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Midweek Review

Post-war foreign relations: A diplomatic quagmire for Lanka

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President Gotabaya Rajapaksa flanked by PM Mahinda Rajapaksa and Chinese FM Wang Yi launch Sri Lanka China Friendship Sailing Cup at the Port City last Sunday.

By Shamindra Ferdinando

Chinese Ambassador to Colombo Qi Zhenhong seems quite confident of Sri Lanka’s capacity to overcome the current economic turmoil the ruling Sri Lanka Podujana Peramuna (SLPP) is experiencing.

 The top Chinese envoy, at an informal meeting with a selected group of print media journalists on Sunday (09), soon after the departure of Chinese State Councillor and Foreign Minister Wang Yi, asserted that the crisis was temporary.  Ambassador Qi Zhenhong declared that as Sri Lanka had overcome far bigger challenges the country wouldn’t be overwhelmed by the current challenge in debt servicing. The meet took place at the King Emperor Suite of the Galle Face Hotel

 Wang departed following high level political talks with the Sri Lankan leadership. President Gotabaya Rajapaksa, Premier Mahinda Rajapaksa and Chinese FM Wang inaugurated the Sri Lanka-China Sailing Cup 2022 at the Port City to celebrate the 65th anniversary of China and Sri Lanka diplomatic relations and the 70th anniversary of the Rubber-Rice pact. Interestingly, former Premier and UNP leader Ranil Wickremesinghe, MP, was among the invitees. Wickremesinghe, whose government delayed the Port City project by about one and half years, sat next to Foreign Minister Prof. G. L. Peiris, who returned from an official visit to Seoul the previous day.

 Is Ambassador Qi Zhenhong right in his assessment? Had there been far bigger crises in the recent past that threatened to overwhelm Sri Lanka? Perhaps Ambassador Qi Zhenhong is right in his appraisal. Maybe, he is not. Having joined the Chinese Foreign Service in 1988, Ambassador Qi Zhenhong took over the Chinese diplomatic mission in Colombo about a year ago at the height of Covid-19 eruption.

 Amidst a simmering row with the Sri Lankan government over the rejection of an allegedly contaminated Chinese carbonic fertiliser consignment, Ambassador Qi Zhenhong undertook a three-day visit (Dec 15-17, 2021) to the Jaffna peninsula.

Colombo-based The Hindu correspondent, Meera Srinivasan, in a story dated Dec 26, 2021, headlined ‘Chinese Ambassador’s visit to Jaffna sparks concern, commentary in Sri Lanka’, described the visit as an intensification of geopolitical contest between India and China. Qi Zhenhong underscored China’s right to engage people in any part of Sri Lanka. Responding to media at the Emperor’s Suite, Qi Zhenhong pointed out: “Jaffna is in the northern part of Sri Lanka, not south of any other country.”

 Ambassador Qi visited the Jaffna public library and the Adam’s Bridge, a row of limestone shoals across the narrow Palk Strait between Mannar and Rameswaram in Tamil Nadu.

The Ambassador visited a seafood factory in Mannar district, built with Chinese investment, and a sea cucumber farm in Jaffna.

The Chinese entry into Sri Lanka and the gradual expansion of its role here should be examined against the backdrop of Indian-funded terrorism project that destabilised the entire country. The Sri Lanka Army couldn’t have withstood the terrorist firepower if not for military assistance provided by China, Pakistan, Russia and Israel during the early stages of the conflict. Having paid a heavy price for destabilising its smaller neighbour, India allowed the annihilation of separatist Tamil conventional military capability in 2009. The eradication of terrorism has paved the way for geopolitical contest between the two Asian nuclear powers here. Both China and India seemed confident in pursuing their agendas as the cash-strapped SLPP government struggled on multiple fronts. The deterioration of Sri Lanka’s economy as a result of the Covid-19 pandemic delivering a devastating blow to its once vibrant tourism industry and expatriate worker remittances, (both raked in huge amounts of foreign exchange), as well as waste, corruption and mismanagement at every level appeared to have facilitated anti-Sri Lanka foreign projects much to the dismay of the vast majority of people. Sri Lanka seems to be at the mercy of foreign powers.

Superpower politics

 Chinese and Indian investments as well as relations with political parties here cannot be discussed leaving out the ongoing battle between China and the US-led grouping. India is part of the latter. South Korea is also in that group though it has so far refrained from joining the four-nation ‘Quad’ comprising the US, India, Japan and Australia. Post-war Sri Lanka is in a dicey situation. In spite of overcoming terrorism 12 years ago, Sri Lanka is under tremendous pressure from both parties as each seeks investment opportunities advantageous to them.

 Recently, Fisheries Minister Douglas Devananda expressed concerns over China and India seeking to invest in the Point Pedro fisheries harbour. Devananda, the leader of the Eelam People’s Democratic Party (EPDP), one of the smaller terrorist groups, that took to the democratic path long before the LTTE terror mechanism was annihilated and primarily active in the Northern region vowed not to allow China to exploit the Northern population. Obviously Devananda is playing politics. The Fisheries Minister cannot take a view contrary to that of the Rajapaksas.

Pathfinder, an organisation founded by Sri Lanka’s High Commissioner in New Delhi, Milinda Moragoda, in its latest report titled ‘Sri Lanka has no room to maneuver’ carried in the January 10 edition of The Island warns of a catastrophe unless the government adopts remedial measures, immediately. While appreciating the arrangement Sri Lanka has reached with India to meet immediate challenges, Pathfinder recommended (i) restructuring of external debt (ii) an arrangement with the International Monetary Fund (iii) mobilisation of ‘bridging finance’ to meet the external financing gap up to June 2022.

Recent US and Indian investments in the energy sector should be viewed against the backdrop of much economically weakened Sri Lanka. The controversial energy deals with US-based New Fortress Energy, and Indian Oil Corporation Limited finalised on Sept 17, 2021 and January 5, 2022, respectively, generated much public interest. The latter was finalised just days before the Chinese Foreign Minister’s visit. Both agreements have been challenged in the Supreme Court. The SC is in the process of hearing several petitions against the US energy deal whereas Ven. Wakmulle Uditha Thera of Nayigala Raja Mahaviharaya, Agrahara, Weeraketiya, filed a fundamental rights petition against the agreement on Trincomalee Oil Tank Farm. The Ven. Thera is believed to be acting on behalf of the JVP, the only party to move court against both the US and Indian investments.

Energy Minister Udaya Gammanpila, who along with Cabinet colleagues, Vasudeva Nanayakkara and Wimal Weerawansa moved SC against US energy deal that came through the backdoor, in a booklet titled ‘Regaining Trincomalee Oil Tank Farm’ declared that he gave the ‘strategic leadership’ to the project. In spite of accusations of a sellout and betrayal by many quarters, including the Federation of National Organisations, led by Dr. Gunadasa Amarasekera, which demanded a thorough investigation. Attorney-at-law Gammanpila defended the latest agreement. The booklet released by the Energy Ministry contained a letter dated July 29, 1987 signed by the then Indian Prime Minister Rajiv Gandhi that dealt with the Trincomalee oil tank farm, President JRJ’s response, an agreement finalised on Feb 7, 2003, during Ranil Wickremesinghe’s premiership, a Memorandum of Understanding (MoU) on economic projects signed in 2017 also during Wickremesinghe’s premiership. What really surprised the public was that though the Energy Ministry compared the 2017 MoU with the recently finalised agreement, the ministry quite conveniently left the January 5 agreement out of the booklet. The ministry may claim that the agreement couldn’t be included as at the time of the releasing of the booklet, it hadn’t been signed. Perhaps, the printing of the booklet should have been delayed till the finalisation of the agreement.

Declaring the project received political guidance from President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, the Energy Ministry revealed the identities of the two negotiating teams. Accordingly, the Sri Lankan delegation comprised Lalith Vidanagamage, Advisor, Energy Ministry, Buddhika Madihahewa, Managing Director, CPC, Mrs. Hasitha Paragahagoda, Legal Officer, Energy Ministry and Nalin Beligaswatta, Research Officer, Energy Ministry.

The Energy Ministry also named the Indian negotiating team. Deputy High Commissioner Vinod K. Jacob has led the Indian delegation that included Dr. Rakesh Pandey, Head of Commerce, Indian HC, Ms Irina Thakur, First Secretary, Commerce and Cultural Affairs and Manoj Gupta, Managing Director, LIOC.

The Trincomalee Oil Tank Farm comprised two sections (i) Lower Tank Farm and (ii) Upper Tank Farm spread over 827 acres of land.

One cannot forget the circumstances India forced the Indo-Lanka Accord on the latter. That agreement finalised at the height of the US-Soviet cold war encompassed the Trincomalee Oil Tank Farm. Today, US-India relations have reached zenith whereas at the time of the Indo-Lanka Accord India was seen as being much closer to the Soviet Union and constantly feared the US using Sri Lanka as a platform to destabilise the country. The letters exchanged between Rajiv Gandhi and JRJ agreed on the restoration and operation of the Trincomalee Oil Tank Farm as a joint venture. With the latest agreement, India has consolidated its position in the strategic port city of Trincomalee close on the heels of politically influential Adani Group’s investment at the Colombo port. Gujarat-headquartered company signed a Build, Operate, Transfer (BOT) agreement with Sri Lanka’s largest listed company John Keells Holdings and the Sri Lanka Ports Authority (SLPA) to jointly develop the Colombo West International Container Terminal (CWICT) at the Colombo Port, situated amidst one of the busiest shipping routes in the world. China has secured a terminal of its own during the previous Rajapaksa administration as the war was raging with hardly any other investor showing interest and during the Yahapalana administration won a 99-year lease on the Hambantota port. Controversy surrounds the Hambantota port deal, too. Arjuna Ranatunga, who had served as the Ports and Shipping Minister at that time had to give up the portfolio as he didn’t agree with the terms. The then President Maithripala Sirisena and Premier Ranil Wickremesinghe brought in SLFPer Mahinda Samarasinghe as the Ports and Shipping Minister to put the finishing touches to it. Having finalised the agreement in 2017, Samarasinghe switched his allegiance to the SLFP in the run-up to the last parliamentary election in August 2020. The one-time UNPer recently gave up his Kalutara District parliamentary seat to receive appointment as Sri Lanka’s Ambassador in Washington.

Former PM Wickremesinghe, FM Prof. Peiris, Minister Namal Rajapaksa and Chinese Ambassador to Colombo Qi Zhenhong at the launch of Sri Lanka China Friendship Sailing Cup at the Port City last Sunday (pics courtesy PM Media)

Wijeyadasa strikes discordant note

 In spite of China and Sri Lanka enjoying excellent relations and the latter regularly referring to China as an all-weather friend, there had been a number of contentious issues. The Island had an opportunity to raise some of them with Ambassador Qi Zhenhong during last Sunday’s meeting. Reference was made to accusations made by the then Finance Minister Ravi Karunanayake as regards China taking advantage of Sri Lanka, dispute over contaminated carbonic fertiliser consignment that had to be settled by paying USD 6.7 mn to the Chinese firm concerned and SLPP lawmaker Wijeyadasa Rajapakse’s fiery letter to the Chinese President Xi Jinping. There hadn’t been a previous instance of a lawmaker writing to the Chinese leader through its Ambassador in Colombo. Ambassador Qi Zhenhong dismissed Rajapakse’s concerns over China changing its strategy vis-a-vis Sri Lanka in the wake of the high profile ‘One Belt One Road’ (OBOR) project meant to improving connectivity and cooperation among multiple countries spread across the continents of Asia, Africa, and Europe. One-time Justice Minister and former President of the Bar Association of Sri Lanka (BASL) accused China of following an agenda intended to destroy Sri Lanka’s relations with the US, the UK, India, Japan, Korea, Australia and in time to come Russia.

Lawmaker Rajapakse’s stand cannot be examined without taking his call during the previous administration to rescind the Sri Lanka-China agreement on the Hambantota port through the intervention of the Parliament. That call was made in his capacity as a UNP Member of Parliament, whereas he wrote the January 3 dated letter as an SLPP lawmaker.

MP Rajapakse accused China of ruining Sri Lanka’s economy to facilitate their project. The former Justice Minister seemed to have no issue with Quad members, the UK and Korea. Quad members never stood by Sri Lanka at the Geneva-based United Nations Human Rights Council (UNHRC) whereas Western powers brazenly pursued a policy detriment to Sri Lanka. They either voted against Sri Lanka or skipped the vote as in the case of Japan regardless of the Comprehensive Partnership the two countries entered into in Oct 2015. Obviously, Japan lacked the political will to go against the US wishes at the Geneva HRC, whereas Seoul voted against Colombo. On the basis of the Geneva process, the Sri Lankan military is being targeted by the US and some of her allies as part of the overall campaign directed at Sri Lanka.

Regardless of Sri Lanka’s close relations with China, the accusations made by MP Rajapakse cannot be dismissed lightly. The MP issued a warning over possible Chinese investments under the ‘Selendiva’ project, having questioned the investments on the Colombo Port, South Terminal, Coal-fired power plant complex at Norochcholai, International Airport at Mattala, Lotus Tower (Nelum Kuluna) in Colombo, Lotus Theatre (Nelum Pokuna) in Colombo, International Cricket Stadium at Suriyawewa and International Conference Hall in Hambantota. Alleging China created a debt trap, lawmaker Rajapakse said that he lost his portfolio during the Yahapalana administration as he opposed the Hambantota port deal. The copies of MP Rajapakse’s explosive letter have been sent to the President, Prime Minister, Speaker, Most Venerable High Prelates, the Archbishop Colombo, Foreign Minister, Chinese Ambassador in Sri Lanka and Colombo-based High Commissioners and the Ambassadors of the other countries.

Can the SLPP government afford to ignore Wijeyadasa Rajapakse’s actions, particularly against the backdrop of stripping Susil Premjayantha of his portfolio over criticism of the government? Similarly, can Ministers Vasudeva, Wimal and Udaya get away after having challenged their Cabinet colleagues over the US energy deal? The government needs to address these issues as the ruling coalition as well as other political parties represented in Parliament struggle to come to terms with a rapidly changing situation. Avoiding Chinese as well as Western moves and that of India seem a herculean task for Sri Lanka, trying to walk the diplomatic tightrope.

During the Yahapalana administration, the US pushed for three agreements, namely ACSA (Access and Cross Servicing Agreement), SOFA (Status of Forces Agreement) and MCC (Millennium Challenge Corporation (MCC) Compact. On the approval of President Sirisena, the government signed ACSA in August 2017 though the remaining agreements couldn’t be finalised. No one can forget how Premier Ranil Wickremesinghe authorised one-sided CFA (Ceasefire Agreement) or the Sirisena-Wickremesinghe duo allowed the Singapore Sri Lanka Free Trade Pact. If those in power and the Opposition are genuinely interested in protecting national assets, they’ll agree on a political mechanism to reach consensus on agreements with external powers/foreign parties.



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Midweek Review

Ranil takes premiership amidst BASL bid for all party-consensus

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A smiling Premier Ranil Wickremesinghe reacts to President Gotabaya Rajapaksa after receiving the premiership. Gamini Senarath, Secretary to the President looks on. Mrs Maithri Wickremesinghe was present at the brief ceremony at the President’s House, Fort last Thursday evening (pic courtesy PMD)

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.

A tragedy

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.

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Midweek Review

Up for Grabs

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By Lynn Ockersz

It’s the Horse Trader’s hour once again,

And fierce bargaining unfolds on Stage;

Creatures stomping with iron hoofs,

Displaying teeth of menacing length,

And merciless whips for tongues,

Are receiving top most billing,

By ‘Strutting and Fretting’ business Heads,

Trying now to sit in saddles under siege,

But in a hitherto nodding land,

That’s suddenly come rudely awake,

These are risky sleazy deals to make,

For, the moment has already arrived,

Wherein hunger has turned Ploughshares,

Into Spears of divisive hate and vengeance.

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Midweek Review

Possible link between TID head’s arrest and Easter Sunday massacre baffles retired DIG

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Retired DIG Priyantha Jayakody, one-time police spokesman, last Saturday (07) advised the police on how to deal with the current wave of protests. Jayakody addressed the media in the wake of President Gotabaya Rajapaksa declaring a State of Emergency following police crackdown on protests near the Parliament. The retired top cop urged his former colleagues not to give into illegal orders, under any circumstances. Jayakody is the first retired top cop to declare his support for the ongoing countrywide campaign for political reforms.

By Shamindra Ferdinando

Actor Jehan Appuhamy carried a life-sized cross on his shoulder from Katuwapitiya, in the Katana electorate, to the entrance of the President’s Office (Old Parliament), Galle Face, where a high profile ‘Go Gota Home’ campaign was underway.

The three-day trek began at the St. Sebastian Church premises, on April 19, where exactly three years ago Achchi Muhammadu Muhammadu Hasthun detonated his suicide device, killing over 100. Hasthun is widely believed to be one of the bomb makers, responsible for six suicide blasts, in the space of 20 minutes, beginning at 8.45 am on that particular day. The first detonation occurred at the St. Anthony’s Shrine, Colombo, Kochchikade, at 8.45 am. Other blasts ripped through Kingsbury, Colombo, at 8.47 am, St. Sebastian’s Church, Katuwapitiya, also at 8.47, Shangri-La, Colombo at 8.54, Cinnamon Grand, Colombo at 9 and Zion Church, Batticaloa at 9.05.

In addition to those planned blasts, there were two explosions – one at the Tropical Inn Guest House, Dehiwela, where one terrorist triggered his explosive device, and the last blast at Dematagoda, where Fatima Ibrahim, the wife of Inshaf Ibrahim (the Cinnamon Grand bomber), blew herself up, killing three police commandos. The blast also claimed the lives of her three young sons and her unborn child.

Actor Appuhamy’s endeavor received the blessings of the Catholic Church, campaigning for justice. The Catholic Bishops’ Conference has repeatedly demanded that the perpetrators of the Easter Sunday massacre, as well as those who failed to thwart the conspiracy, due to sheer negligence, or some other reasons, be punished, regardless of their standing in the society.

Appuhamy completed a 25-mile long journey, on April 21, on the 13th day of the ‘Go Gota Home’ campaign. A group of Catholics joined a protest launched opposite Temple Trees, three days later, demanding justice for the Easter Sunday carnage. The Catholic Bishops’ Conference members, and the Archbishop of Colombo, Rt. Rev. Malcolm Cardinal Ranjith, has pledged their support for the ongoing campaign, demanding the resignation of President Gotabaya Rajapaksa and the entire Cabinet-of-Ministers, including Prime Minister Mahinda Rajapaksa.

Quite a number of Catholics displayed placards, demanding justice for the Easter Sunday victims, an issue that has sharply divided the country, experiencing the worst-ever post- independence economic-political and social crisis.

Retired Deputy Inspector General (DIG) of Police, Priyantha Jayakody, in an open letter, addressed to Defence Secretary, retired Gen. Kamal Gunaratne, published in Annidda, in its May Day edition, has questioned the failure on the part of the incumbent dispensation to bring the perpetrators of the Easter Sunday massacre to justice. Jayakody also queried the inordinate delay in completing the high profile investigations, launched during the yahapalana administration, into the alleged attempts to assassinate the then President Maithripala Sirisena and Gotabaya Rajapaksa, the incumbent President.

The current dispensation couldn’t absolve itself of the responsibility for not adequately addressing the grievances of the Catholic Church, Jayakody told The Island. It would be a grave mistake on the government’s part to believe the issues, at hand, would be forgotten in a couple of years, therefore the current protests could be ignored. Jayakody, who had served the Police Department for almost 40 years, retired in late April 2021.

Namal Kumara affair

Ex-DIG Jayakody asserted that the arrest of DIG Nalaka Silva, the head of the Terrorist Investigation Division (TID) on Oct 25, 2018, over his alleged involvement in an attempt to assassinate President Maithripala Sirisena and incumbent President Gotabaya Rajapaksa (then an ordinary citizen) may have facilitated the Easter Sunday suicide mission. Declaring that at the time of Silva’s arrest, the officer had been tracking the would-be Shangri-La bomber, and the leader of the suicide squad, Zahran Hashim, Jayakody questioned whether the investigator was falsely implicated in an alleged assassination plot to clear the way for the dastardly suicide attacks.

Jayakody emphasized that the conspirators had intervened when the investigation reached a crucial stage. Did the government pay sufficient attention to the unwarranted delay at the Attorney General’s Department, in respect of its failure to deal with Zahran Hashim’s file? The National Catholic Committee for Justice, in a missive, dated July 12, 2021, addressed to President Goabaya Rajapaksa, referred to the conduct of the Attorney General’s Department. The Committee pointed out to the President, the PCoI (Presidential Commission of Inquiry) recommendation to the Public Service Commission (PSC) that disciplinary action be taken against State Counsel Malik Azees and Deputy Solicitor General Azad Navavi (PCoI Final Report, Vol 01, p 329).

The Criminal Investigation Department (CID) arrested Silva after having questioned him over a period of five days. At the time of his arrest, Silva had been suspended on the instructions issued by the National Police Commission (NPC).

Jayakody pointed out how within 24 hours after the TID Chief’s arrest, President Maithripala Sirisena sacked the Cabinet-of-Ministers, including Prime Minister Ranil Wickremesinghe. In spite of Mahinda Rajapaksa being sworn in as the Prime Minister, he couldn’t prove a simple majority in Parliament. A disappointed President Sirisena had no option but to dissolve Parliament, on Nov 09, 2018, and set January 05, 2019 as date for parliamentary election. But, the Supreme Court intervention restored Ranil Wickremesinghe’s premiership. Thus President Sirisena’s plan for January 05, poll was thwarted; thereby the stage was set for scheduled presidential election.

According to Jayakody, the arrest of the TID Chief, over alleged assassination plots, automatically crippled the unit. Those who had been attached to the TID were looked down, both by other police officers and men, as well as the public.

The retired top cop questioned the role played by the media, particularly the television channels, in propagating claims made by police informant Namal Kumara, as regards alleged plots to assassinate President Sirisena and incumbent President Gotabaya Rajapaksa. Pujith Jayasundera, who had served as the yahapalana IGP, is on record as having told the PCoI that Namal Kumara was paid by the Presidential Secretariat. Jayasundera quoted Dr. Saman Kithalawarachchi, the then Chairman of the Presidential Narcotics Bureau, as having told him that Namal Kumara served as a lecturer and was paid by the Presidential Secretariat.

Jayakody, in his open letter to Gen. Gunaratn, asked for the status of the investigation launched, following Namal Kumara’s unprecedented claims. “The people have a right to know. The government, under siege over the economic fallout, should come clean,” Jayakody stressed, adding that the ongoing countrywide protests reflected the crisis the country is in today.

Key issues

The Police Department owed an explanation to the public regarding the status of the investigation into the disgraced TID Chief’s alleged involvement in planned political assassinations. DIG Jayakody said that the incumbent dispensation, having repeatedly assured justice for the Easter Sunday victims, was yet to bring a critically important investigation into the Namal Kumara affair, to a successful conclusion. The need for a thorough investigation into the constitutional coup, perpetrated by President Maithripala Sirisena immediately after DIG Silva’s arrest, cannot be ignored. Would Zahran Hashim have gone ahead with the attacks if the constitutional coup succeeded? DIG Jayakody raised the following unresolved accusations leveled by Namal Kunara:

* DIG Silva dispatched a police hit squad, that had been assigned the task of carrying out VIP assassination, to Batticaloa

* DIG Silva sought special weapons used by snipers

* DIG Silva conspired with the then Prime Minister Ranil Wickremesinghe

* Involvement of Thushara Peiris, a person living overseas, in the assassination conspiracy

*Conspiracy to involve ‘Makandure Madush’ in the conspiracy

Suspected drug baron, Samarasinghe Arachchige Madush Lakshitha, alias ‘Makandure Madush,’ was shot dead in the early hours of Oct 21, 2020. Madush was killed, under controversial circumstances, while being in police custody. At the time of the incident, Madush had been in the custody of the Colombo Crime Division (CCD). The police claimed that Madush received gunshot injuries at the Lakshitha Sevana apartment complex at Applewatta, in Maligawatta. Madush was brought to Colombo on May 05, 2019, from Dubai, where he was arrested on February 05, 2019.

Jayakody questioned the rationale in Namal Kumara’s accusations, TID Chief’s arrest and delivering a crippling blow to investigations into Zahran Hashim’s outfit. Finally, the wartime Defence Secretary Gotabaya Rajapaksa, who had been the alleged target of a police assassination attempt, won an opportunity to contest the 2019 presidential election, on the SLPP ticket. Gotabaya Rajapaksa received the mandate of 6.9 mn votes whereas the other claimed target, Maithripala Sirisena, in his capacity as the SLFP leader, contested the 2020 General Election. Sirisena re-entered Parliament having contested the Polonnaruwa electoral district. The SLFP group, in the current Parliament, comprised 14 lawmakers, including one National List MP. Except for Angajan Ramanathan, elected on the SLFP ticket (Jaffna District), the remaining 13 entered Parliament on the SLPP ticket.

Ex-DIG Jayakody said that in the wake of the SLPP victory, they expected rapid progress, not only in the Easter Sunday massacre probe, but also investigations into the Namal Kumara affair. Jayakody compared the investigations into the Easter Sunday attacks, and the Namal Kumara affair, with that of the 1962 coup attempt meant to remove the then Premier Sirimavo Bandaranaike from power. Jayakody recalled how top military personnel, who had been accused of the bid to assassinate Premier Bandaranaike, were dealt with the following investigations. Unfortunately, investigations into Namal Kumara’s disclosure hadn’t been completed, even over three and half years after the arrest of TID Chief.

In his open letter, Jayakody posed the following questions to Gen. Gunaratne: (i) Would you disclose the current status of the investigations into claims made by Namal Kumara (ii) Would you explain why cases hadn’t been filed in court against ex-DIG Nalaka Silva or other suspects involved in the alleged assassination attempts (iii) Have the investigators succeeded in verifying the claims made by Namal Kumara? If the accusations could be verified, what delayed all suspects being arrested? In respect of those who had been arrested so far, what caused the delay in the government moving court against them? (vi) Have the investigators realized that there is no basis for Namal Kumara’s accusations? If so, why a case hadn’t been filed against the former police informant over making false accusation and finally (vii) Could you explain the failure on the part of the government to conduct investigations speedily in spite of one of the two main targets of ex-DIG Nalaka Silva, as alleged by Namal Kumara, is serving the incumbent administration as the President, who is also the Commander-in-Chief of the armed forces, and the other leader of a constituent party and a lawmaker.

Cardinal’s stand

The government should be mindful of the consequences of further delay in bringing the investigations into a conclusion. The widely held belief that the incumbent dispensation deliberately delayed, or undermined the investigations, may cause quite a serious situation, particularly against the backdrop of the Geneva-based United Nations Human Rights Council (UNHRC) taking up the issue last year. Sri Lanka Co Chairs at the UNHRC, too, have taken up the issue.

Jayakody warned that unless the government, at least now, dealt with the Namal Kumara affair properly, the public would believe it was related to the Easter Sunday conspiracy. According to Jayakody, the public are gravely suspicious of Namal Kumara ‘drama’ being the precursor for later developments. Jayakody questioned Gen. Gunaratne’s response to Archbishop of Colombo Rt. Rev. Malcolm Cardinal Ranjith’s repeated demands for justice. Referring to Gen. Gunaratne’s recent response to the Cardinal’s public criticism of the handling of the Easter Sunday investigations, Jayakody asserted that the Defence Secretary’s advice to the Cardinal that he should inform the CID of any relevant information without making public statements sounded like a challenge. Jayakody emphasized that the Cardinal had taken the issue beyond the CID against the backdrop of growing suspicions that justice couldn’t be expected under the current dispensation.

Jayakody, identifying himself as a Catholic, drew the government’s attention to the Cardinal’s fight, both here and abroad, that has attracted the attention of the international community. The retired top cop stressed that the government hadn’t so far been able to counter the spate of issues raised by the Catholic Church regarding the Easter Sunday massacre. Instead of challenging the Catholic Church, the government should answer pertinent questions.

Responding to The Island queries, Jayakody emphasized that he didn’t want to issue a character certificate to DIG Nalaka Silva. Jayakody said the issue at hand is whether Namal Kumara, at the behest of some interested party/parties, directed a spate of allegations, at the then TID Chief Silva, to create an environment conducive for law enforcement authorities to move against DIG Silva. Had Silva received the wrath of the powers that be, as he pursued the now proscribed National Thowheed Jamaat (NTJ) responsible for the Easter Sunday massacre?

The Easter Sunday massacre created an environment that undermined the yahapalana administration. The public responded to the SLPP’s assurances to ensure security in the run-up to the 2019 Presidential Election. Three years later, those who vowed to deal with extremism and terrorism are under fire over the failure to unravel the Easter Sunday mystery.

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