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by Tisaranee Gunasekara
“…they
were cunning, ignorant and cruel like old beasts of prey and…if we let ourselves
be overcome by fear or piety, they would finally destroy us”. - Jose Luis Borges (Ragnarök)
(
September 23, 2012, Colombo, Sri Lanka Guardian) The king can do no wrong’ was
a foundational premise of absolute monarchy. The Rajapaksas have taken this
anti-democratic concept to the nethermost extreme. In Rajapaksa Sri Lanka the
President – and his kith and kin – can do no wrong.
Minister
Mervyn Silva occupies an outstanding position amongst Rajapaksa kith. When his
son got into trouble with the law, again, it was a foregone conclusion that the
Rajapaksas would ride to the rescue. Because that is how the system works:
impunity is an axiomatic reward for fealty to the Ruling Family just as
persecution is an inescapable punishment for opposing it.
Some
actions carry the trademarks of their perpetrators. Only an agency with full
official backing can white-van people, with impunity. A mere minister could not
have compelled an army officer to commit perjury; only those constitutionally
empowered to command the armed forces could have managed that feat.
Less
than 24 hours after the ministerial offspring and his companions surrendered to
the Slave Island police (two police teams had failed to apprehend any of them,
for a whole week), Major Chandana Pradeep of Army Intelligence recanted. On
10th September he had complained to the Slave Island police that he was
assaulted by Malaka Silva, Rehan Wijeratne (the son of a political
appointee-diplomat) and five others in MSD-like attire.
On
18th September he informed the court that neither the ministerial offspring nor
the ambassadorial offspring touched a hair on his head; he was assaulted by the
five MSD types, hoi polloi unblessed with a ministerial pater or an
ambassadorial mater.
That
volte-face dovetailed perfectly with the writing on the wall, in the
unmistakable hand of the Defence Secretary. Gotabaya Rajapaksa claimed that
Major Pradeep was not on duty at JAIC Hilton; on the contrary, he was “acting
as a personal bodyguard of an individual, which is beyond his duties” (Sri
Lanka News – 14.9.2012).
The
self-appointed Patron Saint of ‘War Heroes’ threw a war-hero under the bus to
save the offspring of loyal servitors.
Rajapaksa
patriotism is like Tiger patriotism. Fealty to Vellupillai Pirapaharan (alias
the ‘Sun God’) was the sole condition of Tiger patriotism. Fealty to Mahinda
Rajapaksa (alias the ‘High King’) and his kith and kin is the sole condition of
Rajapaksa patriotism.
In
this Sri Lanka, none can retain the ‘war-hero’ title if he is not eternally
loyal to the Ruling Siblings. Even the most outstanding fighter against the
Tiger can fall from grace if he commits the cardinal sin of disobeying the
regime. For such a fallen war-hero life becomes unpleasant and dangerous, as
the example of General Sarath Fonseka demonstrates. The war-winning army
commander lost not only his freedom but also his rank, pension and decorations.
If
such a fate can befall a full General, what cannot happen to a mere major? When
the Mannar magistrate was allegedly threatened by Minister Bathiudeen, the
legal fraternity closed ranks in support. When Mervyn Silva tied a Samurdhi
official to a tree, the victim’s colleagues rallied in protest. An army officer
cannot expect such support from his uniformed colleagues. Whatever the rights
and the wrongs of this case, Major Pradeep is on his own, because taking on the
Rajapaksas is a far more daunting task than taking on the Tigers. The LTTE
could deprive you of life and liberty; the regime can do that plus destroy your
reputation, persecute your family, turn your present into a torment and nullify
your future. Better let a couple of political-brats get away with assaulting
you rather than run the risk of being dishonourably discharged and your
reputation in tatters.
So
under Rajapaksa Rule even war heroes are not immune from the senseless violence
of bratty politicians and political brats. From now on, it will be as open
season on armed forces personnel as it is on other Untermenschen, such as
students, workers, trade unionists, academics…
When
a plague is threatening the well-being of a nation, the task is not to thrash
the symptoms but to identify the malady. And the plague is Familial Rule. It is
this that enable the Mervyns, Dumindas, Rishads and Malakas to break the law;
just as it is the Rajapaksas who enable S. B. Dissanayake and Bandula
Gunawardana to undermine schools and universities; or Nivard Cabraal to
disgrace the Central Bank; or the CPC to import substandard fuel…
The
underlying message is simple and resounding: support us and the sky is the
limit; oppose us and hell is the destination.
Major
Pradeep heard it in the South and betrayed himself. Rauf Hakeem heard it in the
East and betrayed his voters. A chastened SLMC agreed to back the UPFA in the
Eastern PC without even the Chief Ministership in return. All the SLMC got was
a Rajapaksa (made-to-be-broken) Promise! Experience demonstrates that Rajapaksa
promises are theatre aimed at dissembling and time-buying. The promise to the
SLMC will be akin in falseness to the innumerable undertakings the siblings
will make at the upcoming UPR of Sri Lanka.
After
all, if the basic rights of ‘war heroes’ are not respected, can the rest of us
expect better treatment? If an army officer – supposedly a member of a protected
species – is denied justice, what can a civilian Tamil, victimized by the war,
expect?
Invading
the Judiciary
If
Rajapaksa democracy is an oxymoron, Rajapaksa justice is infinitely more so.
Rajapaksa
opponents can still win some elections, but no one victimised by a Rajapaksa
acolyte can expect justice.
Impunity
is a quotidian of Rajapaksa Rule.
According
to Amartya Sen, “The issue of democratic practice can be closely linked with
the existence and use of countervailing power in a society with a plurality of
sources of voice and strength” (The Idea of Justice).
As
an integral part of their anti-democratic dynastic project, the Rajapaksas want
to grab all power. This requires undermining every source of countervailing
power – the opposition, the media, trade unions, provincial councils…
(Devolution is an impediment to the Rajapaksa-juggernaut; the 13th Amendment
helped halt the Divineguma Bill, which aims at extending the economic empire of
Basil Rajapaksa).
The
judiciary is the primary target of this multi-pronged assault.
The
Supreme Court decision on the Divineguma Bill would have strengthened the
Rajapaksa resolve to render the judiciary as subservient as the armed forces or
the police. “President Rajapaksa wanted the Judicial Service Commission (JSC)
to meet him regarding the functions of the JSC but the JSC in an official
meeting has decided not to meet anyone regarding its official functions as such
discussion would be unconstitutional” (Colombo Telegraph – 20.9.2012). Last
week, the Secretary of the JSC, Manjula Tilakaratne, warned the public about
attempts to influence and threaten the JSC and asserted that the JSC is
committed to safeguarding the independence of the judiciary.
An
independent judiciary is not just a sine-qua-non of democracy; it is the last
remaining barrier between Lankans and total subjection to Rajapaksa Rule. If we
ignore the JSC’s timely warning, it might be our ultimate – and most
unforgivably inane – error as citizens.
