19 January, 2020

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Torture Victims Plan To Refile Case Against Gota When He Leaves Office

Eleven Sri Lankans who sued Gotabaya Rajapaksa in the United States for damages for torture have made the strategic decision to withdraw their case while Rajapaksa is President to prevent him from asserting immunity from prosecution. This move protects the victims’ right to refile their case after he leaves office.

Gotabaya Rajapaksa

“Gotabaya won’t be President for life and though he may slip through the net now, one day he and those who aided and abetted him, will be held accountable,” said the Executive Director of the International Truth and Justice Project (ITJP), Yasmin Sooka. “The delay means that victims will have to wait even longer for justice. Victims have said that they feel strengthened by the fact that justice will be possible when Gotabaya’s term of office is up one day.”

The ITJP in partnership with the international law firm Hausfeld LLP prepared the civil damages case in the U.S. District Court for the Central District of California in April 2019 initially on behalf of a Tamil torture survivor Roy Samathanam. The complaint was then expanded on 26 June 2019 to add ten more plaintiffs – eight Tamils, two Sinhalese – who were deliberately kept anonymous to secure their safety. The case was filed under the Torture Victim Protection Act, which gives torture victims legal redress in US courts. At the time Rajapaksa was a dual US-Sri Lankan citizen and on US soil when notice was served against him in the parking lot of Trader Joes’ in Glendale, California on 7 April 2019.

“Our clients presented damning evidence that Mr. Rajapaksa was responsible for brutal abuses and he will eventually answer for these crimes under international law,” said human rights lawyer Scott Gilmore at Hausfeld LLP. “Recognizing that Mr. Rajapaksa is now President doesn’t preclude his victims from holding him accountable in the future.”

In the court documents, victims described horrific violations they suffered in police stations and army camps under the control of Rajapaksa. Men and women were branded with hot metal rods, whipped with cables, asphyxiated by plastic bags soaked in petrol put over their heads, and six of them were repeatedly raped and sexually assaulted. One Tamil plaintiff described being sexually enslaved for three years after the end of the civil war in 2009. She and other young Tamil women were kept in an army camp where at night, off-duty soldiers would select which women to take out and rape. They were given birth control to prevent them from becoming pregnant.

The complaint identified various responsible government agencies under the control of Rajapaksa at the time, including military intelligence, the Criminal Investigation Department, the Terrorism Investigation Division, and the Special Intelligence Service. Plaintiffs also named security officials they alleged were directly involved in their torture, some of whom allegedly received instructions directly from Rajapaksa. Several alleged perpetrators of torture were also named in court documents and are still serving in the police and army .

“If there are now reprisals against those connected to this case and their families, it will be crystal clear who is responsible,” warned Sooka, “the international community will be watching”. Shortly after the case was filed in April, lawyers for Samathanam had to file a cease-and-desist notice in court because individuals purporting to represent Rajapaksa directly contacted the victim and threatened him .

“All Sri Lankans owe an enormous debt to the plaintiffs in this case – Roy Samathanam and the ten anonymous men and women – for their tremendous courage in coming forward,” said Michael Hausfeld, Chairman of Hausfeld LLP. “We have the utmost respect for them and hope to be able to achieve justice for them one day in the future”. (ITJP)

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Latest comments

  • 32
    12

    Too late, they must file in ICC,
    American citizen have become President, dumb people gave the vote without looking at the citizenship issue.All the independent commissions gone, Police, cid running away from the country, Swiss embassy rejecting visa from Sri Lankens, even EU might follow suit, with sanctions reimposed.Where are we heading?
    Another Myanmar-basket case of a country , where the monks are pimping children young as 6 to pedos.

    • 21
      6

      ‘JUSTICE DELAYED IS JUSTICE DENIED’

      Nothing Further to Add.

    • 12
      4

      They can share the cost with new victims (post 2019). Sri Lanka is doomed!

      The majority (and the minorities) can be easily fooled by racism. They forget everything when dazzled by racism.

      Fascinhala majority will learn their lesson. Fascist + Sinhala.

    • 1
      0

      I will join them. no doubt ballige puthas should be made accoutable for all the mess in this country. People are made to believe whatever they have been doing tobe seen as right.

  • 24
    2

    by that time he will be dead .
    I’m sure he will go for second term as well.
    now he is 70 and when he finished his second term he will be 80 years old man and
    In Sri Lanka people rarley servive after 80 or 85.
    next plan will be to promote his son or relatives

    • 19
      4

      We have more than enough fools to select his son.

      • 14
        4

        To your point, our country will be cursed with one Rajapaksa after another taking over as dictator of this country. They will try to amend the Constitution, kick out High Court Justices, and try to make sure their hand picked servants do their bidding, to ensure the dynasty is permanent. One has only to look back at their past history to realize what their evil hearts are capable of.
        They have fooled their supporters.

  • 15
    4

    An excellent move in the apprehending of one who whilst sitting on the seat of power deliberately and maliciously with glee was totally responsible to the death of the surrendering whit flag carry on after many days of discussion and whilst in the process of implementation ordered for the demise of those who assumed and thought that an act of surrender was better than fighting to the last man.
    Then what was the taking of the lives of the innocent civilians, who for no fault of their faults became the cannon fodder?
    Both fractions to the battle used them as insurance policies to get the better of each other.
    Then the government who supposedly by using unconventional illicit illegal killed maimed looted raped and plundered the meager assets or the little belongings of the helpless Tamil’s.
    The present uncouth president, who by holding out false promises and by intimidating by fear psychosis managed to grab power also stole all the currency and the ever-rising in monetary value gold and took them to their places of hoarding and safety.
    He was aided and abetted by the same sex starving nothing but rotten frustrated scantily yellow loincloth clad Buddhist monks who cajoled and frightened the rest of their brood along with the silly stupid Catholics who blindly followed the orders of the gyrating with the war criminal family who normally stink to high heaven.
    Will the poor poverty-stricken helpless members of the minority Tamil clan ever be able to set eyes and be able to live with these much-appreciating assets. ?
    these undesirable un savoury two legged better dead than alive maggots should be taken to the Hague and after they receive the correct guilty verdict should be made to live in comfort behind bars till they sing a baila or two with the ever-powerful devil, their only friend.

  • 16
    4

    Dear Torture Victims,

    By the time the Hon. President Nandasena Gotabaya Rajapaksa leaves office, he would have added more torture victims to the current list of victims. The first to be added news was a visa officer of the Swiss Embassy. More to come.

    Hopefully, there will be Justice for the formers torture victims and the new torture victims, including those killed and disappeared.

    Fortunately, Nandasena will die sooner or later from old age, thanks to evolution.

    In the meantime, he got elected, thanks to the Executive presidency of J R Jayawardana, which the parliament refused to abolish with 20A, a curse of the land.

  • 22
    7

    Looks like Sri Lanka has voted for an accused murderer, crook, and shady character, who snaps his fingers and makes charges against him vanish. They also voted for someone who may be an American citizen, and whose family has settled over there.
    The man who may be in league with those inflicting pain on the minorities.
    But don’t worry people, the streets will be clean again. Occasionally they will be dirtied by white vans.

  • 19
    6

    I don’t think His Excellunacy President Gotler and other RajaMafia’s will leave the office until Karma kicks in. Be that as it may, one should expect a “Royal Proclamation” (formerly Gazette Notification) as follows: “By virtue of dictatorial powers vested on me by the people of Sorry Lanka, I hereby proclaim that Sorry Lanka will henceforth be known as “The Buffoonish Kingdom Of The Rajamafia’s.”

  • 16
    31

    In Sinhala there is a saying ‘Kanna deepu atha hapaa kana ewun’ (Guys who bite the hand of the person who fed them).
    This saying tells the behavior of Demalu and Muslims in this country.
    Native Sinhalayo gave citizenship to slaves brought by colonial parasites from Hindusthan who were abandoned in Sinhale making them Stateless.
    Native Sinhalayo saved Muslims from Portuguese slaughterers, allowed them to marry Sinhala women and convert them to Islam.
    Both these groups produced terrorists who slaughtered tens and thousands of Sinhala men, women, children and babies.

    • 17
      7

      Eagle Eye, the so called Sinhala race you mention as having pure blood is aint so pure. Loads of you are a bunch of mud bloods. Your DNA can be proven to have links and matches to humans in places like Odissa and Bihar. Even the Sinhala Language is borrowed from Sanskrit and Pali.

      The Nazi’s thought the same and every now and then those who thought they slipped through the net end up be punished for what they did even after these many decades.

      Instead of saying the minorities bit the hand that fed them, reflect on the fact that, had the so called majority treated the minorities as equal instead of trying to assert their supremacy on them imagine where we would be as a nation.

      Lastly, remember Karma is Bitch and has an Uncanny way of biting hard when you least expect it.

    • 18
      5

      Eagle Eye, man you are dumb as dumb can be. Idiot when were the Tamils brought to this country? Tamils have been in this country for over 3000 years and did we have colonizers back then? Tamils and Sinhalese invaded this nation thousands of years ago, snatched the land from the Natives and idiots are busy fighting with each other to see who came first. Man go and see a shrink to see whether you really have a brain!!!

      • 5
        6

        Tamil from the North,
        There are no Tamils in Sinhale. We have a group called ‘Demalu’ who are a mixture of Dravidians brought to Sinhale by colonial parasites from Hindusthan to work as coolies.
        —-
        “Tamils have been in this country for over 3000 years”
        May be according to ‘Demalawamsam’ written by Chelvanayagam. Archeologists who study ‘Pre-History’ have not found any evidence to support such a claim.
        Demalu came to Sinhale as invaders from 3rd Century BC. Native Sinhalayo chased them away.

        • 4
          1

          It looks to me like the best part of you ran down the crack of your mama’s ass and ended up as a brown stain on the mattress you racist!

        • 3
          1

          Eagle Eye the Blind mutt, this goes to show that you never went to school. Dumb arse, so the coolies who came to Sri Lanka thousands of years ruled this country? Oh by the way, I understand that you are no Eagle eyed man, you are a Blind Mutt who happens to be completely stupid and blind. Its ok, take it easy. We won’t laugh at you.

          Native Sinhalayo chased them away? Then how come you have Tamils in Lanka today?

        • 0
          0

          what do you call the woman you married and had children And who has been supporting you with her earnings. You arse sucking old fart.

        • 1
          1

          Eagle shit,
          who are the native sinhale? they are descendants of illegal lion king and his sister along with the soldiers who illegally landed in SL. First get your history right , not from your shit mahavamsa. Can you give me one internationally recognised institution/journal citing your mahavamsa crap in their reference list? I have first knowledge of your archeologists planting rotten artefacts from other places and claim they were at the new sites (eg. in kantharodai by your paranavitharane, are you aware of this?). Stop your bullshit of Demalu bashing.

      • 2
        2

        Tamil from the north
        Look at dutch maps of the northern part of the island, there is no villages or any type of settlement that were under tamils until, they started bringing them here en masse to create a proxy, which the brits did as well.

        • 2
          1

          @Jayasuriya – I have never known anyone who is so threatened by a small population. Grow up and develop some intelligence. When did the Dutch come to this island when did the Tamils come to this island? You insecure cowards need to get a life.

    • 9
      0

      Why are racists so dumb?

    • 8
      2

      Eagle Eye, you are so stupid do you realize few of the cases that were filed were by Sinhalese? Eagle Eye is a dumbo!!! Change your name to Blind nut!

    • 5
      3

      Eagle, you are the real worst racist shit that I have seen here. Before your lion king and his sister illegally landed in this country of stupid low IQ sinhala-buddhists, the Tamils were here. Forget about your mahavamsa crap history this crap will tell you a distorted history. This crap was written by a slaughter house monk from Burma. For your information what these Burmese monks are doing in that country to the muslims is not very different from what is going here in lost paradise for the Tamils and Muslims. Stop your bullshit of Tamil-Muslim bashing without context. What is your crap comment has to do with the torture victims. You are trying to distract the real issue.

    • 0
      0

      The words ignorant and uneducated comes to mind here.

      More like cross eyed.

  • 16
    4

    If one can prove the renounciation of Mr. Gotabaya Rajapakse’s American citizenship has still not completed, then he will have to step down and this will not give him any immunity.

    • 1
      6

      Says who? The constitution only says an incumbent president is free from prosecutions already made continuing and also no new prosecutions while in office. Alas, it also includes prosecutions relating to the very eligibilities and procedures by which he was elected.

  • 3
    0

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  • 7
    3

    Gota is going to hold a General Election soon.
    SLPP will sweep through.
    Gota will pass a through the Parliament that he is rebirth of Buddha.
    He will be worshiped for ever thereafter

  • 6
    11

    Becasue of the experience Sri lankan fought the EELam war successfully. But, Sri lanka did not have any preparation for the post war repercussions. Just bring retroactive Legislation all these Melodrama. the reason is War time needed some drastic actions. One other things arrest all those Journalist saints and question them.
    Sri lanka is a strange country in where International community embassies behave like sleeping Terrorist cells, their attacks are unique and premeditated.

  • 4
    11

    Are the “torture allegations” similar to the swiss embassy worker’s allegations?
    Haaaaaaaaaaaah!!!!!
    Haaaaaaaaaaaaaaaaaaaaaaaahhhhhhhhhhh!
    Haaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaahhhhhhhhhhhhh!

    • 3
      2

      Vis8 – ASS….! Did Namal Rajafucksha tickle your balls?

  • 0
    14

    sinhale modeyas and Tamil idiots we muslims will govern s.l. much sooner than later. our allaha is great.we will also govern the whole world with allahas help and then there would be justice and peace for the mankind.allha hu akhbar

    • 1
      0

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

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    • 3
      1

      muslim man – Why don’t you call yourself an “uncircumcised Muslim man”. Dumbo!

    • 3
      1

      Funny you. making it so obvious. You are no ‘Muslim man’, but rather a ‘bluffing buffoon’ with intent to cause mischief. You don’t even have the courage and capacity to even spell the name of their God correctly. Like it or not, Islam will continue to spread throughout the world, while you can hang onto your shrinking mumbo jumbo.

    • 3
      0

      This so called Muslim man’s stupid effort to write like a Muslim has backfired very badly. Looks like the Muslim Man needs many lessons in reading and comprehension.

  • 3
    9

    Are the “torture allegations” similar to the swiss embassy worker’s allegations?
    Haaaaaaaaaaaah!!!!!
    What jokers!

  • 3
    5

    Well, good luck with that.

  • 7
    14

    Wonder what happened to the victims of Guantanamo Bay? How much money did they receive? And were the perpetrators behind that brought to justice? Or is that a legitimatized form of torture according to Yasmine Yuca?

    Was Yasmin Yuca born at that time?

    • 7
      5

      Retarded ………….. Shameless

      “Wonder what happened to the victims of Guantanamo Bay?”

      The have been waiting for a Lanky Rambo to rescue them from American illegal detentions. Would you be kind enough to recruit some Walter Mitty Characters possibly the single handed generals to go to Cuba and spring them from those evil camps?

  • 11
    2

    What is the fate of the swiss emb staff?
    She is well aware of ground reality,but as a responsibility employee she let the embassy knows.
    But embassy dosent realized these are full of thugs and murderears,put her in a awkered Situation.we all knows whats the next saga is.
    Pray for her and her family!

  • 0
    7

    To add
    I dont think its done by Gota,but there are lot of officials wants to score High!thats my beleif

  • 7
    3

    If US Privacy law helped Gotabya in not revealing whether he renounced the Citizenship then EC should have verified how long the citizen process takes in the US. Based on that period and from the date of application and nomination for Presidential election EC should have logically confirmed whether he renounced citizenship when he submitted his nomination Why was it not done by EC? Was the lection FAIR?

  • 7
    8

    Yasmin Zooka is the head of the ITJP. It is a NGO funded by some western countries. Nobody needs to take them seriously at all. They are so biased .

  • 5
    3

    They should sue the Tamil diaspora and the Sri Lankan State, if their real concern is culpability. The war would not have been possible without financing from the diaspora.As for torture, it was facilitated by the Prevention of Terrorism Act (PTA), not Gotabaya. As well as the fact that LTTE did not obey any Geneva Conventions. Whether the central tent of this case has merit is another question, as claims of torture are often exaggerated for personal gain, e.g. asylum, or political purposes.

  • 5
    9

    Dear Victims thanks you for your kind patience..

    The 7 Million of our inhabitants , mainly the inhabitants in the Dalit Category who unanimously voted to get Nandasena as the President , with the main aim of having a decent life for them and their chldren and grand children. I am sure will also join me to extend their good wishes and the blessing to you.. –

    This 7 Million even refused free Sanitary Pads , Free Midday Meals, Free AI Schools and AI Parks besides the previous offer on the table such as Free Wifi, Free Mopads, Free 22 k Bracelets , Free Assembly Jobs, Free Fibro cements and even more access to Samurdhi Doll which were offered to them by the UNP and your mates the TNA too..

    The 7 Million will also whole heartedley thank Miss Sooka too.
    And hopefully Ms Sooka now has at least 5 years to devote her Legal Skills to do Pro Bono work to help the poor and the torture Victims in the outskrts off Jo Berg too.

    • 5
      5

      KASmaalam K.A. Sumanasekera

      What the hell are you typing about?
      By the way recently I read that your mate Bandula Jayasekera has been diagnosed with Myelodyplastic a type of blood cancer. What are you doing to help him?
      Poor man who recently appeal Gota for help.

      Mahinda/Gota could help him and millions of other like Bandula have bone marrow transplant in Singapore each person costing approximately Rs. 30 million.

  • 0
    0

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  • 4
    1

    What a wishful thinking, by the time Gota leaves office those who want to refile cases would have been made history – meaning done & dusted – Gota will be president until he feels this is enough and decides to leave; Pohottuwa is still in its infancy give it a little time, moving forward we can see some Jacky Chan kind of KungFu in the Island.

  • 3
    0

    When He Leaves Office? NASA also plans to have a permanent human settlement on Mars by then. Cars will be powered by cold-fusion devices and a flight from New York to Sydney in 60 minutes.

  • 2
    4

    Don’t you worry Yasmin. There are 6.9M to represent H.E. The President. That 6.9M were tortured by you and your gang of terrorists for 30 years.

  • 5
    2

    No Law and order in SL. No legal action taken whoever it may be. Expectation of Justice is ZERO.

  • 1
    4

    good.
    /
    Bogus victims decided to run away.

    • 1
      1

      s. c. Pasqual

      “Bogus victims decided to run away.”

      How/why did you let them go, did their uncles pay you, your colleagues and the commanding officers a hefty something something?

      Well done.

  • 7
    2

    The Easter Sunday victimes should file case against Sirisena and Ranil – a class action is the way forward

  • 1
    2

    Wimpy Kid

    “The Easter Sunday victimes should file case against Sirisena and Ranil – a class action is the way forward”

    Digampathana bombing on 16 October 2006 at Digampathaha (112 Died)
    Buttala roadside bombings on 16 January 2008 (killed 32),
    Weliveriya bombing on 6 April 2008 (15 Killed)
    Fort Railway station 3 February 2008 (12 Killed)

    From tens of thousands of people killed in 1971, between 1987 and 1991, over 30 years up to 2015, and Thousands of people die in 1958, 1961, 1977, 1983, 2013, 2018, 2019, …………….

    Could you help the relatives of the victims to identify those perpetrators and find them, bring a class action against them.
    Most perpetrators are still alive and in active services, …………..

    • 1
      0

      N Vedda

      Yes all should be penalised,
      including the Tamil diaspora who funded the LTTE
      to commit atrocites that were beyond comprehension.

      Shame on you NV for white washing the yahapalanaya traitors.

      LTTE was nurtured by the TULF and it kicked off by murdering a Tamil civilian
      and then they killed 13 army soldiers.

      After that a riot was ocastrated by JRJ The most powerful president and the darling of the West , He was non other than Ranils uncle who targeted Tamil civilians causing loss to property and life which was the catalist for the escalation of LTTE terrorist activities.

      Ranil and all the remaining members of the UNP JRJ government should be held accountable for this crime against humanity. And spreading racial hatred and injustice.

      White washing Ranil will not solve the problem.

      Getting to gether with the west and just singling out Mr G Rajapaksha is not what the Tamils should do.

      Holding pooja to the West will not help the Tamils especially in view of the new world order.

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