Commission on Human
Rights
An Appeal to
The United Nations
Commission on Human Rights
57 Session / Sesiones
19 / 03 / 2001 -- 27 / 04 /2001
No one was left to speak up !
We cannot afford
indifference, individually or collectively. Let us heed the unforgettable
warning of the German theologian Martin Niemoller:
"In
Germany they came first for the Communists, and I didn't speak up because I
wasn't a Communist. Then they came for the Jews, and I didn't speak up because
I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up
because I wasn't a trade unionist. Then they came for the Catholics, and I
didn't speak up because I was a Protestant. "Then they came for me, and by
that time no one was left to speak up."
Excerpts from the Statement by
Mr. Kofi Annan, Secretary-General of the United Nations - 54th session of the Commission on Human
Rights - Geneva, 16 March 1998
********
No government has the right to
hide behind national sovereignty in order to violate the human rights
…………..And let me therefore be very
clear: even though we are an organization of Member States, the rights and
ideals the United Nations exists to protect are those of peoples. As long as I
am Secretary-General, the United Nations as an institution will always place
human being at the centre of everything we do. No government has the right to
hide behind national sovereignty in order to violate the human rights or
fundamental freedoms of its peoples. Whether a person belongs to the minority
or the majority, that person's human rights and fundamental freedoms are
sacred.
Excerpts from the Statement by Mr. Kofi Annan,
Secretary-General of the United Nations
- 55th session of the Commission on Human Rights - Geneva, 7 April
1999
*************
Violations of human rights are no
longer
considered an internal matter
The obligation of Government is made
still weightier by the fact that the defence of human rights is universal in
nature. Violations of human rights are no longer considered an internal matter.
International human rights law is emphatic that when human rights are being
violated the international community has a right and a duty to respond, and to
come to the assistance of the victims.
Excerpts from the Statement by Mr. Kofi Annan, Secretary-General
of the United Nations
- 56th session of the Commission on Human Rights - Geneva, 4 April
2000
Contents
Page
TCHR
appeal to the 57th session 05
1 - General
Foreign loan to Sri
Lanka year 2000 07
Arms
purchase by Sri Lanka Defence
expenditure 09
Sri Lanka Arms purchase
year 2000 10
A few noteworthy human rights violations by Sri
Lanka 11
Fact and figures of 18
years war 12
Comparison: PLO-Kosovo-Tamil 13
2 - Promotion
and protection of Human Rights
Assassination of a Human Rights
defender Kumar Ponnambalam
Government sponsored killers 14
United
Nations raised concern
Key witness tortured
Letter from
Attorney at Law of the family of late Ponnambalam 15
Kumar
Ponnambalam defended Sinhalese 16
Police say
15 most wanted criminals escape abroad
3 - The
right of peoples to self-determination
Sri
Lanka talks peace only when it faces an election 17
LTTE Unilateral cease-fire
10 Tamil parties appeal for cease-fire
Recognise the right to self-determination of
Tamils 18
10,000
demonstrated in Jaffna
Declaration
by representatives of University of Jaffna 19
Batticaloa
University for cease-fire, self-determination
LTTE leader
offers peace talk, Prime Minister vows war 21
4 - Economic,
social and cultural rights 22
Right to Housing
80% Houses
damaged in Jaffna 23
Right to Food
350,000
without food and essential supplies
Withdrawal
of relief payment to over 90,000
Right to Health
3807
patients transported by ship to Trincomalee 24 Deaths due to malnutrition
Hospitals
closed no longer accepting patients 25 Vanni region
further deteriorated
42 lost
limbs 26 Medical officer killed
Press
release of Medicine sans Frontieres (MSF)
Right to Education 27 270,000 Children displaced
58
undergraduates arrested
School boy
abducted and tortured
75 schools
defunct 28 Right to Work
Farmers,
Fisherman, Labourers, Traders affected by embargo
7 farmers
killed 29
Colonisation 30
Tamil-Sinhala
population in Eastern province
Sinhala
settlement
Tamil-Sinhala
population in Batticaloa district
Tamil-Sinhala
population in Amparai district
Tamil-Sinhala population in Trincomalee
district 31
2
5 - Civil
and political rights
State of emergency
27 years of
emergency rule 32
Emergency
context in North and East Sri Lanka
New
emergency regulations 33
22 years of
Prevention of Terrorism Act - PTA 34
Torture
The sexual
abuse of male detainees 34
Deported
Tamils face Torture
Detention
Year 2000 -
over 18,000 arrested under PTA-ER 35
9 under-graduates arrested
Military
death squads
Parliamentarian
arrested
144
Government - run places of detention 36
Disappearances
Visit to Sri Lanka by a member of UN
working group Disappearances on the rise Amnesty 37
Chemmani
mass grave: cover-up continues!
Summary executions
Special rapporteurs observations 38
It’s better
to kill the people
Sri Lanka
Navy officer committed war crime Australian court
Army shot
five people in Mosque 39
Youth
beheaded by Army 6 Plantation workers shot dead
Massacres
31 killed in
detention centre 40
UN Secretary-General
Kofi Annan, distressed by killings
ICRC -
Amnesty
Recent massacres and major killings 41 Barbaric killings on the increase in
Sri Lanka 42 9th year of Batticaloa
massacre
Death
Penalty
Executions may
be resumed after 24 years in Sri Lanka 43
Freedom of expression At least 31 journalists killed in Sri Lanka 44
Brutal killing of a journalist
Nirmalarajan
received death threats
Person
responsible for killing may even roam corridors of power 45
Bravely
reported on the vote rigging, intimidation and violence
Suspicion
fallen on EPDP
Annual report Reporters without borders
29
journalists assaulted 46
Journalists
killed - jailed - threatened -
attacked
Pressure
and obstruction
Journalist
arrested and tortured in custody in Colombo 47
Foreign
media censored
Newspapers
shut down
Administration of justice
Anti-Tamil
protesters threaten Human Rights Lawyer at UN 48 WFDY condemned the anti-Tamil demonstration
Dr. Jayalath Jeyawardena, MP's complaint before
UN
MPs voted against emergency sought asylum in UK 49
Impunity
Sri Lanka
prepares for the UN Commission on Human Rights Religious
intolerance
75 Hindu
temples closed 50
Buddhism
further strengthened in draft (new) constitution
15 Temple
employees and priest arrested
Permission
refused for Catholic procession
British charity bombed
in Sri Lanka
Communal violence in
up-country 51
3
6 - Violence
against women
UN expert Mr. Paul
Sergio Pinheiro
Gang-rape and murder
case-still no convictions! 52
Many
gang-rape and murder cases
70-Year
old woman raped
Dangers
faced by displaced women and girls
Woman
farmer killed and mutilated 53
Women's
lives affected in every area
Two
young women tortured by male Police
Special
task force rape
Pregnant
women threatened by shortage of medicines
Sterilisation
as a form of genocide
7 - Rights
of the child
900,000 children lack
education, food and shelter 54
Children forced to feel the heat of battle
Extra-judicial killings
of children.
8 - Mass
exoduses and displaced persons Thousand
forced to leave Jaffna UNHCR 55 Refugees from Sri Lanka kept
like cattle
Humanitarian disaster
faces civilians in Vanni 56
Over 160,000 forced out
of their homes ICRC
12,000 displaced
arrests, disappearances continue
Problem face by
deportees from host countries EUROPE 57
9 - The
right to development
UN Official turns
Activist
Bogus Human rights
organisation for ECOSOC status 58 Statement by 6 lecturers of
University of Jaffna on UTHR (J) 59
Assassination “Hit list”
prepared by Sri Lanka propagandists 60
Human rights commission covering up for the
government 61
The Law of the jungle 63
10 - Summary
report (names, dates, places of incidents, etc)
Detainees under PTA in Kalutara
prison 64
Arbitrary arrest / Detention 89
Extra judicial killings
/ summary executions 93
Enforced or involuntary
disappearances 100
Rape / Torture and
others 105
ANNEXES:
1 - Speech of Jaffna district judge Mr. M.
Thirunavukarasu 112
2 - Members of the European Parliament 113
3 - The massacre of Tamil youths Dr. Brian
Seneviratne (A Sinhalese academic) 114
4 - 14
US Congressmen appeal to Sri Lanka -
June 29, 2000 116
5 - Congressmen writes to Madeleine K.
Albright - October 30, 2000 117
6 - European Union calls for Sri Lanka to
enter talks 118
7 - Human Rights watch world report 2001 119
4
March 19 2001
The
Chairperson and Members
57th
Session of the
Commission
on Human Rights
United
Nations
1211
Geneva 10, Switzerland
Honoured Sirs / Mesdames,
In a report (E/CN.4/2000/12) submitted
to the last Session of the Commission on Human Rights - the High Commissioner
for Human Rights, Mary Robinson, recalled with sadness a warning given by the
former Special Rapporteur on Extra-judicial and Summary or Arbitrary
Executions. In his 1993 report he stated that the situation in Rwanda had
deteriorated to such an extent as to raise the distinct possibility that
genocidal acts would take place. This warning, although issued well in time,
went unheeded. No action was taken.
Sirs
/ Mesdames, The same Special Rapporteur visited Sri Lanka from 24 August to 5
September 1997 and submitted a report, (E/CN.4/1998/Add.2), the warnings of
which go unheeded!
We, in TCHR, have repeatedly mentioned
as an early warning, the on-going systematic cultural genocide and gross
violations of fundamental human rights of the Tamil people in the island of Sri
Lanka and in particular the denial of the right to life. We have called for all
possible preventive measures to be urgently taken by the UN Human Rights
forums.
Sirs / Mesdames, the reports of the UN
Special rapporteurs and the Working groups and furthermore the statements by
international NGOs to every Commission on Human Rights and Sub-Commission on
Human Rights clearly indicate that there is imminent danger in Sri Lanka!
The Human Rights situation in Sri Lanka is far from improving - in fact
it is rapidly deteriorating.
Senior personnel of the UN have
reminded us that "Naming and
Shaming" is one of the preventive techniques. Therefore the appeals,
reports, joint-statements, interventions, written statements, and other
communications to the UN Human rights forums are vitally important. Human
rights advocacy on the situation in Sri Lanka should continue at any cost.
Sri Lanka enters into costly public
relations contracts to influence the media internationally, and cover up its
horrendous human rights record. In addition, Sri Lanka adopts a policy of
entering gradually and imperceptibly into the arena of high level people from
the International Community. The intention is to convey propaganda far more
powerfully through these personal contacts than can be done by the government
on its own!
Censorship of local press is heavily
used by the Sri Lankan government to distort the real picture of what is
happening. Military-guided press tours,
and the denial of free access to many parts of the Tamil hereditary areas, to
local and foreign journalists, also contribute to biased reporting.
Sirs
/ Mesdames, The government of Sri Lanka applies various methods to carry out
ethnic cleansing in the island.
Firstly, the Sinhala
constitution denies fundamental and political rights to the Tamil people. Even
the draft (new) constitution was rejected by all Tamil parties because it
failed to meet any Tamil aspirations.
Secondly, the
introduction of the Prevention of Terrorism Act (PTA) in 1979 and 27 years of
emergency rule (ER) have inflicted terror upon the Tamil people in the island.
ER and the PTA permit the Sri Lanka security forces to arrest, torture, rape
and kill the Tamils with impunity. The PTA has given a free hand to the
security forces to shoot people in cold blood in the name of "fighting
terrorism". The arbitrary killing of Lawyers, journalists, religious
leaders, students, continuous massacres and Mafia style killings, etc - are not war against terrorism.
Thirdly, the ten-year
enforcement of an economic embargo to the Tamil hereditary regions stops the
supply of food, medicine and other essential items.
Sirs / Mesdames, the present UN
sanctions on Iraq and Libya, and the earlier one on South Africa were intended
to persuade those governments to respect UN resolutions. But the economic
embargo enforced by the government of Sri Lanka on the people in the island's
North-East, whom it claims are its own citizens, is bizarre!
5
There are many ethnic conflicts around
the world and not a single country other
than Sri Lanka has enforced an economic embargo on its own citizens.
This embargo is starving the people to death and imposing dire hardships and
immense difficulties - it is calculated to do so.
Sirs / Mesdames, in addition to the
economic embargo, Sri Lanka recently purchased large quantities of arms and
ammunition which are normally used only in wars between two countries! -
especially Multi-barrel rocket launchers (MBRLs) and Kfir bomber jets. The use
of these types of arms and artillery, along with the enforced embargo, surely
contradicts the government's claim that the conflict in the island of Sri
Lanka, is an "internal affair"!
In a speech to the 56th Session of the Commission on Human Rights, on April 4 2000, Mr Kofi Annan, Secretary-General of the UN said, " The
obligation of Government is made still weightier by the fact that the defence
of human rights is universal in nature. Violations of human rights are no
longer considered an internal matter.
International human rights law is
emphatic that when human rights are being violated the international community
has a right and duty to respond, and to come to the assistance of the
victims."
Fourthly, Sri Lanka
signs agreements with other countries for the repatriation of Tamil refugees,
whilst at the same time justifying internationally its atrocities against
Tamils. By forced repatriation of Tamil refugees to Sri Lanka - the Sri Lankan
government harasses Tamil people internationally as well as within the island.
In recent months, many newspapers including some based in Colombo, have published a news item saying that 63 westerners and Tamils, who expose the true situation in Sri Lanka, have been marked for assassination by Sri Lankan propagandists! The same news item clearly states that the Sri Lanka ministry of foreign affairs has a hand in it. Until today, the contents of this news item have not been denied by the government of Sri Lanka! Recent incidents in foreign countries have proved that the propagandists have already started to target the people in the list.
Sirs / Mesdames, the government of Sri Lanka which talks of peace, to the international community, has failed to respond positively to the one month unilateral cease-fire declared by the Liberation Tigers of Tamil Eelam - LTTE, on 24 December 2000 which was prolonged for another one month, until 24 February 2001. All the Tamil political parties except one party (which was involved in the recent brutal killing of a senior journalist and which has a ministerial post in the present government) asked the government to respond positively to the LTTE cease-fire. However the government rejected the request by 10 Tamil political parties - all of which have MPs in the parliament and continues its military solution to the island’s bloody conflict. The LTTE, however, extended their unilateral cease-fire for a second time, on 22 February 2001, until 24 March 2001. On the same day, 22 February, the government yet again rejected the cease-fire offer.
Sirs / Mesdames, If
we analyse the past activities of Sri Lanka, the following disturbing truth
becomes crystal clear. Sri Lanka has a
regular habit of PRETENDING to take some action on the massive human violations
only a FEW WEEKS before the beginning of the UN Commission on Human Rights
and Sub-Commission on Promotion and Protection of Human Rights. These hollow
promises of action are intended to avoid or counter any criticism that may be
made by these UN forums, rather than to vigorously promote and protect human
rights in real and effective terms. We are
sure that every peace-loving citizen of this world will have noticed these
tactics of Sri Lanka.
We
are sad to inform this august forum that the Sri Lankan government has still
not taken any positive steps to investigate the assassination of Kumar Ponnambalam. He was killed by so-called "unknown" gunmen on 5 January
2000. NGOs urged the 56th Session of the Commission and the 52nd Session of the
Sub-Commission to take up the issue with the government of Sri Lanka in favour
of the establishment of an independent
inquiry into the assassination of Mr Ponnambalam.
Sirs
/ Mesdames, distinguished Chair and Members of the Commission, we urge you to
take our appeal into your kind consideration and to reflect on it as a call for
action to be taken to prevent further gross and systematic violations and genocidal
acts. We believe that this Commission CAN be a vehicle to express the noble
values and aspirations for humanity that underpin the UDHR and all the
Covenants and Conventions established to promote and protect human rights. We
appeal to you from the depths of our hearts and in the name of humanity, to
take action.
Thanking
you,
S. V. Kirubaharan
General
Secretary - TCHR/CTDH
6
ARMS PURCHASE BY SRI LANKA !
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com / tchrdip@hotmail.com
Sri Lankan official defence outlays in 1998 were Rs 57.2bn ($886m), some
Rs 12.2m ($189m) over budget. If
outlays for paramilitary forces are
added, the total is estimated at Rs 63bn ($97m). Recent army acquisitions
include 36 type 66 152 mm towed artillery from China, while the Air Force is to
acquire two modernised Mi 5 (The export variant of the Mi 24) armed helicopters
from Russia in 1999. (Excerpts from "The Military Balance
1999-2000")
Defence expenditure
(Comparisons of defence expenditure and military
manpower in 1985, 1997 and 1998)
(US $ m) (US $ per capita) (% of GDP)
1985 1997 1998 1985 1997 1998 1985 1997 1998
325 949 956 21 51 51 3.8 6.4 6.1
Numbers in Estimated Paramilitary
armed forces Reservists
(000) (000) (000)
1985 1998 1998 1998
21.6 115.0 4.2 110.2
Arms deliveries to Sri Lanka :
Year US $ M
1987
68
1992
5
1993
22
1994
107
1995
167
1996
209
1997
261
1998
250
(Courtesy "The Military Balance 1999-2000" - The International
Institute for strategic studies)
Sri Lankan government is more focussed on intensifying the war than
de-escalating it. Sri Lankan government
sought and received increased military assistance from key donors and
cultivated relations with potential arms suppliers, including Israel. Norway, India and the United States played
major roles in as yet unsuccessful efforts to bring about negotiations between
the warring parties (Human Rights watch, 2001).
9
A few noteworthy
Human Rights violations by Sri Lanka
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com / tchrdip@hotmail.com
1948 The
Citizenship Act disenfranchising Indian Tamil Plantation workers was passed in
Parliament. One million 3rd generation plantation workers were living in the
island for over 115 years. They were brought to the island by the British from
South India to work in Tea and Rubber plantations in the hill country. 100,000
plantation Tamils were victimised.
1956 The
"Sinhala Only" Act was passed in the Sri Lankan Parliament. This Act
made "Sinhala" as a compulsory language for Tamils. Tamils staged
peaceful protests in Colombo and Gal Oya. 150 Tamils were burnt or hacked to
death; 20 women were raped; 3000 were made refugees and their properties were
looted by the Sinhala mobs.
1958 Anti
Tamil riots in Sinhala areas. Massacre of Tamils, looting of their properties,
setting fire to their houses and even burning Tamils alive! 25,000 Tamils were
made refugees; 500 Tamils were burnt or hacked to death; 200 Women were raped
and Tamil properties were looted or destroyed by Sinhala mobs.
1961 Tamil
non-violent (Satyagraha) civil disobedience campaign in the North-East was
disrupted by the Sri Lankan security forces, protesters were beaten and
arrested.
1964 The pact (Srima-Shastri) to evacuate Tamil plantation
workers of Indian origin was signed. They were living in the Island for over
115 years. 650,000 Plantation Tamils became stateless persons.
1972 Equal
education opportunities for Tamil students were denied. Standardisation on University
admission was introduced.
1974 The Fourth
International Tamil research Conference held on 10/01/1974 in Jaffna was
disrupted by the Sri Lanka Police. 9 Tamils were brutally killed.
1979 Prevention of
Terrorism Act (PTA) was introduced in Sri Lanka. This Act gives free hand to
the Security forces to arrest, detain, torture, rape, kill and dispose of
bodies with impunity. Arrested people could be detained for eighteen months
without being produced in courts. (July)
1981 The Jaffna
Public Library containing 95,000 volumes was completely destroyed in a fire set
by a group of Police officers who went on a rampage in the Jaffna city on May
31, 1981. 95,000 volumes of unrecoverable - invaluable books were burnt.
1983 The Government
masterminded anti-Tamil riots in July 1983. More than 6,000 Tamils were killed
by the Sinhalese in the South. Tamil houses and businesses were looted and
destroyed. Tamils living in the South were sent in ships to the North and East
by the government. 250,000 Tamils were made refugees; 2,500 Tamils were burnt
or hacked to death; 500 women were raped; 53 Tamils political prisoners were
brutally murdered in the maximum security Welikada prison on 25-27 July.
1984 Tamils living
in the North-East were arrested tortured and killed. Women were raped, many
disappeared. Tamil properties were looted or destroyed by the Sri Lankan
security forces. Air Force bombers dropped napalm bombs in residential areas
causing severe loss and damage to Tamil people and their property. All these continues…….
The Prevention of Terrorism Act (PTA) and the
Emergency Regulations (ER) adopted by the government are helping the security
forces to carry on with all sorts of human rights violations with impunity.
1990 Economic
embargo in Tamil areas. Food, medicine, electricity and other important items
are denied to the Tamils. It continues…….
11
FACTS AND FIGURES OF 18 YEAR WAR
AGAINST THE TAMIL PEOPLE
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com /
tchrdip@hotmail.com
70,000 Tamils have been killed in the North-East of the
Island. This number is three percent (3%) of the total Tamil population of the
Island. In other words, an average of nine (9) Tamils have been killed every day; or for every 50
Tamils living one had been killed.
460,000 Tamils have sought refugee status in Europe and other
countries. This is 16% of the Tamil population
1000,000 Tamils are displaced within the North-East of the
Island. This is 40% of the Tamil population.
250,000 Tamil children's education affected due to either the
destruction of school buildings through aerial bombings or conversion of school
buildings into military camps.
60,000 Families have lost their bread winners. More than
40,000 women are forced to be widows.
300,000 Tamil houses destroyed in the North-East. Nearly
900,000 to 1,000,000 people are without shelter and most of them live in shrub
jungles or under trees.
2000 Buildings of religious places, such as Churches and
Temples have been destroyed in aerial bombings.
(TCHR - Information accumulated from local news
papers, religious heads, NGOs and others )
*****
SRI LANKAN GOVERNMENT SECURITY FORCES PERSECUTE TAMILS THROUGHOUT THE
ISLAND
(53rd Session of the UN Commission on Human Rights
- 25 March 1997)
The Sri Lankan Government security forces persecute Tamils throughout
the island with arbitrary arrests, indefinite detention, torture, involuntary
disappearances and extra-judicial killings. In short, every Tamil man or woman
has become a target.
The Sri Lankan Government also permits the existence of shadowy
para-military groups, who are really hitmen and henchmen of poor-calibre
politicians, who also indulge in the crimes mentioned above.
by the late Mr. G. G. Ponnambalam
Humanitarian Law Project - USA
(Mr. G. G. Ponnambalam -
assassinated by so-called unknown gunmen on 5/1/2000)
12
PROMOTION AND PROTECTION OF HUMAN RIGHTS
Assassination of a Human rights defender - Kumar Ponnambalam
Government sponsored killers
(TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH Ref: AC/13/01 - PRESS RELEASE 05 January 2001)
5th January 2000 was a nightmare to every peace-loving citizen of this
world. It was the day when yet another barbaric act was committed by the
government of Sri Lanka.
Mr. G. G. Ponnambalam Jnr. - known to everyone as Kumar Ponnambalam was
assassinated by Sri Lankan government-sponsored killers. At 10.00am on 5th
January he was shot dead in cold blood in Wellawatta-Colombo, Sri Lanka.
Mr. Ponnambalam, living in Colombo, had courageously presented internationally
- the deteriorating human rights situation, which is far from improving in Sri
Lanka. For several years, he spoke on these matters in international arenas,
such as the United Nations Commission on Human Rights - Geneva-Switzerland,
Council of Europe - Strasbourg-France, European Parliament - Brussels-Belgium,
Royal Institute of International Affairs - London, United Kingdom. Also he
delivered speeches in many seminars and conferences in Canada, Denmark,
Germany, Netherlands and USA.
A year has now passed and there has been no
development at all in the investigation of this assassination, despite many
clues. It was masterminded and carried out by government sponsored killers,
whom the government is systematically protecting.
Sri Lanka is called a SOCIALIST, DEMOCRATIC, REPUBLIC-yet could neither
find the culprit nor investigate the assassination of Kumar Ponnambalam, which
took place in broad daylight in the capital, Colombo. Several news items
indicate proof that the government has covered up this incident. (Excerpts)
United Nations raised concern
1 - Concerns were raised promptly by the United Nations Special
Rapporteur for the Independence of Judges and Lawyers (Report No. E/CN.4/2000/61 -21
February 2000).
2 - On 15 August 2000, during the 52nd session of the UN Sub Commission on the
promotion and protection of human rights, a Member and an Expert Mr.
Louis Joinet, raised his concern in a speech made about Mr. Kumar Ponnambalam.
Mr. Louis Joinet said, "I met Mr. Kumar Ponnambalam here in the United
Nations during a previous session. He had told me personally of his fears due
to the fact that he had been verbally threatened and certain media had written
attacks against him. Immediately, I had made an appointment with the Ambassador
of Sri Lanka, whom I met in this building. I talked the matter over with him,
bringing to his notice these threats to Mr. Ponnambalam. Mr. Ponnambalam's
fears proved to be right and he is no more alive!".
Key witness tortured !
According to a letter written by Attorney-at-Law,
and Member of Parliament, Mr Appathuray Vinayagamoorthy on 19 February, a
key witness in connection with the assassination of Mr Kumar Ponnambalam on 5
January 2000, was arrested and tortured.
Mr Siva was arrested in mid-January by the CDB and severely
tortured. His distressed family contacted the
family of the late Mr Kumar Ponnambalam. Later Mr Vinayagamoorthy intervened to
secure the release of the innocent witness.
On 3 July 2000, witnesses were forced to demand that suspects in an
identification parade open their mouths to expose their teeth - they had been
instructed to choose the person with malformed teeth!! The incident was
well-publicised in the Colombo media and proved that the investigations into
Kumar's assassination were manipulated and attempts were made to mislead the
witnesses.
The recent arrest and torture of the key witness, Mr
Siva, clearly indicate an attempt to cover-up the assassination of Kumar in yet
another way, and to confuse matters even more.
There are strong clues in the case - but nothing has been done to properly
investigate them yet.
14
Attorney at law of the family of the late Mr. Kumar Ponnambalam
15, Siripa Lane, Colombo 5 16/7/2000
The Hon. Attorney General
Colombo 12
Dear Sir,
ASSASSINATION OF MR. KUMAR PONNAMBALAM
Along with Mr. A. M. B. Kiribanda, Attorney at law and instructed by Mr.
Ravi Matugama, Attorney at law, I write on behalf of the family of the late Mr.
Kumar Ponnambalam.
The investigation into the killing of Mr. Ponnambalam, which took place
in January 2000, had been placed in charge of Mr. Bandula Wickremasinghe,
Senior Superintendent of Police and head of the CDB. This letter is to request
you to direct that Mr. Wickremasinghe be removed from having anything to do
with this investigation and that an
impartial police officer be placed in charge of it. The reasons for this
unusual application are as follows.
Mr. Bandula Wickremasinghe is a police officer who has been fined a sum of Rs. 50,000 personal on
him on account of his illegal arrest of Mr.
Mahanama Tillekeratne, High Court Judge. Additionally, his conduct was such
that Their Lordships Court are holding proceedings to deal with him for
contempt of Court. Further his conduct vis-à-vis this investigation shows that
his sole objective appears to be exonerate the Government of any complicity in
the killing of Mr. Ponnambalam at whatever cost.
A day after the killing of Mr. Ponnambalam, Mr. Wickremasinghe called
Mrs. Ponnambalam and in the course of his conversation with her, has asked her
whom she suspects. Assuming him to be impartial - a wholly erroneous impression
- Mrs. Ponnambalam had told him that in
view of the attacks on the government by Mr. Ponnambalam, she suspected that
the killing was done by a government official at the instigation of a very high
personage. Mr. Wickremasinghe who had not yet started to investigate this
case, immediately scoffed at it and said that this government would not do such
a thing and that the EPDP was behind it.
From time to time, he rang up members of the family and attempted to
justify his theory and on one occasion even went to the extent of saying that
two people were seen there wearing jeans which were similar to those worn by
the 'boys', suggesting thereby that the LTTE may have had a hand in it. Meanwhile,
various persons were arrested from time to time and witness Thomas and Siva
were taken and shown the suspects and shown photographs of further suspects.
None of them, however, were identified.
Mrs. Ponnambalam and her family went abroad and were away for about six
weeks and returned on the 21st of April. A day or two later, the family was
informed by Mr. Wickremasinghe that investigations were over and that the LTTE
were definitely behind it. This was
refuted completely by the Ponnambalam family as the leader of the LTTE had
conferred a title on him equivalent to being a 'great, great man' - hardly the
conduct of assassins of Mr. Ponnambalam.
On the 15th of June, Mr. Wickremasinghe who seems to specialise in press
interviews - informed the press that there was a call from a RPC who claimed
that he was responsible for the killing of Mr. Ponnambalam and that he had
utilised the services of one Moratuva Saman and Sankeewa. At this briefing, Mr. Wickremasinghe revealed - and that was highly
improper and totally unfair by Moratuva Saman and Sanjeewa - that they made
confessions and that a pistol was recovered under Section 27 of the Evidence
Ordinance. What kind of justice could be meted out to these two persons as this
has already been publicised.
Further, on the 3rd of July, there was an identification parade at MC
Mt. Laviniya to identify, if possible a suspect said to be Shantha. Mr. Thomas
was taken to the CDB where witness Mr. Siva had already been brought. Thereafter, both of them had been told specifically
by Mr. Wickremasinghe to ask the people in the parade to expose their teeth as
the correct person would have a deformity in the teeth. Fortunately, the
witnesses had a better sense of justice than Mr. Wickremasighe and failed to
identify any suspect.
15
Considering the track record of Mr. Wickremasighe coupled with his
conviction by Their Lordships Court on
the violation of the fundamental right of Mr. Mahanama Tillekeratne and his
subsequent efforts to defend the government, Mr. Ponnambalam's death can never
be solved by him.
It is, therefore, submitted that in the interests of justice as far as
the late Mr. Ponnambalam is concerned, the CID be detailed to investigate his
killing.
Yours
Faithfully,
Daya Perera - President's Counsel
Kumar Ponnambalam defended Sinhalese
Six months after the assassination these are the thoughts I wanted to express
at Kumar’s funeral but , I didn’t get an opportunity . I write as a minister of
the Christian church, as a member of a peace organisation namely the Sri Lanka
Group of the World Solidarity Forum for Justice and Peace in Sri Lanka, and as a member of the Sinhala Community. I
had known Kumar Ponapalam as a friend and a person with whom I had worked in
the progressive people’s movement . He was genuinely committed and a loveable
person. I first came to know him in the seventies when he readily responded to my request to defend a Sinhala insurgent from a
remote village in a murder case. He undertook the case free of charge and won
the case. That Sinhala village youth is now a respected member of society.
There were others whom he helped in this way , including one who became
an outstanding peasant and human rights organiser. Then we have worked together
in the peace movement when he was a member of the World Solidarity Forum. Later
our views diverged on the ethnic issues. However I disagreed with him I must
acknowledge that he emphasised a point of view , a certain dimension , shall we
say , that was seriously distorted and neglected by others. It was a side of
things that needed to be emphasised and
he stood practically alone in this and in doing so he showed outstanding,
amazing courage. It could well be said that he was unbalanced and it was
counter -productive but his inflexible courage and single-minded determinations
were beyond question. (An
appreciation by Revd. Yohan Devananda - Excerpts from The Island - Wednesday
July 5th, 2000)
Police say 15 most wanted criminals escape abroad !
Frederica Jansz in Colombo, 11 a.m. SLT Tuesday November 7, The police
say that 15 of the most wanted underworld gangsters have fled the country.
Colombo DIG Bodhi Liyanage claimed today that many of the underworld kingpins
have fled to countries like India, Italy, France and the Middle East. The police,
he said, have stepped up a crackdown on hardcore criminals in the country and
have netted 108 gangsters recently who are now serving time in police remand
prisons.
Meanwhile, in yet another police shake-up, senior cop Gamini Seneviratne
will be head the Crime Detective Bureau (CDD) which was formerly under the
stewardship of controversial police sleuth, Bandula 'Show' Wickramasinghe. The
latter has been transferred to police headquarters after it was alleged last
week that he had seriously assaulted a woman suspect. (Courtesy - THE LANKA ACADEMIC of
November 7, 2000 - Vol1-No. 216)
Note : Even though the
government of Sri Lanka has masterminded the assassination of Mr Kumar
Ponnambalam - it is believed that a few underworld gangsters were involved in this
assassination.
(Please refer to page 60, Assassination
“Hit list” prepared by Sri Lanka propagandists)
16
THE RIGHT OF PEOPLES TO SELF-DETERMINATION
Sri Lankan government talks peace only when it faces an election
18 January 2001 - The Sri Lankan
government talks about peace only when it has to face an election and that once
the election is over and the government is formed, it seeks to solve the
problem only by military means, said disappointed people in the Vanni to the
Bishop of the Mannar diocese of the Catholic Church.
LTTE Unilateral Cease-fire
London, 23 January 2001 - The Liberation Tigers of Tamil Eelam (LTTE) in an official statement
issued from its headquarters in Vanni, Northern Sri Lanka, extended its
unilateral cessation of hostilities for another month and called upon the
international community to persuade the Sri Lanka government to reciprocate
favourably and resume negotiations in a cordial atmosphere of peace and
normalcy.
The LTTE declared a month long cease-fire on 24th December 2000 as a
gesture of peace and goodwill for the festive season and called upon Sri Lanka
to respond positively. But the Kumaratunga government rejected the LTTE's offer
as a 'farce' and launched major offensive operations in Jaffna at the cost of
heavy casualties. The LTTE strictly observed peace and engaged only in
defensive war during the period. The Tiger's self-imposed cessation of
hostilities expires at midnight on the 24th January 2001.
'We have decided to extend the cease-fire for another month to prevent
the escalation of current hostilities into an all-out war and to provide
further space to facilitate the peace effort undertaken by the Norwegian
government. Our decision to observe peace for a further period demonstrates our
genuine and earnest desire for peace and our sincere commitment to peaceful
means of resolving the political conflict. We have taken this decision in
conformity with the collective will of the Tamil nation which demands peace and
also in compliance with the wish of the international community which pleads
for a peaceful means of resolving the conflict', the LTTE's statement declared.
'We are sad and disappointed to note that the Sri Lankan government has
rejected our unilateral declaration of cease-fire as a 'ruse'. The government
has not only discredited our genuine gesture of goodwill but also unleashed
major offensive operations during the declared period of peace with the
intention of provoking us. By its belligerent attitude and its actions the Sinhala
regime has demonstrated to the world that it wants to pursue a destructive path
of violence and war paying scant regard to the heavy loss of live caused among
combatants and civilians', the statement said.
'We wish to re-iterate that our liberation organisation is prepared to
enter into peace negotiations when Sri Lanka reciprocates favourably to our
unilateral declaration of cease-fire and agrees to implement the Norwegian
peace project aimed at the de-escalation of war and the normalisation of civilian
life. We again urge the international community, particularly the United
States, Great Britain, European Nations and India, to use their diplomatic good
offices to persuade Sri Lanka to renounce its hard-line militaristic approach
and adopt the path of peace, reconciliation and dialogue', the LTTE's statement
declared.
'It is the considered view of the LTTE that the Sri Lanka government's
rejection of the unilateral cease-fire declared by the LTTE and its refusal to
create congenial conditions for peace talks are aimed at perpetuating the
hostilities and conditions of war in the Island to justify its pursuit to have
the LTTE proscribed under the British Terrorism Act' the statement pointed out.
The statement concludes by saying that the LTTE has, through it chief
negotiator Mr. Anton Balasingham, informed the Norwegian Special Envoy Mr. Erik
Solheim, of its decision to extend the cease-fire and officially requested him
to convey the decision to the Sri Lanka Government.
10 Tamil parties appeal for cease-fire
29 December 2000 - A joint statement issued by a coalition of ten Tamil political parties
in Colombo said, "Sri Lankan government should
respond favourably to the call by the Liberation Tigers for a cease-fire and,
USA, Britain, India, members of the European Union and other countries
interested in solving the conflict in Sri Lanka should exert pressure on the
Sri Lankan Government to bring an end to the war."
17
A meeting was held at Tamil Eelam Liberation Organisation (TELO) head
quarters in Colombo. The Leader of TELO, Srikantha presided over the meeting.
The People's Liberation Organisation of Tamil Eelam (PLOTE), TELO, All Ceylon
Tamil Congress (ACTC), Tamil United Liberation Front (TULF), Ceylon National
Workers Congress, Democratic Workers’ Congress, National Workers Foundation and
Assiz Democratic Workers’ Congress participated.
Mr. Chandrasekaran, Member of Parliament representing the Upcountry Peoples
Front informed the meeting that his party would lend its support to the
decisions taken in the meeting.
The Tamil parties met the Ambassadors of the above mentioned countries to
promote the appeal for a cease-fire. They urged third party mediation stating
that the international community should focus their attention on mounting
incidents of racial killings against Tamils.
Recognise the right to self-determination of Tamils
Jaffna University teachers appeal to President
The community of the University of Jaffna appealed to
the President Her Excellency, to recognise the Right to self-determination of
the Tamils living in the country and to have peace talks with the Liberation
Tigers of Tamil Eelam (LTTE) making use of the unilateral declaration of
cease-fire from the side of the LTTE.
The community further stressed that the fundamental aspirations
of the Tamils in the country should be fulfilled without further delay.
In this connection a large meeting was held at the
esplanade of the University. The President of the Student Union Mr. S. Arnold
President, Representative of all the faculties at the University extended their
fullest co-operation and solidarity for the non violent action that is being
planned at district level, emphasising the urgent need to have peace talk with
the LTTE.
Vice-chancellor of the University Prof. P. Balasundarampillai,
Head of the History Department professor. S. K. Sittampalam, and Dean of the
Faculty of Arts Prof. S. Balanchandran were present.
Meanwhile, it is learnt that the Consortium of
Humanitarian Agencies in Jaffna, also expressed its furthest co-operation and
support for the action to be taken by community of the University of Jaffna on
the issue of the ethnic conflict in the country. (The Weekend Express 6-7 January
2001)
10,000 Demonstrated in Jaffna
17 January 2001 - More than ten
thousand people in Jaffna comprising university students, high-school students,
residents and representatives and members of civil organisations demonstrated
urging the Sri Lankan government to reciprocate the Liberation Tigers
unilateral cease-fire and negotiate with the movement. Thousands more people
were turned away by Sri Lankan security forces at check points set up along the
major roads leading to the university, residents said. Reporters were not
permitted into the university either.
The security forces had refused to allow peace demonstration and warned
students, lecturers and residents of the dire consequences of participating in
it. On January 13th, nine students were
arrested by the Sri Lanka Army.
Roads leading to the university were blocked off with barbed wire placed across
some of the streets. Army also set up roadblocks at the major entrances to the
university and refused entry to the grounds for anyone who was not staff or a
student there.
However people had scaled over the walls and found ways around the blocked
streets to enter the grounds, which were decorated in red and yellow bunting,
and join the protest.
The bicycles of hundreds of participating students were confiscated, loaded
onto a truck and taken away by the Army. The identity cards of several students
were also confiscated and taken to the nearby Army camp. The students were told
to report to the Army to get their cards back.
Some students who were attempting to circumvent a roadblock were chased by
police, and in attempting to jump over a wall, were injured, organisers said.
18
The event, titled “Pongu Tamil”,
began with the ceremonial lighting of the “freedom flame” as the protestors
termed it - by University Vice Chancellor
Professor K Balasundarampillai and other dignitaries.
Professor Balasundarampillai said that he was proud to see the university
student body raising their voices in support of freedom and peace. He expressed
the hope that the ‘Pongu Tamil’ gathering would provide the impetus for an
upraising of Tamil voices in support of peace and the recognition of the
importance of the Norwegian mediated peace efforts.
K Thevaraj, the President of the Jaffna University Teachers Association also
spoke at the event, followed by the President of the Jaffna University Students
Association.
Declaration by representatives of
Jaffna University
A DECLARATION MADE BY THE REPRESENTATIVES OF THE
JAFFNA UNIVERSITY AT THE “PONKU TAMIL” EVENT ON 17TH JANUARY 2001 AT UNIVERSITY
GROUND OF JAFFNA
We are assembled here on this occasion to express the voice of our soul
with unanimity. The government of Sri Lanka should stop this ruinous and
dangerous war forthwith and commence a just and meaningful negotiation with the
LTTE.
Through this negotiation we should find a political solution to fulfil
the aspirations of Tamils by recognising the concepts of
1) TAMIL
NATIONALISM
2) TRADITIONAL
HOME LAND
3) RIGHTS OF SELF DETERMINATION
The feelings of our people have been
frozen due to fear of long-term oppressive measures.
Please understand the genuine feelings and aspirations of our people in
a clear perspective.
You should therefore in all conscience speak for finding a just and
durable solution for our peaceful living
1) The Jaffna
university teachers association
2) The Jaffna
university students union
3) The Jaffna
university executive officers union
4) The Jaffna
university employers union
5) The Jaffna
university clerical & technical staff union
Batticaloa University for cease-fire,
self-determination
25 January 2001 - Students and teachers of the Eastern University in Batticaloa wore black
bands on their arms and observed five minutes of silence to urge the Sri Lankan government to
recognise the Tamil people's right of self determination and to reciprocate the
extended unilateral cease-fire declared by the Liberation Tigers. The Sri Lanka
army in Batticaloa has repeatedly warned the public and civil society groups in
this east coast district that it is a serious offence to hold meetings,
picketing, demonstrations and marches calling on the government to take steps
to expedite the peace process for ending the island ethnic conflict.
19
"LTTE got a wide support of the Tamil community
in self-government"
-
Peter Hain,
British Foreign Office Minister
"Islander" - interview with Peter Hain
Q:Mr. Minister, I understand that
you will be visiting Sri Lanka. Were you invited by the Sri Lankan government?
A; It's a longstanding invitation
from the Sri Lankan government which I am delighted to accept. I was due to go
there a year ago but because of other things, it wasn't possible to do it. Our
friendship with Sri Lanka goes back many generations and we want to strengthen
that friendship and also help to move Sri Lanka forward.
Q; The present
Sri Lankan government has offered a substantial devolution package to the Tamil
community, but it was rejected by the LTTE. The LTTE only come for negotiations
when they are militarily weak so that they can re-arm and re-group and get
ready for the next assault. Many people believe the LTTE do not intend to end
this war through negotiations.
A; That 's not my impression.
Whatever happened in the past, there has been a lot of bad faith. You have to
find your way around this. What is also clear to me is that the Sri Lanka armed
forces cannot defeat the LTTE entirely. The LTTE cannot win militarily what it
wants. Tamil Kingdom is not going to be achievable militarily. They can only
achieve both their interests with compromises, and taking difficult decisions
and making tough choices, if they sit down and talk.
My own personal background, as somebody who was involved in the freedom
struggle in South Africa, I can understand the difficulties of a country like
Sri Lanka which was held back by colonialism over such a long period. I think
that there comes a time when a momentum towards peace starts. The people
realise that the other options have been exhausted
Q; Don't you think that the LTTE
will agree to nothing less than an Independent State for themselves?
A; I think that's what the LTTE
wants to achieve and they got a wide
support of the Tamil community in self-government. But as we have
demonstrated you can still preserve the territorial sovereignty and the single
nation as in Britain. We have Ireland as well, just like in Sri Lanka. We have
achieved it and I think it is possible to achieve it there also. But it needs
patience and the Sinhalese majority needs to back the government. Some of the
hard-line decisions coming from within the community need to be moderated.
Otherwise, you will be fighting forever.
Q; What message could you give to both
the Sri Lankan government and the LTTE?
A; My message is we are ready to help. Britain has a
unique role to play here. This is the historic moment to start negotiating and
stop fighting. To the LTTE I say, you can come to the negotiating table with
dignity with your political objectives understood, and you can achieve
something that the Tamil community wanted for generations, that's self
government.
To the President and the government, I would say the international community
will support you in getting every last mile to achieve peace through
negotiations. Once it is achieved, then I think the prospect for European and
other donor support, investments in the Tamil community areas and the rest of
the country will mean more economic development. We cannot help now in this
regard in the way we want because there is a war going on. (Excerpts from 'The Sunday
Island' - 19th November, 2000)
20
LTTE leader offers peace talks,
Prime Minister of Sri Lanka vows war !
COLOMBO, Nov 27, 2000 (AFP) - Sri Lanka's Tamil rebel supremo Monday
offered talks with the government with no preconditions other than an
insistence on a "cordial atmosphere" as a backdrop to the
negotiations.
Velupillai Prabhakaran, in his annual
Heroes Week speech to commemorate the deaths of some 16,000 fighters in the
past 18 years, said his Liberation Tigers of Tamil Eelam (LTTE) were keen to
end the ethnic conflict peacefully.
"We are not imposing any pre-conditions for peace
talks," Prabhakaran said. "Yet, we insist on the creation of a
cordial atmosphere and conditions of normalcy conducive for peace
negotiations."
Prabhakaran said the Norwegian government, which has
been acting as a "facilitator" to bring the LTTE and the government
to the negotiating table, has proposed several confidence-building measures. He
said action should be taken by both sides to allow the conflict to de-escalate,
with a view to ending hostilities completely.
"It is particularly difficult for both the parties,
who have been involved in a savage and bloody war for the past two decades with
mutual animosity and distrust, to suddenly enter into a peace process, while
continuing hostilities.
"It is precisely for this reason we propose a
process of de-escalation of war leading to a cessation of hostilities and the
creation of a peaceful, cordial environment," Prabhakaran said. In his
keenly awaited policy statement made at the end of the week-long Heroes Week,
Prabhakaran accused President Chandrika Kumaratunga's government of sending
conflicting signals over the issue.
"We have our doubts as to whether this
government, which particularly depends on (majority) Sinhala racists and
(minority) Tamil traitors for its sustenance, will be able to make any bold decisions
to resolve the Tamil national question," he said.
"The Sinhala nation cannot impose its sovereignty
over the historically constituted lands of the Tamils by military aggression
and occupation,"
His speech coincided with remarks by Prime Minister
Ratnasiri Wickremanayake, which cast doubts over the success of any peace
process with the Tamil Tigers. Wickremanayake, who assumed duties as acting
defence minister last week, said there will be no let-up in the military
campaign against the LTTE, despite the latest peace moves which are backed by
Norway.
The European Union, the US and neighbouring India have
supported the peace efforts although the two warring sides are yet to agree on
meeting face-to-face. The prime minister also dismissed comments by Britain's
junior foreign minister Peter Hain which urged Sri Lanka to follow the Northern
Ireland peace talks model.
The Prime Minister said that other
countries' experiences could not be "planted" in Sri Lanka. "We
will carry on the military option until the enemy is totally eliminated,"
the state-run Daily News quoted him as saying. "The government is
certainly not for the cease-fire as previous experiences have shown that the
enemy insists on cease-fire only when it is weak."
21
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The offensive war in the north and east by the Sri
Lankan armed forces is continuing with heavy civilian casualties, forced
internal displacements, external refugees, and crimes against humanity. Fundamental rights violations including
economic, social and cultural rights and civil and political rights are used as weapons against the
Tamil population in the north and east. The Sri Lankan government does not
comply with its obligations under the International Covenant on Economic,
Social and Cultural Rights. It is a
fact known to the United Nations as well as to the international
community. However, the United Nations
and the international community are not taking constructive actions against the
non-compliance by the Sri Lankan government.
On 6 May 2000, the International Working Group on Sri
Lanka, a coalition of aid agencies and human rights organisations, called on
the international community to avert an impending
humanitarian crisis in Sri Lanka (Human Right watch 2001).
In December 2000, the European Union, whilst
discussing financial assistance for the Sri Lankan government, urged
negotiations to end the protracted conflict in Sri Lanka and called for a
lasting solution which would take "substantial account of the aspirations"
of the Tamils within Sri Lanka's territorial integrity and unity. A declaration
by the Presidency on behalf of the European Union on Sri Lanka at the World
Bank Development Forum also urged the
Sri Lankan government to ease the hardships of the displaced people in the
Northeast and welcomed the Norwegian peace initiative, whilst expressing
concern at defence expenditure.
In November 2000, Norway's Special envoy Mr. Eric Solheim
who returned from Vanni
after meeting the leader of the Liberation Tigers, V. Pirapaharan told
journalists in Colombo that the LTTE had not laid down any precondition to
begin talks with the Sri Lankan Government. He said the LTTE leader brought to
the notice of the Norway's delegation that the Tamil areas of the island was
suffering under the economic embargo imposed by the Sri Lankan government and that he wanted quick return of
normalcy in the Northeast.
Consequently, a “good-will” cease-fire was unilaterally implemented by
the LTTE.
Between December 2000 and January 2001, on several
occasions, the Sri Lankan government
rejected the Liberation Tigers offer of a "goodwill" cease-fire,
asserting that military operations by the armed forces would continue. A
statement issued by the Presidential Secretariat also said that "further
gestures of goodwill are unnecessary " rejecting the LTTE's call to de-
escalate the conflict for negotiations to take place in conditions of normalcy.
On January 17, 2001, the Sri Lankan government began the offensive war with the
code name of “Operation Kinihira-IX”.
1. Gross violations of human rights prevail,
2. Economic growth and development hindered,
3. 614,00 people are internally displaced,
4. Approximately one third of the child population
remains displaced
5. Acute decline of infrastructures, social service
delivery in LTTE controlled areas
6. Economic and social marginalisation of LTTE controlled
areas continues.
7. An estimated 900,000 children reside in the
geographically and economically marginalized LTTE controlled areas.
22
RIGHT TO HOUSING
In early January 2001,
the Sri Lankan army
demolished more than three hundred homes
in the south-western coastal suburbs of Jaffna town to construct large military
facilities.
As of the end of September 2000, the total number of Internally
Displaced people (IDPs) was estimated by UNHCR at 800,000 (UNHCR, November
2000). Of which, about 300,000 IDPs are
located in Vanni area and 16,000 persons are in Trincomalee.
Before the escalation in fighting in April 2000, some 600,000 Internally Displaced Peoples
(IDPs) relied on friends or relatives for shelter (Human Rights Watch 2001). By
mid-September, another 250,000 people, almost all of them residents of Jaffna
district, had reportedly been displaced.
About 100,000 people in Sri Lanka north and east were thought to be
struggling for survival unassisted.
Many families have been displaced
several times (repeated displacement) and are thus increasingly vulnerable
and dependent (Norwegian Refugee Council, 30 Nov 2000).
Shelter from blazing sun or heavy monsoon rains is the primary concern
during the initial phase of displacement.
Current property law dispossesses IDPs after 10 years (UNHCR, November
2000, p.9-10). This is a main concern
of many IDPs from Mannar and Jaffna. Their prospect for return to their homes
are blurred due to the current property law which in principle entails that
titles deeds expires after 10 years of
not exerting usufruct of property.
Military operations and security considerations prohibit return to
village of origin and result in the loss of property and assets over time; the
taking of property, specifically agricultural land and houses for military use
(airport, bases and security zones) is another concern, as is the erosion of
livelihoods caused by restrictions placed on traditional income-earning
activities such as fishing, farming and cottage industry.
In Thenmarachchi Division, 55,000
people, 75% of the population, are displaced and they are having
accommodation problems (British Refugee Council, June 2000).
80% houses damaged in Jaffna
The Jaffna NGO Consortium says that Jaffna people face enormous
difficulties in day-to-day life. Military operations have damaged 80% of the
176,300 houses in the peninsula. Over 17,000 houses have been completely
destroyed. Reports say Rs 478 million ($9.6 million) approved by President
Kumaratunge for repair of buildings has not been paid. In Jaffna a packet of
cement is sold at Rs 535 while the price in other districts is only Rs
265. (Excerpts from - THE SRI LANKA
MONITOR )
RIGHT TO FOOD
On
returning from a five day visit to the Vanni region on 19 January 2001, the Bishop of the Mannar Diocese of the
Catholic Church, Rt. Rev. Rajappu Joseph said “ The displaced civilians of
the Vanni receive only 25 percent of the relief due to them from the government
and most people there are unable to make a living or ply their trade because of
the continuing economic embargo on the region“.
23
Four patients suffering from severe
malnutrition died in December 2000 in
Vavuniya.
Severe malnutrition is prevalent in the Vanni, particularly among
children. Eight adults and 25 severely
malnourished children under 12 were admitted to Killinochchi Hospital
during December 2000.
A senior health officer in the north said that there
has been alarming increase in infant
mortality and the birth of underweight infants recorded in the two
hospitals currently functioning in the Mullathivu district and in the Vanni.
Decision to put Sri Lanka on a “war footing” has
resulted in the reductions in food
assistance to the IDPs (UNHCR, November 2000, p.8). Accordingly, the Government
Agents in the north and east indicated that funds are being released in reduced
quantities on a month to month basis from the Treasury.
“The Defence Ministry ordered a 30% cut in the food
supply to Killiochchi and Mullaitivu districts from January 2000. Earlier 240 lorry-loads of food were allowed
into Vanni whereas twice the amount was needed in the area. The
military continues to deny permission for sufficient food and medicines to be
taken into the Vanni area. In July
Army refused to allow an ambulance presented by UNICEF into the Vanni. The Red Cross has written to the Health
minister about shortage of medicines, but has received no reply (British
Refugee Council, July 2000).
Severe shortage of food supply in the Vanni leaves almost 350,000 civilians without food and
other essential supplies (Norwegian
Refugee Council, November 2000).
Despite repeated appeals by international agencies,
the Sri Lankan government has failed to ensure that adequate humanitarian aid
reaches the internally displaced and other people in northern Vanni
region. The military continues to deny permission for sufficient food and
medicines to be taken into the area. (British Refugee Council, July 2000).
Three-fold increase in low-birth-weight babies (20% of
all new born) in the conflict areas due to the irregular and insufficient
supply of good quality food. Seven (7%) percent severe malnutrition
has been recorded in the northern areas (Norwegian Refugee Council, July 2000).
From July 2000, the government drastically reduced the
number of persons eligible to receive dry rations in the north and east. Displaced people who have immediate
relatives living overseas are not provided with the dry rations and other
support services in the north and east of Sri Lanka. At the end of 2000, the overall reduction of food rations had
created a humanitarian problems in the
displaced areas in the north and east of Sri Lanka.
The Council of NGOs in Jaffna, through the Consortium
of Humanitarian Agencies has been attempting to draw public attention to the
situation in Jaffna. A critical issue
they have focussed on is the decision to withdraw
relief payments to over 90,000 persons in the peninsula, from areas in
Vadamarachchi, Thenmarachchi regions.
According to
the British Refugee Council report, February 2000, estimated 22,450 Tamil
refuges confined to camps and suffer without
sufficient food in Army controlled Vavuniya.
RIGHT TO HEALTH
According Bishop of Mannar, Rayappu Joseph, the people in Vanni are much
affected by the severe shortage of drugs caused by draconian restrictions
imposed by the Sri Lanka government.
In a report in January
2001, the International Committee of the Red Cross (ICRC) revealed that it had
transported 3807
patients by ship from Jaffna to
Trincomalee in 2000.
Due to the decade long economic embargo imposed to the Tamil
region, the hospitals in Vanni unable
to treat scores of people in the district bitten by rabid dogs because it has
no anti-rabies vaccine in stock.
In Vanni, most of the pregnant
mothers who make it to the hospital for childbirth are malnourished or
afflicted by disease.
Shortage of medicines plagues the Vanni regions, where thousands of
refugees continue to suffer. At a
meeting in Colombo on 12 November 2000, TULF MPs told Prime Minister that
despite approval of the Defence Ministry, army
officers have refused to allow medicines for two quarters of 2000 into the
Vanni and are holding them at Vavuniya (British Refugee Council, November 2000).
The government of Sri Lanka seriously
restricted medicine to Vanni area.
This restrictions have contributed to a general deterioration in quality
and quantity of medical care in the Vanni region (Medicine Sans Frontiers, 26
April 2000).
24
Medicine sans Frontiers (MSF) in a press release from
Colombo on 17 April 2000 called upon the Government of Sri Lanka to allow the
re-supply of urgently needed essential medicines to the northern region of the
country. The press release said “ The shortage of medications has become so
critical that patients are being turned away from hospitals and clinics without
receiving the necessary treatment. We are facing a situation where clinics and
hospitals have closed or are no longer accepting patients because
they cannot provide treatment for these civilians, many of whom are women and
children”.
British Refugee Council, Sri Lanka Monitor reported in
its June 2000 issue that Tamil civilians died without medicine. The report also said that 500,000 Tamil people in Vanni are suffering
due to the economic blockade of the Sri Lankan government.
The general situation of supply of medicine to
government hospitals in the Vanni
region further deteriorated in June, with MSF increasingly being forced
to resort to transferring patients to Vavuniya for treatments (UNHCR
November 2000, p. 10).
People have been exposed to risks of epidemics and war
related sickness; the capacity to deal with such situations has drastically
declined (Norwegian Refugee Council, November 2000). A key issue for a large proportion of IDP in the conflict areas,
and particularly in the areas under the control of the LTTE, is the restrictions imposed on the delivery of
supplies (Office for the Co-ordination of Humanitarian Affairs, July 2000,
p.104).
Fifty-eight per
cent of all infant and under five deaths are attributable to short gestation
periods, low birth rates, poor prenatal care
and acute respiratory infections (ARI).
ARI, Diarrhoea and malaria continue to be the greatest causes of
mortality and morbidity in the Northeast. Inadequate and irregular flow of
medicines and supplies constraints health care delivery services (UNICEF
Appeal 2000 Sri Lanka).
According to UN OCHA, “Displaced children in Sri Lanka
suffer unacceptable levels of ill-health, disease and hunger. There are no reliable figures for child
mortality among displaced populations, but the death rate is likely to be high
compared to the rest of the country because such children are denied access to quality healthcares, essential medicine
and an adequate diet”.
Sanitary conditions are extremely poor in the camps,
which are referred to as “welfare centre”.
Refugees say that in some camps cleaning
of latrines are irregular and may be causing disease (British Refugee
Council, February 2000).
In June 2000:
In July 2000:
25
December 2000:
Year 2000 -
290 Children at the Malavi hospital were born underweight
250 Children at the Puthukudiyiruppu hospital
were born underweight
020 Children died at Killinochi district hospital due to lack of medicine
160 Patients died at the hospitals in Vanni due to lack of medicine
150 Died
within 24 hours of admission
Ps. The
actual figures are higher.
MSF urges respect for the safety of civilians safety
caught in Sri Lanka fighting
Press release: May 16 2000, Colombo, Sri Lanka - The emergency medical organisation Médecins Sans
Frontières (MSF) today expressed grave concern for the safety and medical care
of the civilian population in Sri Lanka as a result of increased fighting in
the Jaffna peninsula and vicinity.
Recent attacks have resulted in civilian casualties. The location of
potential military targets next to health facilities further endangers the
patients and health personnel and may prevent the access of the civilian
population to medical care.
The free movement of civilians away from military combat areas should be
granted by all parties. The refusal to allow MSF and the Ministry of Health to
bring in sufficient medical supplies into the Wanni and Jaffna has made
treatment of such casualties especially difficult.
One of the military bases in Jaffna is located inside the old hospital
compound. Presently the boundaries of the military base is less than 15 meters
from the paediatric ward of Jaffna Teaching Hospital. Soldiers regularly go
through the hospital on their way out of the military base. The location of
other military installations in the peninsula are near displaced camps,
schools, health facilities and other places of civilian use.
Since May 9th night a curfew was declared in Jaffna and Chavakachcheri
Municipalities day and night, it has been lifted some days between 9am and
12pm. Since then and up to May 14th Jaffna Teaching Hospital was not functional
for lack of nursing and attendant staff. Only the doctors had passes to go to
the hospital. On May 14th, 60 to 70 passes were issued for health personnel to
go and work in the hospital. Although now Jaffna Teaching Hospital starts to be
operational again, the staff is still insufficient to provide minimum emergency
care to the population of Jaffna.
On the afternoon of May 12th, jets bombed the fishing village of
Pallikuda, near Pooneryn. Five members of one family died immediately,
including two children aged three months and two years. Doctors at Mallavi
Hospital provided treatment for eleven other victims of the bombing, including
four who required life-saving operations. Three of the total were children, one
of whom, age seven years, lost an arm. Further treatment was hindered by a
critical shortage of medical supplies, especially emergency surgical items, dressing
materials and antibiotics. Five patients needing post-operative care were
transferred to Vavuniya hospital, a difficult journey that takes at least six
hours.
According to local villagers, on the morning of May 13th, a boat with 5
fishermen was gunned in a known fishing spot South of Silivaturai (Mannar
District) by a Sri Lankan Navy (SLN) patrol. The five fishermen were recovered
by the villagers, the patrol of SLN approached the village coast and fired at
the village for 30 minutes approximately. Three people on the boat were injured
(one 72 years old one 54 and one 47) and brought to Murunkan Hospital and then
transferred to Vavuniya and Mannar Hospitals for surgery.
26
On the afternoon of May 15th, three or four shells landed in
Columbuthurai West killing five people and injuring six. On May 14th and 15th,
there were reports that groups of civilians who wanted to leave Jaffna town
were prevented doing so at military checkpoints.
Both parties have made appeal on several occasions for civilians to move
out of possible target areas, the LTTE for parts of Jaffna and the Sri Lankan
Army for major towns in the Wanni (May 15th) . Warning civilians of military
operations does not take away the responsibilities of the safety of civilians.
MSF also calls upon the Sri Lankan government to permit adequate medical
supplies into the region, to allow emergency civilian treatment to continue at
hospitals in rebel-controlled areas and to expedite the transport of these
supplies without further delay.
Since March, the transportation of medical supplies has been severely
restricted by the Security Forces. Over the last weeks, more than 40 patients
have had to be transferred or discharged without adequate surgical treatment
and more than 3,700 out-patients have been sent home without medication. (Excerpts from the press release of Médecins
Sans Frontières (MSF) May 16 2000, Colombo, Sri Lanka)
RIGHT TO EDUCATION
Access to education for the 270,000 displaced children is undermined by the recurrent
nature of displacement itself, which make it difficult for regular school
attendance. Other factors include
malnutrition, poverty, lack of teachers and unavailability of schools, which
are occupied by IDPs (Save the Children-UK, May 2000).
Schools and teachers in host communities are ill
equipped to accommodate the needs of large numbers of IDPs. Absenteeism is on the rise due to poor
nutrition and health conditions. School
buildings are often used to house refugees.
School dropout is vulnerable to exploitation and sexual abuse and eventually turns to unskilled labour to earn income
(UNICEF
APPEAL 2000 Sri Lanka).
Education for children is a primary concern of the
displaced persons. Education is an
irregular activity. When educational
facilities are available, they are often
overcrowded and inadequate for even basic educational activities (OCHA
6 July 2000, p.107).
Access to school undermined by indiscriminate attacks
on civilians, shortage of teachers, malnutrition, poverty and loss of birth
certificates. School fees or uniforms are used as excuses to exclude IDP children
from school. (Norwegian Refugee Council, November 2000).
In June 2000:
27
In July 2000:
In August 2000:
In November 2000:
In December 2000:
75 Schools defunct
More than 75 schools functioned at Thenmaradchchy are
now defunct due to the present war situation. The Zonal Education Department
for Thenmaradchchy is presently functioning at the Nelliayady Maha Vidyalayam.
Government Teachers serving in Thenmaradchchy do not have the facilities to
perform their duties as a majority of the schools are closed due to lack of
physical facilities. (Excerpts from "The Weekend
Express" - 8-9 July 2000)
RIGHT TO WORK
Sri Lanka army targets Tamil farmers in Batticola
District and beheads one (British refugee Council, August 2000). Sri Lankan
solders have shot dead one farmer and attacked another farmer with knives
before cutting his head off. The two
farmers had been working in a paddy field.
Since June 1990, the Sri Lankan offensive
continued almost without a break. Its
greatest causalities have been the tens of thousands
of subsistence level farmers, fishermen, labourers, traders, businessmen,
and public servants. The north suffers
from a government embargo on numerous goods and raw materials, such as
chemicals, fuel and fertilisers. Bombing and shelling have caused immense
damage to the infrastructure and physical fabric of the fishing, agriculture and
small industries.
28
In June 2000:
In July 2000:
In August 2000:
In September 2000:
In November 2000:
In December 2000:
29
COLONISATION
50% of the Tamil ancestral homeland was colonised by Sinhalese
(A few excerpts from "Sinhala Colonisation")
Since 1827 - Tamil and Sinhala populations in the Eastern
province
(Table is shown on a language basis)
Tamil Sinhala
Year Speaking Speaking
1827 99.24% 0.53%
1881 93.82% 4.66%
1891 93.89% 5.06%
1901 91.8% 5.05%
1911 93.4% 3.76%
1921 93.95% 4.53%
1946 87.8% 9.87%
1953 85.5% 13.11%
1963 79.25% 19.9%
1971 78.61% 20.7%
1981 74.4% 24.92%
After Independence from the British in 1948, the Colombo government
started implementing new legislation to requisition land and settle the Sinhala
population. The government put into place a scheme planned to reduce the land of
the Tamils and increase the land of the Sinhala population.
In its plan was the demarcation of borders intended to reclaim Tamil
land in order to benefit the Sinhala people.
Since 1827 - Tamil and Sinhala populations in
Batticaloa district
Table is shown on language basis
Tamil Sinhala
Year Speaking Speaking
1827 99.62% 0.00%
1881 93.27% 4.75%
1891 93.2% 5.21%
1901 92.34% 5.21%
1911 92.95% 3.74%
1921 93.12% 4.56%
1946 92.55% 5.83%
1953 87.64% 11.52%
1963* 95.6% 3.35%*
1971* 94.49% 4.49%
1981* 95.95% 3.21%
* In 1963, a new district of Amparai was carved out of
the Batticaloa district
Tamil and Sinhala population in Amparai district
Table is shown language basis
(Amparai district was created in 1963)
Tamil Sinhala
Year Speaking Speaking
1963 70.22% 29.34%
1971 69.47% 30.18%
1981 62.03% 37.64%
Those who were resettled under the government plan were looked after by
the Sri Lankan government. These Sinhala settlers were the troublemakers and
the government did nothing to control them.
30
During ethnic conflicts the Sinhalese brought armed thugs to chase the
Tamils away from their villages and the Sinhalese came and settled in these
Tamil areas.
Recently in the District of Amparai more than 300 Saivaite (in English -
"Hindu") temples were
damaged. The priest of the well-known Murugan Temple was driven out and replaced
by a Buddhist priest. Buddhists also control the nearby Buddhist
Temple.
In the Eastern Province in 1948 the Sinhala population was only 5% but
by 1995 it had increased to 24%. This is the result of the Sinhala government’s
planned resettlement of Tamil areas by Sinhalese colonists.
Since 1827 - Tamil and Sinhala populations in
Tamil Sinhala
Year Speaking Speaking
1827 98.45% 1.53%
1881 90.72% 4.21%
1891 91.44% 4.3%
1901 89.04% 4.22%
1911 90.54% 3.82%
1921 92.13% 4.38%
1946 75.09% 20.68%
1953 78.8% 18.22%
1963 79.25% 19.9%
1971 70.2% 28.8%
1981 65.38% 33.62%
In 1833 the
Colebrook-Cameron Commission allocated approximately
26,500 sq.km as the Tamil People’s Ancestral Motherland.
In 1901 when the
nine provinces came into being, the Tamil administration of the Northern and
Eastern Provinces measured approximately 19,100
sq.km Due to some of the area being incorporated into the Sinhalese
provinces the Tamil area had been reduced by approximately 7,500 sq.km.
After 1948 the government’s settlement plan deprived the Tamils of 7,000 sq.km. in the Eastern Province and 500 sq.km. in
the Northern Province. Although the Tamils protested, the Colombo
administration ignored the Tamils and settled Sinhalese in these regions.
Approximately 7,500 sq.km of Tamil land was plundered by the Sinhala Government’s Demarcation and
Resettlement Plan when it came into operation. This has been taking place over
the last forty years.
Before 1833, 25% of Tamil speaking people occupied 35%
of land, which was in their administration as Tamil ancestral homeland. In 1901
this area shrunk from 35% to 29%.
Within 162 years the Sinhalese government under its crafty Demarcation
and Resettlement Plan has plundered 50%
of the Tamil ancestral homeland and is still attempting to colonise more
and more!
(Excerpts from -
"SINHALA COLONISATION" submitted to the Fifty-sixth session of the UN
Commission on Human Rights by TCHR - "SINHALA COLONISATION" written
by K. Sachithanandan, Research officer -
Colombo Fisheries Corporation, Lecturer at the University of Jaffna,
Adviser to the United Nations on Food and Agriculture in twenty-three countries)
31
CIVIL AND POLITICAL RIGHTS
State of Emergency
27 years of emergency rule in Sri
Lanka
* The
Sri Lankan constitution (article 155) and the Public Security Ordinance (No 25
of 1947) empower the President to declare a state of Emergency.
* Emergency rule in Sri
Lanka has continues since 1971, except for brief intervals.
* From
independence in 1948, up to the end of June 2000, the island has been under
Emergency rule for 9,825 days (nearly 27
years out of 53 years of independence).
* The People’s Alliance
government re-introduced Emergency in October 1994.
The government declared that the country is in a "state of
war", and introduced Emergency (Miscellaneous Provisions and Powers)
Regulation No 1 on 3 May 2000 (Gazette No 1131/8), widening the powers of the
President and the security forces. The regulations were amended on 10 May
(Gazette No 1131/20) and 16 May 2000 (Gazette No 1132/14). These replace
Emergency regulations promulgated on 4 November 1994 (Gazette No 843/12).
The new regulations have heightened fears of Tamils in Colombo and other
southern areas. Press censorship under the regulations requiring prior approval
for war-related news was imposed on 3 May by the Censor.
The Newspapers banned under the Emergency regulations for nearly six
months :
1 - Uthayan ('Rising Sun' - The only newspaper in Jaffna)
2 - Sunday Leader (English weekly journal - Colombo)
3 - Irida Peramuna ('Sunday Front' Sinhala weekly - Colombo)
The Defence Minister or the Defence Secretary may order a detainee under
Emergency regulations or the PTA to be sent to a rehabilitation centre under a
Commissioner General of Rehabilitation. The consent of the detainee is not
needed and a number of detainees have been sent to rehabilitation centres. The
security forces must send a person who surrenders, to a rehabilitation centre,
after obtaining a written statement that he/she surrendered voluntarily.
Trials under the regulations are without a jury and conditional release
of a convicted person, permitted under normal laws, is not allowed. Confession or an incriminatory statement,
to whomever and wherever made, is admissible as evidence under Emergency
regulations. The burden of proving facts to reduce or minimise the weight
of such a confession or that it is irrelevant, will lie on the accused. Under
normal law (Evidence Ordinance), only a confession made to a magistrate is
admitted as evidence. A confession implicating another accused person in the
same offence, although inadmissible under normal law, can be evidence under
Emergency regulations. CIJL has stated that admissibility of confessions
encourages torture.
Emergency regulations in Sri Lanka have been criticised as falling far
below internationally accepted standards. Human rights agencies say restrictions
under the regulations go far beyond derogation permitted under the ICCPR. The UN Working Group on Enforced or
Involuntary Disappearances urged the Sri Lankan government in April 2000 to
abolish the PTA and Emergency regulations or bring them into line with
international standards.
Emergency context in North
and East Sri Lanka
A state of emergency remains in force throughout the country. No real
progress has been made towards a resolution of the ethnic issue. Since the beginning of 2000, military gains
over peace talks have been prioritised (BBC, 15 November 2000).
32
In May 2000, the President of Sri Lanka promulgated new emergency
regulations, which put the country on a “war footing”. Amnesty International has expressed serious
concerns about the new regulations and erosion of some human rights such as
right to life and the right not to be tortured (Amnesty International, 2000).
Intensified fighting from April 2000 trapped thousands of civilians in
conflict zones (Human Right Watch, 2001).
According to the report,
1 - Civilian’s
deaths and injuries on the Jaffna peninsula were reported in the hundreds
2 - In the
North and East, many conflict related deaths were the result of errant shelling
and gunshots
3
- Displaced persons and other Tamil civilians
in the north and east faced discrimination, restrictions on their freedom of
movement, arbitrary arrest, and custodial abuse at the hands of government
forces. Due to government restrictions,
Tamil civilians were often unable to reach work sites to earn a living, attend
schools, or seek urgent medical care.
4
- In eastern Sri Lanka, army and
police units continued to impose forced labour, demanding that IDPs and other
civilians work without pay building sentry posts, cutting wood and cleaning
military camps.
"New Emergency Regulations erosion of human rights
protection."
Some salient points from the July 2000 report
by Amnesty International on SRI
LANKA
Page 5: “The changes made to the Emergency
Regulations in May 2000, far from ensuring the regulations’ compliance with Sri
Lanka’s obligations under international human rights law, instead further erode
the protections they contain against human rights violations. They facilitate
torture and “disappearances”, violations of non-derogable rights such as the
rights to life and the right not to be tortured.”
Page 13:
“Prisoners held in the custody of their interrogators are most at risk
of torture.”
Page 16:
“The emergency regulations could be used to cover up illegal killings.”
ER 17 (p 8 ) Detention
in custody. Preventive detention: No court can object! It would appear
that the reason this was brought in was
to stop the fundamental Human rights cases which have been going through the
Supreme Court.
ER 18/19 (p
10,11 ) Investigative detention:
An arrested person can be kept in ANY PLACE for 90 days. Arrest can be
made by “any authorised person” this can be open to serious abuse. A Person
can be kept for 9 months without charge simply by police or armed forces making
an application to the court. The Court appears to have no discretion at all.
ER 20 (p 11,
12 )
“Rehabilitation” can be for up to 2 years. But regulation under which
issued (ER20A) contains no
timeframe. (Preventive and investigative detention can turn into a
Rehabilitation order)
The International Covenant on Civil and Political Rights (ICCPR) states in article 9(2) that - Prompt notification should be given as to
WHY a person is arrested. Those arrested should be brought to courts and trial
promptly. CLEARLY article 9 (2) of
the ICCPR is grossly contravened by ER20.
Further serious concerns:
- It is not a
legal requirement that places of detention must be listed! This clearly
increases the risk of secret detention
centres (p.12)
- The Reporting of arrests are not
required to any authority. This also facilitates secret detention centres (p.
13)
- No informing to close relative
required (p. 13)
- No separation of responsibilities for custody and
investigation (Such a separation of responsibilities has been recommended by
Human rights groups but has never been taken on board) (p.13)
- No requirement for magistrates to
visit detention centres (p.13)
-
No longer any obligation for
officers-in-charge of places of detention to furnish lists of detainees to
local magistrate to display on notice boards. (p. 13)
33
22 Years of PTA
In July 1979 the Prevention of Terrorism Act (PTA) was introduced in Sri
Lanka. The Prevention of Terrorism (Temporary provision) Act No. 48 of 1979
gives wide powers to the police and the Minister of Defence to arrest and
detain Tamils for a period of 18 months at a stretch without being produced in
courts. This Act gives a free hand to the Security forces to arrest, detain,
torture, rape, kill and dispose bodies with impunity.
Torture
"Torture has been banned by UN treaty since 1987… but since the
beginning of 1972 torture became a
major problem in Sri Lanka. Arrested People, especially Tamils are tortured not
just for information but because of who they are or what they believe". - TCHR
The sexual abuse of male detainees in Sri Lanka
Medico-legal reports were written by 17 doctors that
supported the allegations of tour in Sri Lanka made by 184 Tamil men who had
been referred between January 1997 and December 1998. During the interview and
examination, an assessment was made about the demeanour of the patient, and the
reliability of his history. 74 (40%) were aged between 25 and 30 at the time of
the analysis, so they would have been several years younger when they were detained
and tortured by the Sri Lankan authorities, principally the army. 25 (13%) were
younger than 25 when they were first seen at the Medical Foundation, 71 (38%)
were aged 30-40 years, and 14 (6%) were older than 40. There was no significant
difference in the proportion of each age-group who said they has been sexually
abused.
Of the 184, 38
(21%) said they has been sexually abused during their detention. Three (7%) of
the 38 said they had been given electric shocks to their genitals, 26 (68%) had
been assaulted on their genitals, and four (9%) had stick first pushed through
the anus, usually with chillies rubbed on the stick first. One said he had been
forced to masturbate a soldier manually, three had been made to masturbate
soldiers orally, and one had been forced with his friends to rape each other in
front of soldiers for their "entertainment".
Of the men who said they had been sexually abused, 11
reported being raped as part of that sexual abuse; this represent 5% of the
total number of men on whom reports were written.
Of the 184 men,
45 (24%) described a range of psychological symptoms that included difficulty getting to sleep, waking
with nightmares, jumpiness and irritability, behaviour to avoid being reminded
of the detention and depression. These are all symptoms of post-traumatic
stress disorder (PTSD). 29 (15%) men had many of the symptoms of PTSD, not
enough to be consistent with the full diagnosis. Of these only two (5%) gave a
history of sexual abuse. 43 (23%) of the men described disturbance of their
sleep as their, only psychological symptom. Of these five (13%) had a history
of sexual abuse. Two (1%) men were anxious, but had no other psychological
symptoms. 65 (35%) of the men said that they did not have any psychological
symptoms. Of these, ten (26%) gave a history of sexual abuse.
In the initial describing of the (female)
"rape-trauma syndrome", victims were said to exhibit one of two
styles, the "expressive" and the "controlled". In one study
79% of male rape victims were classed as "controlled"-calm,
controlled, or subdued. ("The Lancet" - vol. 355 -
June 10, 2000)
Deported Tamils face Torture
The Sri Lankan
government declines to disclose how many prisoners are held in its jails. Under the Prevention of Terrorism Act (PTA) and the Emergency
Regulations, people almost always Tamil people - suspected of involvement in
anti-government activities can be picked up and detained indefinitely.
The security forces conduct mass arrests and
detentions of young Tamils, both male and female. Hundreds of Tamils at a time
are picked up during search operations carried out by security forces. Tamils
claim that the arrests are a form of harassment directed against them.
Once in prison, Tamils are subject to various forms of
torture, ranging from beatings with poles to having their genitals squashed,
fingernails pulled out and being pierced through the anus with an electric
drill. Recently it is said that the forms of torture have become more subtle,
so that the effects are not visible. (Excerpts from "The Independent - 8 June 2000 - Published in United Kingdom)
(Please refer to
page 105 for summary)
34
Detention
Year 2000 - over 18,000 arrested under PTA-ER
14 February 2001 - More than 18,000 persons,
mostly Tamils, were arrested under the draconian Emergency Regulations (ER) and
the Prevention of Terrorism Act (PTA) last year said a senior human rights
worker in Colombo. "The press in Colombo reported 13,514 arrests under the ER and PTA from January to November 2000. More
than forty percent of the arrests under the ER and PTA are not reported by the
press here. So the real figure would be not anything less than eighteen
thousand," Mr. N. Kandasamy, co-ordinator for the Centre for Human Rights
and Development in Colombo said. At least 2,500
Tamils are being held in various detention centres now, according to him.
"They are all political prisoners" Mr. Kandasamy said.
"Not all those arrested under the ER and PTA are issued with
receipt of the arrest and all arrests should be reported to the Human Rights
Commission according to the law. But this is not the case", says Mr. N. Kandasamy, Co-ordinator for the
Centre for Human Rights, Colombo.
There are many unauthorised detention centres in many parts of the island. It
is required under the law to publish in the government gazette all authorised
places of detention. But not all places are gazetted and authorised under the
law, human rights workers say.
An average of 50 persons per day arrested under PTA-ER
in Sri Lanka !
Nine undergraduates arrested
COLOMBO, Jan 15 2001 (AFP) - Sri Lankan troops arrested nine undergraduates who were putting up
posters in a bid to pressure the military to reciprocate a truce called by
Tamil Tiger rebels, the government said Monday.
The students were taken into custody on Saturday and later handed over
to local police in the northern peninsula of Jaffna, the government's Special
Media Information Centre said in a statement.
Putting up posters against the government can be an offence under tough
emergency laws in force here but it is not clear if the students were taken
into custody under those regulations. The LTTE declared a unilateral one-month
long cease-fire from Christmas day and asked the government to reciprocate it,
a demand rejected by the authorities.
Military death squads return to Vavuniya!
" Vavuniya people fear that the dreaded white vans of (Sri Lanka)
military death squads have returned. Five civilians are reported abducted in
white vans. Vavuniya trader Kandasamy Karunakaran was abducted by unidentified
gunmen in a white van on 17 November, taken to Colombo and detained. He managed
to escape after five days and has reported his ordeal to the police in
Vavuniya.
Meanwhile, complaints have been made to the Human Rights Commission that
18 people, 14 of whom were arrested by security forces in November including 13
year-old S Thileepan, are missing. Five were from Vepankulam and Poonthottam
refugee camps... .... Subramaniam Kannan, 23, of Vavuniya, arrested by police
on 20 June alleges in a fundamental rights application to the Supreme Court
that he suffered severe torture for 42 days. At the time of the arrest he was
not informed of the reasons. He was handed over to the Army on 26 June and was
beaten repeatedly with batons at the 211 Brigade Army camp in Vavuniya. He was
stripped and given electric shocks.
The Army thereafter handed Mr Kannan over to the police Counter
Subversive Unit (CSU). His head was covered with a plastic bag dipped in
petrol. He was repeatedly assaulted and barbed wire was inserted into the
rectum. He was forced to sign a confession under torture in the Sinhala
language which he does not understand. Under Emergency regulations and the
Prevention of Terrorism Act, a confession made to a police officer is
admissible as evidence..." (Excerpts from British Refugee
Council - Sri Lanka Monitor November 2000)
Parliamentarian arrested
30 October 2000 - Leader of the Upcountry People's Front, Mr. Periyasamy Chandrasekaran -
Member of Parliament for the Nuwara Eeliya district was arrested at his home,
under the Emergency Regulations on 30 October 2000. He had been questioned by CID for more than 10 hours and then
taken to Colombo to the notorious fourth floor for further interrogation by the
police officials.
35
144 government run places of detention
The ICRC activities in Sri Lanka cover a wide spectrum
of humanitarian activities, such as :
Visits to prisoners held by all conflicting parties
which have recognised the ICRC's humanitarian mandate :
·
2,586 detainees were visited, in 144
places of in government run places of detention, in 1999.
(ICRC Fact
sheet - 26/1/2000)
(Please refer to
page 89 for summary of arrests AND
page 64 for list of detainees in
Kalutara prison)
Disappearances
Visit to Sri Lanka by
a member of the Working Group on Enforced or Involuntary Disappearances
(25-29 October 1999 - Excerpts from report :
E/CN.4/2000/64/Add.1)
18. On the basis of a
directive issued by the President of the Republic in October 1996, the
Secretary of the Ministry of Defence on 5 November 1996 appointed a Board of
Investigation into Complaints of Disappearances in Jaffna Peninsula. This Board of Investigation was chaired by
Mr. Bandula Kulatunga, a retired senior officer of the Sri Lanka Administrative
Service, and was composed of four high-ranking officers of the Army, Navy, Air
Force and the Police. It visited Jaffna
Peninsula several times and investigated a total of 2,621 complaints and
established 765 cases of disappearance.
On examining reports from police stations and detention centres and
after visits to these places of detention, the Board was able to trace 201
persons. It also established that 16
persons were dead, 14 of whom at the hands of the Security Forces.
21. On 11 August 1998, the
Commission submitted its first Annual Report, which covers the period from 17
March 1997 to 30 March 1998, to Parliament.
The report has, however, not yet been made available to the general
public. According to this report, the
Commission has received a total of 4,350 complaints, has visited 1,240 police
stations and 291 detention camps where it was in contact with a total of 3,444
detainees most of whom (3,325) were of Tamil ethnic origin. It investigated 842 cases of missing persons
and traced 219 of them. In Vavuniya,
out of 142 cases, 104 persons have been traced. In Jaffna, 16 persons were traced out a total of 325 cases. In Batticaloa 62 persons were traced out of
a total of 204 cases and in Colombo, out of 76 cases, 16 persons were
traced. The Human Rights Commission
could, however, not indicate whether any of the disappeared persons reported to
the Government of Sri Lanka by the United Nations Working Group were among
those traced by it.
22. During the period between
August 1998 and September 1999, the Human Rights Commission received 1,852
complaints against members of the armed forces and the police. A total of 1,122 persons were reported
missing during this period of whom the Human Rights Commission could actually
trace 648, i.e. more than half. In
Vavuniya, 251 out of 497 missing persons were traced, in Batticaloa, 274 out of
285. Again, the Working Group was not
able to check whether any of the disappeared persons on its list were traced by
the Human Rights Commission.
24. Members of the Human
Rights Commission also informed the Working Group that a total of 932 visits to
police stations and 380 visits to detention camps had been carried out from
January 1999 to September 1999; 2,315 detainees were visited, including
520 in Vavuniya, 476 in Jaffna, 462 in Anuradhapura and 202 in Batticaloa,
of whom 2,179 were of Tamil ethnic origin.
25. During the period between
1 January and 30 July 1999, a total of 1,278 arrests were reported to the Human
Rights Commission. Most of them
occurred in Vavuniya (792), Jaffna (125), Trincomalee (116) and Kalmunai
(94). Members of the Human Rights Commission also reported to the Working Group
that its Jaffna Regional Office is conducting relevant investigations on 277
cases of enforced or involuntary disappearances transmitted by the Working
Group to the Government of Sri Lanka.
According to the information provided, 16 persons had been traced
by that Regional Office.
* * *
August 2000 - Four villagers who went in a tractor to collect firewood in the jungles
of Maha Oya - 45 km south-west of Batticola town, were reported missing. According to complaints
made with the Batticola Human Rights Commission (HRC), five others who went
along with them had escaped and returned home, leaving behind the tractor, when
troops opened fire. On 22 August, two bodies of the four reported missing were
found in decomposed state in the jungles of Maya Oya.
November 2000 - Fifteen Tamils from Kopaveli, a village situated 30
km Northwest of Batticola town, who went to collect firewood in the forests
near Amparai border, have been reported missing by their relatives.
36
Sri Lanka: "Disappearances" on the rise
(31 August 2000 - AI Index ASA 37/027/2000)
In a letter sent to the President of Sri Lanka today,
Amnesty International urged investigations into an increasing number of
"disappearances" reported over the last two weeks in northern Sri
Lanka.
These "disappearances" have taken place in the context of a general
deterioration in human rights following the introduction of emergency
regulations in May 2000. The regulations increase the risk of secret detention
and "disappearances".
"Security concerns cannot justify
human rights violations. The Sri Lankan government must take action to prevent
further 'disappearances' and immediately investigate those that have already
taken place," Amnesty International said. (Excerpts)
Chemmani mass graves:
cover-up continues !
More than 600 people were reported missing during 1996 and 1997 after
the Sri Lankan army took control of the Jaffna Peninsula. Former Sri Lankan
Army Lance Corporal Rajapakse, testifying in the Krishanthy Kumaraswamy
gang-rape and murder case, in the High Court Colombo, on July 5th
1998, said that hundreds of men and women arrested by the army were killed and
buried in Chemmani. Subsequently threats were made on his life and against his
family to pressurise him to withdraw his statement.
Until now, only 17 bodies have been exhumed from the
Chemmani mass graves. This was only
after many delays and unprecedented international pressure from Human Rights
bodies. The government of Sri Lanka categorically denied permission for foreign
forensic experts to conduct investigations, despite strong recommendations from
the relevant UN bodies. Excuses such as not enough facilities were made, in
order to put a stop to the uncovering of more bodies. For the families of the
disappeared this has been a total sham.
On 21st February 2000, evidence in the Chemmani mass graves case was
displayed in Jaffna Central College,
for identification by members of the public who had reported their relatives
missing. Hundreds of people came between 8.00 am and 13.00pm, to find if any
objects which had been unearthed belonged to their relatives. The relatives of
Sumathy Sockalingam verified that a nose-stud and under-garment were identified
as belonging to her. According to the relatives, she had been abducted by the
Sri Lanka Army soldiers from her home.
On 22nd February 2000, Mr M. Ilancheliyan, the Jaffna Magistrate ordered the
police to arrest and produce fourteen police and army personnel who had
allegedly been involved with the disappearances of persons. He made the order
at the end of the proceedings regarding the identification of the remains of
fifteen disappeared persons exhumed from the Chemmani grave sites. Two persons
were identified earlier.
On 6th
March 2000 an article in the newspaper
Veerakesari, quoted the officer of the Criminal Investigation Division (CID) of
the Police in Colombo, as saying he had not received any document from the
Magistrate of Jaffna regarding the arrest of the fourteen suspects. The orders
were subsequently faxed to the CID in an attempt to avoid any further delay.
On 14th
March 2000 Jaffna Magistrate Mr M.
Ilancheliyan remanded three captains, a private of the Sri Lankan army and a
police constable in connection with the Chemmani case. Many relatives and
family of the disappeared were present. After being produced in court the five
suspects were arrested and then flown to the Sri Lankan army base at Palaly.
The five security forces personnel are:
Capt. Hewa Jayatillake
Lalith Thusitha Kumara; Capt. H.Gamage Athula Udyaya Kumara; Capt. Wijitha
Gamage Nimal Sasitha Perera; Private.S. Wijesiriwardena; Police Constable P.A
Samarawickrema.
According to legal
sources in Colombo, the arrest of the suspects had to be co-ordinated with the
Sri Lankan army’s military police.
On
20th April 2000 Major
General Janaka Perera was appointed overall Operational Commander for the
Jaffna Peninsula and Joint Chief of (Army) operations.
37
This was highly disturbing for the local Tamil civilians who could reasonably fear for their safety, as he was implicated in many of the disappearances and also in ethnic cleansing and shelling of civilian areas and torture.
Brigadier Perera, as he was at the time, was in charge of the area where the 600 Tamils civilians were reported disappeared. The murders were committed in different army camps in the vicinity and the bodies brought in truckloads to be buried in Chemmani. It has been re-iterated time and time again that such huge numbers of killings could not have occurred and the bodies buried without the knowledge of the Commanding officer. Several soldiers who testified in the case have themselves confirmed this. Soon after Brigadier Perera’s period in Jaffna in 1996 he was rewarded with promotion, as Deputy Chief of Staff of the Sri Lankan Army.
On 1st June 2000 The Magisterial inquiry relating to Chemmani graves
came up for hearing before Colombo Chief Magistrate. Initially the Jaffna
Magistrate's Court heard the case, but following an order by the Court of
Appeal, the matter was transferred to the Colombo Magistrate.
The Court of Appeal made this order after an application by the suspect
army officers that their lives were in danger in appearing at the Jaffna
Magistrate's Court for the case. The Court allowed an application by Senior
State Counsel seeking written authority from Court to enable a senior CID
Officer to proceed to Jaffna and bring the relevant case records presently
lying at the Jaffna Magistrate’s Court.
No massacre of Tamil civilians in the past has ever had an independent
inquiry.
(Please refer
to page 100 for summary and page 112 for annexe)
Summary executions
The incidence of extra judicial killings is far too numerous and far too
widespread in the North-East to catalogue or categorise. From indiscriminate
aerial bombings to secretive sniping, one comes across extra judicial killings.
Special rapporteur - Disappearances and summary executions
(Excerpts from
report, E/CN.4/2000/3/Add.1 - Sri Lanka)
402.
The Special Rapporteur transmitted
one urgent appeal and nine communications to the Government concerning
violations of the right to live of the following persons.
Observations
414.
The Special Rapporteur regrets that
the Government has not replied to her communications.
It's better to kill the people
In June 2000, the Bishop of the Catholic Church in Mannar Rt. Rev.
Dr. Rayappu Joseph said in appeal sent to the heads of foreign missions in
Colombo "I am given to understand
that the attitude of the armed forces is that 'it is better to kill the people
than allow them to go into the LTTE controlled areas”.
Sri Lankan Navy officer committed war crime
Federal court of Australia
Bandisattambige Ajith Susantha Fernando, a former Sri Lankan Navy
officer committed a crime against humanity, a war crime, and therefore was not
eligible for refugee status, concluded the Federal Court of Australia, 8 June 2000. He was excluded from
coverage of the 1951 Convention relating to the Status of Refugees under
Article 1F(a) and 1F(b)
The decision of the Federal Court upheld that of the Refugee Review
Tribunal. The latter’s report, dated 10th
March 2000, had stated that, “The
tribunal is satisfied that the applicant’s actions cannot be regarded as being
isolated or random acts, but rather part of a larger design to persecute Tamil
civilians, including Tamil refugees.”
Fernando admitted to killing unarmed civilians in a refugee camp. In
early 1993 he was stationed near Jaffna in the North of Sri Lanka. An ICRC
refugee camp giving shelter to 300-400 Tamil refugees stood in the way of the
Sri Lankan forces securing a pier from the LTTE. The ICRC flag was flying above
the camp, clearly identifying it as being under the auspices of the ICRC. Fernando’s commanding officer ordered him
to kill the civilians in the camp. He
was not surprised or alarmed at the commanding officer’s direction.
38
Under Fernando’s command, 8 men and a Tamil speaking interpreter
approached the camp wearing clothes consistent with the usual dress of the
LTTE, and tried through the Tamil interpreter, to engage the civilians in the
camp. The civilians in the camp were apparently not deceived by the guise and
started shouting at them. The nine members of the Sri Lankan armed forces
exposed their M16 rifles, formed an angle formation and shot at the civilians.
None of the camp occupants were armed, their ages varied between 5 and 50 years
of age. 40 refugees were murdered, 18 of
whom were in the range of Fernando, including a pregnant woman. The
remaining refugees fled. After the massacre Fernando was commended by the
commanding officer and told to forget about the events. He had freely
participated in the act.
Army Shot five people in Mosque
In October - Schools, shops and government offices were partly
shut down in the eastern Muslim town of Akkaraipattu, 64 kilometres south of
Batticola on the south-eastern coast of the island, in protest over Sri Lankan Police shooting and wounding
five people in the town's main Mosque.
Youth beheaded by Army
9 August 2000 - Two civilians were killed by Sri Lanka army troops in Batticaloa.
Soldiers of the Morokkoddaanchenai Sri Lankan Army camp beheaded one of the
civilians, Arulampalam Santhiramohan, 20 and shot dead the other, identified as
Thiyagarajah Gnanarajah, 29, father of four. The Army has taken Santhiramohan's body to the Morokkoddaanchenai camp.
Eravur Police informed the Batticaloa district judge A. Viswanathan that they
had declined to accept a head of a person that the Sri Lankan Army had brought
from Sithaandy following the fire-fight. The Police had asked the Army to bring
the person's body as they required it for inquest and investigations.
Santhiramohan's body has not been released despite appeals by his grieving
relatives who have gathered before the camp.
"I found my husband's headless body"
On 10 August 2000 - A little boy came running home around 11 a.m. and told Ambikapathy
Santhiramohan that soldiers had lopped off her husband's head. "I ran towards
the field where he was working and saw some soldiers taking a human head in a
white bag. In the field I found my
husband's headless body" said Ambikapathy Santhiramohan, 20, giving evidence at the inquest into her
husband's death before Acting Magistrate for Batticaloa, D.C Chinniah, 10
August 2000 at the Eravur Police station. Ambikapathy was married four months
ago to Arulampalam Santhiramoham, 20, who was beheaded at Sithaandy, 24
kilometres north of Batticaloa
The Acting Magistrate returned a verdict of homicide and asked the Eravur
Police to conduct investigations. Dr. S. Sukumar, District Medical Officer for
Eravur, in his report at the inquest said that the death was caused due to
beheading with a sharp instrument. He noted that there were gunshot wounds in
Santhiramohan's right thigh and armpit and a knife wound on the deceased left
forehead. There was an injury on the youth's left shoulder caused after the
death due to an explosion, the doctor observed.
Six Plantation workers shot dead
"...Six plantation Tamil workers were shot dead
by the police during the violence in late October 2000. According to reports,
the bodies were buried without post-mortem. A cover-up is suspected and lawyers
say that relatives are afraid to come forward to assert their rights... ... A
number youths have been taken into custody in Haputale, Upcot and Badulla.
Eighteen Tamil youths from Needwood Estate in Haputale, who were granted bail
on 3 November, allege that they were severely beaten up in detention.
In a letter to President Chandrika, MP and Upcountry
People’s Front (UPF) leader P Chandrasekaran says that only Tamils are being
arrested and no action is being taken against persons who burned Tamil shops in
Talawakelle and Ginigathena. Two officers of the UPF have also been detained.
An UPF delegation led by Mr Chandrasekaran told
Justice Minister Batty Weerakoon in mid-November that arrests in the Hill
Country relating to any violence in October and November should be under normal
law. Current arrests under Emergency regulations or the Prevention of Terrorism
Act (PTA) make it extremely difficult to obtain release on bail. Emergency
regulations introduced in May this year, empower the police to detain a person
for 90 days with provisions for extension.
While attempts are being made to form peace
committees, trade unions and MPs say that the military presence in the Hill
Country is creating tension and have demanded the withdrawal of the Army. But
following a directive from Prime Minister Ratnasiri Wickremanayake, government
offices in the region have made it clear that the Army will remain until peace
is restored and the refugees return to home areas..." (Excerpts from British Refugee
Council - Sri Lanka Monitor November 2000)
(Please refer to page 93 for summary)
39
Massacres
31 Tamils killed in detention centre
25 October 2000 - Thirty one people were killed and more than
forty others were wounded when a mob attacked the Bindunuwewa detention centre,
which houses people arrested under the Prevention of Terrorism Act and held for
"rehabilitation". About eighty PTA (Prevent of Terrorism Act)
detainees - all of them Tamil - were there in the rehabilitation camp at the
time of attack. Bindunuwewa is in
Bandarawela district in the central part of Sri Lanka.
Nearly 2000 Sinhalese thugs stormed this centre which was guarded by the
Prison authority. This centre was maintained by the National Youth Service
Council. The Tamil detainees were supposed to have been going on a hunger
strike because they were kept in detention without any inquiry or trial and
were dissatisfied with the facilities in this rehabilitation centre.
Those who were killed are innocent youths, not linked with any political
organisation, arrested and detained under the PTA.
Kofi Annan distressed by killings in Sri Lanka
The following statement was issued by the
Spokesman for Secretary- General Kofi Annan
The Secretary-General was profoundly distressed by the
reported killing on 25 October of more than 20 ethnic Tamil inmates of the rehabilitation centre in
Bandarawela, Sri Lanka. He trusts that the authorities will make every effort
with a view to bring to justice those responsible by conducting an impartial
inquiry. He also appeals to all parties in Sri Lanka to refrain from any further
escalation of violence, especially terrorist
acts, which he condemns in the strongest possible terms. (Press release - SG/SM/7605 - 27 October
2000)
ICRC in Colombo
October 25, 2000 - Mr. Harsha Gunawardene spokesman for the International Committee of
the Red Cross (ICRC) in Colombo said that in accordance with International Law,
the detainees' authorities have to take responsibility for the safety and
security of the detainees at all times and under all circumstances.
He said the delegates of the ICRC were in Bindunuwewa and had visited the 12
wounded detainees admitted at Bandarawela hospital. The ICRC delegates are
unable to access the Bindunuwewa detainees rehabilitation camp due to the tense
situation prevailing there, he added.
Amnesty International
Open letter on the killing of 26 detainees
Wednesday's gruesome killing of at least 26 Tamil young men and boys
aged between 14 and 23 who were detained for "rehabilitation" near
Bandarawela, Sri Lanka, should be investigated fully, Amnesty International
said today in an open letter to the President Kumaratunga.
Police and army personnel deployed at the rehabilitation camp failed to protect
the inmates from villagers armed with machetes and clubs. There are further
allegations that some of them may have been involved in inciting the villagers
or may have assisted them in entering the camp.
The organisation welcomed the President's condemnation of the attack and that
two police teams were sent to investigate the scene immediately. However a full
impartial investigation is needed to ensure that those found responsible are
brought to justice and that compensation is paid to the victims and the
relatives of those killed.
It also urged for a thorough review of provisions in the Emergency Regulations
and the Prevention of Terrorism Act which allow for prolonged detention and
were key contributing factors in this latest incident. (AI Index: ASA 37/031/2000 -
Publish date: 27/10/2000)
40
Recent massacres and major killings of Tamils by Sri Lankan Security forces
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com / tchrdip@hotmail.com
Major incidents Date No. Killed No. Injured
Vantharumoolai 05/09/1990 158 -----
Saththurukkondan 10/09/1990 184 -----
Kokkaddicholai
(II) 12/06/1991 82 200
Massacre
in the Killaly sea(I) 02/01/1993 52 -----
ICRC
refugee camp - Jaffna 1993 40 (see page 38)
Nachchikuda
Massacre 18/04/1995 30 060
Navaly
St. Peter's Church Massacres 11/07/1995 165 150
Nagar
Kovil School Children Massacre 22/09/1995 71 100
Bolgoda
Lake - Colombo 1995 27 -----
Kumarapuram
Massacre 11/02/1996 24 -----
Poonaithoduvai
in Kilinochchi 18/02/1996 11 -----
Muthumariyamman
Temple - Jaffna 03/03/1996 07 21
Nachchikuda 16/03/1996 16 60
Sithandi,
Kaluvenkerni - Batticaloa 11/05/1996 18 30
Massacre
in the Killay Sea (II) 20/04/1996 42 075
Puttur -
Jaffna 03/06/1996 08 -----
Mallavi
Town - Mallavi, Vanni 24/07/1996 09 24
Puthukudyiruppu
- Kilinochchi 31/07/1996 10 30
Kilinochchi
town - Kilinochchi 25/09/1996 05 09
Puthumurippu
- Kilinochchi 25/09/1996 05 15
Vavunikulam
- Kilinochchi 26/09/1996 04 12
Konavil -
Kilinochchi 27/09/1996 04 08
Akkarayan
- Kilinochchi 29/09/1996 04 07
Ponnalai
Bridge in Jaffna 29/01/1997 09 -----
Nedunkerni
- Vanni 17/07/1997 08 22
Vavunikulam
- Church - Vanni 15/08/1997 09 21
Mullaitivu
(Manthuvil) 11/08/1997 40 86
Amparai 24/09/1997 08 13
Market
Place in Batticaloa 11/12/1997 05 53
Kalutara
Prison 12/12/1997 03 20
Jaffna
Coast - Jaffna 27/01/1998 09 15
Thampalakamam 01/02/1998 08 19
Vaddakkachchi
in East Paranthan 26/03/1998 08 37
Suthanthirapuram
in Mullaitivu 10/06/1998 32 52
Mullaitivu 15/09/1999 22 35
Maddhu
church - Mannar 20/11/1999 38 56
Batticaloa
(near Buddhist temple) 17/05/2000 19 43
Kaithaddy
(Home for the age) 19/05/2000 15 31
Muttur ( Poomarathaddysenai) 04/10/2000 08 ----
Bindunuwewa
detention centre 25/10/2000 31 78
Mirusuvil 19/12/2000 08 ----
(many more to be included)
41
Barbaric killings on the increase in
Sri Lanka
In a statement released by Tamil Centre for Human Rights - TCHR on 25 October 2000, the
massacre was described as follows :
"This morning at 5.00 am local time, around 2000
Sinhala thugs stormed a rehabilitation centre in Bindunuwewa, housing more than
50 Tamil detainees, wielding knives, machetes, axes and iron rods. They hacked
to death 24 defenceless Tamil political detainees and then set fire to the
whole centre. 16 detainees were seriously wounded and a further seven were
injured. 20 detainees are still missing! Bindunuwewa is in Bandarawela
district, in the central part of Sri Lanka.
The police on duty took no serious action to stop the
violence. They called the army base, 15km away. By the time the (army)
"rescue team" arrived, two hours later, the horrific incident was
over. The BBC reported defence
forces as saying that the incident could not have been carried out without the tacit
consent of the security forces. Recently, posters have been displayed
prominently in the area inciting racial hatred and violence against the Tamils.
The centre was run by the National Youth Service Council.
The young Tamil people housed there have been arbitrarily arrested under the
draconian Prevention of Terrorism Act and the Emergency Regulations. Thousands
of such arrests take place in the South of the island.
The Tamil youths who were in the centre were mostly under 19
years old. These detainees, arrested under the PTA had been planning to hold a
hunger strike demanding that they be either charged or released.
Internationally, the Sri Lankan government declares a
commitment to Children's rights. Yet it actually encourages barbaric violence
against Tamil young people, from the hate propaganda generated against Tamils
to the injustice of the PTA and ER and routine use of torture. Recent reports
of routine medieval style torture in Colombo detention centres have written of
sexual violence against Tamil men and boys.
The civilian, police and military authorities, are all the
responsibility of the Sri Lankan government, which has failed abysmally to
protect the lives of these innocent youth. This latest barbaric massacre
follows several others. In 1983 Sinhala convicts butchered 53 Tamil political
prisoners in Welikade prison - prison guards joined in. In December 1997 three
Tamil were hacked to death while guards looked on. Two Tamil political
prisoners were murdered in Kalutara jail in January this year. (Excerpts)
(Please refer to pages 114 and 116 for annexe)
9th year of Batticaloa massacre
"Justice delayed is justice denied"!
Sri Lankan soldiers from the Punanai camp near Mailanthanai-Batticaloa went on
a rampage on the morning of 9 August 1992, hacking with swords and knives men,
women and children in the village. According to a witness, survivors hid in the
jungles for days fearing another attack before trekking to safety in
Valaichenai.
There are thirty-two witnesses in the case. They were rendered homeless after
the massacre and have been living in meagre refugee camp in Valaichenai, 32
kilometres north of since 1992.
According to a senior human rights activist, this case should have been heard
in the Batticaloa high court for the incident occurred in a place under its
jurisdiction. But it was changed to the Polonnaruwa courts and then handed over
to the high court where for five years
it was not taken up for hearing because evidence given in Tamil by the
witnesses was not translated into Sinhala.
The survivors of the Mailanthanai massacre identified 24 Sri Lanka army
soldiers from the Punanai camp at an identification parade at the Batticaloa
magistrate's court in 1992. A case was filed against the 24 soldiers in the
Batticaloa magistrate's court on 2 April 1993.
The Movement for Inter-Racial Justice and Equality (MIRJE) that was handling
the case at the time raised strong objections against hearing the case in
Polonnaruwa, averring that it was not safe for the witnesses to travel to and
stay in that town. Human rights activists said at the time that the objection
was tacitly underpinned by apprehension about an inevitable pro-army sentiment
in the Sinhala dominated town.
42
Witnesses say that it is frustrating to be told that another date has
been fixed for the hearing every time they made the arduous journey from
Valaichenai to Colombo for the last five years.
"We are very poor people. The court pays only for our travel. We have to
spend our money to find places to stay and eat. Some of the female witnesses
have small children and infants. If not for the little assistance given us for
going to Colombo by those who take an interest in the case we may not be able
to make it at all" said Mr. Rasan Kitnan, 50, a witness in the case.
Each family in the Valaichenai refugee camp for the survivors of the massacre
is given 1260 rupees (14 US Dollars) in dry rations per month. They eke out a
living by chopping fire wood and working as agricultural labourers. The Army
continues to block their resettlement in Mailanthanai. "Compelling these
impoverished people to go to Colombo is wrong. One, it is very expensive for
them; two, it is not safe.
A Human rights activist, points out that the Mailanthanai massacre is
not the only case bogged down in this manner by the island's judicial system.
"The Police did not even bother to file first information reports (FIR)
for the other mass murders by the Sri Lankan security forces in the north and
east since 1990 despite strong recommendation by Commissions of inquiry urging
the government to forthwith institute legal proceeding against the perpetrators
identified and named in their reports" he said, referring to the massacres
of more than 900 Tamil civilians in Kokkaddicholai
(1991), Sathrurukkondaan (1990), Eastern University (1990), Puthukudiyiruppu
(1990) and the Sithaandy Murugan temple refugee camp (1990) in the Batticaloa
district and the Pandiruppu (1990), Wattiaveli (1990) and Veeramunai (1990).
The case against soldiers accused of the Kumarapuram massacre in (1994) and the
court proceeding on the Chemmani mass graves of civilians allegedly arrested
and murdered by Army soldiers in Jaffna in 1996 are still pending like scores
of other cases in which the security forces personnel have been accused of
murdering innocent Tamil civilians in the north and east.
(Please refer to "Freedom of
Expression", pages 44-46 for
brutal killing of Journalist, M.
Nimalrajan)
Death Penalty
Death penalty is yet to be banned under international law,
While the death penalty is yet to be banned under international law, the
trend towards this goal is obvious. The adoption in 1989 of the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at
the abolition of the death penalty was a clear recognition by the international
community of the need to eliminate the use of capital punishment, totally and
globally
Mary Robinson,
UN High Commissioner for Human Rights
12 October 1999
The death penalty is the
ultimate cruel, inhuman
and degrading punishment. It violates the right to
life. It is irrevocable and can be
inflicted on the innocent. It has never been shown to deter crime more
effectively than other punishments. --
Amnesty International
Executions may be resumed after 24 years in Sri Lanka
The resumption of executions after 24 years would be a major step
backwards for human rights in Sri Lanka, Amnesty International said in letters
to the Prime Minister and other officials.
Following a cabinet decision in the context of rising levels of crime last
March, the government is on the verge of breaking its 24-year moratorium.
"The death penalty is a brutalising punishment, ineffective and a gross
human rights violation. It's not possible for a country to execute prisoners
and fully respect human rights at the same time," Amnesty International
said. "No one can condone the grave acts which some criminals commit but
the death penalty is not the answer. The majority of governments have found
alternative punishments."
The letters urge the government to seriously consider several factors:
Studies from around the world, including one in Sri Lanka in the late
1950s, have shown that the death penalty does not deter people from committing
crimes. If a rise in crime is the issue, the government must address this
through comprehensive policy measures and not with executions. Amnesty
International is urging the government to consider a commission of inquiry into
rising levels of crime which would propose effective measures.
43
The death penalty has been shown to be discriminatory, usually carried
out on the poorer and more marginalized people in society. If Sri Lanka were to resume executions, it would be going against a
clear international trend towards abolition of the death penalty and a moratorium
on executions. In the past decade, an average of three countries a year have
abolished the death penalty. So far 108 countries have abolished it in law or
in practice.
There is always the risk of executing innocent people. A number of countries
have recently released death row inmates found to be innocent: Philippines,
Malaysia, Belize, China, Pakistan, Trinidad and Tobago, Malawi, Turkey, the USA
and Japan.
The United Nations Commission on Human Rights has repeatedly called for a
world-wide moratorium on executions. "Amnesty International is calling on
the government to uphold the most basic human right -- the right to life -- and
not resume executions. Advocating such violence will wind the clock back for
human rights in Sri Lanka."
Freedom of expression
At least 31 journalists killed in Sri Lanka !
Reporters Sans Frontières (Reporters Without Borders -
RSF)
In a letter sent to the Sri Lankan minister of defence
and president of the Republic, Chandrika Kumaratunga, Reporters Sans Frontières (Reporters Without Borders - RSF)
expressed its profound indignation after the murder of Myilvaganam Nimalrajan,
journalist based in Jaffna and regular contributor to the BBC Sinhala and Tamil
services.
"If the guilty persons are not identified and
punished, no independent journalist will be able to feel safe in Sri
Lanka", stated Robert Ménard, general secretary of RSF. "Impunity of
journalists' murders has already lasted too long. To prove its credibility the
government has to guarantee the protection of information professionals
throughout the country", added Robert Ménard. RSF noted that at least 31 journalists have been killed in
Sri Lanka since 1988 in practising their profession.
According to the information collected by RSF, Myilvaganam Nimalrajan,
correspondent of the Tamil daily Virakesari, published in Colombo and regular
contributor to the BBC and several other international media, was killed on 20
October 2000, in his home in Jaffna (north of the island). Whereas curfew had
just been imposed, unknown persons machined-gunned the room of his house in
which he was, and threw in a hand-grenade. The parents and the nephew of the
journalist were also injured.
Thirty-eight years old, married and father of three
children, Myilvaganam Nimalrajan was the last independent journalist who
covered the conflict in the Jaffna peninsula for the foreign press. The
journalist lived in a "high-security zone" protected by the army. He
was one of the only people who could cover the war between the Tamil Tigers and
the regular army. Sri Lankan and foreign reporters are rarely authorised to go
to Jaffna. Recently he reported the rigging and threats during the last
elections on 10 October. Myilvaganam Nimalrajan denounced, above all, the Eelam
People's Democratic Party, a Tamil movement which fights with the government
troops against the Tamil Tigers separatist movement. Nobody has claimed
responsibility for the murder.
Reporters Sans
Frontières defends jailed journalists and press freedom throughout the world,
that is, the right to inform and be informed, in accordance with Article 19 of
the Universal Declaration of Human Rights. Reporters Sans Frontières has eight
branches (Belgium, France, Germany, Great-Britain, Italy, Spain, Sweden and
Switzerland), representatives in Bangkok, Washington, Abidjan and more than a
hundred correspondents world-wide. (Urgent
Press freedom - 20 October 2000)
Brutal killing of a journalist
Nirmalarajan received death threats - OMCT
The International Secretariat of OMCT has been informed by Asian Centre
for the Progress of Peoples, (ACPP), a member of the OMCT network, that on 19
October 2000, Mr. Mylvaganam Nirmalrajan, 38, a well-known journalist and
father of three, was shot dead in his own home, through the window of his room,
as he wrote a news report. He was the
Jaffna correspondent for the Tamil daily "Virakesari", the
independent Tamil radio station, "Sooriyan FM", the popular Sinhala
political weekly, "Ravaya", the Tamil and Sinhala services of the
BBC. He was also the secretary of the Northern Journalists' Association.
44
According to the information received, days before his killing,
Nirmalrajan had confided with colleagues that he had received death-
threats. He had reported on the serious
problems of the Tamil people displaced by the war, and the destruction of
family life. He also reported vote
rigging, intimidation and violence in the recent elections, carried out by a
militant group active on the peninsula.
The armed group, which has joined the political mainstream and contested
parliamentary elections, helps the Sri Lankan government’s security forces in
the peninsula. Nimalrajan had written reports critical of the group. (Excerpts
from press release of "OMCT" )
Person responsible for the killing
may even roam the corridors of power
Killing of a person is just a mere statistic in Jaffna. In a brutal war
which has killed nearly 60,000 people, Mylwaganam Nimalarajan would be just
another person.
He worked for the BBC over six years. He never got
anything wrong. In 1983, the Sinhala mobs set fire to the house where I lived
all my life. It changed my life for ever. The crime we did was to protect our
Tamil neighbours. Another mob in a different part of the city, drove
Nimalarajan and his family away from Colombo.
The police might investigate this brutal, inhuman, act of barbarism
against a simple but powerful human being. I do not believe that they will find
the shameless barbarian who killed him. But, there are people who know in their
hearts. The truth may never come out. The
coward who is responsible of killing him may even roam the corridors of power.
We know the people who are seasoned with the cowardly acts will never
repent. Their obscene minds will never understand the value of a person like
Nimal. One cannot blame them.
Nimalarajan lived among enemies, and died trying to build bridges
between two communities which are increasingly drifting apart. I weep for my
country. People of my beloved country has to choose between them. Which killer
is going to rule us next? Which killer is going to promise us media freedom for
the future? (Excerpts from Sunday Time 5 Nov. 2000 - Priyath Liyanage, Head-BBC
Sinhala Service)
Bravely reported on the vote
rigging, intimidation and violence
In an Urgent
Action released on 23 October 2000, the Tamil Centre for Human Rights,
stated that the killing of journalist Nirmalarajan was a heinous outrage. The
excerpt as follows : "On 19th October Mylvaganam Nimalrajan, aged 38,
well-known journalist and father of three, was shot dead in his own home,
through the window of his room, as he wrote a news report. He was the secretary
of the Northern Journalists' Association.
Days before his killing Mr Nirmalrajan had confided with colleagues that he had
received death-threats. He had reported on the serious problems of the Tamil
people displaced by the war, and the destruction of family life. He had also bravely reported on the vote
rigging, intimidation and violence in the recent elections, carried out by a
militant group active on the peninsula. The armed group, which has joined the
political mainstream and contested parliamentary elections, helps the Sri
Lankan government’s security forces in the peninsula. The human rights
violations of the Sri Lankan security forces and the paramilitary groups'
working with them is well known.
The same organisation was suspected of carrying out a bomb attack on a Jaffna
daily newspaper, Uthayan, in August 1999, which had also been critical of the
EPDP. The EPDP is strongly and widely suspected to have been behind the
assassination of Mr Nirmalrajan. His selflessness and commitment to his
profession as an independent journalist cost him his life.
The cowardly and brutal murder of this respected and courageous journalist, is
yet another cruel attempt to silence the voice of truth. All individuals and
organisations that believe in justice, human rights and who cherish freedom of
expression and life itself must condemn this brutal and callous
assassination".
Suspicion fallen on EPDP
The horrific killing of Nirmalarajan indicates the dangerous conditions
under which journalists and human rights activists continue to operate in Sri
Lanka.
It is believed that the gang could not have carried out the carnage in a
high-security zone during curfew hours in Jaffna without the connivance of the
security forces. The suspicion has
fallen on the Eelam People’s Democratic Party (EPDP) whose leader Douglas
Devananda was appointed Minister of Northern Rehabilitation, only hours before
the killing.
45
The international community has the responsibility to ensure that the
government of Sri Lanka meets its obligations under international law to
promote and protect the right of freedom of expression and journalists are
allowed to continue their work freely without interference. The international
community must also bring pressure on the government to allow reporters and
independent observers into the Tamil areas so that the violations are reported
around the world. (Excerpts from the press release of Tamil Information Centre - TIC - 27
October 2000)
Reporters Without Borders-annual report 2000 - SRI LANKA
(Rapportage sans Frontiers - RSF)
Chandrika Kumaratunga, who was re-elected president on 21 December 1999, kept very few of her
promises regarding press freedom during
her first mandate. Journalists can work more freely than in the past, but
repressive laws are still on the books, censorship is still in force and the
state still owns many of the media. The president even threatened to prosecute
newspapers she found "too critical".
Meanwhile the government's inability to find a peaceful solution to the
15-year-old war between the army and the Liberation Tigers of Tamil Eelam
(LTTE) did nothing to improve working conditions for the media. Selective use
of the so-called "criminal libel" law showed that the government was
determined to gag the independent press, especially over corruption scandals.
On 1 January 2000, court cases were pending against the editors of at least
four newspapers.
29 journalists assaulted
On 6 October the government acknowledged that 29 journalists had been assaulted, threatened or harassed during
Chandrika Kumaratunga's first mandate, and that 22 of those cases had never
been cleared up.
Journalists killed
Rohana Kumara, editor of the weekly Satana, which is close to the opposition, was
murdered by strangers on 7 September as he was on his way to his home in the
suburbs of Colombo in
a rick-shaw. The killers made their getaway after firing several shots at the
journalist. Rohana Kumara was known
for his virulent criticism of the government, and his investigations, which
were often difficult to check, about corruption scandals. He had just produced
a tape to back up his allegations against the minister in charge of the media,
Mangala Samaraweera.
Atputharajah Nadarajah, editor of the Tamil-language weekly Thinamurasu, was shot dead in a
Colombo street on 9 November. Aged 38, he was also a member of parliament for
the Eelam People's Democratic Party (EPDP), a pro-Tamil group. Following
changes in the newspaper's editorial line he had made several enemies, both in
the army and among Tamil separatist movements.
On 18 December, three days before the presidential election, a suicide attack
aimed at Chandrika Kumaratunga was launched at the end of a ruling party rally.
Anura Priyantha Kooray and
Indika Pathiniwasam, journalists and cameramen with the state-owned Independent
Television Network and the privately owned channel Sirasa, were killed in the
explosion. About 50 people were injured, including Chandrika Kumaratunga and
five journalists. Police suspect the LTTE of being behind the attack.
Journalists jailed
Sri Lal Priyantha, a journalist with the Singhalese-language weekly Lakbima, was arrested
on 14 May. The police accused him of committing five murders - on the basis of
evidence given
by villagers who had allegedly recognised him on television. A month later the
journalist was admitted to the emergency wing of Colombo National Hospital. He
had been tortured while in custody, even though he had always proclaimed his
innocence. He was allowed home after treatment.
Two months before being arrested, he had been kidnapped from his home by three
strangers and was found a few hours later in a cemetery near Colombo,
unconscious and bound hand and foot. He was taken to hospital.
Journalists attacked
The home of M. W. Somaratne, a
correspondent of the daily Lakandeepa,
in central Sri Lanka, was
machine-gunned on 28 January. The journalist believed he had been attacked for
supporting government policy in the newspaper.
About ten journalists were assaulted by
police officers and their cameras were seized during an opposition
demonstration in Colombo on 15 July.
Several hundred journalists who joined protest marches over the incident on 21
and the 23 July were victims of violence by presidential security guards. Their
equipment was confiscated.
46
Journalists threatened
At the start of January 2000, Samson
Jayaratne and M. Terrance of the Singhalese-language daily
Dinamina were threatened by strangers who ordered them not to back the
government during the election campaign.
meanwhile, Vijith Rushpakerwara of
the daily Divaina was threatened by a group of people who came
to his home. He complained to the police. Lasantha
Wickrematunga, editor of the opposition newspaper Sunday Leader, which had exposed various corruption scandals and
had often been a target for threats and attacks in previous years. Chandrika Perera, a journalist with the
Lakehouse press group, received anonymous phone calls threatening to kill her
on 16 March. She had been investigating the assault on Sri Lal Priyantha
"Journalists jailed" . On 27 September the correspondent in Colombo, Susannah Price, also received death
threats by telephone. The caller told her to leave the country that week if she
did not want to put her life in danger.
Pressure and obstruction
The government restored the 1953 Official Secrets Act on 30 May in order
to avoid leaks at weekly ministerial meetings. The Sri Lankan press condemned
the move, saying that it restricted press freedom.
Two grenades were thrown at the offices of New
Uthayan Publications in Jaffna, northern Sri Lanka, on 21 August. The
company publishes two Tamil-language newspapers: the daily Uthayan and the
weekly Sanjeavy. Editor Vellipuram
Kaanamylnathan suspected pro-government militia, who were often condemned
in the newspapers, of being behind the attack. (Excerpts from the annual report
2000 of Rapportage sans Frontiers - RSF
/ Reporters Without Borders - Paris,
France)
Journalist arrested in Colombo
In a letter addressed today to the Minister of Post, Telecommunications
and Media, Mangala Samaraweera, Reporters Sans Frontières (Reporters
Without Borders RSF) protested against the detention of Nadarajah
Thiruchelvan, journalist from Jaffna by the Terrorist Investigation Division
since 2 January 2001. RSF asked the Minister to inform it of the reasons for
this detention. "If this arrest is linked to his journalistic activities,
we ask you to ensure that the journalist is released as soon as possible",
wrote Robert Ménard, general secretary of the organisation. (12
January 2001)
Journalist tortured in custody
A state owned Lake House Journalist taken into custody under the
Prevention of Terrorism Act two weeks ago, was not allowed to talk to his family
says the Tamil Media Alliance (TMA). In an interview with the BBC Sinhala
Service "Sandesaya" TMA Chairman P. Manikkawasagam said that the
Jaffna based journalist Nadaraja Thiruchelvam, who is held at the Police
Terrorist Intelligence Division in Colombo was not given permission to speak to
his wife when visited. She had been told by the Police that they received a
petition regarding Thiruchelvam. The contents of the petition have not been
revealed.
He has been tortured in custody. A human rights activist in Colombo told
BBC’s Sandeshaya that the journalist Nadarajah Thiruchelvam was handcuffed to a
chair and beaten with a pipe. He has recorded a statement from Thiruchelvam.
The victim is a Lake House reporter based in Jaffna who was arrested after arriving
in Colombo to attend a wedding. The police has told his family that they have
received a petition alleging journalist’s connection to LTTE. The Lanka
Academic learns that a powerful government minister from the North East region
has ordered Nadaraja’s arrest. (The Academic - 16 and 23 January 2001)
Foreign media censored
4 May 2000 - The Sri Lankan Government renewed press censorship on the foreign
media. Sri Lanka's local media have been subjected to censorship since last
year. However, Colombo-based foreign media had been exempted. The Minister of
post, telecommunications and media has said that all war-related reports shall
be submitted to the censor.
Newspapers shut down
19 May 2000 - The Sri Lanka army sealed the Jaffna
daily, Uthayan. According to a journalist at the paper, soldiers who went
to the paper's office in Jaffna town locked the building, cut the phone lines
and took the keys away. Earlier the
Army warned the Uthayan paper's assistant general manager and associate
editor for publishing a story about the
Sri Lankan President's meeting with Indian Air Force commander.
22 May 2000 - The Sunday Leader (English news paper), one of Sri Lanka's main
newspapers was closed down by the government on 22 May 2000. No reason had been
given. The Sunday Leader has been critical of the ruling People's Alliance for
a considerable period.
47
Administration of justice
Anti-Tamil protesters threaten Human Rights Lawyer at
UN
11 August, 2000 - Karen Parker, a human rights lawyer was intimidated and threatened by
anti-Tamil demonstrators protesting
outside the United Nations in Geneva. Ms Parker had left the UN building where
the 52nd Sub-Commission on Human Rights was in session. Ms. Parker, who is a
well-known figure in legal circles internationally, was alone when she walked
towards a bus stop to go home. Some of the demonstrators had pursued her,
screaming insults and confronted her. She had been rescued by a passing Swiss
national. The matter had been reported to the Swiss police.
While Ms. Parker had to pass an estimated 50-60 Sinhala, one protestor shouted
out her name and began screaming "there she is, the lawyer for
Tamils" where upon several others began shouting at her. "They were
saying that she is an enemy of the Sinhala people, that she was living off the
misery of the Sinhalese".
The man who shouted out her name was rallying the mob, she said. "I was
surprised -they were too far away to see my name tag, I wonder now if my
photograph had been given to them by the Sri Lankan government. I am shocked at
their [demonstrators'] vehemence," she said. "I believe in free
speech. By their intimidation, they are interfering with my practice as a human
rights lawyer."
Ms. Karen Parker, presents all human rights violations without any
discrimination in race, ethnic or nationality. She presents the case of
Kashmir's, Sierra Leone, Burmese, Tamils, Molokans and others.
WFDY Condemned the anti-Tamil demonstrators
The World Federation of
Democratic Youth - Hungary has condemned the anti-Tamil demonstrators in
the 52nd session of the Sub commission on promotion and protection of human
rights, for their ugly behaviour towards the human rights lawyer Ms. Karen
Parker. WFDY in their intervention
under the agenda item - administration
of justice and human rights said, "We all understand people have
different opinions. The NGOs accommodate the differences of opinion and work in
collegial fashions, despite differences. Therefore, it is particularly
distressing that the principal representative of International Education
Development, a lawyer, was assaulted by those demonstrating in front of the UN
on the Sri Lankan issue last Friday. That any NGO should be attacked for
defending human rights, and that the attackers argue that all NGOs finance
themselves on the misery of other people, is outrageous. This has to be
condemned by this Sub-Commission and all other NGOs".
Dr.
Jeyawardena, M.P.'s complaint before UN
UNP Parliamentarian Dr. Jayalath Jayawardena said yesterday that the
complaint he made to the United Nations High Commissioner for Human Rights
against President Chandrika Kumaratunga is being inquired into by the UN Human
Rights Committee. Sri Lanka’s Permanent Mission to the United Nations office in
Geneva writing to the UN Human Rights Committee with regard to Dr.
Jayawardena’s complaint in September this year, had disagreed with Dr.
Jayawardena’s arguments.
Sri Lankan Mission to the UN Geneva office said: "Dr. Jayawardena
has alleged that President Kumaratunge and other leaders have linked him to the
LTTE and as a result, he is being exposed to threats. He also alleges that he
is being threatened by anonymous callers and also under surveillance
unidentified persons. However, there is no mention of him making a complaint to
domestic authorities. It is submitted
that the failure of Dr. Jayawardena to resort to domestic remedies in the first
instance where alleged threats to his life were involved is an important factor
to be taken into account in accessing credibility to him."
Meanwhile, Dr. Jayawardena writing to the UN Human Rights Committee on
November 23, in response to these observations, has said that he disagreed with
the observations made by the Sri Lanka Mission with regard to the complaint he
made to the UN Human Rights Committee.
"I made this complaint against the President and this complaint was
directed to the UN Human Rights Committee as domestic remedies cannot be
exhausted. Under the constitution of Sri Lanka, the President has legal
immunity. No local remedy whatsoever can be taken against the President.
Therefore I have no other option other than to making a complaint to you under
the Optional Protocol Covenant on Civil and Political Rights and Article 86 of
the Rules and Procedures of the Human Rights Committee," Dr. Jayawardena
has told the UN Human Rights Committee. (Excerpts from The Island - 26 November
2000)
48
MPs voted against emergency sought asylum in UK
The killing of EPDP MP Atputharajah Nadarajah in November and All Ceylon
Tamil Congress leader in January have heightened fears. According to sources,
the police have stated that they would not investigate the murder of Mr
Nadarajah whose writings in the Tamil journal Thinamurasu led to accusations
that he supported the LTTE despite being a member of government ally, the EPDP.
Two other EPDP MPs who voted in Parliament against the extension of
Emergency have fled the country and sought asylum in Britain.
UNP MP Jayalath Jayawardena, an active campaigner for the rights of
Tamil refugees in the Vanni, has received death threats. In January, the
International Commission of Jurists expressed concern in a letter to Parliament
Speaker KB Ratnayake over the threats to Jayawardena. According to reports,
former head of Rupawahini TV Corporation and LTTE campaigner, M Vasantharajah
has gone into hiding following threats on his life. His wife says that their
home in Mt Lavinia is under constant surveillance by unidentified persons.
In the past two months, other outspoken Tamil activists have received
threats by telephone and letters, some signed in blood. Activists who have fled
the island told the Sri Lanka Monitor
that there is an attempt to silence people who speak out about Tamil rights. ...." (Excerpts from British Refugee Council - Sri Lanka Monitor
January 2000)
Impunity
Many Non-governmental organisations have brought the serious matter of
impunity in Sri Lanka before the Commission on Human Rights in the past.
Time and time again the suspects of massacres and extra-judicial
killings go free. There are many instances of transfer of security force
personnel, delays and worse still - promotion for those security force officers
who are directly involved in carrying out massacres.
In 1985 commandos of the Special Task Force massacred 46 Tamil civilians
working in a prawn factory in Kokkodicholai. At the time there was a strong
demand from human rights groups and Tamil politicians for an independent
commission to be set up. The Sri Lankan government ignored the demand. Six
years later there was another massacre in the same area, of 67 Tamil civilians
including woman and children. This time Sri Lankan army personnel were the
culprits. Due to pressure from Western aid donors, the Sri Lankan government
appointed a Commission of inquiry into the massacre. This was the only
Commission ever appointed to probe a massacre in the North and East of the
island. However the TOR (Terms of Reference) restricted the Commission to
merely studying the circumstances that led to the massacre and recommend the
award of compensation. The judge
appointed to the Commission identified the Sri Lankan army officer who had
ordered the massacre of civilians and other soldiers who perpetrated it. None
of the identified personnel were brought to book. Instead the Sri Lankan
government granted the officer who was responsible for the murders a senior
position in a public corporation.
In 1990 on 9 September 184 Tamil civilians from the villages of
Sathurukkondan, Kokkuvil and Pillaiyaradi, including five infants and 42
children were murdered in a Sri Lanka army camp. Two commissions of inquiry set
up to look into disappearances have investigated this massacre and have
identified the perpetrators as Sri Lana army personnel, including an officer in
the local army camp. The retired judge who headed a commission stated in his report
that legal action should be taken against the perpetrators. Neither has a
police investigation been conducted nor have legal proceedings been instituted
against those responsible. Furthermore an eye witness who escaped with injuries
has had his life threatened by personnel from the Sri Lanka army. So impunity reigns.
Reporters sans frontiers stated that in Sri Lanka there exists
"impunity of journalists murders". The organisation has documented 31
killings of journalists.
Sri Lanka prepares for the UN Commission on Human Rights !
Government is to appoint a presidential commission to probe the massacre
at the Bindunuwewa rehabilitation camp, informed sources told the Sunday
Leader. The appointment comes as the government makes preparations to present
its case to the UN Human Rights Commission, which is expected to begin its
sessions around April this year.
The delay in appointing a Commission to probe the massacre has vexed
human rights activists both local and from overseas.
49
Sources said that the timing for the appointment of the commission
coincides with the sittings of the UNCHR that is expected to commence in April.
The sudden activism of the government and the Human rights commission after the
delay of three months is due to the UNHCR sessions where Sri Lanka might be
criticised for its human rights record in the year 2000 said sources. (Excerpts: Sunday Leader February 11, 2001)
Religious Intolerance
75 Hindu temples closed
June 2000 - Ten churches and 75 Hindu temples are closed in Thenmarachchi
division. Eight temples, including the
Sivan temple at Chavakachcheri, have been damaged (British Refugee Council, June
2000).
Refused permission to devotees
In July 2000 - The Sri Lanka army refused permission to Saivite
devotees to pray at the ancient Shiva temple in Thirukketheeswaram in the
Mannar district for the Aadi Amavaasai festival. A section of the 21 Division
of the Sri lankan Army is camped in the precincts of the temple. More than five
hundred devotees had applied through the temple trustee board for permission to
pray at the temple.
Clause on Buddhism in the constitution
Minister of Constitutional Affairs Professor G. L.
Peiris, met the Mahanayaka Theros of Malwatte and Asgiriya Chapters in Kandy.
The Minister told the Mahanayaka Theros that the clause on Buddhism in the
constitution would not be revoked under any circumstances.
Buddhism further strengthened in draft (new)
constitution.
In August 2000
- The Sri Lankan government reiterated
that the "foremost place" given to Buddhism in the constitution will
not in anyway be changed under the new constitutional reform proposals to be
tabled in Parliament. A government
spokesman said that the status of Buddhism would be further strengthened and
enhanced in the new constitution.
Fifteen temple employees and a Priest arrested
In September
2000 - Fifteen people who were working at
an 'Amman' Temple at Naasivanthivu, 34 km. north of Batticola, were arrested by
Sri Lanka Army soldiers during a search operation .
A Saiva temple priest was arrested by the Sri Lanka
army at Mooththa Vinayakar Koilady on the Jaffna-Pt. Pedro road near
Nelliyadi
Annual festival disrupted
In October 2000
- The annual festival of the
Vallipuram Aalvaar temple in Jaffna was disrupted when crowds of devotees who
were angered by the Sri Lanka Army's refusal to allow them to the beach for the
water cutting ceremony ('Theertham') stoned soldiers and a state radio
van.
Permission denied for Catholic procession
In December
2000 - The Sri Lankan Police refused permission
to the Catholic Church in the north to go on a peace procession in Jaffna town.
A Catholic Church spokesman said that the Police denied permission for the
procession on the grounds that the security situation in the Jaffna town did
not permit it. He said the march had been organised as a remembrance of a saint
of the church.
British charity bombed in Sri Lanka
Jan 31 2001 - COLOMBO, (AFP) - An office of a British non-governmental agency was
bombed in the Sri Lankan capital Colombo, police said. There were no
casualties. Unidentified attackers threw two grenades at the Oxfam offices in
Colombo's fashionable Park Road area, Oxfam spokesman Simon Harris said, that
the pre-dawn attack shattered windows of the building and damaged two vehicles.
The motive for the attack was not immediately clear.
The Oxfam charity operates in several parts of the country, including
the embattled Northeast where Tamil Tiger rebels are fighting for a separate
state. There was a similar bombing against the Norwegian-funded Save the
Children office here in June last year as Oslo's special envoy, Erik Solheim,
arrived in the island as part of his attempts to broker peace. Solheim was
again expected in Sri Lanka Wednesday, but it was not clear if the bombing
against Oxfam was a coincidence or linked to the ongoing peace efforts. Radical
Sinhalese elements have opposed foreign intervention to end the island's drawn
out Tamil separatist conflict which is said to have claimed over 60,000 lives in the past two decades.
50
Communal violence in Up-country
28 October 2000 - In the Nuwara Eliya district, as the communal violence against the
Tamils people has started and Sinhalese thugs set fire to hundreds of shops
belonging to Tamils in Ginigathhena. Many
people were injured in the riots.
Mobs also stoned several buses, and vehicles, smashing their windows and
lights. The wounded were admitted to Nuwara Eliya hospital. Meanwhile the
police and army conducted search operations arresting many Tamils.
On 30 October, four Tamils were killed and several others were wounded in
Talawakele when the police opened fire after riots broke out between Sinhalese
thugs and demonstrators who were protesting against the massacre at Bindunuwewa
detention centre, in Bandarawela on 25 October.
17 killed, 80 injured, 32 Houses and
52 shops damaged due to communal violence.
VIOLENCE AGAINST WOMEN
UN Expert of the Sub Commission on
promotion and protection of human rights - 52nd
session
Mr. Paulo Sergio Pinheiro, intervened under the agenda Item 6.
I would like to take this
opportunity to praise again the excellent report made by Ms. Gay McDougall and
her contribution to improve the comprehension of the use of sexual violence
during contemporary armed conflicts.
I would like to draw attention to
paragraph 20 of Ms McDougall’s report, where several reasons are stated for
this sexual violence so prevalent in armed conflict:
-
The use of sexual violence is seen
as an effective way to terrorise and
demoralise members of the opposition, thereby forcing them to flee
-
Access to women’s bodies and
sexuality often is seen as the “spoils of war” or part of the “services” that
are made available to combatants
-
Acts of sexual violence are not
consistently viewed or codified as criminal acts, and those who commit them
often are not punished under the law
-
Racism, xenophobia or ethnic hatred
often is directed against women and girls who are members of targeted groups,
and who then are subjected to sexual violence because of their gender and other
factors of their identity
-
Sexual violence is used as a form of
“ethnic cleansing”
The Special Rapporteur has presented several cases of sexual violence
including rape, being used in many armed conflicts in several countries. I
would like my colleagues to consider in the same pattern of sexual violence
some allegations concerning the conflict which opposes the Tamil Community to
the central state in Sri Lanka. In this sense my attention to this situation
was called by a letter on Sri Lanka from my former colleague, the Special
Rapporteur on Violence against women. Ms. Radhika Coomaraswamy in that letter
dated 13th March 2000, the Special Rapporteur expressed her grave
concern over the lack of serious investigation of allegations of gang rape and
murder of women and girls. She focussed on three individual cases which had
been brought to her attention.
The first case, a woman aged 29 was reportedly gang-raped and then
killed by Sri Lankan Navy soldiers on 28th December 1999 in
Pungudutivu, near Jaffna Peninsula. Despite an order by the President to
immediately investigate the events, it is reported that “very little is being
done to pursue the matter”.
The second case, was a woman allegedly gang-raped by five soldiers and
then killed during the night of 12 July 1999. On 6th October 1998 a
girl aged 12 was allegedly detained while returning from school and raped by a
soldier in Sangathaanai, East of Jaffna.
In her letter the Special Rapporteur also expressed concern about
political violence in the South of the country affecting women in particular.
The Special rapporteur, in her letter expressed the hope that every effort will
be made to prevent further violations through the investigation of the alleged
incidents and the prosecution of alleged perpetrators in a manner consistent
with international human rights standards. (Excerpts 10 August 2000)
51
Gang-rape
and murder case-still no convictions !
21 year old Ida Hamilitta was gang-raped and
murdered by Sri Lankan soldiers who forced their way into her house on 11th
July 1999. At the post-mortem the judicial Medical Officer stated that she had
been raped, shot at her genitals, had 18 injuries on her body, had been bitten
and stabbed on her abdomen.
According to
Kaliyan Murukaiah Mahalingam, one of the soldiers attached to Pullimunai army
camp, seven soldiers were involved in the gang-rape and murder. They were
identified by name. Two were put on remand and five continued to serve as
soldiers.
At the hearing
in the Mannar Courts on 20th July 1999 the judge issued a warrant to
arrest and produce in court the five soldiers. A year later, and the five
soldiers had still not been produced in court. Their attorney sent a telegram
to the Mannar courts on 11th July 2000 stating that their clients
were on duty as soldiers in the North and that he had sought the
Attorney-general’s permission to have the case transferred to another court!
However, the
judge, Mr. Illancheliyan, issued an order again to arrest the five soldiers
stating that the application was not produced in accordance with court's
proceeding. The judge also asked the police investigators why they have failed
to charge the seven soldiers for rape despite there being strong evidence of it
having occurred. The judge asked the police for an explanation and ordered the police
to submit a charge sheet which included rape at the next hearing.
Many gang-rape and murder cases
TCHR has documented many rape and murder cases. The real
number is inevitably higher since cases often go unreported. It is believed
that there are many bodies of women in the Chemmani mass graves, where more
than 600 bodies of the “disappeared” are alleged to lie buried. It is now
nearly five years since Krishanthy Kumaraswamy was gang-raped and murdered by
11 soldiers of the Sri Lankan army. Far from proving that the Sri Lankan
government has a good human rights record, the Krishanty Kumaraswamy Court case
brought to light the existence of the mass graves at Chemmani actually
revealing an even more sordid and revolting reality than was known before. The
sentencing of low level soldiers, resulted in these soldiers stating in court
that high ranking army officers were the perpetrators of the brutal
murders.
70-Year old woman raped
On May 31 2000 Poomani Saravanai, aged 70 was raped
and robbed by Sri Lankan army soldiers in her own home, in Neervely, Jaffna.
Such atrocious incidents are alarmingly frequent. Not all women speak about
what happens to them, for fear of reprisals by the army, or other obvious
personal reasons.
During the horrific ordeal, Poomani’s son, aged 32, was held
at gunpoint by other soldiers to stop him protecting her. The fact that Mrs
Saravanai wrote a letter to her MP to read out in Parliament, is indicative of
the strength of the will of Tamil women to speak out against rape used as a
weapon of war. Since the censorship imposed by the government blocks many such
horrors being brought to the attention of people widely, she felt that she
should use her experience to denounce the horrors happening to her and other
women. She actually stated in her letter, “This incident itself is a typical
example that portrays the inner motive of the Sri Lankan government to
annihilate the Tamil race by torturing and shaming”.
Dangers faced by displaced women and
girls
Displaced women and girls face huge difficulties and live
everyday life with insurmountable problems. The embargo on food and medicines
causes health problems for women, and in turn for the children who are cared
for by them. For girl children the problems facing them with regard to living
in areas they are unfamiliar with, and the constant threat of sexual harassment
from Sri Lankan soldiers, if they return to their homes in government held
areas, is frightening.
One such displaced girl child, Kandasamy Manju, was reported
missing, to the ICRC, on August 20, 2000 by her parents after she went to
answer the call of nature on a beach near where she was living in
Valvettiturai, Jaffna, with her family. It had been necessary for her to go
outside as there was neither a toilet nor a latrine in the house where they
stayed. She never returned. The Sri Lankan army allows people to the beach
until 7.30 pm, and they patrol the beach. Her parents believe the army would
have to have known of her disappearance.
52
Woman farmer killed and mutilated
Krishnapillai Thayaothy, aged 32 was raped and killed by
Home guards operating with the Sri Lankan government, at Poomaraththadichenai,
Muttur on October 2nd 2000.
She, along with six other farmers had been working in paddy fields when they
were abducted and brutally murdered. Her body was mutilated.
Women's lives affected in every area
Many people are killed by indiscriminate bombing by the Sri
Lankan army. Everyday life is affected in so many serious and terrible ways.
The bombing can be sudden and unexpected, and loss of life always seems to be
just round the corner. On 27th
October 2000 Vasanthathevi, aged 29, was breast-feeding her baby when she
was struck by shelling fired from a police post in the area. Her husband and
the baby were injured but survived.
Two young women tortured by male Police
It was established in Vavuniya High Court on 12 December
that Mariyathas Mary Shamila, aged 18 and Shanmugam Sharmila, aged 21, were
severely tortured by male Sri Lankan police during their detention. The
Judicial Medical officers who had examined them confirmed the young women’s
evidence that their injuries were due to torture.
The High Court
Judge held that the confessions of the accused women were not obtained
according to the Law prescribed for the purpose and that it had been proved
that the accused women made those confessions under duress. As such the court
was not in a position to accept the confessions purported to have been made by
the accused women, the Judge said. Both young women were discharged.
Special task force rape
On February 5 2001, in Cheddipaalayam, East Batticaloa, a
mother of two children was raped by a soldier of the elite Special Task Force,
when she was collecting fire-wood. She was admitted to Batticaloa hospital. The
soldier threatened to kill her if she spoke about the rape.
Extensive human rights violations occur in the East of the
island. The gang-rape and murder of Mugespillai Koneswary, mother of four, was
shocking and horrific. In an attempt to cover up the rape and murder a grenade
was placed in her abdomen by the soldiers who killed her. The list of incidents
is too long to repeat here. (Please see previous
TCHR reports.)
Pregnant women threatened by shortage
of medicines
Ecometrine, a drug that controls bleeding during
child-birth, is unavailable at Valaichenai Hospital, threatening hundreds of
women who live in the Northern parts of Batticaloa District. The maternity ward is dilapidated and
functioning without even the most basic facilities. Shortage of other medicines
is also acute.
Sterilisation as a form of genocide
Sterilisation is on the increase in the hill country not as
family planning, but as a measure of ethnic cleansing. It is the health
officers who are running this operation and they get Rs. 200/= per estate
worker, while the worker himself gets Rs, 500/= for under going this operation.
This is a violation of Human Rights, but law cannot contain it. It is being
done by exploiting the poverty of estate workers. Sterilisation and operation
in Tamil areas are going on while child birth is promoted in Sinhala areas with
the slogan to send them to war. Already the problem of finding sufficient
number of children to primary schools is there in the hill country. Meanwhile
the education ministry has ordered all schools with less than 115 students to
be closed. The pre-schools in Nawalapitiya had to be closed because of the
reduction in childbirth in the area. When inquired the fact came to light that
this sort of family planning is going on with the connivance of the estate
health officers. (SUDEROLI, Sunday January 21st,
2001)
The administrators of the sterilisation programme do not
adhere to the proper protocols such as minimum age of 26 years, for
sterilisation. It has been reported that Tamil women under the age of 19 have
been sterilised in these programmes.
RIGHTS OF THE CHILD
Children's rights are articulated in the Convention on the Rights of the
Child. The Convention was adopted as an international human rights treaty on 20
November 1989, but this convention is not respected in Sri Lanka. -
(TCHR)
53
900,000 Children lack Education, Food and Shelter
Tamil children are the part of the
population that has been most seriously affected by the war. UNICEF recently
estimated that all the 900,000 children in
the North and East of Sri Lanka lacked
education, food, shelter or had been directly injured in the war.
Indicators of general well-being in the war zones have been declining
dramatically. Infant mortality in Jaffna has jumped by 400% from half the national average to twice the national average
since the war began. Over half the children born in the Vanni are underweight. Only 4% of children were malnourished in
Jaffna in 1976 while by 1993 20% did not get enough to eat.
According to Red Barna, the Norwegian charity almost 70% of the children in the Vanni are undernourished, twice
the national average. Educational quality has declined, along with the number
able to attend school.
Children are regularly the victims of shelling and bombing, of
landmines, disappearance, torture and rape. Multiple displacements over many
years and the deaths of family members in the war have taken their economic and
psychological toll. The numbers of orphans, and physically and mentally handicapped
children have all increased.(Avis Sri-Jayantha "Association of
Tamils of Sri Lanka in the USA)
Children forced to feel the heat of battle - UNICEF
16 May 2000: UNICEF said that children are "being forced to feel the heat of
battle" in Sri Lanka, where fighting for the town of Jaffna over the last
few days has been putting children and women at enormous risk.
"It is a matter of grave concern for us that children in northern
Sri Lanka once again are experiencing the trauma of warfare and displacement,"
said Carol Bellamy, Executive Director of UNICEF.
Ms. Bellamy emphasised that she is equally alarmed by reports that
government forces were restricting the supply of vaccines and drugs to children
and families in LTTE-held areas of Sri Lanka. (Excerpts)
Extra-judicial killings of children.
Article 6 of the Convention on the Rights of the Child deals with the
right to Life itself. No security force personnel have ever been brought to
justice and punished for these killings. Between May and December 2000 at least
thirty-one children were murdered by the security forces - that is, one Tamil
child every week was killed. These are only the cases documented by TCHR. The
real figure is sure to be considerably higher.
Thiyagarajah Gnanarajah aged 17 was shot dead by the Sri Lankan army when working in rice
fields (10/08/00); Kunalingam Kugadasan, aged 14 was shot dead also by the Sri Lankan
army when he was simply out swimming in a lagoon (30/09/00) and James Jeyaprathap, aged 15 was shot
dead by the Sri Lankan Navy when he was fishing (22/11/00). Two children aged 15 and 5 were killed
in the massacre by the army in Mirusuvil (19/12/00). When the bodies were
unearthed from the mass grave, it was evident that five year old Prasath had had his leg twisted out of
its socket and broken. Nine children
were killed by the Sri Lankan Army, in the massacre in Batticaloa on May 17th.
They had been brought to a religious festival by a priest. When the Police
indiscriminately opened fire on the Tamil civilians the priest had pleaded for
the lives of the children - but they were mercilessly gunned down. Many children, as yet an unknown figure,
were barbarically killed in the Bindunuwewa Detention centre massacre
(25/10/00). They were hacked to death and mutilated. Amongst these children
were a twelve year old boy who had
been arrested simply for begging in the streets of Amparai, and Pushparaja Kandeepan, aged 17, who had
been arrested while living at his parents home in Trincomalee.
There are occasions when children are killed and their loved ones are
refused permission by the army or police to have the body of their child until
the family signs a document to say the child was a member of the LTTE. Strong
pressure is put on the parents, and if they do in fact sign, the army claims it
has killed a member of the LTTE.
No. of children between May-December 2000 Killed by
Special Task Force 1
Sri Lankan Army 22
Sri Lankan Police 3
Sri Lankan Navy 1
Sri Lankan Army/police and Sinhala armed persons 2 (ascertained. Number higher.)
Sri Lankan Air Force 2
Total 31
54
MASS EXODUSES AND DISPLACED PERSONS
Thousands forced to leave Jaffna peninsula
UN High Commissioner for Refugees
UNHCR Press Release 18 May 2000 - "The United Nations High Commissioner for
Refugees today expressed alarm about the plight of civilians caught in the
fighting in Sri Lanka’s Jaffna peninsula.
"The current military situation has put civilians at great risk and
has already caused casualties among the people of Jaffna," High
Commissioner Sadako Ogata said in a statement. "I am appealing to all
parties to ensure that civilians are protected from the escalating hostilities.
They must be allowed to move to areas considered safe," she said.
Mrs. Ogata said she is disturbed by a reported statement that refugees
will not be allowed entry into India. UNHCR has repeatedly called on countries
to open their borders to people seeking asylum.
Thousands of people have been forced to leave their homes in the
peninsula, with a population of about 500,000. Many of them have found shelter
with relatives and friends mainly in the northern and western sections of the
area. Despite a 24-hour curfew, UNHCR staff have been able to visit some of the
schools, clinics, government buildings, temples and churches sheltering some of
the displaced. (Excerpts)
Entire peninsula made refugee flight more difficult
"....Refugees have fled to North-Eastern Vadamaratchy or western
Valikamam areas and have taken refuge in temples, schools or empty houses. Many
have no access to government relief. The extension of a 48-hour curfew on 10
May and a 24-hour curfew on 18 May to the entire peninsula made refugee flight
more difficult. UNHCR continues to intervene with the Sri Lankan military to
ensure safe passage for the refugees. Many are still trapped in the combat zone
and are undergoing immense difficulties without food or medical care
facilities...
....Many refugees say that they have left their documents, such as
house-holders lists and identity cards, at their homes. Government officers are
delaying or refusing to register their names at relief centres without these
documents. According to UNHCR, refugees are crammed in camps with little in the
way of water and sanitation facilities and some children are suffering from
malaria, chicken-pox and diarrhoea... (Excerpts from
British Refugee Council - Sri Lanka Monitor May 2000)
Refugees in India
Arrived:
June 1983 - July 1989 134,053
After 25th August 1983 122,000
Returned :
24 December 1987 - 31 August 1989 25,585
After 20th January 1992 54,188
Special Camp
As on 31st May 2000 66,464
Refugees from Sri Lanka kept like cattle !
Tibetan refugees and Bangladeshi refugees are moving freely in India,
whereas Tamil refugees from Sri Lanka are kept like CATTLE in special camps. (Courtesy - NGO
"ROSE" in India)
55
Displacement
The government should ensure that humanitarian agencies and NGOs are
able to carry out independent assessments of ongoing humanitarian needs and
monitor population displacement.
Sri Lanka's displaced population, already estimated at 800,000 island-wide, has born the brunt
of this lengthy conflict. Many are living in extreme poverty and have not led a
settled existence for more than a decade. (Excerpts from Human Rights Watch - May 19, 2000)
Humanitarian
disaster faces civilians in Vanni
(Sri Lanka alert
1/9/2000)
The people living in the rebel-held Vanni face “humanitarian disaster”,
church workers operating in the region said. According to government officials,
568,218 people live in the war-affected
area. The government has imposed heavy economic embargoes on the Vanni in a
bid to crush the rebels. Local government
officials have recommended dry rations for 374,000 people but the army has
refused to allow food for 120,000 of this number.
“Widespread starvation is rampant in these areas. Food is used
mercilessly as a weapon by both warring parties. The army uses food to draw the
civilians towards its areas of control while the rebels use it to recruit and
train youths,” said church workers. “Civilians living in the Vanni region are
overwhelmed, especially the mothers, who are broken. We met people who have been displaced for 30 times. But nothing
can be done in an area where nobody is protected. A whole generation with an empty
stomach is silenced by a pathetic chronic war.”
Accommodation is another pressing necessity, but transporting materials
to construct shelters is forbidden. “We meet families living in shattered
houses, without roofs. However with the economic embargo in place, NGOs are
allowed to tackle only the delivery of non-food items,” church workers said.
Over 160,000 forced out of their homes - ICRC
Heavy fighting between the armed forces and the LTTE in the Jaffna
peninsula in late May, forced approximately 160,000 people out of their homes,
the ICRC revealed in its latest newsletter. Of them, some ended up in 136
welfare centres set up in Waligamam and Point Pedro. The rest stayed with their
friends and relatives, the ICRC said.
Apart from them, over 3000 people had crossed the Jaffna lagoon and
taken refuge in the Wanni. Among them were 70 civilians wounded in the
crossfire. This was the first time, the government or a NGO admitted that such
a large number of people were forced out of their homes during the recent
Jaffna battle that left hundreds dead on both sides.
The ICRC which maintained a 43-member delegation including seven
expatriates, in Jaffna during the crisis was able to assist the civilian
community. The ICRC has also supported the Sri Lanka Red Cross Society to
provide health care for these newly displaced people. Over 5000 patients were
treated, the newsletter said adding that the ICRC was instrumental in helping
the displaced persons and their loved ones to keep in contact through its radio
network.
The ICRC also said that during the crisis, one of the drawbacks faced by them was the security constraints which
impeded the access of humanitarian organisations to large areas close to the
fighting zones, where thousands of people remained trapped. "For
instance, all efforts made by the ICRC to have access to Thennamarachchi and
access the humanitarian needs therein, failed since no conclusive agreement
could be reached with the security forces and the LTTE," Jaffna Sub
Delegation head Rob Drouen was quoted as saying. (Excerpts from The Island -
Sunday September 03, 2000)
12,000 displaced from Pallai - arrests, disappearances
continue
Over 12,000
civilians were displaced. Some 6,000 people from the area fled to Nagarcoil and
then further north to Point Pedro. Ten civilians were killed and over 50 were
injured by shells on 27 March in Chempianpatru. Six houses and a post office
were damaged in Airforce bombing. Two days later, LTTE’s radio Voice of the
Tigers called on civilians to move away from military camps.
Jaffna’s Guardian Association for Persons Arrested and Disappeared
staged a demonstration before the government secretariat on 8 March, demanding
information on over 700 people disappeared after Army capture of Jaffna
peninsula in 1996. Five Army officers accused of involvement in the
disappearances were produced before Jaffna courts on 14 March. Two other
accused have died and a policeman is absconding.
56
Arrest and disappearances continue to cause concern in Jaffna. Local
people say that security forces are not following legal procedures for arrest
and detention. S Sutharsan of Jaffna town was arrested in early March and is
currently held at the Urelu Army camp. His brother S Kandipan has disappeared.
Jaffna Central College students Alex Saji, 18, and Kanthasamy
Indirakaran, 19, are missing since 5 March. The Sri Lankan Human Rights
Commission has received complaints that Chavakachcheri student Rajaratnam
Thatparan, 16, is also missing since 9 March. " (Excerpts
from British Refugee Council - Sri Lanka Monitor March 2000)
Problems faced by deportees from host countries - Europe
Tamils who are being forcibly returned to Sri Lanka from Britain and other Western countries,
including Germany and Holland, face a far nastier reception.
Detailed reports from Colombo reveal that the Tamils who are deported from
European countries after failing to be granted asylum routinely face arrest,
extortion, extended detention and torture on their return to Sri Lanka.
The headaches begin on arrival at Katunayake airport in Colombo, where
deportees and others suspected of having left Sri Lanka illegally have whatever
documents they may be carrying confiscated and are arrested. The CID, police and immigration service
also take their money and jewellery and anything else of value they may have on
them. Detention may last only hours or may stretch into weeks. But without
documents they become the target of frequent subsequent arrests. One person was
arrested and re-arrested four times within 18 months of returning.
All Sri Lankan citizens are required top carry a
National Identity Card and are also supposed to hold a police registration
certificate and other documentation relating to their employment or studies.
The deportee, stripped of his papers at immigration, possesses non of these.
Instantly identifiable as a Tamil by both his name and accent he is highly
vulnerable to arrest and further interrogation - even if his only offence has
been to fail to obtain asylum in the West. (Excerpts from "The Independent"
- 8 June 2000 - Published in United
Kingdom)
THE RIGHT TO DEVELOPMENT
UN Official Turns Activist
A Sri Lankan national, who is an official
of the UN,
plays the role of a lobbyist for the Sri
Lanka government
An official of the UN Sub-commission on the Promotion and Protection of
Human Rights has become an advocate for the Sri Lanka government. At the Human
Rights hearings held in Geneva (31 July to 18 August, 2000) this person acted
and behaved more like a lobbyist for Sri Lanka rather than an impartial officer
of the UN.
Mr. R.K.W. Goonesekere is one of a 26-member group of the Sub-commission
known as experts. He, along with his alternate Ms. Deepika Udagama, was elected
to this body in 1998 through voting by member states. Sri Lanka’s vigorous campaign
at this election was successful.
The experts are trusted to be impartial in judging
human rights violations and other related matters brought before the
sub-commission. Most do, and abstain from commenting on matters linked to their
own countries.
Mr. Goonesekere broke ranks with this tradition at the most recent
(Fifty Second) session of the sub-commission, when he took the podium to speak
on ‘Standardization in Education’ in Sri Lanka. He spoke at length, justifying
Sri Lanka’s ‘standardization’ policy, which many of the NGOs have held to be
directed against the Tamil population of the country.
In a well-crafted speech, he portrayed this as ‘Affirmative Action’ aimed to help the rural poor. He left out
important historical information on the campaign by Sinhala chauvinist groups
to reduce Tamil students' access to higher education, which eventually led to
this policy. He said nothing about the fact that the beneficiaries of this
policy were the under-qualified Sinhala students, and that well-qualified Tamil
students even from Tamil rural areas were shut out, by clever classification.
In talking about this, in isolation of other areas of discrimination, such as
in language, religion, social and economic rights, etc., he tried to justify
this ‘standardization’ policy.
57
Mr. Goonesekere’s advocacy role has been evident right from the
beginning. Immediately after his election 1998, at a dinner party for the other
experts, he circulated a leaflet defending the human rights violations by Sri
Lanka. The dinner was paid for by the Sri Lanka government. Since then he has
been campaigning vigorously to defend Sri Lanka’s poor human rights record.
Although viewed as a losing battle by many observers, he has been quite zealous
in his mission.
This year he also took the podium to defend the murder
of Mr. Kumar Ponnambalam. In April 1999,
Mr. Ponnambalam had mentioned to a member of this expert group that he faced
threats from the government. In view of the subsequent murder of Mr.
Ponnambalam, this expert drew attention of the sub-commission on 5th
August. He stated that he ‘had brought the matter of Mr. Kumar Ponambalam’s
fear to the notice of the Ambassador for Sri Lanka’ last year, and that no
action was taken. ‘This year, on 5th January, Mr. Ponnambalam was killed
on the street,’ he said, but ‘no proper investigation has taken place.’ He
urged, ‘the sub-commission has to take this into consideration.’
No sooner this was said, Mr. Goonesekere took the floor and gave a
lengthy explanation as to why the Sri Lanka government has been unable to find
the killers. He said, ‘in an armed conflict, these things can’t be brought to
justice!’ The audience was completely taken aback by this, and several
commented, ‘even the (Sri Lankan) ambassador wouldn’t have tried to defend
this!’
When a group of lobbyists raised this issue
separately, he had said, ‘do you know what Mr. Kumar Ponnambalam said in the
national television?’ The implication that ‘Mr. Ponnambalam had to be punished
for what he said’ was not lost on this group.
Another NGO, who raised the issue of the embargo on
food and medicine to the Tamil areas, was told, ‘You see, there are many
hospitals in the south which have big shortages of medicines, and there are
many villages in the south which have no food at all compared to the Tamil
areas!’
Since Mr. Goonesekere’s election to the expert group the Sri Lankan
ambassador has had fewer occasions to speak in defense of Sri Lanka. This year
he spoke only once.
An independent expert of the UN playing this advocacy role has created
quite a stir among the NGO groups and other observers. Many have started to
question the system itself, which permits experts to be elected by member
states that are themselves guilty of the violations the sub-commission is
mandated to investigate.
Sri Lanka has been ranked by another
UN body, again this year, as the country with second highest the number of
unresolved disappearances in the world, next to Iraq. (Courtesy
- Ilankai Tamil Sangam, USA - www.sangam.org)
Bogus Human rights organisation for "ECOSOC" Status
A human rights organisation known as "University Teachers Human
Rights - UTHR (J)" is a bogus organisation founded and funded by the Sri
Lankan government for the purpose of promoting propaganda against the struggle
for right to self-determination of the Tamil people.
This organisation is funded purely by the Sri Lankan government which
circulates, bogus UTHR(J) propaganda material via the Sri Lankan embassies all
over the world and their advertisement appears in the Sri Lanka propaganda
material "NAMBIKAI" International. "Nambikkai" is published by
the Ministry of Foreign affairs of Sri Lanka and the address for this
publication is "Embassy of Sri Lanka, 15 rue d'Astorg, 75008 Paris,
France.
First of all, this organisation is a bogus human rights organisation function
under a bogus name - UTHR (Jaffna). In the past many statements have been made
by the Vice Chancellor and Lecturers of the University of Jaffna stating
categorically that so called UTHR (J) organisation has nothing to do whatsoever
with the University Teachers of Jaffna!
Once again the vice chancellor of the
University of Jaffna reiterated and insisted on this point in an interview
to the media on 3 September 2000. Journalists asked him "Are there any
connections between you and the UTHR (Jaffna)?" He replied that
"There have been many statements in the past that have denied any
connection with this organisation. There is no such organisation functioning
within the University of Jaffna, this is the truth". (Excerpts from "Thinakural" 3
September 2000)
According to reliable sources, the Sri Lankan government is processing their
application with ECOSOC for National status for UTHR (J)!
58
Personnel working for UTHR (J) are sent by the Sri Lankan government on
scholarships to various institutions for training to increase their malicious
propaganda.
It's a surprise to all the NGOs how the
NGO committee in New York could accept an application by an organisation, which
is a voice of the Sri Lankan government!
UTHR (J) is an organisation which has no physical
address, phone number, fax number, email address, contact person, etc. Can such
an organisation obtain status with ECOSOC? If
this organisation were granted ECOSOC status there would be another
"GONGO" in the United Nations.
The teaching staff of the University of Jaffna
express anger on UTHR (J)
University of Jaffna,
Sri Lanka Faculty of Agriculture,
Killinochchi.
27 January 1996
To whom it may concern
Dear Sirs,
UTHR (Jaffna) and its activities
We the members of the teaching staff of the University
of Jaffna wish to express our anger and resentment at the reports published by
the so called University Teachers for Human Rights (Jaffna) regarding the
recent happenings in the Jaffna peninsula.
The information contained in these reports are based on hearsay and
authenticity of the sources from which they are supposed to have been obtained
is open to question. The information does not give a true or complete picture
of the events preceding and following the exodus of people from the Valigamam
and Jaffna town areas of the peninsula and seems to be intended to serve only
one goal, namely to discredit the LTTE.
The authors of these reports under the pseudonym UTHR (Jaffna) with a
view to winning respect and credibility from its readers by misleading them
into believing that the Jaffna University Teachers are associated with their
reports.
We wish to deny categorically, once again, that any teachers of the
University of Jaffna other than these two ex-staff members are in any way
connected directly or indirectly with this organisation called UTHR (Jaffna)
and we challenge the organisation to disprove our assertion.
The authors of the report have not even visited the North ever since
they ceased to be members of the University staff five years ago. They have
taken up residence in an area outside the theatre of war and have no first hand
knowledge of the conditions here. Whatever they publish has to be based on
information supplied to them either by the government or the people travelling
to Colombo from the North and such information and the inferences the authors
have made from them are highly selective and suited to their goal of
vilification of the LTTE.
The people living in the North, including ourselves, have suffered
infinitely more hardships due to military action by the Sri Lankan security
forces and the oppressive administrative actions of the Sri Lankan government
than due to any human rights violations of the LTTE. Hundreds of civilians have
been killed in a gruesome manner and thousands have suffered serious injuries
as a result to the indiscriminate artillery shelling and aerial bombing of
thickly populated civilian areas by the security forces.
A large number of houses have also been completely damaged due to the
same reasons. Under these circumstances the people living in the war torn area
needed no encouragement or coercion from the LTTE or any other sources to leave
the area and seek shelter elsewhere when there was a sudden worsening of the
security situation. In fact, people who valued their lives more than their
properties quickly sought shelter elsewhere as they did during the previous
military operations in the peninsula, the islands and the eastern province.
Heavier civilian casualties were avoided not because of the sympathy and
concern shown by the security forces to the safety of civilians but due to the
timely evacuation of the civilians from the area of conflict. Perhaps the
authors of the report are not aware that people are still leaving the
Vadamaratchchi due to intense artillery shelling which has claimed more than
fifteen lives during the last two months and caused serious injuries to several
more.
59
Incidentally, the appeal by the government to the civilians to return to
the "liberated area" sounds hollow under these circumstances.
The above human rights violations by the security forces and those of
the government in preventing free flow of food, medicine, liquid cash and other
essential items to the North, detaining mails and postal articles destined to
the North in Colombo for several months, indiscriminate arrest and harassment
of Tamil people in the South and detaining Tamils who travelled to Colombo in
transit camps in Vavuniya irrespective of their age, sex or status, do not
apparently seem to the authors as serious human rights violations as those
purported to have been committed by the LTTE. If these matters are referred to
at all, they find only casual mention in the reports and their inclusion seems
to be intended to give a semblance of impartiality with a view of hiding the
real purpose of the reports.
We are surprised that even the BBC and particularly its Tamil service
which has been one of the few dependable sources of news for the Tamil people
in Northern Sri Lanka has come under attack by this so called human rights
organisation. It appears that the popularity of the BBC among the Tamil people
seems to be a cause of worry for the authors of the report. We would like to
congratulate the BBC and urge them to continue their impartial reporting
without being deterred by the comments or criticism by organisations like the
UTHR (Jaffna).
It is not clear on whose behalf or for
whose benefit the authors have been preparing these reports but it is obvious
that the reports will not serve the cause of the Tamils who have been
struggling for over four decades to liberate themselves from the tyranny of an
ethnic majority, first peacefully, and having failed in their peaceful
attempts, now militarily.
Yours truly,
Dr. A. Navaratnarajah, Senior
Lecturer in Animal Science
Mr. R. Vijayaratnam, Senior Lecturer in Agricultural Engineering
Mr. S. Rajadurai, Senior Lecturer in Agronomy
Dr. S. Mohanadhas, Senior Lecturer in Agricultural Chemistry
Prof. S.V. Parameswaran, Senior Professor of Physiology
Prof. K. Kunaratnam, Senior Professor of Physics (Courtesy : www. tamilnation.org)
Assassination "Hit list" prepared by
Sri Lanka
propagandists !
Three Sri Lankan propagandists have been identified working under the
cover of being journalists. Sri Lankan propagandists, Rohan Gunaratna (who also identifies himself sometimes as a
researcher or scientist), and Dushy
Ranatunge (columnist of the "The Island"), are both based in the
United Kingdom. H.L.D. Mahindapala
runs a weekly community radio program in Melbourne, and is based in Australia.
These propagandists abuse the concept of "Journalism" and
misuse the "Press" to publish their racist views about human rights
defenders, lawyers and academics. Their fabricated stories are frequently published
in the racist media in Sri Lanka. Their reporting not only contains massive and
serious disinformation, it also has criminal motives!
Being allergic to human rights organisations and human rights defenders,
they attack such organisations and the integrity of human rights defenders,
lawyers and academics. They are inherently racist, seeing everything through
their racist lens.
These propagandists expect every individual in the world to support
their racist views. They strongly believe that whatever the Sri Lankan
government does is right! They presume that everyone in this world has an
obligation to justify the atrocities that the Sri Lankan government commits.
Those who are against this theory will be targeted in their writing. Whoever
raises their voice against the injustice and violation of human rights in Sri
Lanka is branded by these propagandists as "Traitor",
"Terrorist", "Front organisation", etc. Besides these
three, there are many other propagandists in Europe. Some are attached to the UN
institutions.
Until now, these so-called journalists have never written anything
against the Sri Lankan government, which has a worse human rights record than
many other countries. Every article that they have written has been anti-Tamil
and provoking ethnic violence not only in Sri Lanka but even in foreign
countries! Their writing has become an obstacle to the ethnic unity in Sri
Lanka.
60
According to "The Island" of 26 October, one of the Tamil news
papers published in Canada "Thamilar Senthamari" (19 October 2000)
states that Rohan Gunaratna and Dushy Ranatunge are two key people involved in
an organisation which has prepared a "Hit List" of 63 Westerners and
Tamils marking them out for assassination! The list comprises names of people
who work on the question of human rights in Sri Lanka. The list contains names
of many Human Rights Defenders, Academics, Lawyers and Doctors. The alleged
conspiracy targets Westerners and Tamils in Europe, Canada, USA and Australia.
TCHR is concerned to note that our General Secretary S. V. Kirubaharan
is amongst the 63 listed for assassination! The newspaper goes on to say that
to achieve this objective, they have already launched a fund-raising drive and
have opened banks accounts. According to
the paper report, the Sri Lankan Foreign Ministry is connected to this
organisation.
Copies of the article "Thamilar Senthamari" have been
circulated to several law enforcement agencies, including Scotland Yard in
United Kingdom, Federal Bureau of Investigations - FBI in United States, Royal
Canadian Mounted Police - RCMP, Canadian Security and Intelligence Service -
CSIS.
It is time for every-peace loving citizen of this world to be vigilantly
aware of these bogus journalists who work with a hidden agenda. (Published
in the "Human Rights of Tamils",- October 2000)
Note: Up until the time this report goes to
printing, the Ministry of Foreign
Affairs of Sri Lanka, has not denied their involvement in an organisation
which has prepared a "Hit
List" of 63 Westerners and Tamils in Europe, Canada, USA and Australia
marking them out for assassination!
Human Rights Commission covering up for the government
The massacre at Bindunuwewa is under threat of being obliterated from
public discourse in the face of more topical news grabbing the headlines. No
doubt such a turn of events will be to the immense satisfaction of the
government, which is desperately trying to cover-up the more villainous aspects
of the crime, in the hope that its already threadbare human rights record will
not be tarnished further.
It is becoming increasingly apparent that despite the 'investigation'
carried out by the human rights commission (HRC) and its report, the substance
of that document is far from satisfying. Though supposedly an 'independent'
body, the HRC's report smacks of a cover-up of the worst kind.
Mob carries firearms
One of the inmates warded at Colombo national hospital has gunshot
wounds. Does this mean that the so-called 'mob' carried firearms?
A team that visited the rehabilitation camp found
poles, iron rods etc., with telltale bloodstains. When the government appointed
teams are conducting an investigation, there is obviously either indifference,
or a deliberate attempt to cover-up if such prime evidence is not produced in
court.
It is evident that the armed forces and police pay
scant regard to attempts by the government to investigate and punish errant
military personnel. And why should the armed forces bother too, considering the
lackadaisical manner in which other massacres like Mailanthanai, Kumarapuram,
Thampalakamam and Kalutara (to mention a few) have been handled by the state?
Trial-at-bar
One of the measures proposed to bring to book the Bindunuwewa killers is
through the appointment of an independent commission of inquiry. The proposal
is that it could include international experts and contain the terms of
reference to investigate and punish the perpetrators. There have also been
proposals to demand a commission of experts from an international organisation.
However such a course of action is
feasible only after all domestic remedies are exhausted .
The second process is through a trial-at-bar. Usually, when a criminal
offence comes before court, the cause of death has to be established by the
magistrate at the inquest - especially if death occurs under suspicious
circumstances, such as death in custody. If the magistrate is satisfied that a
crime has been committed, the police will file charges and produce the suspects
in court.
This is followed by an identification parade if required, after which a
non-summary inquiry begins. If the magistrate feels that a prima facie case
exists, the matter is committed to the high court. If there is insufficient
evidence, the case is discharged. The grave drawback in this procedure is that
it could take two to three years for the case to be even committed to the high
court.
61
This is where a trial-at-bar appears advantageous. The delays associated
with the non-summary inquiry is eliminated and the trial-at-bar, comprising
three high court judges, can go straightway into the case. The comparatively
expeditious disposal of the Krishanthi Kumaraswamy case is an example of the
advantages of a trial-at-bar.
In the case of Bindunuwewa however, the police have to arrest all the
suspects which allegedly includes civilians, before a trial-at-bar begins. If
this is not done, some of the perpetrators might go free.
Abruptly transferred
The police recorded complaints by the Mailanthanai villagers on August
11, 1992 and an identification parade was held in September that year. The way
the system is weighted against the minorities can be seen from the way the
non-summary inquiry that began at the Batticaloa magistrate's court was
abruptly transferred to the Polonnaruwa MC. The reason given was that the
government and military officials who had to travel to Batticaloa felt insecure
due to fighting in the area.
The transfer however was a source of great inconvenience and fear to the
witnesses who were all Tamil, who had to go to a Sinhala-majority area to give
evidence. Though there was an appeal against the transfer, it was dismissed.
On February 11, 1996, army personnel stationed at Dehiwatte in the
Trincomalee district entered the village of Kumarapuram and slaughtered 24
civilians, 13 of whom were children. Arunaithurai Thanaluxmi (16) was raped
before being killed.
A military board of inquiry was appointed to probe the matter. Civil
proceedings also began and eight persons were identified by the villagers. A
non-summary inquiry was concluded before the Muttur magistrate on September 16,
1998 and the case committed to the Trincomalee high court where indictments
were served. Four years are over and the trial proper is yet to begin.
On February 1, 1998, eight persons that included three boys were killed
at Thamplakamam, also in the Trincomalee district, by the police and
home-guards from the Pokkuruni police-post. Forty-one persons were identified
and remanded by the magistrate and charge-sheeted. However, all 41 were granted
bail by the high court. The case continues.
Finally, on January 6 and 7 this year, two persons were killed,
allegedly by prison officials, at the Kalutara remand prison in separate
incidents. There are also allegations that some of the injured prisoners were
assaulted by prison officials while being taken to hospital. The inquest was
concluded but no identification parade has been conducted despite 10 months
having lapsed since the incident. Not altogether a pretty picture, is it?
Complicity
What is worse is the attempt by organisations like the
HRC to cover-up, which brings up questions as to exactly what role it plays in
Sri Lanka. True it has charged the police with
dereliction of duty, but the HRC cannot escape saying that due to the enormity of the evidence. But having
said that, is the HRC's report totally transparent?
In the past, governments have tried to escape the
intense scrutiny of world opinion by using certain symbolic cases to appear to
be taking action against errant military and police officials. The Krishanthy Kumaraswamy matter was one such. In
this instance too, only fortuitous circumstances made details of the matter to
come out of the closet, forcing the government to take action. But as a rule,
the government is loathe to punish the security forces on whose protection it
relies, and pulls out isolated instances like the Kumaraswamy case whenever
questions come up about the armed forces enjoying virtual legal immunity.
Secondly, the Norwegian negotiators meeting V. Prabhakaran and the
possibility of talks should not deflect attention from Bindunuwewa. The
government will love to see that happen, but has to be forced to address the
massacre comprehensively. Peace talks
without resolving this issue will be as unrealistic as talking about a
political settlement without ensuring at least a modicum of normality returns
to the Northeast before negotiations begin. Because if matters like
Bindunuwewa are not resolved properly, talks too would begin on a crumbling
foundation - a certain path to tragedy. (Excerpts from Sunday Leader - Nov. 12,
2000)
62
The law of the jungle
Sri Lanka is fast becoming a killing field with people losing faith in
both the law enforcers and the judicial system. Sri Lanka is fast moving
towards staking the notorious claim to fame of being called a leading crime
capital of the world with murders, rape, bank robberies, theft and vigilante
killings becoming an everyday occurrence.
With many fingers pointing at the failure of the law enforcers to even
carry out their basic duties, the law of
the jungle is fast taking precedence over the law of the land.
An outdated penal code coupled with delays in litigation has compounded
the crime problem with people fast losing faith in both the law enforcers as
well as the judicial system and taking the law unto their hands.
In the past month, there have been more than 25 killings and 20 robberies reported from various areas in the
country. A startling fact that has been revealed in recent studies on crime in
Sri Lanka is that over 90 per cent of those involved in these activities were
below the ages of 25 years.
Army and police deserters numbering to around 35,000
are mainly being blamed for the rapid rise in crimes. Easy access to firearms has also contributed to the
increase in crimes with many falling prey to the temptations of making a quick
buck in the absence of any deterrent against such crimes.
Some of the prominent murder cases that remain unresolved till today
include the shootings of Satana editor
Rohana Kumara, All Ceylon Tamil Congress (ACTC) leader Kumar Ponnambalam, EPDP MP and Thinamurusu editor A. Nadarajah.
However in less prominent cases which receive little attention in the
mass media, the victims are soon forgotten and families are left with little
hope for justice. For most of the families who live through the experience of a
violent crime, the trauma lives with them throughout their lives but there is
little hope of ever seeing justice done.
1998 1999 2000 (Jan-June)
Homicides 1385 1711 608
Burglary over 5000/= 3531 3415 1722
Theft over 10,000/= 1799 1592 756
Robbery from Resident/Industries 1266 1471 604
Highway robbery 607 379 283
Vehicle theft/robbery 881 892 426
Bank hold up 9 33 1
Total 9478 9493 4400
(Source: Police Headquarters - Reported incidents excluding North and
East)
(Excerpts from The Sunday Times - 26 November 2000)
63
ANNEXES
As far as Jaffna is concerned, everything including human rights,
education, health is all zero!
December 10, 2000 Human Rights and Civil Rights are blocked and denied to the people of
Jaffna. They live in an open prison in the dark. We in Jaffna-Sri Lanka live in
a completely dark room. We do not have any way out. We see the Human Rights
Organisations twinkling in the distant twilights. I don’t know how useful they
could be? Queried Jaffna Judge M. Thirunavatkarasu
He, as chief guest, spoke at the training seminar on Human Rights
organised by Jaffna co-ordinating committee of the NGOs at the Maritime
Development Centre of the Jaffna University - Sri Lanka, in connection with the
International Human Rights day.
Lecturers of the university, Lawyers, representatives of the NGOs and of
the Human rights organisations took part in the training programme chaired by
the co-ordinating president Mr. Vicknesvaran.
Here, many speak of human rights, come together to discuss about human
rights
but in vain. When you look at most of the things happening in Jaffna one begins
to wonder what human rights is - let me explain this through many incidents.
Look for example what happened last week in Thenmaratchchy. Tamils are denied
the right to live in their own place of birth. One cannot question this, nor
appeal to a higher authority. Is this
the democratic human right?
In Allarai the Army had been forcing the people to quit their village. The
inhabitants did not move. At this stage the Armed forces set fire to 18 houses
and chased the inhabitants out of the village. Subsequently the affected people
with the help of an English typist sent letters to ICRC, UNHCR, and
international organisations and to the local authorities. When the Army
officers came to know this they started hunting for the 18 householders. Since
they could not find them they arrested the Gramasevagar (the village headman)
and requested him to give all information regarding the people concerned but he
did not divulge, eventually he was released. Then they started harassing the typist
at Point Pedro-Jaffna. The typist came to me for legal assistance. But what
could I do. He is now unable to go back home and went into hiding.
In another incident: a famous lawyer and a justice of the peace in
Jaffna went into a bunker for 5 days,
following a clash in Madduvil area and escaped to Jaffna town. From there he
kept writing to ICRC and UN Refugee organisation to rescue him from this
situation.
Following clashes in the Jaffna peninsula the Sri Lankan Army brought to the
hospital many tens of dead bodies saying they are the bodies of members of the
Liberation Tigers of Tamil Eelam (LTTE). Then they take them away as and when
they want without any legal formalities and they bury these bodies. Recently
when I spoke to a foreign co-ordinator of ICRC, I asked him if they conduct
inquest on these deaths. He, cynically, replied that is a valuable question.
Among the bodies the army brings to the hospital there are bodies of
women. Who knows the cause of death, if they were raped, subjected to sexual
harassment, or if they really died of gunshot? Who knows if they were beaten to
death? They dump the dead in the hospital even without the knowledge of a judge
or even the hospital authorities then they collect them as they like and bury
them with hands and legs showing outside the ground. The dogs pull them around.
Will this happen to the Sinhalese? This happens to only Tamils because they are
Tamils. When things like this are taking place, what is the use of talks and
meetings.
As far as Jaffna is concerned,
everything including human rights, education, health is all zero. If a
Tamil is arrested he could be detained without inquiries. When he is arrested,
only the army officer knows the reason for his arrest neither person arrested
nor the judge who orders his detention knows why he was arrested! When the
arrested person is produced before the courts they do not say why or what
reason, but they ask detention order 3 to 6 months, that is all. They say
everything in Singhalese no one understands anything. I ask where to sign in
the detention order form and I sign.
112
Many arrests are due to anonymous letters. If someone has a grudge
against his neighbour he sends a petition to the office of the Army and they
will place a grenade in the hands of the person and he is accused as a
terrorist. This is what is happening in Jaffna.
The people of Jaffna are either terrorist or they have a smooth life. This is the propaganda in foreign
countries. Whosoever wishes an arrest or to kill people of Jaffna can do
so. They can even hit someone with a vehicle. This is what happened recently.
Last Friday a University girl was hit by an army vehicle in Point Pedro
junction and the undergraduate was in a critical situation fighting for life.
This took place in the morning the army came to me, after the courts were
closed in the evening, I asked the driver of the vehicle if he had a valid
driving licence. The reply was I am an army driver! The case is put off. A
personnel of the army in Jaffna could do anything and get away with it.
Take for example health facilities, there
should be a surgeon for 4000 people but we have 400 000 people and only one surgeon and in Vanni there are 300 000 and no surgeon. If a child needs an
emergency surgical operation she has to be sent to Colombo but by the time we
go through the red tape, have spent much money and the child will arrive in
Colombo dead. In Vanni the child will
die even before going to Colombo. A foreign handout on human rights is being
distributed here, it isn't worth a penny. Here people suffer without a days
meal and they speak of milk and honey in the handout.
In Jaffna district, 51 village headman divisions were declared high security
zones and 65 thousand people were denied permission to live in their own
houses. There are 240 000 displaced
people in Jaffna. This is one half of the Jaffna population. In addition,
there are about 140 000 displaced from
May this year. Therefore the activities of the human rights are
insufficient. In 1985 when shooting in Valvetithurai killed 25 people and
another 25 locked up in a building and bombed, the Human Rights organisations
spoke out in the international forum. Similarly
the human rights organisations should bring out boldly whatever happens in
Jaffna today.."
Members of the European Parliament
Authorities implement oppressive press-censorship
not allowing essential supplies
Two British members of the European Parliament have strongly criticised
the Sri Lankan Government's human rights record.
The MEPs, Richard Howitt and Robert Evans, say the government has not done enough to protect
civilians caught up in the war against Tamil Tiger rebels and is covering up
their suffering. The men accuse the authorities of implementing an oppressive
press-censorship policy and of not allowing essential supplies, including baby
food and medicine, to be distributed in areas controlled by the Tamil Tigers.
They say that the government has made no progress against the Tamil
Tigers on the battlefield, and that its proposals to end the fighting through
constitutional reform will not work.
Civilian plight
The MEPs visited the northern town of Vavuniya, where they met Tamil
civilians displaced by fighting in the northern Jaffna peninsula.
Mr Howitt said that the authorities were not doing enough to minimise
civilian casualties. The plight of displaced people in and around the conflict
area was as bad as the suffering endured by civilians in Sierra Leone and
Chechnya, he added. He also strongly criticised the government's censorship
policy and its restrictions on travel. "It's part of their effort to
maintain their own population's support for the war, but it is covering up a
major humanitarian crisis," he said.
Peace talks needed
The two MEPs have met members of the Sri Lankan Government and will be
reporting back to the European Parliament.
Mr Evans, a member of the Parliament's South Asia delegation, said that
President Kumaratunga's proposals to end the civil war would not work unless
she sat down and negotiated with the Tamil Tigers. "The Sri Lankan
Government and the Sri Lankan army are undoubtedly spending huge amounts of
money, vast amounts of resources, with very little to show for it. "There
are a large number of soldiers - some of them very young, some of them female -
on duty, and no evidence that they are making any progress at all," he
said.
113
Mr Evans denied suggestions - prompted by the large number of Tamils in
his London constituency - that his visit to Sri Lanka was opportunist. He said
it was not opportunist to take up the plight of Tamil people, whom he said were
being tortured and oppressed. The findings of the MEPs are likely to be warmly
welcomed by the Tamil Tigers, who in recent months have themselves been
strongly criticised by a variety of human-rights groups. (Courtesy BBC
South Asia - 18/7/2000)
(by a Sinhalese Academic)
DR. BRIAN SENEWIRATNE,
MA(Cantab), MBBChir(Cantab), MD(Lond), FRCP(Lond), FRACP Consultant
Physician - Brisbane
Clinical Associate Professor of Medicine - University of Queensland,
Brisbane, Australia
The massacre of 24 unarmed Tamil boys in a
Rehabilitation Centre run by the Sri
Lankan Government must arouse international condemnation. This is a gross
violation of International law and International Covenants to which Sri Lanka
is a signatory. In accordance with International Law, authorities holding
detainees are responsible for their safety and security at all times and in all
circumstances. There are no exceptions.
During the 1983 massacre of Tamil civilians in Colombo,
52 Tamils held in the maximum security
section of the Welikade jail in Colombo were battered to death by a large group
of well armed Sinhalese prisoners while the prison guards and army officials
looked on. Some of the other 290 prisoners testified that gangs of hoodlums
were brought into prison from outside. There is also evidence that prison
officials participated in the killing orgy with prison equipment such as axes
and knives being given to other prisoners. The then President, J. R.
Jayawardene and some of his Cabinet Ministers and their bands of hooligans who
were responsible for systematically destroying Tamil lives and property in
Colombo were implicated in this massacre. International bodies pointed out that
such a massacre could not have occurred without the complicity of prison
officials, especially since the prisoners were in the maximum-security section
of the prison.
In December 1997, three Tamils were hacked to death in
prison while guards looked on. In January
this year (2000), two Tamil political detainees were murdered in the Kalutara
prison just south of Colombo.
A week ago, on 25 October 2000, Tamil boys aged between 14-23 were
massacred by Sinhalese hoodlums at the Bindunuwewa Rehabilitation Centre, some
3 miles from Bandarawela town in the hill country of Sri Lanka. This
Rehabilitation Centre is jointly run by President Kumaratunge’s Presidential
Secretariat, Child Protection Authority, Ministry of Defence, Ministry of
Rehabilitation and Reconstruction, National Youth Services Council and the Don
Bosco Technical Centre.
The youths were detained under the notorious “Prevention of Terrorism
Act”, which breaches every international convention. A police unit and 12 home
guards recruited from the neighbourhood were in charge of security.
There is no question that some of the home guards and policemen aided
the mob. Some of the mob had been transported from elsewhere in vehicles. (I
know the area well and there is simply no public transport to move such a large
number of people). What is even more serious is that when the injured were
taken to the Bandarawela Hospital, the medical staff refused to attend to them
saying they were Tamil Tigers. Journalists
trying to get some information about the massacre were subjected to
intimidation by police who attempted to portray this as an escape attempt, a
riot etc. When Non-Governmental organisations tried to visit the scene,
they were told by the hooligans “ We have cleared the area of Tigers and
protected our homeland. Go away and
don’t report anything that would discredit our Sinhala-Buddhist country”.
President Kumaratunge and her government must take full responsibility
for yet another blot in Sri Lankan history. The Sri Lankan Foreign Minister, perhaps one of the most disgraceful
and despicable Foreign Ministers we ever had, distributed large numbers of
copies of the booklet “Impact of Armed Conflict on Children the Sri Lankan
case”, to delegates at the International Conference on war affected children
held in Winnipeg, Canada, September 10-17,2000.
In it the Government of Sri Lanka claims that it “has paid considerable
attention to the aspects of rehabilitation and meeting the needs of LTTE child
soldiers/youths who surrender. This has been in operation since 1996 and was
supervised by the Presidential Committee on “Safety and Welfare of LTTE Child
Soldiers”, part of the Presidential Task Force on Human Disaster Management.
114
The booklet goes on to state that “in order to carry out a more
comprehensive rehabilitation program with the aim of reuniting these children
into society, a multi-sectional steering committee chaired by Foreign Minister
Lakshman Kadirgamar was constituted by the President in November 1999.
If what we have seen in Bindunuwewa is the outcome of
this “rehabilitation program”, the International Community must act. Or do we
wait for the next massacre? To expect the Sri Lankan government to act is as
good as closing the book.
A further follow-up publication may be necessary as the ‘plot unfolds’
and the real culprits responsible for this menace, are identified. After the
1993 massacre of Tamils in Colombo, I wrote the booklet “Unanswered Questions,
The July 1983 Massacre” which was published before all the details were known.
I wrote this almost by way of an apology to the Tamil people since the then
President J. R. Jayawardene had difficulty in doing so.
On this day preceding the massacre, the detainees had threatened to go
on a hunger strike unless they were charged (or released if charges could not
be levied). The army were called in from the nearby army camp in Diyatalawa.
However the army left the detention centre just 6 hours before the massacre.
Why?
The day before the massacre notices appeared in Bandarawela town that
the area should be “rid of Tigers”.
From where did these notice appear?
Sinhalese villagers living in the area are
being blamed for the massacre. The Human Rights Commission of Sri Lanka (HRC)
has already issued an 18-page report that it could not accept that thousands of
local residents had stormed the rehabilitation centre and beat the inmates to
death.
The HRC points out that the crowd only had knives,
poles and implements and not firearms. The police on the other hand, were fully
armed, and could easily have brought the rampaging mob under control. Why
didn’t they?
There is documentary evidence that there had been an excellent rapport
between the detainees and the local villagers. The detainees, as part of their
work, had to do some social work in the village. Several villagers, astounded
and angered by the charge that they had been responsible for the massacre, have
already come out and stated quite clearly that they were “helpful boys” who
helped in several chores in the village. I doubt if the Sri Lankan government
will be able to conceal the identity of those responsible, anymore than
Jayawardene was able to conceal the identity of those responsible for the 1983
massacre.
The world cannot wait for this “non-event”. The least we can do is to
demand that,
If the
international community does not act, and act now, they will be about as
responsible as the hoodlums, the police, the armed forces and their political
masters, who were responsible for this barbaric deed. (Excerpts - 2 November 2000)
115
Congress of the United States
Washington DC 20515
June 29, 2000
Her Excellency Chandrika Bandaranaike Kumaratunga
President of The Democratic Socialist Republic of Sri Lanka
Temple Trees
Colombo 3
Sri Lanka
Dear Madam President,
We are writing to express our concern for the refugees who are trapped
within the Jaffna Peninsula amid fighting between government forces and the
Tamil guerrillas. We ask that the government of Sri Lanka make every effort to
secure the safety of these refugees.
Since the escalation of the conflict between the Sri Lankan authorities
and the Tamil guerrillas in 1995, hundreds of thousands of people have been
displaced within Sri Lanka. Nearly 75%
of persons internally displaced in Sri Lanka are women and children.
Due to the most recent outbreak of violence, we have heard reports that
the number of refugees in northern Sri Lanka has doubled to more than 16,000 in
the past few weeks. Moreover,
International aid workers estimated that the war has driven 150,000 people from
their homes. Many residents of the Jaffna peninsula have sought shelter in
temples, mosques and churches, but Telephone lines to the peninsula have been
cut, and, making it difficult to assess how devastating the impact has been on
the civilian population. Furthermore,
there are reports that civilians have been killed by artillery fire and
bombings.
We are
particularly impressed with the role the United Nations High Commissioner for
Refugees (UNHCR) and the International Committee of the Red Cross (ICRC) has
played in advocating for the protection of basic rights and the delivery of
humanitarian assistance in Sri Lanka, and we hope that these two impartial
organisations can play a greater role in securing the safety of the Jaffna
refugees.
While we respect your government's sovereignty to
handle internal conflicts and preserve national security, we request that the
Sri Lankan government do everything within its power to permit international
aid agencies (specially UNHCR and ICRC) to help innocent civilians in the Jaffna
Peninsula trapped between government troops and rebels move to safer areas to
be determined by UNHCR and the ICRC.
We thank you for your attention to this important
matter.
Sincerely,
Michael E. Capuano, John Edward Porter, Carolyn Maloney,
Jim McGovern, Lloyd
Doggett, Brad
Sherman,
Eleanor Holmes Norton, John F. Tierney, Tom Lantos,
Robert Brady, Bob
Clement, Henry A.
Waxman,
Robert A. Borski, Nancy Pelosi
116
Congress of the United States
COMMITTEE ON INTERNATIONAL RELATIONS - HOUSE OF
REPRESENTATIVES
WASHINGTON, DC 20515 - TELEPHONE: (202) 225-5021 - October 30, 2000
The Honorable Madeleine Albright - Secretary of State
U.S. Department of State - Washington, DC 20520
Dear Madam Secretary:
We write to urge you to register your concern with the Government of Sri Lanka
regarding the brutal murder of twenty-four
Tamil prisoners inside the Bindunuwewa, Sri Lanka detention center on
October 25, 2000. In addition to the gruesome murder of these Tamil prisoners
by machete, clubbing, and stoning, an additional 40 Tamil prisoners were
seriously injured and 20 others are reported missing. We understand that the
local Sri Lankan governmental authorities did nothing to prevent this attack
and failed to take measures to protect these helpless detainees even as the
deadly assault progressed. Therefore, we request that you support an
independent and international inquiry of this horrific incident.
Unfortunately, incidents such as these are not isolated occurrences in
Sri Lanka. What is most disturbing is that despite reports from international
organizations such as Amnesty International, atrocities such as these continue
to be repeated. Moreover, in this latest incident, as well as in other similar
eases in the past, the Government of Sri Lanka has failed to protect Tamil
prisoners under its custody.
Because of the lack of progress to guarantee the human rights of all Sri
Lankans and questionable police and security practices that are incompatible
with equal protection principles, we request your assistance in providing
additional assistance for rule of law and human rights programs in Sri Lanka.
We ask for your support in securing at least an additional $1 million to
support the efforts of non-governmental organizations working in Sri Lanka that
seek to promote rule of law and good governance programs. We believe that it is
essential for the United States to promote democratic principles in Sri Lanka
and to allocate the resources necessary to support non-governmental
organizations to carry out programs designed to bring about genuine judicial
and legal reform in Sri Lanka.
In the interim, we ask that you urge the Government of Sri Lanka to
release all Tamil prisoners who are being held in custody without being charged
with a crime. This unacceptable practice is authorized in Sri Lanka through the
Prevention of Terrorism Act. The denial of due process of law under such a
broadly written and vague law is manifestly unjust and would be unthinkable in
the United States. Accordingly, we request that you urge the Government of Sri
Lanka to repeal the Prevention of Terrorism Act because it leads to the
incarceration of Tamils simply because of their ethnic background.
We will closely monitor developments in Sri Lanka and continue to work
closely with Ambassador Wills on these matters of concern to other Members of
Congress and me. Thank you for your consideration of my requests.
Sincerely
Benjamin A.
Gilman Sherrod
Brown
Chairman Member
of Congress
Brad Sherman
Member of Congress
117
EU calls for Sri Lanka to enter talks
(BBC News - South Asia - Tuesday, 19 December, 2000)
The European Union has called on Sri Lanka to enter immediate peace
talks with the separatist rebel group, the Tamil Tigers. At a forum organised by the World Bank for
aid donors in Paris, the EU said the costly long-running ethnic war in Sri
Lanka was ruining the country's development.
The EU statement comes as international efforts continue to get the
government and Tamil rebels to enter into talks.
Defence spending
The EU said it would support Norwegian efforts to bring the two sides to
the negotiating table. It said a lasting peace should "take substantial
account of the aspirations of the Tamil minority and not breach the intangible
principle of the territorial integrity and unity of Sri Lanka."
But it also raised concerns about the level of defence spending in Sri
Lanka.
"The European Union is concerned by the large proportion of the
state budget devoted to military expenditure," said a statement. An
increase in fighting this year forced Sri Lanka to increase military spending
by 40% to over $1 billion.
However, the EU also said "shortcomings in government" were
hampering the country's development.
Human rights criticism
Violations of human rights by both sides were criticised in the
statement.
The EU called specifically for the government to bring to justice the
people behind the massacre of 27 Tamil detainees at a rehabilitation camp in
October.
The Union also voiced concern about plans to bring
back the death penalty.
It said it feared that a recent national security decree, which provides
for greater police powers and censorship of the media, could also lead to
excesses. While government efforts to help displaced people in the north of the
country were praised, the EU said more must be done to improve their freedom of
movement and access to humanitarian aid. (Excerpts)
HUMAN RIGHTS WATCH
WORLD REPORT 2001 - SRI LANKA
Renewed fighting between Sri Lankan government forces and the separatist
Liberation Tigers of Tamil Eelam (LTTE) overshadowed other developments and
generated serious abuses. Intensified battles for control of key territory in
the northern part of the island claimed scores of civilian lives and displaced
some 250,000 people, bringing the estimated number of internally displaced
persons (IDPs) nation-wide to more than one million. Emergency government
powers, in place almost continuously since 1983 and enhanced from May to
September by additional regulations, granted broad powers to security personnel
to arrest and detain suspects, restricted freedom of association, and
authorized media censorship
Human Rights Developments
On November 2, 1999, the LTTE launched operation "Unceasing
Waves" to reclaim northern territory lost to government forces over the
preceding four years. On November 22, artillery shells hit a Catholic shrine in
the northern Vanni region that had long sheltered IDPs, killing forty-two and
injuring sixty more. Each side blamed the other for the attack.
118
Civilian deaths and injuries on the Jaffna peninsula were reported in
the hundreds, but casualty figures could not be confirmed because relief
agencies and journalists were barred from the hardest hit areas. There and in
eastern Sri Lanka, many conflict-related deaths were the result of errant
shells and gunshots. On May 24, four adults and two children were killed in a
village near Batticaloa when a shell fell on their house during a LTTE
offensive against a nearby Sri Lankan army base.
Sri Lanka had still not signed the international treaty banning land
mines due, the government said, to security concerns arising from the conflict
with the LTTE.
Before the escalation in fighting in April, government-run welfare camps
housed some 170,000 IDPs island-wide; some 600,000 other IDPs relied on friends
or relatives for shelter. Although most received some government assistance,
about 100,000 people in Sri Lanka's north and east were thought to be
struggling for survival unassisted. By mid-September, another 250,000 people,
almost all of them residents of Jaffna district, had reportedly been displaced.
Displaced persons and other Tamil civilians in the north and east also
faced discrimination, restrictions on their freedom of movement, arbitrary
arrest, and custodial abuse at the hands of government forces. Due to
government restrictions, Tamil civilians were often unable to reach work sites
to earn a living, attend schools, or seek urgent medical care. In eastern Sri
Lanka, army and police units continued to impose forced labor, demanding that
IDPs and other civilians work without pay building sentry posts, cutting wood,
and cleaning military camps. In mid-July, villagers north of Batticaloa were
reportedly forced to construct a sand bulwark around an army camp; some were
beaten for refusing to comply.
Mass arrests of Tamils occurred after violent incidents attributed to
the LTTE and were often accompanied by reports of "disappearances"
and torture in custody. In one two-week period in January, more than five
thousand people were detained for questioning in search operations in Colombo
neighborhoods. The Sri Lankan Human Rights Commission, a government-appointed
agency, said in July that it had been unable to trace seventeen people detained
by security forces in Vavuniya since the beginning of the year, while Amnesty
International reported a rash of "disappearances" in Vavuniya in
August. A Vavuniya district judge in September criticized local doctors for
failing to report torture-related injuries, and threatened legal action against
practitioners who submitted false reports denying custodial abuse by the army
or police.
Freedom of the press was also under attack by the government.
Intensified press censorship and denial of independent access to conflict areas
frustrated accurate war reporting and civilian access to vital security
information. On May 3, as the LTTE pushed towards Jaffna, the government issued
new emergency regulations banning live television and radio coverage of the
war, requiring government approval before such news could be transmitted
outside the country, and empowering the authorities to detain journalists,
block the distribution of newspapers, seize property, and shut down printing
presses. On June 5, the government relaxed restrictions on the foreign media,
but those relating to the local press remained in place.
From May 13 to July 4, government censors closed Jaffna's only local
Tamil daily newspaper, Uthayan, after it reported that five civilians had died
in a May 12 air force raid and that President Kumaratunga had wept during a
meeting with the head of the Indian air force. On May 22, police seized the
Leader Publications printing plant, blocking the publication of the independent
Sunday Leader and its Sinhala-language counterpart, Irida Peramuna, for
publishing reports on the war that the chief censor said "would have
benefitted the enemy."
At the end of June, the Supreme Court struck down the ban on Leader
Publications on procedural grounds. Days later, the president invoked new
emergency regulations intended to correct those procedural problems. The move
reimposed restrictions on all reporting deemed by the government to be
detrimental to national security, preservation of public order, or the
maintenance of essential services.
In September, the government suspended key emergency regulations banning
public meetings and some of the broader censorship provisions, but restrictions
on military-related news remained in place. At this writing, a ban remained in
effect covering "any matter pertaining to military operations in the
Northern and Eastern Province . . . [and] any statement pertaining to the
official conduct, morale, or the performance of the Head or of any member of
the Armed Forces or the police force."
Individual journalists also came under fire. In April, Nellai Nadesan, a
senior columnist for the Tamil language newspaper Veerakersari, narrowly
escaped a grenade explosion at his home in Batticaloa. In June, journalists
attending a media workshop in eastern Batticaloa received threats after the
government-owned media accused them of links to the LTTE.
119
In September, Sunday Leader editor Lasantha Wickrematunga received a
two-year suspended sentence for an article he published in 1995 criticizing
President Kumaratunga's performance during her first year in office.
Jaffna-based journalist Maylwaganam Nimalarajan was shot and killed by a group
of unidentified attackers on the night of October 19. The attack occurred at
his home during curfew hours in a high security area of Jaffna, and may have
been linked to his reporting on vote-rigging and intimidation during the
October parliamentary elections.
Political violence escalated in the weeks leading up to parliamentary
elections in October. By October 10, the non-governmental Centre For Monitoring
Election Violence (CMEV) had recorded seventy-one election-related murders, at
least twenty-six attempted murders, and over one thousand injuries, assaults,
acts of intimidation, and other abuses.
Prominent social critics faced particular dangers from non-state actors.
On January 5, Tamil lawyer and politician G.G.
Ponnambalam was killed in Colombo. An outspoken supporter of Tamil
separatism, Ponnambalam had acted as legal council in many important Tamil
human rights cases. A group calling itself the National Front Against Tigers
claimed responsibility for his murder, warning that it should be seen as a
lesson by all those who supported the LTTE.
(Excerpts)