17 December, 2017

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Sri Lanka Lacks Judges And Prosecutors For War Crimes Cases: Wiggie

The Chief Minister of Northern Province C.V. Wigneswaran has welcomed the UN report on war crimes.

Chief Minister CV Wigneswaran

Chief Minister CV Wigneswaran

Wigneswaran who throughout had called for an international mechanism of inquiry to investigate war crimes charges has said that he is happy the report called for a Special Court with international judges and prosecutors.

Wigneswaran, a former Judge has said that Sri Lanka does not have judges and prosecutors who can take up war crimes cases.

Earlier, Wigneswaran told Colombo Telegraph that no Sri Lankan judge will ever find fault with the military.

Meanwhile he has also welcomed the resolution passed by the Tamil Nadu Assembly calling for an international inquiry into war crimes in Sri Lanka and urging the Indian Central government to move a strong resolution at the UN Human Rights Council (UNHRC) for such an inquiry.

“We thank Selvi Jayalalithaa for the extreme concern she has shown over our situation. It augurs well for the future. It demonstrates a sense of togetherness that exists between Tamils all over the world,” Wigneswaran had told the media.

“The resolution of the Tamil Nadu assembly is on the lines of the resolution the Northern Provincial Council passed earlier this month,” he had observed.

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Latest comments

  • 24
    1

    He proves himself experienced enough to tell, what the Judiciary of Sri Lanka is all about and the UN Human Rights Commission it self points us inadequacies of our entire system and to look at the penal-code applications!
    What a prediction it was!!

  • 21
    2

    Good Point.
    Sri Lankan indeed lacks impartial and intelligent Judges And Prosecutors.

    • 2
      1

      Rajash,

      “Sri Lankan indeed lacks impartial and intelligent Judges And Prosecutors.”

      Maybe we can persuade Mr Wigneswaran to return to his previous career instead of being the CM of NP?

      • 1
        0

        Well, he won’t, as per Natural Justice. As while delivering the judgment, no-one should be a judge in his own cause (Nemo iudex in causa sua)

        It is applicable to Sri Lankan Army and Government.

      • 0
        0

        “”Maybe we can persuade Mr Wigneswaran to return to his previous career instead of being the CM of NP?””

        ignorant-
        he has to be appointed by the sinhala politicians who are out to sabotage the cause of transparency and good governance.

    • 6
      0

      The English have got bad logic, but very good tentacles in their brains for sensing danger and preserving life.
      England has always given the criminal another name `Lord` and glorified the pirate.
      England did not do it by logic, did they? They did it by their tentacles.
      With few exceptions, democracy has not brought good government to new developing countries and Lankan Sinhala Muslims are the ones with the tentacles of passion that rule the land. The greatest wisdom is stupidity.

      When the FM of India is known to have used the tamil language in her state when there are no tamils to fight the Punjabi and lost.
      Why is Wiggy calling upon India to dilute the script as it did before. Since India spawned the Tiger and RAW seems to be doing it again why call India?

      Sinhalese and Muslims together vote for passion while logic is for dictators and stupid tamils.

      Bertrand Russell
      War does not determine who is right – only who is left.
      The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. One must care about a world one will not see.

  • 20
    1

    The U.N. High Commissioner for Human Rights is NOT a South African Tamil but a Jordanian Arab. Why is an Arab prince Zeid Ra`ad Al Hussein declared a war On Sri Lanka?

    What happened to Mahinda Rajapakshe’s WAR without witness for ‘Humanitarian Liberation’ with ‘Zero casualty’ policy?

    Zeid Ra`ad Al Hussein directly accuses Sri Lanka for the war crimes and has set the clock ticking for ‘Criminal investigation’ against War Criminals of Sri Lanka. The Sri Lankan stories of ‘Humanitarian Liberation’, ‘Zero civilian casualty’, etc, etc are all flushed down the UN Toilet. UN Has opened the doors wide for international involvement because they do not believe in ‘NATURAL JUSTICE’ from Sri Lanka. The Foundation of Sri Lanka as a ‘Responsible State’ that considers all citizens as equals goes for a toss with this Hard hitting UN Report. Prosecuting the Sri Lankan war criminals under Universal Jurisdiction is UN High Commissioner’s intention.

    Is the present regime going to save the Rajapakshes and his whole bunch of war criminals from a ride to Hague?

    • 5
      14

      We Thamizh can dream :D

      • 10
        2

        Wee Thamihz Siva Sankaran Sarma Menon

        “We Thamizh can dream :D”

        So opined A J P Kalam.

        “Dream is not that which you see while sleeping it is something that does not let you sleep.”

        ― A.P.J. Abdul Kalam

      • 6
        5

        Wee thamul journalist shiva is wearing incontinence pads!

        • 1
          5

          So chauvinist .. so crass

        • 0
          0

          [Edited out]

    • 0
      0

      Ravi,

      “Why is an Arab prince Zeid Ra`ad Al Hussein declared a war On Sri Lanka?”

      I believe that he has been influenced by his Christian Western mother from Sweden and wife from USA. He is not an ordinary Arab.

  • 10
    1

    The UN report covers the period 2002 to 2011. The period includes Ranil, Chandrika as well in leadership roles in addition to MR. So hold your horses this report is not going to go anywhere.

    • 6
      1

      … Its not looking good thought is it? Sri Lanka finally brought to account for decades of genocide / war crimes is looking more and more likely. Yes, the government will squirm and wriggle, but they are now in the jaws of the international justice process. And it is very necessary – for otherwise the next racist government will do the same. Sending abusive militaries to jail will change the world for the better .. be part of the change – don’t fight it.

    • 0
      0

      The period could cover 2002-2011 but Ranil and Chandrika does not have to worry as they are confident that war crimes or crimes against humanity were not committed under their watch.
      As its difficult to identify crimes with individuals more emphasis could be towards command responsibility like in the case of Yugoslavia.

  • 14
    1

    Some Examples to prove Why Srilanka Justice system is not for purpose:

    Former Chief Justice Sarath N Silva has apologised for the ruling he gave in support of then Prime Minister Mahinda Rajapaksa in 2005 the ‘Helping Hambantota’ case.

    Removal of former Chief Justice Sirani Bandaranaiyake by former President Mahinda Rajapakse and Reinstatement of her by current President Maithiri Sirisena.

    Former Sundey Leader Editor Lasantha was murdered just in front of a military check point in a daylight but the law & Order and Justice system failed to find justice.
    In 1989/90, thousands of innocent Sinhalese civilians were murdered and hundreds of maasgraves were identified, JVP leader was assasinated after arresting him under police custody, but no one was brought under justice.

    These are some of the examples of failure of Justice system in Srilanka where human rights violations and war crimes where Sinhalese victims were denied justice by Sinhala Govts. Think about Tamil victims?

  • 3
    5

    It is up to General Fonseka, (not the previous Government), to itemise the Human Rights Violations carried out by the LTTE and place them before an International Committee.

    Then this will Balance the Human Rights Violations and War Crimes, Listed by the Tamil Diaspora.

  • 1
    2

    To those interested:

    The full (abridged) report of the UNHCR -260 + pages- is available here;

    https://www.colombotelegraph.com/index.php/un-human-rights-boss-urges-creation-of-hybrid-special-court-in-sri-lanka/
    Dr.RN

  • 0
    1

    To those interested:

    The full (abridged) report of the UNHCR -260 + pages- is available here;

    https://www.colombotelegraph.com/index.php/un-human-rights-boss-urges-creation-of-hybrid-special-court-in-sri-lanka/
    Dr.RN

  • 5
    10

    Didn’t this donkey praise LTTE recently?

    Did he praise their “human rights values” ?

    • 0
      0

      [Edited out]

  • 10
    0

    Let’s check the credibility of Srilankan justice system.

    When was the last time any Srilankan court declared that it’s a criminal act by the government forces to occupy private lands in the North for 25+ years after chasing out people who have been living in their own private lands for many generations?

    It’s a human rights violation or crimes against humanity?

    Any Srilankan judge has the guts at least to issue an order on paper to move the forces out of the private lands?

    This is the pathetic state of Srilankan justice system.

    I wonder how come UN’s war crime report missed to point it out!

    • 0
      0

      A perfect comment with righteous indignation.

    • 2
      2

      Echo,
      The most unsubstantiated statements i have ever read. When SL is under threat of suicide murderers for over 30 years these are all necessary actions to safeguard the security of all citizens. I would further suggest that we keep our forces where ever in our land until the threat of terrorism is totally removed.

  • 0
    0

    I think that the report was balanced and SL govt is aware of it and should make an honest attempt to implement it fairly soon, the better.
    Justice Wigneswaran’s observations are correct and quite obvious.
    Very interesting challenge before the SL supreme court now, is the case of DEW Gunasekera trying to annul the appointments of parlimentarians who were defeated at the recent parliamentary elections.
    The outcome of this case might change the political scene for the better for at the present time the progress seems to be vey slow indeed.

  • 1
    1

    In one of the rare occasions Chief Minister Jayalalitha grew in stature with a forceful Resolution. CM, TN; applauded CM, NPC on the floor of the House. The Legislative Assembly endorsed it wholeheartedly and voted for it 100%.

    The news telecast conveyed the resoluteness of Tamil Nadu in a show of ethnic solidarity across the Straits.

  • 4
    2

    This man himself was a judge as far as I know. So if it is the case this man too was not qualified to sit in the bench

    • 2
      1

      Ajantha

      You are quite right in a way. Any person who has vested interests cannot and is debarred from sitting as judge and that is natural justice. He is a Tamil so he could have partiality towards the Tamils and so he stands disqualified and that is not because of any wrong doing or incapability of Mr. Vigneswaran but because of being a Tamil.

      Further, an accused (Sri Lankan side) cannot be also a judge for the case against him! That is against all norms of justice. Just because you are a qualified judge, that does make you eligible to hear case against you. Nobody will believe your verdict, you make on your behalf either way!

      It is for these reasons we want an international inquiry.

      I hope this clears any doubts.

  • 2
    0

    Echo.

    To check the credibility of the SriLankan Justice system?
    Just take a walk along the corridors of History of the Supreme Court of Ceylon/Srilanka,you would find the answer.
    The Supreme Court had great Judges like Sir Anton Bertram,Sir Sydney Abrahams,Sir Arthur Wijeyawardena and a long line of similar judges upto about 1970.The rot set in after that.
    Sarath.Nanda Silva and Mohan Pieris former Chief Justices wound up those earlier traditions.They both were round pegs in square holes!
    What we have now is square pegs in round holes!

  • 2
    0

    The hourable Chief Minister C.V. Wigneswaran is right. Not only do we lack judges and prosecutors but have no credibility and legitimacy in our legal system and criminal justice mechanism or any oversight for judges and prosecutors who are venal are investigated, tried, held accountable and imprisoned for their transgressions. Just look at the scum we have in the Attorney General’s department starting from a shameless AG himself.

  • 0
    0

    WalaGemba Raja,

    “Just look at the scum we have in the Attorney General’s department starting from a shameless AG himself.”

    The scum appears to be following the law despite attempts to interfere. That is what they are supposed to do.

    The AGs department should be independent and so should the courts and the police.

    I am very surprised to see how few understand this. Only the elderly maybe remember independent courts and police.

    Please study the constitution and find out how these authorities work in other countries.

  • 1
    0

    Sri Lanka has proved beyond all doubts we are totally incapable delivering justice. As for few examples the unsolved cases of the murder of the school students in Trincomalee by the security forces along the beach front when clear witnesses were available as to the identity of the perpetrators of this heinous crime and in another instance the 2006 Trincomalee Massacre of 17 NGO Workers by the security forces and no one so far prosecuted. The so called Greece men who harassed the people of Jaffna and the few who were cornered and chased ran into the army camps and so everyone knows who they are and who sent them.

    Sri Lanka is totally incapable and does not have the will or the talent to solve these crimes. Ample chances were given but the then Government mistook their signals for their lethargy but did not realize they only gave a long rope to hang.

    When people like Sarath Nanda Silva and Mohan Pieris being the Chief Justice the world knows standards of our justice system! They are a damn disgrace. I know it is wrong to drag the judiciary to the streets but it is they who dragged them to the streets, and for shameless Sarath Silva to publicly announce his wrong judgment against Mahinda Rajapakse and later to join him in the same election platform to support his election campaign is really disgusting.
    What is more disgusting and startling is the legal council or whatever disciplinary body governing the legal fraternity has taken no action what so ever to inquire Sarath Silva’s public admission. He should have got his name erased from the list even though now is retired. Not even an admonishment was served to this fool. Their disciplinary body should have issued a public statement following Sarath Silva’s admission of biased judgment. How do we now accept their verdict? That shows how the rest of the judges and lawyers are, no different to Sarath Silva or Mohan Pieris. We the public have lost total confidence in the justice Department in Sri Lanka right from the top and the whole lot has no right to inquire and punish people, bloody shameless people. Give up.

    Without an international panel of judges no justice will be met by the victims and that is for sure!

  • 1
    0

    “and urging the Indian Central government to move a strong resolution at the UN Human Rights Council (UNHRC) for such an inquiry.””

    Seen the closeness of Indian FM with Ranil (at New Delhi)as much as she (a former civil servants daughter)had with Mahinda. At war there are no friends just your kind only. Of each new-hatched, unfledged comrade-Beware they truly poop everywhere be- attached detached from their orbit.

    during the Central Bank scandal before the elections the Indian PM and Finance ministers did a `swap` of $1.5 billion with Sri Lanka (it means purchased Sri lankan currency totaling $1.5 billion from central the maker of lankan currency) This was against the wishes of the Governor Reserve Bank of India.(because it was bribery when India was needing reserves)

    Where was this Lankan currency distributed because it is not FDI ???

    Remember, the nations baldies and forces get free Indian training because it is poorer and smaller. These people who enjoy positions now are a purchasable commodity in the land of la la passion.

  • 0
    0

    There are some internationally renowned intellectuals in Sri Lanka such as Justice Christopher Weeramantry and ASG Kapila Waidyaratne who Served as a Trial Attorney at the United Nations International Criminal Tribunal for the former Yugoslavia from January 1998 to February 2003. Definitely there may be more Sri Lankans who can take the task. Why we underestimate our people?

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