Legally disqualified from the very commencement

By Jayantha Gunasekera – President’s Counsel

The maxim, Justice must not only be done, but must also manifestly appear to be done, is an oft quoted principles in all democratic countries.

It is apparent that Ban Ki- moon handpicked three panellists not for their integrity and impartiality but for their confirmed bias and partiality.

Any person who is appointed by the UN to investigate any matter should honourably declare that he/she has prior knowledge and entertains pre-conceived and prejudicial views, particularly as they were paid a colossal amount of money from UN fund, and not from Ban’s private property.  UN funds are the collected contributions of all member states.

Each member appointed by Ban had expressed derogatory views about Sri Lanka long before they were appointed.  Therefore they should never have offered themselves to sit on a panel, merely to collect millions of dollar – payments.   Ban himself knowing that each of them had entertained preconceived prejudicial views amounting to hatred towards SL, and its Forces, should never have selected precisely these 3.  Such persons are untrustworthy of their assignment.

Ban, if he was impartial and not influenced by the LTTE Diaspora and some western politicians, should have refrained from having Darusman as a member of the panel, let alone its chairman.  He was a member of the International Group of Eminent Persons in 2009 who were invited to serve as observers at the sittings at the Presidential Commission of Inquiry.  Having been present, Darusman subsequently withdrew alleging unfairly (amongst other matters) that the GOSL did not have the will to improve the human rights situation.  Hence he has pre-judged and is a highly biased person.  Ban picked on this self same person who was well known for his partiality, as way back as 2009. 

As regards the second member, Steven Ratner (quoting Mustapha), “he has been advisor to the NGO Human Rights Watch(HRW).  HRW with Ratner’s participation has constantly voiced concern against SL’s military which were directed against the LTTE, while downplaying the atrocities of the   LTTE.  Moreover, HRW is one of the organizations which had complained to the UN alleging violations of human rights by SL, and issued a statement demanding that the govt should account for missing Tamil Tigers who were detained during the final days of the war.”

The fact that Steven Ratner was also completely partial to the LTTE was well known to Ban.  Quite apart from Ban appointing him, he should himself have honourably declined this offer, and refrained from being a member of a supposedly impartial panel.Further quoting Mustapha, “Yasmin Sooka the third panelist is a South African and is the head of the Sooka Foundation which is said to have received  millions from the European Union, which penalized SL by withdrawing the GSP-Plus on the basis of violation of human rights. 

Picking these already  prejudiced people clearly violated the principles that Justice must not only be done, but also appear to be done. 

There is no doubt that Yasmin Sooka a South African, was heavily influenced by the South African Tamil Navi Pillai, a sworn hater of the Sinhala govt.  this report is not based on English Law, Roman – Dutch Law, American Law or French Law, but on the LAW OF THE JUNGLE!

As regards the king pin in this whole exercise Ban Ki-moon, the man who hand picked the above named 3 highly prejudiced panelists, this is what Inga-Britt Ahlenius, an  Under Secy General of the UN  has to say:

“Inga-Britt Ahlenius, Under Secy General of the UN and a former Swedish Auditor General makes a scathing attack on Ban ki Moon’s integrity.

Having been associated with him for so long, she had every opportunity to determine the type of person he is and that he is totally unfit to head the UN.”

With all these allegations Ban has survived by cringing and is shielded by the corrupt western powers.  Small wonder then that he will not go against their dictates.  He is coming up for re-election for a second term.

Inga-Britt Ahlenius in a 50 page report states,” the Secy General improperly refused to allow many of her office’s audit reports to be made public or to allow nearly all its confidential investigative reports with evidence of potential criminal wrongdoings to be referred to prosecutors.”  She further states that, he tried to take control of investigations.  Her office of Internal Oversight Service (IOS) resisted his efforts to launch official probes into news leaks.”  She goes on, “the fact is that you are not upholding to the letter, nor to the spirit, the General Assembly’s decision to ensure an operational oversight body in the interest of the organization.  In this sense your actions are not only deplorable but seriously reprehensible.  No Secy General before you has questioned the authority delegated to the head of  IOS to appoint the staff.  Your action is without precedent and in my opinion, seriously embarrassing to yourself.”

She further adds, “last year, similar criticism was voiced by Norway’s UN Ambassador Mona Juul, in another unusual personal attack on Ban.”  She adds, “the investigations led to an unprecedented number of misconduct findings by UN officials and prompted Federal probes into corruptions.”

This being the opinion of key officials of the UN, can anyone think that Ban has not been influenced by the LTTE diaspora, who in turn have influenced the corrupt western politicians?

This report has to be treated with the contempt it deserves.

Ban and his panel have been heavily influenced by the Tamil, Navaneethan Pillai, UN Human Rights High Commissioner, who is in cahoots with the LTTE Diaspora.  She is highly communal minded.  She issued a strongly worded statement no sooner the report was released.  She welcomed the public release of the statement and supported the cause.  The report calls for further international investigations.  She says, “The way this conflict was conducted under the guise of fighting terrorism challenged the very foundation of the rules of war and cost the lives of thousands of civilians.”  She also says, “I hope the disturbing new information contained in this report will shock the conscience of the international community into finally taking serious action.”  She has for some time been a hater of the Sinhala led government and is playing a communal game. She has however, brought her influence to bear, and succeeded in securing a convoluted and psychotic report to satisfy her brethren   – the Tamil Diaspora. She too has opened herself, to and inquiry as to whether she is using her office to satisfy her personal agenda. As to whether she should continue as an employee of the UN, is a matter to be inquired into. 

The report makes no mention that a civil administration has been restored democratically in the North and East, and that a former LTTE combatant has bee elected as Chief Minister.

Article 2 (7) of the UN Charter states, “nothing contained in the UN Charter shall authorize the UN to intervene in matters which are entirely within the jurisdiction of any state or shall require the member to submit such matter to settlement.”He also violates Article 100 (1) of the UN Charter which bars the S.G, from subjecting himself to external influence.

Ban has violated these principles and has opened himself to an inquiry against himself, for acting partially and for misusing UN funds in appointing this mock panel.  He has exceeded his powers vested in the S.G, and abused his position to please the LTTE Diaspora and the corrupt western powers in order to ensure for himself, a second term with their support.

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