By Mahinda Rajapaksa –
Mahinda Rajapaksa
The government has introduced in Parliament, a Bill to amend the Mutual Assistance in Criminal Matters Act, No. 25 of 2002. The purpose of the original law was to facilitate cooperation between Sri Lanka and specified foreign countries in locating and identifying witnesses or suspects, the service of documents on such persons, the examination of witnesses, the obtaining of evidence, execution of requests for search and seizure, temporarily transferring a person in custody to appear as a witness, facilitation of the personal appearance of witnesses, the location of the proceeds of any criminal activity, and enforcing orders for the freezing of property etc. It applied only to specified Commonwealth countries and to other countries that had signed agreements with Sri Lanka to render mutual assistance in criminal matters.
The Bill to amend Act No: 25 of 2002 will repeal and replace entire sections of the original Act and substantially change its character. The proposed amendment will widen the applicability of the Act to every country that is a party to any international Convention that involves criminal matters. Though the original Act applied only to states, the proposed amendment will make it applicable to international organisations such as the International Criminal Court as well. It will also make documentary evidence and evidence obtained through video conferencing from persons resident in foreign countries admissible in judicial proceedings. The administrative machinery to respond expeditiously to requests from overseas is also to be expanded.
The proposed legislation complements two previous laws introduced by the present government – the Office of Missing Persons Act and the Act relating to the International Convention on Enforced Disappearances. The Office of Missing Persons is a tribunal which can examine witnesses, issue summons and hold hearings. Its officers can enter without warrant at any time of day or night, any police station, prison or military installation and seize any document or object they require for investigations. Anyone who fails or refuses to cooperate with the OMP may be punished for contempt of court. Government bodies at all levels including the armed forces and intelligence services are mandatorily required to render fullest assistance to the OMP and the provisions of the Official Secrets Act will not apply to investigations carried out by this body.
The International Convention against Enforced Disappearances which has been incorporated into the law of Sri Lanka through Act No: 5 of 2018, confers jurisdiction over offences related to enforced disappearances on all the signatories to the international Convention so that an offence committed in Sri Lanka can be tried in a foreign country as if it was an offence committed in that country. Under Articles 10, 11 and 13 of the international Convention Sri Lankans can be arrested in foreign countries and either tried in the country that makes the arrest or handed over to the International Criminal Court. Under Sections 8 and 21 of Sri Lanka’s Act No: 5 of 2018, foreign states can request the extradition of persons suspected of having committed enforced disappearances in Sri Lanka to stand trial overseas.
The Bill to amend the Mutual Assistance in Criminal Matters Act, No. 25 of 2002 complements Act No: 5 of 2018 because it would not be possible to prosecute Sri Lankans in foreign courts for offences allegedly committed in Sri Lanka unless there was a mechanism to obtain evidence from Sri Lanka. The amendments proposed to the Mutual Assistance in Criminal Matters Act of 2002 are clearly aimed at assisting foreign courts in the trial of Sri Lankans for offences allegedly committed in Sri Lanka. This is the latest betrayal by the yahapalana government. The manner in which this government has been implementing the demands of their foreign patrons should also be taken note of by the public. In August 2016, the government forcibly passed the Office of Missing Persons Bill after giving Parliament less than 40 minutes to debate it. The better part of that time was spent in arguing whether that that Bill should be taken up for debate at all because the government had pledged not to take it up on that day.
In March 2018, the government passed the Prevention of Enforced Disappearances Act No: 5 when the attention of the whole nation was focused on the Sinhala-Muslim riots that broke out in the Kandy district. They passed this law despite repeated requests from the Mahanayaka Theras and the Karaka Sangha Sabhas of all three nikayas to jettison it. On May 18 this year, on the very anniversary of the victory against the LTTE, the government gazetted the Bill to amend the Mutual Assistance in Criminal Matters Act of 2002 at a moment when the people were preoccupied with the floods that affected many parts of the country. This country has had its share of traitors in its long history, but never anyone as committed and enthusiastic in their betrayal as the present government.
Rajan Hoole / June 17, 2018
Dear Mahinda,
Although I spent my early childhood not far from you in Tangalle, you were first brought to my notice by Arjuna de Zoysa in 1988. He was then the Spokesman of the University Teachers for Human Rights formed in those days of mayhem. Some of my colleagues from the South were full of praise for you as one truly concerned about justice. This greatly influenced my thinking about you and even after the killing of the five students in Trincomalee in 2006, just after you became president, I remained hopeful. The Tigers started the war and in human terms we have to make some allowance for the situation in which you were placed.
The war is long ended and we have to make a sober appraisal towards picking up the pieces. The rule of law has to be restored. The armed forces have to be made answerable. For you as someone ambitious of becoming president once more, this hyper-patriotism of charging with betrayal any move to give justice to the civilians who lost their loved ones, has no place.
If you have not noticed, this country is slowly falling apart. At many crucial levels those in authority feel free to act arbitrarily. There is growing anarchy. A tough man like your brother may be able to use force to sweep the dirt under the carpet and make a show of order. But it will only be a show that leaves millions in tears. It will not be a country worth being a ruler of, if you value a good name.
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wannihami / June 17, 2018
Rajan, I consider you as a person with a balanced view and a sharp intellect. In that sense you also must realize that during a war waged by a terrorist army (in this case the LTTE) the state armed forces have the responsibility to fight the enemy aka LTTE. If that happened in any other country in the world would you say that the innocent civilians have to be protected by the state, and that is what happened in Sri Lanka, it is only if you consider the LTTE to be freedom fighters that you can argue what the State did was wrong, and you and I both know LTTE were a outfit of ruthless terrorists and nothing else.
As you may also realize Mahinda and Gota can bring stability to the island again, revenge and seeking vengeance has no happy endings (nahi verane verani) and therefore we do need to move on, and that Rajan is not sweeping the dirt under the proverbial carpet.
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Native Vedda / June 17, 2018
wannihami
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“Rajan, I consider you as a person with a balanced view and a sharp intellect.”
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As opposed to you.
I agree.
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“As you may also realize Mahinda and Gota can bring stability to the island again, “
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Maybe when they finally completed their project, reduced the population by 99.99% either, making them disappear or deporting them, or making them voluntarily leave the island.
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Are you planning to share the island its beauty and its resources with Dr Gota alone?
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nimal fernando / June 17, 2018
Mahinda,
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Great writing, man ……….10/10
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Never knew you could read or write …………. what else can you do? ………… Can you count up to 18 billion? ………..Spell Lasantha?
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My vote is for you if you can also dance the Baila.
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oldcodger / June 17, 2018
Nimal,
Hey, give Mahinda a break will you? Haven’t you seen him making rousing speeches in Tamil?
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nimal fernando / June 18, 2018
“speeches in Tamil”
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In SL …….. Tamil is the language of love!
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At election time the “Sinhalese” want the Tamil/Muslim vote ……. then they are our brothers/sisters …….. mothers/fathers …….. uncles/aunts ……….. shower them with love ……….. there’s so much love around I don’t know how the Tamils/Muslims cope with it. ………. If gals showered me with that much of love I’ll surely run for cover ……..
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After the elections ………. Burn Baby Burn!
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What would Lanka be if there were no Lankans? ………. Some nights I stay awake and wonder …………….
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Raman / June 17, 2018
Mr. Wannihami,
” In that sense you also must realize that during a war waged by a terrorist army (in this case the LTTE) the state armed forces have the responsibility to fight the enemy aka LTTE”
OK, but what has the above got to do with randomly killing schoolboys ? Would you say the same if they were YOUR children?
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wannihami / June 18, 2018
Raman, point taken, even if they were LTTE cadres I would not want them to be killed if they were my children. LTTE did recruit school age minors and if they were cadres of the LTTE then they were terrorists, and therefore state could say they defended the civilians from those terrorists. You probably remember many Sinhala school children were killed by the Sinhala paramilitary in the years of terror and no NGOs cried for them because they were of the majority, and we moved on, sad but it works.
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Raman / June 18, 2018
Mr. Wannihamy,
“You probably remember many Sinhala school children were killed by the Sinhala paramilitary in the years of terror and no NGOs cried for them because they were of the majority, and we moved on, sad but it works.”
Not quite accurate. One young fellow called Mahinda Rajapaksa went all the way to Geneva to present the case. In 1971, Amnesty made a lot of noise.
There is NO evidence that the students were LTTE recruits.
At least the particular perpetrators should be punished (as in the Premawathi manamperi case). Otherswise one must conclude that justice is only for the majority.
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Shenal / June 18, 2018
Rajan Hoole,
Why only the armed forces? Why don’t you advocate for inquests about TNA MPs, various NGO characters and most of all the pardoned LTTE terrorists? Partial bias is not going to help the country in anyway. It will only increase the distrust between communities. We must bury the hatchet and look forward to the future rather than digging up old graves.
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sach / June 18, 2018
Any soldier who committed a crime should be punished. There is no doubt in that. But armed forces cannot be punished for defeating a terrorist organisation and bruising someone’s ethnic ego.
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gamini / June 17, 2018
Looks like that now DJ donkey is sitting on the fence to jump the band wagon for a Diplomatic posting, MR is left with GL donkey to do the write ups for MR. I wonder whether MR understand what has been written.
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Leelawathi / June 17, 2018
As those who know it well – MR is not educated enough to get what the both write and spread.
MR is no qualified to do any kind of clerical work. He is good at killing plots as no others.
Born rascals would never be away from their cirminals energies even if they become older.
His profile is closely connected that of late Gadafi who was dead found on a drain.
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nimal fernando / June 17, 2018
gamini,
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No point in calling others donkeys ……… when your friend Ranil is the biggest donkey for letting down the voters and doing deals with the Rajapakses to protect them.
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When Rajapakses are back the spineless imbecile Ranil will go back to drinking coffee with the Rajapakses as if nothing has happened ………… while millions of voters who voted for him will be left at the mercy of Rajapaksa goons
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The biggest villains of the piece are Ranil and Sirisena ……….. for leading the voters up the garden path and letting them down so badly.
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Ajith / June 17, 2018
Mahinda,
Can you please give answer to the following question?
Do you know who killed Lasantha? Why couldn’t you find the killer of Lasantha during your time of presidency? Why should people trust you who cannot find a killer of a journalist who was murdered in a daylight in front of military camp?
in 1989-90’s you made several visits to UN asking for interfere against the missing persons by the Srilankan military. Why couldn’t you take action against those who violate human rights during your presidency?
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Simon De Silva / June 17, 2018
This proven Thakkadiya (mafia boss)would twist anything and everything in favour of his future plans which is to come back to power and ruin the nation from where he stopped.
From what I read by date, peoples have almost been forgetting all what they went through Mugabian style of Rajapakshe era until 2015.
Alone the man who hoodwinked the gulliable rural folks on and on to have the audacity to add ” today the law and order has been fallen to all depths,that is why for exmaple KIRIWEHERA priest was gunned down lately”. is beyond all resposible nature.
As is the case with Wimal Ponnaya Buurwasne s mouth piece what come out of MR#s rotten mouth piece has no value at all. Lanken soceity is deteriorating and the wording the bugger used to use on the public stage are beyond all ethics and morals.
So the gallery would easily follow the bugger s acts. I have no doubt, the country would be marching into an anarchy if the bugger would have been the next leader elected.
I am so fed up of not being able to see, that nohting moves as we expected inthe home country.
Premadas was punished by nature, why th enature seems to be mum on Rajapakshe s abusive politics by today ? Is the puzzle to me by today.
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Estate Labourer / June 17, 2018
According to you, all those progressive laws are bad laws. Your government jettisoned many of the good laws, refused to repeal any of the bad laws and kept enacting more obnoxious laws. The only laws that you approve of are those that promote your own interests and goals.
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Thassim / June 17, 2018
Greed for power was your downfall. Even people in the South said in 2014-2015 before you LOST “salli num labeema kiyamoku; habai mey baleyta thanhaawa nisa api viruddhai”. Same everywhere back then and still true. You cannot win the Presidential election because RW will be the candidate of choice. They have 30% of the Sinhala vote and 99% of the Tamil and Moor vote. So he will win. What it will do is throw more egg on your face. Step down and retire. No one believes your brother Basil with failed O-levels was honest. Everyone knows you guys enriched yourselves. But at least while becoming rich, you did a lot for the infrastructure; except the massive waste of money for Mattala and Hambantota to stamp your name. Go home and retire. No one begrudges your fornicating ways you did in Kandy. Badu gahanna oney num Sir; hukanna gannunta boruwata sil samaadan wenawaagey. Arrogance led to night races with prostitutes. useless corpse brother in law Chairman SriLankan Airlines(thanks to Viagra for him); tea thief nephew Ambassador to US; other thief Ambassador to Russia. For the same of the Buddha go home and retire. Get off this saviour complex you have.
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Raj / June 17, 2018
Mahinda old pal
If I am not mistaken, you are a lawyer & during the JVP intimidation period, you sought justice for the missing persons, believed to be bumped off by the ruling regime, by appealing to the UN in Geneva but now you are against foreign intervention & the alleged powers given to Office of the Missing Persons. Also , if I remember correctly, you were not vocal when it came to intimidation, violence & murder of innocent civilians by the JVP. So it seems to me that your fight at that time was one sided, the objective being to get personal political mileage, & now, you are trying the same strategy to get you & your family back in to power by appealing to the masses of your ‘patriotism’.
People have short memories but, despite your hypocrisy, I am sure there are many who hold you responsible for the current deterioration (& collapse) of law & order, the corruption of the judiciary & the rise of thuggery by political patronage.
Every citizen is entitled to justice & vigilantism or crimes committed during combat should not be condoned. Hitler & his cronies committed atrocious crimes against humanity & most of those responsible, including low ranking officers were found guilty of war crimes. Since then, many so-called ‘patriotic’ leaders have faced charges at the Hague. It’s not only those who actually committed the crime but those in high places who gave the order are equally responsible. Is that why you are so concerned now? By the way, just in case you are confused about war heroes, those who commit war crimes are not heroes, it’s an insult to the real heroes who fought bravely in battle.
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K.Pillai / June 17, 2018
MS has said again and again that wrong-doers will NOT be tried in a foreign court. Yet this man MR raises the spectre yet again. On his behalf SLPP has raised the spectre of separation. He goes round saying that 99% of the minorities do not support him – he must instead ask himself “Why?”.
MR has the unholy knack to make people forget the principal bane – corruption/nepotism/impunity!
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Mallaiyuran / June 18, 2018
GLP is a very poor Law Professor. This essay is beyond a down fall. Any professor who takes a subject first talks about the fundamentals of that subject. This could be applicable even for dry subjects like math. Then, they may get in the aspect they want to elaborate. – Then the good and the bad and the conclusion.
Here, this is what GLP’s conduct. He saw an unusually beautiful woman. He, ablaze by jealous, doesn’t want to adore but to prove she as ugly. So start like “Look look look at the hair… See the eyes? What is this face? man! whole shape.. what an ugly lump this person… That is why I already told that she is very ugly”
What kind of a fool he is to pretend like the proposed law is wrong, but could not point one single reason to show the effects of that law is going to be bad. The same way, earlier too he wrote an easy about OMP, but never explained anything all in that.
Instead this dumb attempt, he should have explain why Old Royals are denying the news appeared at least in two major dailies. The Island claimed that it verified with American embassy the Kalaikkathir’s story. Island found it was reasonably good news. The additional part Island said was about Under Secretary Biswal, who even appeared in Rupavahini’s morning programs to bring a cultural connection between the countries(, and her mate Samantha, UN ambassador played games with a Muslim School girls, who appeared enjoying the game even in the rain. The end was Lankawe could not be up lifted. But the Cad Murderer Old Brother Prince described Biswal as an unprofessional woman. This part too, Island claimed that ” Following the meeting with Biswal before she left for Jaffna, Gotabhaya Rajapaksa told The Island that the official hadn’t been properly briefed by the US Embassy in Colombo.” . Can GLP comment on Kalaikathir and Island?
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Vipula Samarasinghe / June 19, 2018
Hahahaha,Mahinda Rajapaksa has written this article AND in English?The chap cannot write two words in the Queen’s language let alone a sentence or definitely a paragraph.
Mahinda is a high school drop out who thankfully to Mrs Bandaranaike was given a leg up to go to Law College with grade 8 qualifications.Come to think of it the entire Chena cultivator class Rajapaksa family are all high school dropouts.It includes the children too.Good examples of the 2nd generation are Synthetic Lawyer Namal , Gonna Yoshitha and Rocket Rohitha.Who are these Morons. trying to fool?
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Lion / June 19, 2018
The Deputy Minister of Law & Order last evening ( 18th June ) announced that this Bill scheduled to be presented to parliament on Tuesday 19 th June for approval will not be presented as planned and would be done on another date.
The same evening MR spoke to the Media from Anuradhapura last evening and said that this Bill should be defeated as it could have serious repercussions on the armed forces as they could be charged on War crime allegations and demand extradition by the Country the case is being heard.. haak..haak..haak..
It is obvious the objective of preventing this Bill becoming Law is not due to the love MR has for the Security Forces but mainly to prevent the possible arrest of Gotabaya Rajapaksha ,who is a Citizen of the USA, by the present or a future Govt of Sri Lanka for alleged crimes committed…aiding & abetting Criminal activities carried out by the armed forces under him whilst being a Civil Servant, the Secretary to Defense, paid by the Govt of Sri Lanka…
MR then hit a sixer….he has personally spoken to Udayanga Weeratunge who would come to Sri Lanka very soon at his request to appear in Court over the famous MIG Deal…
Then the media highlighted the importance of this Bill becoming law to get Arjuna Mahendran extradited to Sri Lanka over the Bond Scam….this shameless Man MR who was the President of this Country for 10 years said that as much as he is taking personal responsibility…interest to get down Udayanga Weeratunge ….RW being the PM also should speak to Arjuna Mahendran on a personal level because he is a friend of RW..and request him to come to Sri Lanka …
Who is preventing Udayanga Weeratunge…? Who is preventing the extradition of Arjuna Mahendran from Singapore..?
MR could be charged for aiding & abetting criminals to hide..and deceiving the Govt.
Now the most important question ….WHO IS RULING THIS COUNTRY..?
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Punchi Point / June 20, 2018
Tamil Whining choir and Mahinda Rajapaksha somehow manage to keep this constant arguments about war-crimes and killings killings and utter killings and the numbers killed etc. Why don’t the Tamils get over with it, by giving a list of the names of the victims with their Names, Birth Certificates and if possible National Identity Card numbers and the day the supposed killing happened and how it happened etc, and file a cases for each of the killings and lets see what Mahinda has to say then? Remember that a person can die only once, when making your list.
Its almost a since the end of the war, please get over with these number games and accusations from both sides. The UN must give a deadline to make a list of the socalled killed Tamils. So, the Tamil whining choir should stop whining and start making a solid list of killed persons. Showing pictures of a dead woman or man and claiming that 80,000 to 300,000 were killed is not credible at all. Also, however much you whine, you have lost the war, so lick your sores and move on.
Loved ones of real victims of war need closure. Giving justice to real victims of the war is not betraying the war heroes, on the other hand not giving justice to the real war victims is definitely a betrayal of war heroes. Hope Mahinda Rajapaksha understands that.
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