SC disregards Speaker's ruling and again orders notice issued on PSC members and the speaker

SC issues notice to PSC and Speaker The Supreme Courts today  issued notice to the Speaker and 11 members in the Parliamentary Select Committee hearing the Impeachment Motion against Chief Justice Shirani Bandaranayke.

This was after the Supreme Court considered  seven Writ Applications filed in the Court of Appeal in respect of the Impeachment Motion against the Chief Justice and referred to the Supreme Courts for Constitutional interpretation.

Sri Lankan Army deserter gives ‘rare’ insider account of government forces torturing civilians at refugee hearing; MoD responses- A man of dubious repute and questionable integrity

Passport photo of Ravindra Watudura Bandanage, who was a captain in the Sri Lanka Army until he fled to Canada and deserted. He has told immigration officials the army ordered him to place a bomb in the home of a Tamil Member of parliament in Sri Lanka. / Federal Court of Canada

Stewart Bell

An officer in the Sri Lanka Army, who fled to Canada and claimed he was ordered to plant explosives at the home of an outspoken opposition politician, is raising new questions about military abuses committed during the island nation’s long civil war.

Sri Lanka: State security forces obstruct peaceful assembly in Jaffna ; students and journalists assaulted and arrested

 
NfR Sri Lanka, a net work of journalists and human rights defenders, dismayed and shocked that once again the Government of Sri Lanka has unleashed state terror on students and journalists in Jaffna in flagrant violation of peoples right to peaceful assembly, an universal right enjoyed by people in the democratic world. This is an assault on freedom of expression rights as well.

This brutal assault took place on 27th Nov 2012 in Jaffna when University students led remembrance was being held. Number of students was injured as a result, editor of the Jaffna based best selling news paper Uthayan was manhandled by the military and photographers were forced to delete the pictures of military and police brutality. Among the journalists assaulted are staff of another Jaffna based newspaper, Valampuri and students of the journalism training centre, Jaffna.

No one can issue notices on Speaker, PSC – Ranil

Opposition Leader Ranil Wickremesinghe yesterday told Parliament that there were no judicial powers entrusted to the Parliamentary Select Committee investigating charges in the Impeachment Motion against the Chief Justice and the Supreme Court could not issue notices on the Speaker or the PSC members. Wickremesinghe, participating in an exchange of views, soon after Leader of the House, Irrigation Minister Nimal de Silva raised a privilege issue on notices issued by the Supreme Court, on the Speaker and PSC members said: "Most people were saying here that there were three pillars of power but they are wrong. The people are sovereign under the Constitution. Whether you like it or not this Constitution was created based on the theories of J. R. Jayewardene and not Montesquieu."

PSC probing charges against CJ: Speaker deems court notices irrelevant and thanks Ranil W for his support

Speaker Chamal Rajapaksa yesterday declared in Parliament that notices served on him and members of the Parliamentary Select Committee (PSC) probing the charges mentioned in the impeachment motion against Chief Justice Shirani Bandaranayake were a nullity and entailed no legal consequences.

Delivering his ruling on the issue last evening the Speaker said: "On careful consideration of this matter, I wish to convey to the House my ruling that the Notices issued on me, as Speaker of Parliament, and on the Members of the Select Committee appointed by me, have no effect whatever and are not recognized in any manner."

The UNP and the Judiciary ( and Ranil Wikremasinha's legacy)

His policy smacks Jayawardana's authoritarianism

It was the  United National Party (UNP) under President J.R. Jayawardane which laid the foundation for a obedient and politicised judiciary in Sri Lanka. President  Jayawerdane never respected independence of the  judiciary and used carrot and stick policy to control it.   Ranil Wikremasinghe, the present leader of the UNP cut his teeth under the very same Jayawardene and became one of his best disciples. He was also responsible for sending Kalu Lucky and a gang  to stone the houses of Supreme Court judges in those dark days.  Wikremasinghe never was a reformist and continue to be one of the most consecutive politicians   in Sri Lanka today. His attitude of indirect support to  the Rajapaksha impeachment against the present CJ smacks the same J.R. authoritarianism. 

Sri Lanka Brief reproduce this comprehensive essay on UNP and the Judiciary by UTHR (J) to remind readers of some important turning points in the long process of  destroying judicial independence in Sri Lanka.

SRI LANKA: The Buddhist Mahanayaka theras have called PresidentRajapaksa to withdraw the Impeachment Motion against Chief Justice

The eight-spoked Dharmacakra.
The eight spokes represent the
Noble Eightfold Path of Buddhism

''The legislature, Executive and the Judiciary can perform an immense service to maintain morals, law and peace in any civilized democratic society. It should be based on law, justice, patience and fairness. In order to achieve this end, it is not proper to resort to actions which will generate an apprehension with regard to the judiciary and the judges. It will be harmful than beneficial. It is certain to affect the honour and the trust that the judiciary of Sri Lanka had up to now in the world.''

Eye witness account: Unlawful behavior of military in Jaffna disrupting remembrance day

Military & police  assault (Photo: Uthayan)

E.Saravanpavan, MP, Jaffna
November 27th is the Tamil Eelam Liberation Tigers’ Heros Day on which day people offer their commemoration to the demised  warriors.    It is customary for people to pay their respect to the deceased on such days. This salutation offered to their blood brothers, relations and parents has been mercilessly suppressed by the forces.   This being a well planned act of the forces, the consequences had brought the Government’s false disguise to the international community. 
It is  possible that if such incident had not taken place in the Jaffna Campus premises, yesterday and the day before, the international community  wouldn’t have come to know about it.

U.S. Concerned Over Moves to Stifle Free Expression

The United States Embassy in Colombo is concerned about recent threats to freedom of expression in Sri Lanka. The November 28 beating of a reporter in Jaffna, harassment by Government of Sri Lanka officials of independent media outlets, and searches without warrants of journalists all serve to stifle media freedom. Additionally, the Embassy is greatly concerned about reports of attacks on students in Jaffna. We call upon authorities to exercise restraint and respect peaceful demonstrations.

• Read this press release in Sinhala (pdf, 60 kb)
• Read this press release in Tamil (pdf, 40 kb)

USE/CMB

Travails and Troubles of Being “Tamil” in Sri Lanka

Thulasi Muttulingam
Ever since I landed in Colombo, some 10 years ago (after growing up/ living most of my life abroad), I have been noticing a phenomenon leaching into my subconscious that is not new to many other Tamils living in Sri Lanka; guilt. A sense of having to be answerable for being Tamil. A sense of accepting that my citizen’s rights can and will often be trampled and there is nothing I can do about it.

Sri Lanka clashes over Tamil rebel remembrance

Police intimidating students

Students in Sri Lanka's former war zone clashed with troops and police Wednesday over celebrations to commemorate defeated Tamil Tiger guerrillas, residents said.
At least 20 undergraduates were injured when troops and police beat up stone-pelting students outside Jaffna university, a witness said.
It was first major clash since security forces crushed Tamil rebels in May 2009.

Economy:Dr. Amunugama, tell the bitter truth! -Ceylon Today,Editorial

It will have a major impact on poor people

Rarely do politicians tell the truth. However, in this instance, the Deputy Minister of Finance, Dr. Sarath Amunugama, has chosen to do so. And in doing so, he has allowed us to have a peek into the sorry state of affairs the country's economy is in, especially when it comes to the growing gap between income and expenditure.
It is telling that of all the places and occasions, the minister chose the opening ceremony of a People's Bank Service Centre in the Kandy District to admit the stark truth – there is no option other than printing money or taking loans to bridge the current budget deficit.

Peaceful student protest attacked by SL military in Jaffna

Jaffna University students who boycotted classes on Wednesday and rallied in front of the university entrance Wednesday at 11:00 a.m. protesting against the SL military harassments inside the University premises on Tuesday on the occasion of Heroes Day, were brutally attacked by SL military commanders who had taken position on the road while the students were peacefully walking on a demonstration march.

Sri Lanka threats Czech over human rights

The Sri Lankan authorities are reluctant to make good their promises that they will grant lucrative contracts to Czech businesspeople after the Czech Republic criticised the country over its violation of human rights in the United Nations, daily Hospodarske noviny (HN) writes yesterday.
Last year, Sri Lanka offered contracts worth billions of crowns as a reward for special relations with Czechs. The contracts are to help renew the country, devastated by decades of a civil war, HN writes.
However, Sri Lanka is now backpedaling on its promises because the Czech Republic criticised the violation of human rights in the country in the United Nations, it adds.

UN hopes that the Sri Lankan problem would be settled in year 2013

Den Hitoki 

UN blundered
The United Nations’ team leader for Political Affairs of the Asia-Pacific Division, Hitoki Den, regretted withdrawing UN officials from the war-torn areas in the Vanni region when the war was in progress. Den expressed his dismay over the decision by the UN officials to withdraw from the war-torn area when he met Bishop of Jaffna, Thomas Savuntharanayagam, in Jaffna yesterday.

Bishop Savuntharanayagam, explaining the current state of affairs in Jaffna, pointed out to the senior official that the UN had made a big blunder by withdrawing its staff from the Vanni in 2009.

Malaysia: Caucus to look into humans right abuse in Sri Lanka set up

Datuk Seri Nazri Aziz.

A Parliamentary Caucus on the Abuse of Human Rights in Sri Lanka has been set up, announced Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz.
Nazri said members from both sides of the divide agreed to the caucus as they viewed with great concern the alleged human rights violation in Sri Lanka, including against the ethnic Tamil minority group there. The caucus will continue to monitor the progress of the United Nation’s resolution on the matter.

Mervyn's epiphany - Editorial, The island

Minister Mervyn Silva has apparently experienced an epiphany and a spiritual flash. (That happens to some people when the moon waxes.) He announced a few days ago that he intended to ban the sale of meat and fish in his fiefdom, Kelaniya. Later, he got cold feet and changed his tune. Someone must have reminded him that the country's biggest fish market was located in his electorate. Now, he tells us that before banning meat and fish stalls, he would commission a survey to gauge public opinion.

Ladies’ hostel lights Common Flame, bells stun SL military in Jaffna on Heroes Day; military attacks house of Kaarainakar PS Head for observing Heroes Day

Nov 27 University Jaffna

Defying the strict instructions by the occupying Sri Lankan military, the people of Jaffna on Tuesday tolled temple bells amid military patrols at 6:07 p.m. in remembrance of heroes. SL soldiers were taken aback witnessing the resolve of the people and hearing the sound of temple bells coming from all directions. Heroes Day remembrance was peacefully and emotionally observed by all the sections of people in the peninsula and in Vanni who lit candles inside their homes. Meanwhile, SL soldiers who entered into the gents’ hostel of the University of Jaffna, where the Heroes Day Common Flame was lit last year, guarded every single room and climbed on to the terrace to prevent it this time. But the flame was lit at the second floor of the Ladies’ Hostel, sharply at 6.07 p.m.

TNA tells international community to halt aid to Lanka

Tamil National Alliance yesterday called upon the international community, especially the US and India, to terminate their assistance to Sri Lanka until the government comes up with a political solution to the national problem.

TNA Wanni District Parliamentarian Selvam Adaikkalanathan, participating in the third reading stage debate on budget 2013, urged the international community, led by India and the USA, to force President Mahinda Rajapaksa and his government to accelerate the finding of a solution to the national problem within the next year.

Welikada Prison: Justice Denied ?

The mother of Wijaya Rohana alias ‘Gundu’ believes the death of her son in Welikada prison recently was not accidental. M. Siriyawathi says that her son called her from a mobile telephone at around 8 p.m. and told her about what was going on inside Colombo’s prison complex. ‘Gundu’ had told her that there were many shootings going on but asked her not to worry. Siriyawathi said, “I advised my son to stay in his cell and close the door and not go out where the trouble was”. Later the following day she received a message that the caller was not sure but almost certain that ‘Gundu’ was in the mortuary.

Bar Association of Sri Lanka files a FR petition against the impeachment of Chief Justice

The Chairman of Bar Association of Sri Lanka (BASL) Wijedasa Rajapakse and three others filed a petition in the Supreme Court today citing that the impeachment motion against the Chief Justice Dr. Shirani Bandaranaike had violated their fundamental rights.

The petitioners cited that the impeachment was unconstitutional and the attempt to impeach the Chief Justice may have an impact on the judiciary decisions on the government and on the entire judiciary system as well.

SRI LANKA: The Standing Orders relating to the impeachment are flawed in law - says an international expert

''8. With respect to the parliamentary impeachment with no subsequent judicial remedy the Committee found violations of Articles 14 and 25 of the Covenant referring to the conclusion that such procedure would not ensure required objectivity and impartiality (see Views of the Committee rendered on 24 July 2008 in the matter of Bandanaranayake v. Sri Lanka, Communication no. 1376/2005, UN Doc. CCPR/C/93/D/1376/2005, at para. 7.3). ''

Lawyers urges Parliament & Executive to respect Judiciary; follow the SC recommendation

The Supreme Court (SC) is now possessed with several cases where the Court is constitutionally bound to interpret the constitution and to determine the constitutionality of the Standing Order 78A, that deals with the impeachment procedure. The Supreme Court has made a recommendation that the Select Committee of Parliament (PSC) should not proceed with the impeachment inquiry until the SC examines the validity of the questionable Standing Order on which the impeachment inquiry is being based.

Resistance overpowers oppression in observing Heroes Day

A new vigour and enthusiasm is noticed in the occupied country of Eezham Tamils this year in paying homage to the fallen heroes on the Heroes Day, despite full-scale efforts of intimidation by the occupying Sinhala military and its intelligence operatives, news sources in the island said. Contrary to the pretentions of genocidal Colombo that it is not obstructing the Kaarthikai festival of lights falling on the same day this time, the occupying SL military and its intelligence operatives were geared to top to engage in an open campaign of intimidation in the North and East, instructing temples and public not to light lamps, and not to toll bells. Public was told not to come out at all.

Mihin Lanka ( named after Presidet) has accumulated loss of Rs.8.5 bn .

The cash-strapped budget airline ‘Mihin Lanka’ has suffered a loss of two billion rupees during this financial year alone and an accumulated loss of a staggering Rs.8.5 billion since its inception in 2007, the Auditor General reveals.

 The parliamentary Committee on Public Enterprises (COPE) discussed the Auditor General’s report on Mihin Lanka yesterday. 

The Auditor General has observed that although the Company is running at a continuous loss, the annual remunerations paid to the six-member Board of Directors have increased over the years.

With 20% unemployment and 30%underemployment Northern Sri Lanka is Sitting Atop a New Volcano

Returning home, Kilinochchi, Sri Lanka ( photo: Practical Action)

M. Thiyagarajah
With all the media focus on the militarization of the Northern land, some issues of bread and butter concern have escaped the attention. The damage inflicted by the three-decade old Tiger insurgency was extensive.
The fact that it is not easy to make the area turn a corner has made the issue nobody’s case.
A lot of effort is needed and the effort must be followed by careful planning. Neither of these priorities is visible and as of now, the rural Tamil North is years away from development.

GoSL must remove all restrictions imposed on media - Jacob Mathew, Global President of WAN-IFRA

 The government and parliament must heed the voice of the world and remove all restrictions they have imposed on the media through legislation and ordinances, said Jacob Mathew, Global President of WAN-IFRA (World Association of Newspapers and News Publishers).

Democracy, the State and the Judiciary

Indeed the most glaring example of the Courts holding against the Government is the Supreme Court judgment of August 2005, cutting short the Presidential term from 06 to 05 years. This judgment was even more surprising, in the circumstances that the Chief Justice himself previously gave advice to the President that she could "take the presidential oath any number of times – even every day, as long as she took oaths at the end of her first presidential term – at the end of 06 years in November 2000". That President did not move to impeach the said Chief Justice, despite enormous pressure from her Ministers and legal advice that the judgment was incorrect and could be contested before a full bench of the Supreme Court.

Chandrika Bandaranaike Kumaratunga

Sri Lanka's top judge slams impeachment

Sri Lanka's chief justice says it is illegal for politicians to investigate her and vowed she will defend herself against impeachment charges of professional and financial misconduct.
Shirani Bandaranayake, whose case has raised fears the government is trying to control the courts, told a parliamentary select committee there was not an "iota" of truth in allegations against her.

If the Executive or the Parliament usurps SC function to interpret the Constitution the whole system of democratic governance will collapse

MA Sumanthiran M.P.
Last week we saw an unprecedented action by the Supreme Court. I wonder whether any court, let alone the Supreme Court, has ever before made a ‘request’, without making a coercive order. This perhaps was dictated to by the experience gained on two previous instances. Both involved the former Chief Justice Sarath Silva.
In 2001 when a Motion for his impeachment was presented to the then Speaker Anura Bandaranaike, the Supreme Court issued a stay order restraining him from appointing a Parliamentary Select Committee (PSC) in terms of Standing Order 78A of the Parliament. On that occasion the Speaker ruled that he was not bound by the order of the Supreme Court.

Steady Gathering of Public Empathy for a Court Under Siege is Now Noticeably Underway

Kishali Pinto Jayawardene
The Government’s brushing aside of the Supreme Court’s entirely appropriate order this week requesting Parliament to desist from continuing with the impeachment of the Chief Justice until a final determination was handed down in petitions being heard filed before it, was arrogant but unsurprising.
The Bench spoke to the comity that must exist between the judiciary and the legislature for the greater good of the country. It cautioned that this would be prudent as well as ‘essential for the safeguarding of the rule of law and the interest of all persons concerned.’

Has the Parliamentary Select Committee (PSC) become a Political Tribunal?

Laksiri Fernando

 The Parliamentary Select Committee’s rejection of the Supreme Court’s decision that the impeachment proceedings against the Chief Justice should be postponed until the Supreme Court determines the constitutionality of the Standing Order 78A that purportedly governs such proceedings, as requested by the Court of Appeal, undoubtedly is the latest breach against the judicial authority in Sri Lanka by the political authority.

The decision of the Supreme Court was good as a ‘determination’ or ‘order’ although the Deputy Speaker, Chandima Weerakkody, opted to ridicule it by saying a “request or something” to Live at 12 of Swarnawahini yesterday (23 November 2012). The format of the recommendation was like any other court order. It was argued and decided. The carefully worded directive after outlining the legal circumstances said:

Impeachment: further complications, Editorial, The Island

The decision of the parliamentary select committee now pondering the impeachment resolution against Chief Justice Shirani Bandaranayake that it will not await the Supreme Court determination on the legality of the process has now added a further complication to an already messy situation. There is no doubt in anybody’s mind that the decision to impeach the CJ was that of the president and none other. The decision to get on with the job regardless of ongoing court processes and others in the pipeline too would have obviously had his blessings.

LLRC Recomendations: Act before the next Geneva sessions - Editorial, Sunday Times

It was a year ago that the Lessons Learnt and Reconciliation Commission (LLRC) report was submitted to President Mahinda Rajapaksa. The Commission was not without its share of ‘Doubting Thomases’, especially in the West who felt that it was merely going to ‘whitewash’ the Government of Sri Lanka of accountability, especially in regard to the allegations of violations of International Humanitarian Law (IHL) during the final military offensive against the LTTE in 2009.

Implement LLRC proposals- urge garment exporters: Sri Lanka should reapply for GSP Plus concessions

Sri Lanka’s apparel industry, struggling against an economic crisis that has hit its main buyer – Europe -, is urging the government to implement recommendations of Sri Lanka’s post-war reconciliation commission in a bid to regain GSP concessions from the European Union (EU).
This comes in the wake of a leadership change within the apparel exporters’ body that took place last Monday during its AGM.

Prisoners urge international probe;Eye witness relates: Welikada prisoners were massacred

‘we fear for our lives’ they say
Several prison inmates who witnessed the Welikada Prison riots are urging for an impartial international probe, and are prepared to give evidence vis-a-vis the killing of 11 inmates on November 10. At the prison mayhem on November 9, 27 prisoners were killed and eyewitnesses alleged that 11 inmates were killed by the police after the riot was quelled, consequent to their names being called in the early hours of November 10, after prisoners were made to sit on the floor.

The purported charges do not constitute charges within the meaning of the Law.- A response on behalf of CJ

 (i)         The document dated 14/11/2012 contains no charges in Law.
 

(ii)       The purported charges even if proved do not constitute proved misbehavior within the meaning of Article 107(2) of the Constitution and therefore cannot result in the impeachment of our client.

(iii)     The purported charges do not constitute charges within the meaning of the Law.

 (iv)     The purported Standing Orders have no legal validity in Law.

‘Sri Lanka’s 23 most unfortunate persons’ ( belongs to judiciary)

Dr. Jayampathy: This is J.R. creation

"Every citizen of this country is entitled to certain judicial remedies to their issues. But in terms of the J. R. Jayewardene administration-initiated Parliamentary Standing Orders and the Constitution we have today, there are 23 very unfortunate persons in this country currently. They are the 11 Supreme Court judges and the 12 Court of Appeal judges. These 23 unfortunate people have no judicial remedies," well known constitutional lawyer and senior LSSPer Dr. Jayampathy Wickremeratne PC said.

Speaking to The Island in a wide-ranging interview, on the impeachment process against the Chief Justice and linked governance issues, Wickremeratne asked, "how can any right- thinking person take a decision on the basis of an inquiry held by a non-judicial body? This is unconstitutional."

Safety of journalists - HRC resolution requests good practices report

12. Requests the Office of the United Nations High Commissioner for Human Rights, in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, to prepare, working in consultation with States and other relevant stakeholders, a compilation of good practices in the protection of journalists, the prevention of attacks and the fight against impunity for attacks committed against journalists, and to present the compilation in a report to the Human Rights Council at its twenty-fourth session.

Full report:

SL questions UN internal report

Report appears to be another attempt at castigating Sri Lanka

Sri Lanka today questioned the integrity of the ‘Report of the Secretary General’s Internal Review Panel on UN action in Sri Lanka’ or the ‘Petrie Report’ and its leak to the media.

The Ministry of External Affairs today releasing a statement questioned the integrity of the report, the leak to the media, the sections of the report that have been blacked out and the accusations against the Sri Lankan government.

PSC postponed till Dec 4th; CJ takes media friendly attitude( photos)

The. C.J. Dr. Shirani Bandaranayake has been noticed to appear once before the parliamentary Select Committee on the 4th of December.

The PSC has postponed its work until then.

Sri Lanka: PSC rejects the request of the Supreme Court and continues with the impeach proceedings

Yesterday the Supreme Court in a carefully worded order made a request of the Parliamentary Select Committee (PSC) inquiring into the impeachment not to proceed with their inquiry until the Supreme Court made a determination on the reference made to it by the Court of Appeal. The Supreme Court referred to the good relations that should exist between the two branches of the government and stated:

International day against IMPUNITY: Investigate and take action on crimes against media and journalists in S. Asia

November 23 2012 is a day of action against impunity for attacks on journalists. This is a global observance which commemorates the thirty-two journalists killed in the Ampatuan massacre in Maguindanao province in the Philippines. It is also an occasion for the South Asia Media Solidarity Network (SAMSN) to take stock of the distressing reality of impunity in the region and resolve to combat it through country-specific, though coordinated action.

The motion to impeach the Chief Justice should be withdrawn-FUTA

Public meeting organised by FUTA ( file photo)

The Federation of University Teachers Association (FUTA) requested the Executive and Legislature to withdraw the motion to impeach the Chief Justice.
FUTA statement said that those responsible for the assault on the Secretary to the JSC should be brought to justice and those responsible for the attack on the Mannar Courts should also be brought to justice
Following is the full text of the FUTA statement

UN Possessed Reliable Information Showing Sri Lankan Govt Was Responsible for Majority of Deaths

Two-thirds of the killings were inside safe zones

''At 3 a.m. on Jan. 24, 2009, the UN team reported to headquarters that “the decapitated body of the 18-year-old daughter we had spoken to earlier in the evening landed at the entrance to our bunker. One WFP [World Food Program] driver was hit in the back of the head with shrapnel. … The scene at first light was devastating; within 20m of our location lay 7 dead & 15 seriously injured. 1 dead infant was in a tree under which the family had sheltered and the 2nd decapitated infant was hanging from the wire perimeter fence.”
Frances Harrison

Leader Publications ordered to pay Rs. 250 m to Gotabhaya

The Mt. Lavinia district court today (Nov. 22) ordered Leader Publications Ltd. to pay a Rs. 250 million compensation to defence secretary Gotabhaya Rajapaksa in a defamation case.

The court also issued a permanent injunction, preventing the defendant from publishing

- SLM
PTI report says:

SRI LANKA: The Supreme Court requests the PSC to withhold the impeachment inquiry

A Statement from the Asian Human Rights Commission
The Supreme Court yesterday (November 22) decided to inform the Parliamentary Select Committee (PSC) appointed to inquire into the allegations made in the impeachment motion filed by a number of Members of Parliament against the Chief Justice. The court is inquiring into a reference made by the Court of Appeal acting in terms of Article 125 of the Constitution referring to the following question relating to the interpretation of the Constitution for the determination of the Supreme Court:

TNA condemns recruitment of Tamils to the army

Tamil recruits

The Tamil National Alliance (TNA) has condemned what it calls as the forced recruitment of Tamils to the army in Jaffna.TNA MP Suresh Premachandran was quoted by the Uthayan newspaper as saying the army is carrying out a house to house campaign urging Tamils in Jafna to join the army.
He said the accepted way of recruiting people to the army is by issuing a press notice and not through a house to house campaign.

One more tombstone in SRri Lanka : 'Here lies the rule of law'

Thamilaselvem: LTTE would prevail (2005) Reuters photo

Bob Rae/ Globe and Mail
There was no doubt among those watching on the ground as the Sri Lankan army carried out its blitzkrieg across the northeast of the island in early 2009. The loss of civilian life would be mammoth, and those killed would, as often as not, be in “safe zones.”
In my last meeting with the chief political spokesman for the Liberation Tigers of Tamil Eelam in 2005, there had been an eerie exchange of messages and warnings. S.P. Thamilselvan told me his cause was just and the LTTE would prevail. I told him the international community wanted real negotiations and there were no guarantees that a breakdown of discussions would not lead to renewed conflict.

National Action Plan given boost in budget-US .

While stating that Sri Lanka had made significant progress in implementing the LLRC report, through the National Action Plan (NAP), the US yesterday said the Budget 2013 that was presented recently was very encouraging as each government department was being given budget allocations to implement the NAP.

The US Deputy Assistant Secretary of State for South and Central Asian Affairs Alyssa Ayres, who is currently on a visit to Sri Lanka made this comment.

Sri Lankan president presents austerity budget

Protests for relief are increasing 

Saman Gunadasa
Sri Lankan president and finance minister Mahinda Rajapakse presented the 2013 budget to parliament on November 8, in line with the demands of the International Monetary Fund (IMF). The austerity budget will further undermine the living standards of working people, who already have been hit by rising prices and an effective wage freeze since 2006.
The budget provided only a pittance for public sector workers—a monthly allowance, not a wage rise, of just 750 rupees, or 20 US cents a day, from next January, and another 750 rupees from mid-year. The amount is about 10 times less than workers have been demanding to compensate for cost-of-living increases. No mention was made of the country’s eight million private sector employees, who include plantation workers, the largest section of the working class.

Full Text of Petition Filed by Jayampathy Wickramaratne Against Impeachment of Chief Justice

21 November 2012, 3:30 pm
IN THE COURT OF APPEAL OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
In the matter of an application for a mandates in the nature of a Writs of Certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Commonwealth Judges, Lawyers concerned about impeachment

The Commonwealth Lawyers Association (CLA), the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates' and Judges' Association (CMJA) are concerned about the recent motion in the Sri Lankan Parliament to proceed with the impeachment of Chief Justice Shirani Bandaranayake.

The existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law.

Full Text of Chandra Jayaratne Petition Against Impeachment of Chief Justice:

Full Text of Chandra Jayaratne Petition Against Impeachment of Chief Justice:
21 November 2012, 3:23 pm
IN THE COURT OF APPEAL OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application for a Writ of Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

The Impeachment: Process and its un-constitutionality

Jawahal  Lal Nehru signing Indian constitution form which
article 107 of the SL constitution was copied

C.V. Vivekananthan, Attorney at Law 
The 1978 Constitution is an embodiment of concrete and effective provisions to promote fair trial and to protect the independence of judiciary. However, the executive Presidential System clothed with legal immunity with suits as envisaged under Article 35 had adversely affected and seriously undermined the independence of judiciary and the judicial dignity and decorum of the judges.

Many politicians feel strongly that the courts are preventing them from reaching their political agendas. Hence, manipulations are engineered to transgress judicial independence in order to make the judiciary an appendage of the executive. The successive governments had interfered even with the fair trial principles through specific enactments, altering trial procedure. The Government of President Jayawardene did not leave even the then Chief Justice Neville Samarakoon, Q.C.

Impeachment of chief justice 'deeply flawed' - Friday Forum

 J.R.Jayewardene taking oaths as the first Executive
President of Sri Lanka before Chief Justice
Neville Samarakoon whom he impeached in 1984

Friday Forum, a citizen group said impeachment proceedings launched against Sri Lanka's chief justice was "deeply flawed" and is perceived as an attack on institution that is independently working in the public interest.

The Friday Forum said the process by a select committee was flawed and has attracted criticism from 1984 when it was used against a then chief justice Samarakoon who gave decisions that annoyed the executive.

Quite apart from the above legal argument, it is crystal clear that the process is deeply flawed in principle.

"The current Select Committee procedure does not provide for the investigation and determination of the allegations by an independent judicial body," the Friday Forum said.

Manipulation of the rule of law is the order of the day

J.C. Weliamuna

Chrishantha Weliamuna
''At the same time, they have planted political stooges at every important position that can influence the public thinking. This includes everyone from the vice chancellors of the national universities to heads of important public institutions and even principals of prominent schools. Appointing ex-military personnel as well as serving officers to important civil administrative positions is also part of this strategy. By doing so, the government has quite effectively prevented any public debate or discussion on human rights, democracy, corruption, rule of law''

Sri Lanka: Tamil Politics and the Quest for a Political Solution

Iinternational Crisis Group : Asia Report N°23920 Nov 2012

EXECUTIVE SUMMARY AND RECOMMENDATIONS

SL Army - 15 out of 18 divisions deployed in North 

The Sri Lankan government’s refusal to negotiate seriously with Tamil leaders or otherwise address legitimate Tamil and Muslim grievances is increasing ethnic tensions and damaging prospects for lasting peace. The administration, led by the Sri Lanka Freedom Party of Mahinda Rajapaksa, has refused to honour agreements with the Tamil National Alliance (TNA), broken promises to world leaders and not implemented constitutional provisions for minimal devolution of power to Tamil-speaking areas of the north and east. Militarisation and discriminatory economic development in Tamil and Muslim areas are breeding anger and increasing pressure on moderate Tamil leaders.

Sri Lanka apparel export revenue declines ; Apparel exporters want GSP+ back

Sri Lanka's earnings from apparel exports has seen an over 4 per cent decline during the first quarter of the current year, according to Ceylon Chamber of Commerce data.
In 2000, the apparel exports accounted for 49 per cent of the island's total exports and by 2011 the share dropped to 38 per cent, data showed.
Industry analysts, commenting on the figures, said the loss of exports to European Union (EU) under the GSP+ tariff concessions have contributed largely to the cumulative loss of earnings.

Time to push back over Sri Lankan impunity

Alan Keenan, Special to CNN
International attention on Sri Lanka has focused recently on a devastating report from the United Nations reviewing its own failure to protect civilians during the humanitarian catastrophe of the final months of the island nation’s civil war in 2009. Yet as many in the international community have been looking back, a new, quieter crisis is threatening Sri Lanka’s battered democracy – and the chances of lasting peace – with the government of President Mahinda Rajapaksa moving to impeach the Chief Justice of the Supreme Court.
Should the impeachment effort succeed, it will complete a constitutional coup begun in September 2010 with the 18th amendment to the constitution, which ended presidential term limits and removed the independence of commissions on the police, human rights, judiciary, bribery and other areas of governance.

Sri Lanka Opposition Calls Prison Deaths Massacre; photos show the way they killed

see more photos below

NEWS: Sri Lanka’s main opposition party described the deaths of 27 inmates after a prison riot as a “cold-blooded massacre” and demanded a parliamentary investigation. Authorities have said the prisoners died in a shootout.

Mangala Samaraweera, a lawmaker for United National party, said that he had information that most of the prisoners killed during Friday’s clash had been gunned down by police commandos and soldiers.
“It’s a massacre that has to be condemned. It shows the breakdown of the rule of law in the country,” Samaraweera said Sunday.

Borella turned into Pudumathalan and the re-appearance of Niemöller

Photo courtesy CNN

Sunanda Deshapriya

The photos of prisoners, like thugs, holding a few machine guns on the roof of Welikada Prison, challenging a government which is capable of terrorizing an entire country, what do they tell us? The news of the mass murder which was a response to that challenge, what does that tell us?
The photos and the news are two sides of the same coin. And the coin reflects the reality of Sri Lanka. It shows that intimidation, violence and murder have replaced humanity.

Eyewitnesses to Kumaarapuram massacre summoned to Anuradhapura

Kumarapuram village buildings destroyed by war ( Photo TN)

Witnesses to February 1996 brutal massacre of 24 Tamils by the occupying Sri Lanka Army (SLA) at Kumarapuram vilage in Trincomalee, have been sent summons to appear in Anuradhapura High Court situated in predominantly Sinhala district on Monday, more than 16 years after the genocidal massacre. “This gang rape and massacre of innocent civilians, including children and women, forms part of a system evidence of Genocide against Eezham Tamils,” a lawyer from Trincomalee told TamilNet commenting “justice delayed is justice denied.” Many of the witnesses are poor labourers who do not know Sinhala. The witnesses have also been threatened by the SL military not to appear in the Courts, the sources further said.

Rule of Law and Independence of the Judiciary

Elmore Perera 
The Preamble to the 1978 Constitution sets out the Mandate given by the Sovereign People to assure to all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS and THE INDEPENDENCE OF THE JUDICIARY, as the intangible heritage that guarantees the dignity and well being of succeeding generations of the Peoples of Sri Lanka. Significantly “Justice” and “the independence of the Judiciary” are given particular emphasis.

The Vanni -The graphic novel documents the family’s struggle to stay alive in the midest of war

You may see Antoni as you walk down the street- head down, lost in thought as he weaves his way through a throng of people. You may sit next to him on the bus, or brush past him in the supermarket. He may live next door to you.

He hides a troubled past, which continually haunts him. And he is just one of the thousands of asylum seekers in every capital of the world, whose lives are totally anonymous.

In The Vanni, a multimedia graphic novel by Benjamin Dix and Lindsay Pollock, we discover Antoni’s roots in Sri Lanka, and his journey to England as an asylum seeker, after being forced to come here during the closing stages of the civil war in 2009.

SRI LANKA: Justice must be served: An appeal by lawyers on impeachment process

Lawyers for Democracy

Lawyers for Democracy (LfD), raises serious concerns with the process that has commenced to impeach the Chief Justice of Sri Lanka, Hon. Dr. Shirani Bandaranayake. The impeachment follows in the wake of several other attempts in recent times to interfere and intimidate the judiciary, most recent incident being the attack against the Secretary of the Judicial Services Commission (JSC) in October 2012. These incidents, now culminated with the attempt to impeach are a direct attack against maintaining an independent judiciary, a fundamental element in a functioning democracy. LfD urges that the process to impeach meets basic principles of rule of law and natural justice and ensure that the Chief Justice of Sri Lanka be provided with a due process and there be justice.

Chandra J. files petition in Appeal Court against move to impeach CJ

Good governance activist and former private sector leader Chandra Jayaratne has filed a petition in the Court of Appeal yesterday seeking a ruling by the court that the process to impeach Chief Justice Shirani Bandaranayake was unconstitutional and has no validity in law.

Via the petition Jayaratne is challenging the constitutionality of the process and seeking an interim injunction against the Parliamentary Select Committee probing the impeachment motion against the Chief Justice until the petition is heard.

All signatories to impeachment motion must declare assets – Ven. Sobitha Thera

All parliamentarians, who had signed the impeachment motion against Chief Justice Dr. Shirani Bandaranayake and members of the Parliamentary Select Committee (PSC) appointed to probe the charges levelled against her, should first declare their assets, Convener of the National Movement for Social Justice Ven. Maduluwawe Sobitha thera said yesterday.
He said Dr. Bandaranayake had shown a clear record on her financial transactions through her lawyers, but most of ministers and MPs had yet to declare their assets.

Insight: Sri Lanka's "people's dynasty" - help or harm for growth?

File photo of Sri Lanka's President Rajapaksa attending World Energy Forum at the Dubai World Trade Centre
(JUMANA EL HELOUEH, REUTERS / November 18, 2012)

Frank Jack Daniel Reuters
JAFFNA, Sri Lanka (Reuters) - From foreign hotel towers sprouting on Colombo's seafront to the new motorbikes and mobile phones buzzing in war-ravaged Jaffna, at first glance, Sri Lanka seems to be living up to its claim as Asia's latest frontier market.

Were prisoners summarily executed? Prison officials so allege

relatives of the killed prisoners calls for justice ( BBC photo) 

Ranga Jayasuriya
scores of inmates who died in the Welikada prison clash were in fact summarily executed by the Special Task Force after the army commandos quelled the prison riot, prisoners and prison officials allege. “The last inmate was killed at around 6 am on Saturday,” said a prison employee.
“ The army took control of the prison around 2-3 am on Saturday. After  the riot was quelled,  prisoners had reportedly to gone to their cells. Later, the STF came with a list of names and some inmates were asked to come out of their cells” said an official.

Once Judiciary is Broken the Rajapaksas will use the Courts to Destroy Every Remaining Right or Freedom

The Family

Tisaranee Gunasekara
“Whatever I have to do to have my way, I will have my way”. Hitler (quoted in ‘The Germans: 1933-45: They Thought They Were Free – Milton Mayer)
There is an unbroken thread linking the Rajapaksas’ ‘humanitarian operation’ with the Rajapaksas’ impeachment assault, the asphyxiation of the 17th Amendment with the planned throttling of the 13th Amendment, the advent of the 18th Amendment with the impending arrival of the 19th Amendment.

What makes it worse is that those responsible for the impeachment motion seem to be going after the wrong nut

Rajiva Wijesinha : Reforming the Judiciary in a civilized manner

I am sorry about the current attempt to impeach the Chief Justice, since it seems to me rather like taking a sledgehammer to crack a nut. What makes it worse is that those responsible for the impeachment motion seem to be going after the wrong nut.

Over the last year, in trying to expedite implementation of the National Human Rights Action Plan, I noted many problems arising from the failure of the judiciary to establish norms with regard to the processes entrusted to them. 

UN Review On Its Conduct In Sri Lanka: Dire Implications

Prof. S. Ratnajeevan H. Hoole

Charles Petrie, a former UN Official, was mandated by the Secretary General Ban Ki-moon to review the conduct of the UN during the last days of the LTTE in May 2009. That report by his panel in its near final form has been reported on by the BBC. It is ominous for the government.

Indian vehicle imports curbed More vehicles from Japan; China sets up car plants here

Prohibitive duties may edge out Indian vehicles from Sri Lanka’s market while exemptions to those coming from Japan will give them an added advantage in the market.

Amidst this move, the Government has granted clearance for a Chinese investor to set up car-assembly plants in Hambantota and Gampaha. An investment of US $ 20 million (about Rs. 2.6 b) is being made.

Auditor General slams SLPA hundreds of Millions of waste and financial irregularities

The Nation
The Auditor General in a latest report to Parliament last Thursday (15) slammed the Sri Lanka Ports Authority (SLPA) for alleged fraud, corrupt activities, financial irregularities, dubious land deals and mismanagement, authoritative sources disclosed to The Nation.
The Auditor General had pointed out that the SLPA had assessed a land not belonging to it as assets and assessed such land to the value of Rs.700 million using a private audit firm in the final accounts distorting the accounts disregarding the statute.

Navi Pillay's visit, HRC news members and UN Internal report: view form Colombo

From The Sunday Times political column
Colombo and Geneva are yet to reach accord on a date for the visit to Sri Lanka by the UN Human Rights High Commissioner Navi Pillay adds significance. She has been tasked to report to the UN Human Rights Council on the progress Sri Lanka has made in the adoption of provisions of the US-backed resolution passed in March this year.

The situation has been made worse. In almost every crisis faced not only by the UPFA Government, but by Sri Lanka itself, the woeful inadequacy of the External Affairs Ministry (EAM) is highlighted with great clarity.

Core Question is Whether This is an Impeachment or Inquisition of The Chief Justice?

Kishali Pinto Jayawardene
It did not take much prescience to foretell that parliamentary privilege would be formally wielded to prohibit public discussion of the PSC process with the commencement of the Parliamentary Select Committee (PSC) to consider the impeachment of the Chief Justice of Sri Lanka this week. The Speaker’s warning to party leaders on Friday that matters discussed at the PSC may not be divulged to the media is therefore unsurprising.

Anti Democratic agenda and international isolation has turned Sri Lanka into a virtual time bomb

Mangala Samaraweera M.P.
Mr. Speaker,
Nearly four years ago, when the LTTE was conclusively defeated, many SriLankans, even those who did not agree with the government on the way the war was conducted in the final stages, were optimistic and hopeful thatour country could, at last achieve the economic prosperity which has eluded our people since independence. A window of opportunity presenteditself to our war ravaged nation to leave the mistakes of the past behind us and move forward to harness the bright and prosperous future our peoplehave been demanding for generations.

Canada Welcomes UN Report on Sri Lanka

Foreign Affairs Minister John Baird speaks to the release of the UN Secretary General’s Internal Review Panel Report on Sri Lanka:
''This report details a litany of human rights violations endured by the Sri Lankan people.
''Sadly, the Sri Lankan government continues to fail victims and survivors alike. The measures it has taken to date simply do not go far enough, as this report clearly lays out.

The Impeachment: Same rulung party including Mahinda Rajapaksha wanted to scrap PSC process in 2000 constitution draft

The Attempt to Remove The Chief Justice:FULL TEXT OF STATEMENT BY THE CIVIL RIGHTS MOVEMENT 

2000 constitution draft was presented
by President Kumarathunga

A host of questions can be raised following recent events regarding the Chief Justice of our country.
A survey of developments involving the independence of the judiciary can go way back to the 1972 Constitution, to the de facto sacking of judges by the 1978 Constitution, the summoning of Supreme Court Justices Wimalaratne and Colin Thomé before a Select Committee of Parliament, the attempted impeachment of Chief Justice Neville Samarakoon, the physical attacks against and killings, in a later era, of lawyers and litigants engaged in fundamental rights cases. Subsequently came the allegations levelled against Chief Justice Sarath Silva and the moves to impeach him.