23 September, 2019

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Lies And Bluster Will Not Work Any More

By Kishali Pinto-Jayawardena –

Kishali Pinto-Jayawardena

Kishali Pinto-Jayawardena

For long, it had been blissfully believed by this Government that the deliberate undermining of Sri Lanka’s systems of justice could be covered up by outright lies and bluster on the one hand coupled with the resurrection of the eternal bogeyman of the Liberation Tigers of Tamil Eelam (LTTE) on the other.

Lying worked to some extent before

This was a simple strategy which seemed to work well at first. Post-war, the aggravated militarisation of law enforcement and the centralisation of power in the Office of the Presidency went almost unnoticed as it were. Protests at the passing of the 18th Amendment to the Constitution were muted, except from the same old voices in the wilderness. A misguided few advocated in fact that Sri Lanka needed a benevolent dictator regardless of the fact that the terms ‘benevolent’ and ‘dictator’ were inherently and dangerously contradictory of each other.

A signal marker was the lamentable acquiescence of the Supreme Court to the 18th Amendment by a Bench (as we must not forget) presided over by a Chief Justice who was later witch-hunted out of office when the smallest judicial murmur was made regarding constitutional propriety to a Presidency grown bloated with post-war arrogance. The rapid politicisation of the Sri Lankan judiciary, evidenced most particularly from 1999, thus came to its inevitable head.

Factors leading to the March  2014 Resolution

As internal systems lost their integrity, Tamil and Muslim minorities became the focus of violent intimidation by self-styled protectors of Buddhism but whose very actions and behaviour confounded basic Buddhist precepts. And the Weliweriya violence showed the Sinhala majority that the glossy ideal of the protective Chinthanaya was a grave misconception. These lessons are now being learnt by Sinhala villagers from Horana to the deep South, month by month, as livelihood battles over water and land take central place.

These were all factors that led finally to the March 2014 Resolution by the United Nations Human Rights Council which has put Sri Lanka into the middle of an external inquiry on accountability issues.

Yet even with this formidable danger looming over its head, this Government appears to be under the impression that lies can still serve its cause. This is very well seen when one peruses the formal response submitted to the Council by the Government reacting to the 24th February report presented to the Council by the Office of the High Commissioner for Human Rights (OHCHR, A/HRC/25/23). This OHCHR report was heavily relied upon by the Council in the passing of the Resolution.

Government report is a shameful exercise

Shorn of numerous references to ‘categorical rejections’ (of the OHCHR stance) which liberally splatter this document, the Government’s report thereto (A/HRC/25/G/9), is a shameful exercise in pure chicanery. Even as a matter of strategy, the assertions made in this report are easily refuted.  Quite laughably for instance, the Government response to the Weliweriya incident is to claim that the protestors turned violent.

And its reaction to attacks on media personnel is to claim that arrangements will be made for complaints to be lodged before the Press Council (see para 44). This is an unacceptable claim. The Press Council is a body that is not accepted by the media industry due to its supremely pro-government composition. Objections have been raised in regard to the appointment process itself. It is preposterous therefore that the Government makes these claims in an official response to the most critical United Nations report ever to come its way in decades.

Is it because of a misguided belief that these claims will not be examined for their veracity? Or is it due to wishful thinking that foreigners will not venture into the nitty-gritty of local systems? These are beliefs that should be discarded forthwith. Through our own monumental folly, we have placed ourselves in a situation where such outside intervention is now a reality. Lying may have been resorted to as a convenient practice in the past. This is no longer a viable option.

Constitutional theory is no  longer relevant

Indeed, the Government’s response is marked by further absurdities which are too long to be dealt with in these column spaces.  A large part of the response is devoted to refuting the position that Sri Lanka does not have a functional system of justice. We have copious paragraphs citing constitutional provisions.

But the Constitution is now not of any use in Sri Lanka. Surely we know that well? There is therefore little point in quoting it chapter and verse. Instead, what will be looked at is actual judicial performance in restraining arbitrary government action. Solid facts and figures will be important, not constitutional theory.

So what has been the record of the post-2009 Sri Lanka Supreme Court in that respect? How many fundamental rights actions have been decided against the executive and the legislature? How many habeas corpus actions have been determined to afford victims relief? What happened to the applications lodged by victims including those Tamil prisoners who died in the Vavuniya prison incident of 2013? Pleas of family members for redress were, as is a matter of record, literally tossed out of court.

The measure will be substantive  performance

The same logic applies to criminal prosecutions, whether in regard to horrific incidents such as the 2006 Trincomalee killings of students or the murders of the 17 aid workers that same year. Rhetoric on the importance of legal standards such as the burden of proof, (which the Government has indulged in to its hearts’ content in the response), or even the promised enactment of a victim and witness protection law will not help much.

Substantive performance in regard to restoring constitutional values and the Rule of Law is the measure against which this Government will be held to account. Unfortunately for this country and its suffering people, (barring a miracle), it requires little effort to predict the outcome of this process.

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Latest comments

  • 4
    3

    Dear Kishali Pinto-Jayawardena –

    RE:Lies And Bluster Will Not Work Any More? Well UDA lied Russian lied etc. and Lanka lied along with LTTE too.

    “For long, it had been blissfully believed by this Government that the deliberate undermining of Sri Lanka’s systems of justice could be covered up by outright lies and bluster on the one hand coupled with the resurrection of the eternal bogeyman of the Liberation Tigers of Tamil Eelam (LTTE) on the other.”

    YOU SAY Lies And Bluster Will Not Work Any More? Wrong .
    Monk Mahanama has been lying got a long time , and it has worked for Sinhala “Buddhists”.

    Priests, Monks, Mullahs and others have been lying for a long time, and they have a thriving business in Religion. Why can’t polititians do the same?

    Haven’t you heard the expression a ‘Sucker is born Every minute” ?

    There are loads of them to pick from…

    • 8
      2

      Kishali Pinto-Jayawardena,

      You can add the Mahanayake below to your list of liars from the state, government, and the Buddhist institutions. –The whole ruling establishment.

      “The Mahanayaka Thero told Ambassador Sison that inaccurate information regarding the country had been spread abroad and even claimed that all reports of Buddhist monks engaging in any activities against other religions were incorrect. ” — Lankasri News

      Another liar above!

      • 3
        0

        Thiru,

        “The Mahanayaka Thero…………”

        So, the tradition of lying started by Monk Mahanama of Mahawansa STILL continues with Sinhala “Buddhist” Monks, and of course the politicians and others as well.

        So, Sri Lanka, the original Native Land of Native Veddah has been turned into a Lying Sinhala “Buddhist” Island by the Para-Sinhala “Buddhist” Monks since Monk Mahanama.

        Very interesting. Did the enlightened Buddha teach to lie?

    • 2
      0

      For Your information

      Lies And Bluster Work Together….

      ALAC ADVERT flv1

      Transparency International Sri Lanka·15 videos

      https://www.youtube.com/watch?v=L6LGdhRCPgw&feature=youtu.be

    • 1
      0

      Suckers the LICE and the BLISTSERS it promote will suffice for an itch and the scratch to follow.

  • 3
    9

    woo hoo for pinto . dont break out the champaigne yet

    • 2
      1

      Abhaya:
      Your attempt to be sophisticated is somewhat marred by an inability to even spell the name of the French “bubbly” correctly! In the circumstances, I suggest you take my pseudonym as a greeting to YOU.

      • 1
        1

        palayang pako yannda

  • 4
    6

    The essence of this article is what ever the GOSL does or say is a lie. This not something unique to gov. of SL. Every gov. lie! Ask this question from any citizen of the US and UK and listen to what they say.

    • 7
      2

      This is interesting. Even very interesting.

      The good Eusense that go on saying being against corruption of current rulers, here name Ms Pinto as a liar. How come ?
      What matter is the degree of lies and corruption made by a govt ?
      White lies & strategies of unique kind should be part of their politics. But things that seem to have gone wrong being based on stupidity and lies can work for a hugely illiterate nation not to lankens.
      DJ himself has added a very good remark about the blatant lies that the govt to have included in their rebuttal in UNHRC sesssion lately. It was about Rathupaswala unarmed protestors to have stolen the weapons of govt forces. Latter was, DJ further confirmed, not found in local media. This they authorities thorught was appropriate to paint the nicer picture to the world as to why govt decided to deploy army forces killing those 3 and hurting hundreds of protesters.

      • 3
        3

        Siri,
        It is obvious that you can’t read and comprehend! Where did I say This woman is a liar? Where did I say I support corruption? Answer and explain to me, You can’t always avoid answering my questions and slander my statements like this.

        • 0
          0

          Yes, you may be right, it was an overreaction due to my hectic working schedules these days. Applogies, but this means not that I agree with you adding supportive comments in favour of SLGO.

          • 0
            0

            SiriI,
            It does not matter to me whether you support me or the GOSL or the Tamil diaspora. What I am doing first, is trying to protect SL from any type of destabilization that is being attempted by a bunch of pro terrorist Tamil diaspora. Next, I would take on MR for his corrupt activities. I hope you have the wisdom to identify these as two separate issues.

    • 6
      2

      Eusense – The essence of your comment/s is that you have portrayed yourself as a bloody nuisance. Ask this question yourself. Makes sense?

      • 6
        2

        I really dont know what goes through the heads of Eusense and the ilk when repeatedly attack the others being only alert on their nationalistic agendas. If surveys would confirm the EUSENSESs are the majority in the country – sure we could wait decades long for any kind of permanent peace.

        Eusense, where have you been living ? In Sl or out of the country ?

        • 3
          2

          Siri,
          The more you write the more you expose your self!

          • 0
            0

            Eusense,
            more you add your racial based comments, more harm there will be.Mostly your comments are based on your race(our race). May be you have not lived anywhere else. It is really sad to see you and your ilk behave further so.

      • 6
        1

        mike
        Without writing trash and calling names why don’t you make a rebuttal for what I said?
        When people use words like “nuisance”, ” bloody nuisance” “nonsense” Etc. etc. I am happy because I know I have hit them hard on their lack of intellect!

        • 2
          4

          Nonsense or Eusense, mike has rebutted what you have sad.

          What more do you want? All that you said was that the West also lies! Who the hell cares about the west lying? I am not bothered. As a Sri Lankan citizen, I care when MY government lies. And Sri Lankans damn well have a right to say that.

          • 2
            1

            Donkey at-least read prior comments before commenting. Do you think Mike calling eusense as “nonsense” is rebutting? West are the ones who is initiating actions against us in UNHRC. so their intentions and past track record is of very importance to us, who care about the future of our country. Of-course to the bitter kalu suddas who can’t entertain the idea of a leader from Hambantota nothing is more important than chasing him away.

            • 0
              1

              Oh Stupid One, mike did not call eusense as nonsense. The word that mike used was ‘nuisance’. Read his comment properly. YOU point you own advice at yourself.

              I was the one who used the word nonsense.Pointing to others’ lies and trying to escape from our own lies like this Stupid One and Nonsense tries to do deserves that kind of reply. So what do you have to say to that?

              • 1
                1

                Chandra,
                Excellent point! You are a genius. Keep writing and proving your intellect! I mean, the lack of

              • 1
                0

                ok he called Eusense a nuisance. but that doesn’t make it a rebuttal. Will the donkey get it now?

  • 4
    6

    Ok for the writer to believe everything and anything said or written against GoSL and the Rajapakses and run with it! So much for truth seeking journalism.

    • 4
      3

      Lal has to be educated that Pinto Jayawardene has only quoted established facts against the government, not lies.

      Weliweriya was an established fact. The fact that this Supreme Court under the Cheap Justice dismisses FR petitions is an established fact. The fact that the Press Council is a bum-sucker of the Maras is an established fact.

      Read what is written and understand – that is, if you can read proper English.

      • 3
        1

        Chandra:
        Do you really think any of these characters who abuse people like Kishali can read or understand any language except that from the gutter? Please don’t give them the benefit of the doubt when deciding whether they even qualify as human beings.

    • 1
      1

      Pl refute just one accusation

  • 3
    2

    KPJ living off the criticism of the Govt & running down the country.
    There is no other way she is aware……………….

    No it appears critics, NGOs & HR Orgs too living off others lies.

    Imagine all the people being NOT LIARS as envisaged by KPJ.
    What a world we would be living in…………………..

    KPJ has never lied in her whole life. A saint up for a Saint Hood.
    One for the newly formed temple of Prabakaran by S.J.Emmanuel….
    Saint KPJ of Prabakaran Temple. WTM will come to pay hosannahs.
    Holy pictures to venerate KPJ & Statues for the living Saint.
    One for the Almeida’s Chambers……………

    • 3
      3

      so the Thonda – maru liar strikes again! Lying like the Mara government its the same thing that this Thonda maru can say over and over again.

      Anyone reading KPJ’s articles will know that she is as strong a critic of the LTTE front organisations as she is of the govt. No one can accuse her on that front. So Thonda’s lies reach only his ears.

      Poor Thonda. He must be purging at a rate… so he can only talk of emannuel and prabha from whom Thonda was living off at one time!

      • 0
        2

        by the way Thondamaru, you like us to imagine a world where there are no liars. Yes, you are a liar. And your Mara who now pays you is also a liar. But don’t forget there are decent people still left in this country who are NOT liars. I was part of a public service at one point where many were decent honourable gentlemen not the things and bum-suckers now brought in by the Medamulana Maras.

        You write in strange, badly formed sentences. I am curious as to where you received your education. Or did you have any ay all? And where is your normal reference to Basil F’do which is part of the same shit that you write again and again? Did you forget it this time?

        Rewind your tune plz. Mara will not pay your salary if you don’t write your bullshit better.

  • 3
    4

    Does this [Edited out] women even know how US/UK lie to advance their agendas? Ofcourse she wouldn’t mind as long as US/UK satisfy her anti sinhala/sri lankan fantasies. Pathetic slaves!

    • 2
      4

      Who the hell cares for US and UK lies, you badly named ‘Liberal One’? We all know their lies. But what we care about is the lies uttered by our own govt. We are not UK or US citizens. Why should we care about them?

      Pathetic? You are pathetic for justifying what this bloody government does. Slaves? You are a slave to the Maras. There! Heard enough? Why don’t you change your pen name to ‘Stupid One’?

      • 3
        1

        I suggest you read the article first without rushing to the rescue of the fellow slave of west. She is saying what led to the UNHRC resolutions are our misdeeds and nothing to do with us not heeding to the calls of west to stop military actions against the tigers. After all the lies of west are relevant here isn’t it?

        • 1
          2

          So do you deny our own misdeeds, oh Ignorant and Stupid One?

          Do you deny Weliweriya? Do you deny that a woman Chief Justice was hounded and chased out by the Maras after a nonsense inquiry? Do you deny that no one was held responsible for the deaths of those innocent Trincomalee students killed by a bloodthirsty STF officer? This is a GOVERNMENT that we are talking of, not a terror outfit like the LTTE. Stupid one should know the difference. Even the LLRC had expressed surprise at the Govt’s actions. Read that report without talking through your head.

          What exactly do you deny? Please explain your stupidities? Of course it is our own misdeeds that have led us to this state. Only stupid fools will deny this. So how are the lies of the west relevant here? The west wanting us to stop military action is not the point. Whatever anyone wanted us to do or not to do, we would not have allowed foreign interference if we had been a bit less Medamulana sarong-like in our diplomacy and our so-called ways of government. THis is the simple truth. Understand that, of Stupid One!

          • 2
            1

            Donkey, this UNHRC resolution which your fellow paid anti sri lankan kalu sadda is so exited about and the subject of this discussion is sponsored by the west for their geo-political needs. West needed us to give a self governing authority to Prabakaran and now they want to give the same to TNA using war crimes charges to blackmail our leaders. Do you at-least now see the relevance of the lies of your masters now? or would you continue to slander me and our democratically elected leaders like the bitter kalu sudda you normally are?

            • 0
              2

              All these fools can do is to just say ‘donkey’ and other names and escape. The Stupid One cannot answer the main questions. Was not Weliweriya a fact? Was not hounding the Justice a fact?

              Sing a bit more for your dirt-supper, Stupid One! We can laugh. Good entertainment.

              • 0
                0

                lol look at the attempt to be all innocent now after slandering all those who didn’t agree with her all day today. Waliweriya is a fact, unfortunate deaths at a protest but not the first time in the world to happen. Now will the slow brain have the courage to accept that the lies, deceptions and underhand tactics of her pay masters are relevant here since they are the ones who sponsored the resolution against us?

                • 0
                  0

                  All innocent? Maybe in your dreams Stupid One!

                  Weliweriya was not an unfortunate single incident but a pattern by your paymasters, the Maras! The plan of humiliating the judiciary is also part of this pattern. The plan of humiliating the Tamils and Muslims and Sinhalese critics is also part of this pattern. You may howl at the moon when singing for your supper by the Maras but you can’t stop people from recgnising this and talking about it.

    • 1
      0

      I hate to say this, but unfortunately it is true! Sri Lankans are the biggest liars in the world. Everyone tells lies here, starting with the president, prime minister, chief justice, speaker of the parliament, all cabinet ministers, attorney general, secretary to the president, government spokespersons, the whole lot!

      We are not only good at playing cricket but good at telling lies too; and what kind of lies? MONUMENTAL ONES!

      • 0
        0

        So are you too proud of your lies ? assuming that you should also be one of us ? Politicians of present day are liars – but you cant generalize it.

      • 1
        0

        Even a day old baby too lie, cry, wet, poo and breaks wind like the flatus of Ramasamy Iyer.

        • 0
          0

          Ramsay, you have made no attempt to refute even a syllable of what I said!

          • 0
            0

            Ram, your puerile syllables are inexplicably tolerable.

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