|
Fonseka arrested under Army Act:
Court Martial or Civil trial on AG’s advice
Rafik Jalaldeen
| Trial of offenders
who have ceased to be subject to military law
57 (1) Where a person subject to military
law commits any offence and thereafter ceases to be a person
subject to military law, he may be taken into and kept in
military custody and be tried and punished for that offence
by a Court Martial:
Provided that he shall not be so tried
after the lapse of six months from the date of the
commission of such offence unless such offence is the
offence of mutiny, desertion, or fraudulent enlistment.
(From the Army Act) |
At International War
Crimes Tribunal:
Fonseka to reveal all
Former Army Commander and Chief of Defence
Staff General Sarath Fonseka told the media in Colombo that
he was prepared to give evidence in an International Court
on War Crime charges against Sri Lanka, the Sinhala Service
of the BBC said Monday.
“I am definitely going to reveal what I
know, what I was told and what I heard. Anyone who has
committed war crimes should definitely be brought into
courts,” said the BBC quoting the General.
|
Military Spokesman Major General Prasad Samarasinghe said the Sri
Lanka Army will decide to hold a trial on the evidence against retired
General Sarath Fonseka either at a Court Martial or Civil court after
summary of evidence is forwarded to the Attorney General for his advice.
 Addressing
the media yesterday at the Media Centre for National Security, Defence
Affairs Spokesman Minister Keheliya Rambukwella said the former Army
Commander and Chief of Defence Staff General Sarath Fonseka was arrested
by the Military Police on Monday at around 9.00pm on charges of
committing alleged violation of Military law during his tenure as the
CDS.
The Security Council is the highest body which deals with the most
secret national security decisions. Fonseka was a prominent member of
the SC when he was the Army Commander and the CDS. “While he was a
member of the SC, he had conducted and shared deals with political
parties against the Government which he shouldn’t have done as a
military official,” he added.
Minister Rambukwella said any officer or a soldier or Army officer
who commits an offence during their service time and thereafter he/she
is subject to military law and may be taken into custody and kept in
military custody by a Court Martial under Article 57(1) of the Army Act.
The legal proceedings will be continued after that.
There are many others military and civilian who were involved with
Fonseka who were also arrested. Some others are yet to be arrested. The
CID and police are investigating. Necessary legal action will be taken
against them.
Answering a question by a journalist whether the law permits the
arrest of a retired Army Officer, Minister Rambukwella said if a soldier
or an Army Officer breaching the Military code of conduct during
service, the military can take action within six months of their
retirement. He added there are many charges against Fonseka
Major General Samarasinge noted that the summary of evidence
collected from the Military and civilians who were involved in alleged
military offences with Former Army Comander and CDS General Fonseka, the
Military Legal Department will forward to the AG for his advice.
The Military will decide thereafter to bring Fonseka before a Court
Martial or before a normal Court of Law..
He observed that Fonseka’s lawyer as well as his family has been
granted unhindered access to the detainee and full medical assistance as
per his request. “He was treated as a Former Army General without any
discrimination”, he added. When a journalist querried about why General
Fonseka was not arrested for his offences while he was the CDS, Minister
Rambukwella said when a complaint is lodged against a person on
allegations there is a legal procedure. Initially evidence should be
gathered and verified. “We have credible evidence and information.
Besides, Fonseka was a Presidential candidate at that time,” he added.
|
