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Lanka denies war crimes charges by former Major General

A Defence Ministry official yesterday described as 'frivolous' purported claims by a onetime Major General that the Army higher-ups were ordered to kill civilians who surrendered during the final stages of the separatist war in May 2009.

"We know the officer concerned who had to leave on disciplinary grounds. His purported claim is only to back up his appeal for asylum in the United States," the source said. "He was on a watch list when serving and was found engaged in political activity," the source added.

The remarks came after a report in Britain Sunday Telegraph gave details of an affidavit he had provided the US authorities. Here is the report: http://www.telegraph.co.uk/news/worldnews/asia/srilanka/
"The claims are contained in a sworn deposition, seen by The Daily Telegraph, made by a career officer who rose to the rank of major general before he fled the country in fear of his life to seek asylum in the United States.

"He is the highest ranking person to assert that atrocities against Tamil rebels and civilians were sanctioned at the highest echelons of the government. The source had the highest security clearance and close contact with some of the army's most powerful figures. "His testimony contradicted a government-appointed commission, which concluded that Sri Lanka's military did not intentionally target civilians.

"The Lessons Learnt and Reconciliation Commission report, which was released last week, said some isolated allegations of civilian abuses by security forces needed to be investigated further, suggesting that any violations could only have resulted from soldiers who were not following orders.

"That assertion flew in the face of an extensive United Nations report that accused the government of deliberately shelling civilian areas and possibly killing tens of thousands of people in the final months.
"In his deposition, the major general says that he was informed that Gotabaya Rajapaksa, the defence secretary and brother of President Mahinda Rajapaksa, passed on "some instructions to a field commander to get rid of those LTTE [Tamil Tiger] cadres [who] are surrendering without adhering to normal procedures".

"Such an order, he said, "should come from either the secretary of the defence, with the knowledge of the president involved. He also has to be kept informed. The commanders could not undertake such decisions."

"It has been estimated that 20,000 people or more died in the closing months of the civil war in 2009.
"The source, whose name has been withheld for his own safety, confirmed that assassinating Tamil Tigers who had been captured or surrendered became "standard operating procedure" as the Sri Lankan military forces closed in on the last rebel resistance on a strip of land on the island's northeastern coast. Tamil activists are hoping that the evidence provided by the officer will build pressure for a war crimes prosecution against the president or defence secretary.

"The US Department of Justice has a live file on the issue but has yet to prosecute, despite a leaked cable written by the US ambassador to Colombo which said that "responsibility for many alleged crimes rests with the country's senior civilian and military leadership", including both Rajapaksas and Gen Sarath Fonseka, then the armed forces commander.

"American human rights lawyers are seeking to prosecute the defence secretary under the US Torture Victim Protection Act, which allows prosecutions against foreign leaders and officials who commit torture or extra-judicial killings. "Bruce Fein, a human rights lawyer, said that the alleged actions of Sri Lanka's rulers and commanders appeared to be genocide.

"It's hard to come to conclusion that the aim wasn't to destroy the Tamil people in whole or substantial part," he said, citing the definition of genocide under international law. "A video obtained by Channel 4 purported to show the assassination of what were thought to be Tamil rebels. The Sri Lankan army labelled the video as a fabrication. Other witnesses described various incidents of indiscriminate killing.

"The UN also blamed the Liberation Tigers of Tamil Eelam (LTTE) for allegedly using civilians as human shields - a claim also made by the Sri Lankan government - and for using child soldiers. "Throughout its 26-year battle for autonomy, the ethnic minority rebels pioneered suicide bombing as a terror method, killed thousands of civilians among the Sinhalese majority and committed numerous atrocities that led to it being designated as a terrorist organisation by the US and Britain.

"The testimony from the senior officer was first obtained by The International, an investigative website based in the US. It backed up various other allegations of illegal conduct by the authorities. "He said that to his knowledge shortly after becoming defence secretary in 2005 Mr Rajapaksa sanctioned the creation of a "hit squad" known for operating out of a white van to remove suspected LTTE members or collaborators off the streets of the capital Colombo.

"Yolanda Foster, the Sri Lanka researcher for Amnesty International, said: "We doubt Sri Lanka's will and ability to bring the perpetrators to justice, given the scale of the allegations and the potential that serving members of the Sri Lankan government may be implicated."

"A spokesman for the Sri Lankan high commission in London said: 'We categorically deny these malicious allegations.'"

Ban still silent on LLRC report

The Inner City Press based in New York had the following report on the the release of the LLRC report.
"One week ago about Sri Lanka, UN Secretary General Ban Ki-moon "noted that the report of Sri Lanka's Lessons Learnt and Reconciliation Commission (LLRC) was tabled in parliament today and welcomed that it has been made public. The United Nations will be studying the report closely."

"After a week of silence from Ban, even while the Sri Lankan government announced it would take legal action against non-governmental organizations which have joined the criticism for the LLRC report as one leading to accountability, Inner City Press on December 23 asked Ban's spokesman Martin Nesirky.
"Inner City Press: A week ago I saw the statement by the Secretary-General that the UN will be studying the report closely and that he hopes that the Government of Sri Lanka would move forward to address accountability concerns in good faith. Today, the Ministry of External Affairs there has said that they will take legal action against NGOs which have criticized the Lessons Learned and Reconciliation report. So I wonder, does that seem to be a good-faith response to the report, and also, in the week since their last statement has the UN actually studied the report and do they have any comment on it?

"Spokesperson Nesirky: I think you can take it for granted that if we said the report is being studied, it is being studied. And if we have anything further then I will let you know. Other questions, please?
"After that, Inner City Press inquired further with several Ban Ki-moon officials and learned that both the UN Department of Political Affairs and "Human Rights" have been asked to review and summarize the LLRC; the two summaries -- like "Cliff Notes" study aids, a/k/a Cheat Sheets -- will be put together and then and only then will Ban hear anything about it.

"And by then, more voices for accountability in Sri Lanka will have been targeted and silence. Good faith, indeed. Watch this site."

If cabinet leaks are stopped, pigs will fly

President Mahinda Rajapaka sounded a note of caution to both his Cabinet Ministers and parliamentarians last Wednesday. He told the government parliamentary group during a meeting in the morning that MPs would have to be cautious about speaking to the media. Otherwise, it would become impossible to conduct government business.

He cited the Sunday Times in particular for its report in the Café last week titled "Sampanthan speech: President tells Devananda to hit back." "When you give such information to the media, those who write it come and tell us who gave it," Rajapaksa said, rather mischievously.

The same note of caution was sounded by the President when ministers met for their weekly cabinet session on Wednesday evening. Who better than he would know, the day cabinet leaks are plugged, pigs will also fly?

Dilan clowns as birthday chef

That it was his birthday came to be known only when Uditha Bandara MP sat down to lunch at the Parliament canteen with a group of MPs. That included Namal Rajapaksa, Mahindananda Aluthgamage, Nirmala Kotelawala and Dilan Perera.

When the lunch was over, Dilan Perera slipped into the kitchen and asked the staff to bake a cake. When that was done, Lokubandara and those who sat around the table were invited to the canteen. Dilan emerged from the kitchen with the cake in hand. He had pulled off his coat and worn one borrowed from a chef. He also wore the chef's headgear.

As Dilan clowned in the role of a chef, he drew laughter from those present in the canteen including Basil Rajapaksa, the Minister of Economic Development. Some even thought he was a chef.

More Expensive Bells for VIPs

The Sri Lanka Air Force (SLAF) this week took delivery of two specially configured Bell 412 EP helicopters.

Each costing nearly two million US dollars (more than Rs 210 million) will be assigned to the VIP Squadron that serves of President Mahinda Rajapaksa.

Earlier, the SLAF took delivery of two Bell 412 choppers for its helicopter squadron. A file picture above shows a Bell 412 EP in flight.

Vegetable Johnnie flies great heights to save pelicans

Even if he earned the ire of consumers and trader alike over the issue of transporting vegetables, Internal Trade Minister Johnston Fernando demonstrated this week that there is a greater humanitarian side to his character.

From his upper floor office he looked out to see one morning. Two pelicans among a flock of birds atop a tree were badly caught up in the string of a kite. They were struggling to extricate themselves.

Fernando hurriedly rang his friend, Colombo Municipal Councillor Azad Sally. He wanted help from the Colombo Fire Brigade. Soon, a ladder mounted fire truck rushed to the scene. Fernando had also telephoned the Young Zoologists Association. Their members also arrived.

During a delicate operation, the birds were freed. It became delicate only because there were a large amount of eggs in a few cages. By then, one had died. Fernando told his personal security staff to take charge of the other bird. It was taken in an escort vehicle and let off at the Beira Lake.

Safety helmets for UNP MPs

During the closing stages of the budget this week, UNP's Jayalath Jayawardena came up with a proposal. He said MPs coming to the House should wear helmets. This was because some UNP MPs were assaulted on the day the budget was presented in Parliament by President Mahinda Rajapaksa. Another day, Range Bandara (Puttalam District) was assaulted.

A witty UPFA parliamentarian told a colleague in the lobby "unlike us, they (the UNP MPs) would have to wear it when they attend their Working Committee meetings too."

Reshuffle or mutual swap, what’s in a name?

Moves for a Cabinet re-shuffle next month is off, highly placed government sources say. However, they say that the possibility of some ministers exchanging portfolios after "mutual" consent is on the cards.

Others are not sure how such a "mutual" exchange could take place without the blessings of the UPFA hierarchy. Hence they say it could well be a limited re-shuffle under a different name. In other words, it would be the same wine in different bottles.

Namal seeks blessings of retired CJ

Journalist turned Presidential Media Co-ordinator Kumarasiri Hettige, Minister Dilan Perera and a host of others were outside the Parliament building chatting when Namal Rajapaksa MP arrived.
"Were you delayed because of a Court case," asked Perera from the son of President Mahinda Rajapaksa. "No, no. I went to see former Chief Justice, Sarath N. Silva a few times. The gates remain locked," replied Namal Rajapaksa.

"Did you go to obtain a legal opinion," asked Perera. "No, no. I wanted to call on him to receive his ashirwada (blessings)," replied Namal. He said it was Sarath N. Silva who had first taught him to read the alphabet (akuru kiyawala dunney). His parents had told him it was only proper that he calls on the former Chief Justice.

Namal said he was accompanied by Prof. Arjuna de Silva, a cousin of Sarath N. Silva. The former Chief Justice as everyone knows is in the midst of a tussle with the government that wants to probe his conduct during his term in the exalted office, a move the Bar Association is hotly opposing as being unconstitutional.

Sarath N. Silva is a strong critic of certain actions of the government; but it is nice to know that certain old world traditions continue.

No sympathy despite tea for Lanka's brilliant diplomat

UNFORUM, a newsletter published in New York by an Arab diplomat has the following account on Sri Lanka's senior diplomat Dr. Rohan Perera's failure to get a seat in the International Law Commission.

"Freshly packed Ceylon tea did not seem to help Sri Lankan candidate Perera to get re-elected to the International Law Commission. We hear that he was a hard-working capable diplomat, son of an experienced diplomat and former successful Senator who once served in Egypt. It is not clear; however, why anyone thought a hand-out of boxes of tea especially printed with his name would advance his cause.

"Otherwise, someone would claim that it was the Juan Valdez coffee distributed by the delegation of Columbia that ensured the success of its candidate. As is well known by now, it is the impression of the candidate and campaign efforts by the delegation of his country that would make the difference. And, regrettably, that was not good enough in the case of Dr. Perera."

Dr. Perera's defeat ought to be an eye-opener for Sri Lanka's foreign policy capabilities. He was one of the most distinguished candidates in the running for an Asian seat in the UN's International Law Commission. Chairman of UN Committees, he was an authority on international law. But, it was Sri Lanka that failed to win the seat in the UN body, not he.

President describes Attanayake as hero

Going by media accounts, United National Party General Secretary Tissa Attanayake's autobiography should be a best seller. He not only promoted it in Sri Lanka but also in Britain.

Last Wednesday, he sought and obtained a meeting with President Mahinda Rajapaksa at the Parliamentary Complex in Kotte-Sri Jayawardenapura. It was to present a copy of his autobiography.
"Mey Inney Eksath Jathika Pakshaya beragath weeraya," (Here is the hero who saved the United National Party), remarked Rajapaksa as he shook hands with Attanayake.

If there is a re-print of the book, Attanayake is sure to include those remarks from the President of Sri Lanka. Who said there was no bi-partisanship in Sri Lankan politics?

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