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1st August 1999

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The last rites of the co-author of the Devolution Package:
Dr. Tiruchelvam's sons at the funeral rites at Kanatta yesterday.
Hundreds gathered at the funeral of the TULF leader who was
assassinated by a suicide bomber in Colombo on Wednesday.
See page 2 for related stories (Pic J. Weerasekara)
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Wanni's GAs fired in war of words

By Chris Kamalendran

Government Agents of the Mullaitivu and Kilinochchi districts have been removed from their posts for allegedly bringing the government into disrepute by issuing contradictory statements to the foreign media on the plight of displaced people in the uncleared areas of the Wanni.

Mullaitivu Govt. Agent Ramasamy Dharmakulasingham and Kilinochchi's T. Rasanayagam on Friday night were ordered to report back to the Ministry of Public Administration in Colombo with immediate effect — as the Army and the LTTE were still deadlocked over the opening of a civilian security and supply route amidst reports that the displaced people were facing serious shortages of food and medicine.

The two GAs in recent comments had allegedly contradicted the government figures on the food situation and had claimed that food was not coming into the uncleared areas of the Wanni due to the failure to open a supply route.

Currently the two GAs are in the LTTE controlled area and would need permission from the LTTE to leave the areas. The government is reported to be concerned that the LTTE is making use of the comments by the two GAs to carry out international propaganda against Sri Lanka.

The Defence Ministry in the past fortnight has issued a series of statements blaming the LTTE for its failure to respond to a proposal to set up a Civilian Safety Zone (CSZ) to send food supplies to the Wanni. The Sunday Times learns that the new GAs to be appointed to these districts would be directed from Colombo with instructions from the military.


Presidential security for TULF leaders

By The Sunday Times Political Editor

As the Government moved in swiftly to upgrade security for the remaining hierarchy of the Tamil United Liberation Front in the wake of Thursday's assassination of its chief protagonist Neelan Tiruchelvam, international reaction poured in condemning his murder.

The LTTE was the prime, if not the only suspect in the 55-year-old Dr. Tiruchelvam's killing.

The Government's re-introduction of the constitutional reforms package of which Dr. Tiruchelvam was known to be a key player and co-author is widely interpreted as the LTTE's motive to strike at this juncture.

But Dr. Tiruchelvam is also known to have scheduled a lecture tour of the United States in the coming days. The TULF's moderate views would have cut across some of the propaganda the pro-LTTE extremist elements of the Tamil diaspora would have already disseminated.

US President Bill Clinton led an international outpouring of grief and anger at the murder of Dr.

Tiruchelvam, the TULF's singular think-tank.

"Neelan Tiruchelvam was a constitutional lawyer and human rights advocate who was well-known and well respected far beyond his country. He devoted himself to seeking a peaceful and just solution to the tragic conflict that has caused so much bloodshed in Sri Lanka," the US President said.

Other international leaders and organisations that issued statements included UN Secretary General Koffi Annan ,the UN High Commissioner for Human Rights and Amnesty International.

Dr. Tiruchelvam's murder has been viewed as a setback to the PA administration's plans to push through a devolution package before neutralising the LTTE.

Political analysts believe it is the non-LTTE Tamil politicians who would continue to be at the receiving end of physical elimination at the hands of the LTTE in such a scenario.

Yesterday the Presidential Security Division (PSD) was moved to provide security to the TULF General Secretary R. Sambanthan replacing the Ministerial Security Division which provides security to cabinet ministers, and which provided security to Dr. Tiruchelvam.

As Government decided on increased security measures to counter Tiger guerrilla threats in the city, a manhunt is on to track down six guerrilla infiltrators said to be on suicide missions to attack VIP or economic targets.The move came as CID and city police teams continued extensive investigations into Thursday's suicide bomb attack on Dr. Tiruchelvam. Senior police officials investigating Dr. Tiruchelvam's assassination believe the suicide bomber was a member of the seven-strong suicide bomb squad. He is said to be a native of Jaffna and fuller details are now being probed.

While the investigations into the incident continue, Police Chief Lucky Kodituwakku has directed Senior DIG (Crimes) H.M.G.B. Kotakadeniya to conduct a separate inquiry to identify the security lapses that may have led to Dr. Tiruchelvam's death. This was particularly in view of intelligence warnings of an impending attack both by the Directorate of Internal Intelligence (DII) and Military Intelligence (MI).

On Friday, Deputy Defence Minister Anuruddha Ratwatte chaired a top level conference to review security measures in the city. Besides top level military and Police officials, sector commanders responsible for security in various areas of the city and suburbs also attended the conference. The President was unable to preside over the meeting due to another engagement. (Please see Situation Report for more details.)

Commander of Operations Command, Colombo, Major General Susil Chandrapala, briefed the conference on the security measures already in force in the city. Defence sources said yesterday that several new measures to further tighten security in the city would soon be enforced. These sources, however, declined to give details.

Dr. Tiruchelvam's assassination — exactly 24 years and two days to the date in 1976 when one of the earliest LTTE victims, Jaffna Mayor Alfred Duraiappah was murdered (see situation report on page 10) — has provoked the wrath of Tamil political parties which have damned the LTTE as "barbaric fascists".

But TULF's own R. Sambanthan refrained from making any references to the LTTE doing in his funeral oration last evening at Colombo's General Cemetery. There was no word from any of the LTTE headquarters in the Wanni, London, Paris or Bonn about the assassination.


Govt. shy of media debate

The Government has backed down from supporting a highly-praised all-party motion proposing the repeal of criminal defamation laws and the introduction of a freedom of information act.

Opposition UNP Leader Ranil Wickremesinghe had proposed that the motion be taken up for debate on Friday. Government members had initially agreed, but Leader of the House and Minister Ratnasiri Wickramanayake has now written to Mr. Wickremesinghe saying the government was not agreeable to discuss this motion at this stage. Mr. Wickremanayake had earlier agreed to the debate, subject to Cabinet approval. The Sunday Times learns that the Cabinet has now decided to opt out on the debate, though the motion is on the order book.

Earlier Mr. Wickremesinghe and eight other MPs including Lalith Front leader Srimani Athulathmudali, LSSP rebel Vasudeva Nanayakkara and other MPs submitted the motion which sought to give legal effect to the R.K.W.Goonasekara committee report on media law reforms.

The Sri Lanka Muslim Congress said it would support the reforms after assessing the proposals. SLMC Gen. Secretary Rauf Hakeem said the party would support any worthwhile media reforms. "We are for reforms but originally we did not sign the memorandum because of the Select Committee, but we will always support media reforms," he said.


Dismissed judge back on bench

By Our Legal Correspondent

The Judicial Services Commission (JSC) has overturned a decision by its own disciplinary committee recommending the removal of a judge for wrongful conduct — as lawyers moved a resolution yesterday urging the Chief Justice to act according to those recommendations.

The JSC headed by Chief Justice G.P.S. de Silva upheld an appeal on behalf of District Judge Upali Abeyratne and argued by Faiz Mustapha PC, and re-instated him on the bench after a three-member JSC disciplinary committee appointed to probe the judge, unanimously found him guilty of misconduct.

The charge against the judge was that while he was Additional District judge of Colombo, he had removed the name of current Attorney General Sarath Silva as a co-respondent in a divorce case.

The three members of the committee headed by current Supreme Court judge Ameer Ismail held that the judge was guilty of wrongful conduct, and recommended that judge Abeyratne be sent on retirement without a pension — a move considered as a sacking in the public service.

The judge appealed to the JSC headed by the Chief Justice and comprising Justices Priyantha Perera and Lakshman Weerasekera. His Counsel argued that the judge had not acted dishonestly, and that if at all, he had only made an error in the law, for which he cannot be sacked.

The JSC upheld the argument and re-instated the judge. However, the JSC also said it agreed with the findings of the disciplinary committee, but only disagreed with the punishment.

As a consequence of the appeal, the JSC withheld promotion of the judge for two years, and transferred him to Monaragala instead as District judge.

The Bar Council, the apex body of the Bar Association of Sri Lanka which represents practising lawyers, however passed a resolution yesterday urging the Chief Justice and the JSC to re consider their decision and to go along with the recommendations of the disciplinary committee to uphold the dignity of the legal profession.

The Bar Council also passed several other resolutions including one urging the Chief Justice to implement the recommendations of yet another JSC disciplinary committee that has found Magistrate Lenin Ratnayake guilty of charges framed against him.

The JSC disciplinary committee probing Magistrate Ratnayake is learnt to have also recommended his retirement without a pension.

Three other resolutions passed by the Bar Council yesterday urged President Chandrika Kumaratunga to act on the recommendations of the JSC and permit High Court Judge Mahanama Thillekerathne to resume duties; to request the President to promote the senior most District Judge, Mervyn Wijetunga to the existing High Court vacancy, or to act on the recommendations of the JSC to fill the vacancy in the High Court immediately; and to fill a month-long vacancy in the Central Province High Court immediately.


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