Tamils Against Genocide (TAG), a US-based activist group, filed a complaint against Secretary of the US Treasury, Timothy Geithner, and the US Executive Director at the International Monetary Fund (IMF), Meg Lundsager, in the United States District Court for the District of Columbia to obtain a "declaratory judgment that a failure of the United States to oppose Sri Lanka’s pending $1.9 billion IMF loan application would constitute a violation of 22 U.S.C. 262d," Monday at 6:00 p.m. Details of the docket number will be available sometime Tuesday March 31, according to Bruce Fein, counsel for TAG.
The 84-page complaint asserts that "[d]efendants, sitting on the Board of Governors and Executive Committee of the IMF, respectively, are obliged by statute, 22 U.S.C. 262d, to vote against any loan application submitted by a member country with a pattern of gross violations of internationally recognized human rights."
"Plaintiff reasonably apprehends that Defendants might for non-statutory reasons decide not to oppose Sri Lanka’s request for a $1.9 billion balance of payments IMF loan in violation of section 262d. If Plaintiff waited to sue Defendants for allegedly violating section 262d in failing to oppose Sri Lanka’s $1.9 billion IMF loan application until after the loan had been granted, there would then be no practical legal remedy for the violation," the Complaint notes.
The Complaint details Sri Lanka's pattern of gross violation of internationally recognized human rights under the following categories:
The 84-page complaint asserts that "[d]efendants, sitting on the Board of Governors and Executive Committee of the IMF, respectively, are obliged by statute, 22 U.S.C. 262d, to vote against any loan application submitted by a member country with a pattern of gross violations of internationally recognized human rights."
"Plaintiff reasonably apprehends that Defendants might for non-statutory reasons decide not to oppose Sri Lanka’s request for a $1.9 billion balance of payments IMF loan in violation of section 262d. If Plaintiff waited to sue Defendants for allegedly violating section 262d in failing to oppose Sri Lanka’s $1.9 billion IMF loan application until after the loan had been granted, there would then be no practical legal remedy for the violation," the Complaint notes.
The Complaint details Sri Lanka's pattern of gross violation of internationally recognized human rights under the following categories:
- Extra-judicial killings and disappearances,
- War Crimes in Violation of the Hague and Geneva Conventions: Shelling and Bombarding Civilians,
- Rape,
- Cruel, inhumane or degrading treatment,
- Prolonged detention without charges,
- Arbitrary arrests and national identity cards and limits of freedom of movement,
- Starvation and denial of medical care,
- Denial of free speech and press,
- Denial of Investigations by International Organizations: Media Blackout,
- Political Repression,
- Torture
Transcripts of interviews of Sri Lanka's Defense Secretary, Gotabaya Rajapakse with BBC, Australia's SBS, UK's Sky TV are included as part of the evidence.
Six affidavits from TAG members whose relatives are caught in the war are also provided as additional exhibits to establish TAG's standing to file the law suit.
Six affidavits from TAG members whose relatives are caught in the war are also provided as additional exhibits to establish TAG's standing to file the law suit.
Earlier, in a letter addressed to Secretary of the US Treasury, Timothy Geithner, and to the US Executive Director at the International Monetary Fund (IMF), Meg Lundsager, TAG said it will be filing a complaint in the United States District Court for the District of Columbia "to obtain a declaratory judgment that a failure of the United States to oppose Sri Lanka’s pending $1.9 billion IMF loan application would constitute a violation of 22 U.S.C. 262d."
The letter further said: "[t]he lawsuit will be withdrawn at any time the Plaintiff receives a written commitment from you that the United States will oppose Sri Lanka’s pending $1.9 billion IMF loan request."
The U.S. law, 22 USC 262d, declares in relevant part:
The U.S. law, 22 USC 262d, declares in relevant part:
The United States government, in connection with its voice and vote in...the International Monetary Fund shall advance the cause of human rights, including by seeking to channel assistance towards countries other than those whose governments engage in---
(1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, or prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person...."
(1) a pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment or punishment, or prolonged detention without charges, or other flagrant denial to life, liberty, and the security of person...."
The filing comes in the backdrop of Sri Lanka approaching the IMF following the economic woes caused by the high defence spending, the global economic meltdown and the government's policy of halting privatisation of state-run enterprises.
Economists expect the international lending body to insist on cuts in government spending, higher interest rates and a gradual depreciation of the local currency.
However, President Mahinda Rajapakse has said he would get the IMF money on his terms and vowed to resist any conditions deemed unpalatable by his government.
"We will not pawn or sell our motherland to obtain any monetary aid," the state-run Daily News quoted Rajapakse as saying.
"Neither will we bow to any conditions or transform our land to a colony."
