31 October, 2020

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‘Restore Judicial Independence’ – American Bar urges Rajapaksa

By Colombo Telegraph

The American Bar Association urges the President Rajapaksa to restore judicial independence in Sri Lanka, to heed the rulings of the Supreme Court and other judicial authorities and respect the essential role of the judiciary in a democratic society.

The American Bar Association last week wrote to the President Mahinda Rajapaksa the Colombo Telegraph can reveal today.

We publish below the letter in full;

January 24, 2013

H.E. Mahinda Percy Rajapaksa

President, Democratic Socialist Republic of Sri Lanka

Presidential Secretariat

Colombo 01.

Sri Lanka

Mr. President:

The American Bar Association (ABA) is gravely concerned about the independence of the judiciary in Sri Lanka, particularly as concerns the impeachment proceedings against the Chief Justice of the Supreme Court of Sri Lanka found by that court to be unconstitutional, the removal of the Chief Justice from office despite the unconstitutionality of the proceedings and her replacement by an Executive Branch official.

The ABA is an independent, non-governmental organization representing more than 413,000 members worldwide. It regards the rule of law as the cornerstone of a free and fair society. It has a longstanding commitment to supporting the rule of law in the United States and abroad.

Numerous international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the UN Basic Principles on the Independence of the Judiciary, hold judicial independence and human rights indispensable to the just rule of law.

Without an impartial judiciary, governmental claims of commitment to democracy and the rule of law ring hollow. The ABA therefore respectfully urges you to restore judicial independence in Sri Lanka, to heed the rulings of the Supreme Court and other judicial authorities and respect the essential role of the judiciary in a democratic society.

Sincerely,

Laurel G. Bellows

cc: Hon. Hillary Clinton, U.S. Secretary of State

Hon. Michele J. Sison, U.S. Ambassador to Sri Lanka

Hon. Jaliya Wickramasuriya, Ambassador of Sri Lanka to the United States

Mr. Lalith Weeratunga, Secretary to H.E. the President

Professor Gamini Lakshman Peiris, Minister of External Affairs

Emily Fleckner, Sri Lanka Country Desk Office

Read the Original letter here

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Latest comments

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    FIRST OF ALL PRESENT RULING PARTY RAJAPASSAS AND HIS BRO CLAN DOES NOT REPECT THE LAW. THEY LOST THE PRESIDENTIAL ELECTION. SARATH FONSEKA WON THE PRESIDENTIAL ELECTION. BUT THEY ARRESTED HIM SO THAT IF SF WAS OUT THEY WOULD NT BE ABLE TO CHEAT THE ELECTION.
    RAJAPASSA DONT CARE ABOUT SRI LANKANS. THEY ONLY CARE ABOUT THIER FAMILIES ROBBING THE COUNTRY. RAJAPASSAS FARTHER WAS A WOMENIZER AND HE IS A ROBBER TOO. MAY LIGHTNING STRIKE UPON HIS GRAVE FOR BEARING SONS WHO ARE SO WHO WILL BE LEADING SRI LANKA IN TO DICATATORSHIP.
    THEIR IS THREAT TO PRIVATELY OWNED COMPANIES, PROPERTIES FROM THE TIME THESE IDIOTS WERE IN POWER.THEY KILL, STEAL, RAPE (INNOCENT YOUNG GIRLS INCLUDING THE PRESIDENT AND THE NAMAL WHO IS THE SON)

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      These folks should send this letter to the COMMONWEALTH OF NATIONS and ask them not to support a dictatorship and NOT hold the CHOGM in Lanka in November 2013..
      The withdrawal of the CHOGM is the only thing that will make Rajapakse sit up and take note and it is time that NGOs put pressure on Sharma and the Commonwealth of clowns to stop supporting third world dictatorships!

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        These USA, UK & Norweginas are playing politics. just Because of Tamil votes they start all these topics. They must look after their countries. We know how Bush won the elections by rigging. They helped the LTTE terrorists until last minute. What they wanted was a divided country. That will not happen. Sri Lankans should decide on the political set up of the country. If our Govt. bum-sukced teh USA we would not have erdicated LTTE terrorists totally. Hats off to Sri Lnkabn Govt. Please do not interfere wiht our country. And we will not allow that.

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          Ranjith,
          Go and check your history. It was USA, West and India who helped Rajapakse to win LTTE war. USA trained our soidiers and authorised Israel to sell weapons to Sri Lanka.

          MR killing V.Prabhakaran while safeguarding KP and Karuna is questionable. VP had more information than KP and Karuna. MR could have killed VP after gathering all the info. including killing Rajiv Gandhi. But MR killing VP is questionable.

          Now MR dancing according to China tune by challanging West, UN and CW.
          MR already sold country to China and very soon will acquire Norochcholai and Saqmpoor Power plants. Minister Patali Champika Ranawaka was fired because he did not agree for giving Sampoor to China.

          China already in Sri Lanka Tea, tourism and arms business, and next China yuan company owners for safeguarding MR family.

          Suba anagathayak.

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    MAY LIGHTNING STRIKE UPON RAJAPASKES FARTHERS GRAVE FOR BEARING SONS WHO ARE SO WHO WILL BE LEADING SRI LANKA IN TO DICATATORSHIP

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      If not for Rajapakse sons our country was defintiley divided by now. He selected the4 best person as Defense Scretary and Sarath Fonseka, the able Army man to wipe out the LTTE bastards. How many Sinhales, Tamils, Muslims were killed by these fellows. No Tamil politician was spared. Writer wanted a LTTE Dictatorship. That is good fro him. UNP backbonless leader Ranil was to give teh North & East on a platter to LTTE with Norwegian fellows. That is why UNP has no place in this country. People will not allow UNP to come back. They know that the country will go into pieces with these backboneless fellows. UNP Premadasa chased the Indian army when the LTTE were to be eradicated. This is how these leaders messed up our country.

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        Ranjith,

        If not for USA banning LTTE as a terrorist organisation and jail it’s funders and arms procruitors, giving training to our security forces, kept our trade contracts and GSP going during the hight of war, selling modern equipments throug Israel, kept international sea lanes guarded and giving moral support to Govt. etc,etc…and if these incentives were not given to all the Sri Lanka rulers including Rajapakses during war…..do you think MR would have ever won the war.

        Same with India who gave all the support to us during the LTTE war.

        But after war ended Rajapakses tried to play their Hambantota magic Puppet show games with both International community and India by not fulfilling their obligations agreed to them after completion of the war.

        Rajapakses wanted to get the full credit for winning the war while Gen.Fonseka who won the war was Jailed……when war criminal and Karuna Amman and KP who gave millions to him was kept in his bossom.

        Similarly he Fired Chief Justice to dictate the whole Judiciary under him while his pal criminal Mervin Silva was left free.

        This is the reason what happened to Pres. Rajapakse when he went twice to England. On both occasions MR got feared of rotten tomato trash and came back home half way.

        Similarly MR got scared to go to Malaysia for world Muslim trade association fearing another rotten tomato attcak, where the people already warned him prior to his tour……and subsequently he cancelled it.

        Similarly he may get another treat when he go to India on this Friday where already planning to protest………and the following trips to Europe Canada, USA or Australia.

        MR may talk big in Sri Lanka……but hiding when goes abroad.

        These would not have happened if he followed the International Law and norms and behaved as a Gentleman and not as Hambantota cool maqgic Mademulana Comedy Trick Puppet showman.

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          When was the LTTE supporters jailing done? Isn`t it after the eradication of the LTTE Bastards?
          Indian support? – If not for the bold steps taken by MR to continue with the wiping off of the LTTE without listening to old crock Karunanidhi the terrorists would not have been eradicated.
          Sarath Fonseka – Where was he before MR became President. Did Chandrika or Ranil ( backboneless fellow) considered him for a place in the army. UNP fellows in Parliament said this fellow is not even fit to be to manager of a `brassier` manufacturing firm. With all these, the fellow listened to the UNP.
          Fonseka was a ungrateful fellow to go against the person who helped him to become a powerful army man. We pitty him. He was a pawn of USA. He was used by UNP/JVP & others who had no backbone to challange MR.
          Now Sarath Fonseka is in the UTAC Club ( Used & Thrown Away Club).
          Where was his son-in-law? He gave a faked State Bank Guarantee for a tender & won it. That is the reason he his hiding in USA.
          Can you & I give Bogus Guarantees & survive. Will end with this.

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            It is China that safeguarding MR and for it MR is selling Sri Lanka to China.
            All tenders and projects, hambanthota harbour, Air port, stadiums, road constructions, giving Colombo 7 land without taxes, giving land for hotel projects, tea estates, Norochcholai power plant, Sampoor power project,etc……all are given to China for giving Commissions to MR family and Protection from China.

            That’s why MR playing pandu with UN, EU and CW now.

            Suba Anagathayak.

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          Jayantha,
          Did not Obama wanted Rajapakse to allow Pirapakaran to surrender to a third party towards the end of the war? If they really wanted Sri Lanka to finish terrorists should they not have asked Rajapakse to shoot Pirapakaran the same way their seals shot Bin Laden? I am sure the US wanted LTTE to plan for Eelam war V.

          Miliband and Kushner did the same. They came running here at the last minute and asked Rajapakse to stop the war, save teras in toto. Why? They too wanted LTTE to reorganise for Eelam war V?

          If Rajapakse had accepted IC advice like that, we would be like Libya today. For our luck Rajapakse had rejected all their pressure and eradicated the bustards. So it is only right he takes the credit for it.

          It is Rajapakse who gave a chance for Fonseka to be a General. Otherwise, he would be a another unknown Major General today. If mass accept Fonseka had being victimised they should have followed him to bigger and bigger rallies. But he is unable to organise even a simple rally today. Why? Because people know he has become a puppet of the IC which they hate.
          Leela

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            Leela,

            Good question. I hope you know that USA is the first country to proscribe LTTE as a terrorist group and only after that other countries followed its ban.

            Also you should know that USA stopped all LTTE funds and fundraising activities, advocacy groups and jailed LTTE arms procurers in west,authorised Israel to sell weapons to Sri Lanka and trained our soldiers through their elete Green Beret and Seals etc..who killed Bin Laden.

            So now you trying to say that after helping Sri Lanka with all of the above to crush LTTE….and also after their own USA WTC was bombed by Bin Laden while fighting in Afganistan…….both USA and UK wanted to save VP for another eelam war 5…… No you are wrong and It’s an absurd argument by your own negative thinking.

            The way I see it Both USA,UK and EU had many questions to ask from VP regarding the terrorist network, his operations, drug and shipping business, money laundering, Killing of Rajiv Gandhi and his affiliates with many other terririst groups around the world.

            It is similar to how President kept both Karuna and KP to get more information. You know killing of a captured terririst is the easiest thing to do………but gathering informations re. terrorist network is more important before killing……which MR lost that opportunity…….and Iam still confused why he killed.

            My question is if MR spared both KP and Karuna…..both are high value terrorists ALIVE…..WHY HE KILLED THE MOST IMPORTANT LTTE LEADER BEFORE GATHERING INFO. SPECIALLY TO FIND WHO KILLED RAJIVE GANDHI AND WHY….AND OTHER FINANCE AND ASSET INFO. WHICH BY KILLING VP, GOVT LOST ACCESS TO BILLIONS OF LTTE DOLLARS.

            Therefore by Killing VP was the biggest blundar MR did before getting these info. and the most valuable ASSET in the eelam war.

            I hope you know how JVP Rohana Wijeweere was killed after capturing him alive……. MR let down both Sri Lankan and International community while depriving to obtain golden info. and Billions of LTTE Dollars invested in foreign countries and businesses.
            It is a MR conspiracy to kill VP before gathering info.

            Your theory as to ” They too wanted LTTE to reorganise for Eelam war V?”….. and make Sri Lanka another Libya ……is a joke and pure bullshit. Ask from KP and Karuna.

            What chances Rajapakses gave to Gen. Sarath Fonseka……..Didn’t you forget that Gen.Kobbekaduwa, Ge.Rohan Daluwatte and all other top generals could not penerate Tiger front lines even after given them an open check to buy anything they want from Pres.Chandrika…..but they couldn’t. It was only Gen.Fonseka who could do it and Gotabaya knew his capabilities while using the same weapons brought earlier..

            Also it was only Gen. Fonseka who recovered from three LTTE assissanation attemps and still fought the war with half stomach been cut and brought victory to Sri Lanka.

            Therefore don’t talk bullshit saying Rajapakse gave a chance to Gen.Fonseka.It was feared baya Gota who ran to USA when Gen.Fonseka fought the battle and earned his medals and he fully deserve all our respect…..not coward Rajapakses.

            Yes it is nothing but coward Rajapakse illegal propeganda,coward Gota white van abductions and using hit squads to intimidate, and using computer gilmarts that made Gen.Fonseka unable to organise a simple rally.

            ONCE A COWARD ALWAYS A COWARD. PLEASE TELL YOUR BIG BOSSES NOT TO BE COWARDS, BUT COME OUT AND FACE OPPONENT FACE TO FACE AND NOT TO USE WHITE VAN CROOK MURDERERS TO INTIMIDATE UNARMED PEOPLE.

            Finally I am still looking answers as to who told MARA to kill VP when the whole world wanted to spare him to get informations, while MARA safeguarding KP and Karuna. I think there is a conspiracy behind this VP killing.

            Also the only country which benefitted form this whole episode is NOBODY BUT CHINA.

            MR doing everything what CHINA tells him to do including not to listen to UN, CW and EU and other countries.

            MARA HAS ALREADY SOLD SRI LANKA TO CHINA……AND THE LATEST IS AFTER CHINA BROKE DOWN PURPOSELY NOROCHCHOLAI POWER PLANT 14 TIMES IN ONE YEAR LOOSING SRI LANKA EIGHT BILLION RUPEES……..NOW WANT TO TAKE OVER THE WHOLE OPERATION INCLUDING THE SAMPOOR POWER PROJECT……..AND SINCE POWER MINISTER PATALI CHAMPIKA RANAWAKE WAS AGAINST IT, HE WAS REPLACED BY PAVITHRA VANNIARCHCHI.

            FOR SELLING SRI LANKA TO CHINA WHAT MARA EXPECT FROM CHINA IS IT’S PROTECTION TO MARA HIS FAMILY SAFETY AND TO RULE SRI LANKA.

            Please read my following comment.
            The latest Govt. strategy is to Bankrupt Sri Lanka’s tea Industry and hand it over to China Business Cartel.

            While knowing that both private tea companies and the tea small holders are operating just at Break Even, Govt. suddenly without giving any notice or even without informig the Plantation Ministry suddenly added another 10.oo rupees per each kilo for bulk tea exports,using Minister Rishard Baudaudeen while knowing at the moment the whole Tea industry is running at a loss.

            Please read the following web.
            http://www.mawbima.lk/34-14400-news-detail.html

            This is a preplanned to bankrupt out Tea industry and to hand them over to China Companies. Govt. have already handed some tea plantations to China.

            Also the latest news is Govt. plan to hand over the full operations of Both Norochcholai power palant and the Sampoor Power project to The China National Machinery Import and Export Corporation (CMEC)

            Afrter China made the Norochcholai power plant to breakdown 14 time during last 14 month…loosing 8 Billion rupees loss…..now it is suggesting to Govt. to hand over the whole Plant and electricity generation to them.

            Please read the following web.
            http://www.thesundayleader.lk/2012/08/19/norochcholai-always-breakdown-ceb-losses-6-5-billion-rupees-and-counting/

            Therefore the Govt. plan In future is to bankrupt private sector manufacturing and service sector industry and sell them to China who will Run both the Administration and Industry sector, tourism, Businesses and the Armed forces……..similar to Sterling companies.

            Await for Asia’s Miracle….Mahinda Chinthana Part 2 Ashchariya.

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    madam, how dare you demand for restoration! at least a two score and ten years the likes of you from your country and the coalition members have been sitting and plotting the demise of the smaller nations with agendas’to suit your policies have brought the downfall of the last pillar of hope a peace loving true citizen of srilanka had hope on.
    JUSTICE IS BURIED, IF ANY, HAS TO BE REBORN as the majority of the nation believe.

  • 0
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    It is an indisputable fact that both India and the United States extended their support to the MR regime to decimate the LTTE. However, it has become a fashion for some government politicians like Modawansa to use the States as a whipping boy. They send their wives and children to the States on pleasure trips while breathing fire and brimstone at that country from political platforms. The height of hypocrisy!

  • 0
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    US supreme Court Judges are highly screened by Politicians (Senate and the Congress ?) and there after only they are approved for the courts. In other words, US appoints Supreme court Judges who are only partial to the US -views.

    Sri Lankan govt did not do the same and appointed just for professional qualifications. that is why SL govt came to the place where they are.

    So, we can understand whether the US supreme courts are really independent and if so, for what views they are willing to take independent decisions.

    For example, US Supreme court appointees are questioned even with respect to their views on abortions. That is simply questioning about their religious views.

  • 0
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    The srilanka shouldbe control the terrorism ………….and also it try to obey the human rights rules

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