Lawsuit Against UN Representative in Sri Lanka Dismissed

(Subinary Nandy )

12/12/2015

A lawsuit filed by well-known novelist Dr. Gunadasa Amarasekara seeking an order requiring UNO or UN Resident Coordinator Subinary Nandy to admit in writing that the investigations against Sri Lanka authorized under a resolution in March-2014 is illegal was today dismissed by the Colombo District Court.

While ordering to set aside the lawsuit, Colombo District Judge T.D. Gunasekara observed that United Nations’ Sri Lankan representative has diplomatic immunity to keep away from Court regarding the said matter.

In his lawsuit, Dr. Amarasekara cited Subinary Nandy the UN Resident Coordinator as the defendant. He further sought an order requiring UNO or its official representative in Sri Lanka to apologize in writing for the disgrace and dishonour caused by the aforesaid investigation.

The plaintiff stated that in 2012, 2013 and 2014 respectively, the UN Human Rights Council adopted three resolutions against Sri Lanka on the subject of accountability for violations of human rights law and humanitarian law allegedly committed during the last phase of the war against LTTE that ended in May 2009.

The plaintiff stated that the resolution in March-2014 (A/HRC/25/L.1/Rev.1) authorized an investigation into the alleged violations to be carried out by the office of UN High Commissioner for Human Rights.  The plaintiff maintained that the concerned authorization is illegal over several reasons. Counsel Kapila Gamage appeared for the plaintiff.

CDN