A U.S. court has granted daughter of slain Sri Lankan Journalist Lasantha Wickrematunge, Ahimsa Wickrematunga’s request to vacate a lower court ruling that current Sri Lanka President is entitled to immunity in the extrajudicial killing case against him.
The Ninth Circuit Court of Appeals on February 27, 2020, has granted Ahimsa’s request to vacate the District Court’s ruling that Gotabaya Rajapaksa is entitled to common law foreign official immunity for acts committed while he was Secretary of Defense of Sri Lanka.
The Ninth Circuit Court of Appeals also granted Ahimsa’s request to dismiss her case without prejudice, as Rajapaksa’s accession to the presidency of Sri Lanka last November gave him immunity from suits in US courts for so long as he remains president.
The Ninth Circuit’s decision clears the way for future litigation against Rajapaksa once he no longer enjoys immunity as a head of state, the Center for Justice and Accountability (CJA) which filed the case on behalf of Ahimsa Wickremetunga said.
“This ruling is a victory, and a message to Gotabaya Rajapaksa: His maneuvers to escape justice for his role in my father’s assassination continue to fail. He will not enjoy immunity forever, and his presidency can only delay, not prevent, accountability. Those of us who lost everything to his barbarism and bloodshed will never give up our fight for justice,” CJA quoted Ahimsa Wickrematunge as saying.
On April 4, 2019, CJA filed a civil suit against Gotabaya Rajapaksa for his alleged involvement in the killing of journalist Lasantha Wickrematunge and the widespread and systematic targeting of journalists perceived to be critical of the previous Rajapaksa government.
On October 21, 2019, the United States District Court for the Central District of California granted Gotabaya Rajapaksa’s motion to dismiss, finding that he was entitled to common law foreign official immunity for acts undertaken while serving as Secretary of Defense.
On November 13, 2019 CJA and Debevoise & Plimpton, the law firm representing Ahimsa Wickrematunga noticed an appeal of the District Court’s ruling before the Ninth Circuit Court of Appeals.
In their motion to dismiss and vacate, CJA argued that if head of state immunity prevents the Court of Appeals from determining whether the District Court correctly decided that Rajapaksa is entitled to official act immunity, the Court of Appeals should vacate the District Court’s decision.
“Lasantha’s killing was neither authorized nor ratified by the Sri Lankan government, and the violent targeting of journalists should never be considered legitimate acts of state,” said CJA Legal Director Carmen Cheung. “We are pleased that Ahimsa will have the opportunity to bring her case again.”
“The Ninth Circuit correctly vacated the lower court’s decision when Ahimsa’s appeal could no longer be heard, because of Rajapaksa’s newly acquired immunity. We are pleased that this decision gives Ahimsa another chance at justice for her father,” says Natalie Reid of Debevoise & Plimpton.
Courtesy: Colombo Page
