header logo
Latest
US court dismisses Ahimsa’s case against Gotabaya
Oct 22, 201909:48 AM
US court dismisses Ahimsa’s case against Gotabaya

The United States District Court for the Central District of California has dismissed and denied the claims raised by Ahimsa Wickrematunge against Gotabaya Rajapaksa.

 

On the 15th of July 2019, Ahimsa Wickrematunge had lodged the case against presidential hopeful, former Defence Secretary Gotabaya Rajapaksa, alleging him for extra judicial killing, crimes against humanity and torture.

 

The case was filed by the International Organization of Truth and Justice Project on behalf of the daughter of late journalist Lasantha Wickrematunge, Ahimsa Wickrematunge.

 

Gotabaya Rajapaksa has maintained that the First Amended Complaint (FAC) against him should be dismissed as he is immune from suit under the doctrine of common law foreign official immunity, the US District Court said, adding that it lacks the subject matter jurisdiction over this action.

 

According to the Court’s report, it had followed a two-step procedure developed for resolving a foreign state’s or official’s claim of sovereign immunity. Accordingly, if the US State Department issues a ‘suggestion of immunity’ (SOI) upon the request of a foreign state, the case can be dismissed. If an SOI was not issued, the Court should determine whether the ground of immunity is one which it is the established policy of the State Department to recognize.

 

The Stated Department had not issued an SOI in this case. Hence, the Court had utilized the second step to determine if Rajapaksa is entitled to foreign official immunity.

 

Rajapaksa has maintained that he is entitled to foreign official immunity as the FAC plainly accuses him of acts performed in his official capacity as the Secretary of Defense.

 

The Court stated that Ahimsa Wickrematunge has not argued that Rajapaksa acted in his official capacity on behalf of the Sri Lankan government. As the plaintiff has not alleged that Rajapaksa took any direct action against Lasantha Wickrematunge, her allegations of the defendant’s involvement are reliant upon Rajapaksa’s role as the Defence Secretary, the Court said further.

 

“Although, Defendant was a US citizen and the current status of his citizenship is disputed, Plaintiff has cited to no authority suggesting that Defendant’s citizenship alone should override the fact that all of the allegations against him concern actions taken in an official capacity as the Sri Lankan Secretary of Defense,” the US District Court stated.

 

The Court, stating that Rajapaksa is entitled to common law foreign official immunity, mentioned that it lacks the subject matter jurisdiction on that basis and decided to dismiss Ahimsa Wickrematunge’s claims against him.

 

 

 

src=https://i.postimg.cc/dVWTG0FS/US-court-dismisses-Ahimsa-s-case-against-Gotabaya-G-1.jpg

 

src=https://i.postimg.cc/vZSccS7J/US-court-dismisses-Ahimsa-s-case-against-Gotabaya-G-2.jpg

 

src=https://i.postimg.cc/W4Bz7FHS/US-court-dismisses-Ahimsa-s-case-against-Gotabaya-G-3.jpg

 

src=https://i.postimg.cc/Pf4fCRTS/US-court-dismisses-Ahimsa-s-case-against-Gotabaya-G-4.jpg

 

src=https://i.postimg.cc/0QCvJzRz/US-court-dismisses-Ahimsa-s-case-against-Gotabaya-G-5.jpg

 

 

 

 

MostRead
Mobitel 5g
VideoStories
Sri Lanka likely to face drought in July-August as El Nino threat grows - Met Dept.

Sri Lanka likely to face drought in July-August as El Nino threat grows - Met Dept.

Funds collected under ‘Rebuilding Sri Lanka’ initiative remain unused in Treasury DST account?

Funds collected under ‘Rebuilding Sri Lanka’ initiative remain unused in Treasury DST account?

Fuel import costs hit USD 522 million in May,highest monthly foreign reserve outflow

Fuel import costs hit USD 522 million in May,highest monthly foreign reserve outflow

Cabinet approves allocation of over Rs. 500 million  for key development projects in 23 cities

Cabinet approves allocation of over Rs. 500 million for key development projects in 23 cities

“Govt. will fulfill public aspirations”  Past welfare programs fostered political dependency: PM

“Govt. will fulfill public aspirations” Past welfare programs fostered political dependency: PM

"CPC incurring massive losses on fuel sales" Cabinet Spokesman says fuel price revisions inevitable

"CPC incurring massive losses on fuel sales" Cabinet Spokesman says fuel price revisions inevitable

“Preserving the Himalayas, a global responsibility”  Nepal Embassy celebrates Int'l Sagarmatha Day

“Preserving the Himalayas, a global responsibility” Nepal Embassy celebrates Int'l Sagarmatha Day

“Sri Lanka is facing a massive economic crisis” Sajith urges govt. to act decisively (English)

“Sri Lanka is facing a massive economic crisis” Sajith urges govt. to act decisively (English)

"Fuel price hike relatively minor" Consumption must be reduced to prevent further hikes – Minister

"Fuel price hike relatively minor" Consumption must be reduced to prevent further hikes – Minister

Colombo streets illuminated with lanterns and pandols  as Sri Lankans celebrated Vesak festival

Colombo streets illuminated with lanterns and pandols as Sri Lankans celebrated Vesak festival

Derana’s 24-hour ‘Vesak Dansala’ concludes successfully; 40,000 devotees participate in the event

Derana’s 24-hour ‘Vesak Dansala’ concludes successfully; 40,000 devotees participate in the event

“SL must be prepared to implement reforms”; GSP+ facility key for exporters to access EU market

“SL must be prepared to implement reforms”; GSP+ facility key for exporters to access EU market

Fuel prices increased again; Bus operators demand 5% fare hike, Tuk fare also likely to go up

Fuel prices increased again; Bus operators demand 5% fare hike, Tuk fare also likely to go up

Massive turnout as Derana’s 24-hour Vesak Dansala kicks off at Independence Square in Colombo

Massive turnout as Derana’s 24-hour Vesak Dansala kicks off at Independence Square in Colombo

Sri Lankans commemorate Vesak Poya; devotees invoke blessings island-wide

Sri Lankans commemorate Vesak Poya; devotees invoke blessings island-wide

Lassana Flora