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Foreign Secretary sounds ‘consensual resolution’ as pressure mounts in Geneva

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by Shamindra Ferdinando

Foreign Secretary Admiral Prof. Jayanath Colombage on Monday (25) night revealed that the government was having discussions with the UK-led Sri Lanka Core Group in a bid to explore the possibility of reaching a consensus on what he described as a ‘consensual resolution’ ahead of the 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC) scheduled for Feb-March this year.

Admiral Colombage acknowledged that an agreement on a consensual resolution was a politically challenging task. FS Colombage said so in conversation with Faraz Shauketaly on ‘News Line’ on TV 1.

Asked whether the government was under pressure to co-sponsor the new resolution or face a vote in case Sri Lanka rejected the UK-led move, the naval veteran said there was dialogue between the two parties in this regard. Talks have to be concluded today (27)

Prof. Colombage ruled out the possibility of Sri Lanka co-sponsoring the new resolution. The top Foreign Ministry official also dismissed the interviewer’s assertion the government was under pressure to accept the new resolution.

Admiral Colombage said they were also studying some suggestions made by the Core Group.

Asked whether the government would try to convince the Tamil National Alliance (TNA) led political grouping that had demanded an international war crimes investigation in addition to a range of punitive measures to reverse its decision, FS Colombage emphasized that Sri Lanka waged war against an internationally proscribed terrorist group.

The interviewer sought the Foreign Secretary’s assertion of retired justice C.V. Wigneswaran, MP, who signed Jan. 15 dated petition, in his capacity as the leader of Tamil Makkal Thesiya Kutani (TMTK). Altogether, 13 lawmakers represented the three political parties that called for external intervention.

Declaring that serious war crimes hadn’t been committed during the war, FS Colombage questioned the motives of those continuing to harp on unsubstantiated war crimes allegations. Referring to the failure on the part of the Northern Provincial Council to spend the funds allocated for the benefit of the public, FS Colombage asked whether an agenda detrimental to post-war national reconciliation was being pursued.

In the wake of Sri Lanka quitting in Feb 2020 Geneva Resolution co-sponsored by the previous government against one’s own country in Oct 2015, Geneva has warned Sri Lanka of serious consequences. In addition to freezing assets and travel bans slapped on those who had been ‘credibly accused of human rights violations,’ Geneva recommended the launch of criminal proceedings at the International Criminal Court and an international mechanism to gather evidence.

Referring to the US travel ban imposed on Army Commander Gen. Shavendra Silva in Feb 2020, the interviewer sought the Foreign Secretary’s opinion on the Geneva report. Refuting allegations, Admiral Colombage alleged serious shortcomings, including factual errors.

Asked whether the recent appointment of a three-member Commission of Inquiry (CoI) chaired by Supreme Court Judge Nawaz to examine previous CoI reports et al wasn’t too late as well as insufficient just ahead of the 46th sessions, Admiral Colombage explained how eruption of first Covid-19 wave that resulted in the postponement of general elections scheduled for April 2020 caused serious setback to government efforts.

Commenting on simmering controversy over the Sri Lanka-India agreement on the East Container Terminal (ECT) at the Colombo harbour, Admiral Colombage expressed confidence the issue could be resolved soon. The former Navy Chief categorically denied India’s valuable support to Sri Lanka at Geneva et al would be linked with agreement on ECT.

Responding to criticism directed at India over a spate of issues, including the forced imposition of the 13th Amendment thereby creating the Provincial Council system, Admiral Colombage pointed out the Tamil Nadu factor. Admiral Colombage, having reiterated President Gotabaya Rajapaksa’s foreign policy statement, assured Sri Lanka’s commitment to friendly ties with major powers.

FS Colombage emphasized that Sri Lanka’s bilateral relations wouldn’t be at the expense of another country.

Admiral Colombage regretted the recent mid-sea collision involving an SLN Fast Attack Craft and an Indian fishing trawler that resulted in the deaths of four fishermen. The FS emphasized that the incident happened well within Sri Lankan waters near Delft Island.

Navy headquarters last week alleged that the Indian vessel collided with FAC while trying to flee a naval cordon.

Admiral Colombage said that the SLN vessel would have suffered serious damage if the Indian trawler happened to be one with a steel hull.

Asked whether US, India, Japan and Australia would take a common stand vis a vis Sri Lanka in respect of accountability issues, Admiral Colombage asserted that wouldn’t be the case. “Sri Lanka is important to them” Admiral Colombage said, while describing them as the four pillars of the Quad-a security alliance.

Commenting on the disclosures made by Lord Naseby in the House of Lords in Oct 2017, Admiral Colombage appreciated the British politician’s efforts to set the record straight as regards war crimes accusations. The Foreign Secretary said that the revelations were made on the basis of genuine and accurate sources.

The British Lord used classified wartime British HC cables (Jan – May 2009) obtained following a legal battle to counter Geneva accusations. Sri Lanka is yet to officially request Geneva to revisit the 2015 resolution on the basis of Lord Naseby’s revelations.

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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.

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JVP picks holes in PCoI report

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By Saman Indrajith

The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.

Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.

“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”

Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.

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