17 October, 2019

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Tamil Torture Survivor Sues Gotabaya Rajapaksa In California

The International Truth and Justice Project (ITJP) and the US law firm Hausfeld have filed a civil damages case in California against former Sri Lankan defence secretary, Gotabaya Rajapaksa, on behalf of a Tamil torture survivor. Roy Samathanam made the complaint in the Central District of California against Rajapaksa, who is a dual US Sri Lankan citizen.

Gota

Notice was formally served on Rajapaksa on Sunday night at a Trader Joe’s parking lot in Pasadena. This was after the ITJP and Hausfeld hired private investigators to track down the whereabouts of Rajapaksa who is currently on holiday in California.

Roy Samathanam, who is a Canadian national, was detained in the Sri Lankan capital, Colombo in September 2007 by the Terrorism Investigation Division of the Sri Lanka police, who reported directly to Gotabaya Rajapaksa. Roy Samathanam was physically and psychologically tortured and forced to sign a false confession before being released in August 2010 on a plea deal and payment of a fine. In 2016. Samathanam won a UN human rights committee case but Sri Lanka has failed to abide by the compensation ruling.

“Mr Rajapaksa has to give up his US citizenship to be able to stand in presidential elections so this was probably the last chance for a long time to begin to hold him accountable,” said ITJP’s executive director Yasmin Sooka. “We hope other survivors of torture will join the suit and make this a class action”.

Related posts:

Lasantha’s Daughter Sues Gota In LA; “Mr Nandasena, Here Are The Summons”

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Latest comments

  • 80
    7

    Dear International Truth and Justice Commission,

    Thank you for fining the case against Nandasena Gotabaya Rajapaksa, who committed numerous killings and atrocities in Sri Lanka as secretary of defense, and prevent him carrying out further crimes in Sri Lanka.

    Please also make application to the Secretary of State, to prevent him leaving the USA, by impounding his passports.

    Only in the Great States of USA you can expect justice.

    • 25
      2

      No one was born yesterday; every Lankan knows who killed Lasantha and numerous others.

      Even if many Lankans don’t want to open their eyes and see …….. let these cases expose the man for the blood thirsty monster he really is …….. even if no real punishment comes out of it.

      In his defense I should add he is a vegetarian and a devout Buddhist ……… a “Lankan-Buddhist” perhaps ………..

      • 13
        1

        Hitler was also a vegetarian – so what

        • 1
          0

          My Cow only eats thanakola…

      • 13
        2

        nimal fernando

        “a “Lankan-Buddhist” perhaps ………..”

        This is the final insult to our patriotic, Sinhala/Buddhist, white van operating national hangman, who is dying to transform this island from Anagarika Homeless Dharmapala’s Aryan Sinhala/Buddhist country to a Sinhala/Buddhist fascist state.

        Please give him some credit.
        You must consider yourself very lucky he did not chose to give you a free trip in his white van.

      • 7
        1

        nf
        Arnt most drug dealers and mass murders devout Buddhists? They shed millions to temples and monks of a way of life that renounces worldly possessions are living like royalty and accumulating wealth.

    • 21
      4

      This Gota the Psychopath even wrote a book glorifying his killings and all the gory death that he committed, proudly presenting as a manual to any would be killer or a MASS MURDERER or to any government or any organised criminal organisation hell bent on killing its own citizens for being political, religious or racial opponent to its ideology. He has even a Dark Black Hawk feather in his hat for being a very effective ISLAMOPHOBE who has organised crimes against the non violent Muslim population on a CIA/Mossad covert operation contract. He has burnt virtual love cities where Muslims live in large numbers. Alutgama- a southern coastal city was burnt down along with Muslim businesses, residential houses, Mosques etc., by using the STATE SPONSORED – Terror outfit by the name BODU BALA SENA (BBS). This is a group consisting former Army soldiers draped in yellow robed fake BuDDHIST MONKS who goes about creating a conflict with an ordinary argument between a Muslim and Sinhalese and then transforming that small street issue into an ORGANISED CRIME with state sponsored larger wider scale POGROM against an entire town punishing the Muslims in the vicinity of the conflict who are totally innocent. Gota runs these MAFIA gangs like a massive ARMY Battalion to organise a large MOB forces by using SOCIAL MEDIA to gather in a place in an immediate effect to conduct the RIOTS of Arson and total destruction to the Muslims. The Special Task Force (STF) is then sent by the govt., to give cover to the rioters to complete the mission, by preventing the Muslims from defending their proterties of lives. STF imposes curfew to arrest the MUSLIMS and give a freehand to the SINHALA BUDDHIST MOBS to amock without any hindrance. If anyone wants to see a well organised STATE SPONSORED Anti Islamic force that uses many methods (legal and illegal) to destroy the Muslims— Visit Sri Lankan recent and past history.

      • 2
        0

        Radical Ideas

        What is the title of his book?
        Are you confused with the book which was written by C. A. Chandraprema the official title is Gota’s War, the unofficial one is “Gota’s B***s”.

        Are you referring to the same book?

        • 5
          0

          Native. V, yes… you are right. Gota’s War. It has a CIA/Mossad signature written all over the pages as here you have an American Citizen going about dishing out his barbarism as a heroic, defence of the sick-nation they built upon the Anagarika aDharmapala philosophy they re-named it as Sri Lanka. Gota has infamous record in the history of modern warefare as an armchair warlord ordering his armed men to go about killing, raping, shooting everyone that he sees as an enemy and then displaying his faith and belief in Metta, Muditha and Karuna by stripping naked of the dead people and combatants who have surrendered. The captives must have thought that at least this barbarian must have a heart embedded within his muscles that is fed with food earned through kidnappings, ransom money and all the corruption money he made after they captured the power in this Lucifer blessed nation. But, alas… they are coming from a different breed, gog and maggog geneology, i suppose. This is the normal signs of a Zionist. Brutal and animalistic.

      • 2
        0

        …..and last but not least, NO RACIST CAN SURVIVE without the support of the STATE. Racism is part and parcel of the GOVIGAMA MAFIA AGENDA driven politics. D.R. Wijewardene established the Media industry to one day to be used for the pOLITICAL supremacy of his progeny. Today, Upali Newspapers, Wijeya Publication are two of the foremost media houses that writes craps about other communities in order to mind control the Sinhala masses. The Wijewardene’s (Govigama Elites) began projecting themselves as the protectors of the Sinhala Race and the Buddhism and thereby gained the popularity to lead in many fields and among them the most important one being the STATE controls. All the other media (TV, Radio etc) are dominantly owned (secretly & openly) by the same racist/Pro israeli Govi criminals. Rajapaksas owning many, many media houses that go about spreading ISLAMOPHOBIA are responsible for the Arson and Murder that took place with the State sponsored BBS/JHU violence & pogroms. The future will open the doors to sue these criminals at the appropriate time. Until then they will bring on one issue after another to incite the communities to clash one another.

      • 0
        3

        Violence against the Muslims been organized by the ISIS and diaspora Muslims and tGothabaya is a Sinhala Buddhist war Hero.

    • 2
      2

      https://amp.theguardian.com/world/2019/apr/09/brother-of-sri-lanka-ex-president-sued-over-alleged-torture-and-killings

      So, the World now knows about the 2,500 -year old Para-Sinhala Civilization that even corrupted pristine Buddhism,

      A Land like no other!

      • 0
        1

        “Amarasiri” comments were made by a son of a TAMIL WHORE.

    • 2
      0

      Here is some interesting news …..
      As per the US Immigration and Nationality Act :
      “..E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION
      Persons who wish to renounce U.S. citizenship should be aware of the fact that renunciation of U.S. citizenship may have no effect on their U.S. tax or military service obligations (contact the Internal Revenue Service or U.S. Selective Service for more information). In addition, the act of renouncing U.S. citizenship does not allow persons to avoid possible prosecution for crimes which they may have committed or may commit in the future which violate United States law, or escape the repayment of financial obligations, including child support payments, previously incurred in the United States or incurred as United States citizens abroad.”

      SO LASANTHA’S DAUGHTER SEEM TO BE ON THE RIGHT PATH. SHE ACTED FAST TO GET HER FATHER’S CASE INSTITUTED BEFORE GOTA RENOUNCED HIS CITIZENSHIP.

  • 39
    2

    Hopper Sirisena

    It’s time you acted like a leader of all war criminals.
    Get Wimal windbag Weerawansa to start his farce on death comedy show.
    How dare USA hand him the indictment.

    By the way who paid for Gota’s holidays in the USA which you lot believe supported LTTEs 30 years of terrorism?

    What is JVP’s position on this?
    Is USA making him a hero/martyr before the next presidential next year?

  • 4
    1

    The case seems to be complex. A canadian national visited to Lankawe. He was tortured exposing his past Sri Lankan Tamil ID. The name Samathanam suggests his ID may have addition validity too. The compensation award is from UNHRC.
    The possibility is two part case: Lankawe court discarded the UNHRC verdic. The plus point is, for international needs, his oath with America is he is only an American citizen. So Lanakwe cannot reject HRC verdict in behalf of an American citizen. So the award is recoverable in US, even from his Lankawe properties. The other one is a reapplication for compensation in US as he is a US citizen. As IJTP is seeking for more clients to file a class action, this is path they seems to prefer.

  • 25
    2

    He is a ‘war hero’ and how can he be charged in other countries? Mathripala Should fly over to USA immediately and put a stop. But he too may be charged for aiding and abetting due to his inaction, despite being a president.

    • 8
      2

      War Hero 🤣🤣🤣🤣🤣

      • 3
        2

        Prabakaran is a War Hero Right? Buuuuhahhhhhhhhh!!!!!

        • 6
          0

          JayaGosha

          “Prabakaran is a War Hero Right?”

          Of course he is a war hero to his fascist followers and to those who benefitted from the war just like Mahindawamsa, Silvas, Diases, Gunaratnes, …. and their fascist followers and beneficiaries .

          Now tell us what was your question?

    • 1
      0

      Appa Sira was the acting defense minister when most of the civilians were killed so he might not. I am sure SF will pay his own way if they call him as a witness.

  • 20
    0

    Let us not run out and break open the Champagne to celebrate the downfall of Gothabaya Rajapakse.- Not Yet!

    This is a civil law suit – not a criminal charge. That is why there was no arrest, no perp walk, not even an indictment.

    Both Roy Samathanam and Ahimsa Wickrematunge are alleging that Gothabaya’s actions caused them harm (torture for Samathanam, and death for Wickrematunge) seeking damages for harm done to them by Gothabaya’s actions.

    Both Samathanam and Ahimsa need to prove their claim based on a preponderance of evidence and not ‘beyond a reasonable doubt’, a standard that a criminal indictment would require.

    In other words – on a scale when all the facts are considered, plaintiffs need only to prove that it is more likely that Gothabaya caused the alleged harm to the plaintiffs in the case than otherwise.

    It is a slow, painfully long process and very costly for both plaintiffs and the respondent.

    O.J Simpson who was acquitted in the criminal case of murder of his wife was found guilty in a civil case brought against him by wife Nicole Simpson’s family and lost all his assets to settle the damage claim.

    Gothabaya and military officers who committed any crimes when engaged in the final stages of the war need to worry more about ‘Universal Jurisdiction” – a new legal doctrine that is now being applied by many countries to bring errand political and military leaders to justice.
    These wrongdoers run the risk of being arrested and detained when they leave the shores of Sri Lanka.

    But the amazing irony surrounding the Gothabaya charge is this:

    Plaintiff in one case is: Samathanam.
    Plaintiff in the second case is: Ahimsa.

    Samathanam = Peace.
    Ahimsa = respect for all living things and avoidance of violence toward others.

    Talk about poetic justice!

    • 20
      1

      Ugly American,
      What you say is probably right but this is the end of the road for Gota’s bid for Presidency. US will not revoke his citizenship until these cases are over, which as you say will drag for many months if not years. As a US citizen now he cannot contest in the Presidential elections. Catch 22 scenario.

      • 1
        0

        Wrong again Richard. You don’t know JACK!

    • 0
      0

      It appears that both have asked for a trial by jury and based on the premise that both plaintiffs have to offer preponderance of evidence that Gota is guilty and based on the case you have cited – i.e O J, it could not be a matter favoring Gota. He is best taking the next flight out to SL where hopper Sirisena now turned stooge, boot licker of Gota for his dear life could offer him refuge.

      • 1
        0

        Nic,
        “It appears that both have asked for a trial by jury and based on the premise that both plaintiffs have to offer preponderance of evidence that Gota is guilty and based on the case you have cited “
        You are absolutely right. The evidence has been there, even for more criminal offense in ‘Black & White’ from the very beginning but the corrupt judiciary system and the Judges were the cause of not taking action. Unfortunately for this ‘Psychopath’, even ‘Aappa/Kevum Sira’ is not in a position to bail him out this time as MR got him well under control due to his fraudulent actions.

    • 0
      0

      “It is a slow, painfully long process and very costly for both plaintiffs and the respondent.”

      That means, until the Case is completed, Gota’s application for Cancellation of his US citizenship will NOT be considered. That will effectively make his bid to contest the Presidential Elections here a non-starter. Will that improve My3’s chances as the SLPP-SLFP common candidate?

      • 2
        5

        Do you think a man running for the next leadership of the country vacationing in another country? If anyone running for a post, he should have by now start his campaign and get ready for the speeches, meetings, etc. You all are so STUPID and PARANOID. He was a Government Officer and he told this thousands of times that he will not run for a public office. What can you expect from millions of LTTE Terrorist Supporters afterall….Idiots do what Idiots does….

        • 1
          1

          “Do you think a man running for the next leadership of the country vacationing in another country? “
          You are correct. he is not there on vacation. He has no funds left in Sri Lanka and is ‘broke’. He is there to find a way to smuggle some of the stolen money of the poor Silly Lankan taxpayers. The US system is not stupid to let an idiot of refugee/citizen to manipulate their system. “Idiots do what Idiots does….” in your own words.
          “He was a Government Officer and he told this thousands of times that he will not run for a public office.”

          “13 Jan 2019 – Uploaded by Ada Derana
          I am ready for Presidential elections – Gotabaya
          ‘Sour Grapes’ or fighting for survival?

          • 2
            1

            Do you believe everything you see/hear/read on Sri Lankan Media?

      • 3
        0

        “Will that improve My3’s chances as the SLPP-SLFP common candidate?”
        You must be joking. As soon as his term ends, there are citizens waiting anxiously to file law suits against him for violation of the constitution, corruption, undeclared wealth…..so on. He is a born looser. Furthermore, his ‘ditta damma wedaneeya kamma’ for what he pledged in front of Ven. Sohitha thero and the poor Sorry Lankan population is waiting to bear fruit.

      • 0
        0

        Wrong Again. Cases against Gota are private cases not by the American Government. His renounce won’t affect with private cases. Read the California State Civil Law.

    • 2
      0

      Ugly American,

      True, it is a civil case now. But once the case goes ahead and the discovery process starts, findings in the case can aid a new criminal case. I think victims had difficulty in finding concrete evidence tying GR to the many murders directly. Since criminal cases have to be brought by prosecutors, not the victims themselves, it is a complicated issue, even under universal jurisdiction. But findings in a civil case can lead to more action later. The important thing is to keep the issue alive in courts.

  • 17
    1

    This is travesty of justice to our own war hero who fought the war from a petrol station (gas station) in the USA. He was so brave, he went to the U.S., during the war to have a clear mind to think, and came back after thinking a lot while pumping gas to pillage the country. Now it is time, the Sri Lankan war heroes invaded the U.S., and bring them under Sirisena gamarala’s control. Bloody jokers!!!

  • 9
    0

    There are affected parties in all over the world, if all join together, and it going to be a classic class actions case. .

  • 2
    5

    Zooka says Last Chance….that’s the word

    • 1
      0

      sachoooooooooooo

      What is JVP’s position on this?
      As usual are they sitting on the fence?

      • 0
        0

        They will definitely be. That’s the only thing jvp knows.

    • 0
      0

      Zookas days are numbered

  • 0
    0

    As I said before in another comment, why file a case at this juncture when it should have happened many moons ago. If the whole idea is to prevent GR from renouncing his US citizenship and thereby preventing him from contesting in the intended Presidential Elections then in my view, MR and his team has effectively deceived everyone by only making GR the target for darts. The real candidate could be another “war hero” who is not yet at the receiving end of accusations.

  • 0
    0

    This will help UNP to win next Presidential election.

    • 0
      0

      Dream on

  • 3
    0

    File action against Sarath Fonseka as evidence can be given by Prime Minister Ranil who declared in Parliament that the killing was done by Army Commander. What a funny situation in this country where the accused was nominated from the UNP to contest Presidantial election. The money for these cases are funded by the LTTE Tamil Diaspora. Fellows know what popularity GOTA has with the people.

  • 4
    0

    I commend ITJP for this long overdue effort. Finally something tangible in US courts.
    The provable cases like the Trinco-5 ( where Dr. Manoharan was willing to testify about his son’s murder) and the ACF-17 should also be included. That could be added as a class action and the legal costs could be borne by all, raising a legal fund.

  • 7
    0

    Specially most individuals have forgotten what Gotabaya did and have done in the name of ABUSE OF POWER.
    He acted as DICTATOR.
    He murdered , disabled and silenced numerous people during his tenure as a former defense secretary.
    He is the man who ordered his military associated to grab and incarcerated Field Marshal Sarath Fonseka.

    This wild man must be brought to justice and incarcerated soon.
    Rajapaksa family never and ever thought that they were defeated.

    Anyone can understand how they have stolen public money and became billionaires now.
    Whole Rajapaksha family must be incarcerated for life.

    • 1
      1

      Careful what you wish for. In your next life you will end up incarcerated for your whole life.

  • 1
    0

    This is a civil lawsuit, not a criminal one. The statute of limitation in the US is 4 years. Everyone that filed the case in the US is out of luck.

    • 1
      0

      The plaintiffs are obviously aware of the law or would have been advised of the law applicable in that State. It is said that in USA statutory periods do not begin until the offense is or should have been discovered. Gota’s involvement in the murders have come to light only in recent times subsequent to the evidence given by CID officers in cases filed against him in Sri Lanka. Further, the period of absence of GR from the USA is not considered when calculating the statutory period, since it is said that the “clock stops when a suspect leaves the scene”. Considering all of the above, it could still be possible for the Plaintiff’s case to be well within the period necessary to file a civil lawsuit in USA.

      • 0
        0

        No your argument is wrong. His lawyers in US will deny all accusations and a motion will tabled to dismiss the case as he still has his diplomatic immunity. Case will be thrown out of the courts.

    • 1
      0

      Rajiv Tennekoon

      “The statute of limitation in the US is 4 years. “

      It was and is 5 years.
      When did they change it to 4 years.

      • 0
        0

        Native,
        @
        It is 10 years in these cases according to the relevant act.

  • 1
    0

    Ha ha, Ha ha, Ha ha, Ha ha, Ha ha, Ha ha! Karma is a Bitch!

  • 0
    2

    How did Samathnam get hold of Ahimsa to corner Nandasena in Los Angles ?
    Is it Yasmin Sooka who arranged the Union?
    If it is, Nandasena may have to eat Kiribath in the Sheriff’s House..

    Anyway nothing much Nande’s loyal followers can do now, even if they belong to Viyathmaga and Eliya .or both.

    Something which is really important to our 70 % Plus Dalit Inhabitant population is the latest statement of the Vellala Party and Thamil Kindom Party Boss Sampathar which I came across in one of the leading English Broad Sheets in Colombo…

    Here it is ..
    Quote.” There is no purpose in talking about Reconciliation, and there is no purpose of talking about Good Will and Harmony unless you are able to contribute to lift the people . And improve the Living Standards of these People ” End Quote .
    =
    This is the preamble of Mr Sampathar’s request , asking the Yahapalana Govt to give him 24 Billion Ruppiah grant. ,

    Obviously it can’t be for the Vellala Community which Mr Sampathar’s Thamil Kingdom Party ITAK represents.
    Because Aloysious Dad & Son duo made 11 Billion just inside 6 Months of the Yahapalana government of Dr Ranil which Mr Sampathar is the main Builder..
    It must be totally for the Inhabitants of Jaffna…

    Wonder whether Mr Sampathar has started reading the CT and stumbled across one of my humble comments..

    • 1
      0

      KASmaalam K A Sumanasekera

      “Wonder whether Mr Sampathar has started reading the CT and stumbled across one of my humble comments..”

      We don’t even entertain your extravagant, extraordinary, ……………. claims, leave alone Trinco Sam. What is there for Sam to learn from your typing?

  • 1
    0

    This page ia excellent we are like that news

  • 0
    2

    The law of land and system of governance of democratic of that Sri lanka has NO special powers for Secretary of Defence to torcher , arrest,detain and Jail any of that citizens without orders from relevant Executive of Elected President or Primer or Minister by Republic Constitution of Island of Lanka.
    The Secretary of Ministers has no Power order of declared Emergency or War that give directive an enforcement authorities for such illegal action by himself. That ourspower of democracy derive from People’s ballots not by LTTE-TNA joint bulles .
    There are huge number of Tamil Terrorist are hide in USA. In fcat Currently these Tamil Terrorist are permitted freely go court allowed by that USA’s New Rules of Law ! $$$.
    Any case if persons are taken into detain by Police that come under PTA act which passed by Sri lanka Parliament of previous governments or alliance of current regime led by MS, RW, CBK, TNA or JVP.
    Out large that number of Tamil LTTE Terrorist in enjoy land of Liberty and Freedom of that an entitled to living in -” that Democracy of USA” had been permitted living comfortability by state of the USA!
    An even ruthless Tamil LTTE”s terrorist has gone US courts that they seek challenge citizens of USA of not relevant to matter of US ,but is was happen in any other land? I view that US system of legal order has become laughing stock that before the People of world!
    This is a by and large that Tamil LTTE terrorist are freely function of USA soil by new form that covered operation
    In Globally name of “USA-democracy” determined to fighting against Terrorist if different type & forms of names as a ISIS, Al Qaeda, Talabani-Islam , Baku Haram Jihadist, newly branded Iran revolutionary guard as Terrorist, Palestinian Terrorist are few of among them !!!!!!? $$$. But not that Tamil LTTE of Ruthless Terrorist ??? $ @@@@@@@.

    • 1
      0

      Buddy,

      Kindly find a good translator, translate all this to English, and post again. I make no promises that I will come back here to read it, though :D

  • 0
    0

    The news may cause jubilancy among some or despondency.
    Do not be hasty. The US Courts may, to show that the system is watertight, require unchallengeable proof.

    • 1
      0

      This is not a criminal case to prove beyond a reasonable doubt. Its civil. Many of the information that the govt buried or the media was frightened to publish would come out.
      Even if nothing happens this is a good thing. Most of his family are in the US and even people around them don’t know what kind of a criminal family this is. case should shed some light.

  • 0
    0

    The great state of the USA has warned the ICC Judges not to touch any of their citizens.
    The Diaspora has enough money to throw as they do not now have to account for their expenditure to either Castro or Velu.

  • 0
    0

    He has already in Tokyo to catch his next plane. Good luck with your nonsense thoughts.

  • 0
    0

    International Truth and Justice Project; ITJP, has failed to keep Gota in USA with their case filed in a California Court; which is the biggest Indian ghetto in USA.

    This project is headed by Yasmin Sooka an Indian Colonial Parasite from South Africa and people like Frances Harrison from UK a British sucker of Indian Empire.

    This is another loss for Indian Union, Indian Empire, Indian intelligence services. Indian Colonial Parasites, Indian Parasites, Indian Lobby in the West and Indian suckers like Francis Harrison.

    ITJP no, +44 (0) 7946488089. This woman who worked for Amnesty International, BBC etc is an anti Sinhala and pro Indian woman. Works with Indian Colonial Parasite Yasmin Sooka an Indian Colonial Parasites from South Africa and Ceylon etc.

    We the victims of Indian imperialism and colonialism should unite and stand up to India and Indian Parasites out of India.

    See what India has done to the natves of Andaman and Nicobar Islands.

    • 0
      0

      You have picked a handle that really suits you as you write like one.

  • 0
    0

    The large number of Tamil Terrorist has penetrated and infiltrated into CT by entry tactics while using power of paper currency of USA Dollar denomination .the so-called Western Media will lost their Global identity by sooner than later.

    • 1
      0

      Rex Jansen

      What is your point if you have one?

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