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UNHRC resolution, step towards justice for Tamils; decisive action beyond the Council still necessary – PEARL

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The People for Equality and Relief in Lanka (PEARL) yesterday said that decisive international action is the only way to achieve justice and a sustainable peace in Sri Lanka. PEARL said so in the wake of Geneva-based UNHRC adopting resolution against Sri Lanka with 22 members voting for, 11 against and 14, including India skipping the vote:

PEARL said that on March 23, the UN Human Rights Council had passed an important resolution rejecting Sri Lanka’s narrative of reconciliation and progress.

“The resolution mandates the UN Office of the High Commissioner for Human Rights to collect and preserve evidence of serious violations of international law that occurred in Sri Lanka and report on opportunities for accountability for these crimes. Though the resolution falls short of the robust demands made by Tamil civil society, this is a positive step that has the potential to lead to an international accountability mechanism, which Tamils have long demanded. We welcome the Core Group’s leadership and their engagement with Tamil groups throughout the process,” PEARL said.

The organization said that the limitations of the Human Rights Council have once again become apparent. PEARL said that the Council is limited, by its scope and its inherently political nature, to act decisively, particularly when dealing with intransigent states.

” As a result, the resolution falls short of the joint demands made by Tamil political parties and civil society groups. Many victim-survivors will be disappointed that the resolution didn’t go further, and did not reflect the strong call for action set out in the High Commissioner’s report, which encouraged the Council members to seek alternative avenues for justice such as through universal jurisdiction or the International Criminal Court (ICC). It is crucial for long-term stability in the region that the international community, particularly those in support of a rules-based order, heed the calls of the High Commissioner to “listen to the determined, courageous, persistent calls of victims and their families for justice”.

The organization said that the lessons must be learned from the international community’s failure to leverage their often positive engagement with Sri Lanka to push for progress on accountability, particularly in the period between 2015 and 2019. Tamils have consistently maintained that a credible domestic accountability process is inconceivable and that the government’s actions since 2009 continue to prove them right.

“Sri Lanka’s disingenuous accountability and reconciliation efforts are directly linked to the Sinhala-Buddhist supremacy it upholds. Attempting to address the need for accountability without considering the ethnocratic nature of the state makes such efforts doomed for failure. While PEARL believes this resolution is a step towards justice and accountability, decisive action beyond the Council must be pursued by member states. As highlighted in the High Commissioner’s report, member states should utilize the full breadth of tools and sanctions under international law to support justice and accountability for Sri Lanka. PEARL continues to encourage countries to pursue accountability for Sri Lanka’s mass atrocities in venues such as the International Court of Justice, the ICC, or through the establishment of a special ad hoc tribunal. PEARL also encourages countries to leverage the evidence gathered through the OHCHR to work with Tamil victim-survivor communities to initiate investigations and prosecutions in countries’ own domestic courts. Sri Lanka’s response today, consistent with its actions over the years, shows that decisive international action is the only way to achieve justice and a sustainable peace on the island.”



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Creditor receives USD 2.5 mn as Lankan public bears loss from theft of Treasury funds

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Amidst ongoing accusations that the theft of USD 2.5 mn (nearly 1 bn Rupees) from the Treasury hadn’t been properly investigated, The Island learns that the relevant payments had been made to the actual creditor on the instructions of the Finance Ministry.

Confirming the inquiries made by us, authoritative sources said that payments had been made to several accounts through the US banks. Earlier, Sri Lanka released funds to fake foreign accounts in spite of warnings regarding the suspicions about the process.

The funds were part of a bilateral debt repayment to Australia with a settlement due in September 2025. The payment was part of a $ 22.9 million debt settlement.

The lapses occurred in the wake of far reaching changes regarding the debt management functions. In terms of a particular condition of the International Monetary Fund (IMF), Sri Lanka’s debt management functions that had been previously handled by the Central Bank were transferred to a new institution established under the General Treasury—the Public Debt Management Office (PDMO).

Sources said that regardless of the loss of USD 2.5 mn, Sri Lanka couldn’t have defaulted and therefore payments had been made.

Sources who closely followed the issue said that the government owed an explanation and public apology regarding the loss of USD 2.5 mn and how fresh payments were made.

Sources said that the USD 2.5 mn paid to fake accounts had been lost and could never be traced. CoPF Chairman Dr. Harsha de Silva has said that the NPP government has told the IMF that stolen USD 2.5 mn would be recovered from the public by introducing an amendment to the budget.

By Shamindra Ferdinando

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Former Minister Nalin raises defence of double jeopardy

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Nalin Fernando

The Court of Appeal  yesterday (18) postponed until June 25 the hearing of a petition filed by former Minister Nalin Fernando seeking the dismissal of an indictment brought against him by the Attorney General in connection with the controversial ‘Carrom Boards’ case.

The petition was taken up before a bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi.

Appearing for the petitioner, President’s Counsel Ali Sabry, instructed by Attorney-at-Law Ramzi Bacha, informed court that Fernando had already been convicted and sentenced to 30 years rigorous imprisonment in a case instituted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arising from the same incident.

Counsel argued that the Attorney General had subsequently filed a separate case based on the same set of charges and maintained that subjecting an accused person to a second prosecution for the same offence was contrary to law.

He submitted that preliminary objections on the issue had been raised before the Colombo High Court but were dismissed by the trial judge.

The petitioner has therefore sought a declaration from the Court of Appeal that the indictment filed by the Attorney General is unlawful and requested that the charges be set aside.

The court directed that the matter be called again on June 25, when the Attorney General is expected to present submissions on the petition.

The case stems from allegations that during the 2015 presidential election campaign, 14,000 carrom boards and 11,000 checkers boards were imported and distributed through Lanka Sathosa outlets for allocation to political offices of former President Mahinda Rajapaksa, resulting in an estimated loss of Rs. 39 million to the State.

Based on those allegations, the Attorney General has instituted proceedings against Fernando before the Colombo High Court under the Public Property Act.

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UNP asks whether govt. obtained findings of FBI probe into 2019 Easter Sunday carnage

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The UNP yesterday called on the government to clarify whether it had sought access to evidence and documents gathered during a United States investigation into the 2019 Easter Sunday terrorist attacks.

In a statement, the UNP has recalled that then Prime Minister Ranil Wickremesinghe requested the U.S. government to conduct a comprehensive investigation into the attacks immediately after they occurred, citing limitations in local investigative capacity. A similar request was also made during a telephone conversation with then U.S. President Donald Trump on April 22, 2019, the statement said.

According to the UNP, the Federal Bureau of Investigation (FBI) subsequently carried out an extensive investigation in collaboration with Sri Lankan agencies, including the Criminal Investigation Department (CID), Military Intelligence and the State Intelligence Service. The findings were later submitted to the Sri Lankan authorities and accepted by the relevant institutions.

The party noted that FBI Special Agent Merrilee R. Godwin had filed a 71-page affidavit before the U.S. District Court for the Central District of California in November 2020 following a two-year investigation. A criminal case was later instituted in Los Angeles naming suspects who had already been taken into custody in Sri Lanka.

Pointing out that material collected during the U.S. investigation remains in the possession of the FBI and the U.S. Department of Justice, the UNP has asked the government whether it formally requested access to those records after reopening investigations into the attacks.

The UNP has stressed the importance of making the documents available to Sri Lankan judicial authorities, arguing that they could assist efforts to establish the full circumstances surrounding the Easter Sunday attacks.

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