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Friday, February 12, 2010 - 5.32 GMT |
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Due process of
law being followed on Fonseka arrest -
Foreign Minister |
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Foreign
Minister
Rohitha
Bogollagama
stated
that the
action
taken in
relation
to Gen.
(Rtrd.)
Sarath
Fonseka
was a
necessary
step
guided
by the
very
valid
consideration
of
maintaining
the
primacy
of the
rule of
law. The
decision
to
arrest
Fonseka
on 8th
February,
with a
view to
instituting
legal
action,
was
taken
only
after
careful
consideration.
The
Minister
of
Foreign
Affairs
made
this
statement
while
addressing
the
Diplomatic
Corps at
the
Ministry
of
Foreign
Affairs
yesterday
(11
Feb).
Foreign
Minister
Bogollagama
said
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.
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.
The
authorities
ensure
that he
is
treated
with all
the
dignity
and
courtesy
that is
due
while
his
family
are
afforded
regular
access,
the
Minister
further
stated.
Here is
the text
of the
statement
by the
Minister
of
Foreign
Affairs
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
about1˝
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.
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