(UTV|COLOMBO) – Years of hard work by successive Governments to successfully repudiate charges of massive civilian causalities during the war had been undone as a result of the tacit admission in the US lawsuit against former Defence Secretary Gotabaya Rajapaksa that the killing of a civilian was perpetrated under the Government’s watch, Attorney-at-Law Shiral Lakthilake asserted yesterday.
In the case filed by Ahimsa Wickrematunga, daughter of Lasantha Wickrematunga against Gotabaya Rajapaksa in the US, Gotabaya has claimed immunity on the basis that he was functioning as the Defence Ministry Secretary at the time the assassination of Lasantha took place.
“When Diaspora Groups and others informed the Human Rights Council that up to 40,000 civilians may have perished in the final stages of the war in Sri Lanka, the previous as well as the present Government has flatly rejected that claim. These groups had no way to prove that allegation.” Lakthilake told Daily News.
“Ahimsa Wickrematunga complained against Defendant Gotabaya Rajapaksa asserting the causes of actions 1- Extrajudicial killings 2- Crimes against humanity 3- torture. She alleged that this was done by the Government Security Forces which were under Gotabaya’s command. Gotabaya Rajapaksa’s lawyers had taken a preliminary objection on the grounds that he is covered by sovereign immunity as a Sri Lankan government official.
“Thereafter the court has dismissed the case, noting the Defendant is entitled to common law foreign official immunity. “What is interesting is the implication in the Defendant’s argument that these crimes were done by security forces under the command of Gotabaya. That gives the impression that these were done by government forces and, in fact, Lasantha was assassinated,” Lakthilake said.
“What is implied here is that there were such assassinations by the state, but Gotabhaya says he is not responsible because he was covered by immunity. We are worried about the impact of this particular order although it is given by a district court it has an impact on international law,” Lakthilake added.
“In international law it is deriving out of several sources: firstly, Customary international law, secondly, Statutory international law, thirdly, Judgment and orders of local courts or Municipal councils and, fourthly, Opinion of the Jury.
“My argument is this order consists of one international law. It is an order given by the court on crime against humanity and extrajudicial killings. By this admission they have created a testimonial evidence that implies government forces were involved in civilian assassinations. This is very incriminating for Sri Lanka.”
“Gotabaya Rajapaksa. in his press conference, said that he does not accept (UNHCR) Resolution 30|1 against Sri Lanka. By this argument in court, it is implied that he has accepted 30/ 1. This is a great betrayal of the country. It is clear that in Rajapaksa politics they always tend to pass the buck. When a ‘Hindu’ newspaper journalist questioned, Rajapaksa washed his hands of the issue of civilian casualties saying that the Army was led by Sarath Fonseka. He said so without thinking about the consequences. In ‘Crimes against humanity’, the command structure matters. Here, Gotabaya Rajapaksa betrays his own brother former president Mahinda Rajapaksa”.
“At the cost of sovereignty of our state he washed his hands of these allegations. What is their patriotism?” questioned Lakthilake. “Under the international law this is a grave error, a betrayal of the country. This is the beginning of a new chapter which incriminates Sri Lanka,” he noted.
[alert color=”faebcc” icon=”fa-commenting”]Keeping up to date with breaking news while you are on the move is now simple with UTV Alerts [textmarker color=”8a6d3b”]Type REG UTV and send to 77000[/textmarker] on your Dialog, Airtel, or Hutch mobile connection[/alert]
