25 March, 2019

Blog

Maxwell Paranagama Commission Report: Full Text

Full text of the Maxwell Paranagama Commission report, officially known as the Presidential Commission of Inquiry Into Complaints of Abductions and Disappearances tabled in parliament on Tuesday;

 

Click here to read

Print Friendly, PDF & Email

Latest comments

  • 8
    4

    What this report says is absolutely correct.

    Not just the international community even the local communities have lost trust and confidence in the justice system in this country.

    These days CJ Sripavan is so busy and in abroad assisting the government to formulate the hybrid court system.

    The opposition MPs should raise this issue in the Parliament and must ask what the CJ Sripavan is doing abroad for so long. People of this country have a right to know what these people are doing , abandoning their constitutional duty here.

    • 6
      5

      Trust in the country’s justice system apart, how much confidence can be placed on the veracity of this Report?

      The Commission was tasked to “address the facts and circumstances surrounding civilian loss of life”. Critical to it was to determine first the number of deaths and then by whom they were visited.

      Jews killed by Nazis wantonly during the war were estimated at 5 to 6 million. To go into further specifics, “Demographic studies of the number of Jews in EUROPE before and after the war” were undertaken.

      Sri Lanka’s Census 2012 presents a cock and bull picture on TAMIL population statistics. The census for 21 million citizens was carried out in a single day. Doing it for the said 330,000 in the Vanni and then examining those who had lost, to ascertain facts and to compute figures of deaths was not difficult for the Commission. Instead, the Commission lists the reports it had taken the cue from.

      On number of deaths the Commission’s version is a strain upon credibility.

    • 3
      1

      This Paranagama report looks a fair report , too long, over 200 pages ,but I read most important ,as I thought, some 30 pages or so.

      My conclusion is that both sides to conflict had done HR violations, more or less

      My Solution to this is ” forgive & forget” ,

      Govt. of Sri Lanka should bring in a resolution / act in parliament & passed with 2/3 majority, with opposition leader Mr. Sampanthan & TNA supporting it, that all those LTTE suspects in jail as well as all those Sri lankan forces personnel who would have committed any such crime be absolved of any such war crime committed or not & acquitted & released as the general rule ,

      And perhaps as exception to rule, being if any one in SL forces or LTTE who can be identified specifically beyond reasonable doubt for crimes against humanity in specific instances, be dealt with existing law including death penalty. This exception to rule won’t be difficult since war ended 06 years ago

      • 3
        1

        John

        “My conclusion is that both sides to conflict had done HR violations, more or less “

        We already knew this.

        Is it the only truth?

        Read the report and refer back to original objectives.

        Has Paranagama adequately responded to what he was expected of or demanded by President as stipulated in the two Gazette notifications? Here I have copied both FYI.

        Gazette Notification No. 1823/42 – THURSDAY, AUGUST 15, 2013 state:

        Whereas, complaints have been received to the effect that some persons resident in the Northern and Eastern Provinces of Sri Lanka which were affected by unfortunate incidents during the period June 10, 1990 when the second Elam War started and May 19, 2009 when the said War ended, were abducted from their places of residence or such persons had disappeared from their places of residence, and that the whereabouts of those persons alleged to have been abducted or have disappeared are not known.

        And whereas, it has become necessary to ascertain the veracity of such complaint and to identify those person alleged to have been so abducted or have disappeared, in case such complaint are found to be true,

        And whereas, it has also become necessary to identify the person or persons responsible for such abductions or disappearances and to institute legal action against such person or persons,

        And whereas, I am of the opinion that it is in the interest of the public security and wel-being to conduct inquiries in order to determine what measures should be adopted to ensure that there will be no recurrence of such acts in the future,

        Whereas, I am of the view that it is necessary that a Commission of Inquiry be appointed to investigate and report on matters hereinafter referred to, Now therefore I, Mahinda Rajapaksa, President of the Democratic Socialist Republic of Sri Lanka reposing great turst and confidence in your prudence, ability and fidelity, do, in pursuance of the provisions of Section 2 of the Commissions of Inquiry Act (Chapter 393), by these presents appoint you, the said :

        1. Maxwell Parakrama Paranagama Esquire
        2. Madam Dimingu Badathuruge Priyanthi Suranjana Vidyaratne
        3. Madam Mano Ramanathan
        to be my Commissioners to inquire into and report on the following matters namely :
        (a) Whether any persons resident in the Northern and Eastern Provinces during the period June 10, 1990 to May
        19, 2009 have been abducted or have disappeared from their places of residence ;
        (b) Evidence in proof of the fact that such persons have been abducted or have disappeared ;
        (c) Who are those so abducted or have disappeared and their present whereabouts ;
        (d) Cogent factors or evidence that would help form an idea about the person or persons responsible for the
        said abduction or disappearances ;
        (e) Legal action that could be instituted against the person or persons who are found to be responsible ;
        (f) Measures that should be taken to ensure that there will be no recurrence of such acts in the future ;
        (g) If there is any reasonable relief to be granted as an obligation on the part of the Government to the parents,
        spouses and dependants of those alleged to have been so abducted or have disappeared ;
        And I do hereby appoint you the said Maxwell Parakrama Paranagama Esquire, to be the Chairman of the said
        Commission ;

        And I do hereby authorize and empower you, the said Commissioners, to hold all such inquiries and make all other investigations, into the aforesaid matters as may appear necessary, and require you to transmit to me within six months from the date of this warrant a report thereon under your hand, setting out the findings of your inquiries, and your recommendations relating thereto.

        And I do hereby direct such part of any inquiry relating to the aforesaid matters, as you may in your discretion determine, shall not be held in public ;

        And I do hereby require and direct all public officers, and other persons to whom you may apply for assistance or information to render all such assistance and furnish all such information as may be properly rendered and furnished in that behalf ;

        And I do hereby declare that the provisions of Section 14 of the aforesaid Commissions of Inquiry Act shall apply to the commission.

        Given at Colombo under the seal of the Democratic Socialist Republic of Sri Lanka on this 12th day of August, Two
        Thousand and Thirteen.
        By Order of His Excellency,
        LALITH WEERATUNGA, Secretary to the President.

        Gazette Notification No. 1855/19 – TUESDAY, MARCH 25, 2014 states:

        To :
        1. Maxwell Parakrama Paranagama Esquire
        2. Madam Dimingu Badathuruge Priyanthi Suranjana Vidyaratne
        3. Madam Mano Ramanathan
        Greetings :

        Whereas, in terms of the provisions of Section 2 of the Commissions of Inquiry Act (Chapter 393) I, Mahinda
        Rajapaksa, President of the Democratic Socialist Republic of Sri Lanka, have by warrant dated 12th August 2013, appointed
        you to the Commission to inquire into whether any persons resident in the Northern and Eastern Provinces in Sri Lanka have
        been abducted or have disappeared from their places of residence.

        And whereas, it has been identified that the period during which such persons are said to have been abducted or
        have disappeared from their places of residence has to be amended as 01st January 1983 to 19th May 2009,

        And whereas, the time for the submission of the final report of the Commission of Inquiry has been enlarged to 15th
        August 2014 in terms of the provisions of Section 4 of the aforesaid Commissions of Inquiry Act (Chapter 393).

        Now therefore I, reposing great trust and confidence in your prudence, ability and fidelity, do, hereby direct you to
        take all such steps as may be found necessary to execute the functions of the Commission of Inquiry established by the
        afore-mentioned warrant.

        Given at Colombo under the seal of the Democratic Socialist Republic of Sri Lanka on this Twenty First day of March
        Two Thousand Fourteen.
        By Order of His Excellency,
        LALITH WEERATUNGA,
        Secretary to the President.

        • 3
          1

          NV,
          No ,Paranagama has not addressed those in his report

          • 3
            1

            John

            “No ,Paranagama has not addressed those in his report”

            So what was he doing in the first place?

            What new truth did he discover?

            How many people did die in the war?

            Has he produced any numbers, names and details?

            Did he obtain a list of names of those who surrendered to the armed forces during and after the war? Did he obtain a list of those names who were released in the past 6 years.

            Without these two lists how did he reconcile “Count them in” and “Count them out” As some one who is in a high position you should have immedieately asked these questions.

            There had been several abductions by security forces in Colombo and other areas. Though Gazette Notification No. 1855/19 – TUESDAY, MARCH 25, 2014 clearly states: ” And whereas, it has been identified that the period during which such persons are said to have been abducted or have disappeared from their places of residence has to be amended as 01st January 1983 to 19th May 2009, ” what work has he done in this regard?

            ICRC and Sri Lanka’s own Human Rights Commission do have a comprehensive list of missing persons or caused disappearence of persons? Did he demand access to those lists?

            This is another botched stupid attempt to hoodwink UNHRC and the IC.

            Any teenager could have covered up war crimes better than this learned Judge. People were led to believe that the silly season was coming to an end. It has just begun.

            I have another million and one questions, but too tedious to raise them here.

            • 2
              0

              John/Native

              When I was going through this report, It struck to me the way you both have felt about this report,
              Far far away from the mandate, poor people trusted this commission, that it will provide some solace to their grieve of missing their loved ones so long, and just unloaded all their grieve, as of whatever witnessed.

            • 2
              0

              NV,
              Yes Paranagama looks a Joker, appointed by MR criminal [Edited out]

              • 2
                0

                John

                Please read the entire report.

                You will see the sole indented purpose of this commission was to absolve Sri Lankan forces, state and rulers.

                Paranagama blames LTTE for what happened to the people between 1987 and 1991 and the riots in 1983.

                Basically he hasn’t done two things:

                Absolve Sri Lankan state, its armed forces and rulers from war crime charges which was the intended purpose.

                As a judge he failed miserably.

                Then you ask yourself this:

                You always have to question the intention well not the judgement.

                Judgement can be wrong but intention has its purposes. Therefore I am not here to question his judgement but his intentions.

                Very often people should question the intention of the state, its rulers, and its institutions.

  • 5
    3

    Thanks CT. I hope Kshali Pinto Jayawardena,Maestro of Reports of Commissions will care to comment.

    • 6
      4

      Plato

      ” I hope Kshali Pinto Jayawardena,Maestro of Reports of Commissions will care to comment.”

      In the meantime what the hell are you going to do, sitting in front the TV all day every day and get depressed? Are you busy dating as many women as humanly possible.

      Go on sit on your bum and do some work as this one is a serious document.

      I will give you a hint:

      Please refer to page xviii, note 20.

      Has there been a report titled “The Darusman Report”?
      I can’t remember one.

    • 3
      1

      Including Rajiva, DJ and MHLD – they will do better than a MR commission, who was
      unfettered to Report after the Change?

  • 4
    2

    Choose your prophet.. chose your tribe and choose the truth you want to hear from Pinto Jayawardena. You will come back to the same conclusion. Jayawardena is all knowing and ignorant depending on whose side you are on.

    • 4
      3

      peter casie chetty

      Note the number of foreigners who have helped to draft this “report” is really mind boggling.

      We might as well bring in overseas judges, prosecutors, …. policemen, military police to Investigate war crimes that had been committed in this island.

      See below for foreign advisers: `

      Right Honourable Sir Desmond de Silva, QC. (UK) who was Chairman of the legal Advisory Council together with

      Professor Sir Geoffrey Nice QC. (UK),

      Professor David M. Crane (USA),

      Mr. Rodney Dixon, QC. (UK/ South Africa),

      Professor Michael Newton (USA) Vanderbilt University

      William Fenrick (Canada),

      Professor Nina Jorgensen of Harvard

      The Chinese University of Hong Kong,

      Major General John Holmes, DSO, OBE, MC (UK)

      Mr. Paul Mylvaganam (UK),

  • 5
    1

    It’s a shame that those who supported and continue to support the LTTE turn a blind eye to the abuse of Tamil civilians by the LTTE; especially those Tamils who live outside of Sri Lanka and supported these fascists.

    All SLA personnel who intentionally killed civilians should be court martialled and punished, as should the politicians who gave free licence for assassinations. But to absolve the LTTE personnel who killed civilians and fled overseas (or were given protection by the SL governments) is spitting in the eyes of justice.

  • 6
    6

    I think this is essential reading especially for Tamil children everywhere.

    This Commission also points out that even on the restricted legal and factual test, there is evidence of the LTTE moving civilians to protect their military targets from destruction.

    This is how Tamil uncles forced their own Tamil aunties and nieces in-front of artillery fire to protect themselves.

    The macabre cannibalism evident right across Tamil freedom fighting history. This practice is in fact a form of “Mahatma Gandhian approach” the Tamils adopted from a very early on.

    The international community began noticing Ghandi especially after his Salt March and Satyagraha. The idea was get Indians beaten up by British and use the negative fallout in the press to forward political ambitions. So Ghandi used an unfair tax on salt to base his protest to kick out the British from India.

    Along comes the Tamil “Ghandi” SJV Chelvanayagam. He wants to kick out Sinhala people from the NE. Its hard to read ones mind. Although the year 1958 is significant as that was when Caste discrimination was banned in Jaffna.

    There is an popular opinion the Caste masters in TNA would incite killing, maiming and pillage if upward social mobility of their lower castes are in anyway promoted by Sinhala majority govt.

    They wish this class of people to remain poverty stricken and completely subservient to the caste master as it has been the tradition for centuries.

    The JVP was a fringe movement among the Sinhala people. However, LTTE was the Tamil mainstream expression. The Fascism it displayed was a main expression of Tamils everywhere.

    So I think what happened in the end of May 2009 was Biblical in proportions. It could easily be a moral of a story written in scriptures. It was how god forsaken people finally paid the price for its vanity and evil.

  • 3
    3

    The game to slow down the UNHRC is not going to work. When this commission conducted first investigation who witnessed this was sought after CID. It was the same case with LLRC. LRRC even tried to follow up on Archbishop Rayappu for giving a and estimate(underestimate) number of the deaths. That fraud report even went further and created a “national action plan” The defense lawyer Paranagamma has said if the government decides to go with internal investigation, foreigners can be called as viewers. Defense lawyer Paranagama has done a great job of advising how to water out UNHRC requirement, by this consulting. Is that other defense lawyer desmond de Silva did for this commission. Workers as foreign watchman?

    Instead of recommending what to do if the government does’t wants IC lawyers and Judges, its would have been too difficult to recommend to sign for the Rome Accord. This where the UNP’s New Royal Rubber stamp showing up.

    This how it i:
    1.Names of the war criminals who are responsible for command is not listed.
    2.Crime commuted to lower level operating at the war theater.
    3.Unlike OISL, in an unwanted manner, the alternate foreign watchmen suggestion has been given.
    4.No talk of of rome treaty. New Royals’ UNP will hate it to hear.

    The names of the war crime accused was given out by Wimal in march. Did this defense lawyer suggested the same names as war criminals? When one part of the New Royals were working the chiefs’ names removed from, other ones have been working on accusing the power ones instead. After this strategy was successfully carried out, Old Royal were spending the UNHRC reports releasing days at the beach and leased out propagandist Thamara and Dhayan were calling for this fraud report to be published. The best actor, our Gamini(Fonseka) Jayathilaka PhD did the acting very articulately.

    The MPCS commission’s purpose if to frustrate the UNHRC’s initiations. This another North-East join 13A. 13A was the mastermind of JR’s to cheat Rajiv. Defense lawyer Paranagama’s works it to keep Sec,Kerry cool until he get out of office next november.

  • 8
    4

    The theorists, dramatists, sensationalists and Sinhala and Tamil chauvinists should now know that both sides have immense blood on their hands. This war was a creation of both ethnic groups, with the majority being the instigators and the minorities being proponents thereafter which make them both perpetrators of a 30 year long war.

    I hope this report is not used out of context to mislead the Sinhala majority for political gain. Recently CT published an article by one Chris who was trying to insinuate that the TNA was trying to block this report as it was damning the LTTE. If at all this report is damning the previous government and the military they led. This report also embarrassingly reveals that the channel 4 documentaries might be true. So why should the TNA block it when in fact this report is largely favour of what the TNA is trying to say. Wimal, Dayan and MR & his clan of racists are not the future of this country anymore. They and Prabakaran and his Tigers are the ugly past of this nation. The future belongs to people who believe in equal rights for all communities. Majority ambitions and minority aspirations must be built on a foundation of peace and trust. Sri Lanka should not belong to the Sinhalese but its culture and religious beliefs must be respected at all times. Certainly Sri Lanka does not belong to the Tamils neither and its culture and diverse religious beliefs must be respected too. So should it be with all other minority ethnic groups. We should all stand as one strong nation as Sri Lankans. If we do this no Western or Chinese or Indian conspiracy can take root in our land.

    • 3
      4

      Pot Shot

      Have you read the entire report including its gazetted mandate?

      Please let us know the objective of this commission and its conclusion.

  • 4
    6

    It’s going to be a long haul! I’m Traveling. A run through the Paranagama Commission Report reveals a distinct bias, one that’s highly defensive of the Sri Lankan apparatus and actions, sounds more like a rebuttal of the UN Panel of Expert’s findings which it disparagingly refers to as the Darusman Report, lays blame on the LTTE, (except when it can’t deny highly authenticated and irrefutable graphic video evidence shown in Callum Macrae ‘s films, yet doing so with lack of resolve), casting doubt on government shelling of civilians and the existence of No Fire Zones. The general flow of the report shows it’s a sellout, arguing the case for amnesty for the perpetrators more than anything else! The International Community, the United Nations OHCHR and the UNHCR must step up the pressure on the Sri Lankan regime to ensure: real domestic law reform, the independence and international component of the domestic court!

    • 4
      2

      Frankly Usha nobody cares what your opinion is. Because you have a biased view point in which only the LTTE can be seen as clean and good. So please travel and enjoy your holiday.

    • 4
      2

      USSR,
      “The International Community, the United Nations OHCHR and the UNHCR must step up the pressure on the Sri Lankan regime to ensure: real domestic law reform, the independence and international component of the domestic court! “

      Yes, when pigs fly!

    • 2
      3

      Usha

      Absolutely correct summation. At home I said the same thing.

    • 3
      1

      Any report will have a ‘distinct bias’ unless in confirms the ‘140,000 innocent Tamil civilians’ lie.

      • 3
        1

        taraki

        “Any report will have a ‘distinct bias’ unless in confirms the ‘140,000 innocent Tamil civilians’ lie.”

        I hate to agree with you.

        Could you now give us your confirmed (estimated or guesstimated) number of civilian death in Vanni.

        I will help you with figures out of which you can chose one that approximate the genuine number that you recognise:

        140000
        70000
        40000
        12000
        7000
        00000000000000

        You are free to chose any number or a range that you may consider unbiased and the probability of that number or range being genuine with certain amount of certainty.

  • 1
    5

    The 25,000 bombing missions of the Air Force are not mentioned in the report.
    Bombs do not distinguish between civilians and combatants, and thus 25,000 persons may have been killed.
    Sri Lanka may be the only nation which bombed its own territory, killing its own citizens.
    Sri Lanka may also be the only nation which bombed and shelled No Fire Zones after declaring them, during a civil war.

    • 4
      0

      justice,
      These are the consequences of raising arms by a brutal terrorist group against a legitimate government!
      What did you expect? A beds of roses for people of the war zone? If the LTTE terrorist cared about the Tamil civilians they should have let all of them move away from the war zone. What a bunch of cowards!

      Why not tell us how else the gov. could have got rid of this brutal terrorist group who were in civilian clothes and using civilians as human shields.

      • 0
        0

        Eusense,

        So you think that the slaughter of thousands mostly unarmed Sinhala youth in 1971 and in 1988/89 was also justified?

        What I was referring to is the total absence of mention of 25,000 bombing missions by the air force – an important aspect of the slaughter of mostly civilians, including those in “no fire zones”.

  • 1
    2

    Native.

    1] Darusman was Attorney-General[Retd] of Indonesia.The other two who constituted this Commission were also well known jurists.Ban-Ki-MOON Secy:General appointed them.Of-course,the Srilankan Govt:refused them entry into SriLanka.
    The purpose of Co-opting Sir Desmond De SILVA,Gotas initiative,by paying him an enormous fee was to off-set the Darusman findings.

    2] Gordon Weiss-Author of Cage was the UN spokesman in Srilanka for two years during the War.For two decades he worked as a journalist and for international organisations in numerous conflict and natural disaster zones.

    3]Frances Harrison-Author of Still counting the Dead was BBC correspondent for Srilanka,during the conflict and one of the very few overseas journalists to retain contact with those trapped inside the War-Zone right to the very end.

    I had bought the aforesaid books in July2013 from Amazon.co.uk,and read them page to page.
    I am convinced that both authors have given an Authentic account.

    You would observe that the Paranagama report is not quite comfortable with these two Authors.Also P.report is trying to down play the 40,000 civilian casualties.
    The LTTE is a Terrorist outfit.There is no doubt about it!
    They have committed gross Human Rights violations:But here the issue is how has the Govt:of Srilanka conducted this War?
    The Govt:appointing a commission of how THEY conducted the War is rather far-fetched!

    Frankly,I have had an overview,only an overview,of the Paranagama report,and I am afraid I am not optimistic about the exercise.

    Plato is conscious of the fact that dating Women is one thing;Desire far outlives performance is quite another.

  • 2
    4

    Plato.

    Thank you.

    “Desire far outlives performance is quite another.”

    Then you must be an old codger. Its all right, nothing wrong in having desires, which keep you ticking.

    Both MF Husain the exiled Indian artist and Khushwant Singh well known author loved young women, which helped them both going. But then make sure you keep your hands under control.

  • 5
    0

    Looking at the list of foreign dignitaries/experts who have advised, helped and given input for this Maxwell Paranagam Commission it appears that this investigation fulfills the requirements of the UNHRC’s 2015 resolution. The gov. should forward this report to the UNHRC in 2019, the year a report is due.

    • 2
      0

      But did they consult Callum, Frances and Gordon? Because it can’t be truly independent unless these messiahs of We Thamizh got their two cents in to try and prop up book sales and fund dog and pony show tours in south american banana republics :D

    • 1
      0

      The State, as a whole has achieved what it wanted to achieved through a prolonged war, since A Sovereign State cannot be inferior to a terrorist organisation at any instance. That is how they brought to end to the terrorism.
      That is what this State appointed Maxwell Paranagama Commision pronounces, yes as this Ever Nuisance suggests it has to be submitted to the UNHRC in 2019, the year a report is due.

      • 1
        1

        What I meant was,

        LTTE being a terrorist organisation are bound to do all the nonsense of cruelty to mankind, Holding the exodus Human as shield, placing the heavy artillery and firing from, recruiting child soldiers, forcing the old to take battlefront it goes on endless all nothing but cruelty at its worst.
        How a responsible government constructed such a situation refer https://www.colombotelegraph.com/?s=Mahinda+Rajapaksa&x=9&y=4

        Despite all these defense force has end the TERRORISM of the TERRORISTS TO WHICH THEY HAVE BEEN MANDATED BY THE STATE, using heavy artillery, intense aerial bombardment, cluster shells all supplied by a responsible State within their own territory, however wrong is to
        ERADICATE TERRORISM,
        War is won, LTTE leaders killed, imprisoned some are captured rehabilitated, under the process rehabilitation.
        After the war on the way to the above processing what happens?

        Nissanka Udalagama and Maxwell Paranagama have correctly loaded the above crimes while diluting the alleged crimes of the some soldiers particularly in the postwar scenario.

        Can a State Defense System allow some of its crooks behave like of a terrorist because he has fought against the terrorism?
        Doesn’t the Defense system of a State have moral responsibility of disciplining their members for it to be best of system?
        Does it want to be digging own grave by just brushing all these allegations?

  • 2
    1

    Wee Thamihz Self Confessed Senior Journalist Siva Sankaran Sarma Menon.

    You got it wrong.

    The banana republic Democratic Socialist Republic of Sri Lanka is situated in South Asia, not in South America.

    You need some brushing up on your geography. Spitting and polishing knobs can wait.

  • 2
    1

    A few quick points as I don’t have time to read through the full report at the moment.

    1. The report repeats ad nauseam the State narrative that the LTTE held the people hostage. But it conveniently ignores the fact that the LTTE controlled large parts of the Vanni and North for years, and the GoSL let it stand for several years; there was a history of the armed forces being seen as not only imposing terror on the people, but were also utterly incompetent in bringing order and peace to the areas where the people had their homes.

    The people had become used to the LTTE’s control, despite the hardships and whatever alleged fascistic measures the LTTE adopted. While a large number of people would definitely have wanted the LTTE to change, transform itself even be defeated, their experiences had taught them that the SLA, infused with Sinhalese nationalist passions, even craze, as evidenced by the comments of SLA commander Sarath Fonseka to journalists that SL is for Sinhalese Buddhists and minorities live only at their mercy, as well as the attempted expulsion and returning to the North in buses of all Tamil citizens living in temporary accommodations in Colombo, would be much worse than the LTTE.

    And in a situation where the control of territory could change frequently public had a difficulty in choosing which way to run; I speak from my own experiences running from home during the Vadamaradchi operation in 1987. So the public faced a dilemma on where to run; that is not addressed by this Paranagama report. The GoSL narrative that the LTTE held people as human shields is a half-truth and it is from that premise a legal defense is attempted, without alluding to how the war had reached that stage.

    2. And quickly scanning the report it doesn’t seem there is any signed opinions by individual commissioners explaining their thought processes; it is not clear how much of it is Mr. Paranagama’s personal opinion, and what opinions that the others had. So we can indeed call it Paranagama parody.

    3. The so-called Military Expert (ME) from the UK, buys the same GoSL narrative and makes those same mistakes in failing to consider the peopl’s dillemma. From a purely militaristic standpoint, he tries to make a plausible defense, but leaves open areas where there can be several challenges.

    For instance, once the SLA had captured the East, the Western Vanni and Kilinochchi, and surrounded the coast of Mullaitivu, the GoSL had many other military strategies to defeat the LTTE. The ME makes a very weak case on why those strategies were not followed, gives them short shrift and rushes through those arguments in order to defend why heavy shelling in civilian areas was considered the only option. That the SL military is not sophisticated enough and didn’t have enough other military equipment or training is really an admission of guilt; it would be turned on its head in a court of law.

    And the GoSL claim that all heavy weapon use had been stopped was a lie; The ME glosses over it, saying there was some ambiguity.

    4. Moreover, as has been the typical practice of chauvinists among he Sinhalese and those who defend them, the report seems to rely at several places on the UTHR report when it suited them. But the same UTHR had accused the STF and SLA-aligned Muslim home guards in the Trinco-5 and ACF-17 scandals and asserted there could be as many as 40,000 dead in the Vanni. The UTHR’s methods have been questioned by the GoSL itself, as someone said by the UTHR to have been killed by the SLA later turned up in India.

    I do not want to denigrate the LTTE because they tried to tell the truth under many constraints, but basically the UTHR is a one-man outfit that relied on incomplete narratives and sometimes hearsay from people, and only a thorough independent investigation can bring out the truth. And the fact that the current regime appears to be making strenuous efforts to absolve the former regime of many crimes, makes clear that societal conditions in Sri Lanka will not permit the complete truth being brought out unless there is a strong international element to any investigation, forcing the GoSL to stick to clear legal procedures and timelines.

    • 3
      1

      QCs who served as chief prosecutors in Sierra Leone, prosecuted Milosevic, the director of British Special Forces etc certainly don’t stack up against the like of ‘Agnos’ (of Colombo Telegraph fame), Gordon the former UN peon and Callum the binman-cum-filmmaker :D Cry baby cry :D

      • 2
        1

        We Thamihz Siva Sankaran Sarma Menon

        I wonder how a self confessed senior journalist could have missed what Mrs Finucane said about MR’s favourite QC, a foreigner.

        Pat Finucane ‘sham process hid inquiry decision’

        14 May 2015

        The government had already decided to rule out a public inquiry into the 1989 killing of solicitor Pat Finucane but staged a “sham process” to conceal this, the High Court has heard.

        His widow is challenging PM David Cameron’s decision in 2011 to instead commission a QC to review the case.

        Her barrister said then-Secretary of State Owen Paterson “went through the motions” to try to avoid legal action.
        He said managing political fall-out from Dublin and the US was the focus.

        Mr Finucane was shot dead in front of his wife Geraldine and their children at their north Belfast home in February 1989. His murder has been surrounded by claims of security force collusion with the loyalist paramilitary killers

        The prime minister commissioned QC Sir Desmond de Silva to review all documents relating to the case and produce a narrative of what happened.

        In December 2012 Sir Desmond’s report confirmed agents of the state were involved in the murder and that it should have been prevented.

        However, it concluded there had been “no overarching state conspiracy”.

        The Finucane family rejected the findings as a whitewash.
        During a four-day judicial review hearing in Belfast – where judgement was expected to be reserved – it was claimed that the killing was part of a British state engagement in terrorism through loyalist groupings.

        According to Mrs Finucane’s case, the government unlawfully reneged on a commitment to hold a public inquiry.

        Pledges to set up such a tribunal, based on the recommendation of retired Canadian judge Peter Cory, were made by a former Labour government in 2004 and reaffirmed in the following years, the court heard.

        Counsel for the secretary of state argued that he was legally entitled to review any commitment by a previous administration.
        Issues about cost and speed had to be taken into account when a further decision on how to deal with the case was taken following a six-year passage of time.

        On Thursday, a barrister for Mrs Finucane said Mr Paterson had made it clear he was against any more public inquiries “full stop”.

        The barrister said that “an elaborate process of consultation” was carried out following legal advice.

        “He had committed himself in opposition to having no more costly, open-ended inquiries,” he said.

        “They go through the motions.
        bbc.co.uk/news/uk-northern-ireland-32744284

      • 1
        1

        Some moron by the name Blacker who served as a foot soldier in the SLA in the jungles can’t come up with valid arguments challenging me, so he can only hide behind the titles of lawyers.

        I suppose these morons think these “QC’s” won every case they were paid to appear in. And these morons conveniently ignore the fact that Geoffrey Nice who “prosecuted” Milosevic served under and admired Louise Arbour, who vigorously supports international war crimes investigations in Sri Lanka.

        Foot soldiers like you accused of war crimes will have their day in a court of law, but your strenuous denial will only be dismissed with the deep contempt it deserves.

        • 3
          2

          I knew I heard some loud screeching and wailing – cry baby cry :D

  • 1
    0

    “I do not want to denigrate the LTTE…” It was typo. I meant the UTHR.

    • 2
      1

      A typo? More like a Freudian slip :D

      • 2
        0

        So predictable. I knew you would come out and say that.

  • 0
    0

    Ado you are an ‘Old Gamaya” with a Sudda first name. Get lost who reads gamaya’s reports.

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.