29 September, 2020

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No Constitutional Provision For Hybrid Courts: JVP

The JVP has today said that the party has received information that a joint resolution to be brought by US and Sri Lanka at the UN Human Rights Council sessions on Thursday has endorsed an international independent investigation into the alleged abuses which took place during the Sri Lankan war.

Vijitha Herath

Vijitha Herath

Addressing the media in Colombo today the JVP propaganda secretary Vijitha Herath said that if that is the case then there would be no difference between the recommendations made in the recently released UNHRC report and the US-Sri Lanka joint resolution.

Herath said that the government should come out with the truth and tell the people whether they endorsed UNHRC proposal to set up Hybrid courts with international judges and prosecutors within Sri Lanka to try those accused of war crimes.

While rejecting the notion of “Hybrid” courts Herath said that there were no provisions within the constitution to adopt any such mechanism with foreign intervention to judge local casess.

He said some African countries employ foreign judges as they do not have enough competent people of their own.

Herath said even some Sri Lankan’s were working in these countries.

But Herath said that such issues did not apply to Sri Lanka as the country had enough competent Judges, Lawyers and Prosecutors.

However, Herath said that the JVP fully supports a credible domestic mechanism to bring justice to victims of human rights abuses.

The JVP member went on to say that one of the foremost responsibilities of the present regime was to a
rebuild peoples confidence in the local judiciary which was shattered due to the actions of the previous Rajapaksa regime.

He said that one of the reasons which compounded international accusations on human rights violations was the ragged state of the judiciary.

Hearth said that the JVP urges the government to reject foreign proposals and establish a credible domestic mechanism to bring justice to victims of human rights abuses.

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  • 7
    0

    JVP propaganda secretary Vijitha Herath

    Yes, No Constitutional Provision For Hybrid Courts: JVP

    Yes, No Constitutional Provision For Corrupt Courts Either: Amarasiri

    So, let us have a Constitutional Provision For Hybrid Courts to Supervise Corrupt Courts in Sri Lanka, the Land of Native Veddah Aethho.

    • 5
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      “Constitutional provision for Hybrid Courts to supervise corrupt courts”. Superb comment!

  • 13
    1

    Sri Lankan judiciary system was never able to give justice to Tamils, and is still the same even with the so-called good governance in place.

    As far as Tamils are concerned many of the existing laws are flouted even today with impunity, and there is no local redress under the existing laws: In other words Sri Lanka is at least a partially lawless country as far as Tamils are concerned.

    For example; properties misappropriated by Sinhala thugs during the pogroms of 1958, 1977, and 1983 are still not returned to the lawful Tamil owners.

    I don’t have to tell you about the military illegally still misappropriating Tamils’ properties in the North-East today.

    It is dishonest for anybody to say that the local justice system will dish out any justice to Tamils.

    International impartial personnel are a must to ensure justice to Tamils.

    Don’t forget that even the good governance may be for the Sinhalese and not for the Tamils – for Tamils it is still a Sinhalese-Buddhist racist state and a racist system that discriminates against them; A Tamil chief justice is a puppet vis-à-vis the Sinhala racist state and its handlers including the attorney general and the state prosecutor.

    Sinhalese politicians and others can go on shouting from the roof tops that they can dish out justice to Tamil victims, but the truth is glaring at the discerning international community.

    Loudly say no to internal judicial process: umpteen investigations so far brought no justice to Tamil victims.

    Let’s not forget that the conflict between the Sinhalese and Tamils came about because of injustices heaped on Tamils by the Sinhala dominated state and its racist regimes since independence.

    It will be doubly cruel if Tamils are subjected to the same Sri Lankan injustice by the international community.

  • 3
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    Was there a Constitutional Provision for you to conduct a “war” against the elected government of Sri Lanka in 1971 and 1987?

  • 8
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    Vijitha Herath says:

    “But Herath said that such issues did not apply to Sri Lanka as the country had enough competent Judges, Lawyers and Prosecutors.”

    For example, Sarath de Silva, Namal, MR, …………..

    Vijitha should know how Sarath de Silva helped both JVP and JHU when they challenged the North East merger and delivered a verdict not based on its merit but what was expected of him.

    Sarath later accepted that his verdict on de-merger was a mistake on his part.

    We can cite hundreds of cases where Sri Lankan judges have profited from dishonesty.

  • 3
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    There was a time when an investigation commission was appointed to consider the real reasons and the background involved causes for the murder of Prime MinisterBandaranaike by the SLFP government headed by his wife Ms Srimavo Bandaranaike who was the PM;
    The said commission had foreign judges in spite of the fact that the country did have very competent judges.
    No one was heard objecting then, so why now when thousands had been killed in an unnecessary war that ended in 2009.
    Why is the JVP now objecting to foreign judges being appointed to investigate and recommend measures that would help to foster peace and help in the healing process and assist the process of reconciliation.

    • 5
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      Uthungan

      “Why is the JVP now objecting to foreign judges being appointed to investigate and recommend measures that would help to foster peace and help in the healing process and assist the process of reconciliation.”.

      Despite the attempt by Anura Kumara Dissanayake to steer clear of the party’s old ways, from being a Sinhala/Buddhist party of chauvinists to a modern one, their old habits die hard, and the old guards are still in control.

      Chandrika’s three commissions (abruptly came to an end) on forced/involuntary disappearances found 30,000 cases, and perpetrators. Chandrika’s uncle didn’t want perpetrators to be charged because he feared a mutiny by the army which was engaged in a stupid war in the North. The commission findings are gathering dust at the National Archive.

      I have no idea as to why JVP didn’t pursue the commissions’ findings.

      JVP supported the war against Tamils from the beginning until MR divided JVP a few months after the war had ended.

      The JVP had forfeited the moral right to comment on the nature and type of investigation they would support or oppose.

      Hypocrites cannot honestly contribute to the discussion which involved life and death of a section of the people.

      I would like to hear from JVP supporters on this discussion.

      • 4
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        Why the ex- Auditor General Mr. Mayadune decided to quit as an MP via the National List and sever.link with the JVP is now clear.

  • 2
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    A major clean up of the judiciary is the first step , not only to satisfy this UNHCR request, but more importantly to provide justice to the citizens of the country. All appointments made previously to the judiciary by the deposed king must be nullified and a fresh process started to recruit people as judges who have an indelibly clean record with absolutely no record of corruption, political association or any criminal activity. The UNHCR must not agree to have a domestic court sit in judgment unless this condition is met. Of course knowing the situation in SL based on past history, it is doubtful whether any action will betaken by the new government to establish justice in the country. The moral and ethical values that have been destroyed by the Rajapakse regime will take time to fix and I doubt any positive action will emerge from this report. Enlightening our politicians on integrity and values is a far cry from reality when one sees the criminals who have been appointed as ministers in the new government and the likes of the baluwansa and vasuwansas and horapillas. Does not inspire any confidence that MS is committed to establishing the rule of law irrespective of a persons position or political affiliation. Would like to see an investigation being conducted now on the present judges whose records have been tainted with criminal activities.

  • 4
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    Vijitha Herath is absolutely right and the only way the victims can get their due justice is through international inquiry outside Sri Lanka, and so now it seems all agree on the only option left.

  • 1
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    Native Vedda: Was it not MP Vasudeva Nanayakkara who challenged North & East merger. Please correct me.

    • 6
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      Douglas:

      Native Vedda is right. It was predominantly Wimal Weerawansa who was then with the JVP that invoked the court on the NE merger. Their counsel was Gomin Dayasiri. Sarath N Silva did not even allow intervenors from the Tamils side. He simply told them to sit down. This was not the only one. When Mahinda Rajapakse was charged for the misuse of tsunami funds, Sarath Silva closed “one eye”. He admitted as much later when he fell foul with the Rajapakses and he was not the CJ anymore. He practically tainted the office of the CJ.

    • 3
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      Douglas

      This is an excerpt from his long interview with Nadine Mariah published in DBSJeyaraj.com:

      There is no Alternative to the Provincial Councils System-Vasudeva Nanayakkara
      Posted by Administrator on 6 July 2013

      Leader of the Democratic Left Front, National Languages and Social Integration Minister Vasudeva Nanayakkara emphasizes that the 13th Amendment to the Constitution was a step in the right direction in solving the ethnic problem. He believes that it will be fully implemented after consultation of a fairly representative parliamentary select committee (PSC)

      Q: What is your stance on the repealing of the merging of two or more provinces?

      A: That is an extinct fact. There is no possibility of another merging with the North and the East, so the clause is not relevant. There have been no other significant requests for amalgamation. The merging of the North and East failed in 1988. Minister Varatharaja Perumal called for independence not long after his election, then forcing the North Eastern province to separate once more. So in that context, the repeal is warranted and necessary, the merger clause has not benefited governance thus far.

      Douglas

      I don’t think he ever opposed the merger.

  • 3
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    Douglas

    “Native Vedda: Was it not MP Vasudeva Nanayakkara who challenged North & East merger. Please correct me.”

    As far as I can remember he did not have a hand in this issue. Let me speak to my Elders and come back to you.

    His earlier position was that the Tamils have the right of secession as well as the right to rejoin the rest if they see fit.

  • 2
    0

    One would be hallucinating if he ever believes that the legal and the law enforcement system can ever mete unbiased and impartial judicial pronouncements in SL. The desire may be there but having the will … that is a big question. Based on the UNHRC Report the dragnet will be fishing a wide domain. From the then president, defence secretary, army commander, and down the line all will have to stand in the dock. It will be insane to have it in SL. Bangladesh has been going through a turmoil but in SL, with the Sinhalese and Tamils on each others throats for as long as one could remember, the stakes are simply too high. Unless of course, the govt is insisting on the domestic mechanism on the belief that such local pressures may dilute or eventually compromised with a watered-down version. The will was never there and it will be never there. Why do you think Ranil excused SL from signing Rome statute.

  • 3
    0

    “Hearth said that the JVP urges the government to reject foreign proposals and establish a credible domestic mechanism to bring justice to victims of human rights abuses”.
    If you had a credible domestic mechanism in Srilanka, the necessity for the UNHCR recommendation would not have arised. You would have also found the murderers of your leader Rohana Wijeweeera and Mahinda would have been hanged long time ago. It is not possible to have a credible domestic system in Srilanka. You and your party should know very well about this fact.

  • 5
    0

    Vijitha Herath, under which constitutional provision of International Law did the trigger happy, sex hungry military attack helpless civilians?

    You do not need constitutional provision, you give in respectfully or you get walked over.

    The accused (Sri Lanka) cannot be also be the judge for the case against it! Sorry there is no provision in the correct practice of the profession.

  • 2
    0

    ” credible domestic mechanism “
    Who is responsible for establishing whether SL is capable of providing such mechanism?

    With regards to the above ,”Major issue Sri Lanka has been facing since 1948 was thtogether no credible UNP leaders or SLFP leaders or both their coalition party leaders whether they were running the government or serving as an opposition.

    The JVP uprising, LTTE uprising, PLOT, EROS, EPRLF and other group uprisings were due to the incompetencies of UNP, SLFP, and the left wing and socialist parties. Did the major religion and other religions came together to find peaceful progressive lasting political solutions ? No.

    On a one to ten scale what is the moral standard of the politicians and the religious leaders ?
    Is it less than 5 or greater than 5 ? Is it closer to zero or closer to 7.5 ?

    If any one disagreeing with me please go and ask, Sarath N Silva, Mohan Peris, Namal Rajapakse , Palitha Kohana, Rohitha Bogollagama, Shirani Bandanayake and other lawyers like them.

    Moral corruption, political corruption, material corruption all are prevalent in SL for more than 6 decades now.

  • 1
    0

    Native Vedda & jansee: Thank you. I too made a mistake. On checking the records I found that there were three petitioners : (1)N.W.N Jayantha Wijesekserfa of Kanthale (2)A.S.Mohamed Buhari of Samanthurai (3) L.P.Wasantha Piyatissa of Uhana in case Nos. S.C (FR).243.6; 244.06 & 245/06 respectively. The case was argued before five S.C. Judges viz. Sarath N siva – CJ; Nihal Jayasinghe; N.K.Udalagama; A.R.N.Fernando and R.A.N.Amaratunga – Judges of the S.C. on 15th Sept. 2006 and decision was delivered on 16th October 2006. The Respondents were: (1) Attorney General (2)Governor of the North & East Provincial Council (3) Election Commissioner. The Intervenient Petitioners were : (1) K.Thambiah of Trincomalee (2) Vettivel Jayanthan of Ampara (3)Siritunga Jayasuriya & (4)N.Thillayampalam of Ampara. The leading lawyers for the petitioners were: H.L.de Silva; S.L.Gunasekera; Gomin Dayasiri and Manoli Jinadasa.

    However, I do not know the political connections of the petitioners and the Intervenients named above. That is what the records show. Thank you again.

    • 2
      0

      Douglas

      The “Judgement on North East demerger” can be accessed from Asian Tribune (Tue, 2006-10-17).

      Please note Sumanthiran who appeared for Intervenient Petitioners may shed some light on the whole process:

      K. Kanag-Iswaran, P.C, with M.A. Sumanthiran and L. Jeyakumar for
      Intervenient Petitioners and

      Batty Weerakoon with Percy Wickramasekera and Lal Wijenaike for Intervenient Petitioners

      Argued On : 15th September 2006

      Decided: 16th October 2006

  • 5
    0

    Sahodarayas, why don’t you ask for a Human Rights Commission on your groups annihilation, twice. You have President Rajapaksa on your corner too.

    Why is it that the Sinhala Community doesn’t care for their murdered in the two rebellions and then those who perished in the Tamil rebellion ?

    Whether we like it or not, The Tamil Community pushes for justice. You, Sahodarayas, want the whole thing shoved under the carpet.

    Then we all whine that Gota did that, Duminda did this, Namal did that, Thajudeen, Ekneligoda on and on we go. We ignore the past at our own peril, we enable our culture of impunity.

    Ask the Govt to investigate how Wijeweera was arrested and bumped off by the state with so many others. Call Ranjan Wijerathne on it, never mind he is dead. The Sinhalese should know, no ?

    Should we not bell the cat, at least that our future young won’t die needlessly.

    Over to you Sahodarayas. And I voted for you.

  • 5
    0

    Haven’t we had some sort of hybrid courts before? Where did the constitution go then?
    The JVP gets obsessed when there is some US involvement. It should learn to judge each case by its own merits. Thus it’s learning process has to continue. There is room for improvement.
    Sengodan. M

  • 5
    0

    The TNA is supporting the HYBRID system including the courts. Even retd. Justice CVW has welcomed it. I am sure they know what the constitutional position is. Sambanthan, Sumanthiran and Wigneswaran, should know what they are talking about in this instance.

    It appears Vijitha Herath is wrong in questioning the constitutional validy of a Hybrid court.

    Dr.Rajasingham Narendran

  • 0
    3

    Coincidentally perhaps , someone has posted the Video of Vellala Vigneswaran’s Hero, Mr Prabakaran signing 5 or 6 copies of his MOU with Batalanda Ranil who was the PM at the time..

    Batalanda also appears in the same Video, dressed in his Hybrid attire going to the signing ceremony escorted by our brave soldiers and addressing them later.with the White dudes who organized the MOU.

    After signing his copy presented to him by a White Dude in front of the UNP and foreign dignitaries in .Omanthai, (because Killionochi and the rest were out of bounds.) Batalanda Ranil locked the soldiers in the Barracks and allowed Vellala TNA to recruit members from Prabakaran;s party.

    In fact the TNA were escorted by armed LTTE Soldiers while our soldiers were having Parrippu in their locked up Barracks.

    Now Batalana is signing a another MOU ( again organized by the White dudes )or has already signed one with the Vellala Sambnadan to give him the rehashed ISGA which he offered Vellala Hero, late Prabakaran.

    JVP to their credit stopped Batalanda and got the Whisky Madam to sack him before much damage was done.

    Will the JVP rise to the occasion again and stop Batalanda Ranil breaking up the 2600 year Old Srilnaka?.

    Vijitha Herath gives me the impression that he is different to the baby elephant, “Prince” Anura…

  • 1
    0

    Native Vedda: Thank you for the info. The case records are available and very exhaustive;but very interesting study material.

  • 1
    0

    Douglas

    I have seen this document few weeks ago and didn’t have the motivation to read it through.

    Once you have read it through please let us have the salient points.

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