Dr. Gunadasa Amarasekera makes history : Sri Lankan takes UN to court 
Posted on September 24th, 2015

Shenali D Waduge

A plaintiff has made history by filing a prima facie case against the United Nations Organization. Dr. Gunadasa Amarasekera has filed a case in a domestic court in Sri Lanka against the illegalities being adopted by the United Nations Organization against his country. That a bold initiative has taken place requires the UN system & the International Community to now take a step back and take a look at the plaint and apply the terminologies the UN system enjoys quoting to member nations at itself. The case now requires the General Assembly to select a set of truly independent judges and jurors from outside of the UN system to evaluate the merit of the case being filed. Until such time the current resolution against Sri Lanka must be kept on hold forthwith and it is the duty of the current Sri Lankan Government to officially request that the Resolution (whether watered down or not) be delayed until a real set of international judges not linked to the UN or those party to the resolutions against Sri Lanka are selected by the General Assembly to decide whether the UN has acted illegally against Sri Lanka.

Dr. Gunadasa Amarasekera’s arguments

  1. The recommendation for an international investigation is based solely on the recommendation made by the UN High Commissioner for Human Rights in 3 reports filed by her in February 2013, September 2013 and February 2014.
  2. The primary and principal basis for the High Commissioner’s recommendation for an International investigation in her 3 reports takes ‘evidence’ in the Report of the UN Secretary General’s Panel of Experts released in 2011. Using the UNSG’s Panel of Expert report to recommend an investigation against Sri Lanka at the Human Rights Council is ex facie illegal.
    1. The Panel of Expert Report was commissioned by the UNSG for his PERSONAL USE. The report was not commissioned by the UN Members in consultation with Sri Lanka which becomes a violation of a UN Member’s rights (Article 1(3), 2(1) and 2(7) of the UN Charter) deeming the right of Sri Lanka to participate and provide input to the decisions of the UN when it is affecting Sri Lanka’s interests.
    2. The Panel of Expert Report was never placed officially in the General Assembly, in the Human Rights Council or any other UN body. This denied Sri Lanka the right to respond officially and directly to the report. Sri Lanka was given no right of response which is a basic right under Natural Justice.
  3. Thus using the Panel of Expert Report by the UN High Commissioner for Human Rights as the basis to authorize an investigation through resolution A/HRC/25/L.1/Rev.1 is illegal. The UNHRC was created by the UNGA by resolution 60/251 in April 2006
  4. The plaintiff also highlights that at the time the investigation against Sri Lanka was authorized the Government opposed the investigation and authorizing such was an imposition on the sovereignty of Sri Lanka.
  5. The Plaintiff makes clear that Sri Lanka’s constitution holds the sovereignty of the country in the people and that sovereignty is inalienable. In other words every citizen shares the sovereignty equally and an imposition on that sovereignty becomes an imposition upon the individual citizen.
  6. If the sovereignty of a country is the basis of all rights and privileges enjoyed by citizens as per Sri Lanka’s Constitution if that sovereignty is compromised it disrupts the environment where the Constitution functions.
  7. The Plaintiff goes on to state that the sovereignty of Sri Lanka is the basis for security, peace of mind, national security of every citizen and when that sovereignty is compromised it affects all the citizens.
  8. The Plaintiff has taken into account numerous special steps the GOSL had to take as a result of the resolutions and cites the example of the appointment of a team of international advisors comprising Sir Desmond de Silva, Sir Geoffrey Nice, Mr. Rodney Dickson and Prof David M Crane to assist the Commission of Inquiry into Missing Persons as having cost the State Rs.135million for 7 months. This is only one payment the State had to incur among many others to defend the nation paid out of public funds. The Plaintiff and the public have suffered loss of funds because of illegalities adopted by the UN.
  9. The Plaintiff cites that he has suffered dishonour and disgrace, disruption of sense of security, peace of mind and national security because of the impositions on Sri Lanka caused by the investigation and proposed resolutions against Sri Lanka.
  10. The Plaintiff also cites the inconvenience and mental harassment experienced by him for the losses to public funds of the country as a tax-paying citizen.
  11. The Plaintiff reminds that on 2 September 2015 he wrote a letter of demand to the Defendant giving two weeks for a response by an admission in writing that the investigation against Sri Lanka was illegal or an apology in writing for the inconvenience, mental harassment and financial loss caused by the investigation. Copies of the letter has been annexed to the case. Replies had not been received however.
  12. The Plaint has been valued at Rs.10million for purposes of stamp duty.
  13. The Plaintiff requests The District Court of Sri Lanka to
    1. Issue an order requiring the UNO to admit in writing that the investigation against Sri Lanka is illegal
    2. Issue an order requiring the UNO to apologize in writing for the disgrace and dishonour caused by the investigation against Sri Lanka.
    3. Grant costs
    4. Grant other such relief as deemed by His Honour.

This basically summarizes what Dr. Gunadasa Amarasekera has filed against the UNO.

Now it is time for the UNO to follow its own preaching. There is little point in the UNSG’s lawyers saying that they have gone through the legalities – that’s like asking the crooks’ mother if the son is a crook!

Let’s take the UN’s own phrases and terminologies because if a plaintiff is saying that the UN and its bodies have adopted illegal resolutions and investigations against Sri Lanka, international judges, prosecutors, lawyers and investigators selected by the UN is certainly not correct to deny the case.

If the UN sees fit to point fingers, the UN cannot object to having its own system investigated by completely outside judges and jurors. It is therefore now the onus of the UN General Assembly to seriously view the prima facie case against the UN by a very honourable, respected and senior citizen of Sri Lanka and have countries that have not been part of the resolutions against Sri Lanka to select judges/jurors to investigate if the UN has acted in violation of its Charter and whether illegalities have occurred against Sri Lanka.

If the UN has not done any illegality it has no reason to oppose being investigated by judges outside of the UN system and judges who have no links to the nations who have by way of drafting or voting against Sri Lanka shown that they have been party to the illegalities against a UN Member Nation.

Of course if illegalities have taken place, it would only require a call to throw the case to the dustbin but we sincerely hope that what the UN preaches it actually practices. The onus is also on the current Sri Lankan Government to use this case to defend the nation. The lawyers now coming forward to defend the Sri Lankan War Heroes must use and cite this case.

We look forward to the case being taken on the merit of its argument and for the domestic judges to show their legal prowess which would come under international attention and highlight how independent Sri Lanka’s judiciary is in the manner it takes up the case.

The nation owes much to Dr. Gunadasa Amarasekera for the magnanimous thought it taking on the mighty UN and challenging the legality of its actions in a domestic court.

Shenali D Waduge

 

25 Responses to “Dr. Gunadasa Amarasekera makes history : Sri Lankan takes UN to court ”

  1. Christie Says:

    Thanks Dr Amarasekara

  2. vyasan Says:

    Very good initiative taken by Dr. Gunadasa Amarasekara to protect and preserve the sovereignty of Sri Lanka from those so-called” international ‘ institutions that mostly run on the funding by certain powers to promote / or maintain their own interests. I have mentioned it earlier too in my comments, that institutions like OHCHR /UNHCR do operate like MNCs (Multi-national Corporations) based on profit making alone, and these bodies functions for the interests of the western powers, as all those officials who work there are hired and paid by them.

    Never allow them to interfere in the affairs of an independent nation like SriLanka. We do not want to be controlled by them – not in any form or on any pretext- nor happy to be slave to them! Thank you Dr. Amarasekara!

  3. Susantha Wijesinghe Says:

    THANK YOU SHENALI FOR PUTTING THIS ON THE LANKA WEB. I HAD OCCASION TO READ IT BEFORE IT APPEARED IN THE LW. A FRIEND IN SRILANKA EMAILED IT TO ME.

    LET US ALL GET TOGETHER AND THANK DR. GUNADASA AMERASEKERE FOR HIS PATRIOTIC RESOLVE TO HIT BACK AT UN INTERLOPERS WANTING TO EAT SRILANKA. THIS WHOLE ISSUE IS ORIGINATED BY THE TAMIL TERRORISTS DIASPORA. PERIOD. THE UN SYSTEM IS SO CORRUPT, THEY ARE SINGING FOR THEIR SUPPER.

    ALL PATRIOTIC SRI LANKAN LAWYERS SHOULD BE IN THE VANGUARD TO HELP DR. GUNADASA. LAWYERS !!! PLEASE DECIDE, IT IS NOW OR NEVER. AFTER UN HAS BEEN BLOWN INTO SMITHEREENS, THE NEXT SUBJECT IS ***THE BRIDGE FROM INDIA TO SRILANKA, TO CREATE AN EXODUS OF DALITS FROM TAMIL NADU TO SRILANKA. THIS HAS TO BE STOPPED IN ITS TRACKS. THE DAMNING POLITICIANS WHO HAVE A LITTLE BIT OF PATRIOTISM LEFT SHOULD INITIATE TO STOP THIS DISASTROUS VENTURE.

  4. gdesilva Says:

    If this case proves that UNO has conducted an illegal inquiry then a few of the Sri Lankan Airlines planes might disappear or be shot down just like the disappearance and bringing down MH370, MH17 and Air Asia planes after the war crimes trial against Bush and Blair initiated by Dr. Mahathiar!

  5. Indrajith Says:

    Our heartfelt gratitude to Dr.Gunadasa Amarasekera, Mr. Kapila Gamage and all others who took part in this historic event!

  6. helaya Says:

    Thank you, Thank you Thank you Dr. Amarasekera.

  7. Sarath W Says:

    Thank you Dr Amarasekara.

    Finally we have a patriotic Sri Lankan with a back bone and some vision. Mahinda should have done this years ago instead if winging now. As a loyal supporter of MR, I commented several times that MR should have,

    1. Called a parliamentary election soon after May 2009 victory and seek a mandate to abolish the 13th amendment.
    (He did not do this to please those goons in provincial councils who would have lost their perks.)

    2. He should have agreed to an international investigation for alleged war crimes conditionally, (a) first conduct an international investigation on illegal invasion of Iraq by US and it’s allies to show the impartiality of UNHCR, (b) the international inquiry should investigate the war from 1983 to May 2009, not only the final phase and (c) investigate the countries that trained and supplied weapons to terrorist in Sri Lanka and (D) the countries that gave refuge to terrorists and allowed them to freely raise funds to buy weapons, display Tiger flags and other criminal activities.

  8. Dilrook Says:

    A very good initiative by Dr Gunadasa Amarasekera. Unlike politicians and their henchmen who call themselves patriots, Dr Amarasekera has stood firm in his patriotism. He is one of the very few who still insists 13A must be abrogated. A call that always fall on deaf ears and most people are now convinced 13A cannot be removed. Not Dr Amarasekera.

    The UN cannot be bound by a District Court verdict. However, the point is to punish local crooks who might connive with the illegal and intrusive approach of the UN and its agency UNHRC. Yet again if they function under the President who is immune from court action, these local crooks can escape justice. However, that puts the president in the spotlight and he will try his best avoid getting into it.

    Sri Lanka has quietly given into the 3 UNHRC resolutions despite loudly refusing to cooperate initially. People have been taken on a ride. Even Channel Four crew and Navi Pillay were allowed to visit the island who exploited that opportunity to the maximum to visit those who cry foul about war crimes. These acts of national suicide must be avoided at least now.

    According to informed sources, the draft Indian-US resolution being discussed with Sri Lankan representatives omits the hybrid court demand. This is to keep the India-US imposed UNP regime alive. Hybrid court imposition is so unpopular that it will affect the longevity of the India-US installed UNP regime.

  9. Independent Says:

    Unlike politicians and their relentless henchmen who call themselves patriots, Dr Amarasekera has stood firm in his patriotism. He is one of the very few who still insists 13A must be abrogated. A call that always fall on deaf ears and most people are now convinced 13A cannot be removed. Not Dr Amarasekera.

    Sri Lanka ( and specially MR) has quietly given into the 3 UNHRC resolutions despite loudly refusing to cooperate initially. People have been taken on a ride. Even Channel Four crew and Navi Pillay were allowed to visit the island who exploited that opportunity to the maximum to visit those who cry foul about war crimes. These acts of national suicide must be avoided at least now.

    According to informed sources, the draft Indian-US resolution being discussed with Sri Lankan representatives omits the hybrid court demand. This is to keep the India-US imposed UNP regime alive. Hybrid court imposition is so unpopular that it will affect the longevity of the India-US installed UNP regime.

  10. Ramanie Says:

    Can someone please give us a brief profile of this great hero (Dr. Gunadasa Amarasekera). I propose that we establish a US $ account to disburse any expenses this initiative may incur. Ramanie.

  11. ranjit Says:

    Dr.Gunadasa Amarasekera is a true Patriot whom I like and admire very much. We need people like him not jokers like Sira/Ranil to lead our country.Leading human rights violator is America so why no one investigate them before others and punish them? Sira and Ranil do not have backbone to stand up against these hypocrits because they are their masters who helped them to grab power thru illegal means. We all peace loving people in this country should oppose fearlessly all undemocratic actions this Jrapalanaya Govt takes on behalf of our homeland. We have to stand up with Mahinda and the group until we save the country from International and local traitors who collectively will destroy the unity and the sovereignty of our nation.

  12. Dr.K Says:

    It’s a great initiative to make a big voice against the highly biased UN High Commissioner for Human Rights who have acted illegally against Sri Lankan soldiers for bringing the peace to the Sri Lankan citizens who did suffer terrorism for more than 30 years. Well done Dr. Gunadasa Amaraselara.

  13. Asanga Says:

    One of the main factors, that might make the difference in preventing us sliding back into the despair of war and instability and becoming another Iraq, Libya or Egypt is the quality , intelligence and the capabilities of the men and women among our Sri Lankan patriots.

    These men and women: Ex-Soldiers, Lawyers, Scientists, Intellectuals, Media Figures, Journalists and yes, even Politicians among others, need to be the bulwark against which the tidal waves of the Neo-Colonists should break.

    May the Noble Triple Gem protect Dr. Gunadasa Amarasekera in his quest.

  14. S de Silva Says:

    Thank you Shenali for highlighting this valuable contribution by Dr.Gunadasa Amarasekera and other contributors here as a vital course of action – which was sadly overdue. Successful Legal action against lies and falsehood everywhere as appropriate is our only salvation and I am praying that for the sake of the future of our country, the lead will be taken voluntarily by our key members of the Legal Fraternity. If only the GoSL did what was necessary Legally and in time, we will not be in this mess now! ….. S de Silva – London

  15. bathgediya Says:

    Thank you Dr.Gunadasa Amarasekera

  16. anura seneviratna Says:

    Ayibo Dr. Gunadasa Amarasekara, grateful thanks for your noble and supreme action in the justifiable defence of our country and the same goes to all those patriots offering support to him. As Ramanie proposes a monetary contribution toward this unique national venture is most welcome.

  17. Fran Diaz Says:

    Salutations to Dr Gunadasa Amarasekera. We wish you every success in this noble act.

    At last, after the end of the War with the LTTE, a Heroic Sinhala Buddhist has done correct and courageous thing ! There are many more such people – join the great Dr Amarasekera to SAVE SRI LANKA. Tell the truth of matters and stay with the Law of the Land.

  18. Charles Says:

    This is a great initiative no body had thought about.

    It is an excellent idea as the UN and its hierarchy and the U N High Commissioners have been acting as infallible authorities who could get away with any thing. Zaid, Ban, Navi and the rest have no special intelligence to counter the leaders of Sovereign member states and impose their whims and fancies. The political leaders of Sri Lanka who finally ended terrorism are of far greater intelligence than the UN pandits who sit in comfortable rooms to read what ever nonsense is put before them and make statements thinking they are demi-Gods because they have the letters UN as decorations

    Navi Pillai was aTamil a sympathiser of Prabhakaran and she wanted to take revenge from Sri Lanka. Zaid himself said about the UN Report that it is unique, and what makes him think that Sri Lanka should accept hybrid or what ever courts proposed by him or any one else as they do not know anything of what went on in Sri Lanka for 30 long years , which they reduced for their convenience a few days of the last phase of the terrorist war, to make a lopsided inquiry and pass judgement on Sri Lanka and on its heroic armed forces.

    Our Judges should be fearless to establish the truth. Thank you Dr. Amarasekara, and every one behind you in this historic stand, and Shenali

  19. Mr. Bernard Wijeyasingha Says:

    Excellent legal case

  20. Cerberus Says:

    Congratulations to Dr. Gunadasa Amerasekera for filing this case against the UNO. This proves there is at least one exceptionally brave intellectual Sri Lankan among the 20 million. What the UNHRC is doing is so blatantly illegal. If the OHCHR interested in investigating Human Rights they should start with the largest violations of Human Rights in the world. So much damage has been done to the people of many countries by some powerful states, that it is unbelievable that the whole world can keep silent on these atrocities just because the perpetrators are the powerful ones.

    India is another big perpetrator of Human Rights violations. The Caste system is elitist on a forever basis. it believes that humans are UNEQUAL by the nature of their birth. India has 320 million Dalits, (earlier Untouchables), 100 million Adivasi (Tribals) and 180 million Muslims. Over 95% of them are extremely poor, extremely disenfranchised. The persons caste is put on the birth certificate when they are born. So what chances do they have? The only chance for millions of them is to get out of India to a country like Sri Lanka where they do not have caste on birth certificates and in addition they get free education and free health care. In the case of Tamils, even the Tamil Language is in place (National/Official) in Sri Lanka, and this is not so in any other country in the whole world, not even in Tamil Nadu. So they flock in millions to Sri Lanka. Yet when they leave Sri Lanka to the West it is Sri Lanka that they despise and speak against, not Tamil Nadu or India. There are also millions of Tamil Dalits in other countries such as Malaysia, Fiji, Mauritius, Madagascar, South Africa, Canada, Australia and Europe. None of these Tamils ask for a separate state in those countries, only in Sri Lanka. Neither do they speak against those countries. Please see attached:

    http://www.lankaweb.com/news/items/2015/09/20/its-now-dalits-vs-non-dalits-in-tamil-nadu/

    http://www.lankaweb.com/news/items/2015/09/20/atrocities-against-dalits-high-in-tamil-nadu-claims-ncsc/

    When will those people receive justice for their suffering? Let us hope Sri Lanka’s case, among others, will open the eyes of the world to the tyranny of the world by UNO to achieve the geopolitical objectives of their bosses.

  21. Lorenzo Says:

    Yes. We should HELP GA the best way we can.

    This is a GOOD CASE with a lot of chance of winning. We should finance this. (Unlike cases filed by some Singhala people that always lose and we tried to contribute to them).

  22. nilwala Says:

    Dr. Amerasekera has once more stepped into the forefront to present the case for the legal defense of the Sinhala Buddhist people of Sri Lanka. The majority community of the country needs to honor him for his continued commitment to protect the nation’s sovereignty, and his initiative in seeking legal redress from the world body whose own arm, the UNHRC has sought to harass Sri Lanka for having defeated the LTTE – one of the world’s cruelest terror groups . Thank you, Dr Amerasekera!!

  23. Sooriarachi Says:

    This is a courageous move by Dr Gunadasa Amarasekara, which could at least expose the unethical practices of the HNHCR and the bully boys who had been acting with impunity. This will also highlight that there are two other important reports, prepared by the “Missing Persons Investigation Commission” and the advisers to this commission, led by Sir Desmond deSilva, available for scrutiny by the International Community, but for some reason left in the backburner by the Sirisena/Ranil administration. Wishing the best of luck to Mr Amarasekara for a successful outcome, where the

  24. Nimal Fernando Says:

    We salute you, Dr. Gunadasa Amarasekera.

    The Motherland should never despair while she has such patriots as you to count on ….

  25. Hiranthe Says:

    We salute to you Dr Amarasekara.

    You are a true son on Mother Lanka. You have made her happy in these dark days…

    Thank you for your efforts. Now everyone should support this cause.

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