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Midweek Review

Death of a Patriot

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The late Gomin Dayasri declared he didn’t want to be a President’s Counsel. Appearing on Sirasa Pathikada, the outspoken lawyer said that there was no point in requesting such a title. Dayasri said so during a conversation with the late Bandula Jayasekera, who invited him on several occasions. Dayasri pointed out the absurdity in the process of appointing President’s Counsel.

By Shamindra Ferdinando

The much respected senior Attorney-at-Law Gomin Dayasri, 77, is no more, but his voice carried such weight that he had the opportunity to advise the Mahinda Rajapaksa government (2005-2015) at the highest level, in his heyday, despite not fearing to admonish them whenever it was deserved. The final rites were conducted on July 02 at the Borella Cemetery.

A true patriot, Gomin had been among those who stood for Sri Lanka’s unitary status whatever the consequences. During the war, and after, Gomin, always mindful of the interests of the armed forces and the police, which was not a popular thing to do among those who had the ear and patronage of the self-appointed international community of the West and was among those few civil society activists who valiantly threw their weight behind the campaign against separatist terrorists as it was treated like heresy by those same elements who worshipped the West.

Sirasa and MTV/TV 1, although being constantly accused of undermining the war effort, earned the respect of the nationalists for the coverage given to the late lawyer. The writer received opportunities to participate in Sirasa and MTV/TV 1 programmes, sometimes, with the late Dayasiri who strongly opposed federalism, separatism and foreign interference.

Top lawyer, Gomin Dayasiri, and General Secretary of the Communist Party of Sri Lanka, Dew Gunasekera, declared that Sangakkara couldn’t have made that statement in the UK at a better time.

The late Dayasri never hesitated to take on the Rajapaksa government if he felt it was on the wrong path.

A case in point is Kumar Sangakkara’s controversial hour-long Sir Colin Cowdrey lecture delivered in July 2011, at Lords. A section of the then government depicted the lecture as a frontal attack on them. Those who resented Sangakkara for exposing their wrongs, cleverly deceived then President Mahinda Rajapaksa. They propagated the lie that the cricketer was challenging the government and was working with the Opposition. Sangakkara earned the wrath of the then government though he paid a glowing tribute to the war winning armed forces at such a prestigious forum at a time a section of the international community, including the UK, was and is literally hounding Sri Lanka’s valiant fighting units for bringing on an implausible victory against all odds, wherever possible.

He was neither a blind worshipper of patriots, the late Dayasri was among the few who dared to stand by Sangakkara. When the writer sought his response to the threats on Sangakkara, Dayasri was prompt and strongly supported Sangakkara’s demand to tackle waste, corruption and irregularities in the game, Dayasri declared that a cohesive strategy was required to stamp out corruption in both public and private sectors. Sangakkara’s speech couldn’t have come at a better time, Dayasri said, adding: “The dashing batsman’s eloquent presentation was very pro-Sri Lanka as against the LTTE terrorism and cricket terrorism. If any politician, or the government, decides to take action against the player, there’ll be a public outcry because the sports personality has courageously exposed the insider dealings in Sri Lanka Cricket. More of Sangakkara’s kind should come to the forefront.” (“The day Kumar Sangakkara felt humbled’, with strapline ‘Unpardonable failure to capitalize on ‘Spirit of Cricket’” lecture, on January 25, 2017 issue of The Island). Michael Roberts posted in The Island Midweek column article under the headline ‘Sangakkara’s MCC lecture and the Rajapaksa/ Wickemesinghe governments’ failures,’ in his Thuppahi blog.

Sangakkara became the first speaker to receive a standing ovation at Lords since Bishop Desmond Tutu in 2008. Both the UK-based, and Sri Lankan media focused on Sangakkara’s assault on the politically influential cricket administration and the criminal waste of funds, as well as resources belonging to Sri Lanka Cricket. The Sinhala print and electronic media completely ignored Sangakkara’s speech.

Dayasri asserted that the only shortcoming in Sangakkara’s superb speech was the absence of a reference to the Indian factor in Sri Lanka terrorism. Dayasri suggested that the writer left that out as Sangakkara must have had reason to be silent on the Indian factor.

The following post by Janaka Perera “Gomin did not confuse patriotism with loyalty to any political party or consider it the monopoly of any group” in the US-based Gamini Edirisinghe’s e-mail thread, explained the late lawyer’s response to the situation.

Daya Gamage posted: “I have been following Gomin Dayasiri’s trajectory for the past 30 to 40 years, his struggle to keep Sri Lanka undivided”.

Nimal Fernando posted: “A true son of the soil, whose fierce patriotism was a source of solace for Mother Lanka.”

Dr. Anula Wijesundere declared in her post that Gomin was a true patriot and a great lawyer who spoke fearlessly and eloquently against LTTE terrorism. Like the other great patriotic lawyer, the late S.L. Gunasekera, Gomin, too, appeared free of charge and defended the armed forces and the police.

Lt. Col. Anil Amarasekera recalled the services rendered by Gomin Dayasri and the late S.L. Gunasekara.

The retired officer posted the following: “… during their lifetime, they worked tirelessly to protect and preserve the unity and territorial integrity of our motherland for posterity”.

Gomin even appeared for me free of charge when I filed a case against the then Commander of the Army for violating my fundamental rights by not allowing me to enter the Sinhalese villages in the Weli Oya region to work against the devolution proposals of the then Chandrika Bandaranaike Kumaratunga government. The Commander of the Army withdrew the order preventing me from entering Weli Oya after a fundamental rights petition was filed in the Supreme Court. Therefore we withdrew our fundamental rights case.

Asoka Bandarage: “Sri Lanka has lost a beloved patriot. Gomin Dayasiri was a brilliant, courageous and interesting individual. I communicated with him a number of times on matters pertaining to peace and sovereignty of Sri Lanka. Gomin gave advice freely when H.L.D. Mahindapala and I were faced with legal charges over our writings on Sri Lanka. I also had the opportunity to visit and enjoy lunch at Gomin’s home in the tranquil village setting off Thalawathugoda.”

Sudharshan Seneviratne: “I do remember Gomin very well at Ananda. We admired him for his oratory skills and his sharp rebukes levelled at the opposing debating team!

In a limed way though, he did give his valued opinion on the College English Union magazine, the Spark, edited by Deva Rodrigo.

After he left college Gomin took time off while he was doing his Law exams to tutor me on the AL Government paper.

Later we met, not frequently though, at Anuradhapura when I was excavating at the citadel and Jetavanaramaya where he did have pointed questions on culture, identity and training of the next generation.”

Gamini Edirisinghe posted the News First video clip of Dayasri’s funeral.

Oct 2006 triumph

The judgment on the high profile case, filed by the JVP seeking de-merger of the Eastern Province, comprising Ampara, Batticaloa and Trincomalee Districts from the Northern Province, was delivered on Oct 16, 2006, the day an LTTE suicide attack on a Navy land convoy claimed the lives of nearly 100 of its personnel at Digampathaha (not Digampathana) between Habarana and Dambulla. Digampathaha attack was the single worst directed at a military convoy during the entire war whereas the judgment could be considered the most important as regards Sri Lanka’s unitary status.

The Supreme Court on Oct 16, 2006 declared the merger of the northern and eastern provinces, implemented in terms of the controversial 1987 Indo-Sri Lanka Accord, ‘null and void and illegal’. The Court declared that material provided by the petitioners resulted in “volumes of material to establish the divisions that existed in historic times and that the eastern province was part of the Kandyan Kingdom at the time of the British conquest”.

The ruling was given in spite of heavy international pressure against de-merging the East from the North. It would be pertinent to mention that at the time of the SC judgment and Digampathaha suicide attack, the LTTE’s conventional military capacity was considered inviolable, especially by the West. In fact, the armed forces hadn’t been able to seriously challenge the LTTE, at least in the Eastern Province, at the time of the historic judgment.

In Sept. 2006, Co-Chairs backing the peace process – the United States, European Union, Japan and Norway – cautioned Sri Lanka against the move. Co-Chairs warned: “There should be no change to the specific arrangements for the North and East which could endanger the achievement of peace. The legitimate interests and aspirations of all communities, including the Tamil, Muslims and Sinhala communities, must be accommodated as part of a political settlement.”

Prominent lawyers H.L. de Silva, S.L. Gunasekera and Gomin Dayasri appeared for the petitioners. Prof. Nalin de Silva, who served as Sri Lanka’s Ambassador in Myanmar (Sept 2020-Sept 2021), recalled in a piece on Gomin Dayasri, written in Sinhala, the role played by the three lawyers in the triumphant case.

Son of fearless N.Q. Dias, Permanent Secretary, Ministry of Defence, during Mrs. Sirimavo Bandaranaike’s first term (1960-65) as Prime Minister, has been given a new name. Showing his disdain for the colonial past his father, ditching the Portuguese derived last name Dias, still carried by many Sri Lankans, proudly and simply named him Gomin Dayasri and sent him to Ananda College though his mother very much preferred Anglican S. Thomas College, Mount Lavinia. But, N.Q. Dias, who had studied at an equally elitist Trinity College, Kandy, desired his son to receive an education at Ananda College for obvious reasons.

Prof. de Silva played a glowing tribute to Gomin’s father, legendary civil servant N.Q. Dias, for facilitating the recruitment of Sinhala Buddhists to the armed forces’ officer corps, which, along with top echelons of the police, was till then an almost exclusive club of Christians. Had that not happened, the armed forces couldn’t have brought the war to an end on the banks of the Nanthikadal lagoon in May 2009, Prof. de Silva asserted.

Declaring that the case against the merger of the Eastern Province from the Northern had been the most important one the late Dayasri appeared, Prof. de Silva declared that if not for lawyers H.L. de Silva, S.L. Gunasekera and Gomin Dayasri, Sri Lanka’s history could have been different. Pointing out that except Dayasri, other lawyers weren’t Sinhala Buddhists, Prof. de Silva emphasized the need to de-link the East from the North through the passage of a Parliament act. That should be done in honour of those lawyers who rendered great service to the motherland. We would however like to differ with Prof. Nalin de Silva on late S.L. de Silva, though born into a Christian family, he was a life-long agnostic.

Accountability issues

The late Dayasri had been seriously disappointed with the way Sri Lanka handled accountability issues both during the conflict and after. The Island reportage on the conflict and related matters certainly received a big boost, thanks to advice and suggestions the writer received from the late lawyer. Dayasri was always accessible and never declined to comment on contentious issues. Twice he visited The Island editorial after the conclusion of the sittings of the Presidential Commission of Inquiry (CoI) at the BMICH, into the killing of 17 persons employed by the Action Contra La Faim (ACF) to provide the writer a briefing of what was going on. The CoI also inquired into the killing of five youth in Trincomlee in January 2006.

On one occasion, Dayasri provided the writer several photographs of civil society representatives with foreigners involved in the process. With a mischievous grin, Dayasri said the role played by most foreign-funded NGOs here was quite treacherous. The lawyer asserted that successive governments pathetically failed to meet the challenge posed by those who represented the interests of separatists.

The ACF case took an unprecedented turn in late March 2008, when the late Dayasri challenged the right of one-time Government Agent Dr. Devanesan Nesiah to be Commissioner due to his close relationship with the Centre for Policy Alternatives (CPA). S.L. Gunasekera, who also appeared for the military, demanded Dr. Nesiah’s removal.

Appearing for the then Lt. Gen. Sarath Fonseka’s Army, free of charge, Dayasri opposed Dr. Nesiah’s role against the backdrop of the Centre for Policy Alternatives (CPA) being made party to the high profile case. Dayasri targeted Dr. Nesiah after the Presidential Commission accepted CPA and several other civil society groups, party to the inquiry on the basis of an application submitted by President’s Counsel and one-time President of Bar Association of Sri Lanka (BASL) the late Desmond Fernando. Justice N.K. Udalagama headed the Commission. The proceedings were held under the scrutiny of International Independent Group of Eminent Persons (IIGEP).

Dayasri didn’t mince his words when he questioned the failure on the part of Dr Nesiah to disclose his close relationship with the CPA at an earlier stage. Alleging that it had been a serious lapse on the part of the Commissioner, Dayasri bluntly told the former Jaffna Government Agent Nesiah: “You cannot be a judge in your own case because not only justice must be done, but it must be seen to be so done, otherwise there’ll be the likelihood of bias.”

Dayasri and Desmond Fernando clashed at the inquiry over the latter’s claim that a minister confided in him that he (minister) knew the perpetrators of the Muttur massacre. Dayasri demanded that Fernando should get into the witness box. Fernando skipped the proceedings the following day (Probe into Muttur massacre takes a dramatic turn: Commissioner’s right to hear case challenged due to NGO link, The Island, March 27, 2008 edition).

As a result of the stand taken by Dayasri and Gunasekera, President Mahinda Rajapaksa had no option but to intervene. In a letter dated June 06, 2008, Presidential Secretary Lalith Weeratunga asked Dr. Nesiah to explain his relationship with the CPA and the payments received from the CPA. In spite of the presidential directive for him to step down, Dr. Nesiah joined the proceedings on June 10, 2008. Dayasri’s protests compelled the CoI to ask Dr. Nesiah to leave (Commission probing human rights violations: Nesiah dropped after President’s intervention, The Island, June 11, 2008)

Dayasri also argued against the 19th Amendment in a Fundamental Rights petition before the Supreme Court in 2015. Many an eyebrow was raised when Dayasri petitioned against President Maithripala Sirisena’s decision to dissolve Parliament in Oct 2018. Dayasiri told the Supreme Court though he opposed the 19A, since its passage in Parliament, yet the President was duty-bound to act in accordance with it, and the dissolution in less than four and a half years without a Parliament resolution was unconstitutional.

Dayasri simply ignored the fact that Mahinda Rajapaksa had received the premiership as a result of Maithripala Sirisena’s constitutional coup.

In conversation with the writer, Dayasri, lecturer in law and respected commentator on matters of national importance, expressed serious concerns over the failure on the part of the government to address the Geneva challenge. The absence of a clear action plan to use disclosures made by Lord Naseby offended Dayasri, who felt those who exercised political authority quite conveniently failed to exploit the advantage given by Lord Naseby. The cancellation of the Victory Day parade by the Sirisena-Wickremesinghe government in 2015 angered the lawyer. Calling the decision a disgrace, Dayasri explained that the President and the Premier should be ashamed of themselves.

Dayasri earned the respect of the armed forces and the vast majority of people. His contribution and influence would remain as the country struggles to cope up with an extremely difficult situation caused by waste, corruption, irregularities, mismanagement and, most of all, simple political incompetence at the highest level, being the prime cause of it.



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Midweek Review

Legacy of enforced disappearances: Vital facts conveniently forgotten to whitewash LTTE and India

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One-time child soldier Jesuthasan Antonythasan poses with actresses Claudine Vinasithamby and Kalieaswari Srinivasan during a photocall for the film "Dheepan" at the 68th Cannes Film Festival in Cannes. The movie won the Palme d'Or in 2015. Antonythasan fought for the LTTE terrorist group before fleeing Sri Lanka and reached France in 1993. Of those categorised as missing, perhaps he is the most famous.

Those demanding accountability from Sri Lanka for war crimes allegations are strangely silent on atrocities committed by the LTTE. On the orders of its leader Velupillai Prabhakaran, the LTTE killed hundreds of members belonging to rival terrorist groups. It assassinated President Ranasinghe Premadsasa, almost succeeded in assassinating President Chandrika Bandaranaike Kumaratunga and made attempts on President Mahinda Rajapaksa. But, the indiscriminate use of children as cannon fodder went unnoticed. How many children, forcibly recruited into their ranks, perished in fighting? And, lastly, shouldn’t the Tamil community hold the Illankai Thamil Arasu Kadchi (ITAK)-led now defunct Tamil National Alliance, that recognised the LTTE in 2001 as the sole representative of the Tamil speaking people, responsible for death and destruction caused since 2001?

By Shamindra Ferdinando

Working Group on Enforced or Involuntary Disappearances (WGEID) representative Ana Lorena Delgadillo Pérez, and head of the Association of Relatives of Enforced Disappearances (ARED) Yogarasa Kanagaranjini, on 30 August, opened an exhibition at the Thanthai Selva Auditorium in Jaffna. The exhibition, appropriately named ‘Long Road for Justice,’ coincided with the International Day for Victims of Enforced Disappearances.

Pérez later addressed a conference held therein where the responsibility on the part of Sri Lanka was stressed.

Civil society activist Sunanda Deshapriya, in an article titled ‘Sri Lanka’s Disappeared: Where Do We Go from Here?’ carried in Jaffna Monitor, dealt with missing persons issue. Deshapriya focused on the North-East war (https://www.jaffnamonitor.com/sri-lankas-disappeared-where-do-we-go-from-here/)

The ICRC, Colombo, issued a statement regarding the International Day of the Disappeared. When the writer sought the number of missing persons in the country, Ruwanthi Jayasundare, Head of Communications, said that they had a caseload of 15,000 registered tracing requests (1983-2009) but she asserted that the actual number of missing was far bigger (https://island.lk/icrs-sustained-and-collective-efforts-critical-to-address-issue-of-missing-persons/)

Perhaps, many people wouldn’t know that the ICRC arrived here in 1989 during the second Janatha Vimukthi Peramuna (JVP) terror campaign in the wake of Indian military intervention here. The much discussed issue of disappearances must be appropriately dealt with, taking into consideration the relevant factors. At the time of their deployment here, President Ranasinghe Premadasa had been engaged in direct talks with the Liberation Tigers of Tamil Eelam (LTTE) and the Geneva-headquartered body never expected a gruesome outbreak of violence. It would be pertinent to mention that within weeks after the ICRC’s arrival here, the JVP was crushed with brute force as it, too, resorted to senseless violence. The counter violence unleashed by the state apparatus was such that the then Marxist group’s top leadership was killed, except for Somawansa Amarasinghe, who escaped, with Indian help, in February 1990, and remained in exile till late 2001.

The ICRC deployment took place in mid October, 1989, and JVP leader Rohana Wijeweera was captured in the second week of November, at Ulapone, and shot in custody, and was allegedly cremated alive at the Borella cemetery.

In fact, at the time the ICRC arrived here, the JVP was on its last legs. The UNP government never bothered to hand over the bodies of slain JVP cadres to their families. Those who had been listed missing at that time were no longer in the land of the living, by the time the ICRC brought its operation in the South to an end.

What the country never expected was a fresh flare-up in the northern and eastern regions. The LTTE resumed large-scale hostilities, in June, after the Indian Army pulled out from Sri Lanka in late March 1990. Interestingly, some of those demanding justice for the missing/disappeared are conveniently silent about the disappearances during the Indian Army deployment here (July 1987 to March 1990).

Soon after hostilities erupted in the northern and eastern regions, following a 14-month truce between President Ranasinghe Premadasa and LTTE leader Velupillai Prabhakaran (May 1989 to June 1990), the ICRC was invited to open offices in that region. There had been excesses on the part of the military and law enforcement authorities as the government battled the LTTE, the world’s most ruthless terrorist organisation as assessed by none other than the US Federal Bureau of Investigation.

Yet Sri Lanka must earnestly address accountability issues and take meaningful measures to compensate the families of the innocents.

However, the Tamil community must come to terms with the reality that the vast majority of dead were members of the LTTE. The LTTE enjoyed considerable firepower as it literally wielded a conventional fighting capability, which even included a fledgling air force and directly challenged the government, and the armed forces had no option but to fight back. Obviously, the LTTE, that achieved significant battlefield successes over the years, never expected the almost non-stop three-year-long offensive that brought the war to an end in May 2009. Disappearances became exceptionally an important issue in the overall agenda pursued by the Tamil Diaspora and Tamil speaking political parties here only after the LTTE’s eradication.

Multiple reasons

In September 1990, several months after the Indian Army was literally forced to pull out from Sri Lanka as Tigers fought back the mighty IPKF to a standstill, while President Premadasa, too, made it clear that they were no longer welcome here, Amnesty International (AI) documented 43 cases of disappearances. According to the London headquartered AI, the majority of these disappearances happened in the Jaffna peninsula, following the outbreak of fighting in October 1989. The Indian Army launched ‘Operation Pawan’ meant to disarm the LTTE in line with the Indo-Lanka Accord, signed on 29 July, 1987.

During the Indian Army deployment here (1987 July to 1990 March), the Sri Lankan armed forces were confined to their barracks in the North and East. The AI accused the Indian Army of torture, extrajudicial executions and disappearances. The deaths of nearly 1,500 Indian officers and men, and injuries to approximately 3,000 others during the Indian deployment here, underscored the ferocity of the situation.

The Indian Army carried out reprisals, following LTTE attacks in both provinces. The Indian Army was also accused of sexual violence. Perhaps, the August 1989 Valvettithurai orgy of violence, during which Indian soldiers killed civilians, tortured detainees, committed sexual violence, and systematically destroyed homes and businesses, while the town was under curfew, was the worst case.

In October, 2025, the International Truth and Justice Project (ITJP) presented a detailed reparations claim, in association with the Valvettithurai Citizens’ Committee, to the Sri Lankan Office for Reparations, requesting USD $15 million (LKR 4.5 billion) for victims of a 1989 orgy of violence committed by the IPKF where at least 66 civilians were killed and 34 injured.

There hadn’t been a previous instance of a comprehensive compensation claim for such a wartime crime. Thousands of LTTE cadres, some of them trained in India, and civilians, perished in Indian Army action. The Indian Peace Keeping Force (IPKF) earned such a bad reputation it came to be dubbed the Indian People Killing Force.

The war in Sri Lanka, or whatever one chooses to call it, should be examined in the context of a high profile Indian destabilisation project ordered by Premier Indira Gandhi. Over a year after the Indian Army pullout, the LTTE assassinated Rajiv Gandhi, by then out of power, but he was the person Velupillai Prabhakaran held responsible for the Indian Army deployment in Sri Lanka. Following Gandhi’s assassination, India hunted down the LTTE team, involved in the operation, carried out by a female suicide cadre.

The LTTE forgot the Indian role in the transformation of the Tamil separatist terrorist movement to a deadly conventional threat. If not for the despicable Indian action, Sri Lanka wouldn’t have been hauled up before the Geneva-based United Nations Human Rights Council (UNHRC). That is the unpalatable truth.

How many Sri Lankan Tamils disappeared during weapons training in India? Did India investigate such disappearances as well as deaths caused by fighting among rival Tamil terrorist groups operating in India at that time? Among the groups that had been armed by India were PLOTE (People’s Liberation Organisation of Tamil Eelam), EPRLF (Eelam People’s Revolutionary Liberation Front) and TELO (Tamil Eelam Liberation Organisation) responsible for quite a significant number of killings and human rights violations.

India never accepted responsibility for the PLOTE raid on the Maldives on a contract to topple the then Maldivian PM Gayoom’s government given by a domestic rival in early November, 1988. Shouldn’t New Delhi at least apologise for the sea borne raid on the Maldives that resulted in deaths of Maldivians, as well as raiders? The Indian Navy sank a ship commandeered by the attackers fleeing the Maldives after air borne Indian troops brought the situation under control.

The Indian and global media praised swift Indian intervention but ignored two key factors, namely (i) the operation targeting Maldivian President Maumoon Abdul Gayoom was mounted by one of the groups trained, armed and deployed by India and (ii) two trawlers carrying the raiding party left the northern part of Sri Lanka, at that time held by the Indian Army.

The writer had the opportunity, in November, 2011, to interview the Maldivian businessman, Abdullah Luthufee, who convinced the PLOTE leader Uma Maheswaran to carry out the operation. (Male plot leader speaks out 3 November, 2011, Rajiv saved us from Gayoom-Male coup leader 4 November 2011 and How Luthufee moved SAARC venue from Male to Addu 11 Nov 2011) dealt with the operation that should have drawn international attention to the Indian destabilisation project. Let me stress that some PLOTE cadres perished when the Indian Navy sank the vessel commandeered by the fleeing PLOTE cadres. They were among those who had been listed missing during the conflict.

Australian and US interventions

One-time top JVPer Kumar Gunaratnam secret arrival in Sri Lanka as an Australian Citizen Noel Mudalige, in early September, 2011, emphasised the issuance of foreign passports in assumed names to Sri Lankans under controversial circumstances. The writer exclusively reported how the head of the breakaway JVP faction, known as the Frontline Socialist Party (FSP), arrived here. The Australian High Commission in Sri Lanka acted swiftly and decisively when Gunaratnam disappeared after entering the country, using Australian passport bearing number N 1016123 on September 4, 2011 (https://dbsjeyaraj.com/dbsj/?p=43914). The writer dealt with the same issue again in August 2016 (https://dbsjeyaraj.com/dbsj/?p=47936).

Among thousands of Sri Lankans, now having foreign citizenship, there can be many people listed here as “missing/forcibly” disappeared. Western governments never helped Sri Lanka to establish the real identities of Sri Lankans living abroad, under assumed names. If Gunaratnam never acted in a manner inimical to the JVP, he could have easily lived a comfortable life in Australia as Sinhala Buddhist Noel Mudalige.

There had been many interesting stories of those categorised as missing/dead turning up in the West, under new identities. One of the most intriguing ones, is about an ex-LTTE terrorist turned Frenchman Antonythasan Jesuthasan, the lead actor in Dheepen that won the prestigious Palme d’Or at the 2015 Cannes Film Festival.

Internationally acclaimed Jacques Audiard directed the movie about three Sri Lankans who formed a fake family to escape the war and to secure asylum in France. Antonythasan Jesuthasan’s performance in Dheepan earned him a Best Actor nomination at the 2016 César Awards (the French equivalent of the Oscars). Jesuthasan is the only ex-LTTE terrorist to receive international acclaim as an actor.

In an interview with Tom Seymour (Dheepan’s Antonythasan Jesuthasan: from Tamil Tiger to star of a Palme d’Or winner in The Guardian) posted online on March 31, 2016, transformed Frenchman Jesuthasan, unwittingly revealed how he deceived the United Nations High Commissioner for Refugees (UNHCR) to secure political asylum. Seymour reported that Jesuthasan, after having shown him a dense lattice of scars on his forearm, declared: “I did those to myself. I was 22, and I had spent years trying to come to the west. I wanted to get a fake French passport, but I had to be accepted as a refugee. I went to the UNHCR [the UN High Commissioner for Refugees], but they wouldn’t believe my story. So I cut myself, and held up my arm, and said to them: ‘Look at my blood. This is my word.”

Jesuthasan is just one among thousands who obtained political asylum on false claims. Jesuthasan ended up as the star of Dheepan, directed by Jacques Audiard, possibly France’s most celebrated modern director. There cannot be a better example than Jesuthasan to highlight the web of deceit pertaining to the vast majority of those who successfully secured political asylum. But, the Sri Lanka Foreign Ministry never bothered to set the record straight. Born in Allaipiddy, on the Velanaitivu islet, Jesuthasan claimed he fought the Sri Lanka Army in August 1990 and subsequently fled the country and managed to reach France.

But, the case of Kathiravel Thayapararajah is one of the most controversial cases. Thayapararajah had been involved in a Tamil Diaspora funded project in Kilinochchi during Eelam war IV. He couldn’t have secured the Diaspora assignment without the approval of the LTTE and remained in the Vanni during the war. He disappeared in September 2009.

His disappearance prompted a section of the media, as well as some international NGOs, to accuse the Directorate of Military Intelligence (DMI) of executing him. No less a person than the then US Assistant Secretary of State for South Asian Affairs and one-time US Ambassador in Colombo, Robert O. Blake, inquired about the missing person.

The University Teachers for Human Rights (Jaffna), the Australian Government Refugee Review Tribunal, Tamilnet and the European Centre for Constitutional and Human Rights among others blamed the Sri Lankan intelligence for the disappearance. However, the Indian media, in May, 2014, revealed Thayapararajah’s arrest though they didn’t know at the time that he was the person who was supposed to have been killed by the Sri Lankan Intelligence. At the time Indian police apprehended Thayapararajah, at Arichamunai off Dhanuskodi, after arriving there in a boat from Sri Lanka, he had been with notorious female human smuggler Uthayakala. She claimed Thayapararajah was her second husband.

That chance detection exposed a blatant lie propagated over the years. The then Head of Missing Persons Commission, retired High Court Judge Maxwell Paranagama, is also on record as having called for international cooperation to trace persons living overseas under new identities. Paranagama told the writer that at that time both the international community, including the ICRC, had declined to help Sri Lanka identify those taking cover behind new identities.

Chemmani mass graves

Sri Lanka needs to investigate war crimes allegations, particularly the high profile Chemmani mass grave. The country cannot ignore the continuing accusations with the international media taking advantage of the situation to tarnish the country, especially the Rajapaksa rule. It must be a way of the West taking revenge from the Rajapaksas for going against their wish to save the bold thirsty Tigers. It is like their logic that Israel can do no wrong!

The CNN dealt with the Chemmani issue while the International Commission of Jurists (ICJ), in July last year, called for what it claimed as victim-centred investigation into the alleged mass graves in compliance with international law and standards.

Tamil political parties, too, repeatedly demanded tangible action against the perpetrators. The Chemmani mass grave site drew national and international attention in 1998 following the confession of a soldier implicated in the rape and murder of schoolgirl Krishanthy Kumaraswamy. Chemmani has become a powerful and painful symbol of the country’s war-torn past.

Krishanthy Kumaraswamy was raped and killed by soldiers on the 7th of September, 1996. The same group of soldiers later killed her mother, her younger brother and a family friend who went out searching for the teenager.

An excavation, in 1999, led to the recovery of 15 sets of remains, and then the matter was allowed to rest for about a quarter of a century. On the orders of the Jaffna Magistrate’s court, a fresh excavation was ordered last year, following the chance recovery of some skeletal remains and so far nearly 600 sets of human remains have been found, among them children and infants. Tamil media have declared Chemmani as the largest mass grave found in Sri Lanka.

It would be pertinent to mention that some time back the Army was accused of the Mannar mass graves but investigations undertaken by the Office of Missing Persons (OMP), with international expertise, proved the claims false. Bone fragment samples were submitted to Beta Analytic, a specialised US radiocarbon-dating laboratory. This happened during the Yahapalana administration (2015-2019) Later, the lab indicated that the tested bone samples dated back to the period between 1499 and 1719 AD (the 15th to 18th century). That brought an end to the Mannar mass graves hoax.

Whatever the circumstances, the government cannot remain silent regarding the Chemmani mass graves. The area that had been under Security Forces Headquarters, Jaffna continues to receive public attention, both here and abroad. The Army will have to address the issue without further delay. Let me stress the importance of investigating the atrocities perpetrated by others, namely the Indian Army for which the responsibility lies with the government of India as well as the LTTE, and over half a dozen other terrorist groups that subsequently entered the political mainstream.

The formation of Tamil National Army (TNA) by India before the Indian Army pullout by March 1990, too, must receive the attention of Sri Lanka as well the concerned international community. Having totally destabilised the smaller neighbouring county by arming scores of terrorist groups, New Delhi went a step further by the formation of the TNA meant to protect Varatharaja Perumal’s North-East provincial administration.

In spite of President Ranasinghe Premadasa drawing strong criticism for arming the LTTE against the Indian Army, in hindsight, if not for his controversial decision, India’s proxy, TNA may have taken root. Whatever various parties say today, the TNA had been formed to ensure the continuation of the deeply unpopular Perumal’s administration that went to the extent of forcible conscription. India can never absolve itself of responsibility for what it did in Sri Lanka. The destabilisation project, largely influenced by the then Premier Indira Gandhi’s concerns over the developing situation in Tamil Nadu, caused massive death and destruction. No less a person than J.N. Dixit, who served as their High Commissioner in Colombo (1985 to 1989), and later appointed National Security Advisor (2004 to 2005) disclosed in his memoirs ‘Makers of India’s Foreign Policy: Raja Ram Mohun to Yashwant Sinha’, Indira’s Gandhi’s intervention. The late Dixit in no uncertain terms blamed her for Indian intervention in Sri Lanka.

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Midweek Review

A street where Sri Lankan stories found their readers

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Margaret Richardson and Asanka de Mel / Ashok Ferrey

By Ifham Nizam

Pictures by Nishan S Priyantha and Kamal Bogoda

Ashok Ferrey took readers into an older Colombo through Colpetty People. Vivimarie Vanderpoorten opened the door to the personal stories behind her poetry. Andrew Fidel Fernando brought cricket, culture and the distinctive world of Sri Lankan school cricket into the conversation, while Ramya Jirasinghe spoke candidly about the long and often difficult road from writing a manuscript to seeing it published.

Then came Margaret Richardson and Asanka de Mel, whose conversation moved from literature to the question of where Sri Lanka should be by 2048.

These were among the voices that gave life to Fairway Street of Stories, a new initiative that sought to bring Sri Lankan English-language writers closer to their readers.

But behind the gathering of authors, readers, books, children, book clubs and aspiring writers was a bigger idea—the brainchild of Amendra Haputhanthri, Director of Sarasavi Bookshop (Pvt) Ltd.

For Haputhanthri, Fairway Street of Stories is not merely another literary event. It is part of a much larger attempt to create a marketplace for Sri Lankan talent and to persuade readers to discover stories that are unmistakably their own.

“Usually, when we have exhibitions, such as the Colombo Book Fair, we always think about what sells the most. Here, we wanted to create a niche market for people who want to read Sri Lankan writing,” she said.

And the first event demonstrated just how wide that literary world can be.

Stories from a Sri Lanka we know

Haputhanthri believes one of the greatest strengths of Sri Lankan English writing is its sense of place.

A thriller set in an unfamiliar foreign city may be entertaining. But a thriller unfolding at the Galle Face Hotel or Mount Lavinia Hotel carries another kind of intimacy for a Sri Lankan reader.

“You have familiar words and actual real-world places that we have been to. There will be a connection with the book,” she said.

That connection can be even more powerful when the story takes readers into places and experiences that are disappearing.

This is one reason she admires Ferrey’s work.

During his Fairway session, Ferrey, together with Tanya de Mel, offered readers an engaging glimpse into the world behind Colpetty People and the Colombo it captures.

Amendra Haputhanthri (extreme left) with winners

For Haputhanthri, Ferrey’s writing is also a record of a rapidly changing city.

“Even Sri Lanka is changing very rapidly. Within Colombo also, the environment is rapidly changing, and that is being addressed nicely in the books of Ashok Ferrey,” she said.

Literature, in that sense, becomes more than entertainment.

It becomes memory.

The stories behind the poems

Vivimarie Vanderpoorten offered a very different literary experience.

Haputhanthri describes her as one of the country’s outstanding contemporary talents, particularly because of the personal histories embedded in her poetry.

A poem on a page may be only a few lines long. But behind those lines can lie an entire life.

Vanderpoorten spoke about those experiences at Fairway, including deeply disturbing events she had witnessed during her university years.

For Haputhanthri, hearing those stories transformed the poems.

“All her stories, there is a back story. All her poems, there is a back story,” she said.

She believes such conversations are precisely what literary events should create—a space where readers can move beyond the printed page and understand the human experience that produced it.

She also encouraged people to read poetry, even if only one poetry collection a year.

Poetry, she believes, forces readers to think beyond what is immediately presented.

“It gives you the ability to think out of the box,” she said.

Cricket is more than a score

Andrew Fidel Fernando brought yet another dimension to the event.

For someone who writes and comments on international cricket, his work naturally takes readers into the world of the game. But Haputhanthri noted that Fernando’s writing also captures the culture surrounding cricket in different countries.

And Sri Lanka has a particularly richstory to tell.

Andrew Fidel Fernando / Dr. Vivimarie Vanderpoorten

For Haputhanthri, the island’s school-cricket culture is something the world should know more about.

“We are the best in the world when it comes to having a culture for school cricket. It is something very unique to our country,” she said.

She even suggested that writers interested in Sri Lankan cricket should explore this largely distinctive phenomenon in greater depth.

Because literature can sometimes reveal what statistics cannot.

A schoolboy walking onto a cricket ground carries with him a school, a city, friendships, rivalries, family expectations and an entire culture.

From manuscript to book

Ramya Jirasinghe’s contribution was particularly relevant to aspiring writers.

She spoke about her own journey and the realities of getting a book published.

Her experience demonstrated that literary success rarely happens overnight.

Winning recognition is one thing. Turning a manuscript into an internationally published book is another.

For emerging writers listening to her, the message was clear: writing requires patience, revision and persistence.

Haputhanthri knows that process well.

Writers, she said, can be rejected repeatedly—even at international level.

And translations create another layer of difficulty.

Sometimes an author reads a translation of his or her work and says: “This doesn’t have my voice.”

That, Haputhanthri acknowledged, illustrates how complex the journey from an original manuscript to another language can be.

A speech from the future

Carmel Miranda

Asanka de Mel and Margaret Richardson brought another perspective to Fairway.

De Mel’s 2048: A Speech from 2048 looks towards the centenary of Sri Lanka’s independence and asks why the country has not yet become a developed nation.

But his message, as Haputhanthri interpreted it, was not one of resignation.

Sri Lanka should not allow its small geographical size to become a psychological limitation.

De Mel’s own journey—from two decades in Silicon Valley to returning to Sri Lanka and embarking on entrepreneurial ventures—was offered as an example of what persistence and confidence can achieve.

For Haputhanthri, it reinforced one of the central lessons of both writing and life.

“There is no shortcut in life,” she said.

Stories that preserve a country

Fairway Street of Stories also reflected Haputhanthri’s belief that literature can preserve aspects of Sri Lankan identity that are increasingly vulnerable.

She spoke about Angampora, Beeralu weaving, traditional culture and historical stories.

Even the country’s royal heritage can become a gateway for a new generation to understand the island’s past.

She recalled seeing foreign visitors browsing books about Sri Lankan kings.

Those books were doing more than recounting history. They were presenting the story of a country with a long and complicated heritage.

Haputhanthri believes Sri Lankan literature can perform a similar role internationally.

“Our stories should also reach people in the same way our food and cultural experiences have reached the world,” she said.

She recalled meeting two foreigners who had visited Sri Lanka around 156 times.

Their extraordinary attachment to the country reminded her that Sri Lanka’s culture has an ability to attract people repeatedly.

The stories of the country, she believes, deserve the same reach.

The problem is not the e-book

Ramya Jirasinghe (third from left)

Yet while Haputhanthri is passionate about books, she is equally concerned about the future of reading.

She does not believe e-books are necessarily the enemy.

“If people are reading an e-version, as long as they are reading something valuable, that will add something to you,” she said.

The bigger threat, in her view, is the endless scrolling culture of the smartphone.

“Scrolling on the phone reduces your attention span and you can’t do any sort of deep work,” she said.

She has observed this challenge among young people entering the workplace and believes sustained concentration is increasingly difficult.

But her answer is not to blame young people.

It is to begin much earlier—with parents and teachers.

“Whatever the parents read, the children also will read,” she said.

‘Readers Are Not Born, They Are Created’

That belief is now developing into another initiative.

Haputhanthri is working on a programme titled ‘Readers Are Not Born, They Are Created’, which she hopes to take from school to school and community to community.

The target will be parents as much as children.

The message is that reading habits are cultivated. They are demonstrated, encouraged and nurtured.

She also hopes to involve children who have themselves developed through reading, allowing them to share their experiences with others.

For Haputhanthri, the issue is deeply personal.

“I would credit everything that I have today, and everything I am today, because of reading,” she said.

She believes avid readers develop empathy, creativity and critical thinking—qualities that are increasingly valuable in a world dominated by information but often short on attention.

Beyond one literary weekend

Fairway Street of Stories, therefore, is not intended to remain a once-a-year literary celebration.

Haputhanthri wants to see activities connected with reading and books continue throughout the year.

A bargain book sale is among the ideas being considered, making use of books from Sarasavi’s extensive network of branches that may have suffered minor damage or discolouration while remaining on shelves.

The next major event will be the book fair, followed by further initiatives.

But the larger ambition goes beyond sales.

It is about discovery.

A reader discovering a Sri Lankan writer.

A child discovering poetry.

An aspiring author discovering that rejection is not the end.

A foreign visitor discovering that Sri Lanka’s stories are as rich as its food, landscapes and traditions.

And a country discovering itself in its own books.

That is perhaps the most significant contribution of Fairway Street of Stories.

Because the authors who gathered there did more than talk about their books.

They demonstrated the many ways in which Sri Lanka can be written, remembered and imagined.

And behind that gathering was Amendra Haputhanthri’s conviction that these stories deserve not only a place on a bookshelf, but a place in the minds of readers—and eventually, a place in the wider world.

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Midweek Review

Life Prisoner on the Run

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By Lynn Ockersz

Just for a fleeting moment is this sense of relief,

As he eases himself heavily into his airline seat,

Hoping to leave no trace behind of his criminal self,

But he’s dragged down by a guilty conscience,

Which will dog him at heel from now onward,

And this is verily a cast-in-stone life sentence.

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