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India, too, should be investigated -Int’l HR organisations

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Geneva resolution:

By Shamindra Ferdinando

Four international human rights organisations yesterday (20) said that atrocities perpetrated during the deployment of the Indian Army in Sri Lanka, too, should be properly investigated by the mechanisms proposed by the Geneva-based United Nations Human Rights Council (UNHRC).

Sri Lanka brought the war to a successful conclusion in May 2009.

London-based Meenakshi Ganguly said that they sought a strong resolution on Sri Lanka to address all international crimes, including those that occurred during the conflict. “Indian troops had been deployed at the invitation of the then Sri Lankan government to enforce a truce agreement, and the abuses that occurred at that time should be properly investigated and those responsible held to account.

Ganguly said so when The Island sought their stand as regards India’s accountability. The Island asked her whether she believed the latest Geneva Resolution should also address India’s accountability as the Indian Army, too, had been accused of atrocities during its deployment in Northern and Eastern parts of Sri Lanka (July 1987-March 1990) and India having sponsored half a dozen terrorists groups in Sri Lanka?

The 51 regular sessions of the UNHRC are underway.

Ganguly responded on behalf of South Asia Regional Director, Amnesty International, Programme Manager, UN Advocacy, Asian Forum for Human Rights and Development (FORUM-ASIA), Human Rights Watch and UN Representative & Senior Legal Adviser, International Commission of Jurists.

However, Lucy McKernan, Acting Geneva Director, Human Rights Watch didn’t respond to The Island query.

Sri Lanka Core Group led by the UK has submitted a new resolution demanding punitive action against Sri Lanka. Former Minister and leader of Pivithuru Hela Urumaya (PHU) Udaya Gammanpila on Monday warned that Sri Lanka could lose the vote on the new resolution by a big margin in the 47-member council. The PHU leader warned that it could be tied to aid to Sri Lanka.

The four international human rights groups declared that the UNHRC should adopt a strong resolution that strengthened current UN mandates on accountability for crimes under international law and monitor Sri Lanka’s deteriorating human rights situation. They emphasized that the resolution should also request Sri Lanka to address the ongoing abuses, including by ending use of the draconian Prevention of Terrorism Act.

Asked whether the Indian intervention, too, should be investigated by Geneva, the Global Tamil Forum (GTF) spokesperson Suren Surendiran said that “Root causes why the Tamil youth took up arms in 1983 thirty five years after independence, Tamil political leaders tried their best to resolve through political negotiations the inequality, blatant discrimination and treatment of Tamils as second class citizens through constitutional means by successive Sinhala leaderships in the south should/must be publicly established. If part of that investigation should include the Indian involvement, so be it.”

Surendiran said that “Truth seeking mechanism is one of the four transitional justice pillars. Therefore, it is an important initiative. However, just by itself will not resolve or be accepted as part of serving justice to victims. Addressing accountability through a credible international mechanism needs to be part of the program. That’s what resolution 30/1 was going to address. However, successive governments of Sri Lanka keeps deferring or intentionally avoiding addressing this very point. Hence the resolution 46/1 went with the recommendations of the High Commissioner to address accountability via collecting and preserving evidence and serving justice through other international mechanisms including, universal jurisdiction.

“We know how pathetically successive governments have tried to hoodwink the international community by a half-baked Office of Missing Persons (OMP) and other reparation ideas.

“Until Sri Lanka acknowledges that international laws were breached during the war, especially at the end of the war, and charges persons who had command responsibility including the then political and civil service leaders, there will not be any let up by the international community. This is not just to punish for the alleged crimes committed but to ensure that there won’t be any such breaches of international law elsewhere in the world in the future.”



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Ex-SriLankan CEO’s death: Controversy surrounds execution of bail bond

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Kapila Chandrasena

Prof. Prathibha Mahanamahewa has emphasised the need to examine the circumstances under which the court staff executed the bail bond, and the release process, in respect of the late Kapila Chandrasena, former Chief Executive Officer of SriLankan Airlines.

Chandrasena’s body was found in a house at Pedris Road, Colombo 03.

In case of any doubt regarding bail condition/s or any other matter (insufficient surety, identity issues, suspicious documents and unclear order), the Registrar had to get in touch with the relevant Magistrate, Mahanamahewa said.

Mahanamahewa was responding to The Island query regarding the acceptance of two Muslims as sureties. Had they followed the time-tested procedure, court registry/registrar staff would never have accepted sureties as blood relatives of Chandrasena, Mahanamahewa said, alleging a major defect in the execution of the bail bond.

They were arrested by police and remanded by the Colombo Magistrate’s court, till 13 May, pending further investigations.

Colombo Chief Magistrate Asanga S. Bodharagama, on 5 May, granted to Chandrasena cash bail of Rs. 500,000 and three surety bails of Rs. 10 million each. But soon after Chandrasena received bail, the court was told that two of the Rs. 10 million sureties had been produced, after payment of Rs. 15,000 each, were made to those two individuals to act as guarantors.

The bail application had been submitted by Rienzie Arsecularatne, PC, appearing on behalf of Kapila Chandrasena, when the case was earlier taken up, on 28 April.

Police also arrested an elderly person who arranged for the two persons who hadn’t even seen Chandrasena, even once, to offer themselves as sureties.

As soon as the police revealed the fraudulent manner Chandrasena obtained bail, Chief Magistrate Bodharagama issued an order to arrest and produce him before the court. This order was issued consequent to a request made by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), on the grounds that the defendant had violated bail conditions. The CIABOC wanted Chandrasena held pending the conclusion of the case.

Sources familiar with the execution of bail bond said that the moment the suspects had submitted their National Identity Cards and letters from Grama Sevakas, the court registry/registrar staff should have rejected them. In a such high-profile case, the failure on the part of the lawyers, representing Chandrasena, to check the gsureties’ relationship with Chandrasena, was another glaring shortcoming, sources said, pointing out that after having submitted bail application on 28 April, the defence team should have come prepared to put forward genuine guarantors.

The Island contacted the Bar Association of Sri Lanka for comment on the manner in which the court staff had handled bail for Chandrasena, but there was no response.

Sri Lanka’s former Ambassador to Moscow, accredited to Kiev, Udayanga Weeratunga, said that a thorough investigation should be conducted to ascertain facts about the execution of the bail bond. Asked whether he had been in touch with Chandrasena, Weeratunga said that he spent his first day at Welikada with Chandrasena and Ranjan Ramanayake in one cell. “That happened on 14 February, 2020. I was arrested when I returned to the country, from the UAE, and produced before the then Magistrate Ranga Dissanayake, the incumbent Director General of CIABOC,” Weeratunga said.

Weeratunga said that a couple of months after the change of government in 2024, the US State Department imposed a travel ban on him and Chandrasena and their families over what the US termed as significant corruption.

Weeratunga said that altogether the US designated 14 persons and, of them, two were Sri Lankan, who happened to be him and Chandrasena, accused of corruption in respect of acquisition of MiG 27s from Ukraine and the Airbus deal, during President Mahinda Rajapaksa’s tenure as the President.

SLPP sources said that Chandrasena’s demise shouldn’t prevent proper investigation on his affidavit that claimed pressure brought on him to name Mahinda Rajapaksa as a recipient of the Airbus bribe.

By Shamindra Ferdinando

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Law applies to all, regardless of power or influence – Prez

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President Anura

President Anura Kumara Dissanayake emphasised yesterday (12) that the law would be enforced equally and no one was allowed to be above the law.

Addressing the Matale District Coordinating Committee meeting, at the Matale District Secretariat, President Dissanayake said, “Do not be afraid to work, but be afraid to engage in irregularities. Everyone must first be subject to the law and secondly, must fear the law. This applies to everyone, from the President down to the Grama Niladhari.”

“If we are to usher in a new era, we must submit to the rule of law. No one can be above it, he said, adding that previous Presidents had even violated the Constitution with impunity.

The President said that if there were any instances of selective law enforcement, they should be brought to his attention for action. Everyone was required to cooperate, if called upon to make statements in an investigation, he said.

By S.K. Samaranayake

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Sri Lanka and Belarus to sign several MoUs

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Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, is on an official visit to Belarus, from yesterday to Friday (15), on the invitation of the Foreign Minister of the Republic of Belarus, Maxim Ryzhenkov.

The text of the Foreign Ministry release: “This visit will mark a milestone in the bilateral partnership as the two countries commemorated the 25th Anniversary of the establishment of Diplomatic Relations last year.

During his visit to Minsk, Minister Herath will call on Belarus President Alexander Lukashenko and will hold bilateral discussions with the Minister of Foreign Affairs of Belarus. Minister Herath is also scheduled to meet the Belarus Ministers of Education and Health. Several MoUs and agreements across sectors are envisaged to be signed with the Republic of Belarus during the visit.

In Minsk, Minister Herath will address a business and tourism roundtable, organised by the National Export Centre of Belarus. He is also scheduled to meet Sri Lankan students studying in Belarus.”

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