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Tamil National Alliance (TNA) MP M.A. Sumanthiran has lodged complaints with the acting Inspector General of Police (IGP) and the Elections Commission (EC) against three newspapers that have allegedly published “blatantly” false news propagating racial hatred.

Sumanthiran through his lawyers has written to the acting IGP to open an investigation to an offence under Section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act, No.  56 of 2007.

The lawyers for Sumanthiran have stated that three articles have been published in three newspapers – Mawbima, Ceylon Today and Aruna - that attribute to their client’s words to the effect that the Tamil people should vote for Sajith Premadasa in order to defeat the Sinhala people, or similar variations.

“We are instructed by our client that the said reports are blatant falsehoods. Our client unequivocally denies making such a statement. These false reports are a propagation of racial hatred that constitutes incitements to discrimination, hostility or violence, which amounts to an offence under the ICCPR Act,” the complaint has noted.

“In the circumstances, we kindly request to immediately investigate the matter and take steps according to law including reporting fact to a magistrate and apprehending those responsible. Our client looks forward to cooperating fully with a criminal investigation launched into this matter and trusts the matter will receive your fullest attention,” Sumanthiran’s lawyers have added.

Ahimsa Wickrematunge, who is the daughter of slain Editor of The Sunday Leader, Lasantha Wickrematunge, says she fears the repercussions if Sri Lanka Podujana Peramuna (SLPP) presidential candidate Gotabaya Rajapaksa wins the presidential election.

Issuing a statement Ahimsa has said that many people say this election is a simple choice between democracy and dictatorship.

“What I see is more personal. I see a young child who grew up in the shadow of an invincible, incredible and beloved father. I see someone whose life was turned upside down the moment their father was murdered in a despicable and cowardly act of terrorism. I see someone who faced the terrifying challenge of trying to inch forward their father’s mission. In so telling the story of how candidate Sajith Premadasa came to be, I cannot escape the feeling that his journey, his anguish and his struggles have closely mirrored my own,” she has noted.

Ahimsa has said the events that shaped Sajith Premadasa into who he is today resonate strongly with her because the same experiences and challenges made her who she is.

“At this election, one choice is a man forged in the same fires that moulded my own soul. The alternative is the coward who celebrated my father’s murder on television. Even Prabhakharan did not boast about his senseless slaughter of President Premadasa. But Gotabaya Rajapaksa could not hide his glee when a death squash killed my father. When evidence emerged linking the military to this attack, he did not promise to investigate or protect other journalists. He vowed to shield the perpetrators from justice. Only cowards meet words with bloodshed,” she has stated.

According to Ahimsa, Gotabaya Rajapaksa, in the face of countless criminal charges, has never proved his innocence and instead has always wriggled out through delays and technicalities.

She has added that she is terrified that if Gotabaya Rajapaksa becomes President, many brave police officers, prosecutors, witnesses, judges and journalists who have crossed his path in the line of duty will find themselves on the firing line.

New Democratic Front (NDF) presidential candidate Sajith Premadasa has condemned President Maithripala Sirisena’s decision to grant a presidential pardon to Royal Park murder convict Shramantha Jayamaha, saying as president, he would never abuse the power of granting pardons.

Premadasa has made this observation on his Twitter account. He has stated, “I condemn the President’s decision to pardon Yvonne’s killer. As someone whose father was murdered, I understand the family’s grief. We cannot be bystanders to violence, especially against women. As President I will never abuse the power of pardon.”

Jayamaha was sentenced to death for brutally murdering 19 year old Swedish-Sri Lankan national Yvonne Johnson at the Royal Park condominium in June 2005.

Meanwhile, National Peoples Power (NPP) presidential candidate Anura Kumara Dissanayake in a statement has said the President’s decision was unfair, unlawful and unjustifiable.

However, Sri Lanka Podujana Peramuna (SLPP) presidential candidate Gotabaya Rajapaksa is yet to announce his opinion about the presidential pardon to a murder convict.

The social media campaigns that are being carried out by the Sajith Premadasa camp and Gotabaya Rajapaksa camp claiming victory to their respective
candidates citing a survey carried out by the State Intelligence Service (SIS) has been identified to be false.

The SIS has the mandate of carrying out a polls survey for the presidential election and any other national level election in order to hand over to the head of state. However, this time around, the SIS has not been assigned to conduct such a survey by the head of state.

However, various social media groups have release several reports predicting the outcome at the upcoming presidential election citing they have been sourced from the SIS and National Intelligence Bureau (NIB). The NIB it is learnt is now defunct.

It is interesting that the reports, which are said to be surveys predicting the outcome, have been prepared as a final election result.

Meanwhile, the Elections Commission Chairman Mahinda Deshapriya has said that some politicians and loyalists of the two main candidates were engaged in a false campaign stating their respective candidates have recorded a lead in the postal votes that have been cast.

He explained that the postal votes counting will commence on after 5 p.m. on November 16th.

Issuing a statement, Deshapriya has said that publicizing false statements about the performance of two candidates at postal voting would have an adverse impact on the other candidates.

Opposition Leader Mahinda Rajapaksa recently stated at a public rally that SLPP’s Gotabaya Rajapaksa was leading the postal votes.

Despite various propaganda campaigns being carried out between the two main contenders about their imminent victory at the presidential polls, reports from diplomatic sources reveal that there is a close battle between the two candidates and that neither of them have secured a 50% of the votes.

According to those reports, Gotabaya enjoys around 42% of the votes while Sajith is at 40%.

However, it is believed that Sajith would take the lead once his election manifesto is properly marketed in the Northern and Eastern Provinces.

The Commonwealth election observers assigned to observe the presidential election this week has called on stakeholders to demonstrate commitment to a “peaceful, transparent, credible and inclusive” poll.

Issuing a statement, Chair of the Commonwealth Observer Group (COG) and former Ghanaian interior minister, Prosper Bani said that the responsibility to act with integrity rests with all stakeholders, from the Election Commission, political parties, media, security agencies, civil society and voters.

“We hope that our group’s presence will support the strengthening of democracy in Sri Lanka.”

“The group’s mandate is to observe and evaluate the pre-election environment, polling day as well as the post-election period.”

The COG will receive briefings from relevant stakeholders including election management officials, representatives of political parties, civil society groups, the police, members of the international community and citizen and international observers.

On Thursday, observers will deploy to various provinces across the country to observe preparations ahead of polling day.

Subsequently, they will observe the opening of polls, voting, counting and the management of results from Election Day until their departure from Sri Lanka on 22nd November.

The COG will issue an Interim Statement of its preliminary findings shortly after 16 November. The final report will be submitted to the Secretary-General and made available to the public afterwards.

The Commonwealth Observer Group was invited by the Sri Lankan Election Commission to observe the 16 November poll.

The All Ceylon Makkal Congress (ACMC) blew an election fraud whistle on 8 November saying that fraudulent vote buying with cash is being planned. ACMC also cautioned voters to not to ‘sell their votes for a few extra rupees.’

“We have been informed that in the coming days, organised vote buying will take place in the Mannar area to defeat Sajith Premadasa and us. Do not be deceived by a few extra rupees,” said the Leader of ACMC, Vanni District MP Rishad Bathiudeen.

Bathiudeen, joined by NDF Presidential Candidate Sajith Premadasa and Leader of SLMC Rauff Hakeem, was addressing the 117th NDF rally held at Mannar Sports Grounds on 8 November. A large crowd gathered to witness the 8 November NDF rally in Mannar. The ACMC has pledged its support to Presidential candidate Sajith Premadasa of the UNP led New Democratic Front (NDF) alliance in the forthcoming Presidential election.

“The forthcoming Presidential Election is not a regular Presidential Election but one that will be very decisive for Sri Lanka’s future. The ‘freedom’ or ‘slavery’ of Sri Lankan minority communities will be decided based on the outcome of this election,” Bathiudeen said.

“Therefore your vote needs to be cast very carefully. It is very important that we should be united. The Tamil speaking parties and minority parties are united is their support for NDF candidate Sajith Premadasa in order to safeguard them against an oppressive tyranny that will enslave them. Our effort is to stand together to preserve our human dignity and stand against oppression of minorities of our own country. The forces that attacked minorities, minority leadership, minority businesses and trade and wanted anarchy here since the end of war have now banded together with the opposition Presidential candidate to enslave us. They are getting together with a view of enslaving the minorities. These racist elements should be defeated. Therefore, your duty in this is to vote for Sajith Premadasa on 16 November."

Minister Bathiudeen reiterated the importance of using your right to franchise. "Do not neglect or ignore your voting power. This challenge is not about two opposition Presidential candidates but about anarchy in our country and enslaving of minorities versus Sri Lanka’s democracy and justice. We should emerge from this challenge safeguarding our livelihoods, economy, our rights-this is our own country and we should not let anyone enslave us in our own country. The way to defeat such racist forces is to stand united as minorities. We should show that the minority voice needs to be respected when choosing the President of our country."

"We have been informed that in the coming days organised vote buying will take place in Mannar area to defeat Sajith Premadasa and us. Some wealthy persons in this area are preparing to hand out cash to buy your votes in favour of opposition candidate. Do not be deceived by a few extra rupees and do not sell your votes but cast your vote to bring the largest number of votes from Mannar for Sajit Premadasa’s win,” he said.

Vote buying is illegal and a fraudulent practice in Sri Lanka. Section 66.(d) of Presidential Elections Act No. 15 of 1981 stipulates that any person “who sells or offers to sell any ballot paper to any person or purchases or offers” shall be guilty of “an offence and on conviction by the High Court, be liable to imprisonment of either description for a term not exceeding two years and shall, by conviction, become incapable, for a period of seven years from the date of his conviction, of being registered as an elector or of voting at an election.”

The statement by former MP and presidential candidate, Milroy Fernando that the Election Commission (EC) Chairman had informed him that there were no documents submitted to the EC to verify whether Sri Lanka Podujana Peramuna (SLPP) presidential candidate Gotabaya Rajapaksa had relinquished his US citizenship has placed doubts once again over Gotabaya’s US citizenship status.  

Fernando told the media after meeting the EC Chairman that he had submitted a letter to the EC requesting copies of the certificates and documents submitted by Gotabaya to certify that he was no longer a US citizen.

“However, the EC Chairman said he can’t give any documents because he had not received any. We reiterate that Gotabaya is still a US citizen and as such, it is wrong for him to contest. If we elect a person like him, then we will be electing a US citizen to the presidency,” Fernando said.

He further expressed disappointment over the statement made by Gotabya’s counsel, President’s Counsel Ali Sabry that all documents pertaining to his client (Gotabaya) relinquishing his US citizenship had been submitted to the EC.

“But not a single document that shows Gotabaya has relinquished his US citizenship had been submitted to the EC. Therefore, it is a laughing matter to field such a candidate and for the President’s Counsel to lie in this manner to deceive the public and attempt to take them for a ride. We request the people to decide wisely whether to elect a US citizen or a Sri Lankan citizen as the president of the country,” Fernando added.

Meanwhile, President’s Counsel Upul Jayasuriya has also noted that Election Commission Chairman Deshapriya had informed that SLPP presidential candidate Gotabaya Rajapaksa has not submitted any document regarding the renunciation of his US citizenship to the Commission.

Jayasuroya addressing a press conference said the EC Chairman had conveyed this to their fellow President’s Counsel Thisath Wijegunawardene when he had inquired this from the Chairman.

However, Attorney Ali Sabry on Sunday told the media that all documents related to Gotabaya’s renunciation of US citizenship were handed over to the Elections Commission a few months ago.

President’s Counsel Jayasuriya has now rejected Ali Sabry’s statement saying Gotabaya had not submitted any of the documents related to the loss of his US citizenship at any occasion.

“It is a question to be asked as to why the relevant documents were not submitted when the nomination was handed over to the Commission. The documents should have been submitted at that point without leading this issue to such a quandary,” Jayasuriya said, adding. “it was more baffling that the name of Gotabaya Rajapaksa was not in the list of those renounced US citizenship as at September 30 this year “

“If Mr Rajapaksa is actually concerned about the matter and wants to convince that he is no longer a US citizen, what can be done is to make a request to the US State Department so that it can reveal its official stance and can question as to why his name is not included in the list. However, Mr Rajapaksa is not into such a move,” Jayasuriya observed.

“Nobody other than Mr Rajapaksa can make that request and not even the US or Sri Lankan governments or any other official can make it because of the confidentiality that is being maintained between the US Department and the applicant, Gotabaya Rajapaksa ” he added.

However, EC Chairman Deshapriya has said it is not the business of the Commission to inquire about candidates’ citizenship and as such the EC had not asked them to furnish any documents pertaining to their citizenship.

Deshapriya has told the media that the EC had not asked any candidate to produce any documents pertaining to the renunciation of other countries’ citizenship and added they had no relevance to that.

“We do not examine any documents of renunciation of citizenship on the submission of nomination or prior to that,” he has said.

The Tamil National Alliance has said it had decided to support Premadasa considering the past and future actions and policies and that they have not placed any pre conditions as states by SLPP parliamentarians and certain mainstream media aligned to the SLPP.

All parties in the Tamil National Alliance (TNA) yesterday (7) announced the decision to support New Democratic Front (NDF) presidential candidate Sajith Premadasa at the upcoming presidential election.

The TNA making an official announcement stated that all alliance members have reached a consensus to back Premadasa.

Furthermore, the TNA also stated that issues regarding missing persons, detainees, land release, resettlement, and rehabilitation should be addressed by the new President.

The Human Rights Watch (HRW) has noted that the winner of Sri Lanka’s presidential election on November 16, 2019 will face enormous challenges to deliver justice for past crimes and prevent future abuses.

HRW has stated issuing a statement that since Sri Lanka’s civil war ended in 2009, there has been progress on the right to free expression, but no accountability for war crimes and other abuses committed by both sides.

Sri Lanka’s next president needs to make real progress on the 25 human rights commitments, including accountability for war crimes, made in a 2015 consensus resolution of the United Nations Human Rights Council (UNHRC). In March, Sri Lanka again joined a unanimous council resolution renewing its 2015 commitments. The resolution encourages the government of Sri Lanka to develop a “time-bound implementation strategy” for delivering on its commitments in full.

“Sri Lanka’s presidential election is certain to have important implications for human rights in the country, including justice for wartime violations,” Meenakshi Ganguly, South Asia director stated. “Whoever is elected president will be under domestic and international scrutiny to ensure that Sri Lanka meets its human rights obligations.”

The Sri Lankan government has had a mixed record in carrying out the council resolution. Both an Office on Missing Persons (OMP) and an Office for Reparations have been established, although neither is fully functioning. While serious concerns persist, there has been some progress on returning land occupied by the military during the conflict to its owners,.

However, the government has not kept its pledge to replace the Prevention of Terrorism Act (PTA), which has long been linked to indefinite arbitrary detention and torture. New concerns have arisen over freedom of expression and peaceful assembly in predominantly Tamil areas in the north, as the UN special rapporteur Clément Nyaletsossi Voulé documented earlier this year.

Following the terrible Easter Sunday bombings in April, violent mob attacks erupted against members of Sri Lanka’s Muslim minority and migrants. As with similar episodes in recent years, the authorities failed to protect minority group members from attacks or act against those responsible.

Most crucially, the government has made no progress in its commitment to create a transitional justice mechanism to promote “reconciliation, accountability and human rights” in the country. Opposition by politicians to prosecuting “war heroes” ignores the demands of citizens who have spent a decade holding vigils, seeking the whereabouts of missing loved ones, and calling for those responsible for abuses to be brought to justice.

In March, the UN high commissioner for human rights, Michelle Bachelet, told the Human Rights Council that in Sri Lanka: “there has been minimal progress on accountability. Continuing impunity risks fuelling communal or interethnic violence, and instability. Resolving these cases, and bringing the perpetrators of past crimes to justice, is necessary to restore the confidence of victims from all communities.”

“Sri Lanka’s next government will have its work cut out to meet the country’s human rights obligations,” Ganguly said. “No Sri Lankan should again have to live in fear of torture, enforced disappearance, or extrajudicial killings.”

Prof. Channa Jayasumana, who was in the forefront campaigning for Gotabaya Rajapaksa to be named the Sri Lanka Podujana Peramuna (SLPP) presidential candidate, says that he has been sidelined after Gotabaya obtained nominations to contest the upcoming presidential election.
He has added that he would likely be completely discarded even if Gotabaya wins at the elections.

Prof. Jayasumana has made these observations while addressing a book launch.

He has further said, “In fact we made sacrifices during the past four years as the National Movement and to bring forward a candidate with the support of the maha sangha. I personally believe that we were successful in the endeavor. But now we don’t have a value after nominations were handed over. I must state this now. Also, I personally believe that we will lose even the last bit of importance we have now after the elections conclude.”

“A lot of people now state that they don’t want the current 225 and that they need an educated generation to represent them at the next election. Do you think that the educated will be given nominations? Leave aside the educated generation, it is now becoming difficult to even give nominations to the existing lot in some districts,” he has said.Prof. Jayasumana has further stated, “We will therefore have a lot to think about. There are some issues that we have not spoken about mainly because it is the presidential election period. They are Hisubulla’s university, Shafi’s actions and those related to them. These topics are either purposely ignored are spoken of very little. One reason is because we get calls asking us not to speak about these matters if we make any statement about them. The other reason is that we could be accused of engaging in a destructive path from within the camp. Therefore we are forced to bear with some issues. This does not in any way mean that Hisbullah’s university is good or that Shafi did not do anything. We firmly believe that there needs to be independent investigations into these matters.”

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The Attorney General has requested the Chief Justice to appoint a Trial-at-Bar bench to hear the case of the abduction and disappearance of 11 youth.

The 11 youth were allegedly abducted in Colombo and its suburbs between 2008 and 2009 and were allegedly tortured in a secret cell at the Gunside Navy Camp.

Former Sri Lanka Navy Commander Admiral Wasantha Karannagoda and Commodore D.K.P Dassanayake are among the suspects named in the Magistrate’s Court inquiry.

New Democratic Front (NDF) presidential candidate Sajith Premadasa says that once voted into office he would appoint a new prime minister who could command a majority in parliament.

"I will not include any individual accused of corruption in my ministerial cabinet," he said making a special announcement yesterday (7).

The NDF candidate’s remarks came after Prime Minister Ranil Wickremesinghe recently told reporters that he would continue to remain in his position as Prime Minister under a Premadasa presidency.

Premadasa noted that he would appoint a cabinet of ministers comprising of young and skilled individuals who would publicly declare their assets and liabilities and would conduct the parliamentary elections at “the earliest,” and appoint a “stable government” that would see only professionals and women entering parliament through the national list.

“Nepotism and the old corrupt political system should end. Authoritarian politics which sees individuals clinging onto power by use of force or violence should end,” Premadasa added.