13 November, 2018

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Beheading Of The Chief Justice And Rizana – All Sri Lankans Are In Chains

By AHRC –

The beheading of Rizana Nafeek is symbolic of the powerless citizenry – all Sri Lankans are in chains

The 65th Anniversary of the independence of Sri Lanka occurs today and all that we are reminded of is the loss of the liberties of the people of the country. Perhaps the heroine to be remembered at this time is Rizana Nafeek who was 17-years-old when she left Sri Lanka to find employment in Saudi in order to support her poor family. Within days she was charged with a murder where no murder had, in fact, taken place. Seven years later she was beheaded for a crime which had not happened. Her government made little if no effort to save her life. The plight of most of the citizens of Sri Lanka is very similar.

Shirani Bandaranayaka CJ

On the economic front the people are struggling to do the impossible, like Rizana, to keep their families alive. On the political front the people are victims of a system in which they are powerless to influence. On the legal front they are without any protection of the law. Like the beheading of Rizana under the authority of the Saudis, the beheading of the Chief Justice of Sri Lanka at the hands of the president bespeaks of a time where reason has hardly any place and justice has become a word that people cannot associate with any positive meaning.

The freedom of speech is what sustains an independent nation. Today, the freedom of speech is considered to be the privilege of traitors. Everyone who has tried to exercise their right to the freedom of speech has paid a heavy price for it, some with their lives and others by having to go into voluntary exile. Meanwhile the rhetoric of the ‘motherland’ and the virtue of patriotism are lauded by those who rule. But what this means is that there must be a voluntary silencing of oneself about whatever evil one sees happening around the country. Those who dare to inquire into the corruption that is taking place are entering a path where they can expect no chance of protection.

Even under colonial times the citizens enjoyed the right to a legal remedy against wrongs. Those who suffered wrongs relating to their person had the benefit of investigations by criminal justice authorities and had the right to expect that the culprits would be brought to justice. This was also the case in relation to attacks on property. Today, no one can reasonably expect that there will be redress for the wrongs he or she suffers. The wrong may be rape or murder and the list of victims who have not found legal redress for such wrongs is a lengthy one and grows daily.

What are worse are attacks on property which may happen by way of land grabbing or many forms of fraud and for which there is no redress either. Some who have sought redress have become victims of enforced disappearances or worse. Others have had to take extraordinary measures to ensure their own security. Even approaching the courts with the assurance that political or other influences will not be extended into their affairs is a belief that hardly exists anymore. The general expectation is that there will be massive biased influence and those who want to get even must find a way in which to get political patronage. Even if by some chance a citizen is able to get an award from the courts in his or her favour there is no guarantee that the court order will be implemented. The recent interpretation of the law by the Supreme Court relating to the impeachment and the writ of certiorari issued by the Court of Appeal will remain as a reminder of changed times where the authority of the courts cannot be assumed.

All this comes as no surprise when the people live under a political system which they have all agreed is not suited to their country. That the executive presidential system brought about by the 1978 Constitution has caused havoc to the country is not a matter of any dispute. The incumbent president, Mahinda Rajapaksa and the former president Chandrika Kumaratunga both pledged to abolish this evil system and almost every politician and prominent citizen has echoed the same view. Indeed, there is no one that morally defends the executive presidential system. But despite of the absence of political or moral justification the system has increased its influence and remained more entrenched than ever. If there was a total contradiction between the general will that Jean Jacques Roseau spoke about and the actual government in power, Sri Lanka is a classic example of such absolute dichotomy.

A political system that exists against the general wish of the population must necessarily rely on the security apparatus for its survival. In Sri Lankan the system depends entirely on the security apparatus maintained by the Ministry of Defense which is the real source of power and which, in turn, uses the paramilitary forces and the intelligence services to maintain control. That apparatus is outside the control of the law and the judicial institutions. Once, a former junior minister of defense, Ranjan Vijerathna, told parliament, “These things cannot be done according to law”. This was a reference to dealing with counter insurgency. Today’s political ideology is such that nothing practical can be done according to the law. Acting against the law is no longer an offense or a violation but the expected course of action allowed for achieving practical ends. That the ‘end justifies the means’ has perhaps never been used to so effectively to justify the flouting of the law as is now the usual practice in Sri Lanka.

Besides the security apparatus there is the propaganda apparatus (the state media). It too is allowed to operate outside the law, morality or any kind of ethical behaviour. Character assassinations of perceived opponents of the government resorting to any kind of violations of rules of publication, the uttering of any kind of falsehood, acting in contempt of court are all permitted to the state media. It is a ‘no holds barred’ operation. Again the law and the courts can do nothing to regulate or to control the operation of this machinery.

Under these circumstances it is quite appropriate that a bishop of the Anglican Church has called upon his church to celebrate Independence Day as one of lamentation. It is a day that the citizens have to tell themselves, “Mea Culpa, Mea Culpa Mea Maxima Culpa”. Indeed, the future of Sri Lanka lies in the ability of the citizens to blame themselves for what has become of the country and themselves. It is only through a process of repentance and self examination that the citizens can develop their own internal capacity to resist the evil that prevails over them. Having to accept the blame for the loss of the lives of hundreds of thousands of people from all parts of the country, having contributed to the agonies of their families, to be responsible for allowing illegal arrest, detention, torture and ill-treatment, the denial of fair trial, the denial of freedom of association and expression and the denial of the right to elect the government of one’s choice are all things to which the citizens have contributed is no easy task. As such violence takes place there has been the plunder of national resources, the spread of illegal businesses such as the peddling of drugs causing havoc, mostly on the young, financial offenses disrupting the very social organisation itself are all things that have happened with the connivance of the people themselves.

Repentance is the only way to recover the critical spirit which, in turn, is the only way by which the minds of the people will be opened to see the truth as it is. It is only in this way that the falsehood and the misappropriation of power can be resisted.

This is not an easy task. Fake repentance and pseudo resistance only means self deception. What is required is a firm will to demand the kind of political system that matches the aspirations of the people as a whole and the rejection of a system that exists only for the benefit of a handful of people.

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Latest comments

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    Has there been a restriction imposed on the former chief justice with regard to public statements? I have not seen any statements from her after the impeachment took place. Perhaps she has decided to remain silent?

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      She is very professional,She never comes to lower garade work with media. What media done is very clear picture. But Rizana matter there are one murder & 13 judges sit on the case & the issue is minority. There country minority is under 14. But still not provided proper documets below the age, already passport is showing 21 years.The matter is toally goverment & rizanas gurdians are responsible.
      The good example is minor age incident will seen soon, Indian Medical student rape & killed there one victim is under 18 years. Now time to think what is the minor age.

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    Here is a classic.

    “Even in Colonial times inhabitants enjoyed the right to remedy through the legal system”.

    90% of our inhanitants didn’t have a clue about what was in the Colonial Rule book,let alone seeking remedy.

    Where do these dudes get Srilankan History Lessons?.

    “Today the freedom of speech is considered to be the the priviledge of traitors”

    Did’t the Aglican Bishop called for an Srilanka wide “Lament”
    on our day of Independence?.

    Didn’t Pasiakothy petitioned the Supreme Court agaist the our MPs and their descisions of the People’sAssembly of the Republic of Srilanka?.

    Diaspora and their Colombo Elite should engage better Media spokespersonnel if they want a real bang for their buck.

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    If I may respond to Mr Pethiyagoda, my guess is this mediocrite thought the people by the tens of thousands will fill the streets to have her re-instated. The cunning Rajapakses know better. They may be crooks but they are not fools like the woman who ranted “I am with the people. Please save the three of us” What a choice for that high post?
    If we have laws in the country still, she will have to keep herself busy in warding off legal action on the many instances of corruption she is accused of. Will the process of law take its course in this Land like No other or is it again one law for one section of society and another for the influential.

    Senguttuvan

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    President Rajapakse is planning to hire British and International Law firms,foreign advocacy and activists groups,legal aid and consulting firms, Lobbying groups, advertising and media houses, and plan to spend untold amount of foreign currency to fight next March UNHR session.

    Also MR plan to buy out many UN foreign ministries paying untold amount of foreign exchange, similar to the One and a half million US Dollars paid to Ugandan UN rep.
    Also Sri Lanka’s Marxist party Janatha Vimukthi Peramuna (JVP) says the government is engaged in offering economic bribes to members of the international community in order to overcome the pressure posed by them.
    Please read following web.
    http://www.colombopage.com/archive_13A/Feb04_1359992591JR.php

    Also during the Sri Lanka 65 year Independence church service the Anglican Bishop of Colombo Rt. Reverend Dhiloraj Canagasabey called Christians yesterday to be prophets who speak out against unjust systems.

    http://www.ft.lk/2013/02/05/bishop-asks-christians-to-speak-out-against-injustice/

    Therefore unless all country loving citizens speak against unjust while speak openly for their rights, liberty and freedom, MR will use all his weapons to silance the mases with fake patriotism.

    What my prediction is….. I AM MUCH POSITIVE NOW THAN EVER WITH ALL THESE SPENDING AT UNHR STILL NORTH IS GOING TO BE A CENTRAL TAMIL HOMELAND AND ALSO REST OF THE COUNTR’S FUTURE IS UNPREDICTABLE.\

    NONE WILL BE ABLE TO STOP IT……..AND ALL HAPPENED DUE TO MARA’S BLUNDER.

    MR SPOILT THE SOUP AFTER WINNING THE WAR AND NOW THE SINHALA PEOPLE ARE HELPLESS AND THEY WILL BE THE MINORITY IN FUTURE SRI LANKA.

    TAKE MY WORD TODAY.

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      You are right. The Sinhala people should make efforts to return to implement their Buddist teachings of communal harmony.

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    House of Saud (Black’s of evil) equivalent to the House of RajaPakse (King’s Party) The House Of Sauds (Excluding Citizens of Arabia) do not care two Hoots what the rest of the world think of them. One has to know them and live with them to know their psyche. They were planted in power by the zionists and their family alliance with zionism is a well documented fact to this day. History and current bahaviour is one of the evidences that supports this view. It is well known fact that their Justice system is Tribal, falsely claiming as Islamic Shariah to hoodwink it’s citizens and the rest of the Islamic world. Comparing The House of Sauds with Sanity is pure insanity.

    Despots and Dictators are accountable and will face humiliation in time just as the many of them experienced in recent history. Is the King’s Party moving in the direction of the Black’s of Evil.

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      Of couse yes. This is the way all dictators in the past, present and future survive and pass their dynasty to next generations.

      While House of Saud seek the protection from Zionists military power to safeguard it’s dynasty, they also seek Tribal justice with fake Sharia Law to keep citizens ever suppressed and uprise against the dynasty.

      Similarly Rajapakse family dynasty while seek China protection to safe guard it from foreign invasion and UN allegations, it uses local Buddhist exeremist Sinhala Clergy terrorist groups such as Bodu Bala Sena, and Jathika Hela Urumaya from internal uprising.

      Mahinda Regime gave endless land to these terriorist Buddhist monks, luxury cars, Building endless Pansalas, buildings,tallest buddha statutes in the world,giving Air tickets and foreign travel,endless dana to buddhist monks, building Buddhist university in Sanchi in India etc…all to get the Buddhist sinhala extrremist monks and their groups support for the MR dictator regime.

      Mahinda Rajapakse also gives all the best properties throughout Sri Lanka to China almost Free and for Pennies. Also these land are sold only to China and nobody else.

      The land that been given to China are from hambanthota, Galle, Colombo and Colombo Suburbs, Nuwara Eliya, Haputale, Kandy,Bandarawela, Batticolo, Trincomalee, Puttalam etc.

      These land have been given to put up hotels and to build tourist attractions,Commercial and business construction, Tea, vegetable and herbal cultivation,mineral excavation,farming etc….

      Please see following web siTes to see those China land allocations
      http://www.sundaytimes.lk/110116/BusinessTimes/bt09.html
      http://www.shangri-la.com/corporate/press-room/press-releases/shangri-las-hambantota-resort-spa-sri-lanka-to-open-in-2014/

      These Chinese hotels throughout Sri Lanka will be occupied by future China tourists and other Govt. sec……t officials who will come both by air and see and will stay in these Chinese owned hotels without paying a cent to Sri Lanka Government as Tourist or other revenue.

      Also see how Rajapakse sold heart of Colombo 7 Prime Land to Build China Embassy WITHOUT CAHRGING A PENNY AS TAX.

      While Rajapakse Regime sells Sri Lanka properties ONLY TO CHINA, IT ALSO BUYS CHINA ARMS BUYING AT THREE TIMES THEIR ORIGINAL PRICE (BLOATED PRICE) MAKING BILLIONS OF DOLLARS AS COMMISSION TO RAJAPAKSE REGIME.

      ALSO CURRENTLY RAJAPAKSE GIVING 100% OF IT’S CONTRACTS ONLY TO CHINA WITH ILLEGALL BLOATED PRICES SOLELY TO GET ILLEGAL MASSIVE COMMISSIONS WHICH GOES UPTO BILLIONS OF US DOLLARS, WHILE CHINA CHARGING 6% to 8% INTEREST ON THESE CONTRACTS WHEN IMF CHARGES ONLY BETWEEN 1% 2% INTEREST.

      All these Mahinda Rajapakse is doing to get China support at UN and it’s military support and to get Billions of US Dollars as Commission, while seeking China protection from both local uprising and international invasion.

      The newest Rajapakse Propaganda is saying that they are the only sole protectors of Sri Lanka and nobody else other than them could protect the countrey and it’s people.

      The next propaganda is all others who seek to find a political solution to minority issues,who seek protection, justice,to lower cost of living, freedom etc,for people are Branded as mere conspirators,collaborators of international terrorist INGO Mafia affiliates, local insurgents…..who plan to conspire and topple MARA government.

      THESE ARE THE LATEST MARA MEDIA AND GOVT. PROPAGANDA BRANDING OTHERS AS MERE TERRORIST GROUPS BOTH LOCAL OR INTERNATIONAL AND TERRORIST AFFILIATE CONSPIRATORS WHO ARE TRYING TO TOPPLE RAJAPAKSE GOVERNMENT.

      THIS IS HOW MARA TRYING TO RUN THE COUNTRY AND TO KEEP HIS DYNASTY GOING ……WHILE OPPOSITION NO BALL LEADER RANI..L WICKREMASINGHE IS EVER SLEEPING WITHOUT BRINGING ANY OF MR CORRUPTIONS TO THE PARLIAMENT OR MEDIA OR TO PEOPLE, WHILE KEEPING EVER SILENT TO TALK ON BEHALF OF PEOPLE, OR JUSTICE, STRUGGLE AND THEIR RIGHTS.

      It is our own Karma to have both these type of Govt Leaders and the opposition leaders.

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        The extend of Chinese slavery is only known to the Chinese and very soon to the Lankans. None are so hopelessly enslaved as those who falsely believe they are free.

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      Mr. Hussain Fahmy. According to ‘Senguttuvan’ you in “a disturbed mental condition”. So, how can we believe you.

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        Mohamed you are free to believe as you please.

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    Spot on.

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    So there are rational thinkers like reader Hussain Fahmy able to see matters in perspective – outside the box and unafraid of the Mafiosi that has hijacked their lot. Examples like this abound in secular
    Egypt, in the academic sections of Pakistan lead by the editorial staff of the Karachi daily “Dawn” and, of course, all over India who
    question the mentally sick who speak for the entirety. It is such men and women seeking the truth who can prove wrong anti-Islamists like Dutch Parliamentarian Girt Wilders, who, in a speech in New York a few years ago called Islam “a disturbed mental condition”

    Senguttuvan

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      Calling Islam ‘a disturbed mental condition” is nothing new. The Muslims can stomach it. The Dutch and the likes of them use the excuse of freedom of speech irresponsibly. As the famous saying goes ‘what goes around comes around’. The Muslims do have a clear goal in life. One of them is not to interfere or denigrate other faiths and beliefs. The Islamic values have served humanity in the past and it will continue to do in the future. An astronomical growth during the past 1400 years through birth and conversion. As they say the proof is in the pudding. The most serious issue is the one man show of Justice in the Island.

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