Colombo Telegraph
Summons had been delivered to Maj. Gen. Silva’s residence in New York. A 19-page plaint filed in the District Court on behalf of Vathsala Devi and Seetharam Sivam (plaintiffs) seeks a jury trial against Major General Silva. This is over the death of Vathsala Devi’s husband Thurairajasingham Devi (Colonel Ramesh). Seetharam Sivam is described as the legal representative of his father Siththar Sivaram who was reportedly killed in the alleged Army shelling of Puthukudiyiruppu during the final stages of the separatist war.
The subpoena (or summons) had been delivered to Maj. Gen. Silva's residence and has been accepted, as required by the US law,
American University Washington College of Law’s UNROW Human Rights Impact Litigation Clinic filed the lawsuit in the Southern District of New York (SDNY) against Sri Lankan General Shavendra Silva, who currently resides in New York City yesterday (23). General Silva was the commander of the 58th Division of the Sri Lankan Army during its brutal counter-insurgency campaign that costs the lives of up to 40,000 civilians in spring 2009. General Silva currently resides in New York City, and is Sri Lanka’s Acting Permanent Representative to the United Nations. As the United Nations General Assembly is ongoing, this lawsuit shines a spotlight on a war criminal in its midst.
As commander of the 58th Division, General Silva was responsible for conducting Sri Lanka’s bitter and brutal war against Tamils in northern Sri Lanka, and directly caused the untold suffering of thousands of Tamil civilians. Under the auspices of “fighting terrorism”, General Silva led the Army’s campaign of war crimes and crimes against humanity across northern Sri Lanka. In particular, protected persons – civilians – and protected places – hospitals – were deliberately attacked by General Silva and his forces, which violates Sri Lankan law, American law and international law. General Silva is also responsible for the torture and extrajudicial executions of surrendering members of the Liberation Tigers of Tamil Eelam (LTTE), in clear contravention of the laws of war.
Diplomatic immunity in questions
“These egregious violations of international and domestic law have gone unanswered for over two years now, as survivors continue to suffer in suffocating silence on the island. Finally, after years of waiting for someone to answer for the loss of loved ones, the voices of Tamil victims and survivors have been granted their day in court. Today, U.S. courts provide a forum for justice and accountability, where there would otherwise be continued impunity for Sri Lanka’s crimes against Tamils,” said Ali Beydoun, lead counsel on this case, director at American University Washington College of Law’s UNROW Human Rights Impact Litigation Clinic, and a Senior Partner at SPEAK Human Rights Initiative.
Up to 40,000 Tamil civilians were killed in the final months of Sri Lanka’s military onslaught against Tamil regions in 2009, according to a report from a United Nations Panel of Experts. However, over two years later, there have been no investigations or prosecutions of those responsible for war crimes and crimes against humanity. “This lawsuit is one small yet substantial step towards accountability for Sri Lanka’s bloodbath on the beach. We will continue pursuing these cases until justice is served,” Beydoun said.
This lawsuit seeks damages for violations of international, Sri Lankan and domestic law under the Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA). These statutes grant jurisdiction to U.S. courts over human rights violations committed abroad, and serve to ensure that the U.S. does not become a safe haven for war criminals.The day will not be getting any easier for Sri Lanka’s President Mahinda Rajapaksa, as massive protests greet his arrival in New York for the 66th U.N. General Assembly. This day marks a uniquely perfect storm for justice, as demands for accountability begin to echo throughout New York and the world.
Ramesh was captured and later killed. watch the video here.
[youtube=http://www.youtube.com/watch?v=mgHP9I-eB7M]
Gamma W Nawala / September 24, 2011
Shavendra has to take a decision soon. If he stays in USA, he could be jailed (but not killed). On the other hand, if he comes back to Sri Lanka, the chances are that he will be eliminated to hide all the Government secrets. But, he has a chance of living in exile in a country like France. The LTTE is also quite strong. But he will be given protection by the French authorities if he comes out with all the GOSL secrets and also the bogus and fabricated accusations against General Fonseka. I think he is a Christian and if he believes in God, he should come out with the real truth and save the life of General Fonseka who is jailed for being in the Tender Board which ordered some batteries and compasses through a Company of which his Son-in-law is a Director. I think time has come for all the peace-loving Sri Lankans to rise against the dictatorial regime to save the life of General Fonseka.
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Kamalika Rathnayaka / September 25, 2011
Better Late than Never. There should be more in line including the maniac gotabaya who still continues to suppress human rights.
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Kaplia Kala / September 25, 2011
Wow USA aiding feeding harbouring LTTE terrorists. Whose gonna impose sanctions? Typical double standard policy toward developing nations. We salute you major general. No one can touch you. Allah bless you.
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Sam samarakoon / September 29, 2011
I have no idea about all these people saying many things. Don’t you stupid brains at least sense that Killing Field carried out by LTTE Bloody, Brutal, killing is over.
How much of innocent children, people got killed because of this maniac.
As normal sri lankan we want to live !!!!!!!!
Please see this USA and EUROPE!!!!!!!!!!!!!!!
We want to live peacefully,
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Carlton UAE / September 24, 2011
Biggest mistake made by the foreign countries accepting war criminals as diplomats in first instance. In USA President Obama completly failed in every sense. But other countries could reject accepting war crminlas to dimplomatic missions. But they did not do that. Generally Sri lankn foreign mission full of rapists, criminals, uneducated politrical henchmen and robbers. I guess Sudan and Ethiopea much much better than this. Tamils understand India never ever for you. Go behind tamils China and Russia you are much much better than this. Where educated tamils?
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Jayasooriya - Rathmalana / September 25, 2011
Hey hey, Carlton, The Terrorists of Tamil Tigers did not comply with any law. The chaotic miserable state they created in Sri Lanka was much bigger than the suffering of 911 by the people in USA. This is not to undermine the crying souls of Americans due to ‘creativity’by megalomaniac terrorists of Al Qaeda by bringing down the twin towers. I do cry with fellow citizens.
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Jayasooriya - Rathmalana / September 25, 2011
But Sri Lankans had similar experiences thought the last 30 years due to cruelty of terrorism. They were fortunate to get rid of terrorism which was thought to be unimaginable in depth. American soldiers die in non friendly terrains as true heroes for the same cause of prevention of terrorism. This is an ongoing battle of life and death where no Human right watch /clinic involved. One day if USA and allies are successful in wiping out deadly terrorists then the vacuum would be filled by so called human right lovers with no time as in this case. The Human rights should be applicable to every person including the terrorist and the soldier too. Human rights should be a guidance to existence of the Human world, not to destroy it.
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Vitha / September 25, 2011
All Sri Lankan diplomatic missions are filled with political henchmen . All are rapists, bloody crooks, personal henchman, sexually convicted criminals, abusers of public money, disable men, gangsters,Traitors, unqualified people, thugs, criminals, law breakers, tax evaders, spys, and play boys etc. USA Jaliya malaysia man very old,srevice man Italy Hemantah warnakulasooriya, bad crook Italy New man Asitha perera , second job New men sent to Myanmar
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D J / September 25, 2011
Hey F+++++++ng Vatha, You don’t know the meaning of what you say. Which diplomat is the convicted rapist? Or are you just dabbling but not sure about the word ‘Convict’? You include all diplomats in your attack. Does that inlude Ms, Wagiswara as well? Is she a convicted rapist as well?
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Dr Kasun / September 25, 2011
You are such an arrogant little idiot. In Britain, David Blunkett, a totally blind man was the Education Minister under Tony Blair. Evenafter 15 years, you haven’t learnt anything. Have you ever heard of equal rights? I have a sincere advice and a request for you. Please, please if you ahve any kids, put them under care, never keep them at home, your pitiful knowledge and wisdom will destroy them. They deserve better. Talking about this article, it is a joke, a diaspora agents are at work for sure. But they can’t touch a diplomat. Shavendra has the diplomatic immunity. Also, UN report is not a refereed article but views of some three people. The courts will not consider it fit to use as an evidence paper. Basically diaspora wanted to do something during the President’s visit, they ran out of options and did this to amuse themselves. lol.
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Carlo F / September 25, 2011
Human rights should be applicable to every person including the terrorist and the soldier too. Human rights should be a guidance to existence of the Human world, not to destroy it.
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Thamilan / September 24, 2011
We’ll see whether Karuna Amman, Pilliyan, Adele Balasinham and Ruthrakumaran will also be tried like this
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Bathiya Senanayake / September 25, 2011
Why don’t the so called American University Intellectuals turn the Spotlight inwards and probe the War Criminal Activities of the US Presidents and Military Leaders in Iraq and Afghanistan? Come on! UNROW! Get Smart!
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Nayana Weerarathna - USA / September 26, 2011
This is great news. Next compensation claim will be filed in the US district courts by Mrs Bin Laden against the commander of the Navy Seals.Maybe followed by relatives of the prisoners in the Guantanamo Bay camps, half a million Iraqi civilians killed and many thousand Pakistani and Afghan civilians killed by the US drones …
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Bale / September 25, 2011
In USA there are loads of funny characters, who wants to do something to be under the spotlight.This organisation could be one of those. This could also be that this was a plot made by MR, Gotabaya and Palitha to bring Shavendra back to Sri Lanka. They know that if they ask Shavendra to return before he completes his sheduled period in UNO he might stay in USA and if that happens they know that they are doomed. So this Mr. Ali could be one of Paliths friend or a friend of a friend or it could that he is a friend of a tamil guy who supports MR. This law case mean nothingsince Shavendra is a diplomat and he has diplomat immunity against any legal action except for some exceptions. I think Shavendra knows all his ights and he would not take this seriously, however, he would be asked to return to Sri Lanka by the Foriegn ministry or the ministry of defence citing this as the reason
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Rathana Thero / September 26, 2011
This civil case against Shavendra Silva and Mahinda Rajapakse will lead to criminal cases to be filed at the ICC.
All information gathered in these cases will be used to file criminal lawsuits and issue arrest warrant of Shavendra Silva and Mahinda Rajapakse for war crimes by the ICC at
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Rathana Thero / September 26, 2011
the Hague.
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Kala Abewickrama / September 25, 2011
The wife of former LTTE commander Ramesh has filed a law suit in the US against Major General Shavendra Silva. Silva who is currently serving as the Deputy Permanent represantative of the country at the UN had recieved summons last evening in this regard.The wife of Ramesh was formerly a member of the LTTE female wing.
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Paran / September 25, 2011
How many criminal in the un compound ?
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Pingback: Shavendra case – Ministry of Defence is silence « Colombo Telegraph / September 25, 2011
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Raghavan Wijewardena / September 26, 2011
Also bring a similar case against Obama, Clinton and those officials who ordered and watched the capture, murder and disposal of the body of Bin Laden, afterall he was never tried or convicted in a court of law!!!!!
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Rathyaka Banda - USA / September 26, 2011
USA is not a dumping ground for Sri Lankan war crimminals.
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Suppa / September 26, 2011
Can Osama Bin Laden’s surviving family members sue Obama and Hilary Clinton in the US District Court for damages and compensation? Will the American University guys explain?
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Rnaraja / September 26, 2011
Can Osama Bin Laden’s surviving family members sue Obama and Hilary Clinton in the US District Court for damages and compensation? Will the American University guys explain?
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Max Silva / March 10, 2012
Ha ha ha Tamil Tiger terrorists lick Yakee boots.Last laugh eh!Nandikadal!The Americans will take the idiotic Tamil Tigers for a right royal ride.ha ha ha!Hope hope hope! That’s what VELU got.Give us more fun.The great Dravidians kissing uncle Sams boots,eh!Very nice!Keep us happy!
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Max Silva / March 10, 2012
How pathetic that that wonderful human being “VELU” left us so early!Kiss kiss Blake’s boots.You terrorists Tamil deserves it;.You idiots lost at Nandikadal,eh!We are prepared for second round Nandikadal.Make sure that you got your last wills in order!Ha ha ha!Let’s have a bit of re conciliation.But first have a bath.
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Max Silva / March 10, 2012
Who cares about Shavendra being issued summons?But watch out the PM of Tamil Ealm,Rudrakumaran,this Max Silva character might be lingering around.Never walk in dark alleys.If you want some more we will give it.Who knows that my friend Rudra will slip in the bath tub!That is what you call terrorism.You bloody Tamil tigers accept the fact you got defeated at Nandikdal.But if you want more,be prepared.You idiots are not going to book Max on war crimes,do you?A bunch of cry babies!
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