The release of former Army Commander and defeated presidential candidate Sarath Fonseka who had been incarcerated for more than two and a half years comes as one of the boldest moves made by the present regime, at a time when its democratic credentials are being savaged overseas over human rights issues.

The jailing of the General was seen in many quarters, both local and foreign, as an act of political revenge. That stigma has to a great extent been lifted with the presidential pardon and remission of the jail sentences that allowed him once again to walk free.

It may be noted that in spite of the many humiliations he had to undergo, in the eyes of the people Sarath Fonseka remained throughout the 'General who won the war,' and a hero. The visible emotion of the large crowds that gathered to greet him in the streets was different, for instance, from the fake enthusiasm often displayed at political rallies where supporters are 'bussed in' to create a show of strength. How long that euphoria will last is of course another matter.

Ex-General Fonseka, a political ingénue given to making reckless utterances, was picked by Opposition parties as their joint candidate in the 2010 presidential contest. He has declared his intentions to re-enter politics. He says his agenda is to 'transform a corrupt political culture.' With his release, a new variable has been brought into the political arena, and this could possibly mark the beginning of a new chapter in the unpredictable trajectory of Sri Lankan affairs. The question now would seem to be, can he make the transition from the role of 'fearless soldier' to that of 'astute politician?' Only time will tell.

Former Army Commander Sarath Fonseka on his release from prison

The restoration of his civic rights including the right to contest an election, remains an area of contention. Given that his years in prison do not seem to have diminished his popular appeal - and may have even enhanced it - the wisdom of depriving him of these rights might seem questionable. The terms of his release apparently do not bar him from engaging in political activities. It is possible that in the event he decides to lead a new political formation, this handicapped status may in fact make him more of a martyr.

A key issue that will determine political future of the ex-General is likely to be the manner in which he deals with war crimes allegations against Sri Lanka emanating from abroad. This is the one issue that has preoccupied Tamil diaspora groups, the western governments that host these constituencies and human rights organizations, almost to the exclusion of all other aspects of the 30 year conflict. Having been the man who led the troops during the 'last stages of the war' that these parties are so intensely focused upon, his comments in this regard will be closely watched.

It remains a supreme irony that the groups that seek to keep Sri Lanka in the dock with their campaign for an 'international war crimes investigation,' have overlooked the fact that the ex-General's candidacy at the presidential election 2010 was backed by the Tamil National Alliance (TNA), which is the main parliamentary group representing Tamils from the war affected areas of the North. The TNA has further welcomed the release of the former Army Commander. How does the war crimes lobby explain the fact that Tamil voters of the North overwhelmingly voted for the TNA-backed ex-Army Commander at the 2010 election if, as the lobby groups allege, these communities were victims of war crimes at the hands of security forces led by him?

There may be a parallel of sorts in this situation, to that which prevails in Tamil Nadu, where local politicians wax eloquent about Eelam across the Palk Strait being their 'dream,' seemingly oblivious to the fact that here in Sri Lanka Tamil political representatives are talking in terms of a 'united country.'
In an interview with the BBC Fonseka has expressed readiness to "answer for any allegations about the war crimes in relation to the military operations" and agreed that the "focus on human rights violations and reconciliation urged by the UN" was important. "I've said from the very beginning, to safeguard the name of the military, those who sacrificed their lives, those who conducted that operation - I'll come out at any time, I'm not scared to come before anybody," he is reported to have said. According to the BBC:
"He said that he believed civilians were given weapons and put on the front line by rebels and as a result the army would not have been able to tell them apart. But he rejected accusations that thousands of civilians had been killed in the closing phase of the army's offensive.

"The large figures of 30,000, 40,000, [who are said to have] died - it was not practicable. The way we conducted the war, the type of weapons systems we used, the manuals we made, we were always concerned about the security of the civilians," Mr. Fonseka said."

The ex-soldier's candour would seem to give him a certain credibility. But there would also seem to be some risk that his inexperience may be exploited by revenge-oriented groups bent on nailing the country on 'war crimes.' It may be recalled that in November 2009 -- before he had declared his intention to enter the presidential race, but after his falling-out with the Rajapaksas had become public knowledge -- there was a covert attempt by the US Department of Homeland Security to 'interview' him while he was on a visit to the US. Both Assistant Secretary of State Robert Blake and then US ambassador Patricia Butenis denied any knowledge of these moves at the time. There is still some mystery as to what exactly transpired during that visit.

In a separate development, following the release of Fonseka (and no doubt inspired by it) 234 Tamil detainees in prisons in Colombo, Kalutara and Vavuniya went on a hunger strike demanding that they be either charged or else released. In parliament TNA leader R. Sampanthan citing their detention for three years since the war's end, referred to them as 'political prisoners' and demanded that the government release them all. Tamil MPs including J. Sri Ranga who is part of the government, have shown solidarity on this issue.

With the reconciliation effort demanding the highest priority in the present circumstances, it is commendable that the government has responded quickly to the situation highlighted by the Tamil MPs. Minister Nimal Siripala de Silva has said the government intends to expedite these cases by setting up three new courts in Anuradhapura, Vavuniya and Mannar.

There has been a perceptible tendency towards a more accommodating stance on the part of the TNA with regard to reconciliation related issues lately. The government needs to acknowledge this with visible reciprocal moves, so that the Tamil MPs do not have to go empty handed to their constituents. Hopefully the release of the ex-General signals a shift where it is realized that 'getting our own house into order' is the best protection against unwanted and unhelpful external interference in the country's affairs.