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

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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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No PC polls this year, says Tilvin

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Tilvin

The much-delayed Provincial Council (PC) elections cannot be held this year due to financial and legal constraints, JVP General Secretary Tilvin Silva has said in Jaffna.Silva said so, fielding questions from journalists after the opening of the NPP coordination office in the Jaffna District on Saturday.

When asked whether the government was under Indian pressure to conduct the Provincial Council elections soon, Silva answered in the negative, claiming that Sri Lankan and Indian governments maintained close and friendly relations with a strong level of understanding.

He said budgetary allocations had been made for the PC elections, but the government had been compelled to divert resources for disaster relief following the impact of Cyclone Ditwah. According to Silva, nearly Rs. 500 billion had to be allocated for relief measures, making it difficult to hold the elections this year. He further said legal complications in the electoral reform process had also contributed to the delay in holding the PC elections, noting that a parliamentary committee had been appointed to determine the electoral systems under which the PC polls should be conducted. Once the committee submitted its report and if no further issues arose, the elections could possibly be held next year, he said.

Silva also said the government had taken measures to strengthen reconciliation and development in the North by releasing lands previously occupied by military camps and improving road infrastructure.He added that empowerment initiatives were being implemented under the Praja Shakthi programme and that both Sri Lanka and India were continuing to work in close cooperation.

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Weather conditions worsen, displacing 31,000 people

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More than 31,000 people across Sri Lanka have been affected by worsening weather conditions, as the southwest monsoon intensifies ahead of its full establishment, raising fears of renewed flooding in vulnerable low-lying areas, the Disaster Management Centre (DMC) has warned.

The DMC has said 31,072 individuals from 7,983 families have already been impacted by persistent rain, strong winds and rising water levels across multiple districts, with the situation most severe in the Gampaha District where 15,313 people from 3,950 families have been affected and one death reported.

Officials have cautioned that the scale of disruption could worsen as the southwest monsoon is expected to fully establish over the island around May 26–27, bringing heavier and more sustained rainfall to the southwestern region.

At present, 18 safety centres are in operation, sheltering 1,724 displaced persons from 446 families. One person has been injured and 859 houses have been partially damaged. Two houses have been destroyed.

The Department of Meteorology has forecast increased rainfall over the coming days, warning that conditions are likely to deteriorate further as monsoon activity strengthens.

Flood-hit areas remain widespread, with river systems still under pressure despite a brief easing in rainfall on Saturday. The Kelani River has returned to normal levels, but minor flooding persists along the Kalu River basin, particularly in the Millakanda area, where tributary water levels remain elevated.

Low-lying areas in Bellapitiya, Horana, continue to be inundated, while traffic on the Bulathsinhala–Kalutara road remains disrupted due to flooding in Diyakaduwa. Authorities have also flagged continued risk in Putupawula and Ellagawa along the Kalu River.

The Attanagalu Oya basin is also slowly receding, though residents in Dunamale have been urged to remain on alert. Several homes in Ja-Ela remain underwater, with residents alleging that delayed repairs to a damaged canal embankment worsened the flooding.

In a fresh blow to infrastructure, the Swarna Hansa Podi Ela bridge in Ja-Ela collapsed on Saturday evening, further disrupting local transport links, while the main Ja-Ela–Gampaha bus route remains submerged in parts of Yakkaduwa.

Meteorologists have warned that rainfall is expected to intensify again from May 26 to 28, when the southwest monsoon is likely to be formally declared over Sri Lanka, raising the risk of further flooding and landslides in already saturated areas.

by Norman Palihawadane and Chaminda Silva

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Dickoya double murder suspect arrested

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Police said a suspect wanted in connection with the murder of an elderly couple inside a shop in Dickoya town, Hatton, had been arrested on Saturday evening (23).

The arrest was made in the Bogawantalawa police area. Acting on a tip-off, the police arrested him while he was hiding in a house on a tea estate.

Police said stolen gold jewellery had been recovered.

Preliminary investigations revealed that the suspect, originally from Badulla, had been residing in Dickoya after his marriage.

Earlier on Saturday, Hatton Police released CCTV footage of the suspect and sought public assistance to trace and arrest him.

According to police, the suspect allegedly slit the throat of the elderly woman and killed her husband using a sharp weapon on Thursday (21) before fleeing with gold jewellery valued at around 18 sovereigns, including a necklace and earrings.

Investigations further revealed that the suspect had arrived in Dickoya town on the morning of May 21 and visited several jewellery shops claiming he intended to purchase a gold necklace, while loitering in the area.

Police said that around 1.15 pm, he entered the couple’s shop and remained concealed inside the premises before allegedly carrying out the attack.

Hatton Police added that the suspect is believed to have committed the murders and left the shop around 5.30 pm the same day before going into hiding.

by Norman Palihawadane

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