Head of State immunity saves Rajapakse from war-crimes charges

[TamilNet, Thursday, 01 March 2012, 12:42 GMT]
Noting that "two centuries of case law and basic constitutional and statutory principles prevent this court from allowing the plaintiffs' complaint to move forward at this time,'' District Judge Colleen Kollar-Kotelly Wednesday, in the ruling on the case against Sri Lanka's President Rajapakse on war crime charges filed by three Tamil plaintiffs, said she had to dismiss the suit against President Rajapaksa because the Obama administration had said he was immune from litigation as a foreign head of state.

"The court does not take this step lightly,'' Kotelly's opinion pointed out, adding "[t]he plaintiffs' complaint contains shocking allegations of human rights abuses."

The complaint for this case (alleges multiple violations of the Torture Victims Protection Act (TVPA) based on Sri Lanka's President Rajapaksa’s command responsibility for the extrajudicial killings of Ragihar Manoharan, the son of Plaintiff Dr. Kasippillai Manoharan, of Premas Anandarajah, a humanitarian aid worker for Action Against Hunger, and husband of Plaintiff Kalaiselvi Lavan, and four members of the Thevarajah family, all relatives of Plaintiff Jeyakumar Aiyathurai.


Chronology:


External Links:
BBC: US court dismisses lawsuit against Sri Lanka president
ABC: Judge Tosses Case Against Sri Lanka's President

 

Latest 15 Reports
06.12.19 13:47   Photo
US think-tank lists India's strategic assets in Indian Ocean Region
05.12.19 23:25  
India's former nuclear commander proposes tolerance limits for hot exchange with China
04.12.19 21:28  
Chinese Op-Ed condemns US ‘security’ projection of ‘China threat’ in South Asia
03.12.19 23:27  
Challenging 2006 EU ban on LTTE, next step of legal activism on principled grounds: Mendis
02.12.19 23:24  
China, Pakistan send top diplomats to meet Gotabaya in Colombo
01.12.19 23:46  
Gotabaya seems to have bought 5 years from India to wage ‘development’ genocide in North-East
30.11.19 23:51  
India strengthens defence ties with Japan
29.11.19 18:45  
New Delhi appeases Colombo as Eelam Tamil leaders fail to demand international mediation
28.11.19 07:59   Photo
Collective message from Tamils on Heroes Day: Rajapaksas can’t kill Tamil Eelam dream
27.11.19 10:46   Photo
University students, Shivaji brave SL restrictions on veneration of Tamil Eelam Heroes in Jaffna
26.11.19 23:28   Photo
Colombo attempts to officially block students from marking Heroes Day at Jaffna University
25.11.19 23:32   Photo
People mobilise in resolute to mark Tamil Eelam Heroes Day amidst Rajapaksas return
24.11.19 19:59  
Demand Tokyo Co-chairs, India to bring international mediation between Tamils and GoSL
23.11.19 22:58   Photo
US, Indian think-tanks call for deepening of Indo-Pacific ties ahead of 2+2 meetings
22.11.19 23:13  
Russian naval vessel visiting Hambantota coincides with return of Gotabaya Rajapaksa
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=34937