News
UK rejects Lanka’s request for handing over of Gash dispatches to Geneva
… blames Defence Advisor for not verifying info, contradicts its own position
By Shamindra Ferdinando
The UK has rejected Sri Lanka’s request for the disclosure of wartime dispatches from its High Commission in Colombo.
Authoritative sources told The Island that the request was made during the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC).
The month long Geneva sessions ended on March 23, with the 47-member council adopting a fresh accountability resolution with 22 countries voting for, 11 against and 14 abstaining.
Sources said the UNHRC member and the leader of Sri Lanka Core Group the UK informed the government of its decision soon after the conclusion of the sessions. The request has been made in the second week of March. “We strongly believe those dispatches from the then British Defence Advisor Lt. Col. Anthony Gash can facilitate Geneva investigations. However, the British, despite repeatedly assuring us of longstanding friendship denied information in their possession,” a government source familiar with accountability matters, said.
After Gash’s departure, the UK discontinued having a resident Defence Advisor in Colombo. Instead, New Delhi-based Defence Advisor looked after matters pertaining to Sri Lanka for nearly a decade. However, in January 2019, the UK re-appointed Colonel David Ashman as their resident Defence Advisor in Colombo.
Sri Lanka requested the UK to handover Gash dispatches to the UNHRC in the wake of the proposal to set up a special unit to ‘collect, consolidate, analyze and preserve information and evidence’ in respect of Sri Lanka. The unit is also meant for the development of required strategies to deal with the country in case of gross violations of human rights or serious violations of international humanitarian law.
Sources pointed out that despite Lord Naseby’s disclosure of a section of the Gash reports in Oct 2017, Sri Lanka refrained from requesting examination of the dispatches till March 2021.
Responding to Sri Lanka’s request for the full disclosure of dispatches, the UK much to the surprise of the government played down the importance of Gash reports that dealt with the situation on the Vanni front between January1-May 18, 2009. The UK faulted Gash for not obtaining independent confirmation of reports he had sent to the Foreign and Commonwealth Office (FCO). Sources said that the contrary to the position taken by the FCO when Lord Naseby moved the UK information Commission to get hold of dispatches in 2015, the government asserted that such a disclosure would impede their relations with Sri Lanka. However, when Sri Lanka made the request, the UK asserted that Gash reports couldn’t be taken seriously as he merely reported irregular information obtained from various parties at different times, sources said.
The US has dismissed Gash reports on the basis they hadn’t been based on properly examined evidence and information.
Gash countered the primary UN allegation (Panel of Experts’ report issued in March that the Sri Lankan military massacred 40,000 civilians. Gash estimated the number of deaths at 7,000 to 8,000. His assessment largely tallied with confidential UN survey (Aug 2008-May 13, 2009) that placed the number of dead at 7,721.
The UK has told Sri Lanka that it would abide by UN reports, including POE report and the 2015 OHCHR Investigation on Sri Lanka (OISL) which faulted Sri Lankan military of causing deaths of tens of thousands by carrying widespread large-scale attacks.
The UK has reminded Sri Lanka of OISL blaming the country for gross violations of international human rights law, serious violations of international law, and international crimes were committed by the government and the LTTE.
Sources said that the UK had taken contradictory positions as regards Gash dispatches at the hearings at the UK Information Commission and when Sri Lanka requested for the full disclosure of relevant dispatches. Sources said that if the UK wasn’t pursuing an agenda inimical to Sri Lanka, dispatches from Colombo would have been released. The UK owed an explanation whether those dispatches weren’t made available to POE and OISL also on the grounds they weren’t credible.
The Island sought former Constitutional Council member and attorney-at-law Javid Yusuf’s opinion on the Geneva move to set up a new inquiry at a cost of USD 2.8 mn to gather accountability info, evidence pertaining to Sri Lanka. On behalf of GoSL, Prof. GLP (at a recent media briefing) asked whether the UK would hand over what he called suppressed Gash dispatches to the new inquiry. GoSL stand for examination of all available evidence received SJB backing (Dr Harsha de Silva). My query: Do you think UK should submit all available evidence in its possession to Geneva inquiry?
Yusuf said: “It goes without saying that if justice is to be done all available evidence must be placed before the inquiring authority so that all the available evidence is evaluated and a fair and just determination is made.
The unit that is being set up by the Office of the High Commissioner for Human Rights seems to be more in the nature of collecting evidence for future use and therefore whatever evidence is available with the UK should most certainly be submitted to the new unit.
“However from the perspective of Sri Lanka’s National Interest it is best that since there are continuous allegations being made in relation to the conduct of the end of the conflict, an independent and credible inquiry acceptable to all stakeholders be initiated by the Sri Lankan state and concluded. Only then will there be closure in respect of the matter. This will be fair by those who have been victims as well those against whom allegations have been made. Unless satisfactory closure is achieved the victims will feel that justice has been denied to them and the members of the armed forces will have the allegations hanging over them like a sword of Damocles.”
Latest News
Sun directly overhead Kokkuvil, Nallur, Kodikamam and Nagar Kovil at about 12.11 noon today (28)
The sun is going to be directly over the latitudes of Sri Lanka during 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (28) are Kokkuvil, Nallur, Kodikamam and Nagar Kovil about 12.11 noon.
News
Eight politicians in drug kingpin probe
Police to arrest and question four former ministers, others over links to Basik
By Norman Palihawadane
Police are investigating alleged links between suspected major drug trafficker Shiran Basik and a number of prominent politicians, with eight of them due to be arrested and questioned as investigators widen their probe into his financial dealings and network of associates, police headquarters, according to a senior police officer.
Among those set to face questioning include a sitting MP, four former ministers, and at least one of them is a female. Police are also investigating allegations that Basik provided large sums of money to politicians during election campaigns and extended other financial and material benefits to political figures.
Investigators are also looking into claims that two politicians were provided with facilities to construct houses and hotels, while efforts are under way to establish the extent of political support and assistance allegedly provided to Basik.
The Colombo Central Crime Investigation Bureau (CCIB) is expected to question the politicians based on information reportedly disclosed by Basik during interrogation. Two electoral organisers are also expected to be taken into custody as part of the ongoing investigation, according to police sources.
Meanwhile, statements are being recorded from managers and employees of several businesses allegedly linked to Basik, while investigators continue to examine information and records recovered from his mobile phone.
Basik, 48, was brought back to Sri Lanka on August 14 after being arrested in Dubai and deported. He was taken into custody by officers of the Criminal Investigation Department’s Airport Unit at Bandaranaike International Airport and subsequently handed over to the CCIB for further investigation.
Police initially obtained a 72-hour detention order to question Basik before securing approval to detain him for 90 days.
Basik, a resident of Dehiwala, is facing investigations over alleged large-scale drug trafficking as well as firearms, and unlawful assembly of weapons-related offences. Police are also examining whether he had any involvement in recent prison-related incidents and have said information has emerged linking him to the 2012 Welikada Prison riot.
The investigation has also expanded to Basik’s alleged assets and business interests in Sri Lanka and overseas.
Police have said information uncovered during questioning indicates that Basik had claimed ownership of five hotels along Colombo’s Marine Drive. Investigators have also identified two houses and two mobile phone shops in Boralesgamuwa allegedly linked to him.
A court has ordered a comprehensive examination of bank accounts linked to Basik, with the Financial Intelligence Unit of the Central Bank of Sri Lanka to conduct a review of his financial accounts. A separate investigation into his wealth and properties is being conducted by the Illegal Assets Investigation Division.
Investigators are also examining claims that Basik owns properties, including hotels and vehicles, in several European countries, as well as a high-value vehicle in Dubai. These claims remain subject to further investigation.
Basik had left Sri Lanka for Dubai in 2018, where police said he lived a lavish lifestyle while operating businesses. He was arrested by UAE authorities before being deported to Sri Lanka.
During initial questioning, Basik told investigators that Dubai police had stopped and searched him at a shopping mall and examined his mobile phone. He claimed that footage relating to Iranian missile and drone attacks was found on the device and that he was subsequently questioned over alleged links to Iran.
Police are continuing to examine the circumstances surrounding his arrest and deportation, as well as the information contained in his mobile phone and other evidence gathered during the investigation.
The ongoing probe is being conducted under the supervision of Senior DIG Ranmal Kodituwakku and SSP Kamal Ariyawansa.The allegations against Basik and the politicians named in connection with the investigation have not been established in court, and the investigations remain ongoing.
News
CJ first SC judge to benefit from 22A, if enacted: BASL
The Bar Association of Sri Lanka (BASL) has opposed the proposed “Twenty-Second Amendment to the Constitution”, saying it raises serious concerns over judicial independence and the rights and interests of the public.
In a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the association said it had challenged the constitutionality of the proposed amendment before the Supreme Court.
The BASL noted that the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment if it becomes law. It also referred to widespread speculation that the amendment was being expedited to facilitate an extension of the incumbent Chief Justice’s tenure, which is due to end on December 1, 2026.
Full text of the statement:
“The Bar Association of Sri Lanka (BASL) has taken a principled position opposing the Bill titled the “Twenty-Second Amendment to the Constitution” on the basis that it raises serious concerns regarding the independence of the Judiciary and the rights and interests of the people. Accordingly, the BASL has challenged the constitutionality of the proposed amendment before the Supreme Court.
“It is observed that it will be the Honourable Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law.
There is widespread belief that this amendment is being rushed to facilitate the extension of the tenure of the Honourable Chief Justice which would otherwise complete on 1st December 2026. In this backdrop, in the recent past, we have witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary including the incumbent Chief Justice.
“During this period, the BASL has also been subjected to unfounded attacks on social media and other platforms.
“The Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism. Where credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.
“At the same time, everyone must exercise responsibility when making allegations concerning individual judges, lawyers and others. Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice
“Judicial independence is not intended to shield any individual from legitimate scrutiny or accountability. It is a safeguard for the people, ensuring that disputes are determined impartially and that individual rights, the Rule of Law and the constitutional order are protected.
“The BASL therefore calls upon all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.”
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