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GL recalls how SLA was wrongly blamed for Mannar mass graves
By Shamindra Ferdinando
Education Minister Prof. G.L. Peiris, who is also Chairman of the ruling SLPP, has questioned the rationale in UN human rights Chief Michelle Bachelet’s latest report that dealt with Sri Lanka accountability issues during the war and post-conflict period in the run-up to the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC).
Bachelet served as the Chilean President for nine years beginning 2006.
Acknowledging that Sri Lanka was again on the Geneva agenda, Prof. Peiris told a media briefing at the SLPP office at Battaramulla that Foreign Minister Dinesh Gunawardena would state the government’s stand. Prof. Peiris, who served as the External Affairs Minister during President Mahinda Rajapaksa’s second term (2010-2015) emphasized the government would take the following factors into consideration. Prof. Peiris asked how the UNHRC as regards Sri Lanka pursued a controversial agenda not compatible with its mandate. The top academic emphasized therefore forceful intervention in domestic matters was contrary to its mandate.
The UNHRC consists of 47 countries divided into five groups.
Referring to Bachelet’s latest report Prof. Peiris pointed out the absurdity in the UN human rights chief raising the enactment of an Amendment to the Constitution, appointments given to retired armed forces officers and interference in parliamentary matters. The Education Minister said the UN rights chief and the UNHRC had no business to intervene in such domestic matters.
Minister Peiris said that the UNHRC actions should be fair by all member states of the UN. Recollecting his recent three-day visit to Kilinochchi and the Jaffna peninsula, Prof. Peiris alleged that Bachelet conveniently ignored substantial development achieved in the Northern and Eastern Provinces since the eradication of the LTTE.
Sri Lanka brought the war to a successful conclusion in May 2009.
The former Chief Negotiator for the government in talks with the LTTE, Prof. Peiris faulted Bachelet for not giving sufficient attention to two key post-war factors namely rehabilitation of the LTTE cadre and vacation of public and private land and property occupied by the military.
Prof. Peiris said Sri Lanka had rehabilitated as many as 12,000 LTTE cadres after fighting ‘the world’s most ruthless terrorist organisation’, in an efficient manner that received the appreciation of some sections of the international community. The UN human rights chief however had chosen to ignore Sri Lanka’s unique rehabilitation project, the minister said, urging the Geneva body to give up its offensive directed at post-war Sri Lanka.
Prof. Peiris explained the orderly vacation of public and private property in the Northern and Eastern provinces by the security forces would never have been possible without the eradication of the LTTE. Those who always inquire about the continuing military presence in the predominantly Tamil speaking areas were conspicuously silent about significant reduction of in military presence over the years, Prof Peiris said. Would that be possible until the armed forces crushed the LTTE, Prof. Peiris asked.
Prof. Peiris said that the Office of the Missing Persons (OMP), too, was continuing its work. The SLPP Chairman also pointed out Bachelet’s failure to recognize improvement in education, agriculture, fisheries and industrial sectors over the past decade.
Prof. Peiris said that the Geneva body lost its credibility as it dealt with countries differently. “We are a case in point,” Minister Peiris said, underscoring Sri Lanka was definitely not the first country investigated over accountability issues.
The former foreign minister alleged that the UNHRC targeted some countries while some received protection. The minister said that the Geneva body was being used by those with vested interests to suit their agendas. The minister described Sri Lanka as a victim of that despicable strategy.
The former Foreign Minister said that the Geneva body should give due recognition to local mechanisms set up by Sri Lanka to address accountability issues. Unfortunately, Geneva had ignored the LLRC, Paranagama Commission as well as its Second Mandate thereby deprived Sri Lanka of an opportunity to set the record straight.
The Minister said that the international community should recognize the political environment too. Having won two national elections overwhelmingly, in 2019 and 2020, the ruling party commanded the respect of the people, the minister said, urging Geneva to be mindful of the circumstances leading to the rejection of yahapalana administration, twice within 12 months.
Responding to a query by The Island, Prof. Peiris pointed out that the Geneva rights chief had been in such a hurry to pressure Sri Lanka she blamed the Mannar mass graves on the Sri Lanka Army before US lab revealed the bones found therein were several centuries old and belonged to the colonial period. They never bothered to verify facts, the minister said, calling for examination of disclosure made by Lord Naseby in Oct 2017, US defence attaché Lt. Col. Lawrence Smith’s statement in June 2011, Wikileaks cables and dispatches from the UN office during Eelam War IV to establish the truth.
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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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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.
