An open letter addressed to the President of Oxford Union regarding his invitation to the Sri Lankan President Mahinda Rajapaksa
Mr. James Kingston
The President
Oxford Union
Mister President,
Sri Lanka’s Inglorious Democracy
I am Sri Lankan and have been living in France for the past 2 decades, enjoying European life style and its democratic values. It is with great sadness and regret that I have to present you with few facts about the current situation in Sri Lanka for your information and consideration.
Referring to the invitation you have proposed to the President of Sri Lanka to address the Union. I have no doubts that your invitation was extended prior to what The British Prime Minister, David Cameron has said that “there should be an independent investigation into what happened during the decisive phase of Sri Lanka's war against Tamil Tiger rebels”.
During his speech, President Rajapakse will deny any wrong doing and mislead you in his statement but he’ll remain silent on questions of human rights, political opposition, freedom of speech, freedom of press, 18th Amendment, oppression on university systems and country’s extreme cost of living in the post war period.
This is a time, when all helpless Sri Lankans including Sinhalese, Muslim and minority Tamils are seeking help from all Organizations, International community and Unions, like yours, in order to restore democracy in Sri Lanka. Eradication of Terrorism in Sri Lanka has been followed by brazen slaughter of Democracy today. It is no secret that President Rajapaksa’s regime violates all human rights and discriminates the minority Tamils. Once the President addressing a rally in the north and speaking in Tamil language, he mispronounced the copy written in Sinhalese even though he had two teleprompters. The participants made him a remark him for the wrong Tamil words he had used and the President who had been enraged had said, “Yes, we are Sinhalese. You listen to me, Tamilian. Don’t try to be too wise. If you can’t listen get out of here".
Journalists are disappearing or getting murdered (eg. Mr. Ekneligoda, Mr. Lasantha Wickramathunga), they are threatened and intimidated. There is no freedom of press or expression. Those, who are critical to the government are being arrested, beaten and put behind bars under the orders of both the President and his brother Mr.Gotabaya Rajapakse. Judiciary is being manipulated by the Rajapaksas to put in silence their political opponents.
Sri Lanka’s only four star General who crushed the terrorism was praised by the Rajapaksas as the best Army Commander in the world was put behind bars by the same people just because he contested the presidential elections against President Rajapaksa. All fake charges were brought against General Sarath Fonseka and the cases were heard behind closed doors.
All religious leaders came forward and requested President Rajapaksa to give all the democratic rights to the General.” What General. Fonseka requires is justice, not pardon” - A Statement by the Rt. Revd. Duleep de Chickera, the Bishop of Colombo.
Release General and sentence hundred Bhikkus including him to rigorous imprisonment for life says Ven. Maduluwawe Sobitha Thero.In addition to Ven. Maduluwawe Sobitha Thero, Sri Lanka’s Most Venerable Chief monks of the 4 Buddhist chapters and various other religious leaders came forward to request the President to respect the Human Rights and restore democracy.
Even the former Chief Justice Sarath N. Silva stated that President Mahinda Rajapaksa should lend out the same justice and fundamental rights to General Fonseka as was given to him in the past by the courts. He had mentioned that,
1. In 1980, the charges were brought against Mahinda Rajapakse assassinating the character of the opposition candidate by false allegations.
2. In 1982, Belliatta by election, Mahinda Rajapakse was charged for murdering three persons in broad daylight by shooting. He was remanded with eye witness giving evidence. Later, the courts freed him because the evidence of the witnesses was contradictory. If the courts had decided otherwise, he would have been hanged.
3. In 2005, there was another case against him for defrauding the Tsunami funds collected under ‘Helping Hambantota’ Tsunami relief. At that juncture, in order to save him from arrest, the SC moved to do justice to him.
General Sarath Fonseka, Member of the Sri Lankan parliament who is currently incarcerated under deplorable conditions. I am sure the following explanations of the facts will highlight the emerging dictatorship in Sri Lanka under President Rajapaksa regime.
General Sarath Fonseka following his retirement from active military duties as well as his resignation as the Chief of defense staff was allowed to contest as the main joint opposition presidential candidate by the Election commissioner of Sri Lanka according to the constitution of the country, against President Rajapakse who called for an early Presidential election in January 2010.
The election results thoroughly contested by the majority of the election monitoring Organizations and the opposition parties. General Sarath Fonseka had filed a petition in the Supreme Courts requesting that the re-election of Mr Rajapaksa as President of Sri Lanka at the January 26 polls on the ground that the elections were corrupt and abounding with malpractices.
Nearly 9 months later since the petition filled, on 26 October 2010, President Rajapakse has made written submissions requesting Court to annul the examination of the Presidential election petition filed by Presidential candidate and former Army Commander General Fonseka. Later on, The Supreme Court dismissed the petition without a trial.
Two weeks following the elections General Fonseka was hastily arrested and detained on unsubstantiated charges by the present Army Commander, violating the constitution of the country as well as the Army act. The GOSL as well as the Sri Lankan Army had violated the laws of the country as formal charges were not brought against him until almost 3 months later where according to the law of the land General Fonseka would have been produced in a court of law within 24 hours of his arrest.
According to the Army act of Sri Lanka the present Army commander cannot issue orders to arrest the four-star Retired General Sarath Fonseka as he is the highest Ranking officer of the military. Only the President of Sri Lanka can give such an order. However in such a situation only the civil courts of the country could hear a case against General Fonseka, since a military tribunal comprised of junior rank officers to the only four star General in the country is not acceptable and against the very Army act of Sri Lanka. Hence the military tribunals held against General Sarath Fonseka were Illegal not only as per the Army act but also according to the Constitution of the country.
While in custody General Sarath Fonseka contested the general election and was elected as a member of the Parliament further proving his democratic right to engage in active politics after his retirement which this dictatorial regime is actively trying to deprive him of. By appointing military courts, filing charges, approving charges and ratifying verdicts, the President prepared the ground for the jailing his presidential candidate opponent General Sarath Fonseka.
General Sarath Fonseka was charged in a military court in two separate trials and all tribunal members have been handpicked by the present Army Commander on the instructions of the Defense Secretary of Sri Lanka and his brother the President of the country who is the Commander in Chief of the Armed forces.
All members of the tribunal were biased against General Sarath Fonseka as during his tenure as the Commander of the Sri Lankan Army he had initiated disciplinary action against these officers. It was obvious why these members were appointed to the tribunal by the President of the country. When General Sarath Fonseka’s lawyers objected, they were disregarded. All members of the tribunal were at least two ranks below General Fonseka, which is against the Army act.
In the first Military tribunal the Attorneys appearing for General Sarath Fonseka were not given an opportunity to cross examine the government witnesses. Hearings were conducted despite their appeal not to have the proceedings at a time of Court Holidays. A guilty verdict was delivered in the absence of defense attorneys – which is unheard in a civilized and a democratic country.
General Sarath Fonseka has also being charged and convicted by the second Military tribunal appointed by the President Rajapakse for improper procurement of arms to the Sri Lankan Army during his tenure as the Commander of the army under a so called National Procurement Agency (NPA) guideline.
The only charge against him was his not disclosing the relationship his son in law had with a Company in British Borneo. But, the punishment given to him was for dishonorable conduct assuming that the father in law should know of all what his son in law does. This is not a charge that can be leveled in this civilized world.
It is needed to be emphasized that in this second tribunal, General Fonseka was not allowed to summon his key witnesses. The verdict of the second Court Martial delivered by the three Junior Major Generals with many charges against them in their military life is being seen by Members of the legal profession, experts and Procurement Consultants as a clear violation of the constitutional law of the country as NPA Guidelines has no statutory (legal) standing, since the NPA has been establish under Presidential directive but not by the legislature of the country.
During the process of the Tribunals General Fonseka as a member of the parliament appealed to the Speaker of the Sri Lankan parliament for his rights under parliamentary privileges to attend the parliament without interruption. Although the Sri Lankan courts gave a ruling that he should be allowed to attend the parliamentary sittings, the Sri Lankan army in whose custody General Fonseka was, had many a times violated the court ruling. His appeal about this contempt of court to the Speaker of the Sri Lankan parliament, who also is the brother of the president of the country, was to no avail.
The President and chief of the commanding forces President Rajapakse, Mr. Gotabaya Rajapakse, his brother is in charge of the Defense, Mr. Basil Rajapakse ,brother and chief advisor to the President while Mr. Chaamal Rajapakse the other brother of the President who is the speaker made sure that Fonseka’s parliamentary post is terminated. In other words, it is the brothers company which has orchestrated this whole jailing operation.
Defense secretary Mr. Gotabhaya Rajapakse even threatened to hang General Fonseka if he cooperates with any investigation into war crimes during the civil war that ended one year ago in recent BBC’s Hardtalk show.
Former LTTE Eastern Leader and now a Minister in the Rajapakse cabinet, Mr. Karuna Amman has admitted in a British court that it was the Defense Secretary Mr. Gotabaya Rajapakse who had helped him to get a forged Diplomatic Pass Port for travelling to UK, violating immigration laws of our country.
Another former LTTE top cadre Mr. Shivanesathurai Chandrakanthan also known as Pillayan and now the Chief Minister of the Eastern Province, made a statement, while giving evidence before the Lessons Learnt and Reconciliation Commission, that his former chief Mr. Karuna Amman should apologies for the murder of 600 un armed policemen surrendered to LTTE under government orders, in the 1990s, as he was a member of the organization at the time.
Today, General Fonseka is incarcerated serving a sentence of 30-month rigorous imprisonment and his life is in danger. As a result of several blast injuries sustained to his lungs in the battle front, General Fonseka not only has shrapnel embedded in his lungs but had unfortunately developed scarring of the lungs with reduced lung capacity , thus making him extremely susceptible for serious lung infections. Prison environment is notorious for communicable diseases and he is at very high risk of developing a life threatening Pneumonia. Furthermore as a result of the suicide attack carried out by LTTE against him, he underwent several major bowel resection surgeries, which had caused significant digestive and absorptive conditions, compelling him to have frequent but small meals to sustain adequate and proper nutrition as well as bowel functions. Prison meal schedule is certainly inappropriate for his well-being. Even if General Fonseka’s courage and determination as a brave soldier to survive and fight for justice will make him endure all these difficulties, he has very limited protection against any assassination attempt to his life at the Welikada Prison, the facility in which he is incarcerated.
It is now claimed that the Sri Lankan Government has agreed to pay a top British public relations consultancy firm about £3 million a year to facelift the image of Sri Lanka and its government.
Mr. President, you were probably given a fake picture of the current situation in Sri Lanka by any consulting firm or our Foreign Minister Prof. G.L. Peiris, during his recent visit to UK.
As Sri Lankans, we are proud to be a nation who had produced two of its best Sons as past Presidents of the Oxford Union, Hon. Lakshman Kadirgamar and Hon. Lalith Athulathmudali, a Tamil and a Sinhalese. I may not be mistaken to say that Sri Lanka is perhaps the only country in Asia so far who could boast that two of its distinguished sons had served the Oxford Union as Presidents.
Therefore, I respectfully appeal to you and the international community not to abandon our nation which is currently suffering under the dictatorial Rajapaksa regime seeking precious help from prestigious Organizations like yours to restore democracy in Sri Lanka.
Sincerely,
Mano Banduwardena
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