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Universal jurisdiction: Manohara asks whether US visa refusal aimed at Gotabaya’s arrest

Published

4 years ago

2022/07/18

By Shamindra Ferdinando

Manohara de Silva, PC, says the rejection by the US of a visa application by Gotabaya Rajapaksa towards the tail end of the latter’s presidential term may allow Western powers to arrest him in terms of the Geneva Resolution.

The President’s Counsel emphasised that the Geneva Resolution authorised universal jurisdiction by accepting the report of the UN High Commissioner for Human Rights on Sri Lanka. The High Commissioner conducted that investigation, in terms of the Geneva Resolution (A/HRC/25/1), adopted in Match 2014.

Sri Lanka co-sponsored Geneva Resolution on Oct 01, 2015, brought in by the US. The UNHRC consists of 47 countries, divided into five zones.Responding to The Island queries, de Silva said the possibility of Western powers moving against the wartime Defence Secretary couldn’t be ruled out, especially against the backdrop of declaration in the House of Commons that the ex-President should be arrested.

Sir Ed Davey, leader of the Liberal Democrats, last week told the House of Commons that an international arrest warrant should be issued in respect of Gotabaya Rajapaksa and his cronies.Scottish National Party MP Alyn Smith told the House of Commons that though the President had fled Sri Lanka, he couldn’t flee accountability. Smith asked the UK Minister for Asia and the Middle East, Amanda Milling, whether she agreed that the President, and those officials who had been complicit in acts of humanitarian abuses, would and must be held accountable, and would the UK contribute to those international efforts?”

Sri Lanka brought the war to a successful conclusion on the banks of the Nanthikadal lagoon on the morning of 19 May 2009.De Silva, who was a member of the expert team that prepared a new draft Constitution, said the US might have one if its allies carry out the arrest. President Rajapaksa left the country in an SLAF plane for the Maldives, less than 24 hours after protesters overran the President’s House, and from there flew to Singapore, from where he sent his letter of resignation, through the Sri Lankan mission in Singapore.

Rajapaksa relinquished his US citizenship ahead of the last presidential election, in Nov 2019. The 19th Amendment to the Constitution barred foreign passport holders from contesting either presidential or parliamentary polls.

India also categorically denied having any role in facilitating the departure, or travel, of former President Gotabaya Rajapaksa from Sri Lanka.De Silva said that whatever the political differences, the vast majority of people certainly didn’t want the West to prosecute political leaders, and the military, under any circumstances.

Responding to another query, the top lawyer said that actually political parties represented in Parliament and other stakeholders should explain their stand on the contentious issue at hand.Since Sri Lanka co-sponsored the Geneva Resolution, eight years ago, the US and Australia denied visas to several top officers, both serving and retired. Among them were Field Marshal Sarath Fonseka (US/retired), Maj. Gen. Udaya Perera (US/retired) and Maj. Gen. Chagie Gallage (Australia/serving). The US also blacklisted General Shavendra Silva in Feb 2020.

De Silva said that Sri Lanka should, at least now, rethink its response to the Geneva threat. Those who had been in political authority, particularly since Nov 2019 till 09 July 2022, should be ashamed that Lord Naseby’s disclosures, pertaining to unsubstantiated war crimes accusations, were never properly used to counter lies propagated by interested parties, de Silva added.

SLPP lawmaker Rear Admiral Sarath Weerasekera said that the government should address the issue without delay. Western powers could exploit the ex-President predicament to humiliate Sri Lanka, experiencing a severe financial-political-social crisis, the former Public Security Minister told The Island.

The Colombo District MP said that the previous leadership neglected the accountability issue. The government’s failure to do so has now created an environment conducive for interested parties to go after top political and military leaders, Weerasekera said. Parliament, too, should look into this matter, the MP said, adding that current political imbroglio was not an excuse for abandoning the President.

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PM on inspection tour of newly renovated Colombo Central Bus Stand

Published

20 hours ago

2026/04/10

Priyan

The Colombo Central Bus Stand, which has a history of over six decades and had remained without a proper maintenance for many years, has now been renovated under the current government’s development programme and vested to the public. Following that, the Prime Minister undertook an inspection tour of the newly renovated Colombo Central Bus Stand.

Originally constructed in 1964, the bus stand was refurbished with modern facilities to meet current needs and was officially reopened to the public on April 8. The primary objective of this initiative is to provide passengers with a higher-quality and more comfortable transportation service.

During the renovation process, special attention has been given to the comfort and safety of women, which was commended by the Prime Minister. In particular, a modern rest area designed to ensure privacy for nursing mothers travelling from distant areas received special praise.

The Prime Minister also reviewed the newly introduced passenger seat reservation system and information services established to assist commuters. In addition, the modern surveillance unit and other security measures installed within the premises to ensure passenger safety were also inspected.

During the visit, the Prime Minister engaged in conversations with passengers at the bus stand and inquired about their views on the newly renovated facilities and the quality of transport services.

It was emphasized that the government’s objective is to transform public transportation into a safe, technologically advanced service that can be used with convenience by all citizens.

(Prime Minister’s Media Division)

Latest News

Sun directly overhead Nagawilluwa, Galgamuwa, Sigiriya, Palugasdamana and Mankerni about 12:11 noon today (10)

Published

21 hours ago

2026/04/10

Priyan

On the apparent northward relative motion of the sun, it is going to be directly over the latitudes of Sri Lanka from the 05th to 15th of April in this year.

The nearest areas of Sri Lanka over which the sun is overhead today (10th) are Nagawilluwa, Galgamuwa, Sigiriya, Palugasdamana and Mankerni about 12:11 noon.

News

Opposition tells Minister Kumara Jayakody to resign

Published

22 hours ago

2026/04/10

Thilina Walpola

Prof. Peiris

No-faith motion to be taken up today

Former Foreign Minister Prof. G. L. Peiris yesterday (9) said that President Anura Kumara Dissanayake should remove Energy Minister Kumara Jayakody unless the minister stepped down on his own.Prof. Peiris, addressing a press conference called by the Opposition, said that Jayakody couldn’t under any circumstance continue to serve as a minister after the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) moved the Colombo High Court against the government member over a previous financial scandal.

Pointing out that Minister Jayakody had been indicted of a corrupt deal struck during the yahapalana regime, Prof. Peiris said it was wrong for the NPP to retain him as a minister, claiming that the offence was not committed during his tenure as a Cabinet minister in the current government.

Prof. Peiris and several other Opposition members dealt with the No-Confidence Motion (NCM) against Jayakody that would be taken up today (10) with the academic calling the vote an acid test for the NPP. Having campaigned on an anti-corruption platform at presidential and parliamentary polls, the NPP couldn’t protect Jayakody though he was widely believed to be close to President Dissanayake.

As the Manager of the Procurement and Import Division of the Ceylon Fertilizer Company, Jayakody is alleged to have committed the offence of corruption, according to CIABOC.

Jayakody has been accused of causing a loss of Rs. 8,859,708 to the State by influencing and exploiting the procurement process.

Following the serving of indictments on 27 March, the judge ordered Jayakody’s release on two personal bail bonds of Rs. 1 million each. The court directed that the defendant’s fingerprints be obtained and a formal report be submitted. The case has been scheduled for a pre-trial conference on 6 May.

Prof. Peiris stressed that the CIABOC action against Jayakody is central to the NCM primarily moved over the irregularities ridden coal procurement process launched in 2025 that caused severe disruption to the power generation. Responding to The Island query after the media briefing, Prof Peiris expressed surprise that the JVP/NPP accommodated a person under investigation by the CIABOC. Having taken an utterly irresponsible decision, the JVP/NPP were now playing down the developing issue, prof. Peiris said.

The entire government parliamentary group faced the prospect of having its image tarnished by defending Jayakody, the former lawmaker said.

Prof. Peiris said that they intended to build a campaign around the issues involving the energy minister to expose the government. With yet another electricity tariff hike in the offing due to the growing demand for thermal generation as a result of coal-fired Lakvijaya power plant’s failure to meet the requirement[RA1] , the energy minister and ministry’s performances have to be examined, Prof. Peiris said.The timely release of the Auditor General’s report on controversial coal procurement should compel the government to decide on the energy minister’s fate or be prepared to face the fallout.

By Shamindra Ferdinando