Ceylon Today Editorial

De-stabilizer of nations

30 March 2017

The Government of Sri Lanka (GoSL) and particularly the international community -which wants to make the island the guinea pig for their war crimes probe in partnership by force with foreign jurists, should, nonetheless, take note of recent happenings in the island's North, the welfare of which people, the international community led by the West's agent, the UN Human Rights Council (UNHRC), acts as their godfather, as befitting their own set agenda.

This newspaper, in two of its articles published in its Monday's edition, reported about the plight of, in particular of the Tamils in the North, not because of alleged atrocities committed by GoSL and of its agents, such as the Armed Forces and the Police, but, firstly, due to the actions of certain South Indian politicos and secondly, the UNHRC Resolution of October 2015 that calls for international jurists to investigate alleged war crimes vis-à-vis the GoSL-LTTE war and the repercussions of such an international investigation on former LTTE cadres, though, not necessarily in that order.

The lead story on this newspaper's Monday's edition pointed out that a renowned South Indian artiste Rajinikanth who was billed to donate houses built by a philanthropist to the citizens of Jaffna, was however prevented from visiting Sri Lanka for this mission due to the actions of certain South Indian politicos.

The other was an interview with a former LTTE cadre Ganeshalingam Chandralingam alias Thulasi published elsewhere on the pages of this newspaper, which warned that if an international tribunal, as advocated by the UNHRC, to which, foolishly and unthinkingly Colombo endorsed then, is set up, that may well mean the re-trial of 12,000 LTTE cadres already rehabilitated under Sri Lanka's own domestic judicial mechanism, or by its own domestic laws.

On Rajinikanth being blocked from visiting the island by certain South Indian politicos, this newspaper reported that there were protests by Jaffna citizens against this obstruction, i.e. by the very people, whom the international community led by the UNHRC, charges are victims of war crimes allegedly committed by GoSL and its agents.

But these protests were not against the GoSL for committing alleged war crimes against them, they were against those South Indian politicos responsible for blocking Rajinkanth's visit to the island.

Freedom of movement is a democratic right endorsed by the UN. But if this freedom is by anyway threatened or abused, allegedly due to acts of omission and commission committed by certain individuals, then, such acts need to be investigated by the authorities.

Might is not right, but right is might.

Meanwhile, the UNHRC Resolution of October 2015 not only confines itself to investigating alleged war crimes committed by GoSL and of its agents, but also by the LTTE. But, as pointed out by Thulasi, this may entail the reinvestigation of 12,000 former LTTE cadres who have since been released by Colombo, after serving their prison sentences for acts of terrorism.

If the domestic judicial mechanism was good enough to try those 12,000 former LTTE cadres, since released, can this same local mechanism be now considered as being bad enough by the international community so as to conduct their own investigations on GoSL and of its agents for alleged war crimes?

Is that the reason why the UNHRC wants international jurists to investigate such war crimes only?

Nonetheless, this cry against an international judicial investigation on the island's affairs is not coming from a member of the majoritarian Sinhala community whom the UNHRC led by the West despises as being the fountain of all evil, perpetrating crimes against the Tamils, particularly against the Northern Tamils, but this protest comes from a member of the Jaffna or the Northern Tamil community, and not by just a Jaffna Tamil or a Tamil from the North per se, but by a former LTTE cadre himself, in the name and form of Thulasi.

The UNHRC led by the West cannot limit its so called international judicial mechanism to try only GoSL and its agents, but as pointed out by Thulasi, it may also have to drag and reopen the cases of those 12,000 former LTTE cadres (whether they be from Jaffna or elsewhere from the North or for that matter from the East is not the question) as well, on the premise that all are equal before the law.

One cannot have a set of international laws covering only GoSL and its agents, while at the same time exonerating those 12,000 former LTTE cadres already cleared by the domestic laws of the country?

Not only must justice be done, it must also be seen to be done.

UNHRC led by the West, at least in the Sri Lankan context, is not just a bull in a china shop, but is also a de-stabilizer of a democratic country.

Daily News Editorial

Vasu’s gambit

30 March 2017

Firebrand Joint Opposition MP Vasudeva Nanayakkara has called on the government to instruct the courts to release his colleague Wimal Weerawansa, now on a hunger strike. Nanayakkara says the MP has not been found guilty but only taken into custody merely on suspicion. His detention therefore was unlawful, the JO stalwart asserts.

Nanayakkara is well aware that Weerawansa was placed in remand following his indictment by court and that his revision application for bail too was rejected by the High Court which held with the Magistrate that that the offence was unbailable. This clearly shatters Nanayakkara’s argument that the MP was being held merely on suspicion. Weerawansa was taken into custody following due process. The complaint against him that he misappropriated state vehicles incurring a loss of Rs. 90 million to the government was gone into by the law enforcement and he was subsequently arrested based on hard evidence that transpired in the investigation. Courts don’t throw people into jail merely based on suspicion but after hearing arguments of both, the prosecution and the defence, and considering corroborative evidence. To suggest, then, that the MP was being held based only on suspicion is indeed a dubious claim made by Nanayakkara who is a senior attorney- at- law.

As a lawyer, the MP is clearly aware that the government cannot instruct the court to release those held in custody. Nanayakkara may well be entertaining the thought that this indeed could be done by the President, going by the precedent set by former President Mahinda Rajapaksa releasing the wife of one his ministers, who was in death row for the murder of hubby’s mistress, or on the basis of a presidential pardon granted by another President to a convicted rapist. But it is difficult to imagine that such precedents will be followed by a government which claims to be wedded to Yahapalanaya. The President had demonstrated his bona fides in this regard when he went public to claim how a deposed Chief Justice had pledged to deliver verdicts in favour of the government, if that was what it wants, in turn for his retention in office. Hence it could be reasonably assumed that the government will not interfere in the functions of the judiciary.

By urging the government to request the court to release Weerawansa, and faulting the courts for holding the MP on mere suspicion, Nanayakkara also has scored an own goal of sorts. The MP’s contention, no doubt, would be received with glee by those clamouring for a hybrid court with foreign judges. The MP has sent a clear message that the Lankan courts is flawed and justice could not be expected from our judicial system. The MP also makes the case that Weerawansa was not conducting the hunger strike to get himself released from remand custody but to protest against the burning issues in the country, such as the sale of state assets to foreigners, rising cost of living and indirect taxes.

If that indeed is the case it certainly is an extreme action. We thought that there are enough protests being carried out, highlighting these very issues, and more, by mobs supportive of the Rajapaksas. Does Weerawansa believe that, by offering his life, the cost of living would come down, or, there will be a moratorium on the sale of state assets to foreigners, or, the indirect taxes imposed on the public would cease? It is this selfsame Weerawansa who staged a death fast opposite the UN compound in Colombo for something as fantastic as getting then UN Secretary General Ban-ki-Moon to drop charges against Sri Lanka. Not just the MP, but all government institutions were ordered by Mahinda Rajapaksa to protest against Moon and May Day in 2012 was converted to one mass anti-Moon protest, for all the effect it had on the UN. The NFF leader’s concerns, on behalf of the suffering public, should indeed be appreciated. But it would have been much more endearing if he thought about the public when he caused a loss of Rs. 90 million of tax payers’ money, if indeed the allegations against him are true. Nanayakkara has also made another pitch to justify the release of Wimal Weerawansa from remand prison. He claims that the MP’s daughter had fallen sick following her father’s prolonged stay in remand and gives this as a reason for securing his release.

Nanayakkara, as a lawyer, may have defended countless suspects from the other side of the dock and, while, he may have been successful on some occasions he would not have been able to secure an acquittal at other instances. We have never heard, though, of Nanayakkara the lawyer pleading for the release of his convicted clients, based on the trauma undergone by their children. It is hoped that the reasons adduced by the MP to secure the release of his colleague will not open the floodgates, as also with the MP, now on hunger strike.

The Island Editorial

When cops play games

30th March 2017

Many an eyebrow has been raised by Chairman of the presidential commission of inquiry probing bond scams, Justice K. T. Chithrasiri’s statement on Monday that his request for more police personnel had gone unheeded. He revealed that IGP Pujith Jayasundara had not even acknowledged receipt of his letter. This is a very sad state of affairs.

Even if an ordinary ruling party MP attends a culvert opening ceremony police personnel in sufficient numbers are deployed to protect him and other self-important persons. Not even a religious or cultural event such as a perahera is complete without a heavy police presence. It is intriguing why police have chosen to ignore a request from the head of a presidential probe. They wouldn’t have done so unless they had been confident that someone would leap to their defence if they got into trouble over noncompliance. One can't but wonder whether this is part of a conspiracy by those opposed to the bond scam probe to throw a monkey wrench in the works.

One may argue that there is no need for any more probes into the bond scams and the culprits have to be arrested, remanded and arraigned on criminal charges without further delay. The Employees’ Provident Fund (EPF) alone has suffered a staggering loss of Rs. 10 billion due to the bond scams, according to a report submitted by a probe committee appointed by the Monetary Board of the Central Bank of Sri Lanka. The government is lucky that Rathu Sahodarayas and other trade unionists are colluding with the UNP. Otherwise, workers would have taken to the streets by now, demanding that the loss suffered by their superannuation fund be recovered and those who abused their savings be arrested.

Opposition politicians who are alleged to have abused public property are made to languish in remand prisons while investigations are being conducted. But, nobody has been arrested over the biggest ever financial fraud in this country. How would the CID and the Financial Crimes Investigation Division (FCID) have reacted if any Opposition MP or his lackeys had been involved in the bond scams? All the suspects would have been arrested, produced in courts and bussed all the way to remand prisons; their bail applications would have been rejected.

One should not be so naïve as to expect those responsible for the bond scams and their political masters to be brought to justice. The UNP will go to any extent to open an escape route for the cornered racketeers. For, they are likely to spill the beans if they are left in the lurch. All chances of the UNP winning elections in the foreseeable future will be ruined in such an eventuality. However, the on-going presidential probe is welcome in that vital information about the bond scams is now available to the public, who can make informed decisions when they exercise their franchise at future elections.

The onus is on President Maithripala Sirisena to ensure that the commission he appointed to probe the bond scams have all necessary facilities to carry out its task. Let it be provided with any number of police personnel it requires on a priority basis. An explanation is called for as to why the IGP has not acknowledged receipt of Justice Chithrasiri's official letter. Noncompliance on the part of police, at issue, is tantamount to an affront to the President.