News
Ex-UN Assistant General Secretary won’t comment on ‘confidentiality clause’ preventing verification of war crimes allegations
By Shamindra Ferdinando
AFormer UN Assistant Secretary General and the author of ‘the report of the Secretary-General’s Internal Review Panel on UN action in Sri Lanka’ Charles Petrie has declined to explain why the UN deliberately thwarted verification of unsubstantiated allegations against Sri Lanka by way of a controversial confidentiality clause.
The Island raised the issue at a webinar titled ‘Sri Lanka: Quest for Justice, Rule of Law and Democratic Rights’ co-hosted by the Global Tamil Forum (GTF), Centre for Human Rights and Global Justice – New York University, Sri Lanka Campaign for Peace and Justice and the Canadian Tamil Congress (CTC). The webinar was part of a campaign against Sri Lanka undertaken by interested parties ahead of the 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC) scheduled to commence on Feb 22. The sessions will continue till March 23.
Asked whether the panelists could explain why a UN confidentiality clause prevented verification of war crimes allegations till 2031 and why a UN report prepared with the support of ICRC and Vanni based NGOs in 2008-2009 hadn’t been considered, former British diplomat Petrie said: “Just…the confidentiality issue… I’m not very…I would not be able to address.
Having declined to respond to the query, Petrie said that he would like to follow up on what former US Ambassador-at-Large for Global Criminal Justice A said in response to The Island query. Rapp who first responded to the query posed to the panelists through moderator Melissa Dring of Sri Lanka Campaign for Peace and Justice conveniently refrained from at least referring to the UN confidentiality clause or UN report that placed the number of persons killed at 7,721 (August 2008-May 13, 2009)
Petrie said that there were a lot of documents pertaining to war crimes accusations, including those of the UN. Petrie, one-time investment banker alleged that the then Sri Lankan government exploited an incident involving a UN convoy to set up No Fire Zone in the Vanni east region.
The group of panelists included Pablo de Greiff, a former UN Special Rapporteur, M.A. Sumanthiran, PC, MP, attorey-at-lawBhavani Fonseka of the Center for Policy Alternatives (PTA), Ameer Faaiz, Director of International Affairs of the Sri Lanka Muslim Congress, Ambika Satkunanathan, a former Commissioner of the Human Rights Commission of Sri Lanka and Shreen Saroor, a civil society activist.
Melissa Dring interpreted The Island query as denial of war crimes accusations, a strategy similar to that of the government of Sri Lanka.
According to the Panel of Experts’( Kangaroo court in any reasonable person’s rule book as Sri Lanka is prevented from, leave alone cross examining the accusers, but even to see their faces) Report released on March 31, 2011 even after the mandatory 20 year prohibition (2011-2031) on the releasing of material received of an assurance of absolute confidentiality, relevant information couldn’t be released without declassification review.
The following is the full text of the question forwarded to Dring: The alleged killing of 40,000 civilians (PoE report/137 paragraph/March 2011) remains the primary accusation against GoSL. The AI placed the number of deaths at 10,000 (a few months after PoE report), In between PoE report and the AI report, the UK Parliament was told 60,000 LTTE cadres and 40,000 civilians perished in the final phase of the assault ( Siobhain McDonagh, MP). In addition to those reports and various other claims, a UN study (Aug 2008-May 2009/POE/paragraph 134) estimated the number killed at 7,721 and wounded at 18,479. Can you please explain why UN failed to verify various reports/claims particularly against the backdrop of Lord Naseby’s disclosure in Oct 2017 (Lord Naseby’s claim was based on British HC diplomatic cables)
The following question addressed to Pablo de Greiff was not answered at all: You addressed issues relating to monitoring of international action and accountability. Can you, please explain the status/outcome of UN fact-finding mission on the Gaza conflict (Goldstone report) against the backdrop of the head of the mission contradicting his own report?
UK based Amal Abeywardena asked the panel about Sri Lanka not having confidence in the UN inquiring into LTTE atrocities and how could the international community probe violations on all sides, including those committed during JVP uprisings as well as the IPKF period and investigating the role of the supporters of the LTTE who supplied material resources to the Tigers when Human Rights violations were committed. Rapp who responded to the query conveniently side-stepped the accountability issues pertaining to the deployment of the Indian Army in Sri Lanka (1987-1990). A full recording of the live webinar can be found in this link: https://www.youtube.com/watch?v=0muPVjyF7E8
Latest News
Sun directly overhead Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura at about 12.10 noon today (31)
The sun is going to be directly over the latitudes of Sri Lanka from 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (31) are Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura about 12.10 noon.
News
BASL takes exception to Justice Ganepola being denied a place in SC
… highlights injustice caused to Justice R. Gurusinghe
The Bar Association of Sri Lanka (BASL) has alleged that due to the failure on the part of President Anura Kumara Dissanayake to fill the existing vacancies in the Supreme Court, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled. The BASL pointed out at the time of Ganepola’s retirement there were four vacancies in the Supreme Court.
In a letter dated 17 August, 2026, addressed to President Dissanayake, the BASL declared that the failure to promote and recognise Ganepola’s distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.
A top BASL spokesman told The Island yesterday (30) that the Bar Council, over the weekend, had decided to release the hitherto confidential letter.
The official said that they also wanted to remind the President of his assurance given to BASL, on 12 August, 2026, that vacancies in the Supreme Court and Court of Appeal would be filled as soon as possible, within a month.
The following is the text of the BASL letter, signed by Rajeev Amarasuriya, President, BASL, and its Secretary Nalin De Silva: “We write further to our letters dated 29th December 2025 and 30th June 2026 in relation to the above, to which we have not received any response.
We also refer to our meeting with Your Excellency on 12th August. As discussed during the meeting, there have been vacancies in the Supreme Court since May 2025, and the number of vacancies has now increased to four (04). There are also four (04) vacancies in the Court of Appeal. These are all matters we have already written to Your Excellency about.
Your Excellency informed the BASL Delegation when we met that you would be taking steps to make recommendations to fill these vacancies as soon as possible, within a month.
We write to reiterate the importance of giving due consideration to the criteria set out in our aforesaid letter dated 29th December 2025. We also wish to emphasise that, in making judicial appointments and promotions, seniority should be given due priority, in keeping with longstanding practice, until such time there are objective and defensible guidelines governing the assessment of merit.
The only justifiable departure to this criterion would be where there exists a specific and recognized demerit in respect of the particular Judge concerned or such other known compelling circumstances that are objectively identifiable such as where a Judge has previously been overlooked for promotion unfairly or conversely, where a Judge has been unfairly previously granted promotions above others.
This approach will safeguard both the integrity of the Judiciary and the trust reposed in it by the public.
Further, while there has been considerable discussion and representation by the Government regarding the importance of retaining experienced judges, as reminded to Your Excellency at our said meeting that, only a few months ago on 8th May 2026, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled, and in which there were four vacancies at the time.
The failure to promote and recognise his distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.
We also drew Your Excellency’s attention at the said meeting to the fact that the Senior-most Justice of the Court of Appeal, Justice R. Gurusinghe, who joined the Judicial Service in 1996, who also Acted in the Office of President of the Court of Appeal (appointed by Your Excellency) on 11th May 2026, is due to retire at the end of this month. In fact, we learnt through the Media that Her Ladyship then Chief Justice Justice Murdu Fernando, PC, had previously in July 2025 recommended to Your Excellency the promotion of Justice R. Gurusinghe to the Supreme Court, but the same is pending from that time.
He too is well deserving of promotion to the Supreme Court and has already been recommended by the former Chief Justice, and his case must also receive due and urgent consideration before his impending retirement.
We hope that Your Excellency will take due note of and give due regard to the concerns of the Bar, as well as to the established principles, practices and conventions governing judicial appointments, when taking steps to fill these vacancies.
On this, Your Excellency is already open to the accusation that these vacancies have been kept open, to fill with favourites of the Government which is yet another serious indictment on the independence of the judiciary which accusation would be confirmed if recommendations are made outside established practice.
Moreover, the BASL expresses grave concern that withholding promotions of Judicial Officers for extended periods of time places undue pressure on Judicial Officers in the discharge of their duties and constitutes both directly and indirectly, interference with the independence of the Judiciary, in addition to the strain obviously caused to the dispensation of justice in other Courts and the stifling and delay of career progression of Judges legitimately entitled to promotions.
We do hope that Your Excellency would take due note and cognizance of the foregoing when effecting these judicial promotions which have been long overdue and which have already adversely impacted the efficiency and effectiveness of the administration of justice.”
The BASL has copied the letter to Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne, Opposition Leader Sajith Premadasa and all members of the Constitutional Council.
News
Sajith challenges govt. to hold PC polls
Opposition Leader Sajith Premadasa on Saturday (29) challenged the government to hold the long-delayed Provincial Council elections, saying the polls would provide an opportunity to gauge the level of public support enjoyed by the administration.
Addressing a farmers’ meeting in Tissamaharama, Hambantota, Premadasa also criticised the latest Rs. 17 per kilogram increase in wheat flour prices, warning that it would push up the prices of bread, bakery products and other flour-based food items and place further pressure on households already struggling with the rising cost of living.
He said Sri Lanka ranked 120th among 130 countries in an international comparison of minimum wages, arguing that wages remained inadequate to meet the escalating cost of living.
Premadasa also questioned official assessments of living standards, asking whether a person could survive for an entire month on Rs. 17,315, a figure he attributed to the Department of Census and Statistics.
He claimed that between 30 and 40 percent of the population was living in poverty and called for a clear programme to help affected families improve their economic conditions.
Turning to the proposed 22nd Amendment to the Constitution, which seeks to increase the retirement age of superior court judges, the Opposition Leader accused the government of attempting to undermine judicial independence and interfere with democratic institutions.
He also criticised the government’s handling of poverty, employment, agriculture, healthcare and investment, saying more effective measures were needed to provide relief to people facing economic hardships.Premadasa called for stronger policies to attract foreign direct investment and urged the government to formulate a national strategy for developing the tourism industry.
-
News7 days agoMissing doctor’s body found in Mahiyanganaya
-
News7 days agoAustralia declines to release Finance Secy Suriyapperuma’s citizenship details
-
News4 days agoEight politicians in drug kingpin probe
-
News7 days ago22A: BASL suggests CJ recuse himself from hearing petitions
-
Features2 days ago“Wrap Me Up in My Blazer”— A Gentlemanly Bradby Reminiscence
-
Business4 days agoSri Lanka opens up: A new season of direct connectivity
-
Features4 days agoRedefining ageing in Sri Lanka
-
Features6 days agoInsights from Chieftains of Uva: Genealogy of two Kandyan Families – Part II
