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Sri Lanka president rejects US court summons

Lankan Ranger

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Sri Lanka president rejects US court summons

Sri Lanka's president has cited constitutional immunity and refused to go before a US court where he is being sued for $30 million over the killing of a Tamil man, an official said Sunday.

A US-based Tamil lobby had filed the case claiming damages from him as commander-in-chief of the Sri Lankan armed forces for the alleged killing of Raghiar Manoharan, a member of the island's ethnic Tamil minority.

"Under our laws, the president has immunity," justice ministry secretary Suhada Gamlath told AFP.

"We don't have to respond to such summons and I have written to the District Court of the Southern District of Columbia of our legal position last week," Gamlath said.

The summons on Rajapakse was first delivered to his "Temple Trees" residence in Colombo where it was not accepted, officials said adding that the court order was later accepted by the justice ministry.

Gamlath said under Sri Lankan law, Sri Lanka could dismiss the summons as the head of state enjoyed immunity guaranteed to him under the constitution.

The local Sunday Times newspaper said the case was filed when Rajapakse made a private visit to Texas earlier this year. Later the case was transferred to the District Court in the District of Columbia.

The report said Rajapakse was due to visit New York in September to attend the UN General Assembly sessions.

Lanka Business Report
 
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I guess the U.S. is not really an ally or friend of Sri Lanka.
 
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I wonder if he ll get served when he goes to New York in september:lol:
 
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Good decision by SL govt...
 
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I wonder if he ll get served when he goes to New York in september:lol:

Even if they serve him, they can't force him to go.

I've read that you're not allowed to arrest "foreign heads of state" under international law. Because they count as diplomats, and thus have diplomatic immunity.

Unless the UN specifically says otherwise.
 
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Sri Lanka president rejects US court summons

Sri Lanka's president has cited constitutional immunity and refused to go before a US court where he is being sued for $30 million over the killing of a Tamil man, an official said Sunday.

"Under our laws, the president has immunity," justice ministry secretary Suhada Gamlath told AFP.

Why does he even have to claim immunity? What jurisdiction does a US court have over SL? Imagine a SL court summoning Barak Obama.
 
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Yes, I think so.

Why would they do that over a civil case though. For a criminal case maybe, but this is a civil case.

He is being tried in his capacity as the commander-in-chief of the Sri Lankan armed forces. Those charges can easily be converted into criminal ones.

Anyways, US govt has shown before that it can take discretionary measures to reject visa for potentially volatile personalities. Bush used his powers under section 214(b) of the Immigration and Nationality Act to deny visa to Narendra Modi even though there wasn't a Civil OR Criminal case against him in US Courts.
 
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He is being tried in his capacity as the commander-in-chief of the Sri Lankan armed forces. Those charges can easily be converted into criminal ones.

I think it would be nearly impossible to arrest him under criminal charges.

Visiting heads of state have the highest level of diplomatic immunity. Affording immunity to foreign diplomats, is one of the most important cornerstones of international law.

You'd have to either wait until he is no longer President, or go to the United Nations and try to prosecute him under International Law. Like they do to war criminals etc.
 
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