Exasperation and desperation of silly Sirisena , Brigadier’s squalor and diplomatic privileges …

Exasperation and desperation of silly Sirisena , Brigadier’s squalor and diplomatic privileges …

By Diplomatic mission officer (retired)

(Lanka-e-News – 08.Feb.2018, 11.30PM) It is a matter for deep regret Pallewatte Gamaralalage Sirisena has demonstrated and confirmed once again that he is ignorant of the country’s laws and regulations so much so that he does not have even that little Read more >>

(Lanka-e-News – 08.Feb.2018, 11.30PM)  It is a matter for deep regret Pallewatte Gamaralalage Sirisena has demonstrated and confirmed once again that he is  ignorant of the country’s laws and regulations so much so that he does not have even  that little knowledge a remote village grama  sevaka is expected to have, leave  alone his lack of knowledge of a State’s diplomatic affairs.

It is a well and widely known fact,   to the consternation  of all he reinstated a brigadier who was interdicted by the foreign ministry for behaving in a grotesque uncivilized  manner that damaged the image of the country , and on grounds of gross indiscipline.

Vienna Convention ..

It is a universally acknowledged fact that Diplomatic officers  are expected to serve as bridges between nations and build cordial  international ties. They  cannot therefore violate  international laws and rules under any circumstances. In the Vienna convention pertaining to  diplomatic affairs, it is clearly stipulated , they cannot exceed their limits . That is they cannot  act beyond their powers and duties to hinder any  section of the population .

Any diplomatic officer  can enjoy  immunities only if he carries out  his duties duly without causing harm or hindrance. He cannot exploit his immunity to threaten or intimidate others .In fact he cannot disclaim responsibility even in a traffic offense citing his  immunity , to  escape the penalty of fine. If the officer conducts himself in a manner that  obstructs the public , the officer ‘s motherland can under the  laws demand his/her  repatriation;   take action under its laws;  or dismiss him/her from the post.

When viewing this within    the confines of the law ,the brigadier who is  the accused by making veiled or overt threats has acted in breach of the provisions of Vienna convention. He had issued threats to an individual who protested in order to articulate his views  in a free country ,  and subjected him to distress. He has indeed  challenged  the right to freedom of a citizen of that country.

In every main Institution at every place in London , the rights of the citizens are vividly displayed. Hence even if a finger is pointed at an individual it can be construed as a threat and legal redress can be sought. Therefore  ‘slitting the throat’ gesture of the brigadier can be interpreted  as a threat , and the citizen of that country who staged a  protest legally can evoke the laws of that country  against the brigadier.

Gladstone and Brigadier

We think we should shed some  light  on this protest in order that  Sri Lankans who do not know the actual background can understand it more fully…

As in SL so in London , protestors cannot stage protests         whimsically at any time and at any place as  they want .They must obtain prior permission  ,and a payment must be made  on that account.  Based on the permission  granted the Police allocates a venue and a definite time limit for the protest . Moreover the protestors have to abide by a number of rules and regulations when they are engaged in the protests. If  they violate the conditions and terms , those to whom the license was issued  are held answerable.

In the circumstances , the brigadier and those who are shedding tears for him may not be aware those protestors have abided by the laws and were only enjoying the rights conferred on them legally when they protested in front of the SL High Commission  .Hence if the laws of that country are evoked by a protestor against the brigadier , the course of legal action followed  in  Britain  will serve as a model for our own.

During the late Premadasa  era, because a complaint was made  to the police in connection with the casting of vote by a SL citizen , the SL government deported the  then British High Commissioner in SL ,David Gladstone on charges of interfering with the internal affairs of the country. Though Britain was a powerful country it had to keep its mouth shut , because it was Gladstone who violated  the provisions of Geneva convention.

Already two British M.P.s had made a written request to their  foreign minister to intervene at State diplomatic level on this issue. Based on that if the British Foreign ministry  makes an official  request that the brigadier be repatriated , our president’s toffee nosed instructions to keep the brigadier there will have to be swallowed by him like a sour toffee humiliatingly.

Though the SL foreign ministry secretary  acted with foresight and perspicacity  , the characteristic shortsightedness of the president   put the whole process on reverse gear. It is doubtless , because President Sirisena alias Sillysena  is fixing his gaze only  on winning elections even at the expense of national interests and thereby  muddling up the country’s foreign affairs ,he  is  certainly going to learn a bitter lesson on the same lines as deposed discarded ex president Rajapakse.

The many disadvantages …

There are many dark sides  to the  conduct of the brigadier . One …. because his behavior was  directed against the Tamil group , it could sow  doubts among the international community as regards the reconciliation  efforts  of  SL. This is because when the foreign ministry is pursuing a fixed policy , the leader of the state is villainously and myopically following a diametrically opposite policy .

Two…. Since the individual  who was involved in this ugly episode is a high ranking officer of the forces ,  suspicions the international community is harboring already against the SL forces is being confirmed  . This  incident is also adding credibility to the  charges in the documentaries  that were publicized by  popular channel 4 of Britain .Their principal accusation was , the SL forces are not disciplined.  Hence the brigadier has contributed to that accusation by his undisciplined conduct.

The third -the most  important…  The view that is propagated in Britain by the pro LTTE Diaspora that the rights of the Tamils are being deprived in SL, is being further fanned intensely by this episode.

As reported by Lanka e news earlier on  , in the latest protest   there weren’t so many participants  , unlike in the pro LTTE  protests in the past when tens of thousands took part. In the latest protest there weren’t even 500 participants. Hence this brigadier by his obnoxious conduct had given the much needed boost to the LTTE extremists,  which they would not have received even spending money. Silly Sirisena alias Sillysena despite being the president had also contributed to  multiply  that boost  two or three fold through his stupid cheap political gimmicks  .

In this delicate situation , the SL foreign ministry took the right decision initially. True enough the brigadier  is a military officer , yet he is still employed under the foreign affairs ministry . Therefore as the official appointing him , the foreign ministry secretary can take action. Moreover , the decision taken by the foreign secretary to minimize the pernicious  fallouts of this episode  is of  paramount importance.

If Britain takes action under the international convention and laws , the outcome could be most disastrous , and even the relationship between the two countries can turn bitter and be in jeopardy.

President himself violates the laws !

What was rudely shocking was ,  president taking  steps which were not in conformity  or consonance with the foreign secretary ‘s action. It is true the president has powers to release a prisoner sentenced to death , but he must understand he has no powers to rescind an interdiction order served on an individual by  the foreign ministry secretary .It is the relevant ministry secretary who has powers under the Establishment Act’s  rules and regulations. The  president  if necessary can only notify the foreign ministry secretary via his own  secretary. But  it is the ministry secretary who should implement the action.

It is a  pity , the president by issuing orders directly to the SL High Commission in Britain to vacate the interdiction order of the Brigadier has only betrayed his gross ignorance of the government rules , regulations and procedures. Besides , if there is an investigation against a State officer facing charges  , interdicting that officer until the probe is over is the common practice .

If the president himself – the highest in the hierarchy of the country is flouting the rules and regulations , he is doing an injustice to the other public servants who are facing punishment based on similar  charges. Much worse , in a country where the president himself is violating the laws , nothing can be more dangerous than that.

Hence ,what the SL government should do is get down the brigadier , conduct an investigation, and mete out punishment duly .If anyone  thinks such a move is an abject  surrender to the pro LTTE protestors , that is a misconception .

On the contrary the president himself making attempts to save the accused will only tarnish the image of the country before the entire  world. In addition it will only go to prove that there is no  rule of law in Sri Lanka .

There is also another side ….

It is the deputy High Commissioner who was close to the accused when the incident occurred, yet unbelievably he took no measures to avert this ugly episode. While the  British police were on alert and at the scene of the protest to control the  situation , the SL  diplomatic officers darting out to counter the protestors  is most reprehensible and repugnant. It is tantamount to aggravating the tension and making the situation more volatile to the detriment of the motherland. The  most rudely shocking part ?  Neither the High commissioner nor the deputy High Commissioner gave instructions  to refrain from such foolish and impetuous moves.

‘General’ Vijitha Herath and the light foretelling goddess ..

Though many people say this military officer is  law abiding, I am not ready to accept this notion because he was not attired in  the official uniform he ought to have worn at least on the independence day .On that day what he should have worn was the  Ceremonial uniform, instead  he was wearing only the ordinary attire. Vis a vis  the army laws , that alone is a punishable offence. What heroics he performed on the battle field cannot be mixed up with his misconduct  here.

Like how one is rewarded for the heroic feats , one should also be punished for one’s wrongs. That is what is state service.

In conclusion a comment must be made with regard to the statements made by a General of the forces and JVP ‘General’ Vjitha Herath  that it cannot be decided  a wrong was committed based on pictures and video footage.

As far as our knowledge goes , in the modern advanced world ,video footages and pictures are accepted as evidence . In contradistinction ,  these blokes however must be accepting as evidence only the pictures produced by light foretelling goddess’ and Hanuman’s 

-A High Commission Officer (Retired)

Dr. Ratnadeva

by     (2018-02-09 03:03:28)

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