Arrest of Gen. Fonseka: due process of law is being followed-Foreign Minister Bogollagama

(February 11, Colombo, Sri Lanka Guardian) Foreign Minister Rohitha Bogollagama addressing the Diplomatic Corps at the Ministry of Foreign Affairs on 11th February 2010 stated that the decision to arrest Gen. Sarath Fonseka on 8th February with a view to instituting legal action was taken only after careful consideration. He also stated that the Government had very strong reasons to apprehend Gen. Fonseka that had acted in a manner prejudicial to the responsibilities of the senior posts he held during his service as a military officer.

The Foreign Minister emphasized that the authorities taking into account the circumstances had concluded that in this particular instance, the application of the Army Act No.17 of 1949 would be the most appropriate. He recalled that this Act was enacted about1½ years after Sri Lanka gained Independence at the point the country was establishing the Sri Lanka Army. He stated that it was therefore natural that the structure and concepts behind the Sri Lanka Army, including the provisions of the Act governing its setting up, should be modeled very much on the lines of British military law. He said it is pertinent to note that the Courts of the United Kingdom when interpreting British military law, have held that reasonable suspicion provides adequate grounds for an arrest.

The Foreign Minister pointed out that Section 57(1) of the Army Act has specific provisions for dealing with the trial of offenders even after they have ceased to be in service.

The Minister emphasized that the processes under the Army Act do not derogate in any way from the fundamental entitlements to a free and fair hearing, including with all the necessary access to and the assistance of Defence Counsel. He noted that in the case of Gen. Fonseka, the authorities had made it a point to ensure that he is treated with all the dignity and courtesy that is due while his family are afforded regular access. He reiterated that there were no constraints to Gen. Fonseka meetings with his Defence Counsel.

Foreign Minister Bogollagama stated that there are perhaps some who due to their being unaware of the true circumstances of the case, have chosen to perceive it as an example of political victimization. He pointed out that the facts do not warrant such an assumption. He noted that the Government could have if it so wished, opted to deny Gen. Fonseka the opportunity of entering the political arena by deciding either to refuse to accept his request to retire or by keeping the decision pending. On the contrary, after Gen. Fonseka sent in his letter, the President accepted his retirement from military service despite being fully aware of the fact that the General was leaving the Armed Forces, in order to contest as President Rajapaksa’s principal opponent in the forthcoming Presidential election.

Foreign Minister Bogollagama reiterated that the action taken in relation to Gen. Fonseka was a necessary step guided by the very valid consideration of maintaining the primacy of the rule of law.