Frontline Socialist Party Central Committee member Kumar Gunaratnam made a statement at the Kegalle Magistrate's Court yesterday, at the Magisterial Inquiry into charges of immigration and emigration law violations under which he is in remand custody.
He explained his version of the circumstances which led to his arrest and argued that it was made on a political decision without a legal basis.
The full statement is given below:
Honourable Judge,
Being a person born in this town, Kegalle, as if a foreigner, I am accused for overstaying tourist visa.
When I go to the front of my home, I can see the public cemetery where the remains of my father and many more relatives are buried. Behind the house, stretches the Colombo-Kandy road beside which is the Roman Catholic cemetery where the remains of the relatives of my grandfather buried and the tomb stones are still there. When I walk up the Kegalle hill along the Colombo – Kandy road on my left I can see the St. Mary’s college where I myself and my brother as well as my uncles studied. On the other side is the Kegalle St. Joseph Balika where my mother and my sisters studied.
So, having arrested at my house in my hometown, Police has charged me as if a foreigner, for not bearing valid visa. This I believe is a result of the anti-democratic nature of our country. Allow me to explain the background in which this kind of accusation is held against me.
Honourable Judge,
I entered the politics in1981, when I was studying at Pinnawala Central College. Then I was an advanced Level student. I was enrolled to the Engineering Faculty of Peradeniya University and my engagement in politics, left politics continued. I have intentionally, made my career as leftist professional revolutionary. From that time till now I have being doing the same. The background which I entered the leftist politics has a correlations to the charges leveled at me today. The question my citizenship or my rights to engage in politics here is a question of democracy of this country. 1981-82, the time, I entered the leftist politics and 1985-86 when I continued my political career was a time which the democracy of this country was threatened by prevailing political power.
In 1977, United national Party came to power lead by J.R. Jayawardhane. He introduced the Executive Presidency. We explain it as a regime of repressive political power. That repressive government crushed down the 1980 July strike. In 1982 was the infamous election of Development Councils in which reported the large scale election malpractices by government goons. J.R. Jayawardhana government did a greater crime by postponing the general election to be held in 1982. The mandate given in 1977 general election was re-used to stay in power for another 6 years. So it was not only anti-democratic regime but also an illegal one. It was the same regime responsible for pushing the country in to a racist war by creating the communal violence named as 1983 Black July. Making use of the Black July J.R. proscribed JVP, the party in which I was active in the leftist politics. The proscription was an excuse for the anti-democratic regime to hunt down the comrades engaged in leftist politics along with me. Arrested, tortured and most of the time brutally murdered they were the victims of JR’s repressive power. This was the socio-political background where I decided to enter in the leftist politics.
So, in such a background my political activities in the leftist politics are connected to the political struggle for restoring democratic rights. We know that the country was fallen into a civil war situation during the 1987-89 period. On one side the war in the north worsened and in south, anti- democratic powers of UNP government was challenged by the leftist movement where I was actively engaged in. During that time, male and female comrades of our party were abducted and tortured and the leaders including Rohana Wijeweera, Upatissa Gamanayaka were murdered. Until now there have been no investigations, or commissions, nor inquiries neither any judicial action to make justice for those comrades. So, as I said before, my ancestral relatives are buried here in known cemeteries but the remains of my comrades including my elder brother Ranjithan are scattered unknown all over this country. The anti-democratic regime grabbed away my brother from me, my family and my political country. Even I could salvage myself, the fate of comrade Bandula Dissanayake, who studied with me in the university and who attempted to save my life is not known. This is the environment where I was engaged in leftist politics and later accused of overstaying visa.
Please let me explain the reasons of going abroad and obtaining citizenship in another country. Having crushed to ground and burnt to ashes, I myself and few others took a decision to re-establish the leftist political movement and hoist the red flag in this land when the leftist politics is more and more discouraged. Speaking according to the Marxist point of view the capitalist political regimes are not capable to solving the crisis of social, political and cultural problems in this country. It is unable to defeat communal politics as well as the social inequality. Soviet Union was fallen and the leftist movement was discouraged resulting many more drawbacks for the revoking of the leftist politics in this land. But the philosophical and logical faith on resolving these problems we were motivated to restore the political movement, the JVP back in politics. Also our conscience of becoming the non-compromising revolutionaries and that of departed comrades during the repression of UNP regime enabled us to be strong in making our attempt successful. Senadheera Gunatilaka, the current General Secretary of Frontline Socialist Party, late Comrade Kamal Deshapriya or Senevi and myself were among the few who initiated the attempt. From that day, till September 2011, we engaged in all kind of activities in that political party.
In 1994 we decided to compete in the general election and to re-enter the mainstream politics in this country. Then in 1997 local councils election, 1999 presidential election, 2000 and 2001 general elections we were active among the leftist political movement. Then in 2004 we were active in creating an alliance government and in 2005 presidential election we supported Mahinda Rajapaksha to become the president. I was an active member of Initial Organizing Committee of 1994 and later in the political bureau, responsible for decision making of JVP. I summarize these in order to elaborate the reasons why I was compelled to leave the country and subsequently live in exile. After creating the UPFA government, an internal debate commenced in the party to evaluate, whether our decision to support capitalist parties is worthwhile. It was a time of crisis for the party. Then after Mahinda Rajapaksha was victorious with the support by us some of our party members wanted to join his government. A majority of our party central committee were not in favour of the idea. However, few members left the party and joined the Rajapaksha regime. Not only that, those who deserted the party have described that it was me who campaign in the party against joining the government. This was a turning point of our well-disciplined leftist revolutionary culture and a sign of falling into backward politics. As a result of this, I was a specific target of the repression of Rajapaksha regime. This was the main reason for my leaving the country. The decision to leave the country was taken by the party and I left the country in 2006 with my family.
So, honourable judge,
My leaving of the country and my politics has an unalienable connection. It is now evident that the reason for accusing me on overstaying visa has clear political reasons. The life threat against me was proved when I was abducted by an unknown armed gang on the 7th of April 2012. I was abducted by a group of armed men assigned by Rajapaksha regime and they have intentions to take my life. There was widespread protest among the civil rights organizations, political parties, media organizations in local and international level. This quick and massive response compelled Rajapaksha regime to spare my life and release me. This was a rare escape during the repression by Rajapaksha regime.
Your honour, someone may argue how an internal debate or dispute or even a party’s decision making affect the society as a whole. Honour judge, I believe that decisions taken by a political party are decisive for the fate of a society, destruction or well-being of that country. For an example recent decisions taken by JVP have affected the society, the history in making and the fate of citizens. I can highlight that the decisions of JVP to establish UPFA government was decisive. Such decisions may result in success or failure, but my point is those decisions are important for the life and society. When we go back to 1971, 1987, there may be criticism, decisions of a party are decisive. After some of our then colleagues joined with the Rajapaksha regime, they abandoned their leftist mentality and political prospects. It is apparent in their activities in the capitalist politics. Even they deserted the party, the internal political debate continued in party. I had to return to the island to join in the party activities and to engage in political activities several times. In 2011 September I returned to country as a response to requests by my comrades to associate with the ongoing debate towards an unrest inside the party. I returned to country on 23rd of September 2011 despite of a life threat.
Being a Marxist and a communist who believe socialism is the alternative for many more problems of this society, a revolutionary have to take the risk. I returned to the island to mediate with the ongoing debate and to manage it to the extent that no harm done to the political movement. But that was not the result and we had to re-build a new-leftist movement, Frontline Socialist Party. In the meantime, a barrage of slander was thrown at our new left movement using the state and private media. There was suspicion aroused relating our politics with LTTE and Diaspora Tamils in order to suppress us. The attractive nature of those allegations your honour, is the deserters of JVP and the then leaders of JVP were in same line spreading malicious propaganda against us. There was evidence that state intelligence services were alerted about a possible armed insurrection by the new born political party. The objective was to annihilate the new left movement at its initial steps. By means of the false propaganda these elements wanted our party alienated from general public. They used my Tamil identity to deviate masses from our party and to create environment to suppress us by violent means.
On the 10th of December 2011 our party was preparing to hold a media conference, and two comrades of our party, Lalith Kumar and Kuhan Murugananthan were abducted. Still they are missing. It was in May 2009 the war concluded and the North and East provinces were totally controlled by government. State armed forces and intelligence personnel were assigned control over those areas. If any violence erupted, violent act done the control of Rajapaksha regime was responsible. As I explained, the initial steps to suppress our political movement, was taken by abducting comrades Lalith and Kuhan. Most of our comrades including me were followed by intelligence agents and the hunt on me ended up on 7th April 2012 by abducting me at Kiribathgoda. This incident was a clear evidence for the repression and life threat experienced by me that caused my leaving the country. However, local and international pressure and the mediation by Australian government, resulted in releasing me. I did not know where I was taken and I never know the place I was held. Probably it was a location close to Colombo. Having abducted by an illegal armed group I was on the edge of death. Abduction was illegal but I was deported legally, through Kaunayaka International Airport. Unknown killers initiated the abduction but Lankan Police intervened in the action at the end of the process. Who would realize the combination, who solve this puzzle. Abduction not known and expulsion administered by Police.
It happened like this. I was blindfolded and pushed into the Colombo Crime Division at Dematagoda. Then onwards the legal action continues. Then only the Australian High Commisioner and First Secretary appear and they followed me to Katunayaka Airport to make sure my safe departure. Recently, former Secretary to the Defense Ministry made a wonderful statement. When I was watching the Television in the Kegalle Remand Prison, a certain TV channel telecasted his statement taken from a web site. In his statement former Defense Secretary said that neighbours of Kiribathgoda informed them about a person and then the person was arrested. Who was responsible, what was the police involved, any documents related to arresting, no, nothing is there. No legal process was followed and he admitted the incident took place. He did reveal something else which slipped from his mouth. He said that then JVP leaders supported the abduction, helped to identify me in photographs and described physical features.
Having born in this town, studied in the schools here and played in the playgrounds, I was accused as if a foreigner. This I believe, is definitely a result of the leftist politics I was involved, the shift of the JVP politics and the leadership role in the struggle to correct it is definitely the reason of my going abroad.
Honourable judge,
And I do not believe that this capitalist state be able to solve the serious problems such as exploitation of labour and the division among haves and have nots. This capitalist regime is unable to solve any socio economic problems according to our belief. Police, Courts, Prisons, Armed forces, education and media are the very components of the capitalist state. They are to ensure the existence and defence of the capitalist state. There are so many good people who are humane in their personal capacity, but they are compelled to ensure the existence of the system by serving the institutions and protecting the law and order.
Honourable judge,
The problem faced by me is the problem of democracy and social life in this country. During the recent past, specially the Rajapaksha regime was accused of anti-democratic practice. A chain of abduction, torture and assassination was a culture administered by them. We all know that. Now, there is ‘Yahapalana’ government which pledged to restore democracy and ensure justice for those crimes done by Rajapaksha regime. It is doing nothing but organize media events, I believe. Instead of following a political agenda, they are not focusing on restoring democratic rights. I have suspicions of their intentions about making a so called democratic changes. There was a loud noise about restoring democracy! In 1977 the UNP government came to power using the same kind of slogans, accusing the former government about crimes done in suppressing 1971 struggle. Then in 1994, PA government could come to power by making use of democratic struggle, accusations were held against UNP regarding the cruelty of suppressing 1987-89 struggle. Recently, ‘Yahapalana’ government came to power as a result of the social protest against the repressive Rajapaksha regime. But after the coming to power the present leaders are not attentive about restoring democratic rights. This has been the continuous process. The question faced by Kumar Gunaratnam is also a part of this whole question of democracy denied. I have always asked myself whether the framework of legal process or within this court, would my question be solved.
My belief is the question of my citizenship is not a legal issue but a decision to be taken by political authorities. Somebody might ask, ‘what did you do to gain citizenship according to the legal framework?’ Earlier in 2014, having requested I was not given visa. It was the same Controller of Emigration and Immigration was in office. Having rejected my visa applications he wanted me to produce a request letter, which was not the normal practice. I clearly explained in that letter, the political nature for my coming here. Then he agreed to grant visa. On the 1st of January 2015 I landed in Katunayaka Airport. Having entered the country, on the 31st of January I applied for extension of visa period which was never responded. On the 2nd of February I filed an application in the Supreme Court to restore my Traditional Citizenship. The response was that the political authority must take decisions on that. Then, on 18th February, I sent a request to the Minister of Internal Affairs requesting my Traditional Citizenship according to the article 8 in the Citizenship Act. It was no accepted and returned to me. After the experiences of my engagements within the legal framework it is clear that political leadership must take decisions regarding my problem. So it is a decision to be taken by the minister of the subject or the government.
Lately on the January 16, the Attorney general has sent me a letter changing the early position as stated in writing. He has instructed the Controller of Emigration and Immigration to accept my application requesting the citizenship. In one hand the the decision is to be taken by the political authority and on the other hand government officials such as Controller of Emigration and Immigration and Attorney General are changing their positions with regard to same question. So there is a political nature apparent in this question. One thing is acceptable that each and every state bodies, public offices are highly politicized. Police officers those who arrested me have stated contradictory information about revealing my identity. Once they said the arresting was done as a result of inability to prove my identity. But I am sure they arrested me as they knew who I am. I know in Police, Armed Forces and public offices, there may be officers with human values. But they are compelled to act according to given instructions, to protect existing order.
So my question is to be solved by political authority. It is a reflection of the crisis of democracy. And It is explained that I was compelled to leave the country as a result of my political involvement.
Honourable judge,
Notwithstanding the fact that in which country be I able to live I would never abandon my leftist principles, I pledge to the people of this country. Having continued in the left political career for 34 years, I would continue so with strength and faithfulness. I mean by ‘strength’ here, the logical and philosophical position in which it is explained that this system cannot solve problems of oppressed people. When I say faithfulness, it is my conscience aligned with the comrades those who have sacrificed in the struggle for socialism.
To conclude, I accept that my question would be solved along with the struggle for justice and true democracy. So I pledge to continuously involve myself in that struggle. Thank you you honour for granting me opportunity for my statement.
