30 September, 2020

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Mohan Peiris Is Biased, Removal Of The CJ Is A Calamitous Setback For The Rule Of Law- High Commissioner UNHRC

By Colombo Telegraph – 

“The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities.” says the UN High Commissioner for Human Rights Navi Pillay for Human Rights Navi Pillay.

Navi Pillay

Issuing a statement the Spokesperson for the UN High Commissioner for Human Rights, Rupert Colville today said; “The removal of the Chief Justice through a flawed process — which has been deemed unconstitutional by the highest courts of the land — is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka.”

We publish below the statement in full;

The UN High Commissioner for Human Rights Navi Pillay is deeply concerned that the impeachment and removal of Sri Lanka’s Chief Justice has further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation.

The removal of the Chief Justice through a flawed process — which has been deemed unconstitutional by the highest courts of the land — is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka.

Chief Justice Shirani Bandaranayake was served notice of her dismissal and removed from her chambers and official residence on Tuesday (15 January), in spite of a Supreme Court ruling that the parliamentary procedure to remove her violated the Constitution.

Sri Lanka has a long history of abuse of executive power, and this latest step appears to strip away one of the last and most fundamental of the independent checks and balances, and should ring alarm bells for all Sri Lankans.

The jurist sworn in by the President as the new Chief Justice on 15 January, the former Attorney-General and Legal Advisor to the Cabinet, Mr. Mohan Peiris, has been at the forefront of a number of government delegations to Geneva in recent years to vigorously defend the Sri Lankan government’s position before the Human Rights Council and other human rights mechanisms. This raises obvious concerns about his independence and impartiality, especially when handling allegations of serious human rights violations by the authorities.

We are also concerned that the impeachment process has caused bitter divisions within Sri Lanka, and that it sends an ominous signal about the Government’s commitment to accountability and reconciliation. It flies in the face of the strong calls by the Lessons Learned and Reconciliation Commission, and by leaders of Sri Lanka’s civil society and legal profession, to rebuild the rule of law which has been badly eroded by decades of conflict and human rights violations.

Just this morning we have received alarming reports from the Independent Bar of Sri Lanka of a series of death threats, acts of intimidation and even a couple of reported murder attempts against lawyers who have been supporting Chief Justice Bandaranayake, and the rulings of the Supreme Court and Court of Appeal on her case.

The High Commissioner will be issuing a report on Sri Lanka at the February-March session of the Human Rights Council, focusing on the engagement of UN mechanisms in support of the accountability and reconciliation processes.

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Latest comments

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    Even the 2nd XI advisors to the regime will take note “coming colours no good” – to use common parlance. The UNHC’s statement will be dismissed by regime-sycophants as that because she has a Tamil name and even that she is under the influence of diaspora funds – the staple diet of such “leaders” as Weerawansa, Ranawaka from Patalipura,
    the legal lunumiris Gammanpila and those handuruwos, who had given up
    material life, of the JHU.

    But the truth is the bio-data of the regime in those eyes that matter –
    UN and donors – is becoming more opaque by the day. China Insurance has its own limits.

    Senguttuvan

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      This is not the first time such gross lapses have been pointed out by eminent people. The US act deaf and allow these observations to pass. If it is raised in the UN, the US get China and Russia to lead in defending Sri Lanbka so the US will not be exposed, while the US for world consumption berates Sri Lanka and issues strong statements. That is all. Are the public so foolish not to see the Duplicity of the Americans in destroying third world Nations for their gain?

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    If lives of judges and lawyers who defend rule of law are threatened by the Government, and if only the favorable provisions of the constitution are abused with callous disregard of the constitutional checks and balances, what can we expect for the normal citizens? The irony is that the very representatives who were elected by the people are threatening the fundamental rights of the people to live and to speak. The only way to defeat this arrogance of some elements of the Government is to speak louder than them in all media not yet blocked by the Government.

  • 0
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    Dear Madam

    The Sri Lankans today as the victim of a murderous regime and only the UN agenecies like yours can stop this rot and send these people with mass destruction to manking to hague as war criminals.

    Please do the needful and save the Sri Lankan nation.

    • 0
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      Dear Matilda,

      What would a true blue blooded Sri Lankan tell a confused lady like you? You see, in this country there are two and only two types of people. One the true patriot. All the others are traitors.

      H. E. Mahinda is doing his best to make this country a safe place for all. You have to give him time, no? Why even today he said that he is ready to punish wrongdoers without considering their status or position.

      Some people have made mistakes, but you see asking for foreign intervention is not the way. We must learn to solve our problems ourselves. I think hereafter the new CJ and H. E can discuss solutions without the CJ being arrogant and can make sure all laws are “constitutional”. Also no need to embarrass the president by saying his laws are not constitutional.

      I think the CJ will do a good job, ask his college mates at St. Josephs College, where Angelo Mathews studied by the way. He gets a little upset when the NGO kaaka’s fund foolish people like Pradeep Ekneligoda and then they defame the president and the country saying there is no freedom.

      Will anyone put up with lies like that? I ask you. How can a million tourists come if there is no freedom?

      I think you are being misled by your Colombo educated friends. Looks like you are misled easily. Otherwise why would you have Matilda in front of a good Sinhala name?

      Don’t be misled, be vigilant. Sri Lanka needs educated people like you to support the government. Everyone else other than the Colombo people are with the president. So please help him

      • 0
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        A MILLION TUERISTS ;;;LOL ??????????.
        WE THINK, WITH BASIL JARAPAKSA,MILLION AND ONE.

        BECAUSE HE IS ALSO A TOURIST, JUST PASSING BY AND GOT HOLD THE FORTUNE.

    • 0
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      What did you do when regime executed and blasted 100000s tamil people? oh probably you all think tamils are not sri lankans? seems now you feel the taste of bloody regime. you all were silent when tamil children, babies, women wanted food, medicine and basic humanitarian supply. even the injured people wanted basic medicine. whenever tamils beg UN and international community you all branded UN and international community as LTTE sponsored elements including the UN High Commissioner for Human Rights Navi Pillay. Now the same you people are begging. life is a circle. you don’t need to wait long to taste the regime. very soon you will feel what Tamils felt last 3 decades and the meaning of genocide which ended in may 2009 by slaughtering 70000+ people within a days

  • 0
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    Govt is going to eat what it has asked for, illan kanawa. GLP, MS and PK must be brushing their teeth in anticipation. No doubt it will try its best to bribe their third world cahoots to vote against any resolution.

    India and the west need to take a strong stand and say enough is enough. The liars and deceptors must not be allowed to take the UN and international community for a ride. People all over the world are now taking to the streets and demonstrating aginst those entrenched in power. The decade of the people 2010-20. Many a dictator and corrupt regimes will hit the dust.

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      Some respect GLP him being higly educated. But this time he proved himself that he is also not better than the uneducated that dominate the bunch. On contrary to this, Rajiva W proved himself that he must not say always yes to the ruling rascals.

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    This is what I presumed once I heard about him being the next CJ.

    In March, it will be not easy for SLGO to prove about their progress that they have made as asked to do so. Specially in the areas of human rights and law and order issues. Right at the moment, I really dont think that the brutal regime will be easy to prove to IC that they ve been doing well with their LLRC and the related implementations. Rajiva will have to explain them why he avoided being supprotive in the process of voting pro removal of the still legitimate CJ of the country.
    He has not made it clear yet, but he has to be ready for this by March.

    And all other seniors that abstained in that process will also have to bring their reasons not to have voted.

    EU, America, Canada, Australia and all will pressure the govt as had not been in the past soon, coming colour is not good for the rascals in lanken state.
    Short sigted decisions will only harm the poor citizens of the lanka. The days will nearer them to impeach the PRESIDENT – who has proved his way of politics not respecting rule of the law sofar.

    • 0
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      Believe me nothing damaging will happen to MR come March. No Human Rights violations or War Crimes will be investigated and MR held accountable. The US will have their agents to defend Sri Lanka without exposing themselves. On the contrary they will berate Sri Lanka with all the punitive measures but will not implement anything against Sri Lanka. So do not be surprised if the LLRC proposals are dropped and the 13th Amendment repealed. Instead of a Political solution to the Tamil Problem, a set of Tamils who are corrupt as these, will be sellected and allowed to gain control of the NE and MR will run the country.

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        Looking for you everywhere Gamini.MR will run the country!
        Fine,for how long? Ranil? UNP says they won’t accept the
        new man Mohan P for the job.I’m surprised if Srilankans
        are suddenly going to wake up!

      • 0
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        Then there will be no other alternatives than him to get dissapeared to the manner that Premadasa´s fate had been. I hate to see all these, but country is in a mess under the brutal man.

      • 0
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        gamini

        “Believe me nothing damaging will happen to MR come March”

        You are right.

        At this moment in time he is one of many rivets in the strategic pivot according to USA.

        • 0
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          Who is this Navi Pillai to interfere in a democratic country like ours.The British period is gone,we remember how we were treated by them when they were ruling.Thanks to our first Prime Minister D.S.Senanayke,he had to fight for our rights and after a long struggle we gained our independence in 1948.If Pillai goes down memory lane,she will know how the rest.No country has the right to interfere in our country,they should mind their business and look after their interests and not others.We dont need the whites anymore, we have the Arabs to look forward to,countries like China,Japan,Iran,India,Pakistan etc.These are our friends.Its best, this Pillai first see the atrocities committed in Afghanistan,Palestine,etc by the west.America is no longer the superpower,China and India is.

  • 0
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    What a savage attack Navin Pillay is mounting on Mahinda-the-criminal. By appointing Mohan Pieris, Mahida has facilitated the UNHRC to pass a resolution to demand an international Independent Investigation into the alleged war crimes committed by both the LTTE & SLAF in Sri Lanka.

    Mahinda is in a disastrous self-inflicted calamity……….!!!!

  • 0
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    This Government cannot any longer hide behind the “theory” of “the west”, “Diaspora”, “NGO” and “Traitors” are trying to bring in a “Regisme Change”. No doubt, such a move was there and it was upto the Administration to act causiously and set the house in order so that the country would march forward towards a better era. But we were so unfortunate to find that the enemy is within but not that much outside.

    The two major steps taken beginning from November 2012 to January 2013 (a three months period) i.e. (a) The Impeachment of CJ and (b) The Appointment of the successor to the “deposed” CJ were the most disasterous and suicidal both for the Administration and the country. Even before the culmination of these two events, the citizenary in particular and the world at larage witnessed the drama and the circus staged by the Govt. Politicians togeter with the state media units. They were “blind” to the environment that was gathering momentum within and outside and acted in such a foolish manner to put the whole country at risk.

    If anything disasterous takes place in the internation arena, no one else but the Head of the State and the Government must bear the full responsibility and made accountable to the people.

  • 0
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    GOSL predicted that how the foreign powers, who ever they are, are getting ready for UNHRC.

  • 0
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    mohan pieris is a parish dog and he should be sent to saudi arabia for beheading.

  • 0
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    Human right respecting western countries – US,UK, France and their middle eastern allies provide weapons to strenghten anti-govt civil war in Syria and the Thousands of people have dies and millions of people have become refugees.

    UN can not do anything about that.

    But, UN wants to insert their fingers in Sri Lankan internal matters.

    What kind of back-boneless organization the UN is ?

    That is why UN has become another place full of Clowns.

    • 0
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      it’s no longer an internal matter you fool. it’s a matter of concern for the entire humanity.

  • 0
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    Is Pillay …

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
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  • 0
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    “the sri lankan government should recognise that its past stalling tactics have run their course and that it will need to take real action” – brad adams. sinhala liars peiris , mahinda and other whole load of liars can’t carry on with their monkey tricks any more.

  • 0
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    I AM IN SRI LANKAN , WE DON,T KNOW WHAT IS YOUR HUMAN RIGHT, OUR COUNTRY BEFORE KILLED PEOPLE TO MUCH , MAN, WOMEN, CHILD , BUT NOT SPEAK ONLY ONE MAN, 30 YEARS KILLED SINHALA PEOPLE, BUT NOW AGAINS TO OUR COUNTRY , WHAT TIME DAMEGE OUR COUNTRY HUMAN, PRABAKARAN WAS TERRARIST LEEDER HE KILLED PEOPLE TO MUCH , ITS TIME MRS PILLAY SLEEPING, NOW SHE WAKE UP, WHY YOUR HUMAN HAVE 2 FACE , YOUR COUNTRY AMERICA AND EUROP UNION KILLED PEOPLE LOT OF , EXAMPLE IRAQ, AFGAN,LIBIYA, SIRIA, PAKISTAN, BUT MRS PILLAY DON BLIND, CANT SHOW THIS HUMAN, WE KNOW OUR COUNTRY BEFORE COUGHT BRITISH , SPAIN,AND HOLAND, THERE KILLED OUR COUNTRY PEOPLE AND RAPE COUTRY GIRLS AND WOMEN, MRS PILLAY YOU TALK TO THIS WORKS, WHY YOU THINK ONLY ONE SIDE, WE KNOW WHAT YOUR WANT, PLS DON,T TOUCH SRI LANKA , WE LOVE TO OUR COUNTRY, THIS IS MY MOTHER COUNTRY, WE BIRTH IN SRI LANKA , WE WILL DIE SRI LANKA, WE ARE NOT FOOLS , WE CAN UNDERSTAND YOUR WORKS AND WE WILL LOOKING FOR YOUR WORK , THANKS …MY NAME IS AJITH KUMARA FROM SRI LANKA,

  • 0
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    Removing or Stating of a government officials are domestic activities. It is not to get permission from UN.

    Ms. Pillay your are transgressing the human rights of Sri Lankan

    Politicians are cunning people. Thay say what they want, if it is good or bad for the country. So please refer sri Lanka constitution before treating us in biased activities.

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