The invitation by the Human Rights Violators and War Crimes Unit of the Immigration and Customs Enforcement attached to the United States Department of Homeland Security for a ‘voluntary interview’ to Sri Lanka’s Chief of Defense Staff General Fonseka is directly connected to his legal status in the U.S. and the federal laws that governs resident aliens and naturalized citizens, the Asian Tribune understands following several inquiries.
As the State Department plays no role in ‘interviewing’ or ‘interrogating’ General Fonseka as the federal laws do not allow which is why the special unit of the Department of Homeland Security (DHS) called by the most impressive title to handle this type of issues Human Rights Violators and War Crimes Unit was called in by the U.S. decision makers, possibly the hierarchy of the US State Department, to exert its legal authority on Fonseka.
The Asian Tribune understands that the legal framework available to this ‘Unit’ is sufficient to bring pressure or coerce Sarath Fonsaka to ‘cooperate’ with the experienced interrogators to bring about an outcome the State Department would like to see to implicate the leadership of Sri Lanka who was responsible in executing the military offensive against the Liberation Tigers of
As Fonseka holds the status of a Resident Alien in the U.S. the legal framework available to the Human Rights Violators and War Crimes Unit of the DHS has a greater hold on him. The unit came into existence with the creation of the Immigration and Customs Enforcement (ICE) replacing the Immigration and Naturalization Service (INS).
Following the establishment of ICE in early 2003, the Office of Investigations formed a stand-alone unit to manage the national activities of the new agency in this particularly specialized law enforcement discipline. This unit is the Human Rights Violators and War Crimes Unit. The unit’s mission is twofold. The first part is to prevent the admission of foreign war crimes suspects, persecutors and human rights abusers into the United States. The second part is to identify, prosecute and ultimately remove such offenders who are already unlawfully in the United States and who have committed acts ranging from genocide, torture and war crimes to serious violations of religious freedoms or other forms of persecution. In performing both missions, DHS works closely with its counterpart Human Rights Law Division (HRLD).
In January 2009, ICE undertook the creation of the Human Rights Violator and War Crimes Center to further increase the efficiency of these complex investigative and litigation actions.
Jointly directed and staffed by the Human Rights Violator and War Crimes Unit within the Office of Investigations and the Human Rights Law Division within the Office of the Principal Legal Advisor, the center also draws upon personnel or resources from the Office of Intelligence and the Office of International Affairs. It is categorically stated that this agency-wide approach represents a significant milestone in ICE's continuing commitment to target these serious offenders.
Such is the serious nature the U.S. Government has given to this issue of human rights violations and war crimes.
Since the State Department official documents such as the one that was released in October regarding the manner in which Sri Lanka executed the military offensive against the Tamil Tigers, many sections of the USG are of the opinion that those who executed the war were guilty of serious human rights violations, war crimes and other atrocities. General Fonseka falls into that category.
Because of his resident alien status and other interests in the U.S. the State Department entrusted the ‘inquiry’ to the most appropriate agency of the government, Human Rights Violators and War Crimes Unit of the DHS, to confront General Fonseka calling it a ‘voluntary interview’.
Legal Authority of the Unit
What legal framework does this unit possess to coerce or bring pressure on Sarath Fonseka to cooperate with U.S. authorities to implicate those who executed the war in Sri Lanka notably Defense Secretary Gotabhaya Rajapaksa.
Under existing federal criminal statutes the Human Rights Violators and War Crimes Unit can exercise jurisdiction over the actual foreign offenses (such as torture, genocide, war crimes or the use of child soldiers), and the unit works with the U.S. Department of Justice (DOJ) to seek charges.
How could the DHS have ‘jurisdiction over the actual foreign offenses’? Fonseka has been awarded the status of a resident alien by the DHS, and his family resides in the U.S. with moveable and immovable assets. The Fonseka family has already established some roots in the U.S. for General Fonseka to come under the legal jurisdiction of the DHS.
Further, where substantial monetary assets based on an offender's human rights abuses or war crimes are identified in the jurisdiction of the Human Rights Violators and War Crimes Unit, ICE seeks to use its authorities to undertake the seizure of such assets.
Based on the findings of the Unit which was instrumental in inviting General Fonseka for a ‘voluntary interview’ the ICE uses its authority under U.S. immigration law in order to undertake the arrest, detention, and ultimate removal or deportation of these individuals to their respective home countries, so that they may face justice before their victims.
Fonseka is capable of facing the above situation.
Further, the DHS under federal laws has the authority to revoke naturalized citizenship or withdraw the status of resident alien.
Human rights violators who had previously been granted legal status in the United States could face having that status revoked in immigration court.
Mr. Fonseka is aware that he could face this plight.
Under the Immigration and Nationality Act (INA), those who "...ordered, incited, assisted or otherwise participated in persecution..." are barred from gaining admission into the United States as a refugee, from obtaining asylum status or from obtaining Temporary Protected Status. However, in some instances, these individuals are potentially eligible to enter the United States on other grounds, and to subsequently adjust their status to lawful permanent residence or even obtain citizenship. As part of the 2004 Intelligence Reform and Terrorism Prevention Act (IRTPA), Congress partially remedied this problem. Section 5501 of the IRTPA amended the INA to include participation in torture or extrajudicial killings as grounds of inadmissibility and deportability. Further, Congress made this provision of the INA retroactive, so that human rights violators who had previously been granted legal status in the United States could now face having that status revoked in immigration court.
With the above legal framework available to the DHS to investigate human rights abuses and war crimes the explanation given by Sri Lanka’s foreign minister Bogollagama at Monday’s media briefing does not tally with what the United States endeavors to undertake beginning with the ‘voluntary interview’ of General Sarath Fonseka.
Mr. Bogollagama said:
“The action taken by the DHS is not needed, since any issues that may be of concern are already being addressed at the highest levels on the part of both the Government of Sri Lanka and that of the United States. You would recall that I have earlier in my remarks to you, already referred to the briefing given to the US Ambassador, concerning the appointment of a Panel by the President of Sri Lanka.”
Coercion and Pressure on Fonseka
United States Department of State diplomats in Washington and Colombo have been convinced that there were serious human rights violations occurred in Sri Lanka since the advent of the Rajapaksa regime in November 2005. The operatives of several international non-governmental organizations and indigenous NGOs which are heavily funded by foreign organizations, pro-Tamil Tiger professionals in the U.S. who were openly advocating the Tiger agenda and international rights groups were largely responsible for the development of this mind-set.
The State Department heavily depended on the reports of these individuals and organizations of alleged atrocities during the military offensive against the LTTE.
Official in Washington are on record making statements to the effect that Sri Lanka, during the two year period of the offensive against the LTTE, was committing war crimes, atrocities and even genocide.
The State Department report released in October, though based on ambiguous information and conflicting data, accused Sri Lanka of these crimes.
Since the State Department does not have the jurisdiction to investigate and inquire these allegations it passed the entire task to the department that has legal clout to investigate. It is interesting that a new unit was established in January 2009, Human Rights Violators and War Crimes Unit, under the Department of Homeland Security to undertake a responsibility that the State Department lacked.
The DHS has the legal authority to bring pressure and even coercion on persons like General Sarath Fonseka to submit to the ‘grand design’ of the State Department to target Sri Lanka’s defense secretary Gotabhaya Rajapaksa who is a citizen of the U.S.
Whether Fonseka is prepared to succumbed to the coercion and pressure the time will tell. But the legal framework the DHS possesses is sufficient for the Green Card Holder General Fonseka who has substantial interests in the United States to re-think and evaluate what steps he needs to take to protect his interests or balance his interests and that of the nation he served to eradicate the menace of LTTE terrorism.
Generally, these experienced interrogators offer to absolve someone who is prepared to provide even privileged information to implicate another who is the prime target of the prosecution.
- Asian Tribune -
Comments
I think it is wrong for
I think it is wrong for Gamage to jump to the conclusion that the U.S. trying to implicate the GoSL in serious crimes. What the U.S. is trying to do is TO DETERMINE whether relevant laws, etc., were broken by the GoSL. If there were serious human rights violations, someone has to face the music.
I also think that matters such as these can be diffused to a certain extent if the GoSL AT LEAST BEGINS to move toward a final settlement with deliberation instead of foot-dragging and stating that major movement toward a settlement will happen only after the next presidential election. It is this type of reasoning just before independence from Britain, etc., that finally led to utter chaos and total disaster.
There is always the danger, as has been pointed out by others, THAT FOOT-DRAGGING BY THE GoSL COULD LEAD TO THE RE-EMERGENCE OF MILITANT GROUPS. THE GoSL SHOULD NOT CREATE FERTILE GROUND FOR THE RE-EMERGENCE OF MILITANT GROUPS.
Dear General Fonseka, You are
Dear General Fonseka, You are a true son of this soil. You were born in Sri Lanka, you fought for Sri Lanka and the day you leave this world peacefully, it must be in Sri Lanka. We are proud of you and your contribution to this nation.
Do not get into political trap laid by bankrupt opposition. You are a great General but not a great politician.
20 million fellow srilankans will welcome you with open arms. True son of motherlanka, please come back here...this land is for you...
America is no place for you. We know how you were treated when Chandrika and Ranil ruled. We know hou you were recalled to Colombo at the request of TNA. We know how hard for you to watch when LTTE played dirty balls in front of you during CFA. But to compansate that, you were blessed with right leadership and correct team work around you. You proved your metal.
In military leadership non is paralled to you. Sri Lanka will remember you as great General who fought war against LTTE. Please do come back. We are waiting. We need you! Sri Lanka needs you!