22 September, 2020

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The Real Hulftsdorf Coup Which Heralds The Jungle

By Tisaranee Gunasekara

“Find out what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them….” Fredrick Douglass (Speech on 3.8.1857 – The Fredrick Douglass Papers)

The real ‘Hulftsdorf Coup’, plotted and unleashed by the Rajapaksa Brothers, is nearing its appointed end.

The parliament will ‘debate’ the PSC Report on the 10th and the 11th (once again Ranil Wickremesinghe provided the Rajapaksas with a desperately needed fig-leaf by opting to participate in this charade). The UPFA majority will vote to impeach the Chief Justice on 11th evening. The President will ‘sack’ the CJ and appoint a ‘new CJ’ (or an ‘Acting CJ’) over the weekend.

Since the CJ cannot accede to her dismissal without violating the Supreme Court and Appeal Courtrulings, she will have to continue with her duties on Monday. The violent phase of the Rajapaksas’ Hulftsdorf Coup’ will commence then: “According to reliable sources, the Chief Justice is planning with a coterie of so called supporters to storm Hulftsdorf and remain in the premises, even if she is impeached. This is similar to the drama in which another person in uniform turned politician refused to budge from a city hotel until this person was forced out. If this kind of drama is enacted, the people will have a proper answer with broomsticks this time, an observant wag said” (Daily News – 9.1.2013).

The Rajapaksa plan is clear. The armed might of the state (augmented perhaps with UPFA henchpersons) will be used to prevent the CJ form entering her office; or to evict her from it, if she does manage to get in. Rajapaksa foot-soldiers, masquerading as Golden Key depositors, may even try to prevent the CJ from leaving her official residence.

Since the President has reiterated that “There are attempts to topple this government backed by the spirit of separatism and those who supported the LTTE” (Daily Mirror – 9. 1.2013), all those who resist the illegal impeachment could be labelled ‘traitors’ and dealt with accordingly.

Concurrently, efforts will be taken to confer a faux-legality upon these violent and illegal measures. According to Minister Susil Premajayantha, “the Supreme Court interpretation of the impeachment could change in the future” (Sri Lanka Mirror – 9.1.2013). The regime may try to clobber together a five member bench under the aegis of the ‘new chief justice’ to confer a mantle of legality on the PSC and thereby the impeachment. The usual Rajapaksa combination of threats and rewards will be used to cow judges of superior courts into submission.

In a Medamulana-style response to the Appeal Court ruling, President Rajapaksa proclaimed that “all powers regarding leave matters pertaining to Supreme Court judges and their foreign visits etc. and the approval thereof will now by default be vested with him as the Executive” (Daily News – 8.1.2013). The message is simple: the life of disobedient judges will be made extremely uncomfortable and unpleasant. Overt threats of the lethal variety will help create a climate of fear; already two of the Appeal Court judges who ruled on the PSC have reportedly received threatening calls. Those judges willing to play the Rajapaksa-game will be rewarded blatantly, to drive home the message to the recalcitrants. If all else fails, there is always the threat and the reality of impeachment, witch-trial style, to depose those judges who believe in the rule of law and resist the law of the rulers.

From ‘Helping Hambantota’ to Impeachment

The manipulative manner in which the ‘Helping Hambantota’ case was resolved provides a tiny indication of whatSri Lankacan expect from a post-impeachment judiciary.

In September 2005, Chief Justice Sarath N Silva saved Mahinda Rajapaksa’s presidential prospects by ordering a temporarily halt to the ‘Helping Hambantota’ investigation. As a prelude, he arranged the transfer of the Magistrate who had given the CID the go-ahead to investigate the alleged misappropriation of Rs.83 million of tsunami funds by the then Prime Minister.

That fateful decision of the country’s highest court was based not on legal or moral-ethical grounds but on partisan political ones. According former CJ Sarath N Silva, “We did this expecting Mahinda Rajapaksa in turn would safeguard the rights of other people but it is not happening today. There are many complaints that it was I who was responsible to bring Rajapaksa into power. I admit it since Mahinda Rajapaksa was freed to become President because of this decision by the Supreme Court…. President Rajapaksa is now able to carry out wrongful acts because of the order we delivered then” (Daily Mirror – 16.10.2012).

So, according to the Sarath Silva of October 2012, Sarath Silva, the CJ, lied with the intent of deceiving the public, when he “strongly criticised the police for initiating an ‘informal’ investigation based upon newspaper reports” (BBC – 28.9.2005). According to Sarath Silva of October 2012, Sarath Silva, the CJ, acted contrary to law when he ruled that Mahinda Rajapaksa should be paid compensation because the investigation into ‘Helping Hambantota’ violated his fundamental rights. Worse still, by admitting that the ‘Helping Hambantota’ ruling was a partisan decision aimed at saving Mahinda Rajapaksa’s presidential prospects, Mr. Silva has undermined the credibility of the other judges on that SC bench: Justice NE Dissanayake and Justice Shiranee Thilakawardane.

A CJ who is willing to manipulate and violate the law on demand is what the Rajapaksas want. Such a CJ can help construct a judiciary which will accept all Rajapaksa ‘laws’ unquestioningly; a judiciary which will equate fidelity to Rajapaksas with law-abidingness and opposition to Rajapaksas with law-breaking; a judiciary which will believe the absurdist productions of the police (and the AG’s Department) – such as the museum robbery was the work of a single drug addict; an infantalised judiciary which will become a willing tool of Rajapaksa Rule.

Barring a serious threat of a Commonwealth boycott, the impeachment will rampage ahead (the Siblings only pretend to venerate the Mahanayake Theros). Clearly the Rajapaksas think that the sooner they can oust this CJ and replace her with a total stooge, the better it will be for them. In the months ahead, they can conjure a return to normalcy, so that when the time for the Commonwealth Summit arrives, the impeachment is but a distant memory.

But thanks to the valiant resistance of the CJ and the judiciary, that Rajapaksa plan may not work. The Rajapaksas wanted an easy impeachment victory; that has already been denied to them. The Rajapaksas wanted to depict the impeachment as a legal if not legitimate measure; it has already ceased being either legal or legitimate. The Rajapaksas can win the impeachment battle only by using brute force, and thereby exposing some of their abhorrent proclivities and dangerous intents. Next week, the Rajapaksas are likely to declare the impeachment battle won, but that victory will be a pyrrhic one, because of the political damage done to the Siblings and their dynastic project.

The impeachment marks the end of the long moment of Rajapaksa hegemony. The Rajapaksa rule will continue, but devoid of legitimacy and with its democratic façade in tatters.

The road to Nandikdal lies through the jungles of abuse and impunity.

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Latest comments

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    Tisaranee, this is an excellent article. YOu should translate your articles into Sinhala and Tamil and publish in all news papers.
    Thank you for your good work to safeguard Democracy in Sri Lanka.

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      Most of the newspapers are under the constructive control of Hitlerpaksha who is also the head of the judiciary ???

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    All about kukul Silva.

    Sounds a bit sexist.

    How about Chandrika who knowingly let him contest??

    Long live the newly spawned “Sinhala Buddhist Terrorist State of South Asia”

    Don’t be surprised if the commonwealth meet is held at Hambantota because they are all in it.

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      Wuliangguobinjiu:
      While what you say appears a bit “over the top,” it is, unfortunately, the simple reality facing Sri Lanka and its masses of morons that Presidunce Bean periodically points at and one that the rest of us will have to live with.
      The Debacle of Asia!

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        AA”what you say appears a bit “over the top,”

        Nothing goes over my top easily. It’s just reminiscing and understanding the diplomacy of the present west when it comes to commonwealth.
        I knew Vijay when I was 13 and he always made me smile when in response he sang just one line of a song like a Bowie. But like the mother (whom i knew too as neighbours of adjoining Street) when she had him done to come to power I disliked her and of course I was not living there anymore.

        90% certain her majesty won’t come but Prince Harry and that’s the present status at the palace.
        William Hague spoke because of the assassination at Paris and within the hour a case of murder with sticks and knives of one Tamil by another within greater London. This was what the SL government wanted and the British abhor internecine conflict on its land. Nothing more nothing less because they hosted Rajaporkistan for her majesties celebrations against all odds like protest lobbying etc.
        For Britain the commonwealth is more important now with the cold war with the EU getting heated up and the EU for the first time suggesting that the UK would be better off as an associate member with no voting powers.

        Watch the space.

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    Now that the issue has come before the people, everyone knows the true story of ‘helping hambantota’ and the role of the bestman and the groom. Any future CJ implanted of the calibre of SNS would be a mere figure head and not be accepted by the people. The respect for the judiciary and bench will hit the dust.

    No doubt the response of CJ SB to any moves by the govt will be appropriate and in keeping with the dignity of her office. So far she has conducted himself in an impecable manner in the face of abuse and slander by the govt and govt media.

    It will be interesting to see if truth and justice as personified by the legal system can withstand the thuggery unleashed by the executive and parliment. In this instance the people are with the judiciary and the actions of the govt stand exposed. It is unlikely that this crisis will go away even if the govt appoints a new CJ. The arena is set for continuous confrontation with the govt on many issues of corruption etc and this may be just the start of many legal battles to be fought against the corrupt govt.

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    So Ms Thisaranee has high hopes of our Village women armed with with Broomsticks swarming to protect the CJ and punish the Regime.

    Rajapaksa has clearly and convincingly explained to the great majority of inhabitants,that this is not even a battle between the Urbanites and the Villagers.

    It is totally and absolutely a fight between the High Echeleons of the Urbanites against the Villagers.

    Looking at the list of the cheer squad and their credentials , there is no need to explain, but again our poor , the great majority who are not up to speed with the dialect of the Urbanites, especially the top echelons, need a bit of help to understand.

    Do these high Echelons still use Brooms?.

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    “The road to Nandikadal lies through the jungles of abuse and impunity”
    This statement is an absolute insult to the men and women who gave their lives to free Sri Lanka of LTTE terror.

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    Please watch the following Derana interview with Ex.CJ Sarath Silva explain what the true character of President Rajapakse is.

    http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=5582&page=2

    Also you could watch the rest of the clips by clicking on them.

    You will note how ex.CJ.Sarath Silva evaluate President from the video. They are….
    ————————————————————————————————————————-

    1)President will never listen to anybody’s advise and will do whatever he wants to do……either good for the country or not..

    2)Ex.CJ Sarath N Silva say as result of President going ahead with the Hedging deal eventhough he was warned by many about the repucassions, president still went ahead, and as a result CPC now have to pay over US $400 million to the banks.

    3)Sarath N.Silva also said he let out President been impeached from Tsunami fraud case as he tied it up with aid giving direct to Prabhakaran……which was not the truth, but a made up case.

    4)Sarath Silva also say President is a Shrude and a cunning person.
    Also in subsequent video he say President always looking for high status……meaning having some type of inferior complex…..and always looking for attention from others….like those cutouts around Sri Lanka etc…

    5)Also by sending Gen.Sarath Fonseka to Jail…..and bribing opposition MP’s to his side Sarath Silva say how President use who ever he wants at any cost to get his work done and once it’s done how he dumps a person(like sending gen. Fonseka to Prison) which is part of President’s personality…..and game plan.
    Also Sarath Silva say he played by the limits with President, as if he gone to advise president, he could have lost his job.

    There are many other issues Sarath Silve talk about President which will help you and the Friday Forum to learn about President’s behaviour.

    Therefrore Mr.Danapala and Friday Forum, I will assure you that President will not pay any attention to your letter, and therefore you have to come up with an alternative plan as to what action you will take if President does not respond to your letter and goes ahead with kicking CJ out.

    I lay out some suggestions that you may consider implementing and may consider
    ———————————————————————————————————————-
    1) CJ, the Judiciary and the SC should occoupy Supreme court Building, and never allow MARA goons to occoupy it………even if they use strong arm methods.

    2)CJ and the Judiciary with the help of JVP and other SL patriots should defend the Supreme Court Building and even be prepared to fight if MARA is resorted to VIOLENCE.

    3) Should call for both local and international TV crews to video the MARA violance and send them to International and Sri Lankan Diaspora Community.

    4)Similar to Malaysian Tamil Sangam who restricted president Rajapakse from participating for the Muslim Business conference and subsequent harassing of the Sri Lankan Embassy staff in Malaysia……..similarly all Sri Lankan Expatriate community should work on to close down and harass all the MARA goon foreign Sri Lankan Diplomatic Missions…….and never allow MARA or the Govt. Parliament members to come into those countries…..similar to MARA England tours.

    5)Encourage and write to CW to send a group of Judges from Commonwealth countries to hear CJ trial…..or CJ and her lawyers to go to CW and UN (I know it’s expensive, but still worth the trouble to get justice to CJ) Also if you could find funders for the expenses of CW Judges or CJ tour will be helpful.

    6)With personal influence our expatriate community should influence UN to pressure President to stop kicking CJ out until commonwealth Judges hear the case.

    7)If CJ is kicked out and since there is no law in the country……CJ and SC should work on to stop Sri Lanka from participating UN, CW , Non Align and Asian Conferences, and stop CHOGM holding in Sri Lanka and stop giving Business concessions, Tourism and GSP status to Sri Lanka as a punishment.

    8)If GOSL instigate violance against citizen, CJ,SC and the Bar association and the opposition Parties should call for international forces to intervene Sri Lanka to rescue Citizens before making them refugees and from fleeing the country.

    9) Organise country wide strike, work stopage, transport and train sabotage, Power and utility disruptions, hotels, airline and tourism work stoppage,Hospital and school closures, International cargo and tourism travel ban etc…etc…

    11)Also meeting local Diplomatic Community and to educate them on country’s situation……and to treat Sri lankan Govt. as a Pariah State.

    12) Educate UN,CW and international Community with organising seminars and talk at UN, EU and Asian Forums to intervane on behalf of CJ and Judiciary and BAN SRI LANKA GOVERNMENT AS A PARIAH STATE.

    Hope CJ, Judiciary, SC, Bar association and the opposition Parties will consider these suggestions.

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    Rajapakse is planning an “Occupy Hulstdorf” on Monday.

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    For a change, Tisaranee should write on how she sees Sri Lanka in, say 2063, with visions of what state the various institutions, people who run them, families of ordinary people and the general environment would be in.

    Like George Orwell, who wrote “Nineteen Eighty Four” in the 1940’s in England, she might be quoted, generally and specifically in the context of society as the future generations would find it then.

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    Well done Rajapaksha, for getting rid of CJ and SF. Now get rid of the Black Coats that subvert the nation. They need Impalement which is a bit different to Impeachment. All the anti government forces and the Tamil Diaspora and the black Coat Goons who defended the LTTE have joined forces against our government. “The dogs bark but the caravan moves on”!

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    Sri Lanka is one of the countries in the world with highest level of literacy and numeracy, only second to Japan in Asia.
    But they are the biggest fools of the world when you come to politics, either they do not wants to know or they use the very same corruption to make most out. This family ruin the country, their only interest is how to make quick mullions, all development priorities based on the cut they can get from the developers. This bloody Divinaguma if for Basil to make more money through the corrupt deals. They are taking about CJ’s bank accounts has anyone ask about how much wealth this dictator and his family has, how they acquired that wealth.
    When opposition has been bought out there is no threat to this corrupt family, and people are playing blind and deaf accepting everything this corrupt regime do.

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