War crime litigations reach crucial phase in US courts

[TamilNet, Sunday, 04 December 2011, 20:19 GMT]
Civil cases against Sri Lanka's President Mahinda Rajapakse and Shavendra Silva, an ex-army commander and currently Deputy Permanent Representative to the United Nations (UN) are waiting next round of decisions from the District Court of District of Columbia and District Court of Southern District of New York respectively, legal sources monitoring the progress of the cases said. The Rajapakse case awaits decision if the court can "force" Rajapakse to answer and engage with the Court. Shavendra case awaits decision from the SDNY judge on Silva's Motion to dismiss.

A third case in US court (SDNY) is against Mahinda Rajapakse, by attorney Rudrakumaran, and this case has not proceeded further than filing according to court records.

Attorney to the DC case, Bruce Fein, acting for three Tamil plaintiffs, in the case K. Manoharan et al. v. Mahinda Rajapakse, told TamilNet that he is optimistic about a favorable decision from Judge Kotelly, a judge with experience in Federal Intelligence and Surveillance Act (FISA). Fein added that if the Judge agrees that plaintiffs have satisfied the attempts at Service of Process having acted according to the latest order, Rajapakse will risk a default judgment against him if he continues to ignore court order. Fein said he is also contemplating to advice his clients to include, Sri Lanka's President's brother Gothabaya Rajapakse as a co-defendant in the DC case.

The process to add another defendant will not be a complicated procedure as we have surmounted the service of process hurdles and that since the additional defendant is a US citizen, the plaintiff and the court will have less complex mechanisms at hand to effect service of process, Fein said.

Ali Beydoun, lead counsel for the plaintiffs in Shavendra Silva case, said he is hopeful that the SDNY judge will likely not rule before scheduling a hearing for oral arguments from the attorneys. However, if the judge considers the legal argument in the motion from the defendant convincing on the issue of diplomatic immunity, the Judge may dismiss the case without a hearing.

Meanwhile, a spokesperson for Tamils Against Genocide (TAG), a US-based activist group, told TamilNet that two legal efforts are currently in progress, one involving post-surrender mass-rape of Tamil women, and the other involving complicity of Colombo in white-van abductions, torture, and incarceration. A legal document that will serve to press charges against a serving Sri Lanka diplomat in Europe for culpability in mass-rape is under preparation for filing with the prosecutor of the relevant EU state. The document is reported to include detailed graphics on where and how the crime occurred during March 2009 when the refugees were trickling out from the demarcated No Fire Zone and surrendered to the SLA, spokesperson added.


Chronology:


Related Articles:
21.11.11   Treaties provide absolute immunity against civil suits, Silv..


External Links:
TI: Sri Lankan government gave orders to commit war crimes, new evidence shows

 

Latest 15 Reports
24.04.19 18:43   Photo
Unity between Eezham Tamils and Muslims key to true freedom: Exiled Sinhala academic
23.04.19 23:12   Photo
People of all walks of life victims in ‘chosen island’ of geopolitics, religious extremism
22.04.19 23:46   Photo
West influencing regime-change politics responsible for worsening situation: Fr Sakthivel
21.04.19 09:17   Photo
207 killed, 450 wounded, series of bomb blasts target churches, hotels on Easter Sunday
20.04.19 22:18   Photo
Tamil journalist released on bail fears targeted persecution by SL military
19.04.19 23:23  
Colombo closing down schools with less than 50 students tantamounts to educational betrayal
18.04.19 21:24   Photo
Sinhala colonisation escalated in Vavuniyaa North with a multitude of players backing infrastructure
17.04.19 23:18   Photo
Journalist harassed after exposing SLN surveillance on peaceful protest in Vanni
16.04.19 22:20   Photo
Uprooted Tamils in Karanthaay enter their lands in dispute with SL authority
15.04.19 23:44   Photo
Linguistic discrimination, insensitive iconography used to establish Sinhala Buddhist hegemony
14.04.19 22:43   Photo
Colombo schemes new settler colony for intruding Sinhala fishers in Mullaiththeevu
13.04.19 08:01   Photo
Tamil youth in Batticaloa irked by SL State-backed southern company bent on ilmenite mining
12.04.19 21:01   Photo
SLA deployed Tamils as human shields in 1990, activists allege mass graves in Jaffna islet
11.04.19 23:47   Photo
Assange arrest: Declaration of war against digital civil society by bandwagoning powers
10.04.19 21:25  
Tamils discriminated in demarcation of education zones in Ampaa'rai district
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=34673