every level of the government. There cannot be a better example than the high profile Litro case that exposed the government. Litro, owned by Sri Lanka Insurance Corporation (SLIC) in 2020 hired top law firms to prevent state audit of the enterprise. Over Rs 20 mn was spent on the project. Among those who had been engaged by Litro were Romesh de Silva, PC, tasked with drafting a new Constitution and Sanjiva Jayawardena, PC, member of the Monetary Board. Under Prof. Herath’s leadership COPE took a strong stand against Litro’s move. The SLPP National List member didn’t mince his words when he questioned the rationale in a government-owned enterprises objecting to state audits. Unfortunately, the COPE obviously didn’t receive the backing it required both inside and outside parliament to fight corruption.

COPE created history in May this year when it quite clearly established the circumstances leading to the unprecedented economic fallout. Governor of the Central Bank Dr. Nandalal Weerasinghe, Finance Secretary Mahinda Siriwardana and Monetary Board members, Sanjiva Jayawardena, PC and Dr. Ranee Jayamahaha confirmed how the then Governor of the Central Bank Prof. W.D. Lakshman, Finance Secretary S.R. Attygalle, Prime Minister Mahinda Rajapaksa, in his capacity as the Finance Minister, Cabinet-of-Ministers and Presidential Secretary Dr. P.B. Jayasundera pursued a dangerous economic line.

 It is a mystery why Jayamaha and Jayawardena continued to serve in the Monetary Board under successive CB Governors if they disagreed with policies pursued by them.

Against the backdrop of assurance given by President Wickremesinghe and Justice Minister Wijeyadasa Rajapakse that a new Bill would be enacted to fight corruption and fraud, it would be their responsibility as well as that of the Parliament to ensure proper functioning of watchdog committees.

In spite of the country being declared bankrupt and the vast majority of people unable to have two proper meals a day, corruption is on the march. Disclosures made by the Auditor General and parliamentary watchdog committees over the years point out that mega scale corruption takes place under the patronage of those responsible for ensuring transparency in public finance. That is the undeniable truth.



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Midweek Review

Vanni war and killing of Gazan civilians at food distribution sites

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Puthumathalan: Local ICRC personnel, under the supervision of international staff, engaged in the evacuation of the war wounded civilians by ferry to Pulmoddai In a letter to the then Navy Chief, VA Wasantha Karannagoda, dated 14 February, 2009, the head of the ICRC delegation, Paul Castella, deeply appreciated the Navy's role in medical evacuations by sea carried out on 10 and 12 February. The top ICRC official declared that the Navy's response to the situation proved that soldiering is a noble profession. (pic courtesy ICRC).

Hundreds of Palestinians died in the recent past while trying to obtain food in the Gaza strip. Al Jazeera, in a 05 July, 2025, online report, quoted the Gaza Health Ministry as having stated that at least 743 Palestinians had been killed and more than 4,891 wounded while seeking humanitarian aid at Gaza Humanitarian Foundation (GHF) distribution sites.

Al Jazeera pointed out that GHF is a project backed by the US and Israel. The international media have reported that GHF staff used live ammunition and stun grenades against those desperately trying to get some food against the backdrop of punitive Israeli blockade. It would be pertinent to mention that GHF came into being in May this year for the sole purpose of operating Gaza food distribution sites. GHF is a private organisation, fully backed by the US and Israeli Defence Forces (IDF)

Reportage of the ongoing violence at GHF sites emphasised that the whole project that had been cleared by the US and Israeli governments undermined the Gaza population. In other words, the so-called humanitarian project aided the overall US-Israeli strategy meant for Gaza where over 50,000 perished in Israeli attacks so far.

There is also a serious allegation that wheat flour, provided by the US for distribution among Palestinian refugees in Gaza, is spiked by Israel with prescription opioids.

Unparalleled Hamas attack on Israel on 07 October, 2023, triggered a spate of comments on Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE) that was brought to a successful end in May 2009. But, no one, so far, has bothered to compare the barbaric situation in Gaza and how Sri Lanka, with limited resources, dealt with a complex and difficult situation in a far more humanitarian way in order to minimise casualties among Tamil civilians.

Sri Lanka sustained offensive action over a period of two years and 10 months but throughout this period the wartime Mahinda Rajapaksa government ensured the proper distribution of humanitarian aid. The plan involved the Colombo-based diplomatic community, the UN, as well as other reputed international groups, such as the International Committee of the Red Cross and the World Food Programme (WFP).

In addition to the above-mentioned grouping, President Rajapaksa directly involved India in the humanitarian project, thereby giving New Delhi direct access to the war wounded. In fact, if the wounded LTTE cadres sought transfer from Puthumathalan to the India-run emergency medical facility at Pulmoddai, about 55 km north of Trincomalee, in a ship carrying ICRC flag they could have done so.

Swamy’s comment

M.R. Narayan Swamy, discussed the similarities of Sri Lanka’s conflict and the ongoing Israel-Gaza war. New Delhi based Swamy, who had served the UNI and the AFP during his several decades long career, discussed the issues at hand while acknowledging no two situations were absolutely comparable. Swamy currently serves as the Executive Director of IANS (Indo-Asian News Service) and he dealt with the Gaza war soon after the Israeli invasion.

‘How’s Hamas’ attack similar to that of LTTE?’ and ‘Hamas’ offensive on Israel may bring it closer to LTTE’s fate dealing with the issues involved. Let me reproduce Swamy’s comment: “Oct. 7 could be a turning point for Hamas similar to what happened to the Liberation Tigers of Tamil Eelam in Sri Lanka in 2006. Let me explain. Similar to Hamas, the LTTE grew significantly over time eventually gaining control of a significant portion of Sri Lanka’s land and coast. The LTTE was even more formidable than Hamas. It had a strong army, growing air force and a deadly naval presence. Unlike Hamas the LTTE successfully assassinated high ranking political figures in Sri Lanka and India. Notably LTTE achieved this without any overt direct support from any country unlike Hamas that received military and financial backing from Iran and some other States. The LTTE became too sure of their victories overtime. They thought, they could never be beaten and that starting a war would always make them stronger. But in 2006 when they began Eelam War 1V, their leader Velupillai Prabhakaran couldn’t have foreseen that within three years he and his prominent group would be defeated. Prabhakaran believed herding together tens of thousands of hapless Tamil civilians as a human shield during the last stages of the war would protect them and Sri Lanka wouldn’t unleash missiles and rockets. Colombo proved him wrong. They were hit. By asking the people not to flee Gaza, despite Israeli warnings, Hamas is taking a similar line. Punishing all Palestinians for Hamas’ actions is unjust, just like punishing all Tamils for LTTE’s actions was wrong. The LTTE claimed to fight for Tamils, without consulting them, and Hamas claimed to represent Palestinians, without seeking the approval for the Oct. 07 strike. Well, two situations are not absolutely comparable. We can be clear that Hamas is facing a situation similar to what the LTTE faced shortly before its end. Will Hamas meet a similar fate as the LTTE? Only time will answer that question.”

Of course, as Swamy said two situations are not absolutely comparable. The IDF invaded Gaza whereas the Sri Lankan military battled terrorists on home soil. While referring to Hamas being an Iranian proxy, Swamy conveniently forgot how India set up a massive terrorist project in Sri Lanka in the early ’80s. It ended up with the LTTE assassinating Rajiv Gandhi in May 1991, a year after India pulled out its Army from Sri Lanka where over 1,300 officers and men perished in the hands of those who had been trained by India.

Let me get back to humanitarian operations here, particularly during the 2008-2009 period. Whatever those who cannot bear up the LTTE’s annihilation say now, Sri Lanka can be proud of how the displaced population was treated. Of course there had been instances of excesses on the part of the government security forces and police but that was never the state policy.

Vanni humanitarian project

Against the backdrop of continuing killing of hungry Palestinians waiting to collect food, we can examine a high profile operation carried out by Sri Lanka to provide food for the Vanni population during the war. President Mahinda Rajapaksa ensured that those who had been trapped in the war zone received not only food but the best possible medical care in spite of the raging battles.

The President never hesitated to involve foreign governments and international organisations in the Vanni humanitarian project. Regardless of the military reporting some elements positioned themselves within the international grouping involved in the humanitarian work that provided support to the LTTE, the government continued to involve international groups. Unlike the controversial Gaza humanitarian operation, Sri Lanka never handed over the mission to the private sector.

Contrary to accusations that Sri Lanka waged a war without witnesses, the ICRC had been in Puthumathalan till the second week of February 2009 but even after their pullout the governmentled system ensured the evacuation of those wounded in the LTTE-controlled areas and continuously ensured food and other essential supplies to the war zone. The operation involved the ICRC and the WFP.

As the Army advanced further into the fast dwindling LTTE-held territory, the ICRC international staff, who had been in the Vanni, west and east, throughout the offensive, were evacuated by ship flying the ICRC flag on 10 February, 2009. ICRC ships evacuated hundreds if not thousands of wounded civilians, as they were held by the Tigers at gun point as a human shield, beginning 10 February, 2009, till 09 May, 2009, the last voyage before the conclusion of the war. On 16 occasions, ICRC flagged ships arrived at Puthumathalan during this period, ICRC international staff were allowed to visit Puthumathalan each time the vessels came.

Would a country perpetrating genocide, as Canada alleged, allow ICRC international staff to visit Puthumathalan, permit transfer of the war wounded out of the battle zone or positioned Indian medical relief team between Puthumathalan and Trinomalee? Actually, if Velupillai Prabhakaran and his family wanted they could have given themselves up to the ICRC at Puthumathalan and brought the war to a faster conclusion. Instead, Prabhakaran sought to negotiate an arrangement that allowed him to survive while the armed forces were prevented from achieving their final objective. The wartime Defence Secretary Gotabaya Rajapaksa and three service commanders, Vice Admiral Wasantha Karannagoda, Lt. Gen. Sarath Fonseka, and Air Marshal Roshan Gunetilleke, were solidly behind the President.

Visit to Pulmoddai

The writer was one of the few journalists allowed to observe the transfer of people from Puthumathalan to Pulmoddai from a SLN Fast Attack Craft (FAC) positioned off the Puthumathalan coast, in the last week of April 2009, and then visited Pulmoddai where the wounded were handed over to the Indian medical team based there. That had been a very worthy move on the part of President Rajapaksa. The deployment of an Indian medical team to treat the wounded countered lies propagated by various interested parties. Those who faithfully believed in the LTTE’s invincibility couldn’t bear up the beating the group was receiving at the hands of the Sri Lankan military. Admiral of the Fleet Karannagoda’s memoirs ‘The Turning Point’, the English version ‘of Adhistanaya’ is a must-read for those interested in the Sri Lanka conflict. Published by Penguin Random House, India, the book dealt with the overall Navy’s role with the focus on the destruction of the LTTE’s floating warehouses that hastened the collapse of the fighting cadre. How the US provided specific intelligence to destroy four floating warehouses in September and October 2007, against the backdrop of the Army depriving the Navy of an opportunity to listen to LTTE communication, due to petty rivalries, is perhaps the most single significant help provided by a country by way of intelligence.

Having liberated Kilinochchi, in January, Sri Lanka intensified operations on the Vanni east front. Amidst the collapse of LTTE defences, Sri Lanka in February 2009 requested India to send an emergency medical team to Sri Lanka and the actual deployment took place at Pulmoddai on March 09, 2009. Following our request, New Delhi established an emergency field hospital where a 62-member Indian medical team worked until the conclusion of operations. Over 3,000 people, who had been wounded during the battles, were treated by the Indians over a period of two months and soon after the conclusion of the war, the team moved to Menik Farm refugee camp where the group treated over 25,000 people by the second week of July 2009. India pulled out its team by the end of August 2009. By then, Sri Lanka stabilised the situation and, contrary to some claims, the LTTE couldn’t revert to hit-and-run attacks.

The small group of journalists was allowed into the Indian medical facility. At the time of our visit, more wounded were brought in by the ICRC flagged ship.

UN report

The UN Secretary General’s Panel of Experts (PoE) report acknowledged that altogether 2,350 tonnes of food had been delivered to Mullivaikkal, from 10 February, 2009, to 09 May, 2009, and 14,000 wounded civilians and their relatives evacuated during this period (Paragraph 108).

The government knew of the danger in some of them disappearing but still they were allowed into the south.

The ICRC made a bid to bring in supplies and evacuate the wounded on 15 May, 2009, but couldn’t do so due to heavy fighting. The bottom line is that the ICRC had access to Puthumathalan till 09 May, 2009, just 10 days before the SLA killed LTTE leader Velupillai Prabhakaran.

Sri Lanka’s continuing failure to set the record straight, in spite of having all required information/evidence is a mystery. In fact, successive governments never bothered to examine WikiLeaks revelations and use them to clear the country’s name from wild accusations of war crimes, emanating from the West, in support of the separatist cause. In one leaked document alone, a top ICRC official was quoted as having said that the Army paid a heavy price for taking civilian factor into consideration during the final phase of the offensive.

International organisations, including the UN, had access to the Northern and Eastern provinces. The bottom line is that the ICRC operated in Vanni east till late January 2009, though the UN pulled out of Kilinochchi in September 2008. However, the PoE report admitted that UN international staff were allowed entry to the Puthukkudiyiruppu Hospital, following the 29 January-04 February, 2009. artillery barrage directed at the facility by the Army.

Wartime MP Mano Ganesan had been one of those who alleged that Sri Lanka received the blessings of the international community to conduct a war without witnesses. Let me discuss the MP’s allegation, taking into consideration the PoE report on Accountability in Sri Lanka.

During high intensity battles in the Vanni east, the only permanent hospital functioning in that region was at Puthukkudiyiruppu. Regardless of government denials, that hospital had been hit repeatedly by artillery, including Multi Barrel Rocket Launchers (MBRLs) during the 29 January-04 February, 2009, period. There is absolutely no point in denying that fact. But it would have been more a scare tactic to speed up the end of the fighting, as if the SLA had wanted, it could have easily flattened the hospital with MBRL fire.

According to the PoE report that had been officially released on 31 March, 2011, the SLA granted UN international staff access to the hospital, damaged due to attacks during 29 January- 04 February, 2009. The report also disclosed that there had been two ICRC international members at the hospital when it was hit on 04 February. (Paragraph 91).

Therefore, there is no basis for MP Ganesan’s malicious claim that Sri Lanka conducted a war without witnesses. The UNSG’s report also acknowledged that LTTE cadres, who had been wounded in fighting in the nearby frontline, were brought to the Puthukkudiyiruppu Hospital where the organisation maintained a ward for them. (Paragraph 94).

The international community never gave Sri Lanka the go ahead for an all-out war in 2006. In fact, Western powers constantly put pressure on Sri Lanka to continue negotiations in an obvious attempt to help the Tigers, regardless of grave provocations by LTTE terrorists. There couldn’t be a better example than the assassination of Foreign Minister Lakshman Kadirgamar, at his Bullers Lane residence, in August 2005. The assassination had been carried out just four months before the presidential poll, regardless of the Norway arranged Ceasefire Agreement (CFA) that was really meant to destabilise the country in the guise of working for peace.

LTTE surrender

UN High Commissioner for Human Rights Volker Türk appeared to have ignored Sri Lanka’s efforts to provide relief for all affected parties, including the ex-LTTE, as soon as the war was brought to an end.

The Tamil community immensely benefited from the post-war rehabilitation of the ex-LTTE cadres. The government rehabilitated nearly 12,000, while child soldiers were simply released. But the likes of retired Supreme Court justice C.V. Wigneswaran brazenly sought to take the shine out of Sri Lanka’s genuine efforts to bring about reconciliation, by falsely claiming that the Army poisoned over 100 ex-LTTE combatants held in rehabilitation camps. He ended up with egg on his face but he never bothered to acknowledge his blatant lie. Sri Lanka never pursued the matter. Wigneswaran lie is far worse than unsubstantiated allegations, propagated by various interested parties, as he once was a member of the country’s apex court. We can imagine how he dispensed justice as a sitting judge in the lower courts for decades, even prior to being elevated to the highest court.

Sri Lanka should have used the high profile post-war IOM (International Organisation for Migration) project to help ex-LTTE, as well as members of the breakaway Karuna faction, to prove her efforts. Unfortunately, Sri Lanka never had a cohesive plan to counter lies. The situation remains the same as interested parties continue to humiliate the warwinning country. Let me end this piece by underscoring the importance of establishing the total number of ex-LTTE and members of other violent groups who received citizenship in the West. They are now all over the world. General Secretary of the British Tamil Forum (BTF) V. Ravi Kumar is an ex-LTTE cadre from Jaffna. Australian-born Adele Balasingham, widow of the late LTTE theoretician Anton Balasingham, lives in the UK. What is Turk’s position on this woman, who, while wearing the LTTE uniform, handed over cyanide capsules to female LTTE cadres, some of whom were child soldiers? Perhaps Sri Lanka should raise the issue as part of its overall defence against wild war crimes accusations still being dished out against the country from the West.

By Shamindra Ferdinando

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Midweek Review

‘Masterpiece: The Origin and Evolution’ – II

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Red Beard

(Part 1 of this article was published in Midweek Review on 25 June 2025.)

French sculptor and painter Marcel Duchamp say, “a Masterpiece is created by the viewer, not by the artist”. He highlights the idea that the interpretation as well as deriving meanings of art are subjective and embedded within the viewer’s experience, rather than being solely determined by the discretion of the artist. Former Director of the Louvre Museum Henri Loyrette once stated, “It became evident that it is extremely difficult, if not impossible, to articulate a definition of masterpiece that could be accepted universally”.

In terms of body of work, three conducive elements exercise a significant influence over recognising and positioning a creative work in the realm of art as a ‘Masterpiece’.

Firstly, a work of Art which showcases technical and artistic innovation is indelible from history books and capable of earning substantive accolades from the spectators. These conditions entitle a work of Art to continue to endure as a ‘Masterpiece’.

Created in 1872, Impressionist painter Claude Monet’s ‘Impression Sunrise’ is a work of art which received universal recognition as a ‘masterpiece’ for its innovative artistic and conceptual approach and technical amelioration. The ‘Name’ of this artistic tradition derives from the title of Monet’s ‘Impression Sunrise’. The name was coined by French art critic and journalist Louis Leroy, referring to the Impressionist style in a derisory manner at the first Impressionist exhibition in Paris in 1874. Monet’s ‘Impression Sunrise’ was accompanied by remarkable technical advancement which resulted from research in Optics. Eugene Chevre, a French chemist, discovered that optical illusions could be created by placing certain colors next to each other. Taking advantage of this finding, Impressionists combined visible, short and thick brush strokes with glowing vibrant colors to create a sense of light and darkness, movement of objects and sense of distance.

Tomoko in Her Bath

Another key example of the innovative application of technical and artistic developments is D.W. Griffith’s silent cinematic anthology ‘The Intolerance’. Released in September 1916, with an enormous production cost of 2.5 million dollars, it is considered to be a bold step by a filmmaker in the history of creative filmmaking. Despite the movie’s commercial failure, considering its narrative style, sophisticated editing techniques, innovative cinematography, expensive costume design, massive set designs and 3000 extra cast, it consistently receives appraisal and recognition as a benchmark in film history. Many European and Soviet filmmakers drew inspiration from its unconventional editing and historical storytelling. In 1989, the American Library Congress recognized ‘Intolerance’ as “a film with lasting social and cultural significance”.

Russian filmmaker Sergei Eisenstein’s silent film ‘Battleship Potemkin’ (1925) continues to be recognized as a cinematic ‘Masterpiece’ and persists as one of the greatest even to this day for its groundbreaking editing technique. The ‘Soviet Montage Theory’ developed by Eisenstein highlights the power of editing to create meanings and evoke audience’s emotional response. The essence of the theory suggests the juxtaposition of distinct shots to create a new meaning or effect, often conveying a specific meaning or emotion more powerfully than the individual shots alone.

Secondly, an artistic work with a strong emotional appeal tends to endure, transcending the spatial and temporal boundaries as a Masterpiece. A work of Art which evokes strong emotions in the human mind never fades away from the person’s emotional sphere. Profound human dynamics depicted in an artistic composition prompt the spectator to reflect on their own personal human dynamics. A work of art interacts with the viewer using a visual language. This enables the viewer to perceive and interpret the ideas as well as emotions that might be difficult to articulate through words.

The poignant historical photographic essay ‘Tomoko in Her Bath’, captured by American photojournalist Eugene Smith, manifests a strong emotional statement of profound love, tenderness and compassion between a mother and her child who is severely paralyzed and deformed, being bathed in a bath tank . The photographic composition, reminiscent of Michelangelo’s Pietà, reveals the traumatic story of Tomoko, who lived in the Minamata fishing Village in Japan and was crippled by mercury poisoning after consuming contaminated fish. The fish were contaminated with tonnes of industrial wastewater containing mercury dumped into the marine area of Minamata Bay by a chemical factory between the period of 1932 and 1968. Smith’s artistic and symbolic expression of the dimensions of human suffering caused by the devastating industrial pollution elevated this powerful image to the status of a ‘Masterpiece’.

The aesthetically expressed subliminal human conditions in cinema continue to endure in the human sphere, transcending all boundaries. They provide a strong catalyst for the viewer to be companionate, empathetic and humane towards the ‘other’. One such example is the outstanding cinematic expression Red Beard (1965) by Akira Kurosawa, who reflects the importance of empathy and compassion to the greatest extent possible. Kurosawa’s incomparable humanistic approach in this movie contemplates a simple humanist gesture of kindness that could give solace to humans who are bereft of attention, love and respect. This in turn awakens a profound sense of compassion and sympathy in the viewer.

The Green Mile

“I am always hungry, so are my siblings. I wish I was a horse. Horses eat grass; we have plenty of that”. These heart-wrenching words were from the outspoken little one called ‘Chobo ’in the movie. The character of ‘Chobo’ who is driven by hunger steals food for him and his family, reflects the magnitude of human suffering, helplessness and the depth of human misery in a poverty-stricken social backdrop. The weight of the humanist theme of the movie enables the viewer to deeply immerse and resonate with the narrative and characters, which eventually ensures the cinematic expression lasts as long as a ‘Masterpiece’.

Another cinematic creation which delves deeper into themes such as compassion, injustice and empathy is Frank Darabont’s ‘The Green Mile’ (1999), which signifies the importance of being humane towards the ‘other’ at any moment in life. The execution of wrongly convicted ‘John Coffey’, a man with a physically imposing figure and a childlike gentle soul, by electrocution is one of the most powerfully constructed and poignant scenes in cinema history. This scene made the audience deeply saddened and sustained a lasting impact on the human mind, making ‘The Green Mile’ stay among the most emotionally impactful movies of all time.

Thirdly, the ‘Creative Excellence’ reflected by a Work of Art holds authority to declare itself a ‘Masterpiece’. Such ‘Masterpieces’ shine bright as ‘Artistic Exceptions’. These exceptional works have a unique way of initiating an impressive conversation with the viewer using their iconic visual language enriched with aesthetic elements. These extraordinary pieces of Art possess a certain charisma to attract the viewer while allowing the viewer to find meanings and insights through interpreting them over time. Some of the prime examples found in the global realm of art include ‘David’ by Michelangelo, Leonardo da Vinci’s ‘Mona Lisa’ (1503-1506), Johannes Vermeer’s ‘Girl with a Pearl Earring’ (1665) and ‘Guernica’ (1937) by Pablo Picasso. And powerful cinematic expressions such as ‘Doctor Zhivago’ (1965) by David Lean, a movie based on the novel by Boris Pasternak of the same name ‘Doctor Zhivago‘ (1957), ‘The Mirror’ (1975) by Andrei Tarkovsky, Terrence Malick’s ‘The Tree of Life’ (2011) and Christopher Nolan’s “Oppenheimer” (2023) continues to carry a powerful artistic charisma and enduring influence and considered masterpieces, regardless of critical acclaim or widespread criticism. These masterpieces often inspire prospective artists, while remaining inimitable and irreplaceable. The confluence of the extraordinary creativity of the artist and the unparalleled creative appeal reflected in the work elevate it to the state of eternity. The visual language of artistic creations, which is considered eternal, encompasses multiple inherent ambiguities. They evoke mystery, enigma and sense of wonder in the viewer and never allow the viewer to interpret or comprehend it extensively. The intriguing and enigmatic portrayal of visual symbolism in such masterpieces reflects the hidden mysteries of human nature which trigger curiosity in the spectator.

Leo Tolstoy, in one of his diary notes on May 17, 1896, writes ” the principal aim of art, if there is art, and if it has an aim, is to manifest and express the truth about man’s soul, to express those mysteries which it is impossible to express simply by speech. From this spring’s Art. Art is a microscope which the artist fixes on the mysteries of his soul and shows to people those mysteries which are common to all”.

The meaning of ‘Masterpiece’ evolved through temporal stages, from a term devised within Craft Guilds in the 12th century to a modern definition encompassing a wider range of creative genres in the subjective space. The possibility for a work of Art to reign in authority as a masterpiece is determined by the amplitude of recognition, appreciation and its ability to resonate deeply with the viewer’s artistic and emotional perceptions, otherwise it is bound to fade into oblivion. The creative work’s visual power is a crucial factor for fostering an interrelationship with the viewer. This interrelationship could last for centuries. British historian and broadcaster Kenneth Clarke, in his 1979 book’ What is a Masterpiece’, mentioned the “extraordinary fact that they can speak to us, as they have spoken to our ancestors for centuries”.

by Bhagya Rajapakse
bhagya8282@gmail.com

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Midweek Review

Steadfast Helmsman

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Deshamanya Bradman Weerakoon,

Whose absence will be keenly felt,

Chose simplicity as his forte,

And skipped the glare of cheap publicity,

Instead worked silently behind the scenes,

And placed duty above self-glorification,

A quality that served him in good stead,

During that fateful year of 1983, for instance,

When he ensured Sri Lanka’s sustenance,

But this about him was most striking –

He served the state to the best of his ability,

But was not at the behest of Political Masters.

By Lynn Ockersz

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