24 October, 2017

Sri Lanka Must NOW Begin The Task Of Filing Charges & Establishing A Hybrid Court

By Usha S Sri-Skanda Rajah

Usha S Sri-Skanda-Rajah

Come March 2017 UN Must Act On Sri Lanka – Part 3

In the wake of a hybrid judicial mechanism being rejected outright by Sri Lanka, this article digs in, regardless of its unconscionable behavior, to examining what Sri Lanka must do NOW, the obligations the country promised to deliver and its blatant duplicity, the Council’s missed opportunity in Geneva and what should have been the outcome of the 34th session as a result of Sri Lanka’s wilful non-compliance and to exploring the avenues for justice available for Tamils..      

What Sri Lanka Must Do NOW

On the 23rd of March 2017 Sri Lanka co-sponsored Resolution hrc34/L1 (hrc34/L1) on Accountability, Reconciliation and Human Rights in Sri Lanka, incorporating hrc30/1 (hrc30/1) it previously co-sponsored on 1st October 2015 but failed to comply, giving new impetus to hrc30/1 in the form of hrc34/L1 – which was adopted by the UN Human Rights Council (Council) again without a vote. It is now incumbent upon Sri Lanka, as per its undertaking, to BEGIN the task of delivering the commitments it agreed under both resolutions – immediately. That would mean getting down to the important business of enacting legislation, appointing a special counsel, opening a special counsel’s office, establishing a hybrid court and filing war crimes charges, beginning – NOW.

The Obligations Sri Lanka Promised to Deliver and HC’s Call for Hybrid Court Same

The place to look, to have a better insight into what Sri Lanka’s obligations entail, is to read both, Operative Paragraphs 6 and 7 found in hrc30/1 and Operative Paragraph 4 found in hrc34/L1 in CONJUNTION with the High Commissioner for Human Rights, Prince Zeid bin Ra’ad al-Hussein’s ‘Conclusions and Recommendations’ under Paragraph 67 (a-j) captioned ‘Legislation and Justice’ in his February 2017 Report – the one he submitted to the Council on Sri Lanka – the obligations  in question cover the core provisions relating to both, for one, the creation of legislation to, “criminalize war crimes, crimes against humanity, genocide and enforced disappearances,” and the other, the investigation, prosecution, trial and punishment of those responsible for such ‘Mass Atrocity Crimes’. 

Not only has the Council under hrc34/L1 – Operative Paragraph 4 requested the High Commissioner to assess the progress of Sri Lanka’s implementation of his recommendations, it must be noted, the recommendations itself got the full endorsement of Member States – those that gave Sri Lanka a two year extension of the timeline for fulfillment of commitments under the resolutions, given with the expectation that the recommendations would be acted upon – with Member State after Member State, in their statements, during discussions at the Council, urging Sri Lanka to heed the High Commissioner’s recommendations.

This being the case, quite apart from the fact that the High Commissioner’s comprehensive 2017 report, based on proper assessment of all factors, gives form and meaning to hrc30/L1.

It’s worth mentioning at this point, notwithstanding hrc34/L1 – Operative paragraph 4 and the call by Member States for Sri Lanka to heed the High Commissioner’s recommendations, Deputy Foreign Affairs Minister of Sri Lanka, Harsha de Silva, backing away from a hybrid mechanism and finding somehow some ambiguity in the words in hrc30/1, when none exists – is now insisting, undoubtedly in error, that Sri Lanka did not sign up to a hybrid court.  Reading the requisite sections, there is no denying the High Commissioner’s recommendations are the right interpretation of Operative Paragraph 6 (and 7). 

Looking at hrc30/1 – Operative Paragraph 6, it becomes clear, the drafters undeniably were providing for a hybrid court: The Council, “notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel… affirms that a credible justice process should include independent judicial and prosecutorial institutions.. and also affirms in this regard the IMPORTANCE of PARTICIPATION in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators.”

And then reading that Operative Paragraph 6 in CONJUNCTION with the High Commissioner’s core recommendations, paragraph 67 (a-j) given in full here below, it becomes even more abundantly clear that the Council and the High Commissioner were on the same page with the High Commissioner’s Recommendations calling for Sri Lanka to: 

  1. Implement the recommendations of the Special Rapporteur on the independence of judges and lawyers following the country visit in April-May 2016;
  2. Review the Victim and Witness Protection Act with a view to incorporating strong safeguards for the independence and effectiveness of the victim and witness protection programme, in accordance with international standards;
  3. Accede to the additional protocols to the Geneva Conventions, and to the Rome Statute of the International Criminal Court;
  4. Enact legislation to criminalize war crimes, crimes against humanity, genocide and enforced disappearances without statutes of limitation, and enact modes of criminal liability, in particular command or superior responsibility;
  5. Consider, as part of the constitutional reform process, the inclusion of a transitional clause to facilitate the establishment of transitional justice mechanisms and offer guarantees of redress to all those whose rights have been violated;
  6. Adopt legislation establishing a hybrid court, which should include international judges, defence lawyers, prosecutors and investigators, to investigate allegations of violations and abuses of international human rights law and violations of international humanitarian law, and provide it with the resources necessary to enable it to try those responsible promptly and effectively;
  7. Strengthen the forensic capacity of the police and judiciary and ensure that it is adequately resourced, including for DNA testing, forensic anthropology and archaeology;
  8. Replace the Prevention of Terrorism Act by legislation that adheres to the best international practices;
  9. Review all cases of detainees held under the Prevention of Terrorism Act with the aim of either releasing them or bringing them immediately to trial; establish a moratorium for the use of the Act for new arrests until it is replaced by legislation that adheres to international best practices; and review the cases of those convicted under the Act and are serving long sentences, particularly where convictions were based solely on confessions;
  10. Promptly investigate and prosecute all allegations of torture and other gross human rights violations, and give the highest priority to long-standing emblematic cases so as to regain public confidence in the justice system; and implement fully the recommendations of the Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment and of the Committee against Torture.

It must be borne in mind, a, c and e of paragraph 67 above, are additional recommendations, among other, the High Commissioner made in his February 2017 report under the caption, Legislation and justice.

High Commissioner Recommends Sri Lanka Accede to Rome Statute, TGTE’s Call

It is noteworthy the High Commissioner has recommended that Sri Lanka sign up to both the Additional Protocols to the Geneva Conventions – relating to victims of armed conflicts, and the Rome Statute of the International Criminal Court (ICC) – where war crimes, crimes against humanity and genocide are prosecuted (67 c). Sri Lanka has neither acceded nor ratified either of these UN enactments. Could this be a subtle hint coming from the High Commissioner that an ICC referral is imminent if Sri Lanka backtracks on delivering on a hybrid mechanism?

In fact the TGTE (Transnational Government of Tamil Eelam) secured more than 1.6 million signatures, long advocating for Sri Lanka to be referred to the ICC, by either making a call to the  UN General Assembly with recommendation to establish a special tribunal under Article 22 of the UN Charter or under Article 13 (b) of the Rome Statute, through the UN Security Council, regardless of Sri Lanka’s refusal to ratify. Many Tamil politicians – some from the TNA, provincial councilors, lawyers, academics, professionals, activists, organizations and civil society members, seeking justice for victims of genocide are united in their call for an ICC referral as was seen at these sessions and by the joint appeal made by civil society organisations. It is to be noted, the calls for Sri Lanka to be referred is growing – apart from the High Commissioner, Estonia was one of those Member States that specifically asked Sri Lanka to ratify the Rome Statute.

The International Educational Development raised the issue of ICC referral at the general debate on ‘technical assistance and capacity building’ that the Council held, expressing disappointment at the Council’s failure to “explicitly require a hybrid court” and for “not even having a debate in a transparent manner”, urging  it to, “comply with the 1.6 million signatures the Tamil victims had collected in a call for the referral of the situation in Sri Lanka to the United Nations General Assembly with recommendations to establish a Special Tribunal or to refer the situation to the United Nations Security Council for referral to the International Criminal Court.” 

The High Commissioner’s additional recommendations got Sri Lanka so worried that prompted Harsha de Silva to clarify, “no new commitments arose from hrc34/L1  and that “there is a big difference,” between the resolution and the High Commissioners report.

Council’s Missed Opportunity

It must be said, examining High Commissioner’s damning reports of February 2017 and September 2015  and Sri Lanka’s brazen non-compliance of hrc30/1, one would have thought the Council would act decisively on Sri Lanka than give it a two year extension. Worse still, Sri Lanka’s outright refusal, to neither, “affirm foreign participation in its judicial mechanism,” nor “allow for the trial and punishment of those responsible,” including showing little or no propensity for a comprehensive plan for the reform of domestic law, made explicit, outside of the Council, by its leaders – but within hearing distance, should definitely have induced the Council to put Sri Lanka on notice, but it was not to be.

It was a crying shame the outcome at the end of the session was the adoption of another resolution that came with a two year extension in timeline for its implementation, with no strict, time bound bench marks, and no requisite element in place for any eventual non-compliance – an outcome that failed victims and failed them badly.

Flouting the Vetting Procedure

Sri Lanka has yet again managed to buck the United Nations System, and has returned from Geneva feeling smug and victorious – the Sirisena regime pretty chaffed at having told barefaced lies to the Council, while telling entirely a different story to its people back home, openly placating those allegedly implicated in ‘Mass Atrocity Crimes’; President Maithripala Sirisena , showing utter contempt by appointing, “only days after” the 34th session, “an alleged war criminal”, Major General Shavendra Silva, as Adjutant General of the Sri Lankan Army – Shavendra Silva, who, “commanded the notorious 58 Division during the final phase of Sri Lanka’s civil war.” President Sirisena  was “flouting the vetting procedures pertaining to the security sector”; one which Sri Lanka undertook to abide by, reiterated in both the resolutions Sri Lanka signed up to, and additionally by the High Commissioner in his reports, a procedure used to vet members of the armed forces, for example, before being selected to serve in ‘peace keeping’ missions; the appointment condemned by International Truth and Justice Project as, “a slap in the face to tens of thousands of victims still waiting for justice eight years after the war ended.” Shavendra Silva, according to ITJP’s Executive Director, Yasmin Sooka, “a man the former High Commissioner for Human Rights, Navi Pillai, said had, at the very, least a case to answer regarding international crimes.” 

Despite its unashamedly two faced persona, Sri Lanka has emerged totally unscathed with a gift of a two year extension in its pocket, achieved with effortless ease, with no consequences whatsoever for non-compliance; the only redeeming feature for Tamil victims being the Council’s and the OHCHR’s continued engagement with Sri Lanka that the new resolution continues to provide for.

Council’s Failure to Set Strict Benchmarks a Serious Omission

In adopting hrc34/L1, the Member States’ woeful lack of commonsense and sound judgment, and its failure to hold Sri Lanka to account, amounting to a serious and glaring omission in its text, has now become apparent, which experts in the  Sri Lanka ‘Monitoring and Accountability Panel’ – MAP, have “noted with concern”, as falling short of the desired, “strict benchmarks and deadlines (that needed to be set by the Council) for implementing transitional justice mechanisms established in hrc30/1.”

MAP which is a TGTE appointed, independently functioning panel of legal experts, specialised in war crimes tribunals, in its response to the final draft, had identified this omission as a failing in the text of hrc34/L1 considering, “based on the lack of significant progress seen thus far, simply providing time frames for the GSL and the Office of the High Commissioner for Human Rights to report on the implementation of Resolution 30/1 at the 37th and 40thHRC Sessions is not enough to ensure that the GSL abides by its commitments and obligations.”

Then the fault must lie with the Member States surely, handing Sri Lanka a further two year extension on a platter with no conditions attached – States who didn’t seem to have the prudence or good sense to see through the sham, or, who simply refused to admit to Sri Lanka’s shenanigans and act on it – overlooking the need for strict bench marks and an ICC referral – in the event of any future conceivable non-compliance; the ICC referral – a critical requirement that should have been incorporated in the new resolution, in the face of Sri Lanka’s flagrant disregard for the hrc30/1 it had co-sponsored earlier, and of its open declaration to flout hrc34/L1, the – that which, its leaders, without exception, openly vow they would contravene and wouldn’t comply with.

Sri Lanka’s blatant Duplicity and Unconscionable Behavior

It sure is illogical, otherwise could only be attributed to willful indifference or to some sinister self interest on the part of Member States, to offer Sri Lanka a two year extension simply do what it says it won’t do; In other words, while President Sirisena and his regime’s leading figures, back in Sri Lanka, were claiming – like Prime Minister Ranil Wickremesinghe saying no to “foreign judges” and categorically stating, “Sri Lanka would not join the ICC,” – with Chandrika Kumaratunga declaring, “no war hero who killed terrorists will be punished,” – and the president asserting, that they as a “sovereign nation” are not beholden to anyone and “are not ready to make any war hero a suspect,”dismissing any foreign involvement in Sri Lanka’s judicial process, two of his Ministers, holding the fort in Geneva – had made and were making hollow promises; with, Harsha de Silva, going as far to, “reiterate.. resolve and reaffirm (Sri Lanka’s) commitment to the reconciliation process and commitments articulated in hrc30/1.” This despite the President mindfully aware of the pronouncements his Ministers were making at the Council, even boldly telling his armed forces that, “the most powerful world leaders have assured him that they would stand by Sri Lanka’s independence and democracy as well as on issues pertaining to the members of the armed forces.”

Sri Lanka’s shameless duplicity has made a mockery of the Council just like it did the Norway brokered peace process between Sri Lanka and the LTTE (Liberation Tigers of Tamil Eelam), right from its inception – the blame for the failure of which Sri Lanka deviously and unjustly try to lay on the LTTE, when Sri Lanka was the worst offender. It’s unfortunate that Member States have chosen to ignore Sri Lanka’s charade. 

The seemingly iron clad guarantees, Mangala Samaraweera gave earlier at the start of the sessions and Harsha de Silva gave to the Council when making his submissions during the ‘Interactive Dialogue’ – have been proven to be outrageous lies – amounting to a shameless display of duplicity that Sri Lankan governments are famous for. A true Sri Lankan would have cringed to hear the Minister inform the Council of Sri Lanka’s request, “for a two-year extension of the timeline for fulfillment of commitments made in hrc30/1 , boldly stating with unabashed conviction, his own and that of his leaders’ “determination to stay the course, ” when adding insult to injury the two ministers who vowed to fulfill Sri Lanka’s commitments under hrc30/1 in Geneva have now recanted on the issue of a hybrid judicial mechanism.

What’s more important are Mangala Samaraweera’s words returning from Geneva, explaining Sri Lanka’s road map and alluding to foreign judges and asking “why the obsession” with it. This in addition to dropping another bombshell, as he tells Sri Lanka’s Sunday Observer news paper, they (the government) were, “not going to touch the judicial mechanism straightaway.” In truth, in his telling interview given to Sri Lanka’s Sunday Observer, Mangala Samaraweera should have essentially first talked about opening a special counsel’s office, more specifically about appointing a “special counsel”, to get on with the nitty-gritties of a judicial process – One that, the former US Ambassador-at-large for war crimes, now attached to The Hague Institute For Global Justice, Steven Rapp, told TGTE, he expects Sri Lanka would do – “Now”, meaning right away . Instead the Minister was mentioning a “truth seeking mechanism (that too its own unique one not unlike the South African TRC), and a Missing Persons office”, that would he said, “gain the confidence of all concerned,” believing if these were in place, “the demand by the people, for such a judicial mechanism may also drift away,” happily mentioning in the same breath that he had, “won the trust and confidence of people like Father Emmanuel,” of the Global Tamil Forum.

Harsha de Silva on the other hand wrote out his little thesis on face book harping on the word “participation“and ripping it apart to explain it did not mean “hybrid court”:’

And I quote:

“Participation has multiple definitions. What certain sections are trying to say is that ‘participation’ means a ‘hybrid court’ that consists of foreign judges sitting on the bench hearing cases. By misleading the public in to equating ‘participation’ to ‘hybrid’ some Sinhala groups claim Government sold out and some Tamil groups claim the Government gave in.

What the President and PM and also FM have said is that is NOT the case. There won’t be any hybrid court for several reasons but, from a legal and technical perspective, because Sri Lanka constitution does not allow foreign judges to sit in judgment; in other words ‘participation’ cannot mean ‘hybrid’.” 

End quote.

Sri Lankan government Ministers, like they did his predecessor, have repeatedly rejected the High Commissioner’s reports and even the report submitted by its own, ‘Consultation Task Force on Reconciliation Mechanism’ (CTFRM) that the Sirisena regime commissioned, which called for “foreign judges in a war crimes court.” The curt dismissal of foreign judges, the ICC and a hybrid court has been the ploy of all of Sri Lankan Sinhala politicians, who blame “extremists on both sides” or the Tamil Diaspora” for misleading the ignorant “public”..to suit their narrow political agendas,” little acknowledging it was High Commissioner Zeid, who both in his September 2015 and February 2017 reports undeniably suggested a hybrid court. 

High Commissioner’s Call for UN Country Presence

On the positive side, in addition to calling for Sri Lanka to accede to the Rome Statute, a welcome feature in the High Commissioner’s wide ranging report is the call for a, “UN Country Presence” – something that TGTE has always said was needed: The report recommends that, “OHCHR be invited to establish a full-fledged country presence to monitor the situation of human rights, to advise on the implementation of the recommendations made by the High Commissioner and the Human Rights Council in its resolutions including complying with Sri Lanka’s transitional justice obligations, and to provide technical assistance.” Hope a permanent UN presence in the NorthEast would be pursued with vigor even as the OHCHR plans to send six missions in the two years, intended to assess Sri Lanka’s progress – significantly Sri Lanka is still a, “a country of concern” requiring close scrutiny under item 2.

TGTE’s Strong Presence in Geneva

The TGTE (Transnational Government of Tamil Eelam), for its part, had a strong presence in Geneva with Minister for International Affairs, Manicka Vasagar, Minister for Human Rights, Mani Vannan and the TGTE Secretariat headed by Suginthan Murugiah engaging member states for an ICC referral, believing strongly there should be, “consequences for non-compliance,” urging the Council for a debate on an ad-hoc tribunal and sending out a draft proposal for the consideration of Member States.

TGTE’s MAP appointed to monitor and “shine a light” on Sri Lanka’s implementation of 30/1, mentioned earlier at the beginning of this article, commenting on hrc34/L1 as falling short also released its 2nd spot report which recommended that, “should the GSL continue to act in bad faith and/or fail to take significant steps towards implementing the word and spirit of HRC Resolution 30/1, the United Nations Security Council should, within one year, refer the Sri Lanka situation to the International Criminal Court. These steps must include meaningful progress towards establishing a hybrid war crimes court with the participation of international judges and prosecutors.” 

Decoding Sri Lanka’s True intentions

Going by its “road map to reconciliation”, all signs point to the fact that Sri Lanka is not in a hurry to proceed with a hybrid court; the subtle clues it’s giving means it won’t be following the letter and spirit of both resolutions, picking and choosing what it wants. Decoding the pronouncements of Harsha de Silva and Mangala Samaraweera, it becomes clear, Sri Lanka’s interpretation of the provisions are very different from what the drafters of the resolutions envisaged. When Mangala Samaraweera says, “we are setting are own domestic mechanism”, he means no foreign judges, lawyers, prosecutors and investigators; and when he says, “we call our reconciliation road map, “Festina Lente”, it means, ‘making haste slowly’ in Latin, because this is a problem that had been there for decades and one cannot expect the issues to be resolved overnight,” it actually means, be prepared for a long wait; it’s not going to happen, not in the foreseeable future.

The Minister’s press conferences upon his return from Geneva, was evasive and dismissive on the subject of a war crimes probe, of foreign judges and a hybrid court, blaming the Rajapaksas, “who totally trampled on a free judicial process, for the world and the people of Sri Lanka to lose faith in the judiciary.” On the question of war crimes, the Minister doubted whether the “allegations” would amount to ”war crimes”, because Sri Lanka, “had one of the most disciplined armies” except for “some miscreants” he said.  Furthermore, the Minister seemed to think, “The resolution itself is not carved in stone,” stating, “we will have to decide what we can do and cannot do… as the High Commissioner himself said the UN Human Rights can propose but the final decision is ours, although we have to consider all the stakeholders.”  Annoyed at the media’s obsession for foreign judges, “having foreign judges was not their sole obsession, it’s neither the obsession of the international community, nor is it the obsession of the government,” he said. “Finally we want to make sure there is a fair, independent, credible process.”

To a question on the High Commissioner’s recommendations, the Minister quoted the High Commissioner himself whom he reminded had said,”It does not mean there’s not going to be variations on how they’re going to be done.”

Hiding Behind Sovereignty

Trust is definitely a big problem with Sri Lanka; all throughout the 34th session of the Council Sri Lanka has been disingenuous. Sadly the session ended, predictably, marred by Sri Lanka’s monumental lies and duplicitous conduct. The final straw was when of all the excuses Sri Lanka could muster it found one that virtually closed the chapter on establishing a hybrid judicial mechanism in a domestic setting: Harsha de Silva having the gall to announce that, “UN resolutions were not binding on a sovereign nation,” and that the, “High Commissioner’s report had no relevance whatsoever to what the government was doing at the ongoing 34th UN Human Rights Council sessions.” 

Prime Minister Rudrakumaran Sets out TGTE’s Immediate Plans

Reflecting upon the two year extension granted to Sri Lanka, Prime Minister Rudrakumaran setting out TGTE’s immediate plans, slammed the Council for becoming complicit, providing impunity to the perpetrators. Not prepared for Tamil victims to remain, “idle as passive observers of the transitional justice process for the next two years,” but rather to “take ownership” by not relying entirely on the Council, believing, “to date it has proved ineffective,” pointing to the High Commissioner’s call for, “Member States individually to investigate and prosecute the perpetrators of international crimes, giving the impression the Commissioner himself is losing faith in State based institutions,” Rudrakumaran’s strategy involves, “extending MAP’s mandate for monitoring Sri Lanka’s compliance,” and, “establishing a panel of lawyers to build case files against Sri Lanka.”

Compelling Case Made for ICC Referral

Sadly Sri Lanka can no longer be trusted to deliver on its commitments on a domestic judicial mechanism; on the contrary a compelling case has been made here-in for referring Sri Lanka to the ICC or to establishing an ad-hoc independent international tribunal.

Sri Lanka’s duplicity cannot triumph at the UN HRC.

If it wishes to keep to its undertaking at the UN Human Rights Council, Sri Lanka must NOW begin the task of enacting legislation, appointing a special counsel, opening a special counsel’s office, establishing a hybrid court and filing charges.

Otherwise Sri Lanka must be told an ICC referral is imminent if it backtracks on delivering on a hybrid mechanism – when the High Commissioner presents a written update to the UN Human Rights Council at its thirty-seventh session.

*Read also Part 1 and Part 2

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Latest comments

  • 17
    16

    Losers of the Fake struggle want to dictate terms to the winning party to what to do.

    • 11
      7

      Usha S Sri-Skanda Rajah

      Are you ready to appologise and adequately compensate the Muslim victims of ethnic cleansing by your Right Honorable Thalaivar VP?

      Why did VP the psychopath fight a war against IPKF and kill Rajiv? What purpose did both stupid acts serve?

      How much did he receive from interested parties for both stupid acts? VP was known to have acted for or served various parties including Hindia, the West, Premadasa, …. and Mahinda.

      Why didn’t he act for or serve the Tamils?

      • 0
        0

        Please response to what is said in the article. Please do not go out of the way to bluff. This question is now asked by all concerned people and human rights activists;

    • 9
      5

      Sir,

      My considered response to VP worshipping, die-hard LTTE backer Usha’s whining about HR, Justice etc. is as follows: Hahahahahahahahahahahahahahahahahahahaha!

    • 9
      4

      You are a tiger supporter – committed and desperate. Just say so and that you realise that as governments across the world take measure to safeguard sanity, you and and your cohorts try desperately to punish Sri Lankan for getting rid of the most barbaric terrorists of all time – even ISIS pale in comparison. Living and using the country you now live in to justify your distanced and fanciful objective of bringing our war heroes to their knees – think again, sweetie – you serve deserve to be in that cage at Dehiwela marked Tigress with no real teeth.

    • 12
      3

      When I was growing up I respected and valued older people, education and knowledge. Now days there is no such a thing. Young Tamils are wasting their time on tuitions; they don’t know what is right or wrong. Those days the Tamil armed groups eliminated talented leaders and intellectuals in the name of Eelam. Now days the same Tamils are fooling their younger generations at schools, but encouraging them to waste their valuable time on tuitions. Even primary school children are encouraged to go to tuitions. In fact, this phenomenon has been manifesting as desire for education, knowledge and hardworking. This will lead to a bloody disaster. Tamils must wake up and get justice from their school principals and teachers who have been cheating the Tamil communities in the name of education. This is far important than wasting time at the UNHRC on war crimes.

      • 2
        0

        Antany Peter

        “When I was growing up I respected and valued older people,”

        When did you stop growing up?

    • 4
      7

      Who is fake ? State terrorists who faked all colombo suicide bombings or the monks who molest boys??

      Who is the winning party ? Rajapakse who lost the election or Tamils who made Srisena win???

  • 19
    6

    Although Sinhalese were the main victims of Tamil terrorist campaign, Tamils are carrying out a propaganda campaign to convince the international community that they are the victims of a military campaign carried out by the Sri Lankan government targeting Tamils. They talk about a ‘Genocide’ that never took place. Tamil activists and politicians want to punish Sri Lanka and its armed forces for killing Prabhakaran and wiping out LTTE. Tamil Diaspora has a grudge because millions of Dollars they pumped to LTTE got washed away at Nandikadal lagoon. Therefore, they want hybrid courts, they want international community to impose sanctions, they asked EU not to give GSP+.

    Sinhalese have waited too long tolerating these Tamil humbug. It is time that Sinhalese take some action. In the same way Western countries impose sanctions on certain countries Sinhalese should impose sanctions on Tamils by:

    Boycotting Tamil shops and businesses;
    Boycotting products from Jaffna;
    Not letting any residential or business premises;
    Not selling any buildings or land.

    In future instead of doing any physical harm to Tamils,Sinhalese should target the Tamil economy. Tamil economy is highly dependent on Sinhalese. Although there will not be any immediate visible effects, this is a cause of action that will have a negative impact on the Tamil economy in the long run.

    • 7
      13

      Eagle Eye, Dr Clean, SL Citizen, Johnny Boy …… 50%, 33.33%, 25%, ….

      “In the same way Western countries impose sanctions on certain countries Sinhalese should impose sanctions on Tamils by: Boycotting Tamil shops and businesses; Boycotting products from Jaffna; Not letting any residential or business premises; Not selling any buildings or land.”

      Stupid man/woman, Sri Lanka should impose sanction against Western countries the way Western countries impose sanctions on certain countries.

      Why/what are you waiting for? Are you awaiting for Shenali Waduge’s legal advice?

      Mahawamsa could be a great source of International Law or consult Harischandra Wijayatunga who is an Expert on Legal Philosophy of Medieval Sinhale and a champion of Maha Sammatha (Great consensus).

    • 0
      0

      This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 7
    6

    Sad all the investment on Mangy Ranil and Maithri is in the bin now. I would like to remind this lady that out of the 1.2million signatures she is referring to more than 60% came from Tamil Nadu. Now doesn’t that make life easy. A small garbage dump in TN can house the TGTE’s Thamil Ealem. And we can assure TGTE one thing when Gota is President we will extradite each and every one of you and prosecute to the fullest extent of the law. You can run but you can hide you terrorists.

  • 7
    6

    ” Usha S Sri-Skanda Raja”

    This woman is the parrot voice of the salin barbaric butcher Pirabaharan. Where was this stupid bundle of woman when that Pirabaharan butcher was beheading people in borderlines, bombing in buses, trains, public places in the south, slaughtering monks in Anuradhapura? What does this bitch has to say about the Tamil Tiger fuckers taking the country back for 30 years of bloodshed, carnage, barbarism, war, terrorism and inhumanity? Does this bitch stand for a fleeting fraction of a second for the slaughtered, maimed and bereaved Sinhalese, Tamils and Muslims in the South, East and also in North who were against LTTE butchers? Where was this UNHRC, EU, MacRays and defenders of human rights when LTTE was amassing piles and piles of shiploads of weapons of war, destruction and carnage? Who manufactured and supplied the equipments of war to LTTE? When Sri Lanka was suffering at the hands of these LTTE butchers, India, so called defenders of human rights, diaspora and every Jak Tom and Harry where was this bitch who is now quoting kilograms of armchair and airconditioned room resolutions of UNHRC?

  • 12
    8

    Mrs. Sri-Skanda-Rajah thinks that Sri Lanka is a spineless country presumably because it co-sponsored the resolution and throws the very concept of sovereignty into the dustbin. Will she dare do that to her adopted country? Long before one prosecutes the prosecutor must have facts and for that purpose there ought to be an inquiry. Who would come and provide evidence in an inquiry? Most witnesses will say that the environment is not protective enough. On the other hand any accuser will reject whatever evidence served through a video link saying that the witness can tell a pack of lies and get away with perjury as he is physically not within the jurisdiction of Sri Lanka.

    As long as division and vendetta is promoted it is awful for minorities like us to live here. Why not promote amity? Late Nelson Mandela had a Truth and Reconcilliation mechanism. At least the level of confrontation between the whites and the blacks is now a minimum. It is so easy for Mrs. Sri-Skanda-Rajah say something from greener pastures which is detrimental to our interests here.

  • 8
    8

    the injustice was done by the Tamil ltte to the country, Sinhalese, Malays, Others and Some Tamils till the war ended. Now the Tamil ltte want justice, separate state and devolution. these prisoner of war should be made to pay all cost for their greed and nightmare eelam.The Tamil diaspora, transnational,and groups must be seized and all their money and assets forfeited and given to the Sri Lankan Government to rebuilt for losses for the last 30 years.Because nothing was done and these Tamil ltte has lied and establushed overseas collecting money to fund another war.Why are these Tamil terrorist still existing? Why no one seems to stop them. these terrorist,Criminals,Killers should be identified and arrested for war crimes.

  • 12
    7

    “Sri Lankan Tamil armed groups have eliminated talented leaders and intellectuals far more than any other terrorist organisation in the world.”

    Where were the diaspora leaders, their Western Masters and the UNHRC while Tamil armed groups were killing inhumanly? Those days you never mentioned about human rights, rule of law, hybrid court, etc.

    Sorry we are too smart for you. You can bark as much as you want to please your foreign masters, but nothing will change smart Sri Lankans agenda.

  • 9
    7

    Why are people actually talking about the war and its crimes? just move on and do something better with your life. we all know civilians died..and yeah it was messed up. Get to grips with it or just keep moaning about it for the rest of your life.

  • 9
    3

    Such an erudite analysis from a good-looking lady. She is wasting her time in the TGTE.Why not make Usha our Minister of Justice? She would be an improvement on Wijedasa Rajapakshe, whose beauty and brains are both doubtful

  • 5
    3

    Hybrid Court or not, does anyone care about doing something about relieving the real sufferings of real people.
    They are being punished every day for no crime of theirs.

  • 13
    8

    The process must be initiated with the rearrest of the 12,000+ LTTE cadres relessed by Rajapaksha. This is a totally irresponsible, high handed act of Rajapaksha without any kind of approval from or consensus with the international community.

    Soma

    • 8
      11

      somaaasss

      “The process must be initiated with the rearrest of the 12,000+ LTTE cadres relessed by Rajapaksha.”

      I can confirm now that you are growing into a Sri Lankan stupid bigoted ass.

      If the war criminals had any evidence against the 12,000 supposed LTTE cadres they should have charged them and presented them at the courts. They didn’t because they had no evidence to charge them.

      I put it to you that the war criminals had already killed most of the LTTE cadres when they were either surrendered to or caught by the them.

      Hope you would support the state in appointing a hybrid court to investigate the supposed LTTE cadres as well as the state’s own war criminals, which includes the clan and rest of the suspected war criminals, who now seems to travel abroad and print myths as authentic war experience, including island’s leading editor.

      • 5
        4

        Dumb Native Veddo:

        If the war criminals had any evidence against the 12,000 supposed LTTE cadres they should have charged them and presented them at the courts. They didn’t because they had no evidence to charge them.

        Why did they surrender as LTTE caders ?

        • 3
          2

          jimsofty dimwit

          “Why did they surrender as LTTE caders ?”

          Where did you get the idea they surrendered as LTTE cadres?

      • 3
        0

        Native V

        Your tribe is assuming that manufacturing lies is the fastest vehicle to get to the dreamland.

        (As I always say you must spend your time educating the Tamil children living outside the contours of proposed homeland with those ‘facts’ so that they will be encouraged to move out and and be dutiful citizens of the paradise in the very near future)

        Mister, there was a RAW agent under every other tree in Wanni and every other lamppost in Jafna. You want the world to believe that they were watching gleefully your imaginary drama and keeping mum. These stories started appearing two years after. And intensified with regime change agenda with UN being forced to reverse their position. Remember the days when you guys all voted even for Sarath Fonseka?

        Since when did your heart started bleeding for your Islamic brothers who were buthchered while praying and chased away en masse with 5 hours warning.

        (Your slip is showing sir (You can say a tiger by the stripes). You too are referring to Rajiv Gandhi assassination as a ‘mistake’ / ‘wrong tactic’ instead of an inhuman act of killing the political representative of one billion nation along with nearly 25 innocent bystanders.)

        I have noticed too that of late you seem to have attained the philosophical enlightenment that ‘truth’ is more important than ‘punishment’. The same wisdom has dawned on NGO Jehan too who now says that focusing on accountability has pushed aside other issues. I am telling you let this Tiger lady say anything, ACCOUNTABILITY WILL TAKE YOU NO WHERE.

        Again and again I am telling you there is no way, ABSOLUTELY NO WAY, you can punish the Sinhalese without facing and equal and opposite reaction.

        Sarath Weerasekara is presently giving you only a taste of the things to come. Thank him – it helps you people to be more prepared.

        We will ensure that justice will be done to BOTH sides and make you understand that agenda you have chosen is not a cake walk. Sure we will prosecute those who have committed treason under the existing law.

        Soma

        • 3
          5

          somaaaasss

          “Your tribe is assuming that manufacturing lies is the fastest vehicle to get to the dreamland.”

          This is what Veddah chief’s spokeperson Wimalaratna Attho told Somawansa the JVP chief when he handed a copy of his red book “Our Vision” to Uruwarige Wannila attho:

          “These pieces of paper have no value. There would be value only if they could put the content into practice. We cannot comment on the content of the manifesto. If the JVP could implement what they promise on the paper, then we might be in a position to comment on their policies,”

          Basically the chief asked the war criminal to get lost. A clear message for a racist hypocrite.

          “(As I always say you must spend your time educating the Tamil children living outside the contours of proposed homeland with those ‘facts’ so that they will be encouraged to move out and and be dutiful citizens of the paradise in the very near future)”

          The next generation of children hopefully would grow into fine liberal men, women, …… and human beings provided you keep your bigotry to yourself and stop passing your ideas of Utopian Sinhala/Buddhists, Sinhala/Buddhist ghetto, Sinhala/Buddhism, ….. unitary fascistic state, ……

          I don’t believe education would wise up people. Those who claim to be educated are ones seem to act without wisdom, You can example of such people yourself. The ability to communicate in English does not make one wise.

          Hopefully one day you too may see the need to become wise. It is difficult but doable.

          In the meantime the ghetto building must go on in order to cage the rotten/poisoned minded Sinhala/Buddhists away from rest of the people.

          The people need less of you and more of wise people. Caging you in a small ghetto is the first step in the right direction.

          “Again and again I am telling you there is no way, ABSOLUTELY NO WAY, you can punish the Sinhalese without facing and equal and opposite reaction.”

          Rest of your typing does not require response as I have dealt with it in the past. Sarath Weerasekere can keep shouting, screaming, kicking, banging his head on the wall, it does not change the facts on the ground.

          Please advice him to spend rest of his life in a forest monastery. And you too must join him.

  • 9
    3

    Not to worry. SL thought that by co-sponsoring the resolution, they play ball, but caught checkmated.

    The UN long winded processes are in place and is beginning to take shape. Non conformance to GSP Plus, is now down the drain, explains it all and more to come.

    Hopefully March 2018, or else, High Commissioner would refer SL to ICC / UNGA, after March 2019, or a referendum to resolve Tamil Eelam.

    No choice for SL,but Tamils unite.

  • 9
    14

    So what happens if Sri Lanka doesn’t do “NOW” what the writer opines it must do “NOW”?

    NOW who is going make Sri Lanka do anything of the sort, given that the President, two former Presidents, the PM and the Minister of Justice seem to have another view?

    And who precisely is going to refer Sri Lanka to the ICC on which it is not a signatory?

    Isn’t it time to stop being silly NOW…and get real?

    • 8
      6

      Dayan the war monger

      “NOW who is going make Sri Lanka do anything of the sort, given that the President, two former Presidents, the PM and the Minister of Justice seem to have another view?”

      I am not sure if justice can be done in the form, comply the terms and condition or on time you or Usha prescribes.

      At times Karma can be a bitch.

      You haven’t learned anything from 2004 tsunami, have you?

    • 4
      1

      Dr.D.J,
      Did you “get real” while promoting Sri Lanka at the UNHRC?
      You too said lies to escape ‘sanctions’ by the UN.
      Now Sri Lanka has merely postponed the implementation of its own – along with USA – resolution, for two years.
      Is this not the reality?

    • 1
      0

      Dr. Dayan Jayatilleka I think you are being promoted in another blog by someone with your name not sure if your cup tea as well

    • 1
      0

      Flip flopping in accountability

    • 0
      0

      Dr DJ Don’t take their ideas too seriously, because those ideas are based on illusion or misguided by their foreign masters or based on their stupidity. They fought for three decades, and got nothing. This explains about them in details isn’t it?

  • 6
    0

    Those comments indicate Sinhalese and Tamil wouldn’t get along anymore.

  • 3
    0

    Professor Jubb read

    …………… eventually Tamils grievances will be attended and solved

  • 5
    1

    sanctions against Russia. Which way will Sri Lanka go? Can SL,Iran, Russia and China together Live and survive

  • 4
    0

    Will UDI by Vperumal germinate?

  • 3
    3

    We have a Military Regime disguised as a so-called “democratic socialist republic” which also has elevated Buddhism to “the foremost place” and has evicted citizens from lands and homes.

    The largest allocation in each annual budget since the war ended is for the peacetime armed forces, who have established themselves firmly as the real rulers, while treating politicians as political puppets.

    Now it is reported that the political prisoners in jail since the war ended are going to be indicted using “confessions” obtained under torture, at Anuradhapura courts, so as to make it difficult for lawyers and witnesses to be present.

    A “white van abduction” by persons disguised as police is reported – the old days of terror may begin again.

    The so called ‘government’ dares not establish the hybrid courts it has promised at the UNHRC, as the “heroes” may engineer a coup and capture power.
    Sri Lanka is rapidly descending into anarchy while politicos are enjoying luxurious lives with funds ready for the next election – if there will be one.

  • 0
    2

    LOL :D

  • 3
    2

    Can you please elaborate in a Few sentence ,what do you really want to achieve through by dragging foreign intervention into domestic issues?
    What about all the Crimes The World’s most onetime feared terrorists(Ltte) did? Do we dig up their graves and judge them ? This will lead to another merciless war for sure in the near future, can’t The Tamils ever learn to forgive , forget ,move on and unite to build the nation ? Why this blood thirst? Did we not spill enough on this earth ? All you two people need is to swallow your egos and call it quits. While some of the Sinhalese are now a days flying high on hallucinations after the end of the War,The Tamils are restless in getting even, not even a hybrid Assembly of Angels can fix your problem,forget hybrid court, you need to fix your own home, if you call outsider to fix it ,they will screw you double, you are both very much like The Jews and Arabs ,hypocrisy to the core about caring for the Rights of your people ,all much of you from both camps ever care is your arrogance and ego, the ones who truly want peace from both races are always bulldozed.

  • 4
    2

    As a Tamil from Jaffna , may I ask this Usha to being an embarrassment to us Tamils. An ardent supporter of the LTTE Usha has no credibility whatsoever to call for justice when the LTTE she supports stand accused of crimes against humanity. I am in no way saying that the Gov of Sri Lanka and security forces are innocent of suc crimes. Of course they are and people like Sarath, Gotabaya and MR are all guilty of serious crimes. My take is that in this crazy war there were no winners so let’s forgive , reconcile and forget. Seeding hatred through calls of justice which Usha has no moral and ethical standing because of her support for the now defunct LTTE which wasted all of our lives for three decades is no way forward.

  • 1
    2

    https://en.m.wikipedia.org/wiki/Riots_in_Sri_Lanka
    This paragraph will says how Singalesh Majority treat Tamils.
    This war won’t end every year poor Singalesh like to make Riots because to make them rich. Singslesh use Tamils for Money and food. That Y they don’t like to give separate place.
    Whole world 🌎 support Govertment not people. When the Governtment need vote to win only they need people.
    If you hang Rajapakssa former president. You have to hang all President and and Priminister. Then I don’t think so peace will come to Srilanka Tamils.
    All we have do blame our God.

    • 2
      1

      “they don’t like to give separate place”

      No brother Kumar we like to give you separate place. You people are not prepared to go there.

      Soma

      • 2
        2

        somaaasss

        “No brother Kumar we like to give you separate place.”

        On the contrary we are giving you a separate brand new ghetto, hang in there for a few years.

        “You people are not prepared to go there”

        We are going nowhere but you are.

  • 7
    2

    Usha SSR
    You will be writing this kind of trash until you are dead and gone. You are just wasting your time! Terrorism won’t pay. Nothing is going to change. If you really want to work for the Tamil cause move to SL and help the poor Tamils to improve their lives. Also as a Tamil woman you have no place among Tamil politicians of SL.

    • 1
      0

      Why Tamil women have no place among politician among of SL?

  • 1
    2

    Those professional bad-mouthers, do you remember the brutality of 1958, 1977 and the mother-of-all 1983?

    Every Lankan is carrying the can for continued inaction by successive GoSL. Is crawling to UNHRC for extension sensible?

    • 3
      0

      And there’s more to come if you don’t stop invading Sinhalé(Sri Lanka). 1958,1977, 1983, 2009, 2050, 3000, ….. in all these Tamils started it. Don’t blame Sinhalese for your miserable lives.

      • 2
        3

        Johnny boy who grew up with lions.

        I think Usha must arrange a circus lion tamer to deal with you.

    • 0
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      This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 1
    0

    Usha the pretty face of TGTE

    TGTE’s Strong Presence in Geneva
    Minister for International Affairs, Manicka Vasagar,
    Minister for Human Rights, Mani Vannan
    TGTE Secretariat headed by Suginthan Murugiah

    wow what an illustrious list !!! very strong presence indeed !!!

  • 6
    4

    These barbaric Eelamists go to Switzerland to talk about Tamil issues for an hour or two and then spending their ill-gotten money, take 7 day luxury holidays, staying at 5 star hotels, traveling business class, shopping, etc.

    Tamil problem in Sinhale Island (Sri Lanka) has created many Eelamist multimillionaires and Multi billionaires, one guy doing his time in US jail.

    Tamil diaspora organizations have accumulated mass wealth through credit card scams, benefits and welfare frauds,insider trading, illegal goods trafficking, and all sorts of illegal activities.

    • 4
      2

      John
      Some may say I should ignore you, but let me try to set the record straight to all and sundry!
      We can’t cure the ills of the world – fraudsters and scammers are everywhere – they’re are not confined to any community, it’s universal – but I can safely say Prime Minister Rudrakumaran won’t have such people in our organisation – those who have amassed ill-gotten wealth. In fact members contribute substantial amounts of their own money towards retaining experts and other costs – some have made huge monetary contributions, to run the organisations, which are all accounted for. Not a single member is paid, in fact they pay for their own air-tickets and accommodation when going on TGTE related official missions, Prime Minister Rudrakumaran himself setting the example. I have never gone on a 7 day luxury holiday let alone a 2 day one, always searching for the cheapest hotel; never traveled business class, always looking for the cheapest possible economy fare; I have never splurged, always shopping smart – although I can easily afford it, I’d rather spend it on a worthy cause! I am sure my colleagues do the same! My parents and husband have given me a few expensive gifts and a lot of love though.
      I hope this is satisfactory!

      • 1
        2

        ..and the last thing they would even think about is shopping when they are in Geneva!

        • 1
          1

          Usha S Sri-Skanda-Rajah

          “..and the last thing they would even think about is shopping when they are in Geneva!”

          Apart from visiting Geneva twice a year and giving a few interviews to Tamil media, what TGTE does rest of the year is shrouded in mystery. May be nothing.

          May be members of TGTE go back to deep, deep, deep sleep.

          SOCIETY FOR PEACE, UNITY AND HUMAN RIGHTS (SPUR) seems active compare to TGTE.

          Spuristas support all forms of Sinhala/Buddhist causes, including their desire to build a ghetto on this island and worship Shenali Waduge like the Goddess Pattini or Bhatra Kali Amma.

          • 0
            0

            Native Vadda says “Apart from visiting Geneva twice a year and giving a few interviews to Tamil media, what TGTE does rest of the year is shrouded in mystery. May be nothing.”

            This is the first time anyone has seen native Vadda commenting something sensible on Avuruddha day, may be the “kavum” got your mind working just for the day.

            • 1
              0

              Johnny Boy

              “This is the first time anyone has seen native Vadda commenting something sensible on Avuruddha day”

              What is your Aluth Avurudu resolution?

        • 1
          0

          Usha,

          Hahaha… You provide more laughter. You colleagues start shopping before they get on board the aircraft, they shop as soon as they get of the plane, then they shop their way to the hotel as well.

          • 1
            2

            Johnny Boy

            “Hahaha… You provide more laughter. You colleagues start shopping before they get on board the aircraft, they shop as soon as they get of the plane, then they shop their way to the hotel as well.”

            You sound like a disappointed envious Tamil man/woman. Why don’t you join TGTE and have the same privilege of nonstop shopping? Or join the JO and have the cake and eat it.

            Please grow up.

      • 1
        1

        Usha S Sri-Skanda-Rajah “Prime Minister Rudrakumaran ..”

        Prime Minster of what?

        Usha please explain?

      • 1
        1

        Cool story, bro :D

      • 0
        0

        Usha,

        Hahaha…. Who are you kidding????? You sound very naive and gullible, you are not very street smart, you don’t know how the world works. You don’t have the slightest idea that how much it costs to fund your organisation.

        You seem to respect and love Rudrakumar dearly, FINE!!!!

        Here are few questions for you:

        -How many times have you and TGTE visited Jaffna people?

        -When was the last time you and TGTE people in Jaffna?

        -Do the Tamil people in Sri Lanka know that they have a symbolic government and symbolic prime minister?

        -How well do you know Rudra?

        As a wife you are supposed to look after husband’s money,don’t waste money on ridiculous organization and its useless work.

        Tamil homeland myth have produced many multimillionaires and multibillionaires.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 2
    4

    Usha Sri Scumbadaraja can’t give orders to the government of Sinhalé (Sri Lanka).

    TGTE joking sore losers give Tamil people false hopes and plenty of “Moda Choon”. By now Tamils should have realized that there is no hybrid court, no autonomy, no self determination, no federalism, no war crimes, etc.

    The point of this sort of “cry it all out article/ comfort article” is to antagonize and provoke native Sinhalese towards a pogrom, so dumb Eelamist can tell the world in a queer way ” oh look, our angelic Tamils are being hurt by native Sinhalese”.

    • 2
      4

      Johnny boy

      “Usha Sri Scumbadaraja can’t give orders to the government of Sinhalé (Sri Lanka).”

      You are right Usha can’t give orders to the government of Sinhale unless those members are being trained by Lion Tamers.

      Johnny boy have you noticed day by day you are becoming too stupid. Are you too stupid to notice it?

  • 2
    3

    Usha, Are you going to add IPKF and LTTE atrocities too as war-crimes or are you just trying to single out one party and play a game for $$$.00?
    Why don’t you write something to improve the living conditions of the northern tamils; some suggestions? some way to get diaspora tamils who became rich during the war to invest (pay) back the money that belong to poor Tamils themselves.

  • 1
    0

    Native . The ones releases by him are all Karunas people they are even now in full operation in extortion, murder and all sort of illegal activities,they are a core part of his blue brigade ,check out the FB groups guys from all walks of life from both Communities are now involved, the government is in turmoil because of this ,unless the government creates a powerful internet brigade using the international source to crush it ,the country will be run by pimps, racketeers, smugglers, money launders,drug peddlers and sort. Today it is almost impossible for decent folks to be on fb. The latest internet busting of Russian prostitutes was a super operation by our local police teamed up with certain special force. will continue to crush them until this nation is fully recovered & will be die hard supporters of Our President Maithtree.

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