By Basil Fernando –
Basil Fernando
In the mid-1930s, Stalin staged several trials that are now known as Moscow Show Trials. The similarities and dissimilarities between them and the “trial by PSC” are as follows.
- Stalin’s trials had a façade of justice, in that they were conducted in a court by a judge and prosecutor, and it was an open trial. In fact, the wide openness of the trial was one of the very important factors of that kind of trial. However, the PSC trial is by seven parliamentarians and conducted in secret, and even the reporting of the process is contrary to the Standing Orders.
- The central aspect of Stalin’s trials was the confession; the accused admitting his guilt and apologizing to the nation. This was to create the public impression that the verdict is based on actual guilt, admitted by the accused himself. In a “PSC trial”, there is no such possibility of “voluntary” confessions. (In fact, in Stalin’s trials the confessions were obtained by torture and if the victims were not willing to make a public confession, they would have been killed without the trial. However, in a PSC trial the issue of proof, even in an artificial way, does not seem to be required. In fact, it is the issues relating to proof that are being challenged by the cases filed before the Supreme Court.)
- In Stalin’s trials, there was no show of hurry. Of course, the entire process was pre-determined and if anything went against the script, the cases were postponed and the victims were made to understand, by torture or otherwise, that the script has to be followed. In the PSC trial, there is a mighty hurry and, according to reports, even the request for a reasonable time for preparation by the Chief Justice has been denied.
- Stalin wanted the Western world to believe that the trial was a genuine one. That was the reason for allowing observers – and even inviting very high level observers – to the trial. When the PSC trial is held, ignoring requests by the Supreme Court to withhold the trial until they determine some questions relating to the legality of the PSC process, there is not even an attempt to give an impression of a fair trial.
A good book to read these days as we watched the PSC trials is Darkness at Noon by Arthur Koestler, where the sheer irony of so-called justice is brilliantly exposed.
Saman Wijesiri / November 25, 2012
“There is not even an attempt to give an impression of a fair trial.” Quite true, Basil. MR does not care about the reaction of the Western World, because he believes that China is on his side – ever ready to rush to his rescue. As regards, the local reaction, he knows that he can turn the tide of public opinion in his favor by making a `chest beating – I’ll sacrifice my life for the country’ speech or staging an exhibition of Sacred Buddha relics!The state media will look after the rest!
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Jayantha / November 25, 2012
Members in the Bar association, Supreme Court along with trade unions and opposition leaders should collaborate with the international Bar Association, foreign governments, foreign missions and Human Rights Commissions and should work some type of an International Travel Ban on Pres.Mahinda Rajapakse until he withdraws this CJ impeachment.
He can’t be having all the fun going from country to country with his anteraj creating phony, bogus and unnecessary meetings wasting Tax Payer money while people are suffering economically and fighting for their democracy and justice. After all we have foreign missions and BOI committee to promote business for Sri Lanka.
MARA UNNECESSARY INTERNATIONAL TRAVEL BAN IS A MUST.
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Jayantha / November 25, 2012
I also think that Sri Lankan Diaspora could help CJ by talking to those Govt. heads for a Pres. Mahinda Rajapakse international TRAVEL BAN until he withdraws this fradulant CJ impeachment. A collective effort will help all of us from falling Sri Lanka into a dictatorship.
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Safa / November 26, 2012
Our local Stalin is all about attacking educated people who dont do his bidding. To consort with him is like playing with fire which destroys others and ends up burning ones own fingers. There is no good that will come from this type of vindictive governance.
Good results come for good actions not bad. Good actions come from purity of thinking and character. Evil intentions begets evil deeds and bad results.
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upaliF / November 26, 2012
MR does not care. Some think that because the Commonwealth Heads of Government meeting (CHOGM) is to be held in Sri Lanka, he will be careful. But he does not care. He knows the limits of the international community. So, we cannot wait for the international community. We need to fight him. We need to find our own way. First thing is to unite. All anti-MR forces must unite.
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