The Bizarreness Of Rajapaksa Justice
“…they were cunning, ignorant and cruel like old beasts of prey and…if we let ourselves be overcome by fear or piety, they would finally destroy us”. Jose Luis Borges (Ragnarök)
By Tisaranee Gunasekara
Malaka Silva after being released on bail
The king can do no wrong’ was a foundational premise of absolute monarchy. The Rajapaksas have taken this anti-democratic concept to the nethermost extreme. In Rajapaksa Sri Lanka the President – and his kith and kin – can do no wrong.
Minister Mervyn Silva occupies an outstanding position amongst Rajapaksa kith. When his son got into trouble with the law, again, it was a foregone conclusion that the Rajapaksas would ride to the rescue. Because that is how the system works: impunity is an axiomatic reward for fealty to the Ruling Family just as persecution is an inescapable punishment for opposing it.
Some actions carry the trademarks of their perpetrators. Only an agency with full official backing can white-van people, with impunity. A mere minister could not have compelled an army officer to commit perjury; only those constitutionally empowered to command the armed forces could have managed that feat.
Less than 24 hours after the ministerial offspring and his companions surrendered to the Slave Island police (two police teams had failed to apprehend any of them, for a whole week), Major Chandana Pradeep of Army Intelligence recanted. On 10th September he had complained to the Slave Island police that he was assaulted by Malaka Silva, Rehan Wijeratne (the son of a political appointee-diplomat) and five others in MSD-like attire.
On 18th September he informed the court that neither the ministerial offspring nor the ambassadorial offspring touched a hair on his head; he was assaulted by the five MSD types, hoi polloi unblessed with a ministerial pater or an ambassadorial mater.
That volte-face dovetailed perfectly with the writing on the wall, in the unmistakable hand of the Defence Secretary. Gotabaya Rajapaksa claimed that Major Pradeep was not on duty at JAIC Hilton; on the contrary, he was “acting as a personal bodyguard of an individual, which is beyond his duties” (Sri Lanka News – 14.9.2012).
The self-appointed Patron Saint of ‘War Heroes’ threw a war-hero under the bus to save the offspring of loyal servitors.
Rajapaksa patriotism is like Tiger patriotism. Fealty to Vellupillai Pirapaharan (alias the ‘Sun God’) was the sole condition of Tiger patriotism. Fealty to Mahinda Rajapaksa (alias the ‘High King’) and his kith and kin is the sole condition of Rajapaksa patriotism.
In this Sri Lanka, none can retain the ‘war-hero’ title if he is not eternally loyal to the Ruling Siblings. Even the most outstanding fighter against the Tiger can fall from grace if he commits the cardinal sin of disobeying the regime. For such a fallen war-hero life becomes unpleasant and dangerous, as the example of General Sarath Fonseka demonstrates. The war-winning army commander lost not only his freedom but also his rank, pension and decorations.
If such a fate can befall a full General, what cannot happen to a mere major? When the Mannar magistrate was allegedly threatened by Minister Bathiudeen, the legal fraternity closed ranks in support. When Mervyn Silva tied a Samurdhi official to a tree, the victim’s colleagues rallied in protest. An army officer cannot expect such support from his uniformed colleagues. Whatever the rights and the wrongs of this case, Major Pradeep is on his own, because taking on the Rajapaksas is a far more daunting task than taking on the Tigers. The LTTE could deprive you of life and liberty; the regime can do that plus destroy your reputation, persecute your family, turn your present into a torment and nullify your future. Better let a couple of political-brats get away with assaulting you rather than run the risk of being dishonourably discharged and your reputation in tatters.
So under Rajapaksa Rule even war heroes are not immune from the senseless violence of bratty politicians and political brats. From now on, it will be as open season on armed forces personnel as it is on other Untermenschen, such as students, workers, trade unionists, academics…
When a plague is threatening the well-being of a nation, the task is not to thrash the symptoms but to identify the malady. And the plague is Familial Rule. It is this that enable the Mervyns, Dumindas, Rishads and Malakas to break the law; just as it is the Rajapaksas who enable S. B. Dissanayake and Bandula Gunawardana to undermine schools and universities; or Nivard Cabraal to disgrace the Central Bank; or the CPC to import substandard fuel…
The underlying message is simple and resounding: support us and the sky is the limit; oppose us and hell is the destination.
Major Pradeep heard it in the South and betrayed himself. Rauf Hakeem heard it in the East and betrayed his voters. A chastened SLMC agreed to back the UPFA in the Eastern PC without even the Chief Ministership in return. All the SLMC got was a Rajapaksa (made-to-be-broken) Promise! Experience demonstrates that Rajapaksa promises are theatre aimed at dissembling and time-buying. The promise to the SLMC will be akin in falseness to the innumerable undertakings the siblings will make at the upcoming UPR of Sri Lanka.
After all, if the basic rights of ‘war heroes’ are not respected, can the rest of us expect better treatment? If an army officer – supposedly a member of a protected species – is denied justice, what can a civilian Tamil, victimized by the war, expect?
Invading the Judiciary
If Rajapaksa democracy is an oxymoron, Rajapaksa justice is infinitely more so.
Rajapaksa opponents can still win some elections, but no one victimised by a Rajapaksa acolyte can expect justice.
Impunity is a quotidian of Rajapaksa Rule.
According to Amartya Sen, “The issue of democratic practice can be closely linked with the existence and use of countervailing power in a society with a plurality of sources of voice and strength” (The Idea of Justice).
As an integral part of their anti-democratic dynastic project, the Rajapaksas want to grab all power. This requires undermining every source of countervailing power – the opposition, the media, trade unions, provincial councils… (Devolution is an impediment to the Rajapaksa-juggernaut; the 13th Amendment helped halt the Divineguma Bill, which aims at extending the economic empire of Basil Rajapaksa).
The judiciary is the primary target of this multi-pronged assault.
The Supreme Court decision on the Divineguma Bill would have strengthened the Rajapaksa resolve to render the judiciary as subservient as the armed forces or the police. “President Rajapaksa wanted the Judicial Service Commission (JSC) to meet him regarding the functions of the JSC but the JSC in an official meeting has decided not to meet anyone regarding its official functions as such discussion would be unconstitutional” (Colombo Telegraph – 20.9.2012). Last week, the Secretary of the JSC, Manjula Tilakaratne, warned the public about attempts to influence and threaten the JSC and asserted that the JSC is committed to safeguarding the independence of the judiciary.
An independent judiciary is not just a sine-qua-non of democracy; it is the last remaining barrier between Lankans and total subjection to Rajapaksa Rule. If we ignore the JSC’s timely warning, it might be our ultimate – and most unforgivably inane – error as citizens.
Have you seen the CCTV footage? What do you think the brat MS’s security were doing if a fight developed? Is it not possible they hit the major? Do you know if he was on duty in a 5 star residency at past mid night? What was his duty?.Do you want to believe him in that part of his story only?.Is that how the law works where ever you live? Do you think the Def Secy invented such a story? What was the major doing with that casino operator Fonseka who appears to have many specialist army friends to do errands for him going back to the time his brother was shot outside the Indian HC and the alleged police officer (he was on duty) who shot him was later garroted? Garroting is a specialist job not done by ordinary murderers .Think about it before you use your ‘power without responsibility like you know whom to hang and quarter anyone and everyone except your favourites.
Cock eyed as usual of not worse as any bull could tell you if it could talk.
Bottom line is nobody is above law, If the major was wrong then they should have called the police. You can’t go around and beat all the people just because you have a farther who s a thug politician.
I think he injured by himself. Dont worry , all these are believied by Sri Lankans. Cant you sack this lawyer call Warnakula who is appearing for thugs
Oh dear ! Please help these idiots to think clearly. What more proof do the people of this country need, man (or is it something else ?). Do you take the people of this country to be lunatics -maybe they are when it comes to election time ! Not otherwise…..
Tisaranee : In search of solace they are taking refuge in random.
However, when an administration kills its own folk (living together for k’s years) are they ‘War Heroes’?? The last 20 years we have seen Yugoslavia, Liberia, Iraq, and Libya.
When push comes to a shove China will slide away because there is Diego Garcia and Lanka’s Hambantota is not Syria, Russia’s only naval base in the Middle East.
RAJAPAKSE JUSTICE !!!!!!!!!!111 ARE YOU JOKING ??///
RAUF HAKEEM IS THE JUSTICE MINISTER IN THE UPFA, BUT SLMC
CONTESTED THEM. WELL NOW AS WE KNOW THERE IS A CRISIS WITHIN THE PARTIES CONSTITUTING THE GOVERNMENT !!!!!!
IF SRI LANKANS DONT WAKE UP, AND SOON WE WILL BE CONSIDERED
A “PARIAH” STATE
I salute the position taken by the JSC. They could be a faint light of hope in the total darkness of Jarapaksa regime. A kennel will be managed better.We castigated the LTTE for pure carnage but now it is ‘replaced’ by our own goverment. Murderers are ministers, rapists are provincial councillors, Drug kith and kin of ministers are given MSD protection, killer Amare with 104 warrents romed freely due to Raja connections, Most high profile crimes connected to govt, Criminals caught in white vans released by the powerful, criminals/culprits are appointed to many high positions plundering billions, application of law is blinded to to Raja connections etc. Mervyn the vermin with hundreds of inhumane activities ties a man to a tree is rewarded with MInistership of Public relations. This sums up the level of governance!! Dear JSC…… please save Lanka!!!
Long live the independence of Sunday Leader journalists despite change of ownership of the company.
To paraphrase Voltaire. I may not agree with all what you write, but I will defend to the utmost your right to say it.” We call it freedom of expression.
Yes, freedom of expression is a wonderful thing. especially when it is a fairy-tale that is being told and Freedom of Expression is the fig-leaf used to hide anything from paranoia to libel and beyond
How the worm has turned..!!! After years of praising Prabhakaran as “Militarily Undefeatable”, Tisaranee now does not hesitate to throw him under the wheels of every convenient bus if it fits into her anti-Sri Lankan agenda.. Poor Prabhakaran !!
LMAO!!!
We all know that people in remand prison are beaten to death. Many are hijacked in white vans and tortured.Of course the hijacking and torturing are done by army and police personnel. Mostly they are educated or at the most qualified enough to be recruited to their service ranks. Furthermore the high ranking highly respected governors and other officers who know the waste oil treatment given to protesters.
So what is wrong when one or two of them, tasting a bit of their treatment in the hands of some revelling youngsters. Why should they be punished? What is meant by punishing one or two popular youngsters who might have been involved in some practical joke, a bit of excessive ragging, while people who have beaten remand prisoners to death are not brought to the limelight?
knowing all parties involved in this matter I would like to correct some inaccuracies mentioned therein.
The writer says that his mother raised her children as a single mother most of her early life. He goes on to say “an achievement in western nations which is held in high regard”.
Soon after her first marriage ended Sachine Jayawickrame’s mother married for a second time, a businessman from Homagama. Soon after that marriage ended she married for a third time, the politician the late Mano Wijeyeratne.
Therefore she was never a single mother in her early life as stipulated in Sachine Jayawickrame’s article.
I hope you give my remarks the same prominence as given to Sachine Jayawickrame’s article as I feel the public should know the facts as many things seem to be covered up.
@Lalin
Thank you for pointing out “inaccuracies” in the article. However, you must know by now that Gunasekera has never let “inaccuracies” get in the way of a Good Story
Even s string of failed marriages gives no excuse in producing such humbug brats ! We already have enough of those from the ‘dear servants of the people’ dont we ?!
This obviously is another form of the older terrorism that plagued this country for so long. Is this thrice blessed country, CURSED ?
As long as Tisaranee is there I will read this newspaper no matter who owns this.
Well done TG. I luv reading you.
Let me make a prediction: In 12 months from now, hard copy circulation of the Sunday Leader will be down by at least 50% of the current figures – unless Government institutions and some companies start buying in bulk…
All this rot happening in SL but masses select these people as happen in recent election. Why people not electing alternative. Time has come to Sri Lankan people to realize reality most of the people in SL are idiots/donkeys not lions as they seems to think. Proof in 2006 survey among 113 countries SL came lowest IQ in Asia ( below Maldives/B’desh/Yeman) and only countries below SL was African countries. Easily been fooled or led by donkey for donkeys who will not let shrewd fox or elephant to lead. Those who cant see the light will die in darkness.
There is no evidence that JSC will not cow down in the next stage of events -
and this has to happen if Rajapaksas are to continue with their I/C backed
“democracy”.
Impunity is the foundation and must be built upon to continue the Kings
Regime.
Punchi: You are mistaken I/C always fattens a pig before slaughter and that is western practice (live your life to the full….retribution)
Saddam the mother of all step fathers from the village was fattened by US/UK/Russia. There was a £1billion UK sewer line project outside his nuclear city in Bagdad (Russia/India/Yugoslavia) and Kuwait had to pay back $80billion to Iraq (Cheney and Co stole the oil via new tech then called horizontal process) . The famous hand bag asked Saddam to strike and next requested Bush Sr. to drive him out. Bush only stopped because one holy lady (she was a commander in SL) begged him to.
Rajapakse the villager is no different but the method is different like Libya was.
Watch this space nilame;)
Tisaranee. As you are aware, the whole problem with Sri Lanka at the moment is not having a credible opposition. This country will go down further and further down the tube unless and until we have a strong opposition. If the recently held elections is a good indicater, you get my point. Even writers like yourself will find it difficult to carry on if this trend continues. It’s in the hand of the ordinary person in the street, and not the English speaking Colombo elite who are reading these columns. The opposition should go to the ordinary masses in the villages and win their hearts and minds. Even if the opposition cannot win the next election, if they can get a bit closer and get about 49% of the votes, the ruling party will be more accountable.
Wonder what Batalanda Ranil has to say about all this hullabaloo.
Sarath Fonseka said about the “White Flag ‘Story’” and then said later, No one came with White Flag’. IF he the General can say like that kind of ‘Lie’; why cant this low rank soldier can’t say a ‘Pure, Holy Lie’.
We pray for brave professional journalists of the calibre of Tisaranee Gunasekara who puts their profession before their lives. Lasantha wrote his obituary and we wish others in the only independent newspaper that dares to print the facts as they happen without any bias of race or religion a long life. We also must mention what another minister in the same list as Mervin Silva or Duminda Silva, who heads a paramilitary does in the north. He seizes private houses by threatening the owners by his thugs and open offices for his political party. He, like other ex-terrorists, enjoy hospitality of the unelected president who is in charge of the defence or offence.
‘Rajapaksa patriotism is like Tiger patriotism.’ …so very far from the truth. Unlike the Rajapakarse or Sinhalese patriotism the Tigers were about bringing humanity and respect for the Tamil people.
If the Tigers did prevail all of Ilankai, not just Eelam, would have seen the same humanity and respect for mankind spread unlike the present jungle laws and murder that is prevalent.
Shit country shit people, thugs, poverty, rapes, corruption and genocide. In the meantime, I am living the dream in the west…….haa….haaa…haa.
Two sides of the same bad coin. That is what failed states are about.
wait for your chance. think analyse for alternate opportunities. democracy is in force that is what we beleive. majority speaks. if poorly selected all fail.
Tisaranee Please translate your great reports to sinhala so these bastard Rajapakses are exposed to the 95% of the population.
The Judiciary is no better indeed when the duo flies to greener pastures while the uno does his time very soon! This is Independeent justice in Amazing Asia. Remember Champa Buddhipala and Kamal, J. Amare and murder while on Atasil, etc ,etc. The list is endless. The known devils (Rajapaksas) are far better than the unknown, the so called Independent Judiciary.
since we got bloody so-called freedom we have been electing kola (green.unp) family again nil (bloue,slfp) family and kola family again nil family and again nil family and kola family. whatta stupid people we are? lets get ready to elect Kola family again. whatta joke? cant you see these families looting whole country . at least be brave this time and elect a comity to rule the country.