19 November, 2019

Blog

The Hypocrisy Of Hybrid Courts 

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

Dr. Dayan Jayatilleka

Given the outpouring of public gratitude towards the military for its role in rescue and relief during the floods, I’d like to see the Government proceeding with and taking the consequences of the ‘full implementation of the Geneva resolution’, with new hybrid judicial mechanisms, foreign judges etc.

One cannot help but wonder how Foreign Minister Kadirgamar would have reacted to the recent, absurdly intrusive and occasionally hypocritical statements on Sri Lanka by Justin Trudeau, Jeremy Corbyn and Jayalalithaa.

Speaking of the late Mr. Kadirgamar, a former secretary of Justice Dr. Nihal Jayawickrema has expressed some doubts and confusion as to who killed him. Hmmm, who indeed could it conceivably have been?

Dr. Jayawickrema has, to cut a convoluted story short, advocated a hybrid court and foreign participation in probing the war and the military which liberated us from thirty years of suicide bombing terrorism.

This is even richer in hypocrisy than Justin Trudeau’s statement. Dr. Jayawickrema, a friend of my father’s, served as a conspicuous commissar under Felix Dias Bandaranaike in the Sirimavo Bandaranaike regime of 1970-1977. Remember Gamani Fonseka’s film ‘Sagarayak Meda’ anyone?

My father was an enlightened dissident in that Establishment who was duly sacked by Mrs. Bandaranaike from the posts of Editor, Daily News and Editor-in-Chief of Lake House (just as I would be from Geneva over three decades later by President Rajapaksa). Dr. Jayawickrema by contrast was deprived of his civic rights on charges of the abuse of power, by the successor administration which was swept in with the most massive popular mandate in the history of Sri Lankan democracy.

It was during the administration of Mrs. Bandaranaike, of which Dr. Jayawickrema was a flamboyantly energetic apparatchik that Sri Lanka (still Ceylon at the time) saw bodies of young men and women, burnt on tyres; floating down rivers with hands tied behind their backs. A JVP suspect named Kamalabandu was dismembered while alive with a buzz-saw. People stopped eating fish, because the fish had fed on the bodies.

My generation saw these horrors. In my teens I joined a revolutionary group (of which Rohan Samarajeewa and Asoka Pieris were older members) and was detained for questioning by the anti-terrorist secret police between my A levels and university entrance.

Profs Sarachchandra and Ashley Halpe wrote about the tyre pyres up in the Hantana hills. Bala Tampoe wrote open letters of protest to the PM. Prof. EFC Ludowyk signed petitions in London against the horrors. The Civil Rights Movement was initiated against this reign of terror. Its co-founder, Rajah Gunasekara, the Law College Principal, was reviled (as was MARGA Institute and its respected founder Godfrey Gunatilleke) by Dr. Jayawickrema’s boss (and my father’s campus colleague), Felix Dias.

The Amnesty International representative Lord Avebury was deported. The Guardian (London) ran Lord Avebury’s article with the caption “An Island behind Bars”. The Ceylon Solidarity Campaign was started in London against the regime’s brutal practices. Civil rights lawyers protested against retroactive legislation. Indeed the Communist Party of Sri Lanka split and its two most respected leaders, Dr. SA Wickemasinghe and Sarath Muttetuwegama left the Government precisely in protest at the passage of the Criminal Justice Commission (CJC) Act , which they criticized for being both retroactive and draconian. It is the Ministry of which Dr. Jayawickrema was Permanent Secretary that drafted that piece of legislation.

While this exceptional legislation was directed against the anti-state forces which lost the clash, there were no hybrid courts and foreign judges to ensure the accountability of the state apparatus.

What the military learned in 1971, it practiced again in 1986-1989, as the 1971 veterans rose through the ranks. What the JVP didn’t do in 1971 it did in 1986-1989 because it thought it had been too soft the first time around and imitated both its old enemy and the Tamil Tigers who had arisen since. Ragging grew exponentially more violent as a generation which had witnessed torture entered the universities after 1971. A new generation which had witnessed atrocities and been brutalized, joined both the JVP and the military.

Despite a record 12,000 enforced disappearances according to a UN report, there were no hybrid courts or foreign judges.

I don’t see anything wrong in that, but if there were no accountability mechanisms and certainly exceptional, hybrid ones after either 1971 or 1987-90, there do not need to be any after our Just War of self-defense and reunification (2007-2009).

Dr. Jayawickrema went overseas, earned his PhD and much to the delight of the last British Governor of Hong Kong, Chris Patten, preached Human Rights in Hong Kong before it reverted to China.

Having gone through the thirty year war living in Eton, UK, during which time our friends were being killed by suicide bombers, and we were risking sudden death in daily life, Dr. Jayawickrema wants hybrid courts and foreign judges to judge our military men who liberated us from the hell of weekly terrorist attacks.

Meanwhile Jayalalithaa Jayaram, who just won a historic electoral victory, had declared during her campaign, her commitment to Tamil Eelam.

For its part, the Sri Lankan government has agreed to an Indian-built temple marking the spot where Sita is said to have had to walk the talk through the fire (the earliest forerunner of a ‘Game of Thrones’ lass).

Thus the Sri Lankan government has given permission for a temple marking a mythical narrative in which Ravana of Lanka is the bad guy and India’s Rama and his invading monkey army are heroes!

No wonder our PM, far more a Vibheeshana fan than a Ravana fan, suggested the Hanuman Bridge linking Tamil Nadu with northern Sri Lanka as far back as 2002; a deadly bridge and underwater tunnel which India is now about to build.

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Latest comments

  • 1
    0

    [Edited out]

    • 8
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      Hello sama
      You have upset CT editorial board. Is is not done mate.
      Did to criticise the racist Dayan, is that why your comments are edited out.
      You should never try to criticise racists in CT.
      Good luck with your future comments.

    • 12
      4

      What a shame this fellow has to write so much about his father’s position or whom his father knew, to get his message across!

      Or for that matter, drop so many names just to make his claim stand!.

    • 11
      3

      “Given the outpouring of public gratitude towards the military for its role in rescue and relief during the floods, I’d like to see the Government proceeding with and taking the consequences”

      So, any form of justice should be based on popular sentiment? Not right and wrong?

      “Speaking of the late Mr. Kadirgamar, a former secretary of Justice Dr. Nihal Jayawickrema has expressed some doubts and confusion as to who killed him. Hmmm, who indeed could it conceivably have been?”

      This is a game two can play! Speaking of Lasantha Wickramatunga ……. Hmmm, who indeed could it conceivably have been? Dayan, do you want to come out and say it loud? I bet you wouldn’t.

      “popularity” of the Ranaweerus is a song sung in all parts of the world. But if there is real appreciation there wouldn’t be so many rotting away in VA hospitals without funds for proper care.

      If Mahinda really cared, he could have cut down on his opulence and spend the money on the Ranaweerus. Words are cheap. Ah! actions, that’s another matter. Mahinda doesn’t give a toss about the Ranaweerus; he is simply trying to protect his brother.

      If Mahinda had even an ounce of love for the country he wouldn’t try to impose Namal on the population. The logic is simple as that. And you don’t need a PhD to figure that out.

      • 3
        11

        Nimal Fernando, What makes you think this twat has a PhD? Among the gratuitous name droppings, he is casting aspersions on the Sirimavo Bandaranaike regime of 1970-1977. Compared to the Rajapakses she was an angel who did things her way, right or wrong, for the love of the country and not to benefit herself. I’ve had the privilege of meeting her in person during her visit to UK in the 70’s and attending National Ethnic Minorities Assembly Council, the President of which was my friend Ranjit Kulatunga and I was the official photographer. She came across as a genuinely kind person.

        • 5
          1

          “What makes you think this twat has a PhD? “

          Your question is directed at him because you are muslim and he is catholic.
          He definitely did not get his PhD in a muslim harem but he has one and he does know enough latin to outwit you at English which is not your mother tongue but Bad U Din stole it from the Tamils and Sinhalese for immigrant muslims immigrant chetties- all immigrants.
          You need grey matter not burka boo.

          “I’ve had the privilege of meeting her in person during her visit to UK in the 70’s “- So we see how you made your way to infidel land by mesa yatin! bada-u-din.

          `weeping woman` seduction.

          While you are a muslim who did not live close to `weeping widow` residence so you praise her because she alone was a secret lover of postman’s son terrorist Hussain the Pan_Arab who has left such mark that 90% of remittances come from ME doing menial work. While you enjoy UK the land of the infidel.

          At a private meet at Rosmead My mum on the other hand left the X’mas cake with sultanas untouched on the plate that she served at her home in protest and walked away- we saw how the poor were rummaging the bins for food at Col7. X’mas is about giving irrespective of faith and a christian quality.

          Moro you got Gaul? go back to Istan .

          • 0
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            Nalin you idiot, when you run out of ideas you must research beyond what you know, not simply throw in “Islam” into the mix and hope you get the support of the BBS and other Islamaphobia addicts. It’s pathetic really. When you have nothing relevant to say, remain silent and withdrawn to a corner without revealing what an ignorant nincompoop you really are. The millions spent on educating you had been a complete waste

            • 0
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              “The millions spent on educating you had been a complete waste “

              Simply put: Whose millions are you trying to own; you special stolen education or others free for all education;

              “Nalin you idiot, when you run out of ideas you must research beyond what you know, not simply throw in “Islam” into the mix and hope you get the support of the BBS and other Islamaphobia addicts. It’s pathetic really. “

              I_slam humanity is your shame and there is nothing we can do for you.

              “When you have nothing relevant to say, remain silent and withdrawn to a corner without revealing what an ignorant nincompoop you really are.”

              There goes a woman who doesn’t have all her marbles;)))

            • 0
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              Sylvia Haik,

              “Nalin you idiot, when you run out of `ideas`you must research”

              dumbass,,,

              Is the empath the opposite of the sociopath? Yes and no.

              Wisdom is a Wonder, keep wondering, moro!))))

        • 5
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          Sylvia Haik

          “Compared to the Rajapakses she was an angel who did things her way, right or wrong, for the love of the country and not to benefit herself.”

          Almost everything wrong. I am not sure above her love for the country.

          “attending National Ethnic Minorities Assembly Council, “

          She never cared about Ethnic Minorities in her entire life. In fact during her reign, she did make life difficult for the minorities.

          “She came across as a genuinely kind person.”

          As the weeping widow, she played her role very well and while leading the SLFP she voted for her son Anura a member of UNP.

          • 3
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            Native Vedda,

            As she says she was the official photographer.

            Deals only with “National Ethnic Minorities Assembly Council”

            Has no respect for merit. Its because of them all immigrants have to face the wrath of UKIP.
            Always under the table and multiply so London becomes a sewer.

            How much of optical illusion does she know??

            It would end up like CERN.

            Her Rustomjee parsee not seen around.

            • 0
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              There’s nothing missing from your verbal diarrhoea except a bad smell and now that too is coming through. You should be ashamed of your blatant ignorance. Despite your blind admirance of UKIP’s hostilities towards immigrants, recently a Muslim has been elected the Mayor of London.

              • 0
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                Sylvia Haik.
                “your verbal diarrhoea except a bad smell and now that too is coming through.”

                Got your knickers in a twist. cutthroat smelling to high heavens.

                “You should be ashamed of your blatant ignorance.”

                Hell yeah, slot still up on the tree.

                “Despite your blind admirance of UKIP’s hostilities towards immigrants, recently a Muslim has been elected the Mayor of London. “

                ghetto brain, who cares whether it’s dr jekyll or mr hyde,tipu toppe,rabbi, as we have at least 50 types, stupid old hag idiota, raamona clan fanaticism.
                anti_merit to the core, racist, invertebrate – look in the mirror you are one and the same disney spells.

            • 2
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              Nalin

              What are you blabbering today?

              Have you lost your marbles?

              If you don’t like “others” go join Nalin de Silva, Dayan de Silva, Wimal Weerawansa, ……….. MR, Gota, …..

              • 2
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                Native Vedda ,

                School teacher for TNA recruits.

                Get used to it!

                Stop keeping your foot in the mouth.

    • 2
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      One of the japanese who has learnt lanken langagues has added his thoughts ABOUT THE country lately…

      Why the lankens in general cant move forward as they way they aspire… it is all because their superior complex mind sets (MANAYA). For no reasons we the folks, make us high. Why ? For entire Europe and America we are just an another folks who has to struggle for our surivival. There are also idiots, that sinhala folks are being compared to Jewish folks…. but what have we achieved as a folk ? nothing actually

      See it now as it is, we became swollen that previous regime brought Highways, but the manner they had done so is without planning soil conservation accordingly – all the soil structures should have been subjected to tremours …. and they the men have done nothing towards canalisation. Colombo suburbs is met with the disaster more than anywhere else, we need the folks if we should behave superior… we should at least be better than others…. are we ?( I am talking about sinhala folks).

  • 11
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    [Edited out]

    Dayan please do us a favour – try to see it right let alone today- that can help both us the nation and you too. For sure, being a man in late 50ties, having had the chance to obtain sound knowledge of diplomatic connections thanks ot previous govts, he should have the capacity as others in the same ranks, to give it further.. that way only he can help the nation. Just stuck on to Ultra nationalisitic so called patriotic thoughts – ( in the reality you have proved you are just an another selfish person) cant bring you or nation forward.. we experiecned this over the past few decades.

    In retrospect, you have done nothing to this country even if you had the capacity to turn megalomanic Mahinda administration toward good.
    Mother lanka will not be happy for your performances…. nor would your families.. good luck to you anyway.

    • 11
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      Leelawathie Jayathilaka

      Don’t forget this the man who escaped to India by illegal means from Sri Lankan authorities, and joined hands with Tamil terrorists who were fighting to establish a separate state.

      His Cv is full of bigotry, inconsistency, hypocrisy, dishonesty, self-glorification and suffers from delusion.

      He had served only under two most brutal dictators of the island.

      ” you have done nothing to this country even if you had the capacity to turn megalomanic Mahinda administration toward good.”

      Mahinda knew exactly what he wanted. You ought to ask Dayan the war crime denier as to what exactly he aspired to and what exactly he turned out to be.

  • 19
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    Dear Dayan,

    Don’t worry too much about hybrid courts or mono Sinhala Buddhist Fundamentalists court, the truth is that Mahinda Rajapakse Family and his buddhist Fundamentalist advisors should understand that they can’t escape from what they did to the humanity during their period of dictatorship between 2006 and 2015. There should be reason why People rejected your group in January 2015 and thereafter. People knew well it is not the military who violated human rights and committed war crimes, they were forced to do that by your advice. You must know that it is the military personal who provided the evidence of war crimes and human rights violation committed during the war. You are not crying for military but you are crying for Mahinda!

    • 3
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      [Edited out]

    • 4
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      Ajith, people will also remember that this DJ fellow was a supporter of sri lanka’s only dictator; the man who blighted our good name and therefore DJ’s name is also the pits!

      That is why he has to depend on his father’s record so much!!!

      Shame!

      • 1
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        Gramberg,

        DJ behaves as if he is met with teenage transition.

        Remember how behaved on the stage of Nugegoda Wedikawa ?

        He sat with dogs and now is being suffered by ticking problems.

        He is cornered by almost everyone today.
        But the man s mama thamai miniha nature is still there.

        These men should finally get it – thugs and ultra nationalists will have no chance if the folks would collectively work on peace and reconciliation for all folks of the island nation.

        I know it in Germany, those NKD people have no chance since all other parties woudl never allow them to rise easily. So is the case with lanken sinhala or tamil chanunists and their future.

        Ours in the country are in gneeral not so educated as is the similar cases in germany other western countries.

  • 10
    5

    WOW ! What a piece of garbage again from our Dr.DJ ! He just can’t give up scaring people.
    Don’t you worry too much Sir, nothing is going to happen. No hybrid or even inquiry. See how good governance is going full throttle! We know you still have hopes of an MR gang return and that seems quite possible. See, many people were made to believe that LTTE did Kadirgamar and you pretty well know it all.

    Absolutely,LTTE did all the political murders in the country and our valiant forces sacrificed their lives and rescued the poor forcibly kept Tamils and kept them in internment camps for their own safety.

    The torture stories are all made up by diaspora goons, including the Channel 4 fake videos..

    Innocent MR government did all what they can, single handedly without getting any help from outside.

    Nice story and sure we believed everything !

  • 8
    5

    Jayalalitha have won the election once more. A result TN has not seen for 30 years. That is why Thero de Silva is picking on Jayalalitha. This time the Eelam Tamils’ problem was not prominent in the TN election campaigns during the early and mid-stages. TGTE released a statement of what the Eelam Tamils wants from the TN relatives. Jayalalitha correctly reactivated her call for Tamil Eelam. She won. TN election results are lesson to PM Modi to polish his interest in Eelam Tamils’ problem.

    Sirimavo sacked duly Mervyn de Silva and took her own path and faced the realities. But Old King was too late to duly sack Thero Dayan de Silva and kept listing to him up to May 2009 and now struggling to avoid sitting on UN electric Chair for a body massage. But that comedian is hanging on ropes upside down like orangutans for body workouts.

    As Usual Thero has shown his Blah, Blah PhD. First shame is his personal attack on Dr. Jayawickrema. Though Thero has put forward many things happened in Dr. Jayawickrema time, he did not point one of them as Dr. Jayawickrema’s sole decision and carried out by him without the proper authorization of the Authority (bosses). So all those listed are suitable for Sinhala Buddhist Modayas only, not for those who look for a proper analysis and connection with the actions took place. Thero has been using a defense of blaming the failed ones on others and the crowning him with the credits for victories, which was made possible by India and America, on him. He is not ready to allow that justice to reach Dr. Jayawickrema. He is not denying anything Dr. Jayawickrema said in that specific essay other than differing on the proposed participation of the “Foreign and Commonwealth Judges and Lawyers”. One has to take that as Thero is not contesting Dr. Jayawickrema on what he said. But Thero is blaming Dr. Jayawickrema indirectly by just listing some incidents happened in Sirima’s time. Thero’s defense presented here is of the Kindergarten kids blaming that Dr. Jayawickrema had stolen a cookie that why he too did it.
    There was/is no one government in Lankawe rule/d the country by Law from the time Stephen Don started the game in1948. Thero is trying to single out Sirimavo’s time only because Dr.Jayawickrema had a senior post under an influential Minister. Thero is not mentioning that Felix was too was civic right deprived, not just Dr. Jayawickrema. Here it is not established if Dr. Jayawickrema had just followed his orders. Further, Thero appears to be taking a position of Junius Richard was pious monk when he was depriving the civic rights of the previous SLFP government’s members. General opinion is that they all (, the UNP and the SLFP) are pots and kettles only and listen and act Thero like biased and corrupted ill-advisors. So it’s is a fruitless argument Thero is following when he blame only Dr. Jayawickrema for everything happened in Sirimavo’s time and picking up only Sirimavo’s time to blame. Dr. Jayawickrema did not follow that path. He, in his lengthy essay to substantiate the participation of “Foreign and Commonwealth Judges and Lawyers” he blamed the Sinhala Politics that existed even for the Freedom. Dr. Jayawickrema had written in CT another article too substantiate the participation of “Foreign and Commonwealth Judges and Lawyers”, But Thero is answering only to the latter one. So the Thero’s below the belt hit on Dr. Jayawickrema is putting one more rotten apple in his overfilled basked of his illogic and notoriety debate he has been carrying last two years. Thero hiding the fact that Dr. Jayawickrema’s time was investigated and he and his bosses were punished by Junius Richard. Now he is accepting that Old King has done something equal to Sirimavo but arguing Old King should be let go because Dr. Jayawickrema is not punished. It is not just Old King not punished, he has received guarantee from the Yahapalanaya government not to be punished. Further Sirimavo government’s Felix is the current New King. New King name is too listed in OISL report as war criminal. Felix was punished by Junius but New King will not punish New King. There are many others listed in that report are current ministers. Thero is dodging when Dr. Jayawickrema listing these as the reason for the need for “Foreign and Commonwealth Judges and Lawyers”. That is why there is no chance for Tamils to expect any justice served by the Yahapalanaya Government.

    Thero Dayan De Silva cannot remember this as listed a war crime by OISL. Thero Dayan De Silva forgetting his current hero, Old King King took the atrocities committed by the Thero’s previous Hero, the Richard the Roundabout to UNCHR but it was not listed as a war crime. Thero Dayan De Silva has not so far answered if the Old King can take a suppression of JVP uprising to UNCHR then why the Tamil cannot take their Freedom fight suppressed to UNHRC. In any of the two cases if the UN body had blamed the Lankawe Appe Aandu only it is guilty. In Tamils case the OISL has blamed the Appe Aanduwa and has requested for further inquiry to War Crime. What is difficulty for Thero De Silva to understand that when Dr. Jayawickrema is trying to explain him that?

  • 8
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    When dead bodies floated on the Beira and elsewhere, indictment was begun in a court of law, and the trial could not proceed as the State Counsel were absent on successive occasions of trial dates.

    Tyre pyres were fact and not fiction.
    These were extreme ‘extra-judicial executions’ by state forces of rebel youth. Many were also summarily shot without being arrested, as the ‘order’ was ‘not to take prisoners’.
    CJC Act created the present judiciary and law fraternity which function even now.
    Ragging was there in the University of Ceylon long before the JVP insurrections. It became violent later.

    If there were no hybrid courts then, they are necessary now, to judge alleged war criminals.
    This is why Sri Lanka agreed to the UNHRC resolution.
    Justin Trudeau opined according to the judicial values of Canada.
    Jayawickreme’s past and Jayalalitha’s statements have no bearing on the resolution.

  • 6
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    Dr. Dayan Jayatilleka

    RE: The Hypocrisy Of Hybrid Courts

    Are you afraid that the Hybrid Courts may find MaRa Chatu MaRa Amana MaRa and his cronies who are criminals and killers may be found guilty and punished.

    Is that the issue,[Edited out]

    • 2
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      Hey Amarasiri
      I am surprised your comment is edited out by CT. It is one for the book.
      What did you write against Dayan?

    • 2
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      His doctoral thesis focused on – “Devious tactics and hypocrasy in leaders of developing countries ” – guy seems to have been applying all what found out while working for the PhD. That is why we see him totally like- square peg in a round hole.

  • 17
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    Dayan Jayatilleka the war monger and the war crime denier types stories. Even stories need some logical narratives.

    Would anyone in their sane mind respond to this piece of trash typed by a political prostitute and a public racist?

    • 8
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      Dumb Native Veddo:

      Wiping out homicide bombers, black tigers who blew up civilians are war crimes.

      Tamils never become intelligent.

      Eternal victims. always some one wrong and never them.

      • 8
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        jim softy dimwit

        “Tamils never become intelligent.”

        Would you care to tell it to the kith and kin who lost their relatives through no fault of their own?

        You presented yourself in this forum as one who is a brainless moron but now you have proved to be heartless one as well.

        “Eternal victims”

        When we have brainless/heartless morons like you running the state there won’t be any shortage for eternal victims. It never stopped since the war against people started on 5th April 1971.

        As long as you are around the killings won’t stop even if you live abroad or another planet.

        • 5
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          Dumb Native Vedda the fking Dalit Tamil. Dalits Asked for it. WE gave it to them. Was that wrong ?

          Tamils are dumb and they are destructive to they themselves than any one else.

          We gave it to them for at least 2560 years. We don’t mind giving them

          • 5
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            jim softy dimwit

            “Dumb Native Vedda the fking Dalit Tamil.”

            Brilliant.

            “Tamils are dumb and they are destructive to they themselves than any one else.”

            Well good self analysis.

            “We gave it to them for at least 2560 years. We don’t mind giving them”

            Whom did you give?

            What did you give?

            Where did you steal it?

            Whom did you steal it?

            Here is something you ought to know but you have ignored it for the past 85 years:

            Here’s the simplified and the shortest version of THE GITA wich conveys almost every important aspect and basic things in THE GITA.

            Why do you worry without cause?
            Whom do you fear without reason?
            Who can kill you?
            The soul is neither born, nor does it die.
            Whatever happened, happened for the good; whatever is happening, is happening for the good; whatever will happen, will also happen for the good only.
            You need not have any regrets for the past.
            You need not worry for the future.The present is happening…
            What did you lose that you cry about?
            What did you bring with you,
            which you think you have lost?
            What did you produce, which you think got destroyed?
            You did not bring anything, whatever you have, you received from here.
            Whatever you have given, you have given only here.
            Whatever you took, you took from God.
            Whatever you gave, you gave to Him.
            You came empty handed, you will leave empty handed.
            What is yours today, belonged to someone else yesterday, and will belong to someone else the day after tomorrow.
            You are mistakenly enjoying the thought that this is yours.
            It is this false happiness that is the cause of your sorrows.
            Change is the law of the universe.
            What you think of as death, is indeed life.
            In one instance you can be a millionaire, and in the other instance you can be steeped in poverty.
            Yours and mine, big & small, erase these ideas from your mind. Then everything is yours and you belong to everyone.
            This body is not yours, neither are you of the body.
            The body is made of fire, water, air, earth and ether, and will disappear into these elements.
            But the soul is permanent – so who are you?
            Dedicate your being to God.
            He is the one to be ultimately relied upon.
            Those who know of His support are forever free from fear, worry and sorrow.
            Whatever you do, do it as a dedication to God.
            This will bring you the tremendous experience of joy and life-freedom forever.

            facebook.com/notes/
            maryada-purushottam-
            bhagwan-shri-ram

            I know it is too much to expect an arrogant, brainless, heartless, dimwit, …. to understand Gita. However it would be useful to others.

            • 2
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              Dear Native,

              Pity you didn’t make Mr Pirahaparan read it..

              Hope you will make this available to Vellala Wigs, Sambadan and Abraham. so that all our inahbitants live in peace as one..

              Ah.. don’t forget Sivajilingam ..

              • 2
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                KASmaalam KA Sumanasekera

                “Pity you didn’t make Mr Pirahaparan read it..”

                You didn’t either.

                According to VP’s b***s carriers, he was well versed in Bhagavad Gita and was an adherent to every word of it since he was in his mother’s tummy.

                “Hope you will make this available to Vellala Wigs”

                Probably he is aware of it too.

                “so that all our inahbitants live in peace as one.. “

                Gita was preached to Arjuna by Krishna at the battle-field.

                “Ah.. don’t forget Sivajilingam ..”

                It is your job and not mine.

        • 0
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          Vedda
          Another silly unintelligent post!
          Keep polluting the cyber space. Your vocabulary has now been extended from “stupid” to “moron” and “brainless” “heartless”. Some achievement for a vedda!

          • 3
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            Nuisance the stupid I

            “Keep polluting the cyber space. Your vocabulary has now been extended from “stupid” to “moron” and “brainless” “heartless”

            Please feel free to chose the ones that fit you and leave the rest for sachoooooooo the stupid II.

            Don’t thank me.

      • 3
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        Jim Softy,

        Should the following apply to the Tamils now: ‘ Demalayo Modayo, Vadey Kanda Yodayo’ ?

        Dr.RN

    • 2
      2

      DJ is no different than HLDM and IH when it comes to ranting on the same subject
      Why get annoyed,the moon does not bother about the dog’s barks.

  • 6
    4

    Dr.D.J,

    You are using Hitler regime’s tactics to bring back MR to power. You talk critically about Ramayana characters but purposefully left out how Buddhism and North & South Indian languages contributed to the evolvement of Sinhalese language & Buddhism in SL.

    Another dirty thing you are doing is trying to woo the JVP supporters to your side. But current JVP leaders who are not like you and your ilk. Otherwise they wouldn’t have helped to bring about a regime change in Jan 8th 2015. JVP leaders know about the corruption and abuse of official powers that were practised by the past regime. JVP leaders also reassured the vulnerable SL minorities that their party will not allow July 1983 situation to come back.

    If you are such a wise, honest political scientist, a diplomat and a creative writer this is the time you should write your own views on BC pact and DC pact and why they were abrogated or couldn’t implement mentioned through ammendments to the SL constitution.

    By the way are you a person who practices Buddhism in your daily life or a Christian or a Hindu or a Muslim ?

    By the way did you ever worked under Kadirgamar ? Why his name has Lahksman as part of it ?
    Anyway Chadrika who lost one eye knows better than you on these matters. KADIRGAMAR also adapted Buddhism as his religion somewhere along his life journey. Kadirgamar surname is based on Katakana ma Hindu God.

    I was told that you held an academic position in one of the SEA countries. Why t didn’t they extend your service after 1 year ? Look at one of your colleagues who renounced his SL citizenship and became a citizen.
    .

  • 6
    4

    Hybrid courts means Sri lanka govt accepts, even at present, they have not been able to establish a fair justice system in Sri lanka, and that means present justice minister, PM and President are incapable clowns.

    They accept, sri lanka can not do anything unless foreigners do it for us.

    Leaders without balls who can not fix a country. they still have the colonial mentality.

    they don’t want to prosecute even the thieves when the FCID is now years old and that some rajapakses and their other henchmen stole billions from the public. that is how their FCID and the court system works. Thieves who plundered the country are all over the world,and they REQUEST them to come and say that they are guilty. that is how the present govt’s level of corruption.

  • 10
    5

    Dayan,
    Are you centering your hypothesis on comparing entirely different situations- a brutal war and a
    rain related rescue operation? You can contrast, but not compare. Armed men fighting a war are in a different mental state than unarmed men, though trained for war, helping with a rescue operation.

    Nothing more can be said about your repeated attempts to clutch at straws!

    Dr.Rajasingham Narendran

  • 0
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    [Edited out]

  • 2
    3

    Dear readers,
    This Author became popular for showing his selfish motives to us from 2009. How is that he is not smart enough to be modest, friendly and honest to his Countrymen and advise for the good future of the Country. The leaders of Sri Lanka really need good Journalists and people like this Author(not this author of course) with good intentions for the Country must do a brainstorm and give reliable direction to the current Leaders to make them realize to work for the good of the Country. I always wonder why the Leaders in Sri Lanka are doing the wrong thing and pushing down/ mistreating their own Countrymen from a moderate life to the worse all the time. All other Countries around are doing the reverse improving the standard of living of its Citizens. Why are they not seeing this? Is it because they are misled by other selfish insiders even when the UN is there to advise them to do what the other Countries are doing? Don’t tell me the Leaders are also babies.

  • 6
    2

    “I don’t see anything wrong in that, but if there were no accountability mechanisms and certainly exceptional, hybrid ones after either 1971 or 1987-90, there do not need to be any after our Just War of self-defense and reunification (2007-2009).”

    In every instance of atrocities you list, a proper investigation and justice was demanded; but it was up to the kin of the victims and their advocates to take up the demand. That fact is that 2007-2009 victims’ kin and advocates have demanded justice and will continue to demand that. That is great thing. An essential thing if Sri Lanka is to turn its back on such repeated violence forever. If the advocates of those Sinhalese victims of 1971 and 1987-90 did not show the same persistence in their demands, it was their fault.

    Indeed it was the failure to ensure justice in each instance that made the subsequent abuses possible. So your hot air against a proper investigation of war crimes in the 2007-2009 period buttresses the case for such an investigation under international supervision and just punishment; a hybrid court might satisfy that requirement from the victims’ perspective.

    • 7
      3

      Agnos

      Please read this article which shed some light on the three zonal commissions which were set up to investigate disappearance between 1987 to 1989:

      Victims of Disappearances – Still Waiting for Justice in Sri Lanka

      by M.C.M. Iqbal

      Note: This is an edited version of a presentation made by the writer at a panel discussion organized by the International Commission of Jurists at the UN in Geneva on 18March 2010, on the occasion of the launching of the book “Rule of Law, The Criminal Justice System and Commissions of Inquiry since 1977” written by Kishali Pinto Jayawardena.

      Several Commissions of Inquiry into Disappearances of Persons (COIs)
      had been appointed by successive governments since 1990. Of these, the
      writer had been the Secretary to what is known as the Central Zone Commission1 and the All Island Commission appointed in 1994 and 1998, respectively. Militancy of Sinhala youth in the South and the Tamil
      youth in the North resulted in what the NGOs estimate to be the disappearance of nearly 60,000 youth from various parts of Sri Lanka. However, the Commissions appointed in 1994 received only 27,526
      complaints. Of these 10,136 complaints were inquired into by the All Island Commission appointed in 1998. The following comments and observations are made as a corollary to the book that is being launched today. It is hoped that the readers would get a clearer picture
      of the task of the COIs and what followed after their reports were submitted to the President.

      The Mandates of these Commissions

      It needs to be noted that the Mandates of the three Zonal Commissions
      authorized the COIs to inquire only into incidents of disappearances that occurred after 1 January 1988. This resulted in a large number of disappearances that occurred during the period before that date being excluded from being inquired into by these COIs. At the time the COIs were appointed. Jaffna was under the control of the LTTE and the people of that area had no electricity or access to information. They were not able to travel freely to the South. So many of the victims of
      disappearances in the North at that time did not even know there was a COI appointed to inquire into such incidents. Consequently, the North East Zonal COI, which incidentally never had a sitting in Jaffna,
      received very few complaints from the Jaffna District.

      In the conduct of their inquiries, the COIs are exempted from the requirement to comply with the provisions of the Evidence Ordinance so they were able to come to a finding on a balance of probabilities based
      on the evidence of complainant and other witnesses, and on an examination of the relevant information, books and records at the police stations.

      The COIs had to, inter alia, come to a finding on whether credible material indicative of the person or persons responsible, was available. The COIs were also expected to report on the whereabouts of the persons alleged to have disappeared. This could not be done satisfactorily as they had no access to the several unauthorized
      detention centers about which the COIs became aware during course of the inquiries.

      When the COIs had concluded their inquiries and were in the process of writing their reports, the Secretary to the President summoned the Chairpersons and Secretaries of the COIs and informed them that any
      compensation contemplated should not be a burden to the finances of the country. They were directed to fall in line with the provisions of a circular issued in 1987 with regard to compensation to victims of the riots that took place during that year. This circular had specified
      a scale of compensation ranging from Rs.15, 000 to a student who had been killed or disappeared to Rs.500,000 to a politician who had been killed or disappeared.

      The COIs had no option in this matter and had to comply with the directive and they added a note in their Reports indicating their disapproval with the grading of the disappeared persons and the amounts to be paid as compensation. helpless spectators of these persons who are now in high positions despite their misdoings.

      The President called for a special report from the Central Zone COI on the killing of a candidate contesting a leading politician on the request by the influential wife of the deceased. In compliance
      with this request, the Commission did a thorough investigation and submitted a special report. The passports of the security officers of this politician,who were complicit in the killing, were impounded.
      Yet no action was taken against this politician despite having enough evidence of his involvement in the killing. Subsequently, the wife of the deceased, who had complained to the COI and caused a special report to be submitted, was made a Minister following which the Special Report was swept under the carpet.

      The COIs drew the attention of the government to the information on the existence of about ten mass graves and several torture chambers in various parts of the country. It was recommended that these be investigated into, yet, successive governments did not take any action with regard to this recommendation even though the location of these places and the names of the persons who were responsible for them were
      made available in the statements of the relevant witnesses who gave evidence before the COIs.

      Interim Report VII of the Central Zone COI refers to an officer in charge of a police station in the North Western Province who was alleged to have threatened a complainant and his family for having given evidence against him before the COI. This matter was brought to the notice of the President with a recommendation that this officer be
      interdicted forthwith and disciplinary action taken against him. But this recommendation was ignored. Subsequently, this police officer was promoted to the level of an Assistant Superintendent of Police, despite
      this case and his involvement in several disappearances in the area where he served.

      No disciplinary action against errant police officers

      Though it was recommended that disciplinary action be taken against all police officers who were found by the Commissions to have violated
      departmental rules and procedures, no such action had been taken against any of them. Given below are some instances of such violations found by the COIs –

      • In spite of a circular by the IGP directing that all Information Books relating to the period of the COIs should be preserved until the COIs had completed their task, it was found that
      many Officers in Charge (OICs) had destroyed these books.

      • Where complains of disappearances had been accepted by the police, such complaints had been recorded in the Minor Offences Register. This indicates that whoever recorded such a complaint considered the disappearance of a person to be a ‘minor offence.’ Yet no action has been taken against the officers concerned for
      this serious lapse.

      • There were instances where the list of detainees at a police station on a given day, did not contain the names of some individuals
      who had in fact been detained as was evident from such names appearing in Diet Register for that particular day which was maintained by another officer. This non-entering of the name of the persons in the detainees register is indicative of the intention of the OIC of that
      station. Many such persons had disappeared. Yet. no action had been taken against such police officers.

      • There had been evidence of female complainants having been raped by police officers either at the police station when they
      came to make complaints or at other places during search operations. No action had been taken against any such officer even though evidence of such instances had been recorded.

      Miscellaneous

      The copies of the Reports of the COIs that were printed and made public by the Presidential Secretariat do not contain all the contents of the reports that were handed to the President. While sections of the Reports had been omitted in some reports, parts of the reports
      in others had been completely left out. Thereby, some important information which the original reports contained had not been made public.

      The mandate of the All Island Commission on Disappearances was identical to those of the Zonal Commissions except that it was authorized only to inquire into the 10,136 complaints that had
      been received by the Zonal Commissions and left un-inquired. In other words it was precluded from inquiring into any new complaints. Yet while the Commission was functioning, it received 12,000 new complaints of disappearances which it was not authorized to inquire into. These complaints have been listed and included in the Report of the COI with a recommendation that the President should take action to inquire into them at a future date.

      At the time the All Island Commission was appointed in 1998, Jaffna had been regained from the LTTE and had come under government control. About 600 of the new complaints received by this Commission were in respect of disappearances from the Jaffna District which occurred following the takeover of Jaffna by the government. The Citizens Committee of Batticaloa handed a list of 7,000 disappearances
      with a note that these were not filed before the COIs appointed in 1994 as the persons who were alleged to be responsible for the incidents were still in service at the respective stations in the East. So the complainants were afraid to complain against them at that time.

      Of the 600 alleged to have disappeared from Jaffna, 341 complaints had been filed at the National Human Rights Commission. This Commission
      appointed a Committee to which it delegated its powers to inquire into these 341 complaints. The Report of this Committee states that in an overwhelming number of those cases, there was clear evidence that the army in Jaffna had taken the persons concerned into custody and that there is no evidence whatsoever as to what happened to them thereafter.
      The National Human Rights Commission launched on a project to process the 12,000 complaints left un-inquired by the All Island Commission
      and to compile a computerized data base of all the information on the disappearances that had been inquired into up to that date by the COIs.
      Unfortunately, this project was aborted with the change of government and the new set of members taking over the Human Rights Commission by-passing the provisions of the 17th Amendment to the Constitution.

      As stated earlier in this document, the role of the Attorney-General in prosecuting disappearances cases was discussed by the COIs in their reports and they have recommended the appointment of an Independent Public Prosecutor with constitutional safeguards. This was cited by the International Independent Group of Eminent Persons, who, too contended that the Attorney General was not an independent person and should not lead evidence at the COI appointed in 2007 to inquire into serious
      human rights violations.

      Conclusion

      Successive governments continued to ignore the recommendations of the Commissions with regard to the perpetrators and the steps that need to be taken to prevent the re-occurence of such incidents in the future. This promoted the culture of impunity which pervades the police and security forces personnel. It has been said in a lighter vein that the COIs have helped the successive governments identify those in the police and army who could be used to cause disappearances effectively. By this time, causing the disappearance of a person had become a useful weapon in the hands of whichever government that came to power. Even the current incidents of disappearances could be perpetrated by such persons who have by now become adept in the technique.

      The three major parties in Sri Lanka — the UNP, the SLFP and the JVP are not interested in dealing with perpetrators of disappearances. They have not pressed for the implementation of the recommendations of the
      COIs in this regard perhaps because, at some time or the other, each of these parties had used this weapon on those who had become thorns on their backs. In these circumstances, the victims of disappearances who are waiting for justice have no hope whatsoever of getting justice in the near future.

      M.C.M. Iqbal is a retired senior civil servant of Sri Lanka who had been Secretary to several Presidential Commissions of Inquiry, two of which had been on disappearances of persons. Later he was a Consultant
      at the National Human Rights Commission of Sri Lanka.

      • 3
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        Thanks, NV.

        • 3
          2

          Agnos

          For more details about the three Zonal Commissions please refer to Kishali Pinto Jayawardana’s book on Commissions:

          STILL SEEKING JUSTICE IN SRI LANKA
          RULE OF LAW, THE CRIMINAL JUSTICE SYSTEM
          AND COMMISSIONS OF INQUIRY SINCE 1977
          KISHALI PINTO-JAYAWARDENA
          JANUARY 2010

          http://humanitariansrilanka.org/
          newchapdf/IHR/Sri%20Lanka_
          final_3.pdf

          Law & Society Trust has published several books on law, human rights, …..etc.

          Contact:

          No. 3 Kynsey Terrace
          Colombo 08, Western, Sri Lanka, 00800
          Email Addresses
          lstadmin@sltnet.l

      • 2
        1

        Thanks Native Vedda.
        I met MCM Iqbal few times. Very nice man.

        • 2
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          Anpu

          “I met MCM Iqbal few times. Very nice man.”

          Youst be a lucky person.

          I have heard a lot about him.

      • 0
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        Native, no offense meant but you are so much more effective when you write them short.

        I believe you have included much good sense but who will read them?

        If a readers’ comment is longer than the article, the editor must be sleeping!

        • 2
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          Gramberg

          Thanks for your comment.

          Please note my long comments are not mine, they are copy paste articles to enlighten the most ignorant hypocrites.

  • 8
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    Dr Zero
    Political artist

    • 8
      2

      Anpu

      “Dr Zero Political artist”

      Did you say political con artist?

      • 5
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        Thank you Native Vedda for the correction.

  • 2
    0

    “It was during the administration of Mrs. Bandaranaike, of which Dr. Jayawickrema was a flamboyantly energetic apparatchik that Sri Lanka (still Ceylon at the time) saw bodies of young men and women, burnt on tyres; floating down rivers with hands tied behind their backs.”

    I remember hearing of bodies floating in some rivers. But ‘tyre pyres’?
    I re-read the poem by Halpe, but no hint of tyres. I could not lay may hands on the work by Sarachchandra.
    Tyres were in such short supply then unlike in 1988-89 when Premadasa was in charge, when ‘tyre necklaces’ were much affordable. I also heard of the score and bodies floating in the Kelani for days on end.

    “Indeed the Communist Party of Sri Lanka split and its two most respected leaders, Dr. SA Wickemasinghe and Sarath Muttetuwegama left the Government precisely in protest at the passage of the Criminal Justice Commission (CJC) Act”
    I agree that both SAW and SM were far more honourable than their CP colleagues in parliament.
    But the following text gives a fuller story:
    Dr S A Wickremasinghe (Akuressa) Sarath Muttetuwagama (Kalawana) Aelian Nanayakara (Kamburupitya and M G Mendis (Agama), the four Communist Party Members of Parliament, voted against the Criminal Justice Commission Bill. Therefore, they were expelled from the United Front Coalition, while the Communist Party Member B Y Tudawe (Matara), the Deputy Minister of Education, voted with the government and retained his position. At the same time, Peter Keuneman (Colombo Central) one of the leaders of the Communist Party and the Minister of Housing and Construction, was away from the island when the voting took place and on his return he continued to hold his portfolio. In December 1972 the Communist Party was readmitted in the United Front Coalition until February 1977, when they finally resigned from the government. (http://www.lankalibrary.com/pol/jvp1971.htm)

    The split of 1972 was storm in a tea cup. Where were they when the ideological dispute in the CP was in full swing in 1963-64? None of these gentlemen could even guess where their chosen parliamentary path would lead them.

    • 3
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      During the first JVP insurrection,in the Kuliyapitiya area, those arrested including Buddhist monks were lined up in front of a pit with burning types and shot. The victims fell into the pit yet alive. The ASP in charge left the police service soon after, as he was traumatized by what happened in his watch. I was told of this incident by the officer.

      Dr.Rajasingham Narendran

    • 3
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      Dr RN
      Thanks.
      I did not rule anything out. What the forces did was terrible.
      But one of the two sources referred to by DJ said nothing of tyre pyres. The other I could not access.
      Without proper and timely documentation it is hard to tell between gossip and fact. It will be good if you can check with the officer if he had recorded the event anywhere.

      • 0
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        I last met him in 1980. The last I heard is that he is in Australia after a long stint in Oman as a senior police officer. It is unlikely he wrote of this incident anywhere .

        Dr.RN

      • 0
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        Pity that his testimony was not recorded, to be confirmed or even contested.

        • 2
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          Dr.Rajasingham Narendran, sekara

          A short film soon to be released deals with the story of Palutawa village and the massacre of 22 young men by the police.

          The women who lost their young kith and kin tell the story of the massacre and how they live the memories of the night of horror.

          I have witnessed many tyre-pyres in villages and road sides.

          This type of mass killing first started when the weeping widow was running down this island.

  • 3
    5

    Dayan mate,

    On behalf of the Aunt Ratwatta, and Uncle Junius and not forgetting his predecessor Dalit Preme, Batalanda Ranil paid compensation to Mr Anura Kumara, for all “inhumanity “which were inflicted on the JVP,

    Although Batalanada didn’t issue an apology, written or verbal , the compensation package probably included something for feeding Kumalabandu’s flesh to Keeramin.

  • 0
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    [Edited out]

  • 5
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    I was surprised at your silence all this time. I thought you had got an Ambassador’s job under the present Government. Looks like you have failed, so we have to start reading your garbage!!

  • 2
    4

    Dear Dayan,

    Sorry mate, I got a bit distracted from the main game.

    Batalanda Ranil and our gay FM want Hybrid Courts ASAP and even before the end of Monsoon, unless they have got an extension from you know who.

    But the trajectory of Bodhi Sira and his Srilanka party are not giving any signals that the Hybrids will be possible, even next year or year after or even beyond, until the next election.

    Unless Yahapalana Gods intervene ,

    Bodhi Sira was hired to get our great majority to keep quiet.. Right,

    That is, when our gay FM welcome them at the BIA and bring them to meet Bodhi Sira and Batalanda Ranil.

    But can Sira do it?.

    I heard that only 12 loyalists came to listen to Dummy, who is supposed to be Sira’s Party’s big ass Secretary.

    Even those 12 turned up because they were his old man’s friends.

    Jayalalitha may easy off now that she has got the gig again.

    When is Truedo going for Elections?

    Who is Jerome?…

    • 5
      3

      KASmaalam KA Sumanasekera

      “Jayalalitha may easy off now that she has got the gig again.”

      Whether she got a gig or not, she had to taw the Hindian’s line.

      Why do you brink her name into your ranting.

      Why are you typing out news headlines?

  • 6
    2

    From the first paragraph, the racist Dayan is trying to imply the Sri Lankan military must be protected from the crimes it committed against the Tamil people! He is against the full implementation of the UN Resolution!! He wants to give the Tamils the Sinhalese racist justice the way he wants it!!!

  • 5
    2

    “there do not need to be any after our Just War of self-defense and reunification (2007-2009)”.

    So according to our great Dayan Jayathilleka killing hundreds of thousands of innocent Tamil Civilians do not need to be investigated. But the killing of JVP who were Sinhala deserved to be investigated. Or defying logic, because we failed to investigate the brutal killing of Sinhala JVP youth we are justified in not investigating the brutal killing of Tamils.

    DJ, your unfettered racism is not something that your late father who you speak about so lovingly would be proud about. Your removal from your cushy job in Geneva was a good thing. You represented only the interest of the Sinhala citizens of Sri Lanka.

    • 2
      1

      We could add so much how hehas to work today, but the bugger will never change. He is unique to his nature. He sits with dogs, he betrays edcuated communities. He even goes that far to anything and everything to go against CBK and RW. All these are just personal agendas. But to this day, I believe he has even lost Sajith. Always made every effort to make apart UNP in their bad days, now having seen nothing would work to his prayers, he is just isolated. Sad truth is not many would see the manner DJ gets on with lanken politics are natural. God bless mother land.

    • 3
      2

      BBS Rep states: “….So according to our great Dayan Jayathilleka killing hundreds of thousands of innocent Tamil Civilians do not need to be investigated.”

      Here we go again with concocted figures of “..hundreds of thousands of innocent Tamil civilians” being killed – figures pulled out of nowhere when the UN Country Report stated it was ~7200 killed.
      Granted it was ~7200 too many, but the “human shield” of hostaged civilians was held by the LTTE High Command and cadres who were responsible for creating it.

      What Dayan points out is the hypocrisy of it all when the US and Allies had no compunction in carpet bombing German cities or in the use of the nuclear option in Hiroshima and Nagasaki.
      Is it all well and good for the UN to go after small nations only???

      Set the example first is what the world asks for!

      • 0
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        I do not go anywhere with concocted figures. The real figures are out there and one does not need to pull it out of nowhere.

        We all know that the UN is a failure. It never stopped wars since its inception – the real purpose of its creation. The UN never stopped genocide or ethnic cleansing. There is no peace anywhere in the world as a result of UN intervention.

        But let us not worry about the UN. Let us worry about our own land. Have we known any peace since we got independence. We can blame the English for all ills only up to when they were in control. But since 1949 we were able to deal with our own affairs and what horrors have we unleashed on ourselves. Every Sri Lankan politician is a hora thakkadiya. Every monk is a rogue or a thug. And all my countrymen in one way or another are racists.

        As for DJ he is the hypocrite. Read what he writes. He tries to project himself as a humanitarian however he can never hide his unfettered racism. If some one needs to set an example, it is DJ.

  • 1
    0

    Just refer to the following statement made by the professional body of lawyers in Sri Lanka on 28th Nov 2015. This simply accepts that the Judiciary in Sri Lanka has failed to uphold the people’s judicial power it exercised purely on trust

    ‘… It is unfortunate that the existing judicial and prosecutorial sustems have not met the confidence of many concerned. It is an undeniable fact that over a period of time the independence and credibility of many of these institutions have suffered due to many reasons, resulting in an erosion of confidence in the system as a whole…’

    Now see the statement (paragraph 6) made by Human Rights Commission of the United Nations on 01st Oct 2015 on the state of Judiciary of Sri Lanka.

    ‘… Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; 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 authorised prosecutors and investigators…’

    Now the readers can decide their own whether the people of Sri Lanka deserve a better justice system or not.

  • 1
    7

    Tamil cannot ever run a country of their own. They will always fight each other at their caste level to grab power, and suppress the so called low caste ones.
    They don’t want to be with the Sinhalese because the sinhalese have a proud hisotry but they don’t. But they prefer to be under the Dutch, or the Portuguese, or the British, or Under the Tamil Nadu leaders.
    So Sampanthan and Wigneswaran love to run to India like little children running to the class teacher.
    May be we Muslims can help you to run the North, open up some business, and give your unemployed kids jobs to keep them from blowing up your leaders, even while your “leaders” live in Colombo 7 and argue about the constitution without doing anything.

    But we can help you, and we will treat vellalahs and Fisherman, Tree Climmbers and Drummers and everyone else as equal – no special place or privilege for the upper-caste Native veddahas who like little low caste girls?

    • 2
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      Why you now want to steal the Tamil north just like you have almost stolen the Tamil east with Sinhalese help? We all know what that Shaitan from Mannar was up to around the Wilpattu area. Settling lots of Iblis from the south to create a Salafist heaven in the jungle.
      But the Muslims of Sri Lanka themselves are Tamils by ethnicity. largely descended from low caste Indian Tamil immigrants who converted to Islam. So what can you teach the largely upper and middle caste northern Tamils?

  • 1
    5

    Nihal J todau speaks for the international community of the West. What else can he say with his long international background of do good-er academics i.e. Professor of Human Rights at the University of Saskatchewan, Canada , and Executive Director of Transparency International, an independent legal consultant, and a Coordinator of the UN-sponsored Judicial Integrity Group.

  • 4
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    Dayan says,”It is the Ministry of which Dr. Jayawickrema was Permanent Secretary that drafted that piece of legislation. While this exceptional legislation was directed against the anti-state forces which lost the clash, there were no hybrid courts and foreign judges to ensure the accountability of the state apparatus”

    Until now, I was under the impression that it was the legal draftsman that drafts legislation and not the Ministry of Justice.

    It looks as if I was wrong.

    Yes! We didn’t have neither foreign judges nor hybrid courts for the CJC trials (both criminal and foreign exchange),but why the convicted were released after soon after JR’s election in 1977.

    Did justice prevailed then?

    Foreign judges and hybrid courts would have been a better option!

    Again Dayan says, “Despite a record 12,000 enforced disappearances (1971/1988/89 JVP insurgency?) according to a UN report,

    You quote a UN Report of 1971 of enforced disappearances, but refuses to accept UN Reports of 2009/10 after the genocidal ethnic conflict.

    Why this double standard? One standard for the Sinhalese and another for the discriminated Tamil victims?

    It would have been better if there had been foreign judges to inquire into these 12000 disappearances also!

    Were you happy with the Presidential Commissions that convicted Mrs B, Felix Dias and Dr Nihal Jeyawicrama in 1980 and deprived them of their civil liberty?

    Was it really an independent commission? or a commission appointed by the victors against the defeated to punish the defeated unlawfully!

    In each one of these instances doesn’t at least hindsight teach you that Foreign Judges and Hybrid Courts would have resulted in Justice rather than Kangaroo Courts created by the then governments?

    Your article is basically a classic justification to have foreign judges and hybrid courts to ensure justice done to the victims of the 2009 massacre!

  • 2
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    How ironic! The master hypocrite pontificating about ‘hypocrisy’!

    Give us a break, you egomaniac!

  • 0
    4

    Omalpe Sobitha issues a Fatwa on Vellala Wigneswaran.

    The monk says Vellala CM is the biggest terrorist at present.

    And no Soldiers will go to jail for ridding the Terrorists from Mahawamsa land..

    Fair enough… I guess

    Omalpe Sobitha is not in the JO..Is that correct Dayan..

    • 4
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      KASmaalam KA Sumanasekera

      “Omalpe Sobitha issues a Fatwa on Vellala Wigneswaran.”

      The saffron clad racist has issued many fatwas in the past. Who cares?

      “The monk says Vellala CM is the biggest terrorist at present.”

      He was trained by RAW initially, then in camps around the world, Syria, Libya, Afghanistan, Palestine, Yemen, Sudan, Iraq, …….. probably a paid assassin of CIA, Mossad, FSB, BOSS, MSS, MOIS, SAVAK,….. MI6, … .

      Keep an eye on him.

  • 5
    2

    I didn’t read the article, so I might be off the mark here, but i can guess what this is about.

    If you’re above the age of 40, you have no right to talk about the rights and wrongs of this country’s politics and justice system. Your generations are the ones that stood by silently while both went to the dogs under both parties. You don’t get to whine about the hypocrisy of hybrid courts if the very reason our joke of a justice system isn’t trusted by anyone within or outside the country is because you people stood by like sheep and voted based on who could sling mud on an election stage the best, who was related to whom etc etc. Getting sick of people who took the country to where it is now trying to be all concerned about international interventions.

  • 3
    2

    Hang the hybrid courts people dont worry as we have in our midst the great legal minds like K A Sumanasekera ably assisted by his juniors Dayan J ,Rajiva W and Jimbo Bimbo to carry his files to court and defend the MR regime

    3 cheers to our great legal hero K A Sumanasekera hip hip hooray hip hi hooray!

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