Internationalizing Sarath Fonseka issue:

Opposition mission fails

No public resolution at IPU:

Rasika Somarathna

Plantation Minister Mahinda Samarasinghe yesterday said that certain Opposition elements had failed in their bid to internationalize Sarath Fonseka’s case and tarnish the country’s image referring to the complaint made to the Inter Parliamentary Union (IPU), Human Rights Committee for Parliamentarians. Reference was made in some newspapers during the weekend that the IPU will continue to follow up on the complaint made to the Human Rights Committee for Parliamentarians by some interested parties concerning Fonseka.

Minister Samarasinghe who made representation to the Committee on behalf of the Government yesterday gave a detailed description of what took place.

According to the Minister, a former President of the IPU Human Rights Committee for Parliamentarians, the first step taken by the Committee when it receives a complaint is to declare that the complaint is admissible since it concerns a Parliamentarian. After it is declared admissible, the committee starts examining the case in confidentiality.

At this point, clarifications from relevant Government authorities are observed in person or by written communication. Thereafter if the Committee deems it necessary based on the seriousness of the allegations in the complaint (if unresolved) it frames a resolution for adoption by the Governing Committee which is the plenary policy making body of the IPU.

During the 123rd Assembly of the IPU in Geneva on October 04, 2010, the Sri Lankan delegation met with the Committee and the complaint relating to Fonseka was one of several cases discussed. The Sri Lankan delegation made several representation in connection with the complaint regarding Fonseka and clarified certain questions raised by the Committee.

It also engaged in a dialogue with the Committee on other cases. At its sitting on October 6, the Governing Council heard the report of the Committee on Human Rights of Parliamentarians and adopted a series of resolutions including some on Sri Lankan Members of Parliament, the Minister said.

Minister Samarasinghe said there was no public resolution concerning Fonseka submitted to the Governing Council by the Committee and anyone could check the complete record of the 123rd assembly of IPU at www.ipu.org, which proves that no resolution on Fonseka was adopted.

Those who complained to the IPU Human Rights Committee had hoped that the Committee would have declared Fonseka’s case as a public case and hence recommended to the Governing Council the adoption of a public resolution. Then it would have been circulated widely, internationally.

The Minister said that having not achieved this they are now trying to portray that the committee would continue to investigate Fonseka’s case. He explained that if the complaint had been proved to be a clear violation of the rights of a Parliamentarian then the committee would naturally declare it as a public case, giving it the widest circulation.

However, in this instance the Committee had independently come to decision that it would continue with its confidential procedure on following up of the case which is the normal procedure followed on any case before the Committee which it deems not to be suitable for a public resolution.

The Minister said that sometime ago the Committee had received a case concerning Chandrani Bandara MP and Rosy Senanayake MP concerning an OIC of a Police Station in Colombo, and the Commitee had also accepted it as applicable and continued to exercise the case under its confidential procedure.

But on the other hand when the Committee received complaints in respect of the assassinations of Joseph Pararajasingham, Raviraj, Maheswaran and Minister D M Dassanayake, It decided the seriousness of the case to go public, he added.

The Minister said that even at the last sessions there were four resolutions submitted to the Governing Council.

Whether some Opposition personalities like it or not, the committee had also listened to the representation made by him and the other members of the Government delegation and had decided that the case of Fonseka did not warrant a public resolution, he noted.

Having failed in their objective these Opposition personalities are now trying to portray that the Inter Parliamentary Union will continue examining and investigating the complaint, which was never disputed by the Government delegation because it is the usual practice adopted by the Committee, he added.

The Government would continue to engage in dialogue with the IPU so that they are updated regularly in respect of the case, the Minister said.

Minister Samarasinghe also cautioned those who had forwarded the one sided complaint that they should respect the confidential procedure of the committee and not divulge details of Fonseka’s case which are arrived at by the committee and shared with the sources who are the people who submitted the complaint, saying that this would be in violation of the Committee’s working methods. The Government then has to take up such matters with the Committee, he added.