US embassy cable - 02COLOMBO2188

UNCLAS SECTION 01 OF 04 COLOMBO 002188 
 
SIPDIS 
 
STATE FOR ECA/PE/V/F/A; ECA/PE/V/G/N-ASHIFFLETT; 
SA/PD 
 
E.O. 12958: N/A 
TAGS: OEXC, SCUL, KPAO, OEXC - Exchanges 
SUBJECT: FY-2003 INTERNATIONAL VISITOR PROGRAM: 
POST'S NOMINEES FOR SRI LANKA 
 
REF: (A) STATE 50054, (B) STATE 32608 
 
1. PAS COLOMBO REQUESTS FOR A FUNDED VOLVIS (TWO 
INDIVIDUALS TRAVELING TOGETHER - ITT) PROGRAM ON 
JUDICIAL PROCESS AND RULE OF LAW. POST NOMINATES 
JUSTICE NISSANKA UDALAGAMA AND JUSTICE NIMAL 
DISSANAYAKE, BOTH JUDGES OF THE COURT OF APPEAL OF 
SRI LANKA, FOR PARTICIPATION IN A 14-DAY VOLUNTARY 
VISITOR PROGRAM ON JUDICIAL PROCESS AND RULE OF LAW. 
PLEASE ADVISE IF THIS PROJECT CAN BE ACCEPTED FOR 
PROGRAMMING.  THEY WILL BE AVAILABLE FOR PROGRAMMING 
IN LATE DECEMBER OR EARLY JANUARY, AND COULD ARRANGE 
THEIR TRAVEL ACCORDINGLY. 
 
2. THE NOMINEES' BIO DATA, JUSTIFICATION AND PROGRAM 
SUGGESTIONS IN EVDB FORMAT FOLLOWS. 
 
EXPORT-SOURCE: USIS EVDB 
VERSION: 3.0.0 
POST-EMAIL: rscmb@pd.state.gov 
TRANSMITTING-POST: PAS  Colombo 
TRANSMITTING-POST-ID: 2929 
EXPORT-TYPE: BIO DATA 
START NOMINATION: 
USIA-OFFICE: E/VGN 
PROG-AGENCY-NAME: 
POST-PROJ-ID: 67 
USIA-PROJ-NO: 
PROJ-NAME: Single Country - Voluntary Visitors - 
Judicial Process and Rule of Law 
START MEMO PROJ-DESC: 
This is a proposal for a 14-day funded voluntary 
visitor program for two judges of the Court of 
Appeal of Sri Lanka to  observe the structure and 
function of the American judicial system, including 
its federal nature and its role in protecting human 
rights; deepen the understanding of court 
administration  in particular and the criminal 
justice system in the U.S. in general.  It should 
also include caseload management, computerization, 
and the training of judges to adapt to new 
technology. 
END MEMO PROJ-DESC: 
PROJ-TYPE: Single Country Project 
PROG-TYPE: IV Grant Visitor 
FY: 2003 
DEPART-POST: 11/23/2002 
SESSION-DATE: 11/18/2002 
RETURN-POST: 12/10/2002 
NO-OF-PART: 2 
RANK-ORDER: 0 
START MEMO POST-OBJ: 
The Court of Appeal of Sri Lanka is equivalent to 
the  United States Court of Appeal.  The nominees 
are senior judges of the Court of Appeal who are 
likely to be promoted to the Supreme Court of Sri 
Lanka in the very near future.   This project is 
keeping with the broad Mission Program Plan Goal of 
'Supporting human rights, democracy and the rule of 
law in Sri Lanka.'  It also supports 'Improving 
understanding of U.S. policy and its underlying 
context.'  Post objectives in proposing this project 
are to: 
-- provide better qualified and knowledgeable judges 
to serve justice without delay, thus enhancing the 
faith of Sri Lankan citizens in the judicial system 
and strengthening an independent judiciary as a key 
element of democracy; 
-- Ensure that the rule of law as practiced in the 
U.S. is better understood by key members of the 
judicial branch in Sri Lanka, encouraging them to 
apply positive lessons learned from their U.S. 
experience  in administering justice in Sri Lanka; 
-- provide speedier relief to victims of human 
rights violations, political prisoners, detainees, 
families of the disappeared and torture victims 
through more efficient court system. 
The two candidates nominated for this program are 
well qualified both to participate fully in program 
activities and to implement lessons learned upon 
their return to Sri Lanka. 
 
END MEMO POST-OBJ: 
START MEMO POST-RCMD: 
The two judges nominated are judges of the Court of 
Appeal of Sri Lanka with wide experience in the 
judicial system in Sri Lanka.  However, they have 
not had any exposure to the U.S. judicial system or 
to the American society.  Therefore,  the program 
should focus on the structure and function of the 
American judicial system, including its federal 
nature and its role in protecting human rights.  The 
participants should gain exposure to the use of 
modern information technologies in administration of 
the judicial system, caseload management and the 
training of judges to adapt to new technology.  The 
program should also be designated to deepen their 
understanding of court administration in particular 
and the criminal justice system in general. 
END MEMO POST-RCMD: 
USIA-OFFICE-ID: 1039 
PROG-AGENCY-ID: 
PROJ-TYPE-ID: SCP 
PROG-TYPE-ID: 29 
NOMINATING-POST-ID: 2929 
FUNDING-CNTRY-ID: 
STATUS: N 
ORIGINATOR: P 
SUBJ-DISC: Administration of Justice 
 
3A. JUSTICE NISSANKA UDALAGAMA 
START BIO: 
PREFIX: Mr. 
F-NAME: Nissanka 
M-NAME: Kumara 
L-NAME: UDALAGAMA 
SUFFIX: 
PRINCIPAL?: Yes 
M-ADDR1: Court of Appeal of Sri Lanka 
M-ADDR2: Superior Court Complex 
M-ADDR3: Hulftsdorp Street 
M-CITY: Colombo 12 
M-STATE: 
M-CNTRY: Sri Lanka 
M-ZONE: 
M-ZIP: 
M-PHONE: (94-1) 433-445 
M-FAX: (94-1) 433-466 
M-EMAIL: nisanga@sol.lk 
M-CNTRY-ID: CE 
M-ADDRTYPE: B 
GENDER: M 
DOB: 12/09/1941 
MAR-STAT: M 
BIRTH-CITY: 
BIRTH-CNTRY: Sri Lanka 
CITIZ-CNTRY: Sri Lanka 
RES-CNTRY: Sri Lanka 
START MEMO POSITION: 
Judge of the Court of Appeal, June 1999- to date 
END MEMO POSITION: 
START MEMO OTHER-POSITIONS: 
 
END MEMO OTHER-POSITIONS: 
START MEMO PREV-POSITIONS: 
1991-99  -  High Court Judge (served in Central and 
Sabaragamuwa Provinces) 
1982-90  -  District Judge (served in Monaragala, 
Mannar, Maho, Ratnapura and Kandy) 
1976-81  -  Magistrate (served in Tissamaharama, 
Anuradhapura and Kuliyapitiya) 
 
END MEMO PREV-POSITIONS: 
START MEMO US-TRAVEL: 
No 
END MEMO US-TRAVEL: 
START MEMO OTHER-TRAVEL: 
Cambridge, U.K. (September 1998) - Participated in 
the 13th International Symposium on Economic Crime 
Kathmandu, Nepal (January 2001) - Attended the Asia 
Pacific Advisory  Forum on Judicial Education in 
Equality Issues 
 
END MEMO OTHER-TRAVEL: 
START MEMO EDUCATION: 
Senior School Certificate, 1958 
General Certificate of Education (Advanced) Level 
examination, 1960 
Attorney-at-Law, Sri Lanka Law College, 1968 
END MEMO EDUCATION: 
START MEMO MEMBERSHIPS: 
 
END MEMO MEMBERSHIPS: 
START MEMO PUBLICATIONS: 
 
END MEMO PUBLICATIONS: 
START MEMO SPEC-CONSID: 
 
END MEMO SPEC-CONSID: 
FIRST-LANG: Sinhala 
ENGL-READ: 4 
ENGL-SPEAK: 4 
ENGL-COMP: 4 
START MEMO NOM-POST-OBJ: 
 
END MEMO NOM-POST-OBJ: 
START MEMO NOM-POST-RCMD: 
 
END MEMO NOM-POST-RCMD: 
START MEMO VIS-OBJ: 
END MEMO VIS-OBJ: 
START MEMO VIS-REC: 
 
END MEMO VIS-REC: 
NOMINATING-OFFICER: Bruce A. Lohof 
START MEMO NOMINATING-JUSTIFICATION: 
Justice Udalagama entered the Sri Lankan judiciary 
as a Magistrate in 1976.  He was promoted a District 
Judge in 1982 and then a High Court Judge prior to 
his appointment to the  Court Appeal of Sri Lanka. 
He is like to be promoted to the Supreme Court of 
Sri Lanka, the highest court in Sri Lanka, in the 
near future.  Even after the retirement at the age 
of 65 these senior judges are called in to serve in 
many important commissions and other statutory 
bodies and continue to play a key role in the 
judicial process and rule of law. 
END MEMO NOMINATING-JUSTIFICATION: 
NOM-OFF: Public Affairs 
SPEAKER?: No 
NOTIFY-EMB: Yes 
MEDIA?: No 
HOME-STAY: No 
HOME-HOSP?: Yes 
E-I-TYPE: ELEO 
NOMINEE-ID: 98 
PERSON-ID: 102 
BIRTH-CNTRY-ID: CE 
CITIZ-CNTRY-ID: CE 
RES-CNTRY-ID: CE 
FIRST-LANG-ID: SI 
E-I-TYPE-ID: E 
NOM-POST-ID: 2929 
NOM-FUNDING-CNTRY-ID: 
NOM-STATUS: N 
END BIO: 
 
3B. JUSTICE NIMAL DISSANAYAKE 
START BIO: 
PREFIX: Mr. 
F-NAME: Nimal 
M-NAME: Edward 
L-NAME: DISSANAYAKE 
SUFFIX: 
PRINCIPAL?: Yes 
M-ADDR1: Court of Appeal of Sri Lanka 
M-ADDR2: Superior Court Complex 
M-ADDR3: Hulftsdorp Street 
M-CITY: Colombo 12 
M-STATE: 
M-CNTRY: Sri Lanka 
M-ZONE: 
M-ZIP: 
M-PHONE: (94-1) 433-466 
M-FAX: (94-1) 433-466 
M-EMAIL: 
M-CNTRY-ID: CE 
M-ADDRTYPE: B 
GENDER: M 
DOB: 04/23/1943 
MAR-STAT: M 
BIRTH-CITY: 
BIRTH-CNTRY: Sri Lanka 
CITIZ-CNTRY: Sri Lanka 
RES-CNTRY: Sri Lanka 
START MEMO POSITION: 
Judge of the Court of Appeal, December 1999- to date 
END MEMO POSITION: 
START MEMO OTHER-POSITIONS: 
 
END MEMO OTHER-POSITIONS: 
START MEMO PREV-POSITIONS: 
April 1991 - Nov. 1999  - High Court Judge 
Nov. 1981 - 1988  - District Judge 
October 1976 - October 1981 - Magistrate 
END MEMO PREV-POSITIONS: 
START MEMO US-TRAVEL: 
No 
END MEMO US-TRAVEL: 
START MEMO OTHER-TRAVEL: 
Netherlands (1990) - Attended a study tour on 
Social, Cultural Impart and Other Aspects of Sri 
Lankan Children Adopted by Foster Parents 
Halifax, Canada (1997) - Participated in a training 
program for judges conducted by the Commonwealth 
Judicial Institute 
New Delhi, India (2001) - Attended a seminar on 
Justifiability of Social and Economic Rights, 
conducted by the UNHCR 
 
END MEMO OTHER-TRAVEL: 
START MEMO EDUCATION: 
Attorney-at-Law, Sri Lanka Law College, 1967 
END MEMO EDUCATION: 
START MEMO MEMBERSHIPS: 
 
END MEMO MEMBERSHIPS: 
START MEMO PUBLICATIONS: 
 
END MEMO PUBLICATIONS: 
START MEMO SPEC-CONSID: 
 
END MEMO SPEC-CONSID: 
FIRST-LANG: Sinhala 
ENGL-READ: 4 
ENGL-SPEAK: 4 
ENGL-COMP: 4 
START MEMO NOM-POST-OBJ: 
 
END MEMO NOM-POST-OBJ: 
START MEMO NOM-POST-RCMD: 
 
END MEMO NOM-POST-RCMD: 
START MEMO VIS-OBJ: 
 
END MEMO VIS-OBJ: 
START MEMO VIS-REC: 
 
END MEMO VIS-REC: 
NOMINATING-OFFICER: Bruce A. Lohof 
START MEMO NOMINATING-JUSTIFICATION: 
Mr. Dissanayake has been a judicial officer since 
1976.  starting from the bottom of the judicial 
service as a Magistrate he rose to be a District 
Judge and then a High Court Judge prior to his 
appointment to the Appeal Court.  He is likely to be 
appointed to the Supreme Court of Sri Lanka in the 
very near future.  A voluntary Visitor program on 
American judicial system will provide the necessary 
exposure for him to understand the American system 
and to be familiar with the many legal aspects are 
treated in U.S. courts.  He could use the additional 
knowledge he would acquire through this program to 
push for judicial reforms necessary in Sri Lanka. 
 
As stated previously, even after the retirement at 
the age of 65 these senior judges are called in to 
serve in many important commissions and other 
statutory bodies and continue to play a key role in 
the judicial process and rule of law. 
 
END MEMO NOMINATING-JUSTIFICATION: 
NOM-OFF: Public Affairs 
SPEAKER?: No 
NOTIFY-EMB: Yes 
MEDIA?: Yes 
HOME-STAY: Yes 
HOME-HOSP?: Yes 
E-I-TYPE: ELEO 
NOMINEE-ID: 99 
PERSON-ID: 103 
BIRTH-CNTRY-ID: CE 
CITIZ-CNTRY-ID: CE 
RES-CNTRY-ID: CE 
FIRST-LANG-ID: SI 
E-I-TYPE-ID: E 
NOM-POST-ID: 2929 
NOM-FUNDING-CNTRY-ID: 
NOM-STATUS: N 
END BIO: 
END NOMINATION: 
 
4. PLEASE ADVISE IF THIS PROJECT CAN BE ACCEPTED AND 
THE PROGRAM DATE AVAILABLE. 
WILLS