Sri Lankan President’s Immunity Argued In New York
On Thursday August 23rd, the issue of Head of State Immunity for President Mahinda Rajapaska, in the case of Vathsala Devi v. Mahinda Rajapaksa (Docket# 11-CIV-6634) was argued in the US District Court, Southern District of New York. The Tamil widow of Thurairajasingham (Colonel Ramesh) brought an action against Mahinda Rajapaksa, and the agents under his control. She is asking for compensatory and punitive damages for torture, inhumane treatment and war crimes inflicted by the defendant in violation of the laws of the United States and International Law. Judge Naomi Reice Buchwald presided over the case argued by Mr. Visuvanathan Rudrakumaran who appeared for the plaintiff. The State Department was represented by Amy A. Barcelo, Assistant US Attorney. Ali Abed Beydoun argued on behalf of Speak Human Rights and Environmental Initiative, which filed an amicus curiae brief in support of the Plaintiff’s position. The issue in the case is whether it should be dismissed pursuant to the Suggestion of Immunity submitted by the US State Department.
Pursuant to the request by the Sri Lankan President the US Department of State filed the Suggestion of Immunity stating, “the Department of State recognizes and allows the immunity of President Rajapaksa as a sitting head of state from the jurisdiction of the United States District Court”.
The Plaintiff argued that the Department of State lacks a legal basis, namely the law making authority, to file the Suggestion of Immunity and emerging customary international law violations of jus cogens norms, namely torture, genocide, crimes against humanity and war crimes, pierced the veil of immunity.
The Department of State argues that for the last 160 years courts have accepted the State Department’s determination of Head of State Immunity. The amici argued the State Department’s determination violates the separation of powers.
The judge made an observation that the fact Congress has not amended the law to eliminate the State Department’s role suggests that it acquiesces the State Department’s position. The Judge reserved the decision.
Courtesy: US Politics Today
According to the UN Charter of Rights, all citizens of the world are equal. Most Banana Republics (like Sri Lanka) have written their constitutions to safe guard interests of their rulers. In the US or the World Court in the Hague, the President of Sri Lanka is just another person and is answerable to any crimes committed during his presidency.
forget about the president being above the law, wat the white people dont know is, the ruling family, their extended relatives, as well as all the ministers , their famikly n anyone accociated with them r above law
In the same manner, Ramesh and Karuna should be sued for hacking 30 innocent Buddhist monks at Arantalawa and torturing killing many other Tamil and Muslim residents in the aea.
Sean,
Agreed with your comment.
This accusation against the LTTE can be included in an independent investigation into atrocities committed by both sides, as recommended by the
UN Panel of Experts appointed by Ban Ki Moon.
The problem is the SL Govt. is refusing to appear in that investigation, and you and everyone know why!
Interesting LTTE Diaspora’s stunt! Can MR send Wickramabahu to defend Colonel Rameshe’s widow?
Immunity of any human places him above the law which is against the principle of no man is above the law. Even under Sri Lankan laws torture and extra-judicial killings are unlawful but the present regime exempts political dissidents including journalists and members of the ethnic minorities from being innocent until proven guilty. That is why this government turns a blind eye to many murders, abductions and torture of journalists, suspects and human rights activists.
I think they are not only turning a blind eye they are aiding and abetting this crimes
The US Govt can declare the President of Sri lanka as non grata pesona(un wanted person) I hope thea will do this.
nadarajah rajendra
germany
Nadaraja rajendra will be BALURAJA RAJENDRA in Germany itself & not Mahinda Rajapakse. MR’s name will be written in gold for being the only political leader in the world who crushed Tamil genocide, torture & terrorism.
You appear to be contracdicting your own statement. LTTE is not equal to the Al Aqaida which is an international terrorist outfit. Why would any other political leader be interested in crushing a localised terror outfit. Do you really think they have nothing to do like the clowns in Lanka parliament? What is a Tamil Genocide…are you talking about Tamils being involved in committing a genocide against another or the Tamils being wiped out? If MR wiped out all the stuff you claimed in your comment, then why are Journos being assasinated, White vans are running around everywhere, Politicians (opposition) are being wiped out, you and I are in a foreign land, the Lankan rupee is trading at $=Rs150, the whole country is turning out to be a dump……………..the wonderful list goes on. Why don’t you answer that.
This german Tamil joker refugee is talking thro is rear end.
By his ju8dgement, hitler should vstill be parading in the streets if Munich and his clown will be roasting in the gas chamber.
You can only hope Nadaraja. Remember, when it comes to law, President of Sri Lanka is same as President of USA. You think a court would uphold anything against US president? Same will be the result here, just have a good day in the court, enjoy it, MR will go to New York and will be back like a baby while you will be scrarching your arse to get rid of flys.
The corrupt rogue thug president cannot travel anywhere outside of his third world cave called SL……..haaa…..haaa….lol.
where have you been all these days. SL president traveled many times to the west , three times this year alone to UK. Ask the Tamils in UK they know where he was and which dinner he went to when the Tamils were enjoying Mcdonald burgers! haaaaaa… haaaaa… haaaaaa. .. ha… ha… haaaa…. At least he has a third world cave where he is the KING appointed where as the Tamils of the world dont have even a cave to call there own ! haaaa. ha…ha…haaa.. hi…hie…ha…ha..haaaa..
Actually “deaming of Ealam” the Tamils arer living the dream in luxury in many western countries while you and your poor third world cousins are still licking the floors in your cave.
Keep licking the skin heads and and pakses ; Eelam WILL be reality sooner than later.
Absolutely.
It is great to see from the comments below that:
No matter whether we like our President or not, we all hate the Tamils.
Way to go Sri Lankans!!! Kick the Tamils so that they wish they were not born!!
USA and the west got their own “War Criminels”(George Bush,Dick Chany,Donnel Rumpfeld and Tony Blair)……so they go kind of light on other war criminels…..lots of bla bla and bieng politicaly correct…naother 10years or so nobodys gonna speak of these war criminels,,,,,there `ll be new criminels—-so the time `ll go on….!