A daunting task for Justice Nawaz

SPECIAL REPORT : Part 353

January 27, 2021

President Gotabaya Rajapaksa shakes hands with Justice Nawaz after appointing him as the President of the Court of Appeal on January 20, 2021 (pic courtesy PMD)

Geneva proposes asset freezes, travel bans ahead of HR sessions

 By Shamindra Ferdinando

An Extraordinary Gazette notification, pertaining to the nomination of Justice Abdul Hameed Dileep Nawaz, as the Chairman of a three-member Commission of Inquiry (CoI), to investigate, inquire into and report, or take required actions, regarding the findings of the former Commissions, or Committees, that investigated human rights violations, serious violations of International Humanitarian Law (IHL) and other such offences, was issued on January 20.

The Extraordinary Gazette notification was issued, close on the heels of a ceremonial sitting of the Supreme Court of Sri Lanka, to welcome Justice Nawaz, Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne. They were among six new Supreme Court justices, named on Dec 1, 2020, in terms of the 20th Amendment to the Constitution, enacted two months before. The other new justices are Janaka de Silva, Achala Wengappuli and Mahinda Samayawardhena.

The new Amendment approved with a two-thirds majority, resulted in the expansion of the Supreme Court bench, from 11 to 17, and the Appeal Court bench, from 12 to 20.

Having won the presidency in Nov 2019, President Gotabaya Rajapaksa promoted Nawaz as the President of the Court of Appeal. The appointment made on January 20, 2021, is President Gotabaya Rajapaksa’s first high profile judicial selection. The appointment didn’t receive the media attention it really deserves.

With the elevation of Nawaz to the Supreme Court, Justice Arjuna Obeysekere received the appointment as the President of the Court of Appeal. The CoI, chaired by Justice Nawaz, includes one-time IGP Chandra Fernando, the incumbent Chairman of the National Police Commission, and retired District Secretary Nimal Abeysiri.

Nawaz is the first sitting judge and the senior-most judicial officer to have been charge-sheeted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), during his time at the Attorney General’s Department, but cleared by courts during the tenure of the previous regime itself. So many actions, initiated by the CIABOC, judicial decisions and proceedings during the previous yahapalana administration, are under a cloud.

 The CoI has been entrusted with the following tasks: (a) Find out whether previous CoIs, and Committees, which have been appointed to investigate into human rights violations, have revealed any human rights violations, serious violations of the international humanitarian law and other such serious offences (b) Identify the findings of the CoIs, and Committees, related to the serious violations of human rights, serious violations of international humanitarian laws and other such offences and whether recommendations have been made on how to deal with the issues at hand (c) The status of the implementation of those recommendations, so far, in terms of the existing law, and what steps need to be taken to implement those recommendations further, in line with the present Government policy and, finally (d) Ascertain whether action is being taken in respect of (b) and (c).

The CoI, headed by Justice Nawaz, is expected to finalize the report, within six months from the date of the appointment.

 

AG on role of judges

 Welcoming the newly appointed Supreme Court Judges on Jan. 20 and Jan 21, Attorney General Dappula de Livera, PC, declared: “The credibility of a judicial system, in a country, is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his/her judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded, according to the law. For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary, and public confidence in the judiciary, is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.”

 The President’s Counsel further said: “The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation. That independence is also necessary from the other branches of government and from private and partisan interest. Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.”

 

Tamil parties seek int’l intervention

 The appointment of the three-member CoI under the leadership of a Supreme Court Judge, should be examined against a section of Parliament demanding international intervention, by way of a new Resolution adopted at the forthcoming 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), scheduled for Feb-March 2021. The Tamil National Alliance (TNA) and two Northern Province, based new political parties – Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Thesiya Kutani (TMTK) have written to 47 members of the UNHRC demanding punitive action against Sri Lanka on the basis that the administration quit the Geneva Resolution 30/1, co-sponsored by the previous yahapalana administration.

The three parties are represented in Parliament by 13 members. At the time Sri Lanka co-sponsored the controversial resolution against itself, in Geneva, the TNA had 16 lawmakers, including two appointed members, with its leader, R. Sampanthan, enjoying the privileged status as the Opposition Leader, though, ironically, the breakaway Joint Opposition (JO) commanded the confidence of well over 50 lawmakers. So that was how democracy was practiced then!

With the obvious blessings of Western powers, the Tamil parties, in a letter to UNHRC members, requested (a) Member States urge, in the new resolution, that other organs of the United Nations, including the UN Security Council, and the UN General Assembly, take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity (b) The President of the UNHRC refers matters on accountability, in Sri Lanka, back to the UN Secretary General, for action, as stated above (c) Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in the country and (d) Without detracting from that which has been stated in Point 1 (above), take steps to establish an evidence-gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM,) in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration.

The TNA-led political grouping, backed by a section of the civil society that also supported a hybrid war crimes investigating mechanism, are backing the latest initiative against Sri Lanka.

The Ontario Centre for Policy Research, Canada and London Initiative, the United Kingdom have, however rebutted anti-Sri Lanka allegations with a timely comprehensive report recently to the UNHRC, especially in response to the growing threat of a new resolution. The lead Researcher and the Chairman of the Committee that prepared the report, Dr. Neville Hewage, and the UK-based practicing lawyer, Jayaraj Palihawadana, should receive public appreciation for countering the Western strategy. Let the public know of such initiatives and exert pressure on political parties to take up the Geneva challenge, together with the government.

Unfortunately, Sri Lanka’s defence in Geneva is likely to suffer in the absence of coordinated action and the failure on the part of those responsible to get their act together to attack the foundation of lies concocted by interested parties, hell-bent on hauling Sri Lanka up before an international war crimes court. With the UNP’s humiliating rejection by the masses, at the last general election, in August 2020, the TNA-led grouping, in spite of differences as regards political strategy, both in and outside Parliament, is confident of its new game plan.

 

The Swiss plot

 The Tamil grouping believes the return of the Rajapaksas is advantageous to their strategy. Sri Lanka would have been in bigger trouble if the Swiss project, meant to ruin Gotabaya Rajapaksa’s presidency, succeeded in Nov 2019. If not for war-time Defence Secretary Gotabaya Rajapaksa’s refusal to allow Switzerland to evacuate Embassy worker Garnier Francis, who claimed that she had been sexually abused by government agents inside a vehicle close to the Swiss Embassy, within days after him being elected the President. Had that diabolical plot clicked with her being evacuated to Switzerland, in a special air ambulance, that had been brought down as part of the plot, the country would have been under heavy pressure now. Thanks to President Gotabaya Rajapaksa taking a tough stand on the matter, the Swiss plot went awry, much to the disappointment of those seeking to undermine the new administration. Investigations exposed those responsible for the diabolical propaganda offensive that had to be inquired into, taking into consideration unsubstantiated allegations directed at the SLPP presidential candidate, Gotabaya Rajapaksa, at a media conference, organized by the then yahapalana minister Dr. Rajitha Senaratne.

 The CoI, headed by Justice Nawaz, will have to examine the overall campaign against Sri Lanka, without restricting its investigation in terms of the mandate received. It would be pertinent to mention Sri Lanka paid a huge price for not properly countering lies propagated by interested parties’ hell-bent on hauling Sri Lanka before hybrid war crimes investigating mechanism. In the wake of Gotabaya Rajapaksa’s emergence as the President, with an overwhelming victory, over his nearest opponent, the same lot wanted Sri Lanka investigated by the international community.

 Sri Lanka has pathetically failed to comprehend the threat, hence the absence of proper defence, in spite of some elected members of Parliament working against the country. The government’s failure has allowed the TNA, that had no qualms in recognizing the LTTE as the sole representative of the Tamil speaking people in late 2001, and having being the mouthpiece of the world’s most ruthless terrorist organisation, to pursue a high profile strategy, detrimental to the country, while enjoying perks and privileges as a recognized political party.

The TNA-led campaign is part of an overall project meant to overwhelm Sri Lanka. The Swiss operation, if succeeded, could have impaired the Office of the President.

 

A wider examination of facts needed

 Let us hope that the Justice Nawaz-led committee would examine all factors, pertaining to the accountability issue, though its primary objective seems simple. Their responsibility in terms of the statement issued by the President’s Office, is to examine the previous CoI and Committees and the implementation of their recommendations. The Lessons Learnt and Reconciliation Commission (LLRC) chaired by the late Attorney General C.R. de Silva, examined the conflict. The LLRC was appointed in response to a study undertaken by UN Secy. General’s so-called Panel of Experts (PoE). The PoE report, released in March 2011, is the basis for all subsequent measures taken by the UN though Sri Lanka simply ignored the threat. In addition to the LLRC, the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances (the report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) examined the conflict. However, Sri Lanka cannot turn a blind eye to the PoE report, and related reports, as they remained the very basis of the Geneva initiatives, though the incumbent government quit the 30/1 resolution. Foreign Minister Dinesh Gunawardena made the announcement on Feb 26, 2020 at the 43rd UNHRC sessions.

The government certainly owed an explanation why the appointment of the CoI to examine previous CoIs and Committees, was delayed till January 20, 2021. The continuing crisis caused by the Covid-19 pandemic shouldn’t be faulted for the government’s failure. For some strange reason, Sri Lanka continues to delay using Lord Naseby’s revelations, based on wartime British High Commission dispatches from Colombo (January-May 2009) as well as revelations made by Wikileaks to counter UN lies. Lord Naseby, in an interview with the writer in Sept 2019, regretted Sri Lanka’s failure to exploit his disclosure, made in Oct 2017. The senior Conservative politician said that he was quite disappointed and surprised by Sri Lanka’s response to information provided by him. The British diplomatic cables obtained by Lord Naseby, following a legal wrangle with his government disputed the PoE’s primary allegation. The information provided by Lord Naseby, when examined together with wartime US Defence attaché Lt. Col. Lawrence Smith’s explosive statement in 2011 (read US official’s defence of Sri Lankan military), exposed the UN lie.

 The primary allegation in PoE on Sri Lanka alleged that at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka by mystery accusers cannot be verified till 2031 due to a strange confidentiality clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this most unusual confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, well over a decade after the PoE report, and seven years after the country ended up in the Geneva agenda.

Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.“

 

Key issues that needed CoI attention

 In the absence of a cohesive strategy to counter UN lies, vested interests, both here and abroad, propagated canards against the country to varying degrees. Let me mention issues that had to be examined in the overall defence strategy: (1) Dismissal of war crimes accusations by Lt. Col. Lawrence Smith in Colombo. The then US official did so at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of the PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US statement along with Lord Naseby’s Oct 2017 disclosure, based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead Norway merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations cleared Sri Lanka of deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives, claimed by UN, and various other interested parties. The UN estimated the figure at 40,000 (March 2011) whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of the UK Parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit the so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on the Mannar graves while Western diplomats played politics, only to be proved utterly wrong. Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Chief Minister Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. Human Rights Commissioner Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” (6) Wigneswaran in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran, now an MP and leader of TMTK, claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court Judge had been timed to attract international attention. Wigneswaran is on record as having said that a US medical team visiting Jaffna, at that time, would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign, and well-funded by the West, to coerce the country to adopt a new Constitution to suit the separatist agenda. Had they succeeded, Sri Lanka’s unitary status could have been done away through constitutional means against the backdrop of eradication of the LTTE’s conventional power.

A deeper scrutiny of ‘intelligence related matters’ needed

SPECIAL REPORT : Part 352

January 20, 2021

Public Security Minister retired Rear Admiral Sarath Weerasekera Monday, 18 at his ministry met Justice Minister Ali Sabry, PC, to discuss ways and means of strengthening law enforcement operations. Public Security Ministry Secretary retired Maj. Gen. Jagath Alwis and IGP Chandana Wickremaratne participated in the discussion.

By Shamindra Ferdinando

Former Senior Deputy Inspector General (SDIG) of Police H.M.G.B. Kotakadeniya, having read our last week’s column, further elaborated on the revelation by retired SDIG Merril Gunaratne pertaining to what he called the unprecedented expansion of the DIG cadre during Dingiri Banda Wijetunga’s tenure as the President (May 1993 to Nov 1994).

Kotakadeniya, one of the most outspoken senior cop, while in service (if one had cared to canvas his opinion) and now in retirement, said Wijetunga’s intervention had been far worse than mentioned and caused the further deterioration of the service. The retired Senior DIG sent us the following statement in the wake of the writer’s comment on Gunaratne’s latest work ‘Perils of a Profession’, titled ‘Perils of a Profession jolts scandal- ridden police’ published in the January 13, 2021 edition of The Island:

“In the chapter, titled ‘Violation of the line of seniority – a major cause for decline,’ it is stated President Wijetunge ordered the DIG cadre to be increased from 19 to 30 and that there was speculation about this increase benefitting an officer who was a favourite of the President. I would like to add two relevant facts regarding this issue.

“Shortly after Wijetunga assumed office as the President, in 1993, he summoned me to the Presidential Secretariat. At that time I was based at Police Headquarters as DIG Headquarters and DIG Administration. My parents and I had the privilege of being acquainted with Wijetunga from my childhood as we were from the same village.

“When I met the President, he told me that the welfare of Police officers hadn’t been given the due importance and, therefore, to redress the situation he had an idea to appoint a DIG to handle welfare work in each DIG Range. He inquired from me whether I would endorse the proposal.

“I reflected for a few seconds and replied that the subject of welfare in each range was being looked after by an Inspector, and therefore the appointment of an officer of a rank of DIG was not quite necessary. The President did not appear to be pleased with my response.

“If few days, after this meeting, with the President, I was transferred as the DIG Logistics on 1.10.1994 and thereafter to Chilaw on 4.10.1994. I felt that the move by the President, to appoint several DIGs’ in charge of ‘welfare’, was meant to fulfill his desire to expand the DIG cadre to allow his favourite officer who was very junior, to also become a DIG.

“The other matter was that the DIG cadre increase was not from 19 to 30, but much above 40 since the officer concerned was at that time 44th in the list of Senior Superintendents. “

Kotakadeniya refrained from mentioning names. The Island inquiries revealed that ironically highly respected Frank Silva had been the IGP at that time and Mahinda Balasuriya the beneficiary.

Kotakadeniya, who had served as Defence Ministry advisor during Mahinda Rajapaksa’s first tenure as the President following the 2005 November Presidential election, was the only retired officer to respond to The Island piece.

Deterioration of the public sector

The deterioration of the police should be addressed at the highest level. Unfortunately, successive governments, in spite of their grandiose plans to restore the dignity of the once proud service caused further deterioration. Political parties cannot absolve themselves of the responsibility for the current predicament.

But at least it is no longer a runaway rogue force, hand in glove with the underworld, due to the current government’s no nonsense line on law enforcers. Yet the current dispensation, too, is still struggling to cope with the situation against continuing revelations on the depth of its rot. The revelation of the clandestine dealings involving the elite Police Narcotics Bureau (PNB) and heroin Mafia sent shock waves through the entire security establishment. Gunaratne, however, hadn’t at least made a reference to the PNB fiasco or the controversial release of Easter Sunday massacre suspect Riyaj Bathiudeen who had been held in CID custody in terms of the Prevention of Terrorism Act (PTA).

Mahinda Balasuriya received the appointment as the IGP in early November 2009 during Mahinda Rajapaksa’s first tenure as the President. Balasuriya resigned in early June 2011 following the killing of a 21-year-old worker, during a protest, by police fire at the Katunayake Export Processing (EPZ).

The government rewarded him with a diplomatic appointment. Balasuriya, perhaps is the only retired IGP to receive an appointment as head of a diplomatic mission in spite of stepping down under controversial circumstances. Balasuriya served as Sri Lanka’s Ambassador in Brazil. With the Parliamentary High Posts Committee, chaired by the Speaker, nothing but a rubber stamp for successive governments to accommodate their favourites, at the taxpayers’ expense, without any difficulty.

Balasuriya received significant media coverage when he was investigated by the Presidential Commission of Inquiry that Inquired into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC). The yahapalana outfit probed why Balasuriya provided armed police security for members of Wimal Weerawansa’s National Freedom Front (NFF), who hadn’t been at least members of Parliament.

The Commission sought clarification on what grounds Balasuriya provided security in the period 2010-2015.

The Commission estimated the exercise could have cost the taxpayer approximately Rs 30 mn.

Gunaratne dealt with officers with political patronage at different levels exploiting the much abused system to secure promotions. In the chapter referred to by Kotakadeniya, Gunaratne depicted an extremely negative picture of the service.

Let me reproduce verbatim the relevant section that referred to the pathetic situation of some influential persons securing key posts and promotions for stooges at the expense of the deserving: “The pattern, so monotonous since 1977, had seriously demoralized the service. Some have been adept not only in the ‘long jump,’ but also in ‘hop, step and jump,’ by obtaining more than one promotion outside the eligible criteria.

Backdoor entry into Parliament

But should we be surprised by irregular police promotions? In a country where defeated candidates can be accommodated in Parliament through the backdoor or ruling party perpetrated Treasury bond scams twice in 2015 and 2016, ‘rape of the seniority line’ as underscored by Gunaratne seemed not so serious an issue. In fact, the rot in the police is just one symptom of the overall deterioration of both public and private sectors.

In spite of the creation of the National Police Commission (NPC) in terms of the 17th Amendment to the Constitution followed by the 19th and the recently introduced 20th, the crisis-ridden department is in bad shape. The PNB’s alleged involvement in drug dealing, Riyaj Bathiudeen’s sudden shock release, alleged attempts to undermine police investigation into Easter Sunday attacks, handling of the probe into negligence on the part of Brandix and government officials in respect of the second Covid-19 eruption highlighted fundamental flaws in law enforcement.

Police continue to play politics and politicians continue to play with the police. Both parties engage in ‘politics’ at the expense of truth and credibility. The Parliament remains indifferent. Yahapalana IGP Pujith Jayasundera, in the wake of the Oct 26, 2018 constitutional crisis caused by the sacking of Wickremesinghe government, immediately switched his allegiance to the Rajapaksas. Jayasundera returned to the fold as President Sirisena’s ambitious project collapsed.

Over the years, politicians have set up systems that took care of problems. Actually, Gunaratne in ‘Dilemma of an Island’ (2001), ‘Cop in the Crossfire’ in 2011 and the latest ‘Perils of a Profession’ launched this January dealt with perhaps some broader issues though a fully-fledged Presidential Commission as suggested by the author is required to reach consensus on genuine remedial measures.

Former Sub Inspector and defeated candidate at the August 2020 general election Palitha Range Bandara recently received the appointment as the General Secretary of the demoralized UNP. Bandara succeeded Akila Viraj Kariyawasam, who was rewarded with the post of Assistant Leader.

Beleaguered UNP leader Wickremesinghe picked Bandara in spite of him being accused often of divided loyalties. But in relation to ‘Perils of a Profession,’ it would be pertinent to mention that Bandara received backdated promotion to the rank of ASP in Dec 2017, courtesy the NPC.

The NPC recommended promotion for cop-turned-politician Bandara to the rank of ASP on the grounds the previous Rajapaksa administration victimized him, politically, though he had left the police long before Rajapaksa came to power in 2005. The NPC made the recommendation to the Law and Order and Southern Development Ministry. The NPC responded to Bandara’s appeal and recommended that MP Bandara be reinstated in the Police Service from 24 August 2000 and promoted to the ASP rank on the 27th of the same month and sent him on retirement. Promoting an SI to the rank of ASP cannot be an issue for those yahapalana grandees who brought back Maj. Gen. Mahesh Senanayake from retirement to name him the Commander of the Army. The National Thowheed Jamaat (NTJ) carried out the Easter Sunday attacks during Senanayake’s tenure as the Army Commander. Instead of accepting responsibility for the failure on the part of the Directorate of Military (DMI) to thwart the NTJ project, Senanayake exploited the police lapses to contest the last presidential election. Senanayake couldn’t poll even 50,000 votes. The results of the Nov 2019 presidential poll placed Senanayake fourth behind JVP leader Anura Kumara Dissanayake.

The yahapalana administration also brought back Rear Admiral Travis Sinniah from retirement to place the Navy under him. However, it is pertinent to mention that Sinniah led some of the most successful operations on the high seas against the LTTE arms smuggling vessels.

Need for clear cut procedures

The government will have to set up specific mechanisms to deal with both law enforcement and military officers claiming political victimization, rightly or wrongly, instead of looking at them through a political lense as has been happening under various governments. Gunaratne mentioned several instances of how retired senior officers brazenly exploited the political setup for their advantage. In the absence of procedures, any wrongdoer can secure benefits at the expense of the truth.

The author dealt with an attempt made by a Colombo-based diplomatic mission to recruit a police intelligence officer in the early 70s. Having named the officer concerned as Ananda Jayasekera, who passed away in 2019, Gunaratne discussed the case that ended up with the then Prime Minister Sirimavo Bandaranaike being alerted to the foreign mission’s bid to run an agent within the State Intelligence setup.

During Mahinda Rajapaksa’s second presidential term, the US Embassy made an abortive bid to recruit Maj. Gen. Prasad Samarasinghe. The offer was made at a party hosted by the then US Defence attaché Lt. Col. Lawrence Smith on January 20, 2011, in honour of a senior officer from the US Pacific Command.

Samarasinghe not only turned down the offer to secure permanent residency in the US for him and his family by betraying the then Defence Secretary Gotabaya Rajapaksa, he promptly brought the US bid to the latter’s notice.

Against the backdrop of foreign powers stepping up their clandestine activities over the years, the circumstances under which Inspector Nishantha Silva of the CID secured political asylum for himself and his entire family a week after the last presidential poll underscored the pivotal importance of the intelligence services keeping a track of developments. Did the State Intelligence Service (SIS) headed by SDIG Nilantha Jayawardena know of the connection between Nishantha Silva and the Swiss Embassy?

Subsequent inquiries revealed a much wider conspiracy involving Swiss Embassy employee Garnier Francis, (former Siriyalatha Perera), the Swiss Embassy and the police officer who prominently figured in the leaked audio tapes of the then UNP State Minister Ranjan Ramanayake. Did SIS at least know the controversial CID investigator’s plan to flee the country in the event of Gotabaya Rajapaksa’s victory at the presidential poll? Did the then Director, CID SSP Shani Abeysekera know of his subordinate’s plan?

If the Swiss government succeeded in evacuating Garnier Francis in an air ambulance amidst accusations that government personnel molested her and threatened her with death, immediately after Inspector Silva fled the country, the issue would have been raised in Geneva at the forthcoming 46th UNHRC sessions as if it was the gospel truth. However, the possibility of the matter still being raised during the Feb-March 2021 sessions cannot be ruled out as the West is quite capable of making an untruth a truth, especially through their ‘independent’ media as happened with Iraq’s weapons of mass destruction or the maligning of Gaddafi just before his ouster and gruesome killing in public.

President Gotabaya Rajapaksa placed the SIS under intelligence veteran Maj. Gen. Suresh Sally. The SIS had never been under a military officer before. The crisis-ridden police are now placed under retired Rear Admiral Sarath Weerasekera as the Minister of Public Security with retired Maj. Gen. Jagath Alwis as the Secretary to that Ministry. The Office of Chief of National Intelligence (CNI), too, has been placed under retired Maj. Gen. Ruwan Kulathunga. In spite of the much tighter hold on the intelligence setup, the government was caught flat-footed when the demolition of the LTTE war memorial on January 8, 2021 in the Jaffna University triggered chaos. The incident placed both Sri Lanka and India in an embarrassing position as the demolition of the memorial took place close on the heels of Indian Foreign Minister Dr. Subrahmanyam Jaishankar’s high profile visit to Colombo.

Although the author made reference to the failure on the part of the police to thwart the Easter Sunday attacks, an issue as important as how the Indian intelligence managed its operations aimed at the NTJ hadn’t received due attention.

Did India alert SIS regarding their NTJ hunt or just provided the finished intelligence product on April 4, 2019, regarding the planned operation? Sri Lanka should be really worried about foreign intelligence services engaged in clandestine activities here, especially against the backdrop of growing US-China rivalry, with the former receiving the backing of India, Japan and Australia.

PLOTE leader Uma Maheswaran killing outside the Maldivian HC in Colombo in July 1989 revealed the possible involvement of the Indian intelligence. The killing took place in the wake of the PLOTE bid to overthrow the then Maldivian President Gayoom at the behest of a Maldivian businessman. The sea borne PLOTE raid went awry even before Indian troops landed there to bring the situation quickly under control.

A deeper scrutiny of ‘developments’ is required as China-US hostilities take a turn for the worse with both seeking to enhance their spheres of influence. The need for the intelligence services to be prepared to face multifarious threats on different levels is of paramount importance. The Easter Sunday carnage is certainly not the first intelligence failure and it wouldn’t be the last.

The assassination of President Ranasinghe Premadasa on May Day 1993 exposed the entire intelligence setup. The infiltration of President Premadasa’s inner circle by the LTTE is perhaps the worst single intelligence failure that proved the importance of the intelligence services being on top of the ‘political game,’ too. For intelligence services, there cannot be a worse period than President Premadasa’s tenure (1989-1993). An ignorant President played pandu with national security leading to the Eelam War II in June 1990 with disastrous consequences. Retired SSP Tassy Seneviratne didn’t mince his words when he appeared before the LLRC. Seneviratne explained how President Premadasa’s interventions caused debilitating losses at the onset of the Eelam War II. The rest is history.

‘Perils of a Profession’ jolts scandal-ridden police

 

SPECIAL REPORT : Part 351

January 13, 2021

By Shamindra Ferdinando

Retired Senior Deputy Inspector General (SDIG) Merril Gunaratne quoted the then Air Force Commander Air Marshal Walter Fernando as having said at a National Security Council (NSC) meeting, chaired by the then President JRJ, in the mid-80s: “It is not a laughing matter for me.” Fernando was responding to the late Lalith Athulathmudali, the then National Security Minister whose comment on an incident in Vavuniya that claimed the lives of several airmen dismayed the Air Marshal. Gunaratne had been there as the top intelligence representative.

Fernando served as the Commander of the Air Force from May 1, 1986, to July 1, 1990. Fernando retired a few weeks after the eruption of Eelam War II. It would be pertinent to mention his only son Squadron Leader A.P.W. Fernando, was among those killed when the LTTE brought down the Chinese-built Y8 flying over the Elephant Pass area, on July 5, 1992.

The revealing anecdote was one among many such disclosures in Gunaratne’s latest book ‘Perils of a Profession’ launched this month. Gunaratne asserted that the Air Force Commander resented the Minister’s comment that apparently belittled the service.

The author of two previous books ‘Dilemma of an Island ‘ and ‘Cop in the Cross Fire,’ released in 2001 and 2011, respectively, the outspoken retired top cop couldn’t have launched his third at a better time than when the Presidential Commission of Inquiry (PcoI), into the 2019 Easter Sunday carnage, is on the verge of concluding its high profile inquiry. Gunaratne certainly didn’t mince his words when he appeared before the PCoI last year.

The question is whether perhaps the worst ever intelligence failure facilitated the coordinated suicide attacks on six targets on the morning of April 21, 2019? Or could it have been thwarted if the Attorney General’s Department acted swiftly, and decisively, when the Terrorist Investigation Division (TID) brought the growing threat, posed by the National Thowheed Jamaat (NTJ) leader Zahran Hashim, to its notice, in July 2017?

 

Kudos from retired Maj. Gen.

In his latest work, Gunaratne, whose illustrious career spanning 35 years included a significant period with the premier intelligence service, dealt with precision the deterioration of the once proud police service. In spite of ‘Perils of a Profession’ being rather short, the revelations, therein, are certainly explosive. There hadn’t been such disclosure in the past, by any other retired law enforcement officer.

Gunaratne’s writing skills received the acclaim of retired Maj. Gen. Lalin Fernando, an admirable writer himself. In a brief commendation of Gunaratne’s third book, Fernando asserted: “No gazetted police officer has shown his ability to write as lucidly on real concerns of the police, from professional competence to welfare of the beat constable.”

Having joined the police, in July 1965, Gunaratne served the department during a turbulent time, before leaving the service, as a Senior DIG. Sri Lanka brought the war to a successful conclusion nine years after the author’s retirement, in 2000.

‘Perils of a Profession’ dealt aggressively with the deterioration of the service, over the years, resulting in an unprecedented crisis. The writer, without hesitation, blamed the politicians and the police for the degeneration of the department to such a pathetic state that today the once proud Police Narcotics Bureau (PNB) is under investigation for dealing in heroin.

Retired Rear Admiral Sarath Weerasekera, now in charge of the police, in his capacity as the Public Security Minister, should peruse ‘Perils of a Profession’ without further delay. There hadn’t been a previous instance of the police coming under a retired military officer, though the last government made a desperate bid to secure the then President Maithripala Sirisena’s consent to Field Marshal Sarath Fonseka as Law and Order Minister. The senior partner of the yahapalana administration wanted Fonseka to replace Sagala Ratnayake, one of the beleaguered UNP leader Ranil Wickremesinghe’s close associates. President Gotabaya Rajapaksa not only brought the police under a retired Rear Admiral, he named retired Gen. Jagath Alwis, his first choice as the Chief of National Intelligence (CNI), as the new Secretary, Ministry of Public Order.

Against that background, another disclosure made by Gunaratne, regarding certain law enforcement officers thwarting Minister Ratnayake’s efforts at reforming the police, should be examined. That particular anecdote revealed how serving officers resented Ratnayake’s bid to secure the retired intelligence officer’s expertise. Perhaps Ratnayake hadn’t been aware of Wickremesinghe’s resentment towards Gunaratne whose controversial assessments on matters of national importance exasperated him.

‘Cop in the Cross Fire’ revealed how Wickremesinghe’s own views on national security matters clashed with those of Gunaratne during the latter’s tenure as an ‘advisor’ – 2002-2004. Gunaratne’s bold assessment, in his capacity as an ‘advisor’ on the rapid increase in the fighting cadre of the Liberation Tigers of Tamil Eelam (LTTE), after the signing of the highly controversial Ceasefire Agreement (CFA), finalized in Feb 2002, without the knowledge of President Kumaratunga, and much of his own government, quite angered the then Premier Wickremesinghe.

 

Athulathmudali’s intervention

Gunaratne questioned security/intelligence strategies that had been in place, or were in the process of development when the NTJ struck in April 2019, in spite of receiving specific information from neighbouring India. The writer dealt expertly with the weakening of the police, including the premier intelligence apparatus over the years under whatever name it was called. In Chapter 7, titled ‘Moving into intelligence from normal police work,’ Gunaratne disclosed how Athulathmudali re-named what was then called Intelligence Services Division (ISD). Whatever, the country’s premier intelligence network was called, a senior policeman had been always at its helm.

In Gunaratne’s assessment, the Special Branch (SB) of the CID and the Military Intelligence (MI) played a relatively lower role when compared with that of the premier apparatus, called the State Intelligence Service (SIS), at the time the NTJ struck. That resulted in the SIS being placed under Maj. Gen. Suresh Sally, formerly of the MI. Interestingly, the then Premier Wickermesinghe found fault with the then Brigadier Sally for the writer’s reportage of the recovery of explosives in the north and the arrest of some suspects in the early 2016. The premier intelligence service had always been under a senior police officer. At the time the NTJ struck, SDIG Nilantha Jayawardena had been at the helm of the SIS. The proceedings undertaken by the Parliamentary Select Committee (PSC) and the on-going PCoI revealed the existence of a special relationship between the then President Maithripala Sirisena and the SIS Chief.

Did the close association between the Commander-in-Chief and his spy chief, too, contribute to the overall deterioration of the security setup? The PSC, in its report tabled in Parliament on Oct 23 found fault with Jayawardena for the pathetic handling of the available Indian intelligence until the NTJ terrorists went on the rampage.

Gunaratne blamed an appointment of a novice as the head of the premier intelligence service, after the 1994 presidential election, for the rapid deterioration of the apparatus. Although, the author refrained from naming the officer, the recipient of the coveted post of Director, SIS, was the late retired Senior Superintendent of Police T.V. Sumanasekera.

Nilantha Jayawardena, who is now literally on the mat for the Easter Sunday intelligence failure, too, had served  the SIS even then. Gunaratne’s reference to SIS having wiretapping apparatus is certainly not necessary as the premier intelligence outfit couldn’t perform its legitimate duties without that particular capacity.

The deterioration of politics can be certainly compared with the current political setup. Having read, utterly contemptuous account of the top political leadership and members of the Parliament, the police and the Parliament seemed to be in the same predicament.

 

UNP faulted

According to Gunaratne, the rot had set in the wake of the UNP landslide, in 1977. The author compared his experience as SSP, Kelaniya and SSP Kurunegala during the period 1977-1978 and how some of those who were represented in parliament violated the laws of the land, misused police and political interference made at the highest levels. Among those miscreants who had been named by the retired cop was the late Minister Cyril Mathew. Gunaratne explained how the UNP cleverly used and abused the police in its diabolical project. An influential section of the police, for obvious reasons, cooperated with the then political leadership much to the dismay of those who struggled to thwart constant and belligerent political interference. Gunaratne earned the wrath of some UNP lawmakers for refusing to cooperate with the ruling party’s strategy. Some took up Gunaratne’s conduct with no less a person than JRJ and in some instances with Premier Ranasinghe Premadasa.

With the UNP enjoying an unprecedented 5/6 parliamentary power, the dictatorial UNP administration expected the police to fall in line. They largely did. The situation deteriorated further in the wake of the 1982, more or less, rigged referendum, that allowed the UNP to retain a monstrous overwhelming 2/3 majority, till 1988.

The late Dingiri Banda Wijetunga’s short tenure as the President during the period 1993-1994 in the wake of Ranasinghe Premadasa’s May Day 1993 assassination, never really received much public attention. Wijetunga oversaw the party in the run-up to parliamentary and presidential polls in August and November, 1994, respectively. Wijetunga thwarted Wickremesinghe by facilitating the return of rebel Gamini Dissanayake back to the party. The author refrained from discussing Wijetunga’s political moves though he dealt harshly with the President’s destructive policy as regards the police. Gunaratne explained how the successful Commandant of the elite Special Task Force (STF), the late Lionel Karunasena, failed to prevent Wijetunga’s interference. The author examined Karunasena’s failure against the backdrop of his success in convincing JRJ and Premadasa not to interfere with the elite unit.

Gunaratne’s allegation, with regard to the shortsighted increase of the DIG cadre, from 11 to 30, overnight, and the number of Senior DIGs, from three to five, contributed to the overall deterioration of law enforcement, should be thoroughly examined. The accusation that Wijetunga lacked even the basic understanding of law enforcement thereby caused chaos in the overall administrative setup, by constant interference, should prompt a reappraisal of the whole department. Successive governments played politics with the police to varying degrees. After the change of governments, those who even vacated posts, or were moved out on disciplinary grounds, manipulated the utterly corrupt system to return to the service and secure backdated promotions. Backdoor promotions were routine and so widespread, higher ranks could be secured outside, what Gunaratne called, eligibility criteria.

 

A righteous IGP

‘Perils of a Profession’ explained how successive governments, since the 1977 general election, contributed to the ruination of the police department. Backdoor promotions had been a major cause of concern. Having dealt how he personally took up an alleged move to overtake him in the seniority line to pave the way for another, with President Premadasa, at an STF circuit bungalow, Gunaratne paid a glowing tribute to Cyril Herath, as the only IGP who had the strength to quit the service than play politics.

Gunaratne claimed he was present when Herath turned down an offer of an ambassadorial post from the then Defence Secretary Gen. Sepala Attygalle in the wake of the former’s decision to resign.

Gunaratne has quoted Herath as having told Attygalle: “Sir, I have not come to you with my resignation letter to canvas for an ambassadorial post.”

During PSC and PCoI proceedings, the alleged offer made by President Sirisena to the disgraced IGP Pujith Jayasundera to accept the responsibility for the Easter Sunday carnage in return for a diplomatic posting, transpired. Obviously, Jayasundera declined the treacherous offer. The previous Rajapaksa administration named Mahinda Balasuriya, Sri Lanka’s Ambassador to Brazil, after he accepted responsibility for the police firing at a group of protesting Katunayake Free Trade Zone (FRZ) workers.

There certainly cannot be any other instance of a senior retired police officer coming out so strongly against the system at his own expense. Have you ever heard of any retired public servant objecting to a scheme that certainly benefited him at the taxpayers’ expense? Gunaratne discussed the controversial move to assign police personnel to retired IGPs and SDIGs for what the Association of Police Chiefs (APC) described as an effort to ‘maintain their reputation and dignity.’ The APC proposal that had been approved by the National Police Commission (NPC) on April 23, 2020, was the brainchild of retired SDIG Gamini Navaratne. The whole exercise was meant to provide a controversial facility on the basis that senior retired military officers enjoyed such a privilege.

Gunaratne’s thought-provoking opinions on law enforcement operations should be seriously examined. If the Public Security Ministry is genuinely interested in reforms, perhaps the Minister and Secretary can seek a Presidential Commission to make recommendations. Actually, Gunaratne has made some excellent proposals, first to arrest the decline and then improve the service. The police service has deteriorated to such an extent, it would be a herculean task to restore the standards to the pre-1977 period.

In fact, the blatant role the Office of the President had played, since the introduction of the JRJ Constitution in the ruination of the once public friendly service, shouldn’t be swept under the carpet. The deterioration of the police should be examined, taking into consideration extremely serious lapses on the part of the Attorney General’s Department in the run up to the 2019 Easter Sunday attacks. Although, Gunaratne never referred to the AG’s Department lapses that may have given the NTJ the time and the space to mount near simultaneous suicide attacks on six unprotected targets.

 

A shocking injustice

‘Perils of a Profession’ is the story of incredulity. Having suffered in the hands of the UNP as a result of him being dubbed an SLFPer, Gunaratne, in the wake of Chandrika Bandaranaike Kumaratunga’s victory in 1994, was targeted over his alleged role in the Batalanda torture chamber. In spite of Gunaratne being cleared by way of an investigation carried out by the police at the behest of the Presidential Commission that probed Batalanda, the top cop was placed on compulsory leave. Gunaratne speculated whether the then government sent him on compulsory leave to pave the way for Lucky Kodituwakku to succeed retiring IGP Rajaguru. Gunaratne questioned how Kodituwakku, having resigned, following a rather short career, returned in the wake of the People’s Alliance (PA) victory to take the top post.

Gunaratne had no qualms in discussing perks and privileges enjoyed by the senior officers. The top layer seems to be having a good time. With a section of the department given special status, the others appear to be going ahead with their own projects. Last year’s exposure of the Police Narcotics Bureau (PNB) dealing in heroin is a grim reminder of the appalling state of affairs. The releasing of Easter Sunday terror suspect, Riyaj Bathiudeen, held by the CID in late Oct 2020, raised many an eyebrow. Let us hope the ‘Perils of a Profession’ really jolts the Public Security Ministry.

However, some may not buy Gunaratne’s narration. Critics may find fault with Gunaratne simply because some of the people he is now freely writing about are no longer alive. The author cannot deny the fact that he enjoyed the ride as the head of intelligence, under the UNP, for quite a long period, at a time the NIB was dubbed No Information Bureau.

The police top brass cannot absolve themselves of their failure to prevent the ‘83 riots. Sri Lanka paid a very heavy price for that dastardly violence. Were the police taking orders from outside interests to cause a calamity here? The same thing happened in the run up to the Easter Sunday carnage and thereafter when Sinhala mobs went after ordinary Muslims. Both the police and the Army simply did not act even when mobs came in their hundreds on motorcycles from outside to places like Minuwangoda. Did the cops fire a single shot towards those rampaging mobs? Even our then big talking Army Commander Mahesh Senanayake did nothing.

Police had been always bumming those in power and this was a practice coming down from the colonial period. They were no angels prior to ‘77.

Whatever the shortcomings of President Wijetunga, he should receive the kudos for refusing to fix the election against Chandrika Bandaranaike Kumaratunga, in 1994. Normally the UNP was famous for stealing elections up to then.