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Midweek Review

Thico ‘investments’, money laundering and related matters

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Violence cannot be justified, under any circumstances. Therefore, the practice of referring to the JVP bids to topple the governments of the late Mrs. Sirimavo Bandaranaike (April 1971) and JRJ and Ranasinghe Premadasa (1987-1990) as southern insurrections should be stopped. The armed forces and police defeated the JVP and LTTE terrorism. Several other Tamil terrorist groups gave up violence in 1989/1990.

Today, some groups are represented in Parliament. The author of ‘Terrorism & the Criminal Law of Sri Lanka’, Attorney-at-law Asela Seresinghe, who researched at the University of Sydney, under the Australia Awards Scholarship Programme for LL.M, dealt with relevant and related issues. Accountability issues cannot be discussed without taking into consideration the immense sacrifices made by the armed forces and police to ensure the continuation of democratic way of life and the utterly reckless and irresponsible conduct of the corrupt political party setup that has brought the country to its knees. Continuation of Sri Lanka’s pathetic performance, at the Geneva based United Nations Human Rights Council (UNHRC), where the country is under heavy pressure to rescind the Prevention of Terrorism Act (PTA), reminds the public of the recurrent failures on the Geneva front, especially in light of the fact the USA and the UK have much more draconian laws in place to tackle the problem of terrorism.

By Shamindra Ferdinando

The recent high profile arrest of Thilini Priyamali, over the misappropriation of massive amounts of money, underscored the need for a no holds barred investigation into her nefarious activities, as well as those of her ‘investors,’ and her employees. But, it wouldn’t be fair to tar all with the same brush.

In spite of quite an extensive coverage of the case, with the focus on Priyamali’s clandestine transactions, and that of her ‘husband’ Isuru Bandara, several contentious issues remains to be properly addressed and investigated.

However, Sri Lanka’s record in investigating high profile cases is pathetic. As examples, we can site quite a few: corruption charges pertaining to the multi-billion dollar aircraft purchase, involving the national carrier SriLankan Airlines, and the Europe-based Airbus consortium, black money stashed abroad, exposed by Panama Papers, Pandora Papers, and 99 percent of revelations about waste, corruption, irregularities, and mismanagement made by parliamentary watchdog committees, have not been pursued to a proper conclusion by those responsible for doing so.

Perhaps, one of the major concerns is whether Priyamali, and those who invested money through what was advertised as a well-diversified duly registered Thico Group of Companies, were involved in money laundering. For a woman, from an ordinary low income family, in Kalutara, with an education only up to eighth grade, there has to be something more to this whole scam.

Priyamali’s enterprise, that claimed to have been established in a range of industries, including construction, entertainment, gem and jewellery, real estate and trading, operated from the 34th floor of the World Trade Centre, situated within walking distance of the Central Bank, and, virtually, under its nose. What is the Bank’s supposed top intelligence unit doing? The couple even exploited the current economic crisis to seek short term foreign currency investments, on the pretext of procuring the much needed crude oil.

It would be pertinent to ask whether the Central Bank has initiated an inquiry into the Thico affair or looked into the lapses on its part. The Central Bank has repeatedly failed to effectively intervene to stop scams operated by various influential groups who preyed on both the corrupt and the naive. Prima facie Thilini Priyamali’s operation seems no exception but a basic much repeated scam, but on steroids.

The One Transworks Square (Pvt.) Ltd. Chief Executive Officer and Director, Janaki Siriwardana, has been accused of facilitating Priyamali’s operation. In the wake of the CID taking Isuru Bandara into custody, on Monday, now the focus is on Siriwardhana. Former Governor Azath Sally is on record as having said that Janaki Siriwardhana, who introduced him to Priyamali at the former’s office, was involved in the alleged scam. Sally said that altogether he and his associates handed over Rs 226 mn to the Priyamali-Siriwardhana duo. The former UNPer questioned the right of the public to ask how they got so much money, according to an interview he gave to Hiru.

Money laundering is meant to disguise criminal proceeds, particularly their illegal origin. One of the primary objectives of money laundering, under whatever circumstances, is to conceal ill-gotten wealth.

Kamal Hassen’s disclosure

The Trico Group controversy should be vigorously examined, taking into consideration the extremely serious accusations and allegations made by prominent businessman Kamal Hassen, the first to seek the intervention of law enforcement authorities. Having lodged a complaint with the Criminal Investigation Department (CID), several weeks ago, with the help of Senior DIG Deshabandu Tennakoon, the senior officer in charge of the Colombo Range. Utterly frustrated with the system in place, Hassen discussed how Thilini Priyamali and Isuru Bandara swindled him of AUD 100,000, USD 60,000 and 136.75 gold sovereigns. Hassen’s exclusive interview with Chamuditha Samarawickrema (Truth with Chamuditha) should certainly help the CID to ascertain the truth.

Hassen accused the Officer-in-Charge of the Fort police station of interfering in his case, on behalf of the suspect.

The intrepid businessman also questioned how the Thico Group proprietor obtained approval for her bodyguards to carry automatic weapons, in a high security zone. Clearance has been received during the previous administration (before the change of the government in July this year).

Responding to Samarawickrema, Hassen revealed that he was inquiring into the alleged involvement of a well-known person whose identity he declined to reveal. Pressed for an answer, Hassen identified the culprit as a man. At one point, Hassen disclosed how Thilini Priyamali received a call from former first lady Shiranthi Rajapaksa, in response to a call she made two minutes before. Hassen alleged that it was all part of the fraudster’s strategy to unnerve those who had been targeted.

When the writer requested Hassen to clarify some of his accusations therein, the businessman stressed that lawyers, appearing for the fraudster recently, tried to convince him, at the Fort Magistrate Court, where the case is heard, to settle it out of Court.

Hassen repeated what he told Samarawickrema that he was offered Rs 10 mn as the initial payment to drop the case. “The culprits have a right to retain lawyers of their choice. There is no dispute over that. Lawyers, too, cannot be faulted for accepting cases. That is their undisputed right.” Hassen said.

He said that he rejected the disgraceful proposal made by a lawyer, on behalf of the accused, as he wanted to pursue the case. In spite of the interviewer pressing Hassen to name the lawyers, he declined to do so.

However, according to Hassen, the alleged fraudster was represented by two President’s Counsels and four other lawyers. Hassen insisted that he talked to the lawyer who made, what he called, an indecent proposal.

Thilini Priyamali is expected to be produced in the Fort Magistrate Court today (19) from remand. The Bar Association of Sri Lanka (BASL) can inquire into this. But, as always the BASL would conveniently say it wouldn’t do so unless the outfit received a complaint. (The writer received that response when an explanation was sought regarding the high profile Aeroflot case in which the conduct of Attorney-at-Law Aruna de Silva received the attention of the Justice Ministry. The lawyer represented the plaintiff the Ireland-based Celestial Aviation Trading Company Ltd., with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from colonial times. The Justice Ministry found fault with lawyer De Silva for accompanying a fiscal officer of the Commercial High Court of the Western Province to deliver a court ruling given by High Court Judge S. M. H. S.P. Sethunge in next to no time on 02 June. The government owes an explanation.

Perhaps the Justice Ministry should explain the current status of that particular investigation in the wake of the Office of Chief Justice Jayantha Jayasuriya, PC, being informed of the issue at hand.

Terrorism & Criminal Law

Attorney-at-Law Asela Seresinhe

Attorney-at-Law Asela Seresinhe couldn’t have launched ‘Terrorism & the Criminal Law of Sri Lanka’ at a better time. Seresinhe dealt with a range of issues, including money laundering (Prevention of Money Laundering Act No 05 of 2006/page 112). Would the Thico Group of Companies be subjected to a comprehensive inquiry? Only time will tell.

Former Attorney General, Palitha Fernando, PC (2012-2014) in his foreword, recommended Seresinhe’s work for students of international law, the academics as well as the general public, including politicians.

Fernando suggested that ‘Terrorism & The Criminal Law of Sri Lanka’ be translated for the benefit of Sinhala and Tamil speaking people.

Former AG Fernando recollected the time Asela and his wife, Maheshika, served as young officers at the Attorney General’s Department at the time he served as the AG. During his tenure as the AG, at the behest of the then President Mahinda Rajapaksa, Parliament impeached Shirani Bandaranayake, the 43rd Chief Justice. She was removed in January 2013. Seresinhe served as a State Counsel in the Criminal Division of the AG’s Department (2007-2017).

Draconian anti-terrorist laws

Seresinhe has quite rightly acknowledged that in the absence of awareness and understanding, a section of the public distrusted anti-terrorism laws (Prevention of Terrorism Act), the Public Security Ordinance and Emergency Regulations. The operation of the criminal justice system, too, is a matter of concern, author Asela Seresinhe has said, while profusely appreciating the contribution made by his father-in-law Anil Silva, PC, in overall enhancement of his legal knowledge.

Seresinhe has examined the issues at hand against the backdrop of the enactment of the PTA (Temporary Provisions) (Amendment) Act No 12 of 2022 in March this year before violent public protests erupted against the then President Gotabaya Rajapaksa. Having acknowledged the absence of universally acceptable Convention relating to terrorism, the author discussed a wide range of issues and related matters taking into consideration both domestic and international developments/situations as well.

The author mentioned 19 specific international instruments, relating to terrorism (Sri Lanka is a party to 11,out of 19). Seresinhe also made reference to the ‘SAARC Regional Convention on Suppression of Terrorism’ finalised in Kathmandu, Nepal, on Nov 04, 1987, meant to battle domestic and regional terrorism, as well as Law of Armed Conflict/International Humanitarian Law. It would have been better if the author briefly discussed the Indian destabiliation project that was meant to pave the way for the deployment of the Indian Army in Sri Lanka. By the time SAARC finalized the anti-terrorism law, the Indian Army was deployed in the Northern and Eastern regions, in Sri Lanka, in terms of the Indo-Lanka accord, forced on the then JRJ government. Actually, successive governments had pathetically failed to address accountability issues, raised by the Geneva-based United Nations Human Rights Council (UNHRC), in respect of Sri Lanka’s response to separatist Tamil terrorism. The UNHRC has focused on the fourth phase of the war (2006-2009), while turning a blind eye to the Indian destabilization project, in the run up to the deployment of the Indian Army here (July 1987-March 1990) and atrocities committed by the Indian Army. India never acknowledged the grave violations committed by its Army.

Actually, Sri Lanka never dared, at least, to refer to the status of the Indian Army deployment here. Geneva, too, conveniently ignored the contentious issue. The undeniable truth is that the Indian Army hadn’t been really subjected to Sri Lanka’s domestic laws, nor the Indian sponsorship of terrorism here ever probed. But, India, now a close ally of the US, vis-à-vis China, served as a member of the UNHRC. India abstained at the vote, on the latest resolution, moved in Geneva, against the war-winning Sri Lanka that pulled off an incredible victory despite all odds stacked against her, especially by the West. Altogether 20 countries abstained. Twenty countries voted for, whereas seven voted against.

The UNHRC is seriously concerned about the PTA. Geneva wants the law abolished. President Ranil Wickremesinghe’s government is under heavy pressure, by Western powers, to do away with the PTA with a section of the Opposition, too, finding fault with the Wickremesinghe-Rajapaksa government for using the PTA to suppress those still protesting against the government. Sri Lanka’s anti-terrorism law has become a huge issue, with those represented in Parliament sharply divided over the incumbent government’s response. But it is a fact that some key Aragalaya activists, while claiming to be peaceful protesters, when the opportunity arose they put into operation their sinister plans, as on May 09 when they looted and torched properties of government politicians, right across the country. Likewise, they stormed the PM’s office and even chased the President out of the country, and also torched the private residence of Mr. Wickremesinghe, by taking the law into their own hands. Luckily for the country, President Wickremesinghe took timely counter measures, after taking office, and, thereby, prevented the overrunning of Parliament, as well, in nick of time.

Whatever various interested parties, especially foreign funded NGOs propagated, all countries are vulnerable and should be prepared to face any eventuality. Some of those who advise Sri Lanka on accountability issues are the worst violators of international laws. The US-UK led invasion of Iraq on ‘sexed up’ intelligence reports on the growing threat posed by Saddam Hussein’s Weapons of Mass Destruction (WMDs), or other Western interventions, as in Libya and Syria, never received genuine attention of the UNHRC. That is the reality. Ruination of Iraq is just one example of the murderous Western strategies meant to annihilate those who didn’t fall in line with their agenda.

UK example

Lawyer Seresinhe asserted that Sri Lanka’s PTA (Prevention of Terrorism Act (Temporary Provisions) Act No 48 of 1979 that had been influenced by the UK legislation, introduced in 1974, to face the challenge posed by IRA terrorism. The lawyer underscored the need for substantial changes to the PTA in view of the continuing threats. The National Thowheed Jamaat (NTJ) mounted the 2019 Easter Sunday attacks at a time the Sirisena-Wickremesinghe administration was busy planning to replace the PTA with new anti-terrorism law. The yahapalana lot pushed for the enactment of the new law, citing the Easter Sunday carnage which could have been thwarted if the government acted on specific intelligence received from the government of India. Obviously, the then President Maithripala Sirisena, and the top UNP leadership, were too preoccupied in fighting an internecine war of their own in the yahapalana government, and its bureaucracy, by their dithering, facilitated the NTJ terror project, by sitting on high value intelligence provided by New Delhi.

The author faulted the political party system for undermining what he called ‘truth seeking’ process. This comment has been made as regards the assassination of one-time National Security Minister Lalith Athulathmudali, in April 1993, and the contradictory positions taken by the police, backed by Scotland Yard, and a Commission appointed, in 1995, by the then President Chandrika Bandaranaike Kumaratunga, in terms of the Special Presidential Commission of Inquiry Law No 07 of 1978. It would have been better if the author, at least, briefly discussed the assassination, widely believed to be one of the most controversial political killings.

The police pointed the finger at the Liberation Tigers of Tamil Eelam (LTTE), primarily on the basis of the recovery of the body of Appiah Balakrishnan alias Ragunathan, an undercover LTTE operative. The body was found on the following day on Mugalan Road, at Kirulapone. Both the Sri Lanka police and Scotland Yard asserted that Ragunathan, having been shot by an Army deserter (Tilak Shantha), employed by Lalith Athulathmudali, in spite of injuries suffered, scaled over the nearby wall and ended up on Mugalan Road.

The bullet fired by Tilak Shantha was found on Ragunathan’s body. Having ridiculed and dismissed the Scotland Yard report, the Presidential Commission held that the late Sirisena Cooray and the late Ranasinghe Premadasa ordered the assassination.

‘Terrorism & the Criminal Law of Sri Lanka’ is a must read for those interested in contemporary security issues, including law students, general public, including politicians as suggested by Palitha Fernando, PC.

Against the backdrop of the US, the UK and India exerting pressure on Sri Lanka over accountability issues, the US imposition of travel ban on Chief of Defence Staff (CDS) General Shavendra Silva and his family, in Feb 2020, and the UK considering action against one-time commander of the celebrated Task Force 1/58 Division, the Chapter 8 that dealt with anti-terrorism laws, in the UK, India and the US, is perhaps one of the most interesting sections.



Midweek Review

Westminster event declares support for Canadian action against Rajapaksa brothers

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Foreign Secretary, Aruni Wijewardane, with UK’s Permanent Under Secretary of the Foreign, Commonwealth and Development Office (FCDO), Sir Philip Barton, at the Foreign Ministry, in Colombo, on January 17 (pic courtesy Foreign Ministry)

As a result of sheer negligence, Sri Lanka has ended up being categorized as a perpetrator of war crimes, and those who had fought for the country are mercilessly targeted. There cannot be a better example than Air Marshal Sumangala Dias who suffered due to Sri Lanka’s failure. Canada refused to accept Dias as Sri Lanka’s High Commissioner though the former Sri Lanka Air Force Commander has never been under human rights scrutiny. Subsequently, the government proposed Dias as Sri Lanka’s Ambassador to Italy. That move, too, failed. Italy, as a member state of the EU, pursuing war crimes accusations against Sri Lanka, declined to accept the retired SLAF Chief. The Foreign Ministry should accept responsibility for its failure to brief the inept political leadership of the stand taken by Canada and Italy on this issue. In spite of knowing what would be the outcome, the Foreign Ministry allowed the normal process to go ahead. At the end, both Canada and Italy declined to accept the retired Air Chief.

In fact, the Darusman report could have been used to counter lies. If acknowledged the discrepancy in the number of deaths caused during the final phase of the conflict. Darusman on the basis of unnamed sources alleged 40,000 deaths during Jan-May 2009 whereas the UN mission in Colombo on the basis of records made available by ICRC, hospitals et al reported between 7,000 and 8,000 deaths between August 2008 and May 2009.

By Shamindra Ferdinando

Liberal Democrats leader and MP for Surbiton, Edward Jonathan Davey, recently urged British Premier Rishi Sunak’s government to follow Canadian Premier Justin Trudeau on the Sri Lanka war crimes issue. Obviously Davey was referring to the unprecedented unilateral Canadian sanctions, recently imposed on former Presidents, Mahinda Rajapaksa (Nov. 2005-Jan. 2015) and Gotabaya Rajapaksa (2019 – Nov.-2022 July).

The occasion was what the Tamil Guardian called a night of festive celebration, musical performances and classical dance, in Central Hall, in Westminster, to celebrate Thai Pongal and Tamil heritage month. The event was described as a joint effort by the British Tamil community.

The Tamil Guardian quoted Ed Davey as having declared that the Canadian decision to impose sanctions on the Rajapaksa brothers was ‘absolutely right’ and that ‘the time for fine words has gone.’

The World Tamil Historic Society, Transnational Government of Tamil Eelam, Tamils for Labour, Tamil Coordinating Committee, British Tamil Chamber of Commerce, and British Tamil Conservatives, contributed to the event.

There shouldn’t be any issue over the celebration of Thai Pongal, Tamil heritage month, as well as the contribution the Tamil community made to British society, with the participation of British politicians.

British politicians, at such events, reflected the importance of the British Tamils, of Sri Lankan origin, as a significant vote bank.

The Westminster event was attended by several senior representatives of political parties, including Chairman of the Conservative Party, Nadhim Zahawi. The event reiterated commitment of all stakeholders, for justice and accountability.

Labour MP for Eastham, Stephen Timms, too, urged the British government to impose sanctions on individuals who, the British knew, were responsible for war crimes. The MP underscored the need for an ‘independent, international investigation’ in the absence of a domestic reconciliation process in Sri Lanka.

Rishi Sunak and Labour Party leader, Keir Starmer, sent video messages, appreciating the contribution made by the British Tamil community.

In the wake of the UK MPs’ demand for sanctions on Sri Lanka, Foreign Secretary, Aruni Wijewardane, received UK’s Permanent Under Secretary of the Foreign, Commonwealth and Development Office (FCDO), Sir Philip Barton, at the Foreign Ministry, in Colombo, on January 17. A lengthy statement, issued by the Foreign Ministry, described the discussion as a constructive bilateral engagement in the 75th year of UK-SL diplomatic relations. The visiting official was accompanied by British High Commissioner to Sri Lanka, Sarah Hulton.

The media release didn’t indicate whether Sri Lanka will take up the contentious accountability issue, as the UK spearheads the high profile campaign against Sri Lanka. Therefore, the writer rationally ascertained that no other matter had been taken up at the discussion.

With the Canadian declaration that the Rajapaksa brothers, during Eelam War IV (2006-2009), perpetrated ‘gross and systematic violations of human rights,’ the campaign against Sri Lanka has entered a new phase.

The international media quoted Canadian Foreign Affairs Minister, Mélanie Joly, as having said that they took decisive action to end international impunity against violators of international law. The Canadian measures, include travel bans and asset freezes.

The latest action should be examined against the backdrop of the Canadian Parliament recognizing Tamil genocide in Sri Lanka.

Over 14 years, after the successful conclusion of the war against the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka is yet to counter lies. The failure on the part of successive governments to defend wartime political and military leaderships has facilitated the Western agenda. Sri Lanka’s bankruptcy has accelerated their despicable agenda.

Successive inept and treacherous Sri Lankan governments, and its often much compromised diplomatic service, never made a genuine attempt to set the record straight in Geneva, New York or Washington. In fact, they cooperated with those who propagated lies by conveniently failing to properly address issues at hand. Sri Lanka seemed determined not to defend its war against the LTTE, one of the half a dozen terrorist groups, formed by India.

Canada and the UK are not interested in inquiring into the origins of terrorism here. They do not care about the Tamils, who died in the hands of the Indian Army, during its deployment in the then temporarily merged Northern and Eastern Provinces. The loss of 1,300 officers, and men, and injuries suffered by more than double that figure in combat, during the period, 1987-1990, revealed the ferocity of fighting between one-time guardians of Sri Lankan terrorists and their ‘students.’

There had been numerous excesses and reprisals but such strategies were definitely not Indian policy at that time, but what happens in most wars. These Western paragons of virtue, what did their forces do, across the world, during the colonial past, and how do their law enforcers behave to this day, especially against blacks, natives in Canada, Australia and America.

Post-war national reconciliation

hindered

During the war, there had been many excesses. The Sri Lankan military cannot, under any circumstances deny that fact. However, that hadn’t been the government policy. Unfortunately, in the absence of a cohesive strategy, Sri Lanka remains accused of genocide, and the recent Canadian actions meant that the two Presidents were now categorized as war criminals.

But the billion dollar question is where is the justice for far greater war crimes, committed by the West, in places like Afghanistan, Syria, Iraq, Libya, Yemen, etc. Easily, more than a million innocent civilians would have perished by now, in these countries, because of those endless wars, fermented by the West on trumped up, or purely frivolous excuses, like Saddam Hussein is having weapons of mass destruction, or Gaddafi is butchering his own people, while everyone knew that a man like Saddam should be given a prize for keeping a divided nation, like Iraq, in one piece, or that Gaddafi was one of the most benevolent leaders in the entire world.

Foreign Minister, Ali Sabry, PC, in response to a query raised by the writer, at a Foreign Ministry media briefing, last year, said that sanctions had been imposed on entire fighting divisions. That was months before the categorization of the two Presidents as war criminals.

It would be a grave mistake, on the part of the Western community, to believe humiliation of the military would help post-war national reconciliation. On one hand, the Western community wants the Prevention of Terrorism (PTA) abolished, the remaining terror suspects released, and a one-time political arm of the vanquished LTTE, the Tamil National Alliance (TNA) political demands met. On the other hand, the grouping wants the military punished on unsubstantiated war crimes allegations. Canadian measures are in line with that despicable strategy.

The Sri Lanka Parliament, as the supreme institution, should be ashamed of its pathetic response to the Western war crimes campaign. Sri Lanka has conveniently failed, at least to remind the Western community how R. Sampanthan’s TNA served the LTTE interests by declaring terrorist leader, Velupillai Prabhakaran, the sole representative of the Tamil speaking people.

The TNA bestowed that honour, on the LTTE, in 2001. The Sri Lankan military restored the TNA as the principal political group in the Northern and Eastern provinces, after the elimination of the LTTE, militarily, in May 2009.

Instead of recognizing Sri Lanka’s achievement, the Western community has targeted Sri Lanka, basically for two reasons, namely (1) Colombo’s relationship with China and (11) the Diaspora factor.

Actually, Sri Lanka never had a strategy to counter lies. That is the undeniable truth. Incumbent UN Chief Antonio Guterres’s predecessor, Ban Ki-moon, once compared the Vanni offensive with that of Ruwanda and Serbia genocides in the 1990s. Former UN Secretary General, South Korean Ki-moon played his part to facilitate the Western agenda, in spite of his own mission, in Colombo, contradicting unsubstantiated accusations.

How SL facilitated Western strategy

Sri Lanka never made use of a golden opportunity, given by British Lord Naseby, in Oct. 2017, to prepare a solid defence of the armed forces. His stunning revelation, in the House of Lords, two years after Sri Lanka, under the shameful Yahapalana regime, co-sponsored accountability resolution against our own country, at the Geneva Human Rights Council, exposed the British duplicity.

On the basis of hitherto confidential dispatches from the British High Commission, in Colombo, during the last phase of the war – January-May 2009, the Conservative politician contradicted the very basis of the three-member UN Darusman report. This report, released on March 31, 2011, had been the primary reason for the 2015 accountability resolution that faulted the Sri Lanka Army.

The World War 11 fighter pilot fought a near three-year battle with the British administration to secure the confidential dispatches and was finally able to obtain a highly redacted version, to contradict the lies, in the second week of Oct. 2017. Although the then Foreign Minister Tilak Marapana, PC, in his address to the UNHRC, made a reference to Lord Naseby’s revelations, Sri Lanka never requested Geneva to examine the British dispatches.

The author of British dispatches, Lt. Col. Anthony Gash, has never challenged the authenticity of heavily censored dispatches, disclosed by Lord Naseby.

Sri Lanka, in June 2011, squandered a similar opportunity to make a strong case for a revisit of the one-sided Darusman report. The then US Defence Advisor, in Colombo, Lt. Col. Lawrence Smith, quite convincingly defended the Sri Lanka Army, at the 2011 Colombo Defence Seminar. The American contradicted unsubstantiated allegations, raised by a retired Indian Major General Ashok K. Metha, formerly of the infamous IPKF. Lt. Col. Smith must have made that declaration, based on information available to the US Embassy, in Colombo, as well as other dispatches from the war zone. And, most importantly, the American officer made the declaration within three months after the releasing of the Darusman report. Sri Lanka never used British and American dispatches in her defence.

Western powers continue to harass Sri Lanka on the basis of unsubstantiated war crimes

accusations

Geneva moves to further investigate Sri Lanka should be challenged as the previous accusations, that led to the 2015 Geneva resolution, remained uninvestigated.

According to the Darusman report (paragraph 23: Confidentiality of the Panel’s records), the accusations cannot be examined till 2031. This strange stipulation has a further clause stating that the time bar could be extended for a further period. We must be the only country not allowed to examine specific accusations, directed at its armed forces. Successive governments never took the entire gamut of issues, into consideration, before making representations, on behalf of the country.

The incumbent Wickremesinghe-Rajapaksa administration is no exception. In spite of repeated vows to defend the armed forces, the previous Gotabaya Rajapaksa-led government pathetically failed in its duty and responsibility.

Sri Lanka’s handling of accusations, relating to the Mannar mass graves, during the Yahapalana administration, revealed how the Foreign and Defence Ministry neglected their responsibilities. But even after the change of government, in the wake of Gotabaya Rajapaksa’s victory at the 2019 presidential poll, Sri Lanka did nothing to change the strategy.

The Mannar mass grave lie was contradicted by a reputed Miami-based laboratory. It cleared the war-winning Sri Lanka Army of any responsibility for extra-judicial killings there. The independent carbon testing report, from the internationally recognized US laboratory, concluded that the victims likely died up to 615 years ago — predating even the first European colonization of the country by the Portuguese.

Sri Lanka’s Office on Missing Persons (OMP) funded the tests on the remains to determine whether the victims were killed, during the conflict.

But, by then, Geneva has directly blamed Sri Lanka for the Mannar Sathosa ground mass graves. The then Human Rights Commissioner, Michelle Bachelet, audaciously went to the extent of referring to the Mannar mass grave site, in her annual report (section 23), submitted to the UNHRC. The following is the relevant section: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar, following the discovery of a site, in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”

Geneva never expected the US report on Mannar mass graves to go against its strategy. The TNA, too, reacted as expected. The one-time LTTE ally never expected the US report to contradict high profile allegations. Colombo based diplomats, and foreign officials, visited the scene ,as interested parties propagated lies.

On behalf of the TNA, a lawmaker, representing the Vanni region, has called for a fresh testing in another lab in some other country. Our Vavuniya correspondent, Dinasena Ratugamage, quoted Mullaitivu District MP Nirmalanathan Sivamohan as having said: “This is not to say that we do not accept the reports sent by a lab in Florida, US, but given the importance of the Mannar grave site we need to get a second opinion.”

There were many other developments ranging from a spate of WikiLeaks revelations to political decisions that exposed the Western strategy. But, perhaps the irreversible defence of the military was provided by the Tamil community, living in the Northern and Eastern electoral districts, at the 2010 presidential election. The war-winning General Sarath Fonseka, in spite of suffering massive defeat in the hands of Mahinda Rajapaksa, comfortably won all predominately The Tamil speaking electoral districts, in those provinces, despite the TNA and the Tamil Diaspora, having accused him and his Army of committing war crimes. The Tamil community overwhelmingly responded to the TNA’s call to vote for Fonseka, who contested as the common candidate, fielded by the UNP-led alliance that included the JVP.

Unfortunately, Sri Lanka never bothered to officially take up this development to counter propaganda. Even if the TNA asked for the Tamil community to vote for Fonseka, the electorate wouldn’t have overwhelmingly done so unless it was convinced the eradication of the LTTE was a necessity.

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Midweek Review

Emergence of the ‘Singlish’ Gent

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By Lynn Ockersz

Seventy five years into ‘Freedom’,

The smug power elites of the Isle,

Proudly speak a species of language,

Which is neither English nor Sinhalese,

But a bizarre hotchpotch of these,

Which is best called ‘Singlish’,

And it is resorted to freely,

By many of those at the helm of affairs,

Of the hapless Isle now sunk in penury,

But pity we must a country,

Which has lost its language identity,

But is foisting on its people,

Who are heirs to the best of Sinhala and Tamil,

An obscure dialect of the English Language.

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Midweek Review

Downsizing Army

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Colonel Nalin Herath shaking hands with Gen. Shavendra Silva after handing a over copy of ‘STORY OF THE WORLD: Geopolitical Alliances and Rivalries Set in Stone’

in response to economic crisis

At the time Sri Lanka brought the war to a successful conclusion, in May 2009, the war-winning Army had some 5000 more men under arms than its approved cadre. The Army paid strength, in May 2009, had been 205,128 whereas the approved cadre was 200,783. Following the end of the war, the Rajapaksa government quietly began decreasing the troop strength, though the approved cadre remained the same. By the time, State Defence Minister Pramitha Bandara Tennakoon made the announcement on downsizing the Army, the strength was down to 168,000. In other words, the Army strength has been already down by approximately 38,000.

By Shamindra Ferdinando

State Minister Pramitha Bandara Tennakoon could have disclosed a decisive decision taken by the Wickremesinghe-Rajapaksa government to reduce the approved cadre of Sri Lanka Army (SLA) at the launch of ‘STORY OF THE WORLD: Geopolitical Alliances and Rivalries Set in Stone’ authored by Col. Nalin Herath, at Rock House Army camp (Regimental Headquarters of the Armoured Corps), on January 12.

State Minister Tennakoon was the Chief Guest at the event, attended by Defence Secretary Gen. Kamal Gunaratne, Chief of Defence Staff (CDS) Gen. Shavendra Silva, both of the Gajaba Regiment, and several other senior serving, and retired officers.

The author, as an armoured corps officer, has served the 681 Brigade of the 53 Division. He has been the Brigade Major. The 681 Brigade, assigned to the 53 Division, commanded by the then Maj. Gen. Gunaratne, has been credited with the killing of LTTE leader Velupillai Prabhakaran on the banks of the Nanthikadal lagoon, on the morning of May 19, 2009.

The first such book, launched by a serving officer, would have been the ideal setting for the official declaration on the reduction of SLA’s approved cadre.

A press release, pertaining to the proposed reduction of the approved cadre of the SLA, was released by Col. Nalin Herath, on the following day (January 13). Interestingly, the statement was attributed to State Defence Minister Tennakoon, who received the elevated position, on Sept. 08, 2022. The Matale District MP was among 37 government parliamentary group members appointed as State Ministers, as per the understanding between President Wickremesinghe and his principal sponsor, the ruling Sri Lanka Podujana Peramuna (SLPP). Pramitha Bandara is the son of Janaka Banadara Tennakoon, MP, one of the SLFP seniors who had even served the party during the tenure of the late Sirimavo Bandaranaike as the SLFP leader. Incidentally Pramitha’s paternal grandfather, Tikiri Banda Tennakoon, was a founder member of the SLFP, along with its creator, SWRD Bandaranaike. T.B., having swept into Parliament, in 1956, like so many other first timers, with an essentially Sinhala ethos, he continuously retained his Dambulla electorate for five consecutive terms, thanks to his dedication to serve his people.

Perhaps, that high profile decision to trim the armed forces, that were deliberately expanded in the last phase of the then long-running war, from 2006, should have been announced by President Wickremesinghe, who is also the Commander-in-Chief of the Armed Forces, and the Defence Minister, as well. The government owed an explanation whether the Cabinet-of-Ministers approved the far reaching move and when that decision was taken.

Following the perusal of statements, issued in Sinhala and English, there couldn’t be ambiguity regarding what really prompted the decision. Lawmaker Pramitha Tennakoon declared that the decision to reduce the current approved SLA cadre of 200,783 to 135,000, by end of next year, and further reduce that figure to 100,000, by 2030, has been taken after taking into consideration the current state of affairs. Obviously, the State Defence Minister was referring to Sri Lanka’s bankrupt status.

President Wickremesinghe’s decision to review the approved cadre of the SLA should be appreciated, as it was a long felt necessity, as maintaining an army of more than 200.000, under current circumstances, is no small burden for a country of the size of Sri Lanka, especially as it no longer faced any formidable enemy, militarily from within. This assertion shouldn’t be misconstrued as our wholehearted backing for the government decision. Let us hope some sections in the Opposition do not seek political advantage, thereby causing unnecessary friction amidst the continuing economic-political-social turmoil.

President Wickremesinghe indicated his desire to bring down the SLA’s strength, on Nov. 14, 2022. when he presented the 2023 Budget. Wickremesinghe proposed to allow armed forces personnel, other than special categories, to retire after 18 years of service. Wickremesinghe assured that tangible measures would be taken to provide them training, required to engage in productive economic activities.

On behalf of the government, State Minister Tennakoon asserted that a 100,000 strength as the right size for the SLA.

Change of SLA command

Army Chief, Lt. Gen. Vikum Liyanage, in his New Year message to his officers, and men, revealed the intended decrease in SLA’s approved cadre. Gajaba Regiment veteran Liyanage, who succeeded Gen. Shavendra Silva, on July 01, 2022, declared that preliminary measures had been taken in this regard. Army headquarters, in a statement issued on January 02, quoted Lt. Gen. Liyanage has having said the process was meant to streamline the organizational structure, operational deployment and concept of operations. The Army Chief emphasized the responsibility on the part of the SLA to be prepared to face any eventuality this year. Lt. Gen. Liyanage didn’t mince his words when he declared the need to keep their plans on track, regardless of the current crisis, which he described as a turbulent period.

If not for the massive public protest campaign that turned violent, after Temple Trees unleashed SLPP goons on the Galle Face ‘Go Gota Home’ protesters on May 09, morning, Liyanage probably wouldn’t have received an opportunity to command the war-winning SLA. The then President Gotabaya Rajapaksa, himself a Gajaba founder veteran, brought in Liyanage to succeed celebrated ground combat commander Gen. Shavendra Silva. Liyanage received the appointment on June 01. Protesters overran President Rajapaksa’s official residence, in Fort, six weeks later. Wickremesinghe, having been picked as President, by a majority vote in Parliament, has chosen Liyanage to oversee the transformation by granting him a one-year extension.

Otherwise, Liyanage would have retired on Dec. 31, 2022. He received a one-year extension, amidst intense controversy over his successor.

Over a dozen officers would retire by Dec. 31, 2023.

Gen. Shavendra Silva continues to serve as the CDS, a position he held earlier in an Acting Capacity beginning January 01, 2020, while also being the then Army Commander. The celebrated General Officer, Commanding (GoC) the 58 Division (previously Task Force 1) received the SLA command, on August 19, 2019, during the tail end of Maithripala Sirisena’s presidency. Unfortunately, many top officers, who contributed much to that most unlikely victory, over terrorism, were overlooked during the Yahapalana regime that came to power in 2015, thanks to the political betrayal by Maithripala Sirisena.

Proposed gradual but significant reduction of approved SLA cadre, by half, within the next seven years, should be examined, taking into consideration two domestic factors, namely (1) Ranil Wickremesinghe’s election as President to complete the remainder of Gotabaya Rajapaksa’s five-year term, and (2) the worst ever post-independence economic crisis that has compelled utterly disorganized and reckless political party system ways and means to cut down both capital and recurrent expenditure.

Cash-strapped Sri Lanka can save a considerable amount of public funds by halving the SLA size. Retired Maj. Gen. Udaya Perera, Director of Operations, during the crucial period of the Eelam War (2006-2009) asserted: “It is not the numbers that matter, but the deterrence….” The one-time Sri Lanka’s Ambassador to Malaysia, emphasized the responsibility, on the part of the decision-makers, to adopt, what he called, a pragmatic approach.

Contrary to numerous warnings, regarding the possibility of the LTTE launching a hit-and run-campaign, after the combined security forces decimated its conventional fighting capacity, by February-May 2009, the group was no longer in its previous suicide mode, due to the overbearing presence of the SLA. There had been one attempt to regroup and that was mercilessly and swiftly dealt with. Since then, ex-members of the group remained peaceful, though some expressed fears those who had been released after rehabilitation could take up arms again. Wartime Defence Secretary Gotabaya Rajapaksa, having played a pivotal role in the eradication of terrorism. by May 2009, allowed the release of as many as 12,000 ex-LTTE cadres and the gradual decrease of the SLA presence, in the Jaffna peninsula. Accordingly, the SLA gave up both state and private land in the Jaffna peninsula, and other parts of the Vanni and the East, held over the years, to fight the war, to facilitate the return of civilians, in peace time.

Rapid SLA expansion

At the time Eelam War IV erupted, in the second week of August, 2006, with coordinated attacks in the East and across the Muhamalai front line, extending from Kilali, across Eluththumaduwal to Nagarkovil on the Vadamarachchy east coast,

The SLA had approximately 60 regular and volunteer infantry battalions. It, however, lacked the wherewithal to simultaneously conduct offensive operations, defend areas under control and deploy troops to hold newly recaptured areas.

The then President Mahinda Rajapaksa took an unprecedented political decision to rapidly expand the SLA to finish off the LTTE, once and for all. The then Lt. Gen. Sarath Fonseka got what he asked for. Fonseka never hesitated to push the political leadership on the urgent need to expand the SLA. The Army Chief had the backing of the Defence Secretary and the whole process was expedited, overnight.

A recruitment drive got underway, in the last quarter of 2006, as the SLA, at a great cost, thwarted the LTTE offensive on the Northern front, stabilized the situation there, and went on the offensive. A relentless SLA campaign brought the entire Eastern Province, under government control, with the recapture of the last Tiger stronghold, at Toppigala, in July 2007. As the name denotes, it was a rock outcrop, with a clear viewing advantage of the surroundings. But, that wouldn’t have been possible without operations, conducted by the Navy and the Air Force, both in support of ground forces, as well as to weaken the overall conventional capacity of the enemy. But, ironically, that fact was lost on our warwinning military genius, Sarath Fonseka, and, no doubt, a man with a sixth sense, but who ironically felt that all war trophies should go to the Army and him.

We will cite just one example as to why we say he had a sixth sense that helped to win the war. For a long time, we had heard from lower ranking officers that they were often reluctant to call in artillery support as often they themselves got whacked by such ‘friendly’ fire. But after the all-out war broke out, in 2006, and the Army was advancing on several fronts, we suddenly found that Fonseka had taken a rather unusual step of putting a stop to the discretionary power of our artillery and he had placed Special Forces operatives with all field artillery units and they couldn’t fire their big guns till those minders, clearly wearing T-shirts, emblazoned ‘Special Forces’, double checked their ranges. And, miraculously, that ended many a friendly artillery killing our own soldiers. This was something all previous commanders failed to do.

As many as 120,000 men were mobilized as the the SLA raised almost 100 infantry battalions. It would be pertinent to mention that new recruits were required for new fighting formations and also to replenish depleted battalions. The high intensity Vanni battles took a heavy toll on fighting formations. The incumbent Army Commander had served as the Commanding Officer of the 8th battalion of the Gajaba Regiment (Jan. 1, 2006 to June 06, 2006) attached to 56 and 57 Divisions during the Vanni campaign. The 56 Division played a defensive role whereas 57 Division played a critically important offensive role, though it ceased offensive operations, after capturing Kurivilkulam, in the second week of Feb. 2009.

The rapid recruitment, training and deployment of fresh recruits swamped the Vanni with infantry formations. During the last phase of the war, the SLA troop strength doubled, thereby allowing successive commanders after Fonseka, who relinquished command in mid-July 2009, amidst controversy of his decision to enter active politics. Fonseka contested the 2010 January presidential election but suffered a humiliating defeat in the hands of Mahinda Rajapaksa.

Having made an abortive bid to spearhead a party of his own, the war hero, who holds the rank of Field Marshal, has now ended up as an MP, representing the main Opposition Samagi Jana Balavegaya (SJB).

Since the end of the war, there has been a gradual decrease in the security forces’ strength, though the approved cadre remained unchanged.

Unprecedented challenge

In spite of President Wickremesinghe’s declaration Sri Lanka’s commitment to friendly ties with all countries, at regional and global level, his government is ensnared in a deadly US-China conflict against the backdrop of an equally lethal debt trap.

Having declared bankruptcy, in April last year, Sri Lanka is struggling to reach consensus with China and India, two major bilateral creditors whose backing is nothing but a pre-requisite for the finalization of the IMF USD 2.9 bn credit facility, spread over a period of four years. No less a person than President Wickremesinghe, during an informal chat with a group of journalists, representing Upali Newspapers Ltd., on January 06, acknowledged the difficult situation his government is in.

There is still no clear indication when China and India will reach final consensus on this matter, although Sri Lanka and the IMF reached a staff-level agreement, relating to it, on Sept. 01, 2022.

The response of some sections of the international community, to the developing economic crisis here, cannot be discussed without taking into consideration their alignment with the US-led grouping meant to counter, what they perceive, as a growing Chinese threat.

Once Dr. Wijeyadasa Rajapakse, PC, declared that Sri Lanka faced a major security threat as long as the Hambantota Port remained in Chinese hands. The warning was given in the wake of the 2019 Easter Sunday carnage that claimed the lives of 269 men, women and children, including about 40 foreigners, and wounded about double that number. The then UNP lawmaker Wijeyedasa Rajapakse proposed the intervention of Parliament to take back the Hambantota Port, given to China, on a 99-year lease. Ranil Wickremesinghe, the Premier of the Yahapalana government that finalized the Hambantota Port deal, in 2017, is the President now.

Sri Lanka needs to carefully review the situation. Sri Lanka cannot afford to ignore geopolitical interests of individual countries, as well as various groupings, in addition to the Tamil Diaspora factor. The ‘Quad’ (Indo-Pacific Quadrilateral Dialogue) comprising the US, Australia, Japan and India. The grouping wants Sri Lanka, within its orbit, whereas China pursues its own strategy.

There cannot be any other reason than the Tamil Diaspora vote for Canada to recognize Tamil genocide, in May last year, and then imposed sanctions against former Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa recently.

Canada’s treatment of indigenous people has exposed their human rights façade, while Ottawa pursue Sri Lanka over unsubstantiated war crimes allegations.

Unfortunately, successive Sri Lankan governments, including the incumbent Wickremesinghe-Rajapaksa administration, continues to fail the war-winning military.

Sanctions imposed on the Rajapaksa brothers must be examined, keeping in mind Sri Lanka’s pathetic failure to use Lord Naseby’s disclosure, in the House of Lords, in Oct. 2017. to clear the military. Following a lengthy legal battle, Lord Naseby forced the UK to release a section of highly censored confidential wartime dispatches (January 01, 2009- May 2009) from its High Commission in Colombo.

In conversations with this writer, in Colombo, last year, Lord Naseby expressed disappointment over Sri Lanka’s continuous failure to use available evidence, coupled with a very supportive assessment made by wartime US Defence Advisor Colonel Lawrence Smith, in Colombo, over two years, after the war ended, at the inaugural defence seminar, in Colombo. Sri Lanka simply ignored the US Colonel’s declaration that must have been made quite confidently in the presence of senior military representatives of about 40 countries.

Sri Lanka never recognized the growing threat until the US imposed a travel ban on Gen. Shavendra Silva, on Feb. 13, 2020. That was five years after Australia refused a visa to Maj. Gen. Chagie Gallage, also over unsubstantiated war crimes allegations.

Field Marshal Sarath Fonseka, too, has been denied a US visa after Washington quite conveniently forgot backing Fonseka at the 2010 presidential poll and the war-winning Army Chief receiving the backing of the Tamil National Alliance that ensured the General sweeping predominately Tamil speaking districts in the Northern and Eastern Province, at the 2010 presidential poll. But, Canadian sanctions on former President Mahinda Rajapaksa, MP, are the first on a politician, whereas Gotabaya Rajapaksa was targeted over his role as the wartime Defence Secretary.

Parliament needs to ascertain the situation seriously, and take appropriate measures, at least now, to have accountability issues examined properly to pave the way for restoring public faith in the political party system.

Parliament, entrusted with financial responsibility, has achieved what the LTTE, one of the groups established by India, in the ’80s, to terrorize Sri Lanka, failed to do.

Parliament has overseen the ruination of the war-winning country. The declaration of bankruptcy is nothing but an indictment of successive governments. The debt servicing crisis should be studied, keeping in mind Sri Lanka obtained IMF’s bailout packages on 16 previous occasions. The next one depends on the response of Sri Lanka’s creditors, China and India.

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