By Shamindra Ferdinando
The Metropolitan Police Service, UK, has said that a person ,recently arrested in the UK over his alleged involvement in the killing of journalist Mylvaganam Nimalarajan, 39, in his Jaffna home on Oct 19, 2000 is a Sri Lankan national.
Jack Griffith, Press Officer – Specialist Operations at the London Metropolitan Police Service said so in response to the writer’s query whether the 48-year-old suspect is a UK national or a citizen of Lankan origin or a political asylum seeker from Sri Lanka.
The response was received on Feb 25th, the same day The Island posed the question to the Metropolitan Police Service. Appreciating the swift response from the British, it would be pertinent to question the status of the suspect as the Press Officer’s response suggested that the unnamed person hadn’t secured British citizenship yet.
The media, including the Tamil Guardian, on Feb 24th, reported the arrest of the suspect at an address in Northamptonshire on Feb 22. The media quoted the police as having declared the arrest ‘as part of a proactive operation’ and the first arrest made by the UK in connection with war crimes allegedly committed in Sri Lanka. Sri Lanka brought the war to a successful conclusion in May 2009.
The Sri Lankan has been arrested on suspicion of offences under Section 51 of the International Criminal Court Act 2001. “This is a significant update in what is a sensitive, complex investigation,” the media quoted Commander Richard Smith as having declared. Smith leads the Met’s Counter Terrorism Command. However, the British police hadn’t explained how the first suspect, taken into custody in connection with such a high profile probe, could be released within 48 hours, pending further investigations.
In fact, by the time the media reported the arrest on Feb 24, the suspect has been quietly released. Unidentified persons killed Nimalarajan who contributed to the BBC Tamil and Sinhala services, the Tamil daily Virakesari and the now defunct Sinhala weekly Ravaya. The EPDP was accused of killing Nimalarajan, an accusation strongly and repeatedly denied by the political party.
Sooka hails UK action
NGO activist Yasmin Sooka hailed the British action though by the time she issued a statement in this regard the suspect has been freed. Sooka of the International Truth and Justice Project (ITJP), which investigates alleged Sri Lankan war crimes and crimes against humanity declared: “The proactive investigation which led to the arrest demonstrates the commitment of the Metropolitan Police to justice and accountability even 22 years later. Those who kill journalists are not safe anywhere in the world. It is abhorrent that an alleged killer of a BBC journalist should hide in the UK.”
The writer raised the issue at hand with Foreign Secretary retired Admiral Jayanath Colombage over the last weekend. One-time Navy Commander Admiral Colombage said that the Foreign Ministry was following the case. The official indicated that every aspect of the case would be examined.
Had he been involved in the actual killing of Nimalarajan or provided support for the dastardly act in some way? Would he be extradited to Sri Lanka? Or had the UK sought Sri Lanka’s support to conduct the investigation? Had he been a member of the EPDP, or some other Tamil group or perhaps a member of a paramilitary group? At the time of Nimalarajan’s killing, the suspect had been 26 years of age.
Against the backdrop of Sooka expressing disgust at a person responsible for a BBC journalist’s death taking refuge in the UK, wouldn’t it be pertinent to question the status of Adele Balasingham, the Australian-born wife of the late LTTE ideologue Anton Balasingham. One-time British High Commission employee and Virakesari staffer Balasingham, who received and enjoyed the status of a British citizen in spite of being the chief advisor to the proscribed terrorist group passed away in Dec 2006 in the UK. Perhaps ITJP should state its position on Adele Balasingham who had been directly involved with the LTTE and even pictured at terrorist parades handing over cyanide capsules to female LTTE cadres. Perhaps, even Subha and Dhanu, who had been assigned for Rajiv Gandhi’s assassination, received their cyanide capsules from Adele Balasingham in the northern jungles of Sri Lanka. Dhanu carried out the suicide mission on the night of May 21, 1991 at Sriperumbudur, Tamil Nadu. Nearly 60 other innocents perished in the attack.
The recent British police action and the claim of the first arrest in the UK in connection with war crimes should be examined taking into consideration the failure on their part to take action against those promoting terrorism and ex-members of various Sri Lankan terrorist groups (some of them are now in Parliament) given citizenship.
Zooka, who had been a member of the Darusman Panel (Report of the Secretary General’s Panel of Experts on Accountability in Sri Lanka) that accused Sri Lanka of war crimes in March 2011, five years later acknowledged the presence of ex-LTTE cadres in several countries, including the UK. Had there been a specific procedure to accommodate ex-Sri Lankan terrorists beginning with those trained by India?
Had the British treated those who fought for the LTTE differently from the ones that served other groups? The tainted ITJP survey released in June 2016 inadvertently revealed the existence of clandestine networks, facilitating Sri Lankans of Tamil origin, including former members of the LTTE, to reach Europe through illegal means. Did the person, arrested by the Metropolitan Police Service, too, reach the UK through illegal means? The Sri Lanka Foreign Ministry should ask the British to reveal the status of the suspect and most importantly how and when he reached the UK.
The release of the expensive survey, titled ‘Forgotten Sri Lanka’s exiled victims’ by the ITJP, affiliated to the Foundation of Human Rights in South Africa, coincided with the commencement of 32 sessions of the Geneva-based United Nations Human Rights Council (UNHRC). The much-touted study disclosed that LTTE personnel, including those who had been with Shanmugalingam Sivashankar alias Pottu Amman’s dreaded intelligence service, had secured citizenship in European countries, including the UK. That report was meant to intensify pressure on Sri Lanka on the Geneva UNHRC front, but ended up inadvertently exposing an ugly truth. But, Sri Lanka lacked a cohesive strategy to exploit such lapses.
The report dealt with information obtained from 75 Tamils, living in the UK, France, Switzerland and Norway. Almost all of them had fled Sri Lanka after the conclusion of the war, in May, 2009. The vast majority of interviews had been conducted in the UK. The ITJP claimed that those ex-LTTE cadres, based in Germany, had declined to contribute to the survey.
The architects of the project and their sponsors owed an explanation why those who had taken refuge in India during the conflict and post-conflict period were not included in the project. Actually how many ‘disappeared’ in India having gone there by boat across the Palk Strait and conveniently listed as missing and put on Sri Lanka account over the years?
On the basis of the interviews conducted, with the help of Sri Lankan Tamil interpreters, who had either worked for the UN or other International NGOs, in the Vanni, during Eelam War IV, the report estimated that the vast majority had served various LTTE units. The report named those combat and support units as Radha, Sothiya, Imran Pandiyan and Malathy regiments as well as the Intelligence Wing. The non combat units included the LTTE Media Unit, the TV station, the Political Wing, the Peace Secretariat, the International Secretariat, the Medical Wing, the Transport Unit, the IT division and the Education Section.
New identities for ex-terrorists
The Office of Missing Persons (OMP) should seek the cooperation of foreign governments to establish the whereabouts of those who had been categorised as missing. The Foreign Ministry should check with British authorities to find out whether the 48-year-old person suspected to be involved in the Jaffna journalist’s killing, too, has been categorized as a missing person. Had he been given an opportunity to change his identity? The possibility of Sri Lanka facilitating the suspect’s arrival in the UK, too, cannot be ruled out. It would be pertinent to mention that the UK humiliated Sri Lanka by exposing the issuance of a diplomatic passport to one-time LTTE commander Vinayagamoorthy Muralitharan aka Karuna Amman after he rebelled against the LTTE. At that the time British officials arrested him, Karuna carried an official passport issued to Kokila Dushmantha Gunawardena whose occupation on the passport was given as Director General of Wildlife Conservation. Better known as ‘Colonel’, Karuna was deported in July 2008 to Sri Lanka, having been arrested and detained since Sept 2007. What made Sri Lanka issue a diplomatic passport to Karuna though he played a significant role in the overall strategy against the LTTE?
In spite of the OMP being created in terms of the 2015 Geneva accountability resolution, Western powers haven’t helped Sri Lanka to track down those living overseas under new identities while they remained categorised as ‘missing’ persons generally blamed on Colombo. The contentious issue of missing persons or those disappeared continue to undermine post-war national reconciliation efforts. Unfortunately, successive governments haven’t addressed the issue in earnest without the cooperation of relevant Western countries, who are obviously part of the conspiracy against Sri Lanka. This failure to properly investigate war time disappearances has allowed interested parties to harass the country at international forums and Geneva sessions in particular.
Lord Naseby once questioned the UK’s failure to prosecute Adele Balasingham in spite of the accountability on her part for child and suicide cadre recruitment. The Conservative Party veteran blamed his government for allowing freedom for Adele Balasingham whom he described as an LTTE leader living in the UK.
The recent arrest in the UK of a key suspect in the Nimalarajan killing should prompt Sri Lanka to freshly examine the contentious issues of missing persons and impunity provided to terrorists living overseas. There is no point in denying some excesses on the part of the Sri Lankan military and the police during the nearly 30 year cruel internecine war, as all wars are. There had been reprisals, deaths in custody and extra judicial killings during the conflicts in 1971 (JVP led insurgency), 1987-1999 (the second JVP led insurrection) and 1983-2009 (war in the North and East). However, Sri Lanka hadn’t resorted to genocide or war crimes as alleged by interested parties. It wouldn’t be fair to examine the accountability issue without taking into consideration the Indian military intervention (July 1987 to March 1990) and the period before when India trained armed and deployed thousands of Tamil terrorists in a large scale destabilisation project here to counter JRJ’s obvious pro-Western stance and it was meant to pave the way for the ultimate deployment of the Indian Army here. New Delhi achieved its objective in July 1987. But, by the time, India terminated its military mission here thousands of LTTE terrorists and Tamil civilians perished. Those who demand justice for Tamils are conveniently silent on victims of the Indian military action. Today, no one remembered how a group of PLOTE (People’s Liberation Organisation of Tamil Eelam ) cadres died while fleeing the Maldives in early Nov 1989 following an abortive bid to assassinate the then Maldivian President Gayoom. The Indian Navy sank the vessel commandeered by PLOTE cadres in the high seas.
TNA seeks media attention
The Tamil National Alliance (TNA) at the forefront of the ongoing campaign against the government last week demonstrated opposite the Presidential Secretariat demanding solutions to their grievances. Having recognised the murderous LTTE in 2001 as the sole representative of the Tamil speaking people, the TNA solidly backed its terrorist cause until the very end, thought it today demands justice for the Tamils. The TNA leadership never bothered to issue a public statement in 2009 against the LTTE employing human shields of its own people on the Vanni east battlefield. The Western powers never found fault with the TNA for its despicable role during the war. Throughout the war, the TNA served the LTTE, diligently. In fact, the LTTE-TNA alliance set the stage for the final war by engineering the defeat of Ranil Wickremesinghe at the 2005 presidential election. The rest is history. Years later, Wickremesinghe in his capacity as the yahapalana Prime Minister declared that those who had been categorised as missing were either killed in the battlefield or were living abroad. Unfortunately, even this government never exploited Wickremesinghe’s statement to our advantage.
Antonythasan Jesuthasan is perhaps the only ex-LTTE cadre to receive international acclaim as an actor after fleeing Sri Lanka during an early phase of the war. 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, Jesuthasan, perhaps, unwittingly revealed how he deceived the United Nations High Commissioner for Refugees (UNHCR) to secure political asylum. Seymour said 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, 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.
How Lanka ended up receiving humanitarian assistance from an Indian state
By Shamindra Ferdinando
The May 09 ‘operation’, whose father is yet unknown, meant to save Mahinda Rajapaksa’s premiership, has tarnished the Sri Lanka Podujana Peramuna (SLPP), the police as well as the armed forces.
The controversial Temple Trees project not only caused irreparable damage to the ruling coalition, it paved the way for UNP leader Ranil Wickremesinghe to regain the premiership for the sixth time, incredibly with just one seat in the 225-member Parliament.
With Wickremesinghe at the helm of the government parliamentary group, the UNP has begun playing an active role in the administration, though the party didn’t have any members in Parliament, other than its leader. However, Wickremesinghe has brought a selected group of UNPers into the administration while causing a division in the main Opposition Samagi Jana Balavegaya (SJB) by winning over two of its vociferous members, namely Harin Fernando and Manusha Nanayakkara.
Having repeatedly accused President Gotabaya Rajapaksa of direct complicity in the 2019 Easter Sunday massacre, both received ministerial portfolios from the President. Wickremsinghe is in the process of consolidating his position.
There cannot be a better example to highlight Wickremesinghe’s strategy meant to resurrect his party than involving two former ministers Vajira Abeywardena, incumbent Chairman of the party, and Sagala Ratnayake, in the delegation that received urgently needed food assistance from India.
Sri Lanka delegation received the assistance, standing next to Tan Binh 99, the Panama registered general cargo ship, at the Colombo harbour.
The following is the text of the statement issued by Eldos Mathew Punnoose, Head – Press, Information and Development Cooperation, as regards the handing over of humanitarian assistance at the Colombo harbour: “High Commissioner Gopal Baglay handed over a large consignment of humanitarian assistance worth more than SLR 2 billion from the people of India to Foreign Minister Prof. G.L Peiris, in Colombo, on 22 May 2022. The handing over function was attended by Minister for Ports and Shipping, Nimal Siripala de Silva, Former Minister Vajira Abeywardena, Sagala Ratnayaka, Chief of Staff of the Prime Minister, Senthil Thondaman, Leader of the Ceylon Workers Congress, Food Commissioner Mrs. J. Krishnamurthy, among senior officials, and others.
The consignment consists of 9,000 MT of rice, 50 MT of milk powder and more than 25 MT of drugs and other medical supplies. It was flagged off from Chennai port by Chief Minister of Tamil Nadu Thiru M.K Stalin on 18 May 2022. This is also the first consignment under a larger USD 16 million commitment of 40,000 MT of rice, 500 MT of milk powder and medicines by the state Government of Tamil Nadu.
Handed over materials shall be distributed among vulnerable and needy sections in various parts of Sri Lanka including Northern, Eastern, Central and Western Provinces by Government of Sri Lanka in the coming days.
More humanitarian consignments and other forms of assistance from India shall follow. Multi-pronged endeavour by both the Government and the people of India underlines the importance attached to Sri Lanka and reflects their concerns for the well-being of its people. Support extended to Sri Lanka ranges from economic assistance worth around USD 3.5 billion, supply of vaccines, testing kits, close to 1000 MT of liquid oxygen to combat COVID-19, immediate response by the Indian Navy and Coast Guard to mitigate marine disasters, etc.”
Sri Lanka’s utterly irresponsible political leadership has achieved the unthinkable. The country has been reduced to such a pathetic state, it has ended up receiving food assistance from the state government of Tamil Nadu. Sri Lanka should be ashamed of having to receive food assistance from an Indian state, 13 years after having proudly defeated the Liberation Tigers of Tamil Eelam (LTTE) considered impossible by many a pundit and against the wishes of the haughty West. Can that be the root of the unprecedented problems? Perhaps one day the truth will unravel through the work of an outfit, like WikiLeaks, on how Hawala or Undial underground cash transfer systems so successfully dried up foreign exchange flows into the country, leaving it unable to find even a few million dollars to clear an urgently needed shipment of cooking gas or lifesaving drugs. However much the deep state is entrenched in Western democracies with the open help of their ‘independent’ media controlled by the military-industrial complex, there are still plenty of people with clear consciences who want to do justice to the world.
R.K. Radhakrishnan, writing to India’s national magazine Frontline described the Tamil Nadu gesture as ‘a province in a developing country extending its assistance to another country.’ That line is sufficient to comprehend Sri Lanka’s plight. In spite of initial disagreement between Tamil Nadu and the Central Government of India regarding the humanitarian assistance offered by TN Chief Minister M.K. Stalin, they reached consensus on the matter. Four days before the despicable Temple Trees project, borne out of frustration caused by the government’s inability to end the sieges at Temple Trees and the Presidential Secretariat by so- called peaceful protesters, triggered mayhem in Sri Lanka. They were anything but peaceful by the way they tried to storm President Gotabaya Rajapaksa’s private residence at Pengiriwatte, Mirihana, in late March.
Then Premier Mahinda Rajapaksa, struggling to save his premiership, wrote to CM Stalin: “I wish to thank you and the Tamil Nadu government on behalf of the people of Sri Lanka, for viewing the country’s crisis from a humanitarian standpoint, rather than a problem concerning another country.”
Six days later Mahinda Rajapaksa was compelled to quit the premiership. The war-winning President and his family were compelled to take refuge at the strategic Eastern Naval Command after having abandoned Temple Trees, Kollupitiya, the nerve centre of the disastrous May 09 project, fearing a fate similar to that which met Libya’s Gadhafi, where, too, the truth was turned on its head.
An elder brother’s lament
Chamal Rajapaksa, 80, possibly serving his last term as a lawmaker, recently faulted younger brother and twice President Mahinda Rajapaksa for continuing in politics even after completing two presidential terms. The elder Rajapaksa attributed the current crisis to Mahinda Rajapaksa’s continuation in active politics. Chamal Rajapaksa said that politicians should be prepared to give up power. Otherwise, they have to be prepared to face situations like this if they were greedy for power. The one time Speaker was commenting on his brother’s dilemma in the wake of him losing the premiership. Chamal Rajapaksa said: “Ranil Wickremesinghe is very lucky. In 2015, Wickremesinghe was able to secure premiership in spite of not enjoying a parliamentary majority. Now, the UNP leader secured the premiership without another MP in Parliament. Wickremesinghe is lucky and the country too is fortunate that we have him to take up the mantle of leadership despite all his shortcomings of the past, when all other politicians are playing their petty tricks to grab power while the country was literally going up in flames.
But, can Chamal Rajapaksa absolve himself of his share of responsibility for the crisis that forced President Gotabaya Rajapaksa to leave his brothers, Chamal and Basil as well as nephews, Namal and Shashendra, out of the Cabinet of Ministers. President Rajapaksa, himself is under pressure to do away with the 20th Amendment to the Constitution that gave him dictatorial powers. The abolition of the 20th Amendment enacted in Oct 2020 is part of the overall agreement sought by some of those who accepted ministerial portfolios in the current dispensation. Both PM Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, will push hard for the abolition of the 20th Amendment.
Before commenting further on ongoing moves to introduce the 21st Amendment at the expense of the 20A, it would be pertinent to examine Chamal Rajapaksa’s role as the Speaker (April 22, 2010-June 26, 2015) especially against the backdrop of his criticism of Mahinda Rajapaksa’s conduct. Chamal Rajapaksa, who has represented the Hambantota electoral district since 1989, continuously has declared that his brother Mahinda should have called it a day after completing two presidential terms (2005-2010 and 2010-2015).
Having said so, lawmaker Chamal Rajapaksa owed an explanation as regards his role in the enactment of the 18 A to the Constitution at the expense of the 19 A. During Chamal Rajapaksa’s tenure as the Speaker, the Parliament passed the controversial 18th Amendment Bill on Sept. 8, 2010, with 161 MPs voting for and 17 against the Bill. The following are some of its key points:
(a) The President can seek re-election any number of times (earlier it was limited to two;
(b) The ten-member Constitutional Council replaced with a five-member Parliamentary Council;
(c) Independent commissions are brought under the authority of the President; and,
(d) The 18th Amendment enabled the President to attend Parliament once in three months and entitles him to all the privileges, immunities and powers of an MP other than the entitlement to vote. In short, it is all about arming the President with absolute power.
The 18th Amendment was meant to empower Mahinda Rajapaksa. Chamal Rajapaksa, in his capacity as the Speaker, oversaw the operation. The impeachment of Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, and her removal by President Mahinda Rajapaksa in January 2013 should be examined against the backdrop of enactment of the 18th Amendment. Chamal Rajapaksa served as the Speaker at the time Justice Bandaranaike was removed. She was accused of several charges, including financial impropriety and interfering in legal cases, all of which she categorically denied. But her husband was found guilty by courts over his shady dealings.
Speaker Chamal Rajapaksa ensured the implementation of the then UPFA government’s strategy. Having served as a minister till April this year and played a critical role in the manipulation of Parliament, it wouldn’t be fair to find fault with Mahinda Rajapaksa solely for being power hungry.
Chamal Rajapaksa also made reference to Wickremesinghe receiving the premiership in 2015 following the presidential election, in spite of not having at least a simple majority in Parliament. Chamal Rajapaksa appeared to have conveniently forgotten that he continued as the Speaker even after Wickremesinghe was appointed PM after having unceremoniously discarded the late D.M. Jayaratne. The UPFA leadership didn’t even bother to ask Jayaratne before reaching consensus with President Maithripala Sirisena and UNP leader Wickremesinghe over the premiership following Mahinda Rajapaksa’s shock defeat at the January 2015 Presidential election held ahead of schedule on the advice of an astrologer. Central Bank Governor Arjuna Mahendran perpetrated Treasury bond scams in Feb 2015 and March 2016 in connivance with then Premier Wickremesinghe-led government.
The UNP-led government also betrayed the war-winning Sri Lanka military at the Geneva based United Nations Human Rights Council (UNHRC).
Chamal Rajapaksa absolutely had no issue in continuing as the Speaker until June 26, 2015 when President Maithripala Sirisena dissolved Parliament to save the UNP. The dissolution of the House was meant to prevent the Committee on Public Enterprises (COPE) from submitting its report on the first Treasury bond scam to the House. Now again Chamal Rajapaksa has accepted Ranil Wickremesinghe as the Premier. Maithripala Sirisena, who sacked Wickremesinghe in late Oct 2018 and then offered him the premiership back within two months following judicial intervention and the primary beneficiary of Oct 2018 constitutional coup Mahinda Rajapaksa, are also in the same parliamentary group now headed by Wickremesinghe.
Proposed transfer of executive powers
The Bar Association of Sri Lanka (BASL) is pushing for the abolition of the Executive Presidency. The BASL wants Premier Wickremesinghe to demonstrate as early as possible his ability to establish a consensus among the political parties in Parliament and endeavour to build a representative Government of National Unity to implement a Common Minimum Programme (CMP) in the public interest.
The BASL insists on a clear timeline to introduce critical constitutional amendments proposed by the outfit, including the introduction of the 21st Amendment to the Constitution and the abolition of the Executive Presidency.
The National Joint Committee (NJC) is concerned about the BASL’s strategy. The nationalist outfit believes the SJB and the BASL are working on a similar agenda to do away with the Executive Presidency without changing the current electoral system or repealing the 13th Amendment.
If the ongoing joint high profile project to introduce 21 A to the Constitution succeeds, the UNP leader will receive powers at the expense of the Executive Presidency. Having received an overwhelming mandate at the last presidential election in Nov 2019, Gotabaya Rajapaksa stands to lose executive powers to Wickremesinghe who accepted the challenging task of rebuilding the devastated national economy.
Those who launched the ‘Gogotahome’ campaign remained skeptical about the SLPP’s commitment to introduce the 21 A. They believe the architects of the 20 A would do whatever possible to sabotage efforts to do away with the executive presidency. They believe the SLPP founder Basil Rajapkasa, who still wields power over the party apparatus reeling under accusations pertaining to unprovoked attacks on the public demanding the resignation of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa.
Flowers in Bloom
By Lynn Ockersz
Though made somewhat anxious,
By the numberless crises in the Isle,
That have brought their elders down,
The youngsters clad in speckless white,
And heading for a make-or-break exam,
Are the only resplendent flowers,
In an otherwise benighted land,
But their Social Science Paper,
Is bound to give them some laughs,
For, though patriots, they are told,
Fought the good fight decades ago,
And rid the land of enslaving shackles,
All whom they have as current leaders,
Are fickle creatures of malleable material,
For whom pelf and power are all that matter.
Ranil takes premiership amidst BASL bid for all party-consensus
By Shamindra Ferdinando
Retired Supreme Court Justice Rohini Marasinghe, in her current capacity as the Chairperson of the Human Rights Commission of Sri Lanka (HRCSL), directed the police to provide adequate protection for the President and the Prime Minister while protecting the freedom of speech and assembly through necessary and proportionate measures.
Justice Marasinghe, who received the appointment in Dec, last year, would never have believed she would be compelled to issue such a statement.
The HRCSL statement, issued on April 26, 2022, over a month after the eruption of violent protests at the private residence of President Gotabaya Rajapaksa, at Pengiriwatta, Mirihana, that lasted for several hours, didn’t name the President and the Prime Minister.
Mahinda Rajapaksa quit Temple Trees on May 10, less than 24 hours after he announced his resignation, in the wake of unprovoked violence directed at those demanding the resignation of both the President and the Prime Minister and the so-called peaceful protesters who lay siege to his official residence Temple Trees virtually making, him a prisoner therein.
The first protest, targeting President Rajapaksa, was held at Pangiriwatte, Mirihana, on March 31, 2022. What began as a peaceful protest in the vicinity, quickly turned violent after the crowds made attempts to advance towards the President’s private home. The deployment of the Army, in support of the beleaguered police, failed to bring the situation under control.
Protesters set ablaze several vehicles, including two buses that brought Police and Army reinforcements to the scene of the unprecedented confrontation. Therefore, it would be pertinent to discuss the circumstances, Justice Marasinghe called for sufficient protection for President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, over two weeks after the launch of the protest campaign, in front of the Presidential Secretariat, on April 09, 2022.
Perhaps, the HRCSL should have also advised the Army, as well as the Special Task Force (STF), regarding adequate protection for the President and the Prime Minister. The Army and the STF play an integral role in the protection of key leaders. The HRCSL cannot be unaware of the involvement of the Army and the STF in the protection of the President and the Prime Minister.
Justice Marasinghe called for ‘necessary and proportionate measures’ to meet the threat on the two leaders as those who had been demanding their resignation stepped up the campaign.
The HRCSL consists of five Commissioners, namely Justice Rohini Marasinghe (Chairperson), Venerable Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan. The President constituted the HRCSL in terms of the 20th Amendment to the Constitution in Dec. 2020. Justice Marasinghe and Ven. Kalupahana Piyarathana Thera were brought in Dec. 2021 in the wake of the resignation of HRCSL Chairman Jagath Balasuriya and NGO, guru Harsha Kumara Navaratne taking up the post of Sri Lanka High Commissioner to Canada.
Did HRCSL make an assessment before Justice Marasinghe issued instructions to the police? The HRCSL intervened in the wake of the erection of a new protest site, opposite Temple Trees, as the government struggled to cope up with an unprecedented political-economic-social crisis that brought the ruling Sri Lanka Podujana Peramuna (SLPP) to its knees.
The writer, over the last weekend, sought a clarification from Justice Marasinghe. The HRCSL Chief said that instructions were issued as access to the residences of the President and the Prime Minister had been blocked. The HRCSL was also informed of possible threats to their lives, Justice Marasinghe said, adding that the issue at hand should be examined on the basis of equal protection of the law.
In spite of HRCSL’s instructions, the police, and at least an influential section of the SLPP government, appeared to have been caught napping. Was it due to the fear of the wrath of the HRCSL or they being under the so-called international community spotlight? In fact, the law enforcement authorities had contributed to the rapid deterioration of the situation to such an extent that mobs took control of roads. Had the police top brass realized the gravity of the situation, in the first week of May, they would have definitely advised the then Prime Minister Mahinda Rajapaksa not to summon several hundreds of his supporters to Temple Trees. The failure on the part of the police to advise the ousted Premier was nothing but a monumental blunder.
In fact, the police appeared to have been part of a political project meant to dismantle those who had been protesting against the government, while laying siege to both Temple Trees and the Presidential Secretariat. The operation was meant to regain control. Therefore, a primary objective was to silence those who had been asking Prime Minister Mahinda Rajapaksa to step down.
President Gotabaya Rajapaksa, too, has been of that view, in the wake of about one-third of the SLPP parliamentary group demanding Premier Rajapaksa’s resignation to pave the way for an all-party interim administration.
PM, family take refuge in SLN base
Just two weeks after HRCSL asked the police to ensure protection of the President and the Prime Minister through ‘necessary and proportionate measures’ the latter had to move out of Temple Trees, under heavy security escort. President Gotabaya Rajapaksa had to authorize the deployment of SLAF assets to evacuate the ex-Prime Minister and some members of the family. They took refuge at the strategic Eastern Naval Command premises, Trincomalee.
By then, Yoshitha Rajapaksa, the ousted PM’s second son and Chief of Staff and his wife, Nitheesha Jayasekera, had left the country. Interestingly, Yoshitha left for Singapore at 12.50 am on May 09 on Singapore Airlines flight SQ 469 several hours before SLPP activists started arriving at Temple Trees.
Yoshitha Rajapaksa couldn’t have been unaware of the meticulous plans underway to bring in hundreds of supporters from all parts of the country to Temple Trees where the Prime Minister was to address them. Those who believed Premier Mahinda Rajapaksa was to announce his resignation were proved wrong. Instead, lawmaker Johnston Fernando and the then Premier Rajapaksa created an environment conducive for an ‘operation’ to evict those who had been protesting against the Prime Minister and the President. The operation boomeranged. The end result was the Prime Minister having to take refuge in the Trincomalee Navy base.
Two days later, the Fort Magistrate’s Court issued a travel ban on Mahinda Rajapaksa, MP Namal Rajapaksa and 16 others. They are Pavithra Wanniarachchi, Johnston Fernando, Sanjeewa Edirimanne, Rohitha Abeygunawardena, C.B. Ratnayake, Sanath Nishantha, Kanchana Jayaratne (Pavitra Wanniarachchi’s husband), Sampath Athukorala, Mahinda Kahandagama, Renuka Perera, Nishantha Abeysinghe, Amitha Abeywickrama, Pushpalal Kumarasinghe, Dilip Fernando and Senior DIG Deshabandu Tennakoon. The Senior DIG had been present at the time, SLPP goons broke through the police line, near the Galle Face hotel, to demolish the Galle Face protest camp.
The Magistrate also imposed a travel ban on seven others who had been wounded during the violence on the fateful Monday or were eye-witnesses to the attacks.
President of the Colombo High Court Lawyers’ Association Lakshman Perera told the writer that the Attorney General‘s Department moved the Fort Magistrate’s court amidst preparations made by his outfit to move the court. Speaking on behalf of the Association, Perera underscored the pivotal importance of ensuring the safety and security of all, regardless of whatever the accusations directed at them.
For how long would the ex-Premier have to live under the protection of the Navy? In response to media queries, Defence Secretary retired General Kamal Gunaratne told a hastily arranged press conference, at the Battaramulla Defence Complex, that as a former head of State Mahinda Rajapaksa was entitled to required security. When would the ex-PM be able to move freely as protests demanding President Gotabaya Rajapaksa’s resignation continue amidst traffic disruptions on main roads, especially over shortage of cooking gas? The situation remains extremely dicey.
Politically-motivated mobs destroyed many properties belonging to the Rajapaksa family. Mobs set ablaze the Rajapaksas’ ancestral home at Medamulana, Hambantota, and did not even spare the memorial built for their parents also at Medamulana, while the former Premier’s home in Kurunegala, too, was destroyed.
Properties belonging to elder brother, Chamal Rajapaksa and his son, Shashendra were also destroyed.
Gangs set fire to Green Ecolodge, situated very close to the Sinharaja rain forest. The hotel, situated close to the UNESCO heritage site, is widely believed to be owned by Yoshitha Rajapaksa, who recently warned JVP leader Anura Kumara Dissanayake of legal action against the accusations made in respect of Green Ecolodge. But the JVP instead of backing their accusations regarding that prized eco-property (torched by the politically-motivated mobs early last week) with facts, issued a veiled threat to expose Yoshitha on some other issues if he dared to go to courts. Comrade Nalinda Jayatissa told the media that they would raise his fake qualifications, how he managed to enter the famed British naval college Dartmouth, etc., if he ventured to challenge them in court.
Well organized mobs also looted and set fire to properties of over 50 MPs, mainly of the government, across the country. They and their families were left with only the clothes on their backs.
Politicos under threat
The government should do everything possible to prosecute those responsible for incidents of violence, regardless of their status. Destruction of lawmakers’ properties should be denounced and punitive action taken against all those responsible. Who would take the responsibility for killing SLPP Polonnaruwa District MP Amarakeerthi Atukorale and his police bodyguard at Nittambuwa? The slain MP was on his way home, after attending the Temple Trees meet earlier in the day. Did Atukorale open fire on those who blocked his path? Did his police bodyguard, too, open fire? The post-mortem revealed the MP had been lynched and contrary to initial reports there were no gunshot injuries. The post mortem also set the record straight that the MP didn’t commit suicide with his own weapon as initially claimed by interested parties over the social and mainstream media. Having allowed SLPP goons to go on the rampage, the police pathetically failed to intervene when the public retaliated. Politically-motivated groups obviously took advantage of the situation. At an early stage of the ongoing protest campaign, German Ambassador in Colombo Holger Seubert tweeted: “I’m impressed with how peaceful the proud people of Sri Lanka are exercising their right to freedom of expression. It reminds me of German unification back in 1989 when we experienced how powerful peaceful protests can be. Wishing all parties involved the strength to remain peaceful.”
During the second JVP inspired-insurgency, the then JRJ government issued firearms to members of Parliament. Some lawmakers formed their own death squads. The government accepted extra-judicial killings as part of the overall defence against the JVP/DJV violence perpetrated against the UNP and those connected with that party.
Members of the SLPP raised security issues at a meeting they had with President Gotabaya Rajapaksa at the President’s House last Saturday (14). The government shouldn’t expect normalisation of the situation until tangible measures are taken to stabilize the national economy. Lawmakers wouldn’t be safe as long queues for diesel, petrol and cooking gas exist with the vast majority of the electorate struggling to make ends meet. The government should be mindful of interventions made by foreign powers and other external and internal players hell-bent on exploiting the situation to their advantage.
Recent demonstrations near the Parliament compelled the police to close several roads for traffic on May 05 and 06. The police closed the section from Diyatha Uyana junction (Polduwa junction) to Jayanthipura junction and from Jayanthipura junction to the Denzil Kobbekaduwa road to deter mass invasions by well organised demonstrators. The police asserted that closure of the roads were necessary, in spite of the inconvenience caused to the public, to prevent hindrance to lawmakers entering and leaving the parliamentary complex.
The police closed down the same sections of the roads yesterday (17) to facilitate parliamentary proceedings. Trade unions combine and the Inter-University Students’ Federation (IUSF) have vowed to lay siege to the Parliament. The warning that had been made several days before the May 09 mayhem should be reviewed. The trade union grouping and the IUSF affiliated to the Frontline Socialist Party (FSP), the breakaway JVP faction, should be mindful of the crises the country is experiencing.
War-winning President Mahinda Rajapaksa having to take refuge in the Trincomalee SLN base is a tragedy. Mahinda Rajapaksa gave resolute political leadership to Sri Lanka’s war effort at a time the vast majority of lawmakers felt the LTTE couldn’t be defeated. Therefore, many accepted peace at any cost. They were prepared even to give up Sri Lanka’s unitary status in a bid to reach a consensus with separatist Tamil terrorists mollycoddled by Western powers. Mahinda Rajapaksa had the strength and political acumen to take on the LTTE. The country should never forget how President Rajapaksa, in spite of strong objections from the military, flew into Kebitigollewa on June 15, 2006, in the immediate aftermath of a claymore mine attack on a passenger bus. The blast killed over 60 men, women and children. Having visited the survivors, President Mahinda Rajapaksa gave an assurance that the terrorism would be eradicated. The promise was made two months before the LTTE resumed large-scale offensive action in the Northern and Eastern Provinces. Sri Lanka brought the war to a successful end in May 2009. But, the President, who restored peace, has ended up virtually running for his life and had to seek refuge in a military installation for the time being as post-war policies and strategies take their toll with interested parties taking advantage of the tragedy facing the country.
Weerawansa’s wife sentenced to RI
Unions predict end of energy sovereignty
US Ambassador calls on Speaker
‘Dates have the highest sugar content to fight Coronavirus’
U.S. Congress to probe assets fleecing by US citizens of Sri Lankan origin
Sunday Island 27 December – Headlines
News2 days ago
Economic crisis: MR, ministers, CBSL Governor, Dr.PBJ ignored IMF warnings
News3 days ago
Lanka’s Amb. in Tokyo quits amidst bid to secure USD loan
Sports3 days ago
Kamil Mishara expelled from Dhaka after having ‘visitor’ in hotel room
News5 days ago
MR had not decided to resign on 09 May, says Weerasekra
News6 days ago
Two views on Gota going, food crisis threat by August: Ranil
News4 days ago
More Opp. members switch allegiance as six more ministers are sworn in
Features6 days ago
Ranil-Rajapaksa Interim Government and Cabinet are a betrayal of the People
News5 days ago
Speaker proposes how to steer SL out of crisis